Do you think that the passage of time from when the statements were made at Universal to when she was arrested at the police station will have a bearing on the appeal judges ruling?
Probably not. The question is whether she was in custody when she made her statements. Everyone understands she wasn't officially "arrested" at that time, but she still might have been in custody.
I didn't watch the appeal hearing but I did find an interesting article about it. I find this comment made by Lizabeth Fryer after talking about KC being "briefly handcuffed" interesting.
I think that it's possible for someone to be in custody and then be released from custody. It seems like she's trying to say that once arrested your forever arrested. I don't think that the appeal judges will see it like that. At least I hope not.
The incident with KC being briefly handcuffed was separate from any interrogation by LE. The custody ended when the handcuffs came off. The question is, was KC placed back into custody when that door closed at Universal?
Assistant Attorney General Wesley Heidt said this.
http://www.clickorlando.com/news/Co...made/-/1637132/18036022/-/eed3a5/-/index.html
I'm confused by the Assistant AG's comment that "she left" and later voluntarily went to the police station. I'm pretty sure the detectives drove her straight from Universal to the station.
Haven't had time to read entire thread so forgive me if this has been asked and answered
Were the lies told at Universal fundementally different from the lies she put in her 4 page written statement and the taped interview given to Mellich at Hopespring Drive?. I just cant see these Judges unanimously agreeing she gave those Hopespring statements in any sort of custodial setting. Cindy brought the police to the home. Her handcuffing was after Cindy claimed she had stolen from her. The handcuffing was brief and signficant time passed between the handcuffing and Mellich's arrival.
The Hopespring lies are also part of the issue on appeal. I'm not sure if ALL the Universal lies were also said at Hopespring, but they probably were. We could compare the transcripts, but I'm feeling lazy today.
I agree that the Hopespring lies are much less likely to be thrown out. The handcuffing was brief, she wasn't being kept in a room guarded by detectives or anything, and Yuri was really trying to gather information at that point, not trying to get her to confess. So I don't think she was in custody or being interrogated at the house.
We have to remember that this appeal is about what she was convicted on and not anything else. I thought that KC was convicted on the lies she gave police at Universal. The appeal is not whether the state can prove KC lied or not, it's about whether the lies she made to LE should have been allowed to be put to the jury in the first place. MOO.
She was convicted of the lies she told
Yuri specifically. She spoke to Yuri both at the house and at Universal. Unless there was some amendment of the charges later to limit them to the Universal lies, which I don't recall, the house lies should be at issue on appeal as well.
The judges asked the assistant AG if the lies at Universal were different from the lies told to Yuri Melich prior to that visit. The AG said no. That it was a continuation of the same story.
So in that regard, it seems clear she wasnt in custody. That she went freely to Universal. I mean she actually wandered around the building..it stuns me to this day.
Even if she was not in custody when they arrived at Universal or while wandering through the halls, she still could have been in custody when she said, "ok, I lied," and they said, "Let's step in this office and talk about this," shut the door and tried to get her to confess to whatever she had done to Caylee.
If the lies were the same at the house, then I think Casey could "win" the part of the appeal about the Universal statements but still lose because the same lies were told at the house, and the argument for custodial interrogation is much weaker for the house lies.
