If Miranda argument is upheld

[KenoshaKid]

We know that if JB isn't given what he wants, he already indicated (Friday) that he would take it to an appeals court, so the judge will probably ponder this, and not rule on Monday (after closing arguments). IMHO, the judge is going to make sure his decision is iron clad for an appealate issue. And if JB takes it there, we can probably expect another delay in the case. I wouldn't expect anything less from JB! After all, we listened to 2.5 days of - everyone is picking on me and they don't like me or my client. To take a quote from Charlie Sheen...DUH!

:banghead:

Mel

I think he will appeal no matter what.

 

[BlOnDe_GuRrL]

even if her statements get tossed, they can still bring up the fact that she ran them in circles when being questioned, no?

 

[LiveLaughLuv]

Casey Anthony's Lawyer Wants Babysitter Claim Banned From Murder TrialCasey Anthony's Father Sob on the Stand in Court Today

35 comments By ASHLEIGH BANFIELD and KAITLYN FOLMER
March 3, 2011

Lawyers for Casey Anthony are trying to convince a judge that the mom suspected of murdering her daughter Caylee was not properly read her rights and that key statements by Anthony should be thrown out of her upcoming trial.


Among the remarks that could be at risk are Anthony's statement to Florida police that her missing daughter was with a babysitter named Zenaida Gonzales. Police eventually determined that Anthony did not know a babysitter named Zenaida Gonzales.

http://abcnews.go.com/US/casey-anth...ing-babysitter-trial/story?id=13043937&page=1

It's already in the in 911 call, what good would it do ICA to try and suppress that remark...It's on the last 911 call..

This I believe is a far reach. I so hope His Honor sees it for what it is...being detained for 5 minutes while the officer finds out what the he77 was going on, for ICA protection as well as his own. I don't see this to be as big as Baez is portraying it..but His Honor has to make a decision and he will not take it lightly. I have faith in Judge Perry...JMHO

Justice for Caylee

 

[TotallyObsessed]

^ Not to mention the statements issued by the DHR people during their interviews with KC/Cindy which bolster the story of the nanny, etc. IMO plenty of other ways for the imaginanny to come in.
I think the only thing that will be tossed is KC's written statement and tape recorded statement during the Universal tour.

 

[2goldfish]

When YM said he never read her Miranda rights, i just figured he meant HE didn't read them to her, that Appy or John Allen did. I know someone there did.

I thought he said "we never did". he also pointed out that she was not questioned after the arrest therefore there was no miranda warning.

 

[Turnadot]

Gotta say, I commend their hard work and patience when dealing with KC. Because if it were me, I'd have been pimp-slapping her around and screaming, 'Where's your baby, biatch!'

 

[LancelotLink]

Does anyone know where I can locate video from Dep. Eberlin testimony?

 

[strach304]

After watching the entire hearing for 2.5 days, I have to say that I think the Universal Studios questioning will be tossed to the curb. She had lied to cops at that point, and could have been easily arresed for OOJ. She wasn't. Instead, she was escorted to a conference room (which would give me the impression that I couldn't leave). ICA knew she was in deep-doo-doo.

I wish they would have mirandized her then -- the whole right to remain silent.

Other than that, I think the reporting night events will come into play. And her written statement as well where she talks about z-t-n.

In any case, I don't think we'll lose much. I trust the judge may throw each side a bone and split it -- but JB isn't going to get everything he wants tossed - tossed.

MOO

Mel

They may as well have for as much useful info as they got from her. Of course they didn't know that then and it's especially understandable to me after hearing Yuri testify that he just couldn't understand why a mother of a missing child was lying to them. It was way too soon for them to come to the conclusion that she had murdered her for that reasoning.

 

[Melanie]

^ Not to mention the statements issued by the DHR people during their interviews with KC/Cindy which bolster the story of the nanny, etc. IMO plenty of other ways for the imaginanny to come in.
I think the only thing that will be tossed is KC's written statement and tape recorded statement during the Universal tour.

Oh, you're going a step farther than I am I don't think her written statement will be tossed, as it was written round the same time as George, Cindy and Lee's. My thoughts are focused on verbal statements, but if her written stagement is removed, I might just toss my cookies!

