To kick things off this morning, an attorney for George and Cindy Anthony asked the court to release them from witness sequestration so that they can sit in on testimony from others. The state argued against that, saying allowing them to hear testimony from LE and others could influence their own testimony. Judge Perry agreed, saying he also believes it could color their testimony. As a compromise, George and Cindy were allowed to testify first today; they may now return to the courtroom if they wish. That ruling was for today only.
Defense attorney Jose Baez tried to take the proceedings out of order by asking to be heard on what he called "attacks on defendant's counsel" because defendant "deserves" to have that resolved right off the bat. (He's referring to the state's motions to show cause and for contempt.) Judge Perry said no, that they would take things in the originally planned order.
The following motions were heard today (click titles to read full text of motions):
Defense contends that the video recording of defendant in the jail's medical clinic, when she learned of remains being found, was set up specifically to elicit a reaction from her; that said reaction is irrelevant to the case; that the prejudicial nature of the video outweighs any probative value.
Result: The state is not going to try to introduce the video, so this motion is now moot.
Motion to Quash Subpoenas and/or for Protective OrderThis motion is brought by Orange County on behalf of its Corrections Department. The defense has subpoenaed several Corrections employees for the entirety of the two-day hearings. The county contends that three of these employees (administrative/records employees Lt. Deanne Adams and Officer Cindy Corrado, along with Mary Jo Dykes, RN) have not been listed as witnesses in the case and have never even been interviewed or deposed; therefore, the subpoenas requiring their presence should be quashed.
If the subpoenas are not quashed, the county asks for a protective order specifying a time/day for appearance of these witnesses (along with three others who actually have been deposed) because it is unduly burdensome on the county and taxpayers to require these six employees to spend up to two full days waiting to be called as witnesses.
Result: The nurse has been released from subpoena; all others are required to be on 2-hr. standby.
Motion to Suppress Defendant's Statements to Law Enforcement
Defense contends that statements made by defendant to law enforcement should be suppressed because law enforcement had custody and control of the defendant to the point that she did not feel free to leave their presence, and that they should have advised her of her Miranda rights at that point, but didn't. They contend that from her handcuffing the evening of July 15, 2008, through her "formal" arrest, any statements she made to law enforcement should be thrown out on the basis of failure to Mirandize.
Result: So far, both George and Cindy Anthony have testified. Cindy seemed a bit weaker in spirit than in the past, but you could see the wheels spinning when she would hesitate before answering cross-exam questions -- she wants to be sure she gives the "right" answer. When she stumbled, she addressed the state's attorney by first name and said (paraphrasing), "Linda, this is very difficult for me...I'm not stupid, just distressed."
George, on the other hand, was contentious and angry with Burdick in several exchanges -- he stated the lack of an Amber Alert being issued was a sore point; in another instance, he accused Burdick of trying to put words in his mouth; in one exchange, the Judge had to actually call him down and tell him to answer yes or no.
It is very obvious these two got the memo about how the defense needs to have the questions answered and which points to try to drive home. Regardless, Burdick patiently and deftly elicited from both that officers were at the home at the request of the family, never coerced or intimidated any of them, and that Casey was very cooperative, freely and voluntarily speaking with officers and going to Universal with Det. Melich to Universal.
In other words, Burdick dismantled the direct testimony of Mr. and Mrs. Anthony which attempted to show that, to the family, Casey was effectively "in custody" or "under arrest" and should have been Mirandized.
Deputy Ryan Eberlin testified that he handcuffed Casey after Cindy told him that she didn't want LE to leave unless/until Casey revealed Caylee's whereabouts and that if pressing charges against her for fraudulent use of Cindy's credit cards was necessary, to go for it. Eberlin walked a cuffed Casey to his car and placed her inside. His supervisor saw her in cuffs and directed Eberlin to remove them. Eberlin said the time from cuffing to removing cuffs was no more than 4-5 minutes, and that that was the only time she wouldn't have been free to leave if she'd wanted to.
*More testimony coming up on this motion after the lunch break. Will update when finished.
