2011.01.04 Defense Motion to Suppress Casey's Statements to LE

[ThinkTank]

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

Quote:
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.

Seriously???!!! does he really believe that Inmate Anthony was trying to assist LE in finding out what happened to her daughter?????

 

[logicalgirl]

Quote:
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.

Seriously???!!! does he really believe that Inmate Anthony was trying to assist LE in finding out what happened to her daughter?????

ThinkTank, it will all make sense if you insert "normal" or "average" or even terrified between any and Mother. Hornsby is being VERY liberal with this statement. Very liberal.

 

[whiteangora]

Quote:
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.

Seriously???!!! does he really believe that Inmate Anthony was trying to assist LE in finding out what happened to her daughter?????

IF he does believe it maybe he's about to jump on the band wagon.

 

[AZlawyer]

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..?

Well, the whole point is whether she would reasonably have believed she was free to leave at that time.

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.

I can't find in the transcript where he said she was free to leave. He said the door was unlocked and closed for privacy only. If he indeed said, "You understand you're free to leave at any time?" and she said, "Yes," then the case for keeping this statement in evidence is better. But there is pretty much no "disclaimer" you can give that gives you a guaranteed "get-out-of-Miranda-rights-free" card.

When someone comes in for questioning at the police station , they are not given their miranda (sp?) rights. They are there on their own free will (able to leave at any time)

Wouldn't this be the same?

Casey fully admits to taking them to Universal in hopes of finding Caylee.

When someone comes in for questioning at a police station, sometimes they are free to leave at any time and are not given Miranda warnings. Sometimes, though, they are not free to leave and are given Miranda warnings. And sometimes they are not free to leave and are not given Miranda warnings and their statements are thrown out.

Let's say the defense does get the Universal interview thrown out. Can Yuri still testify about the reason they took her to Universal and the fact they walked down the hall until ICA stopped and said ok I don't work here?

Maybe, if she was not "in custody" until after that point (like when they went into the conference room and said, look, you're a liar and you know where your baby is). It's a close question. I'm happy to see that she wasn't brought to Universal in handcuffs (contrary to what CM said in court)--that will help the State's argument for keeping the statement in.

 

[AZlawyer]

Quote:
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.

Seriously???!!! does he really believe that Inmate Anthony was trying to assist LE in finding out what happened to her daughter?????

I'm pretty sure what he meant was that her statement should come in because, ASSUMING she was an innocent mother, she should reasonably have felt like she was helping them, rather than feeling like she was being interrogated and wasn't free to leave.

 

[logicalgirl]

IF he does believe it maybe he's about to jump on the band wagon.

Even if he knows better - I like it - :great: - it's a very pro-prosecution/LE statement and supports what the SA will say in the hearing.

 

[nums24]

Quote:
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.

Seriously???!!! does he really believe that Inmate Anthony was trying to assist LE in finding out what happened to her daughter?????

IMHO, I think he's just doing what lawyers do, try and have as much evidence tossed, file the motion for "the record" and hope that after she's convicted they find something to appeal.

It just amazes me how far they're reaching! I have yet to see the motion to have the entire car removed, I see that coming soon, they make me :sick:!

 

[logicalgirl]

IMHO, I think he's just doing what lawyers do, try and have as much evidence tossed, file the motion for "the record" and hope that after she's convicted they find something to appeal.

It just amazes me how far they're reaching! I have yet to see the motion to have the entire car removed, I see that coming soon, they make me :sick:!

I'm not understanding Nums24 - Hornsby's statement is very pro-LE and pro-prosecution - in other words, she was not in custody, was free to leave whenever she wanted, and she was simply assisting the LE with finding her live and missing child. Why so cross?

 

[AZlawyer]

I feel like that day the motion was filed to kick Judge Strickland off the case, and I said, "Well, now, that's not a terrible motion." And the beating commenced lol. :fight:

So look, all I'm saying is that it's not a terrible motion. Now, when I say something IS a terrible motion, you'll know that's my true and unbiased opinion.

