2011.01.04 Defense Motion to Suppress Casey's Statements to LE

[Horace Finklestein]

Hello :seeya: and apologies for any repeats:

Q -- evening, was she cuffed in the car?
A -- I don't think so. I think she was just in the backseat.
page 391 LA
http://www.thehinkymeter.com/Library/CMA/depos/lanthonydepo073009.pdf


SUPPLEMENT #Original - INCIDENT REPORT (07/16/08) to Arrest Affidavit
http://www.acandyrose.com/caylee_anthony_transcript_ArrestSup-Org_071608.htm

Sgt. R. Hosey - responded to Cindy's 911 calls at the Anthony Home

Nowhere in this report does it say KC was taken into custody and cuffed.

Anything Mason says is suspect. He doesn't know this case or the facts in this case nearly as well as the average person on WS.

 

[BondJamesBond]

Sorry I can't link on my Blackberry, but the details of events spanning from thje last 911 call all the way through to her arrest the following afternoon are contained in a thread in the Resource Forum titled something like, "Events Post-911...". - I will bump it there as soon as I can. Very good read IMHO for anyone following this case.

 

[JSR]

It is maddening, the literary license he takes.

It is. I have a case that which we just won a big motion. In the actual order that the judge issues he called the other party out on their inaccurate factual background and was called on the carpet about it in the hearing before the Judge on the same motion. Judge's don't like being lied to in pleadings. It's one thing to fudge on some of your recall. But to manufacture the facts so that it fits with your arguments will grate on a Judge's nerve. The tattoo IS relevant because of the timing of when Casey got the tattoo. Casey didn't' get the tattoo two weeks after Caylee was reported missing. And I hope the SA points out that inaccuracy in its response.

 

[LambChop]

Could it be that KC was put in the patrol car prior to her taking them to Sawgrass and they shut the doors leaving her locked in the car before they were ready to leave and it is possible it took up to 10 minutes because I believe they were in a conversation with GA at the time? Those back doors lock automatically and there is no way a prisoner can get out themselves. She may have added the "handcuffs" for drama. They had no reason to handcuff her at that time as they thought she was cooperating. Remember KC is the one who thought the police arrested her on a "en whim" because she lied to them about her missing daughter. Obviously KC was not aware at the time it's against the law to do so. jmo

 

[luv]

Sorry I can't link on my Blackberry, but the details of events spanning from thje last 911 call all the way through to her arrest the following afternoon are contained in a thread in the Resource Forum titled something like, "Events Post-911...". - I will bump it there as soon as I can. Very good read IMHO for anyone following this case.

Thanks!

Events Post-911 Calls 7/15 to Arrest 7/16
http://www.websleuths.com/forums/showthread.php?t=93000&highlight=Events+Post-911

 

[ZsaZsa]

:blushing:YW

I suspect the responding officer placed KC in his car to separate her from the family.

Agreed. It starts off that they were called with respect to a car theft, but as they are questioning the family they are told the kidnapping story and from then on describe ZFG as 'the suspect', not Casey, so would they have any need to handcuff her at all? Are people routinely handcuffed when put in a police car while others are being interviewed?

 

[LambChop]

BBM

Ooooh! Good point, Mendara! This would be a good arguing point for the SA to use to try to keep these tapes in. "Your Honor, IF the defendant was cuffed for 10 minutes, and we would ask that the court keep in mind that there is no evidence other than the statement of the defense team that this ever occurred, we would like to remind the defense and your Honor that not only were LE responding to a 911 call of a reported missing child, but also that a theft of money had occurred and a vehicle had been stolen. These things were clearly stated on the 911 calls by Mrs. A herself, asking for her daughter to be arrested. Therefore, your Honor, we would state that IF any of the responding officers did indeed place ICA in handcuffs for, what, I believe she states herself in a text message that it was only for 10 minutes, that the officer was acting in good faith by cuffing her, only to remove the cuffs minutes later after learning there would be no charges filed by the mother, CA. Everything that came after that was in regards to finding her "missing" daughter. Therefore, the Universal trip interviews should be allowed in. Thank you."

So if she were cuffed they would have read her her rights. That is SOP.

 

[LancelotLink]

It is. I have a case that which we just won a big motion. In the actual order that the judge issues he called the other party out on their inaccurate factual background and was called on the carpet about it in the hearing before the Judge on the same motion. Judge's don't like being lied to in pleadings. It's one thing to fudge on some of your recall. But to manufacture the facts so that it fits with your arguments will grate on a Judge's nerve. The tattoo IS relevant because of the timing of when Casey got the tattoo. Casey didn't' get the tattoo two weeks after Caylee was reported missing. And I hope the SA points out that inaccuracy in its response.

