2011.06.03 Geraldo Rivera's statement on Fox & Friends

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Layla214 - :welcome:

And all the best in your scholastic endeavors! I'm glad you can find the time to join us. :hug:
 
AZ, how could she have been in custody, When they told her "POINTEDLY" that she was free to leave at any time.?

Seriously, any lawyer can jump In, but when I'm told by a questioning officer, that I can leave at any time, i'ts common sense that I'm not under arrest. I can skedaddle any time I want. :waitasec:
 
Once someone is read the Miranda Rights, they clam up and want an attorney. LE didnt want to take that chance w/Casey. They wanted to find Caylee..and thought eventually she may slip up.

When they came to the realization she was never going to tell them, they read her her Rights and arrested her.
 
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Once someone is read the Miranda Rights, they clam up and want an attorney. LE didnt want to take that chance w/Casey. They wanted to find Caylee..and thought eventually she may slip up.

When they came to the realization she was never going to tell them, they read her her Rights and arrested her.

Once is such a big word here. :D
 
I thought I remember them asking ICA if she was there on her own free will and she said yes.

This was all a big deal a few months ago when the defense was trying to get all of the taped conversations with LE thrown out but HHJP denied the defense request deciding she was not in custody at the time.
 
I thought I remember them asking ICA if she was there on her own free will and she said yes.

This was all a big deal a few months ago when the defense was trying to get all of the taped conversations with LE thrown out but HHJP denied the defense request deciding she was not in custody at the time.

Sure, and hopefully HHJP's decision will be upheld. But you can bet that this will be brought up on appeal, and it's really not a frivolous claim. The nature of an interrogation can change over the course of the questioning. I'm not sure at what point she said she was there on her free will. But if the tone of the questioning changed after that to a situation where she was not at liberty to leave, then the prosecution shouldn't have used anything she said between that time and when she was Mirandized. Again, I'm not saying that it will be successful, but it will come up.

And I'm going to shut up about this now, because others have mentioned that the DT may be reading here.
 
Sure, and hopefully HHJP's decision will be upheld. But you can bet that this will be brought up on appeal, and it's really not a frivolous claim. The nature of an interrogation can change over the course of the questioning. I'm not sure at what point she said she was there on her free will. But if the tone of the questioning changed after that to a situation where she was not at liberty to leave, then the prosecution shouldn't have used anything she said between that time and when she was Mirandized. Again, I'm not saying that it will be successful, but it will come up.

And I'm going to shut up about this now, because others have mentioned that the DT may be reading here.

I agree. I'm not a fan of Geraldo, and it's been years since I took criminal procedure , but watching this played the other day, my first thought was that this could be grounds for appeal. There are so many other incriminating tapes, I think they could have done without using this one.
 
AZ, how could she have been in custody, When they told her "POINTEDLY" that she was free to leave at any time.?

Seriously, any lawyer can jump In, but when I'm told by a questioning officer, that I can leave at any time, i'ts common sense that I'm not under arrest. I can skedaddle any time I want. :waitasec:

I thought I remember them asking ICA if she was there on her own free will and she said yes.

This was all a big deal a few months ago when the defense was trying to get all of the taped conversations with LE thrown out but HHJP denied the defense request deciding she was not in custody at the time.

We went over this a hundred zillion times back when the motion was argued. Somewhere on legal thread #2 (I think) I posted Florida case law interpreting the phrase "in custody" and all I can say is that it doesn't mean what most people think it means.

HOWEVER, to answer your question Tulessa, if the officers had told Casey she was free to leave I would agree with you. They did not ever say that. I checked the transcript several times because people kept saying that the officers told her she was free to leave, but they did not. They said the door was closed for privacy, or something similar.
 
I remember Geraldo (originally named Gerald) from his antics in the 1980s on his TV show, Geraldo. Don't remember watching the show but remember the publicity it generated: the time he got into a fight onstage and got his nose broken, his having plastic surgery onscreen, and especially remember when he had fat from his rear end put into his forehead. To this day I still believe looking at his face is like seeing his ***. :D Not a pretty picture.


*** self edit :wink:
 
This my first time starting a thread. If I did anything wrong, or if it doesn't fit or whatever, do what you will! :)

Did anyone hear Geraldo Rivera's assertion this morning on F&F that he believes that the police were treating ICA as a suspect when they were interrogating her and the fact that they didn't Mirandize her beforehand, will allow a conviction to be overturned?

What do you all think?

Aqua

I completely disagree with Mr. GR. Please....KC gave them all kinds of noninformation and took them on a wild goose chase. They were totally within the bounds of investigating a "kidnapping" by questioning her about that. Had they not done so at universal....they would be on the chopping block right about now.
 
This my first time starting a thread. If I did anything wrong, or if it doesn't fit or whatever, do what you will! :)

Did anyone hear Geraldo Rivera's assertion this morning on F&F that he believes that the police were treating ICA as a suspect when they were interrogating her and the fact that they didn't Mirandize her beforehand, will allow a conviction to be overturned?

What do you all think?

Aqua

My mom heard him say that over the weekend as well. But wasn't all of this covered in court during the month of March?


It was covered and the judge ruled otherwise but IMO, it was a very close call. Most of the attorneys on the board, including me were very concerned and thought it may not come in. It could be an appellate issue.

