2011.03.07 Motions Hearing

[LolaMoon08]

Love how Judge Perry pronounces his "R's" He says "R-ah."

 

[Tulessa]

HHJP schooling Mason.

 

[Oakley]

Good God this man is truly deaf!

 

[Eidetic]

HJBP pronounces his r's; "are-uh" <3

 

[sleutherontheside]

Judge is on fire today. Love it.

 

[distracted 1976]

Please bring on Linda....Mason sounds like he is eating his own tongue!

 

[Melanie]

CM gettin schooled. Am slightly embarassed for CM as he can't hear the judge (who has to keep trying to get CM's attention).

Yikes!

Mel

 

[Searchfortruth]

What was the case the Judge referenced ?

Ooops, sorry the question has been answered.

 

[eaglemom]

Parks vs. State (1994) CM doesn't know about it - HHJP is schooling him about it wants to know his opinion about it - evidently CM sent a list of cases for HHJP to review - CM skips over it and starts on the ones he knows

 

[sleutherontheside]

How much do we want to bet that Judge Perry has his ruling in front of him right now??

 

[LiveLaughLuv]

Parks Vs STate.....His Honor has never had a case overturned on appeal, I'm sure he did his homework....

 

[ziggy]

CM is summarizing: Evening of July 15, CA called 911 - and was described as aggitated and hysterical saying "I want her arrested!" This begins the psychological pressure of a young 22 year old with no prior involvement with law enforcement, no street kid and no idea what was going on. Then 4 deputies arrives all in 'full regalia". She was questioned and then the next undisputed fact is that she was handcuffed by the deputy. This fact somehow evaded the knowledge of supervisors and the prosecution. Because she was handcuffed it cannot be argued that she was not in custody right then - and it started right then - she was led out to the car, patted down and put in the back seat of the car in the caged compartment where she could not open the doors or roll down the windows. Then she was driven to Sawgrass by a deputy in 'full regalia' and another deputy questioned her about the apartment and the nanny scenario - still no Miranda.

She was brought back and taken for a walk by Hosey and now a suggestion has been made that she had been "unarrested". CM cites Williams v. State - "there is no such thing as unarrest".

Judge Perry interrupts: at what point were the handcuffs taken off? Were they taken off before she went to look at the apartment? CM answers no one remembers that so clearly.

CM then says in the totality of the circumstances that she is in a psychological circumstance of her mother yelling for her to be arrested and the handcuffs and the uniformed deputies make it feel to her like she is in custody.

She is then questioned by Melich who takes her into a room in the house where the two were in there alone; she is isolated from her family at that point; no Miranda.

There is evidence that there were harsh tones from time to time.

Looking through the eyes of the defendant, 22 yo with no experience with law enforcement and she is in an environment where she does not believe she can leave or not speak. She was never told that she could leave or didn't have to talk to anyone. This went on until about 3:30 in the morning. LE leaves.

Then the deputies come back in the morning. And they took her at that time in the car and both CA and GA said they were told she will not be back - this is relevant to the whole concept of their intent to have her in custody.

They took her to Universal - they did not invite her to meet them there; he didn't ask the family will you bring her to Universal in the morning? This shows intent by LE to have her in custody.

Now they get to universal and there are 4 big guys including head of security at Universal - they are in a secured area not open to the public and they take her down a hallway whereupon they put her in a small conference room about 10' by 10' (CM shows an area of the courtroom about the same size) with 3 ARMED detectives and KC and they closed the door and did not give her Miranda - and they kept the door closed.

LE says the door was closed for privacy - but regardless of the reason stated by LE, CM is arguing that a closed door means something different to the reasonable person - that she was not free to go.

So under the law we must evaluate whether her freedom was deprived in any significant way;

JUDGE PERRY NOW GIVING CM HIS OWN RESEARCH ON THIS:
Parks v. State 644 1994
CM has not read that case :0

CM cites Ross v. State, FL Supreme Court
Find the totality of the circumstances analogous to KC's case.

...

 

[Horace Finklestein]

So the cops should have made her drive separately? This is absurd and a rehash of last week.

 

[LolaMoon08]

What was the case the Judge referenced ?

Parks vs. State?

 

[okiedokietoo]

CM if her freedom was denied in any significant way

CM rambling

CM Ross vs State Fla Supreme Court - re: totality of the circumstances

 

[MADJGNLAW]

OK, lets say they didn't read her her Miranda rights on July 15..what about what she told LE on July 17 when she was arrested?

She lied, LE took her to look for Caylee at ZFG apt at SawGrass, then Universal, and after that on July 17 she was arrested. Right?



From what was said here http://www.cfnews13.com/casey-anthony-timeline#06-2008


July 17 - Casey Anthony is officially charged with child neglect, lying to investigators and interfering with a criminal investigation. The judge denies bond because she showed a "woeful disregard for the welfare of her child."

July 17 - The Sheriff's office begins to search the backyard of the Anthony house.

July 17 - The Sheriff's Office takes possession of the car and finds evidence of possible human decomposition. The car is sent to the forensics bank.

July 16 - Police talk to Zenaida Gonzalez who says she does not know Casey Anthony. Police also take Casey to Universal Studios where she said she worked. After leading them to a building, she admitted she was no longer employed there.

July 15 - The Sheriff's Office is notified that Caylee Anthony has been missing since June 9.

 

[Leila]

WOW - HHMP just cited a 1996 case and asked if CM was familiar with it.

Obviously, HHMP has studied THIS case and has a precedent case in mind to cite for the basis of his ruling.

 

[beach]

PLEASE BE CAREFUL ABOUT THE NAMECALLING - including calling anyone a liar.

 

[Oakley]

CM to HHJP "If you remember in school...Miranda Rights..." He's trying to school the Judge!

 

[distracted 1976]

So sorry Mason...was Caylee given the option to have her Miranda rights read to her????? Off to time out!