Arresting Development?
Wednesday, March 2, 2011 at 10:38PM 
There are two basic Miranda warnings. One is quite minimal and the other is more verbose:
- You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
- You have the right to remain silent and refuse to answer questions. Do you understand? Anything you do say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
The general rule is that the first one is just an announcement of your rights, whether under arrest or not, and the second one is primarily to cover the bases a detainee might encounter while in police custody.
We have rights under the Constitution and the Bill of Rights, but do we know each one of them by heart? Way back in 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old woman. When brought in for questioning, he confessed. He was never told that he had rights at all. He was never told he didn’t have to speak to the police or that he could have had an attorney present. At trial, his counsel attempted to get the confession thrown out, but the motion was denied. In 1966, the case went before the U.S. Supreme Court, which ultimately ruled that Miranda’s statements to law enforcement could not be used as evidence since he had not been advised of his rights.
Since then, before any pertinent questioning of a suspect is done, officers of the law have been required to recite the Miranda warning. The above statements have the same key elements: the right to remain silent and the right to an attorney. When you have been read your rights, you have been Mirandized.
Of great importance is the difference between being arrested and being questioned. When law enforcement asks you anything - anything at all, you have the right to remain silent. Period. Of course, this doesn’t include answering basic questions such as your name, address and other relevant information regarding your identity. Also, bear in mind that if you are not a suspect, the police do not need to Mirandize you.
At issue with Casey, and of great importance to her defense, is the precise moment when she shifted from being a person of interest (which could mean just about anything) to becoming a full-blown suspect involved in a crime. To be certain, prior to her being questioned, she was already suspected of stealing. That quickly changed when law enforcement learned of Caylee’s disappearance and possible kidnapping. What is so relevant at this point is the time investigators turned around and looked at her as a suspect. There are no clear-cut definitions; it is a gray area, but no doubt, police are trained to be suspicious of their own mothers, so after Casey told her first lie, the gloves came off and she became a prime target of investigation. What her defense did today was to paint her as a sitting duck, and there may be some weight to it. Were Orange County’s finest required to read Casey her rights before firing away, if just as a precaution? That’s what we are about to find out.
When Deputy Ryan Eberlin told defense attorneys on the stand today that he initially handcuffed Casey on July 15, 2008 and put her in the back of a patrol car - the “cage”, should he have read her her rights, right then and there? Remember, that would not have signified that she was under arrest. At that moment, the crux of the investigation was over a missing toddler, right? Yes, but Cindy had just showed him receipts that virtually indicted Casey of fraudulent use of her credit cards. She said she wanted to press charges against her daughter. It was at this moment the cuffs went on. Time to be Mirandized. She was a suspect in a crime.
This could be big. I have tried to maintain a decent semblance of neutrality throughout this trying case, although I will admit I falter at times, but I have got to admit that this could be problematic for the State. To be blunt, Jose Baez and Cheney Mason were very good in the courtroom today and I have to call it like I saw it. Give them their day in the sun, but don’t get in an uproar over my revelation, not quite yet, anyway. We don’t know how the judge will rule. There’s still much more testimony to come, but if he rules in favor of the defense, it means initial questions will be tossed. However, keep one important factor in the back of your mind…
Ernesto Miranda. Oh yes, his conviction was thrown out, alright, but he didn’t walk away a free man. Law enforcement still had tons of other evidence that was completely independent of the confession. When he was tried the second time, he was convicted again, and after his release, he was killed in a barroom fight.
Just remember, the State of Florida is still sitting on lots of other evidence against Casey.
§
There is much more I could address, but it was a long day. One little morsel of interest, I’m sure… Diana Tennis is no longer representing Dominic Casey. He is out of the woods, so to speak, and Ms. Tennis is free to say and write whatever she wants about the case.
Also, the State submitted two photographs into evidence. The defense objected, but Judge Perry overruled. The first one shows a happy Casey taken at OCSO Operations Center. The second one is walking out into the lobby to exit the building. Could the first one infer that she’s a mother not too worried about her toddler?
I’m going to bed. It’s going to be a long day tomorrow, I’m sure.
Dave Knechel | tagged Diana Tennis, Jennifer Craddock, Ryan Eberlin | in Casey Anthony, Caylee Anthony, Cheney Mason, Chief Judge Belvin Perry, Cindy Anthony, Dave Knechel, David B. Knechel, David Knechel, Death Penalty, Dorothy Clay Sims, Frank George, George Anthony, Hopespring Drive, Human Interest, Jeff Ashton, Jim Lichtenstein, Jose Baez, Kathi Belich, Lee Anthony, Linda Drane Burdick, Marinade Dave, Marinade Dave Knechel, Marinade Dave’s Caylee Anthony Posts, Orange County Sheriff’s Office, Sgt. John Allen, Yuri Melich, marinadedave | Share Article 
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Reader Comments (72)
All right Dave......I was going to write you a quick note and tell you to "TYPE FASTER!!! I never thought that yu would have a post tonight, but, you sure fooled me!! This mirandize thing has me worried and can't wait to hear the judge's ruling.
Get some rest so that you can post some juicy tid bits tomorrow.......
Dave, thanks for this post. I have to say that I am a little worried about how JP might rule on the motion that was heard today about Casey not having been read her Miranda rights. I am hoping that JP will see that she was not a suspect at that time and that she was not in custody. It is true that the State does have a lot of other evidence on her and they do have statements from Cindy, George and Lee that they could use. The two pictures that were submitted into evidence today do not look like a mother who was worried about her daughter who had been missing/kidnapped 30 days ago. She looks like a mother who was enjoying the attention she was getting. I find it very interesting that Diana Tennis is no longer Dominic Casey's attorney and that he doesn't need an attorney anymore. Is that because he was granted full immunity when he gave his deposition that has not been released yet? It is the only reason that makes sense to me. Thanks for attending this hearing. I know it was a long day and I know tomorrow will also be a long day. I think they will probably still be hearing these motions on Friday if they keep up the pace from today. I can't wait to hear more about what went on in the court room and outside of the court room that we could not see on TV and that you were able to see and hear for us. Thanks again for being our eyes and ears! It is appreciated!
Dave~~is that Carmen Miranda dancing outside the courthouse? Yes, you had a long day and the bed should feel good. Thanks so much for taking the time to write this post.
It was quite a day in the courtroom but I wish Linda Drane Burdick would speed it up a notch. The court reporter must be Linda's biggest fan.
I am not sure how Judge Perry will rule on the defense motion to supress Casey's testimony at Universal. That 5 minutes of being in the patrol car while handcuffed may be the upsetting factor and the judge's decision just may favor the defense. When Casey was handcuffed and put in the patrol car, she was 'in custody.' She should have been read her Miranda Rights once the cuffs went on. Sadly, it was a rookie deputy that happen to answer the call to Hopespring.
I found the following online...…Once police officers begin asking questions that may implicate involvement in a crime, however, an interrogation has begun. That person being questioned should be read their Miranda Rights. Yuri Melich was asking some questions at Universal that indicated that Casey may be involved in something sinister re Caylee.
Unless Dominic Casey signed a waiver releasing Diana Tennis from the attorney/client privilege, the a/c privilege remains even after the attorney no longer represents that client.
Dave, once again, thank you from the bottom of this old heart. Reading your posts is like opening surprise gifts. They are very refreshing and educational... xoxo
If Judge Perry grants the defense motion re the Miranda Rights and throws out Casey's interview at Universal, Cheney Mason can add a big feather to his chapeau. And here I thought he was sitting around gathering dust....dagnabbit...
If Casey wrote out her statement before she was cuffed and put in the patrol car, that statement still stands. We will still have the nanny.
I have been reading here for 2 years now, but have never posted before now. I just wanted to share my opinion about some of todays proceedings.
I think that prosecutor Linda Drane Burdick was way out of line with the Anthony's!! I realize I am in the minority in my opinion, as the blogs are touting her a hero among hero's; however, I think she is way over the line and if she is not careful she may loose the jury all together.
Regardless of what you think of the Anthony's, they are VICTIMS in this tragedy. The fact that their daughter is on trial for murder and the cause of this tragedy, DOES NOT NEGATE the fact that they are victims. In fact, it makes them double the victim, creating an incredibly complex situation for all involved.
My main point is, if Ms. Burdick speaks to all victims the way she spoke to the anthony's in todays hearing....Ijust hope to never run into a victim advocate like her in my darkest of days.
the Anthony's are not the first, nor will they be the last family to become crime victims who have complex/dual roles with split loyalties or even questionable motives. At no time is it appropriate treat them the way Ms Burdick did.
And Yuri Melich showed his true colors today- he is full of sheet!!! The moment the handcuffs went on the miranda should have been read - there is no other ruling possible.
Hey Friend!
(Mary B.) here. I am like you, I am so tired that I will read your post tomorrow.
I hope u made it to court today. I tried to see you on camera...but couldn't find you!
Will look again tomorrow.
Looking forward to hearing your opinion about Miranda readings etc...it would be a bloody shame to have to throw out so much great info.! I just don't think it will happen. Whatever happens, Casey will still be found guilty. imo I have alot of confidence in Linda D./and Ashton.
