If Miranda argument is upheld

[LolaMoon08]

Okay, this is my opinion....

We already have the 911 call. We have Casey, in her own words, stating that her daughter, Caylee Marie Anthony, had been taken by her "nanny" Zenaida Fernandez-Gonzalez. Oh, and she didn't report her missing, because it had been 31 days since the last time she saw Caylee.

The written statement... I really believe that Judge Perry will rule that this will be admitted. I can't remember all the testimony, but I believe the young deputy stated that she wrote this statement prior to being handcuffed.

Yuri Melich's audio statement with Casey... I believe that after the handcuffing, Casey did not believe she was under arrest and gave this statement freely. I believe it will be admitted, but even if it isn't, it isn't like everything she states in this audio isn't in her written statement. We also have to look at the fact that LE left Casey at the Anthony home... according to George's deposition, Casey got 2-3 hours of sleep in the comfort of her own bed at home.

The Universal interview - Since I do not believe that George or Cindy were told by Yuri Melich, John Allen, or the boogey-man himself, that Casey would not be coming back, I do believe that none of the detectives knew that they were going to arrest Casey when they went to Universal Studios. I think they simply wanted to get answers. I do believe Yuri when he said that he just couldn't believe that Casey was lying to him... that he must have gotten something wrong. Even with all his backround of being a detective... this was his first missing childs case. Poor guy!

When they took Casey into the room and talked to her... yes, she was being yelled at... she had lied. She took them all the way down to Universal Studios to look for a phone that she said would have these numbers to help find Caylee. She had been wasting crucial time in the search for Caylee... not that 31 days wasn't enough already.

I don't know whether detectives knew if they were going to arrest Casey when they took her to the Sheriffs Office. She was smiling, as evidence in the photograph. She didn't look distressed at all. I know they said they took her there in order to look at pictures of Zenaida Fernandez-Gonzalez. I'm thinking that after they all got together, at the Sheriffs Office, that they came to the decision to arrest her... and they did.

BUT... it has nothing to do with what detectives thought and when they thought them... from what I understand, it is what Casey felt and when she felt she could reasonably not be able to leave.

My problem with this is, I do think Casey thought she was going home. I don't think she had thought, for even a moment, that she wasn't going home until they did arrest her.

I don't have a problem with Judge Perry throwing the Universal interview out. It is mostly the detectives talking and we really learn nothing new from Casey herself, except she was telling the truth and she was a student a Valencia.

As long as detectives can tell a jury that Casey took them down that hallway and turned around and admitted that she didn't work there, then so be it.

But, I have a feeling, and I don't know why I have this feeling, that Judge Perry is going to allow the Universal Interview... and Casey has no one to blame but herself for smiling in the picture LE took of her at the Sheriffs office before she was even arrested. She didn't look like a woman that thought she was about to be arrested. She sure as heck didn't look like a woman who had just talked to detectives about her two-year-old baby being kidnapped.

I don't know? We will see?

 

[Dignity4Victims]

Okay, this is my opinion....

We already have the 911 call. We have Casey, in her own words, stating that her daughter, Caylee Marie Anthony, had been taken by her "nanny" Zenaida Fernandez-Gonzalez. Oh, and she didn't report her missing, because it had been 31 days since the last time she saw Caylee.

The written statement... I really believe that Judge Perry will rule that this will be admitted. I can't remember all the testimony, but I believe the young deputy stated that she wrote this statement prior to being handcuffed.

Yuri Melich's audio statement with Casey... I believe that after the handcuffing, Casey did not believe she was under arrest and gave this statement freely. I believe it will be admitted, but even if it isn't, it isn't like everything she states in this audio isn't in her written statement. We also have to look at the fact that LE left Casey at the Anthony home... according to George's deposition, Casey got 2-3 hours of sleep in the comfort of her own bed at home.

The Universal interview - Since I do not believe that George or Cindy were told by Yuri Melich, John Allen, or the boogey-man himself, that Casey would not be coming back, I do believe that none of the detectives knew that they were going to arrest Casey when they went to Universal Studios. I think they simply wanted to get answers. I do believe Yuri when he said that he just couldn't believe that Casey was lying to him... that he must have gotten something wrong. Even with all his backround of being a detective... this was his first missing childs case. Poor guy!

When they took Casey into the room and talked to her... yes, she was being yelled at... she had lied. She took them all the way down to Universal Studios to look for a phone that she said would have these numbers to help find Caylee. She had been wasting crucial time in the search for Caylee... not that 31 days wasn't enough already.