Deputy Adriana Acevedo testified that she took Casey in her patrol car to Sawgrass Apartments so that she could point out the last place she saw Caylee. Her supervisor followed in his car. Upon arrival, Casey pointed out to the supervisor where the apartment was while she and Acevedo remained in the latter's patrol car. Casey was in the car a total of 35 mins, from leaving her home, traveling to Sawgrass, and returning home.
The defense made much of Casey being seated in rear (caged) part of vehicle, attempting to show Casey was in custody and not free to leave if she wanted. Acevedo said it is her standard procedure to pat down all witness passengers and have them sit in rear of car. She also said she advised Casey prior to going that she didn't have to do it and could speak up and call it off anytime she wanted.
Detective Yuri Melich testified this afternoon as well. Defense counsel Baez tried his best to get Melich to admit that he was suspicious of Casey from the get-go. Melich did not give Baez what he wanted. Melich said that, even though some of Casey's statements were odd, he considered her first and foremost the mother of a missing child and treated her as such.
Melich said he did not consider Anthony a suspect the night/early morning he was brought into the case. Even after he learned from security at Universal that Casey's claim of working/having an office there was false, he felt there must be more to it since he just couldn't fathom someone lying to that extent. He never Mirandized Anthony before or after her arrest. After arrest, he did not directly question her, he said, but relayed information to her and made small talk.
Baez was so desperate to get Melich to admit to viewing Casey as a suspect early on that he made his client look guilty as hell in an attempt to win the point with Melich. He kept asking, "Even after you discovered/she told you ______ [fill in blank with one Casey-lie or another], you STILL didn't see her as suspicious?"
At one point, Melich brilliantly asked Baez what it was Casey had told him up to that point that he could know wasn't true. Baez stumbled in answering, realizing for the first time, I think, the terribly negative and deceptive picture he'd painted of his client during his questioning of Melich.
Melich said he found some things interesting and curious, but that he continued to view Anthony as the parent of a missing child. After the Universal Studio lies, though, he became suspicious. Baez attempted to get Melich to admit that Casey was effectively in custody while being interviewed at Universal. Melich did not cede that point.
As with the other LE witnesses, Burdick ably walked Melich through the timeline and events of late evening/early morning July 15/16 2008, eliciting that he never gave Casey or her parents any indication whatsoever that Casey wasn't free to move about or leave if she so chose. Anthony behaved cooperatively, never asked if she were under arrest, never asked to use a phone, never asked to go home, never asked for her parents, never asked for an attorney.
Cheney Mason was more effective as an examiner with earlier witnesses than Baez was in his direct exams, especially that of Melich. In my opinion, Baez should have left the questioning of Melich to the more experienced Mason.
Almost the entire day was spent on this one motion, and it isn't even finished yet. Hopefully, there will be time to hear the rest of the motions Thursday, but I wouldn't count on it. I'll be live-tweeting Thursday's proceedings: @TrialNotes
Please note that I try to be as accurate as possible but am bound to make mistakes. Corrections/clarification always welcome!
Defense contends that statements made by defendant to law enforcement should be suppressed because law enforcement had custody and control of the defendant to the point that she did not feel free to leave their presence, and that they should have advised her of her Miranda rights at that point, but didn't. They contend that from her handcuffing the evening of July 15, 2008, through her "formal" arrest, any statements she made to law enforcement should be thrown out on the basis of failure to Mirandize.
Result: So far, both George and Cindy Anthony have testified. Cindy seemed a bit weaker in spirit than in the past, but you could see the wheels spinning when she would hesitate before answering cross-exam questions -- she wants to be sure she gives the "right" answer. When she stumbled, she addressed the state's attorney by first name and said (paraphrasing), "Linda, this is very difficult for me...I'm not stupid, just distressed."
George, on the other hand, was contentious and angry with Burdick in several exchanges -- he stated the lack of an Amber Alert being issued was a sore point; in another instance, he accused Burdick of trying to put words in his mouth; in one exchange, the Judge had to actually call him down and tell him to answer yes or no.
