2011.03.02 Motions Hearing - #1 (AM)

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Hee, I can see KB in the hallway, pinning CM down, he is standing holding the door open waiting for his team with a pained expression... LOL
 
This is interesting testimony. Now that we're off to a lunch break - how does this impact the case. IF the deputy put the cuffs on her with the "intent" to arrest, without reading her miranda rights, is that a major s-up? From what I heard he was not cuffing her for his own protection, and only uncuffed her when his supervisor told him so. I have lots of family in LE (and of course being here helps as well), but IMHO, this testimony does not bode well for the State.

Put all thoughts about ICA aside, and look at it from any person being about to be arrested. Would you think if handcuffs were being put on you, were you being arrested? And, if so, why were you not read your rights.

Thoughts?

Mel
 
I missed something about the handcuffing. Wasn't she handcuffed initially for the stolen car report ?
OK, after reading, the issue was that she wasn't read her miranda rights. Correct ?
 
I missed the whole GA stuff...my friends have the best timing for their lives to fall apart.

I guess I'll try to catch up later.
 
OK this is so frushtrating. I cannot get a live link to work, my work laptop won't let me clear my cache, and WS is so busy it takes minutes to refresh.
 
MD MOMMY said:
Too bad ICA doesn't get to go to Panera with the rest of her boys for lunch.
Click to expand...


Kathi Belich gets a hot lunch and fresh air, Casey gets a jail cell environment and baloney.

Sweet, sweet justice. We have to be grateful for the little things. :)
 
LiveLaughLuv said:
She wasn't under arrest at that point so no need for miranda warning...he was told probably by CA that ICA stole her vehicle...she was only in handcuffs for what, 30 seconds??? How incredible for the defense to focus on that when that was CA"s command...foolish, indeed...break until 1:30..
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In a text to Tony in the wee hours of the morning, she said she was cuffed and made to sit in the back of a police car for almost 10 minutes.
 
This is interesting testimony. Now that we're off to a lunch break - how does this impact the case. IF the deputy put the cuffs on her with the "intent" to arrest, without reading her miranda rights, is that a major s-up? From what I heard he was not cuffing her for his own protection, and only uncuffed her when his supervisor told him so. I have lots of family in LE (and of course being here helps as well), but IMHO, this testimony does not bode well for the State.

Put all thoughts about ICA aside, and look at it from any person being about to be arrested. Would you think if handcuffs were being put on you, were you being arrested? And, if so, why were you not read your rights.

Thoughts?

Mel
 
sleutherontheside said:
Bet ya JB is not happy to hear it is going to 5 today. Last week JP said they needed to end at 3:30. He was probably counting on getting out early after having to put in all those Saturday hours.

Wonder if he pays himself slave wages at time and a half??
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Going to 5 today? Is In Session cutting out at 3 or will they stay on?
 
MD MOMMY said:
ACK...he handcuffed her. Not good news.
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He did indeed as he was sent there as a Stolen Car call, and assumed she was going to be taken in...Miranda is only necessary when being questioned following an arrest???...She was never arrested for Stolen Car as cufffs were removed when advised this case was about a missing child.....Cuffs off..no arrest, no questioning regarding the stolen vehicle then..

Anyway, I think Judge Perry will see right thru what the defense is trying to allege here~~
 
strawberry said:
OK this is so frushtrating. I cannot get a live link to work, my work laptop won't let me clear my cache, and WS is so busy it takes minutes to refresh.
Click to expand...

log all the way out - are you running IE or something else?

the fox link is A-OK for me too - so far most reliable
 
LyndyLoo said:
I do recall that this officer testifying that the reason he was sent to the address regarding a Stolen Vehicle...and removed them when told that this was a case of a missing child, possible kidnapping or something like that....
So I assume no meranda was necessary then...
Click to expand...

Yes - adding, when we did a timeline of the 911 calls we discovered that the responding officer got to the house while Cindy was still on the phone w/ the 911 operator on the final call and had just uttered the, "Smells like..." to her. Worked out that the responding officer(s) (e.g. Ryan, et.al.) very unlikely would have had time to get word from dispatch about that dramatic change in conditions @ the scene. IIRC, the utterance came about the time LEO's were pulling onto Suburban Dr.

FWIW, HTH.
 
I understood that many suspects/POI's are taken in handcuffs to be questioned further and it is before questioning that they are read or asked to sign consent.
 
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