Later friend,
MB
This is only my second post ever...but do get your refreshing and insightful posts. LDB was just as tough as she needed to be and loved every second of her drilling the Scamthonys...who, btw, as usual showed their trailer trash & con-people mentality. My3Sons is part of their cult and has been hoodwinked by Bozo & Mason...so very sad...feel kinda sorry for him. Cindy started ALL of this with her 911 calls that fateful night...GA is now just as idiotic as CA...they look more foolish & foolish each time they open their mouths. Melich did a fine job and in the end we will see just that. Casey murdered Caylee, period, she WILL be going down have zero worries about that! I LUV all the stress this puts on the Scamthonys....they've tried to impede this investigation since the beginning...so they deserve all that is heading their way baby! I look forward to Ashton getting into the action...he's a master at crafting this prosecution....we will see this SOON!
This is the very start of her demise....let's enjoy every second of it for Caylee's sake.
Keep us posted, Dave...you "nutshell" it nicely while other sites ramble on and on.
Thanks brotha!
Peace....Q from Atlanta
Hi Dave, I was afraid you would be to exhausted to write after the very busy day in court..It was my 54th wedding anniversary but I was glued to the computer watching all the actions and acting. The Anthony's did a very good job at acting..But they have been watching to many court shows..Cindy says Casey was "sequestered" in the back of the police car..George accused the prosecutor of "badgering" poor little him..Cindy testified the bedroom door was closed while they had Casey in there talking to her. George says it was "either half open or half shut." He wasn't sure which. I hope Lee, if he is called, can seem a bit more honest.
Like you Dave, I'm anxious to see the ruling on this. It is troubling to me..I Hope Jose brings a lemon to court today to wipe that stupid grin off his face..Mason did surprise me with how he handled things but also managed to maintain a bit of a professional look. Unlike the Bozo.
I'm seriously worried there may not be JUSTICE FOR CAYLEE in this circus..
See you in court!
Good morning! I hope everyone enjoys watching the hearing today. I guess "enjoy" isn't the proper word for it, but it's better than being bored to death over it. I am ready to walk out the door. It's around 7:30 and I need to gas up the car. See you at the courthouse! Wave to me.
Hi Dave! Hope you are feeling better! Casey was handcuffed in regards to theft of Cindy and not read her rights...So I can understand any statements made by her regarding that not being allowed...She wasnt yet arrested regarding Caylee so how can the defense claim all of her statements should be thrown out when none of her statements that were made were regarding why she was put in handcuffs in the first place?
Mary Jo, it's wearisome, isn't it?
To be honest, I don't see how Judge Perry is going to be able to rule on this but on the side of the defense. The law is the law, and even a Rookie should have known to read Casey her rights prior to placing her in handcuffs. That he placed her in the caged back seat is secondary to the cuffing, I believe.
The saving grace may be that Judge Perry might only partially rule on the side of the defense, tossing those comments she made during that short period of time she was in cuffs, and allowing all others to remain. It seems obvious to me, and I'd like your opinion on this, that once the cuffs came off of her it was clear that she was free to come, go, do as she pleased. Of course the defense will attempt to argue that differently, as well as Baez and Mason will certainly attack the credibility of Melich, now that he's on record admitting to having lied. OUCH. This isn't good.
Chalk one up for the defense.
Does anyone know which statements might be affected - those spoken within that five minute or so time period? Do any of them even involve Caylee's disappearance, or do they center around her having stolen from Cindy? I'll try to look into it, this morning.
Have a very interesting day.
At first I was confused what Baez was doing, but then it became clear. He was trying to use Casey's own lies against LE. He was trying to establish that they were "suspicious" very early in the investigation and because they were "suspicious" that made her a "suspect" and they should have read her the Miranda rights. However, at that point in time she was just the mother of a missing child and as Yuri so eloquently put it he was just "curious", that a mother of a missing child was lying to him. He couldnt believe that the mother of a missing child would lie to him. Who could believe that? I dont think this will hurt at all, if anything it painted a very bad picture of Casey.
Hi Dave..
I'm fixin' to read your post..long morning..
But first, is that "Miranda" standing in front of the courthouse in the post pic?? Sure isn't you..
:o)
Oops Snoops..Great minds think alike..I read the comments first, and should have read before I posted..Hugs, Jean
With the pending rulings regarding the Miranda Rights as subsequent statments that occured prior too i wonder if anyone can indicate what those discussions were? If the arguement is that she took the officers to places that were either vacant or not her place of employment exactly what is the point?? Baez discusses with YM the facts that the apartment building was vacant for an excess of 100 days and the she did not work at Universal all the while trying to get YM to say she was a suspect. What Baez (IMO) was not accepting and or understanding is the YM was brought in on a possible missing child and at the time it was unknown to him exactly the duration of said missing child. As of now YM does not "suspect" KC of any wrong doing. When KC escorts them to the apartment of ZFG and no one is there and hadnt been there for months the suspicion goes to ZFG not KC (at least IMO) However once the officers take KC to Universal the suspicion becomes more complex and of course they are curious as to why KC would lie? Further to the point was the phone that KC indicates that she has the babysitters contact information on?
So after looking at the July 15 & 1(however that unforlds) we have the Parents determined to somehow get in touch with KC so that they can see Caylee. CA reaches out to AH and they get KC and bring her back. Mom and Dad have the car of death in the garage. Mom picks up KC with no Caylee and (IMO) she begins to suspect somethings off with her beloved KC but one thing CA has is knowledge that money is missing from her account and a Grandaughter who she has not seen in over a month. KC isn't talking so CA tries a "scare tactic" (IMO) to get her to talk, she calls the cops but because the issue of stealing is not a priority she brings up the fact that Caylee was been missing for 31 days and the car smells like a dead body!!
YM was asked to come to the residence to investigate a possible missing persons. At that time he had no reason to suspect that the mother of the child is responsible for her dissapearance nor do I think YM suspected her of killing. When Baez is continually asking whether or not he was "suspicious" in deed at that time he was not. But what makes the line of questioning circumspect to me is that Baez is indicating that the missing child was DEAD child and YM should have been suspicios of KC.
Dave, we've gone over timelines and it appears to me that Baez is obscuring those timelines and allowing certain scenarios to unfold prior to knowing at what time they unfolded. As you said, Miranda Rights are given to those who are of interest or suspects. At the time YM had KC in the patrol car she was neither. KC freely gave information about her missing daughter. YM was there by the request of the family not on his own valition. KC led these officers on a wild goose chase not the other way around. When she is booked she's booked on theft charges.
IMO this will go both ways. i believe some things will be admitted and somethings thrown-out but whats more important is that Baez get his story line strait...he may want to visit a couple sites that have detailed timelines...IMO
We must keep in mind that Cindy and George were Caylee's grandparents. Therefore, let's show some respect for them by not calling them names, other than their own. We all want Justice for Caylee so let's discuss this case in a civil manner. Dave welcomes opinions both pro and con. TIA
Not much of a problem..many of her statements, and the trip to Universal, were made the following day..after being at home in her own bed. No arrest, no cuffs. How often have you seen traffic stops where the cuffs come out because the officer isn't sure of the situation. No arrest, just detained. They'll parse it out..
I can't imagine a more confusing situation with grandma saying first the car is stolen, then money..and finally her granddaughter.
I agree Snoop..the grandparents didn't do anything wrong, as far as we know. Vilifying them for being parents isn't kind. We would all have trouble in this situation, I think.
Hi Dave; I saw you yesterday and today in court. I see you have a new position one row closer. You sure are heading in the right direction. Many thanks for that explanation of the MIRANDA rights. I think the Prosecution is trying to point out at no time did Casey feel under pressure to answer any questions, or to ride over to Universal or Sawgrass. At no time did she ask for her parents, her brother, Toni, a Lawyer or anyone else for that matter. Even though it is the law to mirandize her, she was not a murder suspect at that time. They were trying to find a missing Caylee and only when Cindy wanted her charged with theft, did the rookie cop put the cuffs on her, and told to remove them as fast as he could possibly do so. This is a tough call, but I think you might be right. No room for a mistrial, based on this!!! I think there is enough without her statements. It will still come out that the goosechase happened, that' enough to make a jury cringe.
It was very interesting to see George and Cindy testify, along with their daughter's reaction to them. Very opposite emotions were expressed by Casey. Then when Lee arrived, she smiled but started to get very agitated at his revelation that he lied to her, because his focus was entirely on finding Caylee. Love that Lee. Casey is actually quite prdictable now. Once you start to see more and more of her, there is little surprises left. Love the matching outfil and pen, along with the goons sitting behind her with their same colour outfits. Looks like a mini baseball team. Whew Dave I don't know how you can sit there all day long!!! It looks like you are in training for the BIG ONE, which isn't that far off. Looking forward to your next post. You are a great one.
dadgum~~one reason I enjoy Dave's blog is because he does not allow name calling.
FYI~~ The hearing begins at 8:45am, tomorrow morning, March 4th.
I will be back later with some links to today's hearing for those who may have missed it.
