2011.06.03 Geraldo Rivera's statement on Fox & Friends

[1Chump]

For Miranda purposes, the questioning has to meet a four-prong test. One prong is the manner in which she was questioned but that leaves three others that have to be met before Miranda warnings are required. Judge Perry ruled that none of the statements or interviews she gave met the four-prong test and denied the DT motion to suppress them. You can read his ruling here.

http://www.wesh.com/pdf/27242107/detail.html

He explains clearly why he denied the motion.

Thanks for the link. All I can say is "wow."

 

[Tulessa]

Obviously "Jerry" doesn't have a life. He threatened to come to Florida and raise Hell. Well we seen how far he got with that. :innocent:

 

[MsFacetious]

It is not if she could get up and leave at any time. It is based on if she felt she was free to walk out at any time. Would a reasonable person feel that they could refuse to talk to the police and walk out of that conference room when they arrived in the back of the police car?

Also, the Fourth requirement for Miranda is if the statements were made in response to police conduct that constituted an interrogation. In Rhode Island v. Innis the Supreme Court defined interrogation as express questioning and "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect."

Again, I don't know why the Judge ruled the way he did but I am very surprised that was allowed in.

Terri Horman certainly felt comfortable walking out and not talking to police.

Though I don't know if I would call her "reasonable" I don't know that I would call Casey "reasonable" either. I would say they have a lot in common however.

Geraldo and JB are good buddies. JB needs the media spin and Geraldo needs something to sensationalize. Listening to the two of them is a waste . . . a huge waste.
:loser:

OMG... "a waste... a huge waste..."

I wonder when that phrase is going to be copyrighted?

Because that would be a waste... huge waste... :waitasec:

On the 1st day of ICA's trial, I heard/read somewhere that when JB departed the court house, Geraldo was waiting around the corner in his vehicle which JB got into; and they rode off into the sunset together.

No joke. (Well okay ... I did make up the part about the sunset but they did leave in Geraldo's car.)

Oh... that explains my dislike for them both. Though my dislike for Geraldo started back there with the map in the sand leading to the troops incident. If he hangs out with Jose, that explains even more. :innocent:

 

[AlwaysShocked]

Oh, Geraldo was an idiot long before the map in the sand incident. Which was just awful, by the way.

The Al Capone vault incident seemed to be the beginning of a long, down-hill slide for Geraldo in terms of him having any real credibility. With anyone, including fellow journalists. Well, actually I don't think actual journalists consider him to be a "fellow".

Geraldo would fit into Jose Baez's definition of "entertainer".

 

[faefrost]

This my first time starting a thread. If I did anything wrong, or if it doesn't fit or whatever, do what you will!

Did anyone hear Geraldo Rivera's assertion this morning on F&F that he believes that the police were treating ICA as a suspect when they were interrogating her and the fact that they didn't Mirandize her beforehand, will allow a conviction to be overturned?

What do you all think?

Aqua

What do I all think?

point 1. Geraldo has a long well established and disturbingly well documented history of being wrong. Really wrong. On top of that he is known as something of a lousy lawyer who hasn't seen the inside of a courtroom (unless he was being personally sued or divorced) in what 20? 30? years?. (why the hell do you think someone with his credentials spent so many years doing entertainment news and talk shows about transvestite nazi's?)

point 2. His Honor Judge Belvin Perry not only has a reputation for rarely being wrong, he in fact has one of the best appellate records of any trial judge in the nation. His decisions are always well founded, and he is almost never overturned when examined by the higher courts.

While it is possible that yeah Geraldo may get one right and Perry get one wrong... honestly I'm not gonna bet against the odds on this one.

 

[BiancaS]

Geraldo is giving me a headache with this nonsense. I just posted the following on his Facebook page (OMG Quotes, that must mean something!!!!)

"If you were not close friends with Jose Baez (we've seen the pictures on your boat), I might believe you really mean what you say. Your statements have been so obviously biased towards the defense that I cannot even read them any longer. You are not watching the same trial as I am...fortunately the jury is NOT swayed by a personal friendship with Jose Baez, and they will rule correctly. I won't be reading here any longer, I don't enjoy fiction."

 

[cecybeans]

And her OTHER brother TED BUNDY

and her "sistah from anothah muthah" Diane Downs, not to mention her LE "Uncle" Drew Peterson...

 

[animlzrule]

Just the fact that he is a mouthpiece for Fox raises huge red flags. Geraldo, there's a reason you are not a practicing attorney, and it's not just $$$. Whether in the end he is right or wrong, it is through no great insight on his part to be sure.

 

[AZlawyer]

Just thought I'd offer a little "fair and balanced" reporting:

1. Geraldo is a joke.
2. HHJP is an excellent judge and rarely makes mistakes.
3. As to the Universal tape, I think HHJP made a mistake. I think Casey was "in custody" at that time, based on the extremely broad interpretation of that phrase by the Florida appellate courts, and she was clearly being accused of wrongdoing by the detectives.
4. It is possible that the Florida Supreme Court will overturn any conviction based on this mistake.
5. It is also possible that the Florida Supreme Court will say that the mistake (if they find it to have been a mistake) was harmless error because everything of significance in the Universal tape was also contained in the other written statements from Casey, witness recollections of Casey's statements, and jail visit videos.

I'm crossing my fingers for #5.

 

[coco puff]

Are they supposed to read someone their rights just for ugly coping? Jose, are you saying that it was something else?

 

[Kat]

I didn't hear this particular comment from Geraldo but I was flipping through the channels the other night and heard him comment that if KC weren't white and if she weren't young then she wouldn't be facing the death penalty.

And I thought to myself---

IMHO Geraldo would make that argument about any race, he would interchange just to make his point. I really don't pay attention to Geraldo. After his expose back in the 70's early 80's of Willowbrook (which a documentary is available on Netflix and I highly recommend watching that!) he pretty much has not reclaimed his anticipated ability to bring light to certain human rights...which leads me to believe IMHO that the willowbrook expose fell into his lap and he got lucky. Otherwise he would have never really had the career he has had. Not bashing him just sharing my honest opinion.

I really don't put much weight in what he has to say because like another poster stated backthread he's in it for the attention of being controversial. Plain and simple to me. JMHO

 

[Sabrina2011]

Is Geraldo still on?

 

[Steely Dan]

Just thought I'd offer a little "fair and balanced" reporting:

1. Geraldo is a joke.
2. HHJP is an excellent judge and rarely makes mistakes.
3. As to the Universal tape, I think HHJP made a mistake. I think Casey was "in custody" at that time, based on the extremely broad interpretation of that phrase by the Florida appellate courts, and she was clearly being accused of wrongdoing by the detectives.
4. It is possible that the Florida Supreme Court will overturn any conviction based on this mistake.
5. It is also possible that the Florida Supreme Court will say that the mistake (if they find it to have been a mistake) was harmless error because everything of significance in the Universal tape was also contained in the other written statements from Casey, witness recollections of Casey's statements, and jail visit videos.

I'm crossing my fingers for #5.

I hope you're right about #5 but I don't see, in my layman's position, why they'd overturn it at all. LE was helping a mother find her child and 99.999999999999999999999999999% of the time the parent wants all of the attention they can give the police and they want things done fast! She kept saying the important thing is finding Caylee so I don't think the questioning was anything but related to that. They were frustrated with the paradox of logic she was displaying and trying to get her to tell the truth so they can save the child. If they overturn it, in my layman's opinion, LE could be held accountable for asking any questions of the parent of a missing child. I see this even with parents who's kids are missing and no parent is involved but may have seen the abduction and know who it is. JMO

As I said, I'm not a lawyer but does that make any sense AZ?

I didn't hear this particular comment from Geraldo but I was flipping through the channels the other night and heard him comment that if KC weren't white and if she weren't young then she wouldn't be facing the death penalty.

And I thought to myself---

IMHO Geraldo would make that argument about any race, he would interchange just to make his point. I really don't pay attention to Geraldo. After his expose back in the 70's early 80's of Willowbrook (which a documentary is available on Netflix and I highly recommend watching that!) he pretty much has not reclaimed his anticipated ability to bring light to certain human rights...which leads me to believe IMHO that the willowbrook expose fell into his lap and he got lucky. Otherwise he would have never really had the career he has had. Not bashing him just sharing my honest opinion.

I really don't put much weight in what he has to say because like another poster stated backthread he's in it for the attention of being controversial. Plain and simple to me. JMHO

BBM

:gasp: ARE YOU KIDDING ME! SERIOSLY!!

Yes, I think statistics bear out that young black and hispanic men are never put on trial with the death penalty on the table! :banghead:

 

[yllek]

At least three times (that I counted) when they played the Universal tape the detective working with Melich said, "you brought us here because you want us to help find your daughter, right?" and "you want to be here because you want to help us find your daughter, right?". Every time, Casey confirms with "of course" or "absolutely" - they are there to get Casey's help in order to find her daughter.

Casey was given the chance to leave (and never had to go to Universal in the first place), she was given the chance to change her story and give true details to aid the investigation, she was not cuffed or placed under arrest. In her own words, Casey was there voluntarily as the mother of a missing child. No cuffs, no arrest, no Miranda warning necessary, imo.

Geraldo knows that his statement is bunk, imo. He just wants exposure and wants to support his friend Baez.. No integrity and no credible reputation left anyway, imo.

(Remember Capone's vault? What a rip. Remember his tell-all book where he bragged about all of the famous actresses he bagged - much to their chagrin... Pathetic)

 

[1tasha]

In journalism school we learned that Geraldo traded his credibility for (failed) sensationalist projects in the early eighties. He USED to be among the most trusted journalists in the country. Now??? Pffft...

 

[mikeysmommom]

BFF till Baez client is found guilty and he has to go back to being an ambulance chaser to get work. I wonder if Jose will be invited on his yacht again or if Geraldo will even take his calls.

 

[Layla214]

I hope you're right about #5 but I don't see, in my layman's position, why they'd overturn it at all. LE was helping a mother find her child and 99.999999999999999999999999999% of the time the parent wants all of the attention they can give the police and they want things done fast! She kept saying the important thing is finding Caylee so I don't think the questioning was anything but related to that. They were frustrated with the paradox of logic she was displaying and trying to get her to tell the truth so they can save the child. If they overturn it, in my layman's opinion, LE could be held accountable for asking any questions of the parent of a missing child. I see this even with parents who's kids are missing and no parent is involved but may have seen the abduction and know who it is. JMO

As I said, I'm not a lawyer but does that make any sense AZ?

I'm just a measly third year law student but I am in complete agreement with AZ. It doesn't matter that they were trying to find an innocent child. Presumably LE are always trying to solve a crime when they are interrogating a suspect, so if their noble intentions were enough to bypass the Miranda requirement, there would be no need for the rule.

I desperately want Casey to be convicted as well, and am completely confident that she is guilty. But the Miranda requirement serves to protect our Fifth Amendment right not to be compelled to be a witness against ourselves in a criminal case, whether you are guilty or innocent. Once a reasonable person would believe that they were in custody (i.e., that they had to answer, couldn't leave, among a bunch of other requirements), they must be advised of their right to remain silent, to be represented by a lawyer, etc. That doesn't mean that police can't interrogate people. It just means that once a person believes that they can no longer leave police custody, she needs to be informed of her rights. She can still talk after that if she chooses, and a parent who just wants to find her child will certainly do so. But if she ends up prosecuted, those statements can be used against her. All this is to say that a Miranda violation is most definitely grounds for overturning a case. Even though the defendant here is bad, the rule is good.
Again, all that said, I really really hope that she is convicted and that it sticks.

Also, I want to take this opportunity to say hello WS, and thank you for all you do! I have been lurking here regularly since Caylee was reported missing in 2008, but just recently registered, and this is my first post.

 

[panthera]

I'm just a measly third year law student but I am in complete agreement with AZ. It doesn't matter that they were trying to find an innocent child. Presumably LE are always trying to solve a crime when they are interrogating a suspect, so if their noble intentions were enough to bypass the Miranda requirement, there would be no need for the rule.

I desperately want Casey to be convicted as well, and am completely confident that she is guilty. But the Miranda requirement serves to protect our Fifth Amendment right not to be compelled to be a witness against ourselves in a criminal case, whether you are guilty or innocent. Once a reasonable person would believe that they were in custody (i.e., that they had to answer, couldn't leave, among a bunch of other requirements), they must be advised of their right to remain silent, to be represented by a lawyer, etc. That doesn't mean that police can't interrogate people. It just means that once a person believes that they can no longer leave police custody, she needs to be informed of her rights. She can still talk after that if she chooses, and a parent who just wants to find her child will certainly do so. But if she ends up prosecuted, those statements can be used against her. All this is to say that a Miranda violation is most definitely grounds for overturning a case. Even though the defendant here is bad, the rule is good.
Again, all that said, I really really hope that she is convicted and that it sticks.

Also, I want to take this opportunity to say hello WS, and thank you for all you do! I have been lurking here regularly since Caylee was reported missing in 2008, but just recently registered, and this is my first post.

:Welcome1:

Very insightful first post and thank you for coming out of lurking!

 

[Softail]

I'm sorry... please help me to understand why there is even a thread on this? :waitasec: I just don't like giving the ones who are clearly out for attention... the attention.

 

[jandkmom]

To quote some of the possible jurors..."Geraldo who???"