Quoted from motion
The requirements for an excited utterance as interpreted by Florida Courts are:
1) The declarant must have experienced or witnessed an event startling enough to cause nervous excitement.
2) The statement must have been made while under stress caused by the event
3) Statements must have been made before there was time to contrive or misrepresent
Factors a judge should consider to determine whether the necessary excitement or stress is present are the age of the declarant, the physical and mental condition of the declarant, the characteristics of the event an the subject matter of the statement
Cynthia Anthony is not a child, in good physical and mental health, and even though she found out upsetting news, the subject matter of the calls are things she had been dealing with for some time. The same considerations are true for Casey Anthony, and though she is younger, she was not in danger of any physical harm at the time of making the call and calmly explained the events to the 911 operator
In addition, the statement in the 911 calls do not meet all three requirements for an excited utterance, namely the second and third requirements. Cynthia Anthony was still not under the stress of her car being stolen or her granddaughter going missing. Her car had been returned and her granddaughter had not been staying at the house for thirty-one days.
Furthermore, there is a significant amount of time between the two calls, giving Cynthia Anthony time to reflect and regain her composure before calling again to supplement the first call. Time also could have passed between the moment that Casey Anthony informed her mother that the child had been missing for thirty-one days at the moment 911 was called. There is no evidence that Cynthia Anthony was under stress of a startling event
Wow! Wow! Wow! They have got to be kidding me!
1) I don't know what falls under a startling event moreso than just finding out that your two-year-old granddaughter, who can not fend for herself, has been kidnapped... not today, not yesterday, not last week but 31 DAYS ago.
2) Everything Cindy said during that final 911 call was made while under the stress of finding out her granddaughter is missing. Gone.
3) If I remember correctly the final 911 call was made after Casey finally admitted to Lee that Caylee had been kidnapped. The other 911 calls, Casey hadn't admitted this little piece of information. So, Cindy did not have time to contrive (plot) or misrepresent (distort) her words.
Is anyone really upset how they continue to call the kidnapping (murder) of Caylee an "event?" "The event."
I would like to hear what Cindy has to say about them implying that she knew for quite some time that Caylee had been kidnapped before making that final 911 call. That she waited long enough to plot and distort what she was going to say on that final 911 tape.
Also, saying that she was no longer under stress of... this kills me... her car being stolen or her granddaughter going missing. Saying she (Cindy) had been dealing with this "event" for some time. That Caylee had not been at the house in thirty-one days.
:furious:
I am not a lawyer but I can tell you that they will not get the 911 call thrown out.