Interesting Development in the Casey Anthony Case

[Feralpeg]

Hearings were held today to determine whether information obtained the first day police became involved in the case can be used during the trial. The defense does not want the testimony to be heard.

Strangely, the lead detective on the case and the police officer first on the scene both testified that Casey was never read her Miranda rights. The police officer first on the scene did place her in handcuffs and put her in his patrol car, but was later called by his supervisor and told to take the cuffs off of her.

That was the day that Cindy Anthony called the police to the Anthony house and asked that they arrest Casey on fraud charges. Cindy said it was the only way to make sure that Casey did not leave before telling them where Caylee was.

The defense made a really big deal about it today that Casey was not read her rights before giving a statement to the police. It will be interesting to see how this plays out.

 

[sunnyday123]

I would be absolutely horrified if she got off on a technicality.

 

[Luv'sTink]

That poor baby. RIP Caylee. It would be very sad if she got off on a technicality.

 

[wdwmom0f3]

I would be absolutely horrified if she got off on a technicality.

I hope she doesn't get off due to this. You would think that all police officers would know to do this, especially with a case like that.

 

[brockash]

I hope she doesn't get off due to this. You would think that all police officers would know to do this, especially with a case like that.

Yeah, but on that day they didn't know it was "a case like that." Just goes to show that you have to follow procedure ALWAYS, because you never know what you're dealing with. I too, hope she doesn't get off on a technicality.

 

[a1tinkfans]

Im surprised this hasn't been all over the news today.
Think that the "miranda rights" not having been read to her had something to do with her dad, also in law enforcement....trying to "downplay or protect one of their own"....at that time, if you recall they had no idea it was going to turn into a murder investigation of Casey for her daughters murder.....it would be sickening if a technicality was the demise of this case.........RIP baby girl!

 

[Liberty Belle]

I will be furious!

This has gone on long enough.

 

[MoniqueU]

I am seriously doubting she will get off, there were plenty of statements and lots of evidence way after the first time they met with her. Justice will be served.

 

[Lisa loves Pooh]

I am seriously doubting she will get off, there were plenty of statements and lots of evidence way after the first time they met with her. Justice will be served.

I agree.

 

[NEVERENOUGHWDW]

I would be absolutely horrified if she got off on a technicality.

Me too.....
That woman should never see the light of day again.

 

[JaneBanks]

Well, the SA is arguing that Casey gave her written statement first, then she was hand cuffed for 3-4 minutes but was NOT in custody so she technically DIDN'T need her Miranda rights given to her.

We'll see how the judge rules! If he decides with the defense, then any statements that Casey made before her arrest would be thrown out.

I personally think that she will still be found guilty if this happens.

 

[MaryAnnDVC]

I would be absolutely horrified if she got off on a technicality.

Me too. But I've been shocked before by the outcome of cases (OJ murder trial, for one).

I am seriously doubting she will get off, there were plenty of statements and lots of evidence way after the first time they met with her. Justice will be served.

Hope so. I've been following this story since the beginning, and looking forward to the trial in May and justice being served.

 

[Buckalew11]

Me too. But I've been shocked before by the outcome of cases (OJ murder trial, for one).Hope so. I've been following this story since the beginning, and looking forward to the trial in May and justice being served.

We found you!!


I saw this on the Today Show this morning. What they said was that if this thrown out then she probably will not get the death penalty. They did not make it sound like she'd get off totally because of this screw up. However, the legal person said in RL being handcuffed doesn't always mean you're arrested and in custody so not reading them before might not matter.

hoping for justice for that sweet innocent baby.

 

[disneymarie]

Being read her Miranda rights for the fraud, may have nothing to do when she became to police focus for Murder, or disappearance in dd. that interview she would become the focus and have the right to remain silent or waive her rights. If I recall Casey waived "Those" rights acting that she had nothing to hide and it was giving statements of the Nanny.

So a technicality of custody over the fraud, may not at all related to the murder charge. I really do not think she was charged with murder for quit some time after the fraud.
Remember they had no body, and only a missing so called care giver and child

The police officer can handcuff, arrest take you into custody, charge and send to trial w/o ever reading the rights AS long as he does not question you.
Then you can speak...
But frankly I can not imagine why anyone would give up their right to remain silent. The burden is on the prosecution to make his prim a fascia case, and prove guilt. Not the defendant to prove innocence.

Anyone, and any of their children, your rights are protected, use them and speak to a lawyer.

Do give your name social security no. ID. If BAC test is asked , give it, if a refusal it will be used against you and increase, escalate the situation. The police officer will have his PC already if you are guilty, if you are not the test will clear you. Hopefully no one you know will have a problem with law enforcement.

 

[livie1205]

cops CAN deatain you in cuffs without you being under arrest and not have to read your rights...if they are not placing her under arrest miranda is not needed...most times once they read your rights you ARE going to jail on something.They let her go a few minutes later,sometimes if they think you will take off before they find out what is going on they will cuff someone.It is 100% legal.I think they will ask the judge to decide but I dont think they will get them thrown out....the reason being is IF she thought she was really under arrest and this was something she could use she would have used this way before now, it looks as if her atty is reaching, because the trial is soon and nothing else has worked.