MOO

Mel

 

[NoNameLeft]

Does anyone know where I can locate video from Dep. Eberlin testimony?

Sure LL Cool Chimp Here you go:

[ame]http://www.youtube.com/watch?v=My0QRNsKCWI[/ame]
[ame]http://www.youtube.com/watch?v=Ky6kX_Ok9f4[/ame]
[ame]http://www.youtube.com/watch?v=8f4wQZNA7Ek[/ame]

 

[chefmom]

My initial reaction and thoughts were that the 911 statement and her written statement taken at the home would come in and the Universal stuff would be tossed. Sort of a Solomon splitting the baby as so many have suggested. But after a couple of days of mulling it over, I think it is possible that HHJP MAY just allow the Universal trip in. Our helpful, always appreciated, and much loved attorneys posting here have said that what would constitute her being "under arrest" with the handcuffing incident would be if a "normal person" would have felt they were free to leave or not, not whether LE stated that they were under arrest. I can't help but feel that LE SHOULD be afforded that same principle and under the circumstances consider what would they have expected from a "normal person" who was reporting their child missing. They would EXPECT that a "normal" mother of a missing child would be helpful and give them all information readily available in order to find her child. What KC did was the complete opposite. I don't think it is fair to LE if they are expected to make immediate assumptions in this case. It had been stated by KC that this was just a tiff between her and CA because CA was trying to take her child from her. I would think that that would make them assume that KC was simply hiding Caylee from her and then they merely wanted to confirm the child was safe. Any investigation done afterwards was to confirm what they were being told, and when it was found to be lies, they then had to figure out why she was lying. Even if everything gets tossed, they still have that last 911 call that states enough of the lies and story to get her the needle. I just think it will be a travesty for it all to just go away. Remember HHJP! This all started with a report of a stolen vehicle. That rookie officer was acting in good faith. MOO.

 

[passionflower]

Le is smart, they know exctly when to use the Miranda.........

 

[gamom]

I think he will appeal no matter what.

And as much as I hate to say it, he should. He has no chance to get her off other than delay, delay, appeal, appeal, and hope to just try everyone's patience. In the end, it won't save KC.

 

[Bee Charmer]

If Judge Perry keeps out the Universal interview I will be :rage:

I know that much of the information revealed, can be found in other statements by KC, but I believe this jury needs to hear her laughing and conning the Detectives searching for Caylee, for themselves.

I will not be a happy camper if this critical evidence is hidden from the jury.

 

[Turnadot]

Well, IIRC, if KC gets the needle an appeal is automatic.

 

[cloud9]

All of you are really good at this. I could be wrong, usually am :floorlaugh:, BUT would there be a trial if she was not read her Miranda Rights? In other words, I do believe she was at some point. JMO
Thank you!

 

[gamom]

If Judge Perry keeps out the Universal interview I will be :rage:

I know that much of the information revealed, can be found in other statements by KC, but I believe this jury needs to hear her laughing and conning the Detectives searching for Caylee, for themselves.

I will not be a happy camper if this critical evidence is hidden from the jury.

Hopefully the judge will listen to the tapes and see that she was laughing, etc. What normal person who thought they were under arrest would be laughing like that?

 

[chefmom]

All of you are really good at this. I could be wrong, usually am :floorlaugh:, BUT would there be a trial if she was not read her Miranda Rights? In other words, I do believe she was at some point. JMO
Thank you!

I think there IS going to be a trial regardless. I am sure she was read her rights at some point. JB is simply trying to unring a bell before it happened. But the bell he is trying to unring is named Liberty and this Lady is ringing for Caylee Marie. JMO.

 

[cloud9]

I think there IS going to be a trial regardless. I am sure she was read her rights at some point. JB is simply trying to unring a bell before it happened. But the bell he is trying to unring is named Liberty and this Lady is ringing for Caylee Marie. JMO.

Thank you!

 

[cloud9]

Going back and listening to JA at this hearing shows that the state is prepared!!! Start at the 2 minute mark.


[ame]http://www.youtube.com/watch?v=U9UECWMtKeA[/ame]