I don't know whether detectives knew if they were going to arrest Casey when they took her to the Sheriffs Office. She was smiling, as evidence in the photograph. She didn't look distressed at all. I know they said they took her there in order to look at pictures of Zenaida Fernandez-Gonzalez. I'm thinking that after they all got together, at the Sheriffs Office, that they came to the decision to arrest her... and they did.

BUT... it has nothing to do with what detectives thought and when they thought them... from what I understand, it is what Casey felt and when she felt she could reasonably not be able to leave.

My problem with this is, I do think Casey thought she was going home. I don't think she had thought, for even a moment, that she wasn't going home until they did arrest her.

I don't have a problem with Judge Perry throwing the Universal interview out. It is mostly the detectives talking and we really learn nothing new from Casey herself, except she was telling the truth and she was a student a Valencia.

As long as detectives can tell a jury that Casey took them down that hallway and turned around and admitted that she didn't work there, then so be it.

But, I have a feeling, and I don't know why I have this feeling, that Judge Perry is going to allow the Universal Interview... and Casey has no one to blame but herself for smiling in the picture LE took of her at the Sheriffs office before she was even arrested. She didn't look like a woman that thought she was about to be arrested. She sure as heck didn't look like a woman who had just talked to detectives about her two-year-old baby being kidnapped.

I don't know? We will see?

BBM
True, there were raised voices, BUT, LE also attempted to sympathize with Casey, so to speak, and very calmly give her other options to be truthful.

Your last few lines - it's amazing isn't it, Casey's demeanor in that picture? Do you think the Jury is going to view it any differently than we do, plain old wicked that the mother of a "missing" baby is smiling ear-to-ear while in the presence of LE, lying her butt off and playing cat/mouse games with them?
I think not. Just as it infuriates us, it will also infuriate that Jury because they, unlike Casey, are human beings with a soul.

FWIW, I don't see Judge Perry granting the Defense Motion on the Miranda issue. Casey's very own family took care of that.

 

[costalpilot]

I've researched the requirement a bit, and "taken into custody"and "free to leave" and " "what a reasonable person would understand" seem to be the important considerations.

I'm sure they read her b4 they locked her up.

Thanks for the input. Sorry for the misspellings and typos in my posts. I was using an Iphone at night. I drown my mac recently.

 

[chefmom]

Okay, this is my opinion....

We already have the 911 call. We have Casey, in her own words, stating that her daughter, Caylee Marie Anthony, had been taken by her "nanny" Zenaida Fernandez-Gonzalez. Oh, and she didn't report her missing, because it had been 31 days since the last time she saw Caylee.

The written statement... I really believe that Judge Perry will rule that this will be admitted. I can't remember all the testimony, but I believe the young deputy stated that she wrote this statement prior to being handcuffed.

Yuri Melich's audio statement with Casey... I believe that after the handcuffing, Casey did not believe she was under arrest and gave this statement freely. I believe it will be admitted, but even if it isn't, it isn't like everything she states in this audio isn't in her written statement. We also have to look at the fact that LE left Casey at the Anthony home... according to George's deposition, Casey got 2-3 hours of sleep in the comfort of her own bed at home.

The Universal interview - Since I do not believe that George or Cindy were told by Yuri Melich, John Allen, or the boogey-man himself, that Casey would not be coming back, I do believe that none of the detectives knew that they were going to arrest Casey when they went to Universal Studios. I think they simply wanted to get answers. I do believe Yuri when he said that he just couldn't believe that Casey was lying to him... that he must have gotten something wrong. Even with all his backround of being a detective... this was his first missing childs case. Poor guy!

When they took Casey into the room and talked to her... yes, she was being yelled at... she had lied. She took them all the way down to Universal Studios to look for a phone that she said would have these numbers to help find Caylee. She had been wasting crucial time in the search for Caylee... not that 31 days wasn't enough already.

I don't know whether detectives knew if they were going to arrest Casey when they took her to the Sheriffs Office. She was smiling, as evidence in the photograph. She didn't look distressed at all. I know they said they took her there in order to look at pictures of Zenaida Fernandez-Gonzalez. I'm thinking that after they all got together, at the Sheriffs Office, that they came to the decision to arrest her... and they did.

BUT... it has nothing to do with what detectives thought and when they thought them... from what I understand, it is what Casey felt and when she felt she could reasonably not be able to leave.

My problem with this is, I do think Casey thought she was going home. I don't think she had thought, for even a moment, that she wasn't going home until they did arrest her.

I don't have a problem with Judge Perry throwing the Universal interview out. It is mostly the detectives talking and we really learn nothing new from Casey herself, except she was telling the truth and she was a student a Valencia.

As long as detectives can tell a jury that Casey took them down that hallway and turned around and admitted that she didn't work there, then so be it.

But, I have a feeling, and I don't know why I have this feeling, that Judge Perry is going to allow the Universal Interview... and Casey has no one to blame but herself for smiling in the picture LE took of her at the Sheriffs office before she was even arrested. She didn't look like a woman that thought she was about to be arrested. She sure as heck didn't look like a woman who had just talked to detectives about her two-year-old baby being kidnapped.

I don't know? We will see?

BBM

And she did state that she was arrested on an effing whim, so clearly she thought she would be back in her room that night texting away! I am with you on thinking there's a possibility that Universal is coming in. I'm sure HHJP has some discretion and knows enough law to find something that upholds his decisions.

 

[cloud9]

BBM
True, there were raised voices, BUT, LE also attempted to sympathize with Casey, so to speak, and very calmly give her other options to be truthful.

Your last few lines - it's amazing isn't it, Casey's demeanor in that picture? Do you think the Jury is going to view it any differently than we do, plain old wicked that the mother of a "missing" baby is smiling ear-to-ear while in the presence of LE, lying her butt off and playing cat/mouse games with them?
I think not. Just as it infuriates us, it will also infuriate that Jury because they, unlike Casey, are human beings with a soul.

FWIW, I don't see Judge Perry granting the Defense Motion on the Miranda issue. Casey's very own family took care of that.

Exactly! They were truly trying to help find Caylee and help ICA!!! I remember them telling her that if there had been some accident as far as Caylee, she could tell them and she would not be in any trouble.

 

[ynotdivein]

BBM

And she did state that she was arrested on an effing whim, so clearly she thought she would be back in her room that night texting away! I am with you on thinking there's a possibility that Universal is coming in. I'm sure HHJP has some discretion and knows enough law to find something that upholds his decisions.

chefmom, when did she say that? That may be a good indicator as to when KC first thought/believed that she was NOT "free to leave at any time" as the detectives kept saying in the room at Universal. She's street-savvy and IMO is now playing up through her lawyers the "I was sooooo intimidated by all the vewwy vewwy big men in the woom" side. But mark my words that girl knew exactly when she was and was not free to leave.

IMO, whatever HHJP decides about the admissibility of her statements post-handcuffing, I am not worried, as the rest of the evidence will fill in everything a jury needs to know.

 

[ecs5298]

chefmom, when did she say that? That may be a good indicator as to when KC first thought/believed that she was NOT "free to leave at any time" as the detectives kept saying in the room at Universal. She's street-savvy and IMO is now playing up through her lawyers the "I was sooooo intimidated by all the vewwy vewwy big men in the woom" side. But mark my words that girl knew exactly when she was and was not free to leave.

IMO, whatever HHJP decides about the admissibility of her statements post-handcuffing, I am not worried, as the rest of the evidence will fill in everything a jury needs to know.

I'm not Cheffie but I can answer that!:innocent:

I think that was during the infamous call home where she wanted TL's phone number. There were so many stellar moments in that phone call it's hard to keep track of them!

 

[luv]

I'm not Cheffie but I can answer that!:innocent:

I think that was during the infamous call home where she wanted TL's phone number. There were so many stellar moments in that phone call it's hard to keep track of them!

@ about 3:58 mark
Pt1 Full Phone Call Between Casey and Cindy Anthony - 10 Minute Jailhouse Call Part 1

[ame]http://www.youtube.com/watch?v=3RI15oQbAh4[/ame]

 

[ZsaZsa]

When is HHJP expected to rule on these motions?

 

[Numbers]

When is HHJP expected to rule on these motions?

Don't take this to the bank, but I ~think~ he said something about Friday. Sims might file an additional something Monday, Ashton said he'd respond by Tuesday, mumblemumblemumble Friday.

 

[redkatrampant]

I'm not Cheffie but I can answer that!:innocent:

I think that was during the infamous call home where she wanted TL's phone number. There were so many stellar moments in that phone call it's hard to keep track of them!

Beat me to it! She STILL probably thinks she was arrested on a whim. Casey, thy name is Denial.

@ about 3:58 mark
Pt1 Full Phone Call Between Casey and Cindy Anthony - 10 Minute Jailhouse Call Part 1

http://www.youtube.com/watch?v=3RI15oQbAh4

Thanks button was not enough.

 

[chakti]

I just read in the George thread that HHJP was the judge in the grand jury.

Think he heard about this all back then?

I bet not !!!

Plus I bet he has read everything we have and seen all the tapes.

 

[LyndyLoo]

This is my rationale just why Judge Perry wont disallow Casey's words in this time frame July 15-July whatevers....