I know KC is guilty and I want her to be convicted as much as anyone. But I have a congenital truthfulness problem, sort of the exact opposite of KC's problem. And in this case, IMO it makes very little difference whether this statement is in or out.

:whiteflag:

 

[JSR]

IMHO, I think he's just doing what lawyers do, try and have as much evidence tossed, file the motion for "the record" and hope that after she's convicted they find something to appeal.

It just amazes me how far they're reaching! I have yet to see the motion to have the entire car removed, I see that coming soon, they make me :sick:!

Hey if they could get away with it the Defense would try to get the ENTIRE REMAINS thrown out of evidence.

 

[nums24]

I'm not understanding Nums24 - Hornsby's statement is very pro-LE and pro-prosecution - in other words, she was not in custody, was free to leave whenever she wanted, and she was simply assisting the LE with finding her live and missing child. Why so cross?

I'm sorry if I came off cross, not my intention, I'm being worked to death at work, short on patience today. Please forgive :hug:

I did not mean this motion specifically, I was commenting in general terms. I agree with Hornsby, I'm just saying with all these insane/inane motions being filed by the defense, in JB's own way he "thinks" he's doing what needs to be done. Most attorneys will try and have much removed as possible, I experienced it first hand in the wrongful death suit I filed against my mother's doctor and hospital.

I am going to re-read the motion. My head was pounding and the advil has kicked in, made my :nerves: raw.

 

[logicalgirl]

I feel like that day the motion was filed to kick Judge Strickland off the case, and I said, "Well, now, that's not a terrible motion." And the beating commenced lol. :fight:

So look, all I'm saying is that it's not a terrible motion. Now, when I say something IS a terrible motion, you'll know that's my true and unbiased opinion.

I know KC is guilty and I want her to be convicted as much as anyone. But I have a congenital truthfulness problem, sort of the exact opposite of KC's problem. And in this case, IMO it makes very little difference whether this statement is in or out.

:whiteflag:

It may or may not get thrown out - I don't have enough legal expertise to give an opinion. :loser:

However, if you are going to put together an argument as a basis of a decision you want in your favor - it seems to me a tidy orderly progression of the facts might be in order. Ten minutes in a car 24 hours before (her story) does not an in custody trip to Universal make. Not when you haven't explained her complete freedom between the first and second days "trips" with LE.

I hope CM presents it - bound to be denied. :floorlaugh:

 

[LancelotLink]

Just wondering where CM is getting his facts and wish he could be a little more clear on his time. Who said she was handcuffed/arrested/seized and when ? If he is getting this from the text between casey and TL, that was made before she went on the Universal Tour.
Any ideas?

 

[Itsy]

I'm sorry if I came off cross, not my intention, I'm being worked to death at work, short on patience today. Please forgive :hug:

I did not mean this motion specifically, I was commenting in general terms. I agree with Hornsby, I'm just saying with all these insane/inane motions being filed by the defense, in JB's own way he "thinks" he's doing what needs to be done. Most attorneys will try and have much removed as possible, I experienced it first hand in the wrongful death suit I filed against my mother's doctor and hospital.

I am going to re-read the motion. My head was pounding and the advil has kicked in, made me a :nerves: raw.

I hear ya, nums...I am still working (2nd job at home), and running back & forth between here and my other desk. I'm going to go finish my work for the night & come back later. (darn people that want their W-2's this week! :banghead: )

Hope your headache is all gone soon. :blowkiss:

 

[logicalgirl]

I'm sorry if I came off cross, not my intention, I'm being worked to death at work, short on patience today. Please forgive :hug:

I did not mean this motion specifically, I was commenting in general terms. I agree with Hornsby, I'm just saying with all these insane/inane motions being filed by the defense, in JB's own way he "thinks" he's doing what needs to be done. Most attorneys will try and have much removed as possible, I experienced it first hand in the wrongful death suit I filed against my mother's doctor and hospital.

I am going to re-read the motion. My head was pounding and the advil has kicked in, made me a :nerves: raw.

Oh poor thing!! And you've been posting like a whirling dervish in Todays News also.

As much as I find them irritating - they are also pretty funny - and I want every possible avenue for appeal shot down in this court room.

Once that jail door clangs shut just after the guilty verdict, I hope to never hear of ICA again even less see her clanking smirking self sitting in another courtroom.

 

[JSR]

I feel like that day the motion was filed to kick Judge Strickland off the case, and I said, "Well, now, that's not a terrible motion." And the beating commenced lol. :fight:

So look, all I'm saying is that it's not a terrible motion. Now, when I say something IS a terrible motion, you'll know that's my true and unbiased opinion.

I know KC is guilty and I want her to be convicted as much as anyone. But I have a congenital truthfulness problem, sort of the exact opposite of KC's problem. And in this case, IMO it makes very little difference whether this statement is in or out.

:whiteflag:

Factually, AZ, you're spot on. But what concerns me is that reading and hearing others testify about Casey's propensity to lie is COMPLETELY different than hearing for yourself someone out and right lie their @$$ off, especially when it involves helping find your missing 2 year old daughter.

Case in point Scott Peterson. Once you heard 'ole Scotty boy lying his butt off saying he was what where France? on New Years while he was really at is pregnant wifes candlelight vigil you got much more of an idea of what Mr. Peterson was truly capable of.

I really want them to actually hear with their own ears Casey's vocal inflexion and nonchalant attitude while discussing her missing daughter that she neglected to report missing for 31 days.

 

[nums24]

Did CM file this because he wanted to demonstrate how much of the discovery he has not reviewed yet?

Is this a battle of egos/strategies between CM & JB? Why isn't JB's name on this motion at all?

He is asking people to believe that ICA was handcuffed on the night of 7/15/08 and then returned to her home by the police?

I do not see how this motion will be granted.

 

[LancelotLink]

Did CM file this because he wanted to demonstrate how much of the discovery he has not reviewed yet?

Is this a battle of egos/strategies between CM & JB? Why isn't JB's name on this motion at all?

He is asking people to believe that ICA was handcuffed on the night of 7/15/08 and then returned to her home by the police?

I do not see how this motion will be granted.

It will be interesting to watch.

 

[faefrost]

Oh we are not trying to jump on you AZ. You teach us so much. And yeah for this defense team this is definately one of the better motions. Something that could actually be argued with a chance of some success at least approaching 10% maybe.

Somehow at this point I don't think that the judge is going to go to far out on a limb to toss these statements. I think that his rather clear warning of "I am not afraid to try this case twice, so do not seek to take advantage" was a clear threat that he will not avoid any and all potential appellate concerns. If there is not some clear independent documentation of KC clearly in some state of custody I think he will err on the side of LE. Otherwise that "tripwire" of the defendant reasonably believes they are not free to go, could be way to easily exploited by every defense attorney on the planet. or am I missing something there? I mean doesn't there have to be something a little more to it than the defendant (especially such a verbose storyteller) claiming that "oh yeah I didn't think I was free to go when talking to the police"?

Now if she was in fact handcuffed at some point as claimed, yeah that would be a good reason to toss it all. But is there any indication of evidence of that that does not come exclusively from KC's mouth or originate with her? Are there any witnesses to her being cuffed and put in the police car? Is there dashcam footage of it from the car? Did any officers file any reports indicating that the suspect was restrained at any time? What exactly is the information or evidence backing up any claims of handcuffs or restraints? Or was KC simply projecting ahead knowing that she was going to be arrested? Knowing that it was coming, while even the officers around her had not reached that point yet?

 

[Dear Prudence]

If the Universal interview is disallowed I don't think it will have much of an impact on getting the murder conviction. But ICA is also charged with 4 counts of providing false information to LE. I would think the Universal trip goes a long way towards proving those charges. I guess it doesn't matter a whole lot in the end if she's found guilty of murder. But if she isn't, then those 4 charges become important in getting her more jail time.