I don't think from what I've seen so far that Perry can grant the defense motion under Miranda. There are two things to remember about Miranda -- 1 late last year the Supreme Court modified Miranda as it pertains to the right to remain silent. They held that the police may question a suspect until the verbalize their desire to remain silent or ask for an attorney. Casey did neither of these. This, however, mostly applies to suspects, who have been Mirandized in the first place. Although, given the make up of the court and the pervasiveness of Miranda in pop culture, that will most likely change, as well. Ignorance of the law doesn't excuse you from having to uphold the law. We are seemingly headed back to the days where the police do not have to inform you of your rights. The second and more important thing to remember is that in order to be considered under arrest, the defendant has to think that she/he is under arrest. This is judged by what a reasonable person would think. Now, when the cuffs were applied and she was put in the police car, a reasonable person would believe they were under arrest, which is why the defense is playing this up. The key is when the the cuffs were removed and why the cuffs were applied in the first place. They had nothing to do with the missing child case because she wasn't a suspect in that case. Anything she says about that is fair game, provided she isn't under arrest and a person wouldn't reasonably believe she was under arrest. Casey continued to cooperate with police after cuffs were removed. The state is trying to make it clear and Casey understood this was a mistake and that she wasn't under arrest, which is why they are spending so much time on the voluntary nature of her statements. Even if you take away everything from that day that Casey said, you still have what the rest of the family said. It's not that big a blow to the state's case. They want to make sure the jury knows she didn't cooperate with them in the search for Casey. I am more concerned with Baez's tactics here. He all but gives away the farm in trying to prove Casey's Miranda rights were violated, an argument that he most likely isn't going to win. Certainly the Universal trip was made voluntarily and at a time when Casey understood she was not under arrest. She was not a suspect. You don't Mirandize persons of interest and mothers of missing kids until you decide they are a suspect and a crime has been committed. Remember when the police got there, the child was missing, but there was no way to know if a crime had been committed. Casey could just have easily been hiding Caylee from her mother to get back at her, which is what Cindy believed. She was trying to blackmail her into telling her where Caylee was with the threat of arrest because she believe Casey was hiding her at this point.
Come on Im sure it wasnt the first time Casey had been placed in habdcuffs.She probably considers it foreplay...............
Celeste took the words right out of my fingers! If the trial was about credit card fraud then I could see action being taken, but its not. I can't believe the talking heads are completely missing this technicality. Even Leonard Padilla missed it! He's turned pro-Casey anyways.
Snoopy, if you have a link to Bill Schaeffer's take on this motion would you mind posting it here? TIA!
Whoa! ecossie! ROTFLMBO! Good one!
ahh Dave, hope you slept well. If you remember way back when I mentioned concern over this exact subject not many people agreed with me. I have always been concerned because from what I could see happening was LE suspected Casey from early on, as most of us did. LE did not say Casey was a suspect because then Casey would have lawyered up then, maybe. LE being unsure played along with Casey hoping Caylee might be found or a lead to her where abouts would come out of Casey rattlings. Somewhere in here is where LE went from thinking Casey was a victim to suspect. That is what I have always been concerned about. Did LE let the talking/questions go on to long before Miranda was read?
Finally Casey was read here rights and arrested.
I have always thought if Caseys interveiws were ALL allowed in, Casey would convict herself.
Jane Valez Mitchell has a theory about why Baez wants Casey's statements tossed. She says because they contain Zanny the Nanny statements. If Baez can get those tossed then they have no nanny to be concerned with and they can then go with Kronk, for example. I thought that was very interesting!
Hi Dave, Did you see me waving, after I finally found you? The cameras stayed focused, for the most part on lawyers and witnesses. It was a long day. Thank you for your artcle. You broke it down very nicely for us. I tend to feel like Weezie on this. I M O it sounds as though Cindy was adament that they do whatever to make sure Casey did not leave that night. Poor George, I think he is so torn between being honest and not saying anything to make Casey look bad. Casey just looked colder and colder as her Dad cried. She did not even look at him as he walked by her on his way out. She rolled her eyes at Lee a couple of times, but I think he made it very plain that all he wanted was to find Caylee, and that Casey was Jose responsibility. In spite of it all Casey is still all smiles, no worries,cold,cold,cold.
Dave, do you have any idea if JP hadn't stopped Baez from questioning Mr. Adams about what Casey had said to him if Baez could would be able to bring that up on appeal if she is convicted? I almost fell off of my chair when I heard him ask that and after I heard Mr. Adams say he wasn't comfortable answering that question. In my opinion that is a big blunder on Baez's part by even asking that question. He could have opened up a big can of worms had he continued. I didn't feel like the defense was as strong today as they were yesterday. After hearing George and Lee testify today I feel better about what the outcome of JP's decision will be on this motion. You could see the angry expressions on Casey's face while both George and Lee were testifying. especially Lee. I hope they are able to finish up tomorrow with all the rest of the motions that they need to hear. I can't wait to read your write up off these full days in court and what you were able to glean from all of the parties in the court room.
Hi Dave and All,
Thanks for the post. Good information.
I wish I could have watched the court case on TV but we don't get it anymore. I may try to watch on my computer but I don't have high speed, just medium so I depend on you and the commenter's for my info.
