If Miranda argument is upheld

[kwmred]

What I would like to know is if Jose doesn't get his way with this motion, and he appeals does the JAC have to pay for this?

 

[Dignity4Victims]

I thought I heard that too.

"Friday afternoon, the judge announced he will hold a hearing next week on a set of key remaining pretrial motions he heard arguments on this week. While Ninth Judicial Circuit Chief Judge Belvin Perry ruled on a handful of small motions Friday that the defense and prosecution argued on over three consecutive days, he has called another hearing for 2:00pm Monday. It is then that he is expected to rule on other motions that could affect the strategies both the defense and state will employ in the upcoming trial of Casey Anthony."



http://www.wftv.com/news/27077737/detail.html

 

[ThinkTank]

Looks like the Judge points Mason to a case that may help the Defense!

Mason tells Judge: I sent you a week ago a letter with bibliography of cases - not receive anything like that from the other side - I guess they are not obligated - so your team have some advance notice of the case law....

Judge tells Mason - unfortunately they (Judge's team) only go in direction I send them - but they tell you -- most of the research -- I do

Mason tells Judge - letter was addressed to you

Judge tells Mason - case - Parks vs State - 644 72nd - 4th Dist Ct Appeals 1994 - I would like your take on that case at some point - not today.

While LDBurdick was giving her argument, Baez sent Medina out to look up something about the Parks case and Medina brought it back in, and Mason read the case while Burdick was speaking. Then, Mason proudly tells the Judge, in rebuttal, that thanks to folks with electronic gadgets, he read the Parks case. Baez acts like he has a delicious secret - a GOTCHA moment.

Mason tells Judge - you asked me about Parks case - nice thing about these folks with these little electronic gadgets ... I just read that case - well that gentleman was handcuffed and shackled, and then when they realized something was wrong they released him, told him specifically you are now free to go, and advised him of his Miranda warning rights. that's a whole bunch different than what we have here.

So, maybe this gives us an indication of how the Judge is going to rule on the Miranda issues?

http://www.wftv.com/video/27110723/index.html
(9:31)

 

[Gnatcatcher]

I dont' think I've ever seen the picture being referred to in this thread, where Casey is smiling before being arrested.

 

[Turnadot]

Looks like the Judge points Mason to a case that may help the Defense!

My opinion is that wasn't HHJP's intention at all because the conclusion of that case was:

Parks v. State, 644 So. 2d 106

From the decision:

"The evidence shows appellant freely and voluntarily gave his statement to police. Even if the police lacked probable cause for the arrest on the unrelated charge, the fact appellant was released from custody and voluntarily remained to answer questions breaks the causal link between the arrest and his making of the incriminating statements to police."

And here's AZlawyer's post on the subject, though IIRC she explained this before:
[ame="http://www.websleuths.com/forums/showpost.php?p=6194405&postcount=1003"]Websleuths Crime Sleuthing Community - View Single Post - 2011.03.07 Motions Hearing[/ame]

 

[Pattymarie]

I am not a legal mind, but I do like watching all the shows that are (Law & Order, The Closer, Mentalist, etc)

I have a question....these shows depict people coming in for questioning all the time. They go into interrogation rooms.

They get questioned. When the questioning starts to uncover evidence, the witness suddenly realizes that they may be a "person of interest" and/or suspect and states "I want a lawyer" Happens practically every show.

Witnesses who start to become suspicious aren't Mirandized immediately are they?

I just don't get this.

 

[Turnadot]

I'm not a legal mind either, Patty, but I'll tell you this, it's 2011 where police procedure is a part of American culture via TV; true crime shows; First 48, Dateline, 48 Hours Mystery. Fictional TV; CSI, The Closer, Cold Case, etc.

I'm not even American and I can quote you guy's Miranda Warning verbatim and know I can assert my right to a lawyer any time!! So I think it's absurd to argue that KC is completely in the dark concerning LE and didn't know that she could stand up and say, 'I don't want to talk to you guys without a lawyer.'

Now, I don't think my opinion is a legal argument by any means, but an opinion from a "reasonable person" who found CM's assertion ridiculous, especially concerning KC whose father is former LE.

 

[2goldfish]

I also suspect the Universal interview wont make it to trial.


however, the state does not need it .... I suspect they only want it in, not because of what she says, but how she replies to what LE says. I'll never forget the first time I heard it, and I am about to listen to it again to refresh my memory, but my heavens was I stunned at how cold she was! but again it's only one example and if I were the defense I'd have (two years ago!) done whatever I could to be certain her first jail call home never got to see the light of jury cause that shows her state of mind even more than the Universal video. even if that was tossed, there is nothing on earth they can do to toss the 31 day delay. any that, my friends, is the rope that's going to hang her no matter what they have tossed.

 

[Turnadot]

The Universal Q&A would be nice to have, but, imo, the State doesn't need it because it's just a rehash of KC's bullshyte she tried to feed 911 and detective Melich at Hopespring Drive.

 

[LiveLaughLuv]

LDB mentioned, custodial interference and therefore not entitled to miranda...so hoping His Honor agrees with the State....JMHO

Justice for Caylee

But Assistant State Attorney Linda Drane Burdick countered that the suspect words should not be off limits, claiming she freely and voluntarily spoke with police and had not been detained. Early in the investigation, police were looking at a woman named Zenaida Gonzalez -- whom Anthony said was the girl's babysitter, a claim the woman later denied -- and not Anthony as the prime suspect in the girl's disappearance, according to the prosecution.

"In no way did Ms. Anthony, or would a reasonable person, believe that they were in custody during any point in time when she was giving statements to the Orange County sheriff's office," Burdick said Monday. "Not being subject to custodial interrogation, Ms. Anthony was not entitled to her Miranda rights."
http://edition.cnn.com/2011/CRIME/03/07/florida.anthony.hearing/index.html

 

[bananarama]

Very interesting to read the thread comments from March 6th. Several quoted ICA's statement of being arrested and an f-ing whim and whatdayaknow, LDB used it on live TV yesterday!
On another note, I am concerned with something from T Pippitone's video report yesterday:
"If the judge decides to keep Anthony's statements to investigators out of evidence because of Sheriff's Office misconduct, the state will likely have to drop four counts against her related to lying to deputies, or it could appeal the decision and further delay the trial."
I'm not sure if this is true, because they have so many other witnesses that will testify to her being a habitual liar. But it still concerns me.

 

[bananarama]

Something just dawned on me. The hearings from this past week were all about suppressing comments to OCSD. What about the interviews with the FBI? LOTS of good stuff in those interviews, too!

 

[marspiter]

LE can ask you questions with out giving you Miranda warnings so long as you are not under arrest or in "custody". Once you are arrested LE has to give you your Miranda warnings once you are in custody if they want to question you when you are in custody (well they could still question you, but it would be excluded in court). However if LE has no intention of questioning you once you are in custody they don't have to read you your Miranda rights. Just anything you say at that point would be excluded.

In think the misconception is that Miranda is "required" for LE to arrest someone. That is not true they can arrest you and never read you Miranda if they have no intention of questioning you or using your statements in court.

 

[miss plum]

Why do big scary policemen restrain tiny little girls in cars, who restrain tiny little girls in cars, to show tiny little girls that restraining tiny little girls in cars is bad?

 

[ThinkTank]

I dont' think I've ever seen the picture being referred to in this thread, where Casey is smiling before being arrested.

These are the photos which LDBurdick showed to Detective Melich when he was on the stand in the March 2, 2011 Hearing.
The big smile photo was taken at OCSO to put on missing child flyers. (she does not appear to be under duress of being arrested - she was not arrested at this time).

The arrested photo (arms behind her back in handcuffs) shows a jail visitor badge on Inmate Anthony's hoodie chest, which she received when they arrived at OCSO and she entered in the front door like any other visitor (who is not in custody).

Inmate Anthony grabbed Baez' arm as he was talking about these photos.

 

[ThinkTank]

Even when Inmate Anthony is actually arrested, she does not look too upset (scared, nervous, shocked, intimidated by LE) about it.

 

[logicalgirl]

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.

Yes, I also would like all the statements admitted. And now ICA has seen the result of her statements during the trip to Universal, I'm sure what she is writing and underlining over and over again,to her defense team, is yes, I was terrified, those detectives were really really scary and I didn't feel like I could leave there at all - poor poor pitiful me! How can they keep saying I wasn't in custody! Whaaaa! Make them stop.....

 

[logicalgirl]

Why do big scary policemen restrain tiny little girls in cars, who restrain tiny little girls in cars, to show tiny little girls that restraining tiny little girls in cars is bad?

And the poor little tiny girl was a 30 minute walk from home - such a long way. Don't y'all have cabs down there in Orlando? And if she had her cell, couldn't she have called one of her parents to pick her up if she wanted to leave? WTH?

 

[LiveLaughLuv]

http://orlandosentinel.image2.trb.com/orlnews/media/acrobat/2008-11/43228283.PDF


It appears, ICA was creating her own defense, right from the start. I just went over the CPS report, ZFG, all over it...CA suspects the reason no amber alert was due to LE thinking ICA was lying about what happened to Caylee...so CA answers this question herself...which is what GA is so angry over, no amber alert....are these people real??? How about the death of Caylee, or that her mother seemed not to care, since nothing truthful came out of her mouth. Which to me suggests, ICA had much to hide, which a jury will also see....O guess all the mistruths the Anthony's can't keep track of their statements...:maddening:JMHO

Justice for Caylee

 

[RubyB]

And the poor little tiny girl was a 30 minute walk from home - such a long way. Don't y'all have cabs down there in Orlando? And if she had her cell, couldn't she have called one of her parents to pick her up if she wanted to leave? WTH?

I'm pretty sure KC would have preferred being in LE's "custody" than in her parents "custody"! It's not like she had many options. She certainly couldn't seek refuge @ Tone's. :floorlaugh: