2011.01.04 Defense Motion to Suppress Casey's Statements to LE

[The World According]

From her texts with Tony that morning at roughly 7 AM, I do not get the impression she felt at that moment that she was in custody. She does mention being handcuffed at one point for nearly 10 minutes and sitting in the back of the police car, but by the time the texts are exchanged she is back at home - without the police - and has had the opportunity to shower.

That motion is wrong on the facts, wrong on the law as usual, led balloon, imo.

 

[logicalgirl]

I don't remember Casey being handcuffed either? She was handcuffed when she was arrested on October 14th, 2008 (indicted) and taken in a room and she talked with LE for a few minutes, but they already knew she had invoked her right to counsel, so anything she said in that room couldn't be used anyways... maybe CM is thinking about that video?

Just listened to the first interview at the Anthony home and the detective asks Casey

- You understand you are being recorded?
Casey - Yes.
-Any objections to that?
Casey - No.

At the end of the interview, the detective asks Casey to raise her hand and swear and affirm that everything she just told him was the truth. Casey replied "Yes."

Haven't gotten to the Universal interview, but I have to work soon. I will get to it later.

Was that the glasses, hair stroking, white blouse tucking interview? Because she may have had handcuffs on before she got into the room, but she sure wasn't wearing any in there.

 

[Dignity4Victims]

I should add, too, that while she may have been handcuffed briefly at one point that night (almost ten minutes), she was with the police an awful long time driving around looking at apartment complexes during not one but two separate excursions, and not in handcuffs during either trip. Then she was dropped at home, and the police did not stay. So certainly prior to any trip to Universal, she could not claim she was in custody.

This is part of a post I just put on "AZ's thread", still waiting for an answer as to why Universal would be viewed as anything different.

"In the audio tapes from the Universal 'chat' with Casey, LE makes it clear that she knows that she is being recorded, "the door is figuratively "open" but closed just for privacy, and she is free to leave at any time".

More importantly, Casey agreed that she understood that she was not being 'held' against her will, and would continue to speak with them.

 

[LancelotLink]

Per the above motion, Casey was "confronted" by Orange Co. Sheriff's Dept. at her parent's home, then handcuffed and arrested.

Using the word "confronted" when actually LE was called to the residence, via several 911 calls, is a stretch.

I noticed how they try to make it sound like the big burly, armed detectives pounded her into the dirt!!
Confronted. confrontation, handcuffing/arrest/seizure, unlawfully seized...good grief! The poor little waif was in peril. Even guarded by the security guard at Universal.
Yep. This will be a hoot!

 

[LancelotLink]

This is part of a post I just put on "AZ's thread", still waiting for an answer as to why Universal would be viewed as anything different.

"In the audio tapes from the Universal 'chat' with Casey, LE makes it clear that she knows that she is being recorded, "the door is figuratively "open" but closed just for privacy, and she is free to leave at any time".

More importantly, Casey agreed that she understood that she was not being 'held' against her will, and would continue to speak with them.

Aha! But they want THAT thrown out as well!!

 

[AZlawyer]

From reading this motion, it looks like (1) they are trying to get the statements made at the house thrown out, as well as the statements made at Universal, and (2) the handcuffing was prior to the statements made at the house, and many many hours prior to the statements made at Universal.

IIRC Yuri's arrest affidavit made no mention of handcuffing, which is why we didn't know about it (except from Casey's text to Tony about the 10-minute handcuffing). So the handcuffing episode probably happened while the original officers were there. Would Casey reasonably have felt she was "in custody"--i.e., not free to go--while being questioned later by Yuri? I don't think so. I think she felt like she had matters well in hand at that point. But I don't know how much time had passed since the handcuffing, what explanation was provided for the handcuffing and/or for the removal of handcuffs, etc.

At Universal, though, I still tend to think she was "in custody" for the conference room interview, even if she was never handcuffed. I think Yuri and his partner knew that it would be a close question whether she was "in custody" or not, and that's why they made a big deal about the door being unlocked. Yuri had already told George that Casey might not be coming home, and does anyone really think he would have let her stand up and walk out of the building at that point, based on the evidence he already had against her?

IMO Yuri and his partner decided not to give Miranda warnings because they were hoping that they could get Casey to tell the truth. If they could, then they might not be able to use her statements against her, but they could still use whatever evidence they found based on following up on what she said. It was a strategic decision, and I'm not saying it was a bad strategy. It just didn't work, because it turned out that Casey was not just a scared young mother who made a mistake--she was a pathological and emotionless liar.

 

[LancelotLink]

Per the above motion, Casey was "confronted" by Orange Co. Sheriff's Dept. at her parent's home, then handcuffed and arrested.

Using the word "confronted" when actually LE was called to the residence, via several 911 calls, is a stretch.

And instead of saying she was leading them down a hallway to her fake phone on her fake desk, at her fake job, they say she was walking with them, talking with them.
I know this fairy tale. Down the rabbit hole we gooooooooo!

 

[LancelotLink]

Maybe she is confusing her playing around with TR's handcuffs instead...within every lie is a thread of the truth...

 

[2goldfish]

I don't remember Casey being handcuffed either? She was handcuffed when she was arrested on October 14th, 2008 (indicted) and taken in a room and she talked with LE for a few minutes, but they already knew she had invoked her right to counsel, so anything she said in that room couldn't be used anyways... maybe CM is thinking about that video?

Just listened to the first interview at the Anthony home and the detective asks Casey

- You understand you are being recorded?
Casey - Yes.
-Any objections to that?
Casey - No.

At the end of the interview, the detective asks Casey to raise her hand and swear and affirm that everything she just told him was the truth. Casey replied "Yes."

Haven't gotten to the Universal interview, but I have to work soon. I will get to it later.

have one of you dear people a link to that one? it's been a while but I dont recall that one, only the one at universal....TIA :innocent:

 

[JSR]

From reading this motion, it looks like (1) they are trying to get the statements made at the house thrown out, as well as the statements made at Universal, and (2) the handcuffing was prior to the statements made at the house, and many many hours prior to the statements made at Universal.

IIRC Yuri's arrest affidavit made no mention of handcuffing, which is why we didn't know about it (except from Casey's text to Tony about the 10-minute handcuffing). So the handcuffing episode probably happened while the original officers were there. Would Casey reasonably have felt she was "in custody"--i.e., not free to go--while being questioned later by Yuri? I don't think so. I think she felt like she had matters well in hand at that point. But I don't know how much time had passed since the handcuffing, what explanation was provided for the handcuffing and/or for the removal of handcuffs, etc.

At Universal, though, I still tend to think she was "in custody" for the conference room interview, even if she was never handcuffed. I think Yuri and his partner knew that it would be a close question whether she was "in custody" or not, and that's why they made a big deal about the door being unlocked. Yuri had already told George that Casey might not be coming home, and does anyone really think he would have let her stand up and walk out of the building at that point, based on the evidence he already had against her?

IMO Yuri and his partner decided not to give Miranda warnings because they were hoping that they could get Casey to tell the truth. If they could, then they might not be able to use her statements against her, but they could still use whatever evidence they found based on following up on what she said. It was a strategic decision, and I'm not saying it was a bad strategy. It just didn't work, because it turned out that Casey was not just a scared young mother who made a mistake--she was a pathological and emotionless liar.

Crap, that's what I thought they want all her statements thrown out. Damn.

 

[ZsaZsa]

From reading this motion, it looks like (1) they are trying to get the statements made at the house thrown out, as well as the statements made at Universal, and (2) the handcuffing was prior to the statements made at the house, and many many hours prior to the statements made at Universal.

IIRC Yuri's arrest affidavit made no mention of handcuffing, which is why we didn't know about it (except from Casey's text to Tony about the 10-minute handcuffing). So the handcuffing episode probably happened while the original officers were there. Would Casey reasonably have felt she was "in custody"--i.e., not free to go--while being questioned later by Yuri? I don't think so. I think she felt like she had matters well in hand at that point. But I don't know how much time had passed since the handcuffing, what explanation was provided for the handcuffing and/or for the removal of handcuffs, etc.

At Universal, though, I still tend to think she was "in custody" for the conference room interview, even if she was never handcuffed. I think Yuri and his partner knew that it would be a close question whether she was "in custody" or not, and that's why they made a big deal about the door being unlocked. Yuri had already told George that Casey might not be coming home, and does anyone really think he would have let her stand up and walk out of the building at that point, based on the evidence he already had against her?

IMO Yuri and his partner decided not to give Miranda warnings because they were hoping that they could get Casey to tell the truth. If they could, then they might not be able to use her statements against her, but they could still use whatever evidence they found based on following up on what she said. It was a strategic decision, and I'm not saying it was a bad strategy. It just didn't work, because it turned out that Casey was not just a scared young mother who made a mistake--she was a pathological and emotionless liar.

But surely the point is that ICA believed she was free to leave at that time. That's what she said she understood... right?
As soon as she was placed in custody and knew she was no longer free to leave, she got lawyered-up.. wouldn't she have been looking for an attorney before then, rather than carrying on with her BS stories under the impression that she was gonna talk her way out of this situation, if she believed she was actually in custody..?

 

[nums24]

Defense Wants Casey's Universal Trip With Detectives Tossed
Motion Argues Anthony Wasn't Read Miranda Rights

http://www.wesh.com/r/26367462/detail.html

Video Report: http://www.wesh.com/video/26368767/detail.html

Hornsby points out that at that point in the case, Anthony was still the mother of a missing child and was being interviewed by detectives as expected.

"She did what was expected of any mother whose daughter is missing, and that is try to assist them in finding out what may have happened to her daughter," Hornsby said.

 

[Dignity4Victims]

But surely the point is that ICA believed she was free to leave at that time. That's what she said she understood... right?
As soon as she was placed in custody and knew she was no longer free to leave, she got lawyered-up.. wouldn't she have been looking for an attorney before then, rather than carrying on with her BS stories under the impression that she was gonna talk her way out of this situation, if she believed she was actually in custody..?

BBM - that is exactly my point. Yuri didn't just "tell" Casey she was free to leave, allowing Yuri's statement to just 'hang in the air' unnoticed, Casey agreed that she knew she could leave at any time.

She can't agree to one thing then, and now cry foul about the very same issue.

 

[Dignity4Victims]

Defense Wants Casey's Universal Trip With Detectives Tossed
Motion Argues Anthony Wasn't Read Miranda Rights

http://www.wesh.com/r/26367462/detail.html

Video Report: http://www.wesh.com/video/26368767/detail.html

THANKS!, Mr. Hornsby, I couldn't agree more!

:gthanks:

 

[logicalgirl]

Defense Wants Casey's Universal Trip With Detectives Tossed
Motion Argues Anthony Wasn't Read Miranda Rights

http://www.wesh.com/r/26367462/detail.html

Video Report: http://www.wesh.com/video/26368767/detail.html

Oh good - I hope Mr. Hornsby will do his breeze through our site and drop a few comments.....

 

[LancelotLink]

Aww, does this mean they are trying to back away from the nanny did it?

 

[Dignity4Victims]

Aww, does this mean they are trying to back away from the nanny did it?

Of course they are, and to get back to Casey's attempt to now claim she was being held, there is also the issue that Casey herself told Yuri, -

"Because I brought you here, and because I lied."

No one forced her to go, no one forced her to stay.

 

[JSR]

Aww, does this mean they are trying to back away from the nanny did it?

Sure as hell looks like they're trying to get all the nanny statements out huh? Interesting. I hope it fails, and miserably.

 

[LancelotLink]

Oh HO!! The bond hearing testimony should clear this little misunderstanding right up.
JB: "She could have asked for a lawyer at any time, but she didn't."
YM: "She wasn't a suspect."

[ame]http://www.youtube.com/watch?v=DeLdTCOF2lM&NR=1[/ame]

 

[NoNameLeft]

<snip>
At Universal, though, I still tend to think she was "in custody" for the conference room interview, even if she was never handcuffed. I think Yuri and his partner knew that it would be a close question whether she was "in custody" or not, and that's why they made a big deal about the door being unlocked. Yuri had already told George that Casey might not be coming home, and does anyone really think he would have let her stand up and walk out of the building at that point, based on the evidence he already had against her?
<snip>

While I agree with you, they made that reference about the door being unlocked and being able to leave at any time to several people they interviewed. IIRC they advised Ricardo twice in one interview. So they could argue it is standard practice.