I also have some sympathy for George and Cindy. I can't even imagine how much pain they have endured. I am having trouble liking them because of their attempt to cover for Casey and their uppity attitude with everyone including the court. Are they to be forgiven because it is hard and emotional for them? They seem to think that entitles them to be treated with kid gloves because they are having a hard time. I'm glad the judge put George in his place. Sorry if it sounds mean but Cindy and George made this harder on themselves.
IMO George comes across as very disrespectful to the Court and S.A.O. if ZFG were sitting in the defendants chair I am sure he would be acting differently. It is sad that they are going through all of this but they are enablers and as long as they keep enabling they are always going to be in the place they are now. Misplaced anger.
Lee did a stand up job today. In fact I am sure Casey is pissed off at her brother. He said maybe he lied to her. Casey in her mind probably thinks it's not fair Lee would lie to her, although she has been doing it for years to him. Lee seemed like he really cared about his niece, nice change of pace. Finally someone showed up for Caylee.
So if Jose gets all these statements thrown out(Cindy, George, Lee and Casey) what about Tony and all her other friends? Do they not get to mention the nanny then? Seems like a loosing battle with the nanny because Casey told the story(sent mass text message) to all her friends.
And finally what the heck was Jose thinking with Mr. Adams(?) today? The other attorney that went to see Casey. All I can say is thank the lord JP stopped him.
Unfortunately Cindy and George have been called names for more than two years, They were the only ones who ever gave Caylee the love she did have in her beginning years. I wonder why after all has been said and done is it just now that respect is called for. To be in Cindy and George's shoes the public ridicule and blog damage has been done, I doubt if they will ever be able to see any of us who have been disrespectful all this time as changed or now being respectful. If I am called a bitch, I will always be a bitch in that call. Cindy and George know they are looked at or maybe I should say they know people can not stand to look at them except as being the ultimate in human failure. I think it has from the beginning been horribly disrespectful to Caylee Marie Anthony to have "created" cause for bashing her grandparents. In doing so we have shown disdain for Caylee herself, because she loved them. No doubt about that is there? Caylee had no beginning except for the love and care Cindy and George gave her. It is believed Caylee had her end here on this earth possibly by the one who she needed to love her the most and I for one believe Cindy and George had every thought that the beauty Caylee brought into their home would last forever, believing Casey would be a loving caring mom. They had hope just like we all have about our family. Theirs as do many others may as well have had a bomb go off in their insides.
Well I think the defense had a better day yesterday than today that's for sure! Putting a former member of your own legal team on the stand! I found myself wondering if Mr Adams was "let go" or suggested he quit just to put him on the stand. He might just be another to jump ship but it looked awfully danged convenient to me.
I imagine Perry will divide up what is allowed of the officer's testimony along with that of the family in the home into what was said before the cuffing and what was said after. It sounds like there were 2 parallel discussions going on about 2 completely different crimes.
Today is another story.. omg. It was entirely about Baez!!! I don't think his "interferance with counsel" is going to fly. It's too obvious he's read a whole lot into stuff that just isn't there. Over and over the Anthonys were told by LE that they can't talk to Casey only the family can. He's "insinuating" that they were being used as plants but it didn't look to me like the hard evidence needed to prove it was there. After today, though, I realize why the prosecution doesn't think it's necessary to include all evidence in the hearing. That way if the judge throws something out, they have plenty in reserve to do the deed instead.
I think the two I listened to most and loved watching was Uri Melich yesterday and Lee today. Melich is such a careful seasoned witness it showed, and Lee is just honest. Amazing that 2 siblings are polar opposites in honesty.
I'm to the point of feeling a bit of sympathy for the Anthonys. They are aging rapidly under all the strain and that's probably why Casey was crying yesterday. George looks and acts like he's on the edge of losing it for good. I thought Bill Shaeffer's commentary that that little walk Casey had with Posey just could give them her motive. She told him "her parents want to take her child from her".
BILL SHEAFFER: Pre-Hearing Analysis Of Day 2
Wow! Great post, great comments. Joy- You got it right, the Supremes just muddied up the supposedly hard-and-fast rules for Mirandizing a few short years ago now. LOTS of peeps (who aren't perps) get cuffed for the convenience and safety of the officers involved, or other reasons- for instance, sometimes as a ploy to show another party at the scene that the peep being cuffed is not cooperating with LE when actually the reverse is true.