What makes me feel a bit more relaxed, however, is the fact that HHJP is a ridiculously intelligent judge and i trust that when he made his order, he made it in a manner that will be very hard to appeal!
 
I wouldn't be suprised if Geraldo has a book coming out at some point about the railroading of Casey ...He remind me of Anne Coulter ..says goofy stuff for attention .
 
Just thought I'd offer a little "fair and balanced" reporting:

1. Geraldo is a joke.
2. HHJP is an excellent judge and rarely makes mistakes.
3. As to the Universal tape, I think HHJP made a mistake. I think Casey was "in custody" at that time, based on the extremely broad interpretation of that phrase by the Florida appellate courts, and she was clearly being accused of wrongdoing by the detectives.
4. It is possible that the Florida Supreme Court will overturn any conviction based on this mistake.
5. It is also possible that the Florida Supreme Court will say that the mistake (if they find it to have been a mistake) was harmless error because everything of significance in the Universal tape was also contained in the other written statements from Casey, witness recollections of Casey's statements, and jail visit videos.

I'm crossing my fingers for #5. :)

I LOVE you AZ but ...and I probably do not have the ability to say it correctly......these policemen , got caught in a web of something that NONE of us can figure out or fathom!!! TO THIS DAY
..To my way of thinking , LE was trying to figure out WTH was going on , having never been confronted with such a .....situation!!! and such a person (an unusual person)
they soon discovered that she was NOT telling then the truth and they needed to know why..........
trying to figure out what was going on and why she saying what she was saying did not make her a SUSPECT!
they just knew that she was not telling them the truth and they were giving her a chance to do so.......
THEY WERE LOOKING FOR A MISSING CHILD!!!

Ok,if it is the letter of the law........well, then.......
but ........just had a bit of my say.........sorry....
 
I remember Geraldo (originally named Gerald) from his antics in the 1980s on his TV show, Geraldo. Don't remember watching the show but remember the publicity it generated: the time he got into a fight onstage and got his nose broken, his having plastic surgery onscreen, and especially remember when he had fat from his rear end put into his forehead. To this day I still believe looking at his face is like seeing his ***. :D Not a pretty picture.


*** self edit :wink:

Oh, no! Now I know what I will think of every time I see GR's face!! :floorlaugh:
 
This my first time starting a thread. If I did anything wrong, or if it doesn't fit or whatever, do what you will! :)

Did anyone hear Geraldo Rivera's assertion this morning on F&F that he believes that the police were treating ICA as a suspect when they were interrogating her and the fact that they didn't Mirandize her beforehand, will allow a conviction to be overturned?

What do you all think?

Aqua
Geraldo is an <unusual person>.
 
I LOVE you AZ but ...and I probably do not have the ability to say it correctly......these policemen , got caught in a web of something that NONE of us can figure out or fathom!!! TO THIS DAY
..To my way of thinking , LE was trying to figure out WTH was going on , having never been confronted with such a .....situation!!! and such a person (an unusual person)
they soon discovered that she was NOT telling then the truth and they needed to know why..........
trying to figure out what was going on and why she saying what she was saying did not make her a SUSPECT!
they just knew that she was not telling them the truth and they were giving her a chance to do so.......
THEY WERE LOOKING FOR A MISSING CHILD!!!

Ok,if it is the letter of the law........well, then.......
but ........just had a bit of my say.........sorry....
I agree with AZ. It really looks like ICA was "in custody" during the interrogation at Universal. If ICA is convicted it will be very interesting to see what the appellate court does with this.
 
I LOVE you AZ but ...and I probably do not have the ability to say it correctly......these policemen , got caught in a web of something that NONE of us can figure out or fathom!!! TO THIS DAY
..To my way of thinking , LE was trying to figure out WTH was going on , having never been confronted with such a .....situation!!! and such a person (an unusual person)
they soon discovered that she was NOT telling then the truth and they needed to know why..........
trying to figure out what was going on and why she saying what she was saying did not make her a SUSPECT!
they just knew that she was not telling them the truth and they were giving her a chance to do so.......
THEY WERE LOOKING FOR A MISSING CHILD!!!

Ok,if it is the letter of the law........well, then.......
but ........just had a bit of my say.........sorry....

But, they are trained. When I first heard the tape, I kept wondering: "When are they going to Mirandize her?" I couldn't understand it. I don't think they even tried to get yet another statement after they arrested her, which IMO, they should have tried to do. People like casey feel they can get out of anything by lying. casey didn't shut up until long after she got an attorney.
 
Just thought I'd offer a little "fair and balanced" reporting:

1. Geraldo is a joke.
2. HHJP is an excellent judge and rarely makes mistakes.
3. As to the Universal tape, I think HHJP made a mistake. I think Casey was "in custody" at that time, based on the extremely broad interpretation of that phrase by the Florida appellate courts, and she was clearly being accused of wrongdoing by the detectives.
4. It is possible that the Florida Supreme Court will overturn any conviction based on this mistake.
5. It is also possible that the Florida Supreme Court will say that the mistake (if they find it to have been a mistake) was harmless error because everything of significance in the Universal tape was also contained in the other written statements from Casey, witness recollections of Casey's statements, and jail visit videos.

I'm crossing my fingers for #5. :)
What happens if a conviction is overturned? Can she be tried again without that evidence or is there some kind of double jeopardy in play?
 

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