First her handcuffing lasted a few minutes under the accusations of Gandma Cindy of Soten Car and Credit Card thefts..showing documentation...

Second..After LE learned of missing child..they asked mommy Casey, what is going on and where is Caylee?..Answer..She is fine and Grandma Cindy is trying to take away her baby..Casey said she had talked to the Ghost baby SItter that day..and Caylee was fine..."Much ado About Nothing"llLOL

Third...She talked willingly to Det. and agreed to take them to where she last saw Caylee with Zanny...Yikes..LOL

Fourth..All the contact names she gave and job info she was willing to take them there..therefore "Trip to Universal"..COurse we all know how that turned out :floorlaugh:

Fifth...Casey cooperated with LE believing she could fool them and redirect ..but didnt work..and her lies upon lies kept smacking her....Its not a wonder the Investigators looking for missing baby (Caylee) were incredulous on just WHY would Mommy Dearest Lie about this???

Bottomline..The adventures to addresses of Zanny then the Univeral Studio Lot will indeed come in..at no point did Casey invoke her privelege..SHE REALLY THOUGHT she would get away with this :floorlaugh:..Hey..She has no doubt got away with so much with Cindy and George by pushing the limits...Casey met her match with these LE Detective..Caylee was their focus..hang the family dysfunction as that point :banghead:

Hopefully Judge Perry will rule on Monday (tomorrow) on this...as I cant see any reason what this manipulator said back then being disallowed :crazy: and far as Cindy's words..I cant image anything she every said being disallowed :loser:

 

[chefmom]

@ about 3:58 mark
Pt1 Full Phone Call Between Casey and Cindy Anthony - 10 Minute Jailhouse Call Part 1

http://www.youtube.com/watch?v=3RI15oQbAh4

Yes! This one! The one where she makes the "arrested on a fu@%ing whim" and the "All they want is Caylee back" comments! I PRAY that the jury gets to hear this one! This and 31 days = DP for KC!

 

[SoCalSleuth]

Would love to add my two cents on what's coming in or going out. But I can't. Still swooning over YM's testimony. Sheesh, feel like a 12 year old.

 

[Zoe Bogart]

I would think the only things that could be inadmissible would be what she said when she was handcuffed and inside the police car after her mother insist she be arrested. After the handcuff/car moments, she was released from the cuffs and brought back into the house. Her own parents said she wasn't being restrained by LE at that time. Of course, I truly believe ALL of it should be admissible.

Then LE and Casey left the house and SHE brought them on a merry chase, directing them the whole way. It was only after all that did they cuff her again and finally arrest her. Surely they must have recited those Miranda rights at that point. I mean, which officer would forget that? That has to be a big highlight of an arrest and an automatic thing to do these days. Cuffs on hands, "you have the right...." Has to be automatic by now, dontya think?

Frankly though, with mommy yelling, "Arrest her, arrest her", I would think circumstances could warrant an exception. LE must have been shocked to hear that from her mother. Exceptional circumstances. After all, they didn't drag her in right then anyway. So what's the deal? She was legally arrested later (not on car and credit card theft) after they had more facts to go on and she was arrested for something totally different than what mommy was yelling for her to be arrested on.

After all is said and done, Cindy was the instigator (she called 911) and Casey was the leader of the pack (she lead LE all over town, on her own, without handcuffs restraining her).

 

[Dignity4Victims]

Don't take this to the bank, but I ~think~ he said something about Friday. Sims might file an additional something Monday, Ashton said he'd respond by Tuesday, mumblemumblemumble Friday.

Really? I thought it was during Monday's Hearing, no?

Then what is Monday's Hearing all about, please? Anyone?

 

[ynotdivein]

I dunno. Maybe Ive been reading too much in the lawyer threads, but they seem to think that there's a much wider latitude given for when a person may feel themselves to "be in custody". When KC was in the Universal studios room with the detectives, even though they repeatedly said she could walk out at any time, she was in the room with LE and "a reasonable person" may have felt she could not walk away at that point (this is "a reasonable person" not KC in that moment). The door was closed. She was more than say a 30 minute walk from home. She had been cuffed--and yes, released--the night before.

My money (if I had any) would be on no Universal statements admitted. Just because HHJP wants to be on the safe side.

 

[LolaMoon08]

Really? I thought it was during Monday's Hearing, no?

Then what is Monday's Hearing all about, please? Anyone?

I don't think they are finished with the motion to suppress Casey's statements to Cindy, George, Lee, Maya, Silvia Hernandez and Robyn Adams?

 

[cloud9]

Really? I thought it was during Monday's Hearing, no?

Then what is Monday's Hearing all about, please? Anyone?

I thought I heard that too.