It is very obvious these two got the memo about how the defense needs to have the questions answered and which points to try to drive home. Regardless, Burdick patiently and deftly elicited from both that officers were at the home at the request of the family, never coerced or intimidated any of them, and that Casey was very cooperative, freely and voluntarily speaking with officers and going to Universal with Det. Melich to Universal.
In other words, Burdick dismantled the direct testimony of Mr. and Mrs. Anthony which attempted to show that, to the family, Casey was effectively "in custody" or "under arrest" and should have been Mirandized.
Deputy Ryan Eberlin testified that he handcuffed Casey after Cindy told him that she didn't want LE to leave unless/until Casey revealed Caylee's whereabouts and that if pressing charges against her for fraudulent use of Cindy's credit cards was necessary, to go for it. Eberlin walked a cuffed Casey to his car and placed her inside. His supervisor saw her in cuffs and directed Eberlin to remove them. Eberlin said the time from cuffing to removing cuffs was no more than 4-5 minutes, and that that was the only time she wouldn't have been free to leave if she'd wanted to.
*More testimony coming up on this motion after the lunch break. Will update when finished.
Deputy Adriana Acevedo testified that she took Casey in her patrol car to Sawgrass Apartments so that she could point out the last place she saw Caylee. Her supervisor followed in his car. Upon arrival, Casey pointed out to the supervisor where the apartment was while she and Acevedo remained in the latter's patrol car. Casey was in the car a total of 35 mins, from leaving her home, traveling to Sawgrass, and returning home.
The defense made much of Casey being seated in rear (caged) part of vehicle, attempting to show Casey was in custody and not free to leave if she wanted. Acevedo said it is her standard procedure to pat down all witness passengers and have them sit in rear of car. She also said she advised Casey prior to going that she didn't have to do it and could speak up and call it off anytime she wanted.
Detective Yuri Melich testified this afternoon as well. Defense counsel Baez tried his best to get Melich to admit that he was suspicious of Casey from the get-go. Melich did not give Baez what he wanted. Melich said that, even though some of Casey's statements were odd, he considered her first and foremost the mother of a missing child and treated her as such.
Melich said he did not consider Anthony a suspect the night/early morning he was brought into the case. Even after he learned from security at Universal that Casey's claim of working/having an office there was false, he felt there must be more to it since he just couldn't fathom someone lying to that extent. He never Mirandized Anthony before or after her arrest. After arrest, he did not directly question her, he said, but relayed information to her and made small talk.
Baez was so desperate to get Melich to admit to viewing Casey as a suspect early on that he made his client look guilty as hell in an attempt to win the point with Melich. He kept asking, "Even after you discovered/she told you ______ [fill in blank with one Casey-lie or another], you STILL didn't see her as suspicious?"
At one point, Melich brilliantly asked Baez what it was Casey had told him up to that point that he could know wasn't true. Baez stumbled in answering, realizing for the first time, I think, the terribly negative and deceptive picture he'd painted of his client during his questioning of Melich.
Melich said he found some things interesting and curious, but that he continued to view Anthony as the parent of a missing child. After the Universal Studio lies, though, he became suspicious. Baez attempted to get Melich to admit that Casey was effectively in custody while being interviewed at Universal. Melich did not cede that point.
As with the other LE witnesses, Burdick ably walked Melich through the timeline and events of late evening/early morning July 15/16 2008, eliciting that he never gave Casey or her parents any indication whatsoever that Casey wasn't free to move about or leave if she so chose. Anthony behaved cooperatively, never asked if she were under arrest, never asked to use a phone, never asked to go home, never asked for her parents, never asked for an attorney.
Cheney Mason was more effective as an examiner with earlier witnesses than Baez was in his direct exams, especially that of Melich. In my opinion, Baez should have left the questioning of Melich to the more experienced Mason.
Almost the entire day was spent on this one motion, and it isn't even finished yet. Hopefully, there will be time to hear the rest of the motions Thursday, but I wouldn't count on it. I'll be live-tweeting Thursday's proceedings: @TrialNotes
Please note that I try to be as accurate as possible but am bound to make mistakes. Corrections/clarification always welcome!
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