Here's a true story regarding an interesting Miranda dilemma- Two dealers and their 16 yo slummin' high schooler "girlfriends" are arguing over big bags of weed in the nasty lil' apartment of the one of 'em. Dude who lives there hauls out his huge machete from the bedroom closet and starts hacking the other guy to death- in front of the terrified girlies (who probably wished they had not cut class that day). After he's got the dude in large pieces he drops the machete, and stumbles out of the apartment and down the stoop, soaked in blood. The girlies are shrieking, the neighbors call 911. Cop was close by and rolls right up. Perp right there, teetering around- cops sees all the blood and the hears the girls and thinks this guy might be shot- he's teetering around. He sits him on the sidewalk, telling him not to move, tries to find the "wound", tells him to stay still, don't lose anymore blood, etc. Ambulance on the way! Perp mumbles something that sounds like "I had to do it" or "He made me do it". A Confession! BUT he hadn't been Mirandized! It isn't until the perp is being attended to by the EMTs and backup shows the cop is free to attend to the girls and finds the hacked up guy- OOPS!
Now, you know what position the defense took on the "confession"! Fortunately, ruled IN- because of the uniqueness of the situation and the undoubted belief that the cop had had that the perp was really a victim in great urgent need of immediate help, a narrow reading of Miranda just should not apply. Caylee was def. a MISSING CHILD at that point, in great urgent need of immediate help- I'm not terribly concerned this evening that it follows a narrow interpretation of Miranda holds....
Hi Laurali,
Very well said. I have to agree.
Hi Dave,
Great article.
I guess Baez does not know the difference between detained and arrested.
I am probably imagining things, but during a break in court today, I looked up and thought I saw you abruptly move, then walk over to the Officer at the door. It looked like you said "Did you see that?" to the officer, and he replied with something like yes, I saw that. Maybe I was just watching the computer too much today.
Dave: This is a beautifully written post. I was so discouraged after yesterday though, that I just couldn't find the words to comment.
For the life of me, I just can't see what law enforcement did that was so wrong. They admitted the young officer made an error with the cuffs.
With all my efforts at reading the discovery and watching all the hearings, I conclude that Miss Casey never felt under arrest, contained in a 'cage' or threatened in any way that night. (But then, I'm wooden headed when I don't want to see something, I guess.) Also, the pictures from the 16th, speak a thousand words, imho.
However, today was a better day; so, my outlook is more positive. It really annoyed me, though, when Mr. Baez was belabouring the point of Sgt. Allen stuttering. I think this speaks volumnes about the personal character of Jose Baez, none of it pleasant or complimentary.
Another point I have come up with to cheer myself, is that at the hearing on the 911 calls; I remember being pleasantly surprised when Judge Perry allowed all three of the calls in. So, maybe, just maybe, I will be pleasantly surprised again.
hi dave nice to see you again in court l saw you from my computer.l have a question for you when is the testimony of george before the grand jury going to be heard or is that history?thats a big bummer.if thats allowed there is going to be a big problem between him and casey when he has to admit that he thinks casey did something to caylee and that the car smelled like a dead something was in it.how is this going to play out?have a good night for now .l will read your answer another day.also by the way cindy and george l dont feel sorry for them.they have stopped le to do their proper job with all their lying .maybe someone could feel sorry if they only keep their trap shut otherwise they deserve everything they get.
testing
Hi everyone, I don't think Casey fully understands that this is it. She is still in La la land and enjoying every minute.. I said that I would watch the trial, but I think I will have to turn up volume and not watch. Sorry Dave, will watch to wave only. I wanted to go to Orlando today and take my scissors to cut that hair before she twisted it off. I have never seen anyone shuffle papers and twist her hair for eight hours. What is she doing, writing her book? Sorry had to vent,I still have a very strong urge to shake her and tell her to look at what she has done to her family..
Dave: I think I see a familiar face in this panoramic photo:
Orlando Sentinel Special by Red Huber: See a panoramic view of the Casey Anthony courtroom
Margaret: I enjoyed reading your comment. I've been struggling with the same thought--would I, could I watch; or just listen. I've come to prefer the status hearings.
That hair twisting got on about my last nerve; but I found her to be quite the busy little legal assistant today. She carefully followed the transcripts as Mr. Baez pointed out in line by line format, the supposed attempts by law enforcement to 'coerce' his client. Casey kept impeccable notes regarding any points of testimony she disagreed with. Miss Anthony, imho, was all ears when Mr. Baez had the tape of Mr. Anthony's surreptitious interview played for the court. I believe she is very confident in the abilities of her 'talented' lawyer.
I bet she is sleeping well tonight, dreaming of walking out on the arm of Mr. Mason before summer's end.
One thing I am sure of--she is not giving a second thought to her daughter--she has no regrets. Everyone lies and everyone dies. Right?
Just a thought, might the defense be setting George up to take the fall, or otherwise inadvertantly building a SODDI case against him with their line of questioning?
Dadgum, it's great to see you!
Dave good job!
All, great comments!
Hi Dave... I was wondering if you knew the answer to my question since you are privelaged enough to be in the court room (I am still jealous)
Do you happen to notice if the Judge looks to see Caseys reactions during any of the testimony,does he look to see her self grooming,smiling and joking with her councel and making "notes." Do you think he sees and senses that Casey could care less that her daughter is dead and that she isnt phased that she is charged with her murder...
Any feedback on this matter would be greatly appreciated!! Todays another busy day!! I hope you take this weekend and use it to relax, you deserve it!
Hi Frankie! Good morning everyone.
New Puppy said it is to late to ask for respect for the A's. I agree. I respect them for the love they showed Caylee. However since this has turned into mommy did it not the nanny all respect is gone. I do not have respect for witnesses treating our Court System the way they are. They do it because it is THEIR daughter. You can bet if ZFG sat in the same seat Casey sat they would be loving the prosecutor. To get respect you earn it. They did for 2 years ten months, now not so much. I would want justice for my grand-daughter no matter what and they said they did. Prove it, Caylee is watching you and she wants justice even if that means mommy did it. She deserves justice, no one should be duct taped and discarded as trash. Especially a baby who put all her faith and trust in you to protect her, now do your damn job! They really piss me off, sorry!
Margaret; Thanks. Just another point. Casey never looked up when Cindy George or Lee got off from the stand. She knows there's a camera on her most of the time. She knows how to play to it, give signals of disgust, anger, playfullness, sympathy and of course those wonderful tears of hers. It's all in a days work. And now she is playing secretary, scooping up Baez's papers. I think this is just the start of something a lot more sinister. Oh that pat on B's leg after Cindy said the investigators thought Baez was full of s***. Did Casey think that wouldn't be seen by the Judge or the rest of us? She's a shark, and knows exactly how to play to her Defence team. However, she isn't fooling the rest of us. Enough of my thoughts.
Is it finished already? When are the next hearings scheduled? and what were the results of today's hearings???
Karen, do you know the name of that case? I would love to look it up. I was looking into Miranda today, and I really think that the defense has an uphill battle on this one. Even if they prove to Perry that Casey was a suspect from the time she was cuffed on, if you go back to Rhode Island v Innis, a spontaneous, uncoerced statement from a suspect, who has not yet been read their rights or invoked the right to an attorney, is admissible and not a violation of Miranda. There are also exceptions to Miranda to protect the public, like say when a child is missing. For that, you'd have to go to New York v Quarles. Quarles specifically deals with a guy, who was frisked and the police found a gun on him. He then was read his rights. It was ruled that because the gun posed a public safety that the Miranda Warning was not needed before he was frisked. I think that when you believe a child's life to potentially be in danger, if you are trying to find her, that questions asked of her parent are valid under Quarles. If Casey testifies, all of her previous statements to the police can come in under New York v Harris. You can use statements made by a defendant, who has not been Mirandized, to impeach testimony being given at trial. I would be shocked if Baez won this argument, especially since the court has held previously that Terry stops do not constitute an arrest, nor would a reasonable person believe it would. Her cuffing seems the equivalent of a Terry stop.
In a dramatic moment today, defense attorney Jose Baez apologized to the court and prosecutors at a Casey Anthony hearing.
And that was the end of the contempt-of-court motion against Baez.
Prosecutors had wanted Baez held in contempt for missing a court-ordered deadline. Chief Judge Belvin Perry praised prosecutors and the defense team for settling their differences.
Hal Boedeker: The TV Guy and More
Casey Anthony: An apology from--and a pat for--Jose Baez
(Interesting picture here)
Call me old fashioned BUT touching a man's thigh???? Okay, what is worse.....touching your attorney's thigh in a Courtroom !!!!
I have had a thousand and one thoughts during these hearings and certainly agree with the comments here. The one thing that keeps popping into my head when looking at Casey is "Perfect match for Charlie Sheen."
Newbie~~whose thigh did you touch? Let us in on this revelation. Hey, it is good to see you, btw.
Now that the formalities are aside, who did touch an attorney's thigh? I must have missed out on that.
I can't believe that the hearing will go on again Monday. It seems that the defense has called enough witnesses to the stand to try and prove their point. Maybe they will bring someone in from off the street.
Newbie~~I just checked out the article at the link I posted. So Casey patted Baez' thigh. I guess that would be a fringe benefit. Casey seems to be smitten by her lead attorney as revealed in all those flirtacious smiles.
I am sitting on the fence as far as Judge Perry's ruling on the Miranda Rights and Casey's statements being supress although I am leaning toward a denial of the motion. The motion trying to prove that LE had Cindy, George and Lee acting for agents of the state is hogwash. The main priority was to find a then missing child who may have been in harm's way. I predict that motion will be denied on the merits that LE had a job to do in trying to find Caylee.