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)
I am truly suspect of George's defensive attitude. And also disqusted by it.
I am going to go out on a limb and say the JP will deny the motion on the MIranda Rights and the motion that LE had the Anthony's acting as agents of the state. I could be wrong on the Miranda motion, but how many times do you see on the show Cops and in other instances where they put handcuffs on people to separate them and to talk to them when they aren't under arrest or even a suspect? They even go so far as to put people in the back of squad cars handcuffed and then take them out. I think the prosecution proved their case in both of those motions.
Hi, I apologize for my grammer on earlier post.
LauraLi you are right in saying it is to late for the Anthonys to garner any respect. The Anthonys anger is so misguided. Where is their anger towards Casey?
Am I the only one, who thinks that both Cindy and George are lying to the court? I would think that there are recordings of conversations they had with LE. I can't believe that they are trying to make it seem like LE was trying to get them to work for them. If I wanted someone to work for me to break this case, the last people I would want on my side are Chuckles (why can't Lee keep a straight face when he testifies?) and company. I'm just sayin'. I think it's insulting to the intelligence of the court to even entertain this stuff. Both Cindy and George come off as less than credible in this -- no matter how you feel about them. I'm still surprised that neither of them is facing obstruction charges, yet. I guess after you destroy evidence by washing it and give LE the wrong toothbrush and lie about the laptop, what's a little perjury?
Mary Jo I think I'll go out on that limb with you. Casey wasn't mirandized because at the time the missing granddaughter was brought up it became a missing person's case and not just a theft. The stolen auto he said was proven not to be since she had permission to use it, so it came down to the money and the child with the child taking precedence. At that time Casey was just a victim, not a suspect. Any information offered voluntarily in the beginning of an investigation doesn't have to mirandized. So it comes down to the rookie. Will he throw out everything based on one rookie's mistake? I don't think so. Part of it maybe, but not all. They in no way shape or form proved today that police were using the family to do their own investigations. I listened to every one of those video tapes and audio tapes when they first came out and it was always the family bringing it up.
I think Cindy and George's animosity towards the police is only because LE focussed on their daughter and went where the evidence led them instead of where Cindy and George wanted them to go. It all goes back to their controlling personalities. I still gotta give kudos to Uri Melich and Lee. They did great on the stand. All the animosity towards Baez is because he did one thing right from the very beginning. He told an egotistical Casey "I work for you not your mom or dad" .... after that she did everything he asked most importantly keeping her mouth shut even with family. Personally I think Casey enjoyed every moment of torture her parents went through in this. Now after the trial there will just be Casey and a whole pen ful of playmates but no one to shower attention on her.
Hi everyone, is it just me or does anyone else hope this jury is made up of mostly women. It is bad enough watching her with Baez and Mason, but now their PI has run Medina out of her job of babysitting Casey. Soon as baez is gone he hops in the chair and she just coos all over him. Pathetic!!! Poor Lee saying I love you as he walked by her yesterday and she never looks up. With all the times Baby Caylees name has come up, I have yet to see a tear or any sort of recognition of her name at all. She had a blast today, soothing Baez ego. I think Melich did a great job, seemed like he was almost laughing at Baez at times. Other times I think he thought that Baez had totally lost it. I loved his expressions. Casey is going to blow her own case by her own actions. Dave I didn't watch all of todays seaaion, but I didn't see you. Did you sit somewhere else?
Has anyone read Richard Hornsby Blog today? an interesting article about an appeal issue from today that may help Judge Perry make decision on Miranda.
Dave, things are working alot better. I was able to revise comment with no problem.
Joy-
Catching up here. No idea the name of the case (Machete-wielding Drug Dealer vs NYS probably won't bring it up-lol)- happened in the small town I met my husband in and made the Bigger City to the North's news outlets and I never saw where it spread elsewhere's. This particular Small Town clams up- hard to find out anything about anything that happens there. Many unsolved homicides and killers walking around completely protected. Basically, stay away from the drug trafficking and make like you don't see anything. I swear to God, someday I'm writing a novel about that place. I just know about it 'cuz it happened 2 blocks away from the high school and about 5 blocks from our own house- everyone heard about it of course right there. Some time later IIRC the argument went up one level on Appeals, and was tossed. The girls cooperated and they had everything they needed anyway- I'm sure he's in Attica now, and that's about as far as I want to take it in terms of location! Hubby's family still there...
I don't usually like science but it looks like the upcoming Frye hearing is going to be interesting:
Orlando Sentinel story on latest defense testimony documents. I wonder where the documents themselves are?
Conniefl- I just bet Jose's wondering where those documents are too!
Another round of all this on Monday- woo woo...
I still can't get over Casey not acknowledging her father leaving the stand after all that... cold, cold, cold.
conniefl: You can find the docs you mentioned above at this link from WFTV: Transcripts. All you need to do is scroll a little less than half way down the page and you will see this heading in bold print: CASEY DOCS REVEAL DEFENSE EXPERT WITNESSES' TESTIMONY. Then you will notice in red print, the word 'transcripts'.
Kathi Belich has them all neatly listed there for us. If this doesn't work for you, let me know because I have another link for the same docs that you could try.
That is an interesting article, I love this bit from Fairgrieve, regarding the trunk:
"We do have tissue that is of human origin that is giving off decomposition odor," he said. "However, it's quite a leap in logic to say that it is coming from a deceased person."
No, it's from the wounded nanny I suppose... Hey! The Jay Blanchard Park scenario! I'm just amazed Cindy didn't try her hand typing up a script for that...
Karen C.: What do you think is the 'leap in logic' that he is referring to? I was wondering if he means that it could have been a dead animal? For example, a squirrel?
He better come up with something better than that before Mr. Ashton gets him up on the stand.
Nope, he's given away the squirrel- "...tissue that is of human origin..." So, could a leper have been in the trunk?
Karen C.: Well, lol. I read that about ten times before it sunk in. So, the leap in logic must be that we don't know for sure if the tissue is from a living person or a dead person?
I still say he better be prepared for Mr. Ashton.
Maybe I should add that he must mean once we shed our tissue, it can take on the odor of decomposition. I have my doubts about that. (Or, at least, I've never heard that before.)
Or, maybe I should just stop while I'm ahead.
Dave: I just wanted to let you know that your blog is working very good again. I can revise comments, and I don't have to type in those 'strange' letters anymore.
Thanks Nan! I'm going there now. I was so busy yesterday I didn't watch anything until afternoon and did a quick read of everything.. I missed that. I knew I could depend on you to direct me where to find it!
Once we shed our tissue it can take the odor of decomposition. *cough* Has he been near a laundry hamper lately? I don't think so!
Hey, even my son's dirty laundry doesn't smell like decomp. Poor Defense, so many lousy cards in the hand...
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Dave, what you do not know or understand is that SILENCE re: Miranda and questioning by the police means just that. SILENCE. Any response puts the individual under contract with the police and into the process. In order for an individual to maintain his or her 'rights,' SILENCE must be maintained, or questions must be asked in response to questions.
True, Sandy, but what I do understand is that people need to be told of their right to be silent. Please explain to me the purpose of the Miranda warning if you are correct. Why does it exist?
Hah I'm just now seeing this. Dave you devil. Photoshoping Carmen Miranda? TOO FUNNY!