Thursday morning, testimony continued in the Defendant's Motion to Suppress Statements of Law Enforcement. As I mentioned yesterday, the point of the testimony the defense is presenting is to try to show that LE considered Casey Anthony a suspect in Caylee's disappearance very early on; that she was effectively in custody (a reasonable person in the same position would not feel free to leave); and that they failed to Mirandize her in violation of her constitutional rights.
The first witness the defense called was Sgt. Hosey, the supervisor on scene the night of July 15, 2008. He did not recall seeing Anthony cuffed or instruct that the cuffs be removed, but through events that unfolded since, he realized that he did say to uncuff her. Jose Baez showed Hosey his deposition where Hosey denied knowing Casey was cuffed and asked, "Not only do you now remember she was handcuffed, but that you told someone to remove the cuffs?"
Turns out Hosey had watched or heard some media reports of others' testimony and realized he had indeed instructed that she be uncuffed. Witnesses are not supposed to talk to each other or watch media about the case. He said he didn't hear it on purpose, that it came on the news while he was dressing, but he already knew of it by that point. Baez also brought out that Hosey did not include any statements Casey made to him in his report, but now (2+ yrs later) he's testifying that she said things to lead him to believe this was a domestic incident rather than a criminal one. He was a very poor witness as an LEO, in my opinion.
Burdick somewhat repaired the damage on cross by pointing out that she, herself, had actually told Hosey that Deputy Eberlin had said Hosey directed the cuffs be removed. She also established that Hosey was under the impression this was more a domestic squabble type situation than anything else. He walked with Casey outside and she told him Caylee was fine, that her overbearing mother was just trying to cause trouble. This is important because it helps show that LE did not consider Casey a suspect at that time and had no cause to Mirandize her.
The final witness called for this motion was Sgt. John Allen. Baez asked him whether, when he picked Casey up for the trip to Universal, he told George or Cindy Anthony that she might not be coming back as George and Cindy claim. Sgt. Allen said he did NOT tell them that. With that, the hearing on this particular motion was concluded.
Update: Defense's Motion DENIED by Judge Perry's Order signed 18 March. Anthony's statements made to LE are not suppressed and will be allowed at trial.
Motion to Suppress Defendant's Statements Made to Anthonys, et al.
Result: George Anthony returned to the stand for this motion. Baez attempted to show that LE interacted differently with the family once they learned Casey had retained counsel; that they were slyly implying to George that Baez was part of the problem and wanted George to go around him to get answers from Casey; that George was so desperate, he would've done anything suggested to find Caylee and keep Casey safe.
When George rode with LE to the jail for an attempted visit with Casey, he was surreptitiously recorded during the ride. When George learned of this, he felt used because he thought he'd bonded with these guys and that they were all just talking freely and working together. Baez wants to show that LE was using George's emotions and fears to manipulate him to circumvent the system and get info from Casey for LE, i.e., to act as their agent. (Turns out an attorney for the Baez firm was at the jail and did not allow the visit with Casey to happen.)
On cross-examination, George became upset and contentious again. He told Linda Drane Burdick, the state's attorney, that he wanted to challenge her; that he wanted her to change places with him. He talked out of turn quite a bit. The judge had to finally step in and tell him to just answer the questions. Burdick elicited from George that his family would have investigated and done all they could to find Caylee regardless of law enforcement involvement; however, when asked whose agent he was, George maintained he was acting as an agent for the FBI and Orange County Sheriff's Office.
Gabriel Adam, who was employed as attorney in the Baez firm in August 2008, testified that the night George tried to come see Casey, he happened to be at the jail. He said that he felt something was just off, that the staff made him wait much longer than usual. He saw Sgt. Allen and asked what he was doing there. When he learned George was there to see Casey, he did not allow that meeting to happen.
Lee Anthony was then called to the stand. Lee testified on direct that he'd made notes of things LE needed to know and when he visited Casey in jail, attempted to ask some of those things. Said he would've passed the info on to LE. Lee told Casey there was a court mail system and that she could bypass her attorney and avoid having anyone read letters she might want to send to the family by using it. He encouraged Casey to go around her attorney to communicate with him and her parents. Baez contends this was at the behest of LE, making Lee their agent.
Burdick easily established that Lee was eager and determined to investigate on his own; that he would've made calls, reached out to Casey's friends, tried to get info from her regardless of LE and was not acting as an agent of the state.
Sgt. Moonsammy at the jail testified that he was directed to retrieve a letter from Casey. He had to leave for a bit and told Officer Baker to get the letter when it was ready. As she said in her own testimony, she did so. Moonsammy then gave it to Major Johnson (this was the letter Casey wrote to the Sheriff).
Sgt. John Allen was called next. He testified that the Anthonys brought concerns to LE about Baez and advised them LE could not talk to Casey directly unless she reached out to them. He will return Friday to continue testimony.
Update: Defense's Motion DENIED by Judge Perry's Order signed 18 March. Anthony's statements made to her family and others are not suppressed and will be allowed at trial.
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