Wow! I love this, they actually got called out by the judge!!
I would well imagine it would grate on the judge's nerves. It would mine, after all the cases he/she must hear and be "up" on, to have a lawyer try to pull one over on you. Goes to respect.
I can see HHJBP's patience wearing down to a nub as we proceed, especially since he has already heard CM's faulty memory on other areas of this case.
Fudging on recall, makes me think of how many times CM refers to his age, hearing, age...could be a way to say, "So, I don't remember so well...so I might not have everything written down so well...don't blame me...I'm old."
Someone pointed out the other day his real age, and I was astonished. I would guess he and HHJBP are about the same age, so hopefully, that won't fly.

 

[LancelotLink]

Could it be that KC was put in the patrol car prior to her taking them to Sawgrass and they shut the doors leaving her locked in the car before they were ready to leave and it is possible it took up to 10 minutes because I believe they were in a conversation with GA at the time? Those back doors lock automatically and there is no way a prisoner can get out themselves. She may have added the "handcuffs" for drama. They had no reason to handcuff her at that time as they thought she was cooperating. Remember KC is the one who thought the police arrested her on a "en whim" because she lied to them about her missing daughter. Obviously KC was not aware at the time it's against the law to do so. jmo

TY!! Perfect!

 

[Bittiness39]

FYI, sorry if this has been mentioned before re: handcuffs + KC...(Lol)

CM may have been referring to a text that KC sent TL on the morning of 7/16. This is when she is texting to TL about Caylee, he is horrified Caylee is gone, stumped that she didn't tell him about Caylee being missing all of this time. They exchange stuff back and forth and evenutally KC also says that she "honestly" doesn't know where Caylee is; that she has been filing reports all night and driving around with multiple officers LOOKING at old apartments that she (KC) had taken Caylee to (meaning places where "Zanny" would be); KC texts in response to TL's concern that she didn't tell him about Caylee that she (KC) lied to everyone; she further texts TL that she had been put in handcuffs for 10 minutes and sat in the back of a cop car.

So according to KC's texts, she was put in handcuffs sometime between the time police came to the house on the evening of 7/15 and the early morning hours of 7/16. Meaning that she was handuffed prior to the Universal "I have a job here" interview with police. When she was texting TL about all of this was very early on the morning of 7/16 like around 7:00 am or so.

Does this help? Sorry at all if it has been mentioned before...

 

[JSR]

Wow! I love this, they actually got called out by the judge!!
I would well imagine it would grate on the judge's nerves. It would mine, after all the cases he/she must hear and be "up" on, to have a lawyer try to pull one over on you. Goes to respect.
I can see HHJBP's patience wearing down to a nub as we proceed, especially since he has already heard CM's faulty memory on other areas of this case.
Fudging on recall, makes me think of how many times CM refers to his age, hearing, age...could be a way to say, "So, I don't remember so well...so I might not have everything written down so well...don't blame me...I'm old."
Someone pointed out the other day his real age, and I was astonished. I would guess he and HHJBP are about the same age, so hopefully, that won't fly.

Yes, the Judge did call out this counsel, and both verbally and in his written opinion. Which I might add was NOT filed under seal so it's also available for public consumption. I did a little jig when I read the transcript and then the order. This particular counsel was less than ... well he wasn't nice. And I might add this Judge reminds me of the Honorable Perry. Nothing gets by him and he really pushes his cases along.

I can also see Honorable Perry almost losing it. I not only respect Honorable Perry, I admire him too.

 

[spqr]

Could it be that KC was put in the patrol car prior to her taking them to Sawgrass and they shut the doors leaving her locked in the car before they were ready to leave and it is possible it took up to 10 minutes because I believe they were in a conversation with GA at the time? Those back doors lock automatically and there is no way a prisoner can get out themselves. She may have added the "handcuffs" for drama. They had no reason to handcuff her at that time as they thought she was cooperating. Remember KC is the one who thought the police arrested her on a "en whim" because she lied to them about her missing daughter. Obviously KC was not aware at the time it's against the law to do so. jmo

BBM...That is true on regular patrol cars, but in many agencies the Detectives/Investigators have regular cars/unmarked. Those cars don't have that locking feature.

Sometimes there are more than two Detectives or Narco Investigators in the unmarked cars. Some of them need to be in the back seat and for tactical and safety reasons those doors don't lock like regular marked patrol cars.

 

[ZsaZsa]

What's this all about?
http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234

Directing the JAC to retain confidentiality and not disclose identities of certain defense witnesses ( This order to be sealed).

 

[logicalgirl]

What's this all about?
http://myclerk.myorangeclerk.com/CaseDetail.aspx?CaseID=6236234

Directing the JAC to retain confidentiality and not disclose identities of certain defense witnesses ( This order to be sealed).

Ann Finnell has asked for her penalty phase witnesses identities be sealed. JAC will be paying for investigative services for service for these witnesses and HHJP is cautioning JAC to not publish their names on their payments before the trial.

 

[Solace]

Ann Finnell has asked for her penalty phase witnesses identities be sealed. JAC will be paying for investigative services for service for these witnesses and HHJP is cautioning JAC to not publish their names on their payments before the trial.

For anyone's information:

Ann Finnell's work along with another defense lawyer is memorialized in a documentary called "Murder on a Sunday Morning". It is an outstanding documentary and the lawyer for the defense (his name escapes me) is fantastic. So if you get a chance, it is mezmerizing and I was glued. Did not expect to be but it was one of those times where the Justice System works - and watching the lawyer question the detectives is worth it - just to see them confronted. Highly recommend it.

 

[Perelandra48]

Fudging on recall, makes me think of how many times CM refers to his age, hearing, age...could be a way to say, "So, I don't remember so well...so I might not have everything written down so well...don't blame me...I'm old."
Someone pointed out the other day his real age, and I was astonished. I would guess he and HHJBP are about the same age, so hopefully, that won't fly.

BBM

Mason is 67--older than he looks, but I still don't think he's anywhere near the doddering "oldster" that he pretends to be.

"J. Cheney Mason (Member) born Jacksonville, Florida, December 12, 1943; admitted to bar, 1971, Florida"

http://www.lawyers.com/Florida/Orlando/J.-Cheney-Mason,-P.A.-820076-f.html

 

[chefmom]

Just listening again to fear and grief in Cindy's voice made me cry again. Just awful. Then listening to Casey's CALM COLD responses and telling her mother "SHE HAS NOTHING TO SAY TO THE SHERIFFS DEPARTMENT" whne the dispatcher asks to speak with her is just beyond belief as well as the lie she immediately told about speakign to Caylee that morning.

Honestly she said she spoke to Caylee that morning because she was over it and actually thought that if she made everyone believe that although Caylee was taken she was still alive and therefore Casey was not worried.

I hate her so much -- what an awful eveil monster.

MO

I know! The anguish that CA must have been feeling at that moment is something no one should ever have to feel. You can tell by the tone of KC's voice that she just doesn't want to be bothered with this. She had beer to buy with stolen money and parties to attend. Caylee? Caylee who? IMO, the needle is not enough.

 

[LambChop]

BBM

Mason is 67--older than he looks, but I still don't think he's anywhere near the doddering "oldster" that he pretends to be.

"J. Cheney Mason (Member) born Jacksonville, Florida, December 12, 1943; admitted to bar, 1971, Florida"

http://www.lawyers.com/Florida/Orlando/J.-Cheney-Mason,-P.A.-820076-f.html

Hey, I resemble that remark. 67 is not that old. He looks like 67, trust me. People are taking better care of themselves today so 67 is the new 57. lol For those of you who are 40ish now, take care of yourselves and attend to your health problems and when you get here....67 will be the new 47. lol

 

[Gma Kat]

BBM

Mason is 67--older than he looks, but I still don't think he's anywhere near the doddering "oldster" that he pretends to be.

"J. Cheney Mason (Member) born Jacksonville, Florida, December 12, 1943; admitted to bar, 1971, Florida"

http://www.lawyers.com/Florida/Orlando/J.-Cheney-Mason,-P.A.-820076-f.html

BBM: ITA....he reminds me of when my grandson (then 3, now 4) was being disciplined and he says "But Dad! I'm just a kid!" :floorlaugh:

CM deflects HHJP's questions and comments with his "doddering oldster" routine......if he's that old and unable to manage due to his age, he should hang it up.

 

[chefmom]

Hey, I resemble that remark. 67 is not that old. He looks like 67, trust me. People are taking better care of themselves today so 67 is the new 57. lol For those of you who are 40ish now, take care of yourselves and attend to your health problems and when you get here....67 will be the new 47. lol

Lol! So, is my 47 like the new 37? If so, can I just start telling people I'm 35? :crazy: