2011.03.07 Motions Hearing

[TotallyObsessed]

Well THANK YOU LINDA. "ZFG was the focus, not CMA as a suspect"

 

[ebedeeb]

A very Coherent final argument by LDB...thank you

 

[okiedokietoo]

Patrol Officers no other conclusion that this was domestic problem

 

[ecs5298]

SLAM!!!!!

Way to go LDB!

 

[SuziQ]

ZFG was listed as the only suspect that first night on all the forms. Did I hear that right?

 

[Melanie]

chomping on their gum like cows chewing cud...when will His Honor admonish that....

Oh, but this has been so hard, they haven't been sleeping, and losing weight, and they need their gum and head gestures.

:floorlaugh:

 

[okiedokietoo]

STATE : didn't need to tell ICA that she was free to move about her own home

 

[Dignity4Victims]

I know it's based on law, and I'm not a lawyer, but I am a reasonable person and if I were uncuffed and freely moving about in my home, going to my room alone, I would not feel I was "in custody".

Really.

 

[Intermezzo]

A lot of notes being passed around at the defense table...and chatting...to Medina as well.

 

[Eidetic]

Casey leaned over and whispered something to Jose. When she put her hand over her face, it was clenched (also still holding the pen) in a fist aimed at LDB.

 

[logicalgirl]

LOL ZFG was the suspect, not CMA

Loving the information that ZFG's name was on the top of each officers report as the suspects name!!!! :woohoo:

 

[TiaM]

Jumping ahead here to make a point:

There is a concurrent "Tampering" investigation going on. The one involving Laura Buchanan. Cindy Anthony is perhaps, perhaps not, involved in this alleged "tampering" due to her alleged relationship with LB.

Part of the evidence may or may not include many statements Cindy has make during statements, depos, phone calls and emails to LE.

If Cindy would ultimately be charged with tampering, could her attorney attempt to have all these previous statements, depos, phone calls and emails to LE thrown out as Cindy, as far as we know, has never been Mirandized during this investigation?

I guess not.

I don't see the difference. LE has to start investigating somewhere. If during the investigation, they decide there is enough evidence to warrant an arrest, THEN, I could see Mirandizing someone.

IMO they had to wait until they thought they had enough evidence, or statements to indicate 1) a crime and 2) a suspect before they placed ICA under arrest and Mirandized her.

Lawyers, am I on the right track?

 

[Melanie]

ZFG was listed as the only suspect that first night on all the forms. Did I hear that right?

You sure did!

I like how Linda says "cuffed and uncuffed" for the fraud charges that Mrs. Anthony asked to be placed on her daughter.

She never says the word arrest!

 

[TotallyObsessed]

Look at JB, I swear he just almost got up to go say something to JA while LDB is talking.

 

[okiedokietoo]

STATE: cuffing and uncuffing was re: was what CA insisted on -

 

[BigFatMommyDog]

JB turns to Median, she whips out her blackberry starts texting

 

[ziggy]

LDB makes the point: And the patrol officers could only be left with the conclusion that this was a domestic problem because CA was freaking out and KC did everything possible to minimize the ordeal - playing it off as no big deal and that her mother was overreacting. Contradiction.

LDB also makes the point she was already in her home so telling her she was free to go is rather moot.

She asserts that the 5 minute cuffing and uncuffing was about the fraud charges and not an arrest; that the almost immediate removal of the cuffs sent a clear message to Ms. Anthony that she was not in custody and was allowed to go about her business in the residence until the next detective arrived.

 

[sleutherontheside]

LDB gave M Medina a packet of case law on FRIDAY!!!

 

[eaglemom]

LDB 3 seperate periods of time
July 15-16 2008 (patrol officers) - 4 Ramirez factors evaluation - deputies did not surprise were summoned by 911 calls by Cindy. Did not drag ICA out of home. A reasonable person should assume these officers are going to ask questions - ask questions of LA, GA, CA and ICA. First responding officers thought it was stolen vehicle call - can see that on Tiburon - not given priority. When getting there confronted with missing child.

Purpose - find evidence - ICA best source for that. Focus on ZFG. At top of all statments for patrol officers that night for 'suspect'.

Place - parents home. ICA consensual entry into patrol vehicle. ICA treated as witness to kidnapping. Questioning intermittent brief - statement given without threat or cohersion. Even with patrol officers contact Sgt. Hosey says ICA tried to minimize seriousness of this event CA was making a big deal. Domestic problem as far as patrol officers concerned. Phone retreived so ICA could get info to help.

Could ICA leave (was she informed) - this was her home. Evidence suggests she could move about her home. Officers did not order her to tell her where to go - requested to get in patrol car or for statements.

Cuffing and uncuffing - temporary custody because CA insisting she be in custody and the almost immediate removal sent signal she was not in custody. At least one hour passed between cuffing and arrival of YM.

Sanchez V. Velasquo (1990)

 

[LiveLaughLuv]

LDB has the defense team scurrying looking for something...I believe his honor will go with the state...she was not considered a suspect until after they asked if she wanted to change her statement, that was at the sheriffs office...I'm also betting His Honor has already made a ruling...