SoCal is right that it is not
automatic that someone is found to be in "custody" if they are being accused of a crime. It is just one of the factors considered. In the last few years, IMO it is one of the factors that the Florida appellate courts have emphasized. But reasonable minds can differ on whether Casey was in "custody" even after the door closed at Universal. Balancing all the facts, I think she was. Hopefully tomorrow, we'll see HHJP's ruling. And a couple of years from now, maybe we'll see the Florida Supreme Court's ruling too lol.
RespectfullyQuoted AZlawyer
I read the post re: Lee vs. State and when I read that "The court noted that the "in custody" finding was supported by the fact that the deputy treated Lee as a suspect rather than a witness, confronted him with the evidence against him, challenged him repeatedly when he lied, and did not tell him he was free to leave" I do think that is what happened to Casey at Universal. I'm not happy to agree with that, but I do. I didn't agree with the "not feeling free to leave part", though. Because...
Casey as we talked earlier this morning and we're working a case looking for your daughter Caylee. Is that correct?
Yes
Okay were here at Universal Studios, we're sitting in a little conference room. Obviously the doors unlocked. We just closed it so we could have a little privacy and talk to you.
Uh-huh
(end snip)
...I thought I had remembered LE telling Casey she was free to leave. It was that I remembered them saying that, reading it today I see they did not tell her she was free to go. They told her the door was unlocked and they were just in the room for privacy. Trying to understand what the defense is saying, I can see their point. Casey was never directly told she could leave. The actual words, "you are free to leave" was never said. If they had told Casey she was free to leave after she took them down that hall, I think she would have. I would have.
But Casey did agree when LE stated "we are working a case looking for your daughter Caylee. Is that correct?" And Casey says yes. So, when she is first brought in the room she is told this is about the case she is asking them to work, that Caylee is missing.
And ah, couple more questions came up I need to ask you about. Remember our, how I opened this whole thing in the morning.
Yeah
About saying that you know we need to get complete truth and the snowball effect and...and...
Absolutely
...how it goes? Okay. Um, we're about halfway down that hill, three quarters down that hill and its a pretty big snowball. Which means there is a lot of stuff going on right now.
Uh-huh
And I can tell you just for certainty everything you've told me so far has been a lie. I can tell you with certainty and let me explain why. Since I left you this morning.
(end snip)
Being blind to who we are talking about and understanding that hindsight is 20/20. I can see the argument for the defense here. Right away she is accused of lying. She is "challenged repeatedly." As the conversation continues I would not think, even Casey would think she could just walk out the door. Plus, weren't they her ride?
The evidence they presented "against her" were her lies. They did not have any evidence other than her lies. At the end, you can tell they are tying to get her to confess. You can tell they have made up their minds that Caylee is dead and Casey knows at least, where she is. If not why, she is no more.
I thought that when I read it the first time a least a year ago. I did not think the officers were wrong or doing anything wrong. I felt the same as they, Casey was the key to finding Caylee and they were doing what needed to be done to accomplish that. They stated as such. I am on their side.
But, if this is what the judge is ruling on and it means whether or not Casey had her rights violated. If the judge rules this is so, I understand that.
Casey felt this, she knows this. What she has to say makes them seem awful if you think she is innocent. When she complains that she was "arrested on a ****ing whim" and that they just want her to confess to something she didn't do-she is telling her 'truth' again. They saw through her, and had the nerve to confront her with her lies. In Casey court, they are already convicted of being her enemy. How happy her surprise to find out what was against her own sociopathic rules, was also against the law?
This, imo is why she now scribbles. Being a defense lawyer can be the wet dream of a true sociopath, yes? In this worldwide case against herself, Casey can stand up with the law and show everyone else they are wrong. Through this craft that is called "law" Casey does see the tools of her freedom. On paper, in classroom debates and here on the internet-she has an argument. I see now the defense can always have an argument. There are and will always be two sides to every story.
And, now I think I understand where a jury comes in-to balance the two sides of the story. Very interesting.
I want Casey to have a fair trial. If she murdered Caylee, she will be found guilty by a jury of her peers. I do not envy them the task. They will sit and give much more thought to Casey's life than she gave to Caylee's.
Thank you to everyone who knows law and everyone who posts at Websleuths. The information you share is invaluable.
PS: I am fine with whatever HHJP makes his ruling. I was upset during the last hearing but I understand more now. :blowkiss:
:twocents: