Judge Perry Rules - All Statements OK For Trial
Friday, March 18, 2011 at 3:49PM Yes, you read it right. WESH broke the news… On the motion regarding whether Casey was in custody when she was questioned by law enforcement… Nope! The defense had argued that she went from witness to suspect when Orange County Deputy Ryan Eberlin briefly handcuffed her at her mother’s request. She was placed in a patrol car but was soon released.
What this means is that nothing is suppressed and no one was an agent of the state.
Read the orders here:
ORDER DENYING MOTION TO SUPRESS STATEMENTS TO LAW ENFORCEMENT OFFICERS
One of the old sayings in the newspaper business is about old news. The video of Casey’s admission of being read her rights became moot today. The old saying goes like this:
Yesterday’s news is at the bottom of today’s birdcage.
I will address the rulings in a future post. Until then, I welcome your comments.
LEGAL NOTICE
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Reader Comments (75)
Yeaaah Judge Perry. I knew those officers would not mess this up!!!!!
Every statement, including those between Casey & family and those at Universal offices are going to be allowed?
ALL OF IT!!!
I am not surprised really, and I'm very heartened that Judge Perry was not persuaded by the temptation to "split the baby" given the number of motions the defense has filed. I'll read the rulings when I get some time to myself- but Nope, not surprised at all.
Dave
Thank you for giving us the information about Judge Perry's decisions so quickly! I am so pleased that a common sense approach was used for these issues. I can't wait until you give more of your analysis of the rulings. Judge Perry did an outstanding job and I appreciate the thought and legal skill in his decisions. As far as anyone else goes who writes or talks about the Casey Case, you seem to be able to explain nuances better than anyone. I try to check you blog as often as I can because I like the fair and neutral tone much better that the usual tv news reports.
GREAT!!! The jury will hear the calm tone in Caseys voice, the lies flowing out of her mouth and the seasoned detectives giving her possible sceanarios that was (as it turned out) right on the money. Thanks *Dave
Hooray !!! This would have crippled the State, I feel. I am so happy I cannot believe it. Thanks for this update, Dave ...
Yeaaah Judge Perry. I knew those officers would not mess this up!!!!!
Dave, after reading the rulings I find that Judge Perry was succinct in his citings...No doubt about it... If Mr. Baez and company don't understand what has been put forth in black and white they need to forget about the "legal profession" and perhaps go into insurance...I sure hope these decisions cannot be appealed...Judge Perry seemed to have quite an arsenal to back up his findings...Kudos to all in his office that worked so dilligently to see that this ruling was complete...Wails of " WHY ME" could be heard from the OCSD corrections facility resounding throughout Orlando being drownded out only at DisneyWorld by the incessant "Small Small World" theme...
I had a good feeling that he was going to rule against the defense on these motions, especially the Anthony's acting as agents for the state. I am glad that he took his time deciding his ruling. After reading his motion you can tell it took so much time because of all the case laws he cited. JP is a very thorough and precise judge. I couldn't be happier that he denied them. This is a big loss for the defense, but a big win for the state. YAY for Judge Perry!!! I am sure that this will not be the last of the motions that we see from the defense. I believe that Mason said in court that if these were denied that he would be filing a lot more motions.
Dave, thanks for putting this post up so quickly to let us know.
Now do you believe me?
I can see why the defense needed these statements tossed out. A 2 and half year old is missing and the mother is jerking around Law Enforcement! All the scenarios running around in my head lead back to a guilty mother, not a concerned scared mother. Thank God JP does a good thorough job. I am not concerned about an appeal. I am sure they will appeal everything they can, but worry I won't.
It is so obvious to me why Jose insist that the A's stay away. Casey just talks and talks. Thanks for giving us all the good news. Just another leg in our journey together.
ditto on Laureli's comments.
I have always wanted to see Casey and the Anthony crews comments played back in the courtroom. For those who will watch the trial and have not followed the case will be so amused, horrified, shocked and convinced of Caseys guilt by Caseys words and actions.
I am so tickled.....
Brilliant from Belvin Perry down right brilliant,,Done and Ordered he wrote at the bottom of his orders..Done and Dusted.
His Honor Judge Perry is an outstanding JUDGE. He dotted all the i's and crossed all the t's. This decision is bulletproof (won't be overturned if appealed).
I LOVE YOU JUDGE PERRY.
He put it out there in detail that even I can understand....I bet that wiped the grin off of Jose's face and Casey won't be quite so smiley next time the camera's are on her. It gives me hope that there will be justice for Caylee after all.. But look at the money it's costing the State of Florida for all this when all she had to do was fess up.
Thanks for getting the news to us so quickly Dave.
Where there is a will, there is a way. Read on, Knechel..... LOL
For the past couple of weeks, we have been waiting in anticipation for Judge Perry’s ruling on two very important defense motions. We did learn alot about Miranda Rights as we discussed them back and forth on this blog and at Mainstreamfair.
It was so good to read how Judge Perry explained the laws regarding being read the Miranda Rights in his Order denying the defense motion to supress the interviews of July 15th that Casey made at her house and the one at Universal, the following day. I don’t know how many times that I changed my mind about that Universal interview being thrown out. I thought at times it seemed like more of an interrogation than an interview. Thank God, Judge Perry opened my eyes with his explanation.
Judge Perry explained that Casey was not in custody and not being restrained in any way. She was free to leave if that was her choosing. The door to the conference room at Universal was closed for privacy but not locked.
As to the motion regarding Cindy, George and Lee acting for Agents of the State, I could not see Judge Perry granting that one so his thumbs down came as no surprise.
I wonder how Cheney Mason is feeling right now. Maybe he will reflect a bit and realize that you cannot pull the wool over Judge Perry’s eyes. Twisting his words to make it look like Casey was being restrained when, in reality, she willingly went to Universal with LE did not cut the ice for Cheney. It seems that Mason needs to take a few refresher courses on today’s law. His style may have worked a couple decades ago.
I am so very glad that the work and man hours that LE put into getting those interviews etc were not in vain. I hope Yuri Melich and John Allen gave a big sigh of relief when they learned of Judge Perry’s decision today. It seems that Yuri and John’s attendance at the hearing when the closing arguments were made on those two motions may have sent a message, an impacting message. The serious looks on their faces spoke volumes. Orange County should be very proud of Melich and Allen. They want what we all want, justice for Caylee Marie Anthony.
Oops, I almost forgot something. Thank you, Dave, for allowing me to grace your blog with my wit and wisdom and "my post." I could tell you that I am suffering from writer's cramp and carpal tunnel but those would be falsehoods. I will admit, however, I can copy and paste at the speed of lightning, a talent befitting a poacher. Bye for now... oh and God Bless.
Events from the beginning have stuck in my craw, the families rational left me in awe! The flaw, a sudden burst of wind, gnawed at my jaw since maw, paw and the son tried to make an end run. No media appeals to the kidnappers for a safe return, just a media blitz proclaiming their offspring’s innocence. From memory, trash the police, bondsman, Equasearch, detectives, Soddi, former lovers, and friends of the accused. Maybe 31 days was too long to make a logical plea to the public. Start ur own investigation, with former law enforcement experience, or become a PI if control freak doesn’t qualify. Set up ur own command center, tip line, an inform the FBI who the suspects are. Mislead investigators, don’t cooperate or be forthright, Is this what a rational person would do? What person wouldn’t call the police immediately after finding ur daughter’s car in a tow yard that smelled like decomp?
On July 15, 2008, Casey's mother, Cindy Anthony, called 911 several times and told an operator she wanted to have her daughter arrested for stealing money from her. She later told the dispatcher that her daughter's car smelled like a dead body and that she not seen her granddaughter for a month.
So, rant is over but it reminds me of a boomerang:
boo•mer•ang
noun \ˈbü-mə-ˌraŋ\
Definition of BOOMERANG
1
: a bent or angular throwing club typically flat on one side and rounded on the other so that it soars or curves in flight; especially : one designed to return near the thrower
2
: an act or utterance that backfires on its originator
• 3noun: a miscalculation that recoils on its maker
What goes around comes around; in this case the boomerang left a tang in my mouth like a savory condiment. Admission of prior statements made into evidence; sinks the boat along with all the denial. The “excited utterance” and miscalculation of the originator will backfire on the maker!
I think I am most excited for Roy Kronk. He will not be tossed under the bus and if he is it will be interesting how the Nanny went from a perfect 10 female to a male meter reader. It looks like they will have to explain all of it. Exactly how do you do that? 31 days, no police, smell of dead body, tattoo, out partying and lying your worthless butt off.
Boxcarbob~ you might be on to something!
Ha! I've been talking to myself on your last post most of tonight. Glad all statements are coming in.
Greetings Dave, Snoopy, Laura, Karen, MaryJo and all,
Once again, thank you for keeping me informed. I am very happy and relieved that a very smart Judge Perry is not suppressing those statements. I really don't think we have to worry about justice for Caylee with Judge Perry in charge.
Well the rulings weren't a surprise to me.. and probably bunches of others also. After all, Judge Perry did warn the defense that he does his own research also and asked Mason about Parks during the hearing. Mason did a quick look at it and did try to respond but it just didn't wash. To give the defense credit, I imagine there is more law out there that proves an issue for the prosecution than there is for the defense in a situation like this one. I don't know who they've got doing their research but they need to step it up a bit. Mason has a lot of laws "at hand" in his memory because he's been doing this a long time, but I've noticed the ones he does quote are outdated or have been superceded by another one since it's inception.
The prosecution has people do their research and quote law all the time, Judge Perry does his own, Cheney Mason seems to be a walking library of defense case law... and then there is Baez. You know the lawyers left like rats leaving a sinking ship and I wonder how much that had to do with the case being "pro bono" and how much it had to do with lead council on the case.
The video was moot before it was found and replayed. The only thing LE testified was that she was not mirandized before she was taken to the orange county jail - ie during the house and Universal interviews. The motion to suppress only related to July 15-16 until she was arrested at the jail - time given as approx 4.33 PM by the learned Judge.
"Ms Anthony and the truth are strangers" - so who knows when or who read her the miranda - might well have been a jail officer. If it is needed somewhere there will be a record of same. What she said to her brother in a phone conversation is no guarantee of accuracy. That she embellished with comments stated to come from Det Melich makes it more likely that the statement contained little truth. Ms Anthony appears to like to add detail to her lies.
Meanwhile Judge Perry has shown his skill in many ways. He has summarized events with care - noting she was BRIEFLY handcuffed - despite some testified as to a time that would not be considered "brief". He has everything in the right sequence and has ignored statements related to when she was first read her rights - because they were irrelevant to the motion under consideration. His knowledge of case law and use of same is skilled - his arguments are designed to stand on appeal.
Some will argue this will be reversed on appeal - it will probably be in a defense appeal document, I very much doubt it will be reversed.
Good very early morning, wanted to apologize if my prior comment looks flippant - it was meant kiddingly but looks pretty smart alecky sitting there.
Speaking of smart alecky, I was really tickled watching the hearing, when Detective Melish responded to the question from Baez as to whether he was concerned that Casey would commit suicide. He took care to make it clear the only thing that would bother him about Casey being dead was that they may never find Caylee.
Read Estee's question about whether these Orders are appealable. Everything is appealable and is often utilized as a delay tactic. So the short answer is yes.
Which leads us to the Divine Intervention courtesy of Caylee's spirit (I like to think) in the form of Dave's quick exchange with Judge Strickland. Instead, we have Justice Perry writing bullet proof orders/judgements.
You cannot appeal a finding of fact as a general rule. The basis for that rule is that the original trier of fact, either a judge alone, or a jury (who are the finders of fact in a jury trial, the judge is there to help them with the law) was in the best position to decide. They could assess the demeanour of the witness and overall credibility and the appeal court cannot and which are huge issues when establishing facts, obviously.
However, most things are mixed fact and law. What is an agent of the state is a question of law. Whether the Anthonys were agents is a question of fact.
Justice Perry has laid out his findings of fact and the law that supports those findings beautifully. While I have great respect for Justice Strickland, Justice Perry's years of experience is nothing but a bonus all around.
Maybe someone knows the answer to this question. Is Casey's counsel negligent, morally, if not legally in not trying to get a plea deal at this point? Once the bulk of the dough is out of the State's coffers for expenses incurred the States motivation to settle with a plea deal is reduced on a daily basis.
The article about the cost of sitting a jury may me realize that the State's Attorney's office must be under a great deal of pressure to put this thing to bed so they must think the odds of obtaining a death penalty sentence are hugely in their favour. Any discussion would be highly secretive but honestly if Baez has not at least broached the topic with Casey about taking a life sentence he may well have blood on his hands as well by the end of all this. JMO
ps I haven't read the crime scene or autopsy report, no stomach for it. I have the horrible feeling from the details in the media that after reading it, that I would knowwith a certainty that Casey will receive a death penalty. Perhaps that is where the State's certainty is coming from.
All the defence could argue is that ugly coping after an accidental drowning made Casey package Caylee in a manner that made it look like a kidnapping gone wrong, ie the kidnapper didn't expect Caylee to suffocate. That's what happened to the Lindberg baby.
If that was true Casey would have bound her arms and legs and presumably left off the heart shaped sticker but I see it as the only thing that would even remotely dissuade the jury from a first degree murder conviction.
Again Dave and fellow readers, sorry for the 'crack'. Teasing needs emoticons or something and I don't know how to do the faces and jazz. Still don't get a lot of the acronyms. The old grey mare, ain't what she used to be...
Dave,
Thanks for the updates. So happy that the statements will come to trial. B&M must be scrambling for more motions - can't imagine what's next. The ship is sinking really quick. The defense team is running out of steam and their client will soon see her fate. Not looking too pretty for her. Yahoo for Judge Perry! Read on another blog that there will be more court motions next Wed., Thurs. and Fri. Are you going to court on any of those days? If so, look forward to seeing you on the tube.
I know it may be too late, but the only way out i see for Casey is to take a plea and throw herself on the mercy of the court. This ruling is devastating for the defense. They are now going to have to explain all the lies and i just don't see a way for them to do that.
It gives me such great pleasure to admit that I was wrong! :-) Judge Perry threw nothing out as I thought he might - those few statements Casey made while cuffed and in the back of the squad car. Hooray for Caylee! My special thanks to Yuri Melich and John Allen for doing such an outstanding job!
I want to say to carry on the conversation here. I am writing an article for a magazine and I won't have much time to interact until that project is done. Meanwhile, I would proffer the defense this one question:
WHAT DO YOU THINK OF JUDGE STRICKLAND NOW?
Not that he would have ruled any differently, but one thing is certain - Whatever Casey hoped to gain by the motion to recuse, it didn't do a bit of good now, did it?
Dave: I'm adding a link to this morning's 'Today Show'. I think you might find it interesting because they talk about the 'uncovering of the jail house tape'. It is mentioned at 1:30 minutes in, and again at 4:04 minutes in.
Were Casey Anthony's Miranda rights violated?">Today Show 3/19/2011
I saw that this morning, nan11. Good for you and Snoopy!
I am sure the defense has asked themselves that question about JS a few times since they filed their motion to have him recused. That was a big mistake on their part that will haunt them the rest of this case.
You are right Dave about Judge Strickland. Baez and Mason are probably not very happy campers today. Judge Strickland's face is probably the last one they see before going to sleep at night, and I'll bet he is laughing. wonder which one is taking the most heat from this. If Caylee couldn't have Judge Strickland, at least she still has the best. They now know the meaning of " what goes around" Mason description of Casey"" the little girl " and the big, bad armed officers was pathetic. Those officers were so fed up with her lying, there was no way they would not do everything by the book. They were not going to giveher a reason to walk. Congratulations on article for magazine. Will we be able to read it? You are becoming our very own celebrity. Take care and thank you.
We have our own SUPER SLEUTHS!! Yea Snoopy and nan11!!
Dave,
You are now the BLOGMASTER!!! And Snoopy and nan11 your posse!!!
your last 2 posts have been wonderful, as usual, but the one on mirandizing casey put me in a funk......just to think that maybe, JUST MAYBE, her statements might be not allowed. But thankfully Judge Perry is well prepared and has excellent research abilities. But when I saw this last post I I was overjoyed. You manage to bring us posts that make us think and examine our own opinions, good and bad. That is what sets you apart from other bloggers.
One request, please let us know what article you are writing for a magazine. I must must read it!!
Here's Nan's link
Today Show
That's a good video nan. Thanks!
I understand the confusion better now. Just read the WFTV article on the Miranda ruling and it states that the judge had found that Casey wasn't a suspect so the Miranda ruling was not necessary.
Not the test and the ruling couldn't be plainer in laying out the factors Justice Perry weighed which all involved the question of whether Casey was in custody so at loss to explain the article but sure does help me understand why the commenters have been all over the map on the issue.
Dave, when you have time would like to have your permission to pose a rather long hypothetical to the other commenters.
Essentially, take away all the facts about the lies and stealing and make it a whodunit between a mother and a babysitter. Make Casey into an honest, hard-working, single mother who claims her missing 2 year old was left with a babysitter. Babysitter says no I gave her back on June 16th.
The disappearance isn't reported by the mother of the child for a month because the mother was conducting her own investigation. Child is found dead, close to mother's home and wrapped in the bedding from her bedroom at home.
Who is guilty? Mother or babysitter? Would love to hear what others think.
conniefl: Thanks for fixing my link. Sorry about that.
Carole: Your are not the only one that was worried. I was greatly worried. I couldn't sleep all night; and I glued myself to the computer on Friday, praying and waiting. My butt was black and blue from me kicking myself for stumbling across that statement, and then saying something about it. lol
I was overjoyed when Judge Perry's decision was made public.
Judge Strickland, being the person he is, would shake Judge Perry's hand and say "Job well done."
EH ~~ go ahead and post your rather long hypothetical to us. You have my permission. LOL I am interested to see what it will be. Go go it!!
Nan11~~I still don't have a clue why you thought that finding Casey's words on that video would hurt the state. Yuri Melich did not lie on the stand and that video had no bearing on Judge Perry's decision. You must admit that it kept some news outlets quite occupied. They are always happy to get some new material to chew on when things are slow.
I wonder what Cheney Mason is up to now. He is not the kind of attorney to not forge ahead with everything in his arsenal. He strikes me as a man who could not handle defeat with grace. We will see a barrage of motions being filed this up coming week. They will bear Mason's signature.
This one's for you then Snoopy.
Lawyers are big on hypotheticals as Baez has shown.
Basically, assume Casey did work at Universal, full-time and there was a Zanny, as described, living with whoever you like, mother, sister, roommates, or no one at all. At Sawgrass Apartments.
Assume Casey had never lied, cheated or stole from anyone ever. Completely normal, honest, hard working single mother. Assume Jesse Grund is the father but it just didn't work out.
Assume Casey remained in possession of her car, which had no odour or any signs of foul play. The car seat and Caylee's doll are in the car however.
This part really does muddy the waters but only changes time of death, not guilt, so I include it. Assume that Casey was working during late June and early July and everything she told her mother about her activities was true. Bearing in mind that any Caylee is with Zanny stories have ended by late June and early July. We can also assume that Caylee and Casey were in Jacksonville with Jeff Hopkins.
Caylee was alive per the evidence of Jeff Hopkns on July 14th when Casey and Caylee returned to Orlando.
On July 15th, Cindy collects Casey and the 911 calls take place. Omit any reference to dead bodies and the smell of the car. Remember no issue with the car.
Casey now makes the statements she made about the drop off at Sawgrass on June 16th with the four hour window and points the finger at Zanny. Remember Casey does work at Universal. Casey further explains she had been conducting her own investigation into her missing child and tries to down play the whole thing with the responding officers.
I don't know what to do with the outcry witnesses. One of the dumbest lies I've ever heard. If we assume it to be true, then we also have to assume both Jeff Hopkins and Juliet Lewis simply dismissed Casey's cries for help. Jeff, a friend to both Casey and Zanny apparently decided not to take sides in the case of the missing baby. Too dumb for words but assume she somehow mentioned it to Jeff and Juliet but that is the extent of anything that even looks like someone trying to find Caylee - even on July 15th.
The police go to Zanny who is a resident at Sawgrass. Zanny says I haven't seen Caylee since shortly after my car accident back in July.
At this stage, who do you think the police believe is responsible? Assume Caylee's remains were never found. Mother or babysitter?
Now add the circumstances and location of the toddler's remains as a fact.
Mother or babysitter?
@EH, I'll take a nibble at your hypothetical with the caveat that I couldn't find either one guilty with the scant amount of information provided; however, in my opinion, any parent who didn't report their child missing for 30 days is suspect regardless of a claim of doing their own investigation.
Finding the child's remains close to the home isn't really significant (unless of course the mother used to bury her pets in that area as a child ◔̯◔... ) because anyone could place them there. The child being wrapped in bedding from her home puts anyone with access to the home under suspicion.....but the parent who doesn't report their child missing for a month reflects a conciousness of guilt....regardless the investigation being done.
Arrrgh! I'm glad you made that hypothetical for Snoopster.....I wrote my comment while you were posting. I will add my 2cents at any rate that this hypothesis only has Caylee missing for one day so it's an entirely different case.
EH, even though you weren't addressing me, thanks for stimulating my mind....I'm bored.
I am going to adjust the hypothetical. Trying to fit in Casey's lies about her whereabouts simply confuses too many of the issues raised relating to when Caylee died and who saw her when. It also makes nonsense of Casey's statement to the point of stark insanity. In trying to bend the facts Casey's way in the hypothetical I went too far.
To line up that statement remove the paragraph about assuming the stories to Cindy are fact and Jeff saw Caylee in July.
Instead assume that no one has seen Caylee since June 16th but Casey tells the same stories to Cindy, George and everyone else as to Caylee's whereabouts that month. Lives at Tony's, goes to Fusion etc.
Zanny in this case says I gave her back at five o'clock on June 16th and haven't seen either Casey or Caylee since.
Mother or babysitter?
EH~~you have not provided enough information to even come up with a person of interest let alone a suspect. You said Casey dropped Caylee off with the Nanny but you do not tell us if Casey tried to contact the Zanny via phone or by banging on her door. Was the Zanny's apartment suddenly vacated?
By not calling LE and possibly thinking Caylee was in danger, Casey could be charged with Child Endangerment/neglect.
Since the body was found near Casey's home, it cannot prove Casey was the murderer. The Zanny could have murdered Caylee and put the remains close to Casey's home to frame her. Statics show that when a mother murders her child, she generally buried or hides the body close to her home but this would not be sufficient evidence to even come close to charging someone with murder.
EH.... we need more to go on. Did you ever consider writing fiction? Just Kidding.
EH~~I just reread your comments.... Caylee is still alive in Porto Rico and Cindy was right all along.
Do I get a prize for this?
Hey Snoopy,
The question is who do you think the would police believe was responsible. Not who could you convict of the murder.
According to the mother of the child, it is her or the babysitter. The hypothetical assumes Zanny is still in residence at Sawgrass,sitting with whoever you like or alone when the police arrive late July 15th..
The hypothetical also assumes that the only thing that looks like the mother was trying to find her daughter are her statements that she told Jeff and Juliet. Jeff, a friend of both Casey and Zanny, apparently had no comment.
Hope that helps.
Snoopy, if I wrote fiction I would have to compete with the likes of Casey Anthony. I've no hope really do I?
Nevertheless, no one believes my true stories so may be I should tell it as fiction...
Guess I might as well be just a fly on the wall...¤,¸.•*´*•.¸,¤°´`°¤,¸.•*´¯ so I'll just buzz off.
What happened?
Sorry katfish, I don't see your answer to the hypothetical...
Hi Dave, I agree--Judge Strickland would have ruled the same as Judge Perry. The defense gained nothing. All they really did was show the world how small,petty, and mean they really are. Yes, the Irony is rich indeed.
Snoop, it is good to see your comments here. I miss your blog.
Rob, I am sorry that you did not get a message that I started another blog. The babs were using my gravatar and setting up blogs in variations of my name so I let SnoopySleuth go idle. My new blog is Mainstreamfair It is listed in Dave's side bar, top left of this page. I am a seagull named Jonathon at my new blog.
Please drop in anytime.