2011.06.03 Geraldo Rivera's statement on Fox & Friends

[Tuffy]

She was not questioned at all until after she was ARRESTED...which means her Miranda Rights had already been read.

No, she was not under arrest while at Universal. It was made clear that Casey knew she was there under her own free will. At no time at Universal was Casey restrained or arrested.


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[okiedokietoo]

http://www.geraldo.com/v5/Geraldo-At-Large/Juanie-Cochran.gr
June 4th 2011 - 2pm

Juanie Cochran

That is what some reluctant admirers are calling accused tot killer Casey Anthony's relatively young and inexperienced Latino defense attorney Jose Baez.

(quoted from article - Geraldo.com)

 

[sdmike1974]

Casey wasn't in custody during the Universal Studios interview. They made it clear they only asked her into the UNLOCKED room for privacy and that she was free to go if she wanted.

I sure would feel a lot better if I could find a link that shows either of the detectives telling Casey "she was free to go if she wanted."

The audio I did find a link to has detective Yuri Melich saying, "We're here at Universal Studios in this small conference room ... the door is unlocked ... we closed the door to get a little privacy."

There was no statement about "you are free to leave".
Audio of interview:
http://tinyurl.com/3wsoc65

Does anyone have a link where we can hear either detective making this statement? The reason I ask, is this would obviously be such a strong argument before an appellate court in support of a non-custodial interview (if it comes to that).

 

[AZlawyer]

I sure would feel a lot better if I could find a link that shows either of the detectives telling Casey "she was free to go if she wanted."

The audio I did find a link to has detective Yuri Melich saying, "We're here at Universal Studios in this small conference room ... the door is unlocked ... we closed the door to get a little privacy."

There was no statement about "you are free to leave".
Audio of interview:
http://tinyurl.com/3wsoc65

Does anyone have a link where we can hear either detective making this statement? The reason I ask, is this would obviously be such a strong argument before an appellate court in support of a non-custodial interview (if it comes to that).

You are correct--the detectives did not say she was free to leave.

 

[Kimster]

You are correct--the detectives did not say she was free to leave.

And I was listening to Levi's show tonight and Holly quoted the case from Arizona that set the bar for Miranda laws. This only made this a bigger concern to me now.

:sigh:

Gosh darn it, AZ! Find us a loophole so I quit reading this thread, would ya? :floorlaugh:

 

[cyberborg]

http://www.wesh.com/casey-anthony-extended-coverage/28145779/detail.html

Miranda Warnings Needed?

Dear Judge Eaton: How likely is it that on appeal that those interrogations get tossed out because the police did not properly give Ms. Anthony her Miranda warnings? -- Jess Smith, Orlando, Fla.

The trial judge held an evidentiary hearing and decided the evidence showed that Ms. Anthony was not in custody at the time and was not entitled to Miranda warnings. That is a finding of fact, and appellate courts will not reverse a finding of fact if it is supported by competent, substantial evidence. It is unlikely the appellate court will reverse on this issue. -- Judge O.H. Eaton

 

[Kimster]

Cyberborg, that's pretty much what Holly said on the Levi Page show tonight too. Thanks for the link!

 

[katydid23]

I have wondered the same thing. I like Greta and she started out with having good coverage. Her's all seems political now.

Greta had a segment on tonight but it was really odd, imo. Greta kept saying what a HUGE mistake it was to have Dr Vass as an expert witness. She said it might become a reversible error in the appellate process and it was unnecessary because he did not prove anything at all. I was very surprised.

Luckily she had an opposing opinion by Judge jeannie Pireau who said the opposite.

 

[cluciano63]

Maybe LE is okay legally with the handling of the interview at Uninversal, but I personally think (JMO) that as soon as they confirmed the lie that she did not work there, they had her in their sights as the suspect, as they would have to be blind not to do so. I don't believe they felt they had a missing child at that point, and YM's statements to her about the child being in the trash can, etc. support the idea that he felt he had the killer right there in that room.

But I hope they did it right, from a legal standpoint.

 

[katydid23]

Maybe LE is okay legally with the handling of the interview at Uninversal, but I personally think (JMO) that as soon as they confirmed the lie that she did not work there, they had her in their sights as the suspect, as they would have to be blind not to do so. I don't believe they felt they had a missing child at that point, and YM's statements to her about the child being in the trash can, etc. support the idea that he felt he had the killer right there in that room.

But I hope they did it right, from a legal standpoint.

She was a POI, but not the only suspect at the time. They were running parallel investigations. They did obviously have suspicions about her, but they were also actively searching for Zenaida and they were trying to find out who Caylee's father was to see if that was where she was taken. So imo they were not solely focused upon Casey as the only suspect, and there is that 'emergency' clause that has been noted, saying if a life is at stake one can hold off on the Miranda Warning for a time.

 

[Just Jayla]

Maybe LE is okay legally with the handling of the interview at Uninversal, but I personally think (JMO) that as soon as they confirmed the lie that she did not work there, they had her in their sights as the suspect, as they would have to be blind not to do so. I don't believe they felt they had a missing child at that point, and YM's statements to her about the child being in the trash can, etc. support the idea that he felt he had the killer right there in that room.

But I hope they did it right, from a legal standpoint.

I believe they did-KC was not charged with murder for months. Weeks that it took for the police to come anywhere close to presenting their findings to the state, weeks before the state made a decision what to do about it.
In the meantime, Yuri, the other detectives, and the FBI searched for a living Caylee. The FBI went door-to-door asking people to present their children for a visual identification.
I believe JB wanted to point out that LE knew she was lying to them prior to Univesral and were going to charge her with that, so she should have been Mirandized there. But LE could not have known whether they were lies in KC's mind (though they were lies in reality), or whether KC was scared & confused, on medication or mentally unstable-until they spoke with her further. She did not simply say "I was not there," she made up elaborate stories. They had to want to know if she was just looney tunes. They found out for sure during the Universal interview that she meant to lie in such a grand fashion.
As to YM's statements, I am not sure YM was sure. I believe he held out the possibility that Caylee died accidentally and KC was afraid to tell anyone. It is thought by some that they did not Mirandize her so that she could further incriminate herself, but I give greater weight to the argument that they did not Mirandize because they wanted to find Caylee, they wanted KC to feel free to tell them, and then finally, they tried a scare tactic.
Once all of those things were exhausted during the Universal interview, I agree with you that they pretty much knew. But they fell back, regrouped, surely talked to Lawson Lamar, and proceeded to arrest her.

 

[mydailyopinions]

I think after this trial, Jose just may be able to be a legal analyst for Fox News Station.

He spins BS just as good as the rest of them.
JMHO

 

[clv129]

well... the detectives DID say to casey "i know you harmed caylee" or words to that effect... it kind of was a 'did not - did so' back and forth... i sure hope it doesn't get thrown out because they didn't mirandize her... and i was appalled to hear how adamantly geraldo was saying it would be overturned... the other one who should shut up is leonard padilla with his 'theories' that he's throwing out there... he's apparently not going to be called to testify which why he's on all the talk shows (is this right--does anyone know why he wouldn't be called?)

 

[aeneas1]

You are correct--the detectives did not say she was free to leave.

true. but that doesn't mean, and you're not saying, they were obligated to do so, correct?

 

[sdmike1974]

And I was listening to Levi's show tonight and Holly quoted the case from Arizona that set the bar for Miranda laws. This only made this a bigger concern to me now.

:sigh:

Gosh darn it, AZ! Find us a loophole so I quit reading this thread, would ya? :floorlaugh:

You piqued my curiosity Kimster.

Happy to report that I did find a link to the audio for the Levi Page Show with Holly and Pat Brown.
http://bit.ly/iWlFcb

 

[Steely Dan]

Greta had a segment on tonight but it was really odd, imo. Greta kept saying what a HUGE mistake it was to have Dr Vass as an expert witness. She said it might become a reversible error in the appellate process and it was unnecessary because he did not prove anything at all. I was very surprised.

Luckily she had an opposing opinion by Judge jeannie Pireau who said the opposite.

There was a first trial for fingerprints, blood typing and DNA. They have to start somewhere. My concern is that I'm hearing his methods haven't been adequately peer reviewed. JMO

Also, if it is overturned doesn't that just mean she'd get a new trial?

 

[Velouria]

Yes, I'm sure KC often kept dead raccoons in her trunk!

Of course! Right next to the meat-soaked paper towels and dirty diapers.

I know I personally always try to keep my car trunk fully stocked with stinky garbage just in case.

 

[cuppy199]

I dont think the judge would of let it in if he thought it was a issue. We are not talking about a judge that is wet behind the ears. He knows the law well. I dont think it will be appealed for this reason. This case is to important and is nationally televised which makes the judge that more cautious. The way Casey was laughing and carrying on towards the end seemed pretty reasonable to me :twocents:

 

[aeneas1]

btw, if push came to shove over miranda rights, it would seem that the "public safety" exception would easily apply given a missing child appeared to be in clear and present danger during questioning, no?

 

[Wise Old Owl]

You are correct--the detectives did not say she was free to leave.

You're right - they never said she was free to leave. BUT, starting at 5:18 at the link below

Allen does say to her "You're here willingly, right?"
ICA: "Right"
Allen: "You're here to try to help us find your daughter"
ICA: "Absolutely"
Allen: "Nobody is forcing you to talk to us"
ICA: "yes"

So, does that equal in saying that ICA knew she was free to go? I think it does say quite clearly that she was there WILLINGLY and that nobody was forcing her to do anything.

Whatcha think?

http://www.myfoxorlando.com/dpp/news/060211-Investigators-interview-Casey-Anthony