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February 20, 2011

22

throwing a hail mary pass

by Andrea O'Connell

The admissibility of the Universal Studios interview between the Orange County Sheriff’s Office Detectives, Yuri Melich, John Allen, Appie Wells and Casey Anthony, will be argued  during a March 2, 2011 hearing.

Defense counsel, Mr. Cheney Mason, filed a motion to suppress Casey Anthony’s statements.  He asserts that Casey Anthony was effectively in the custody of the police during the time she gave the statements, was not read her Miranda rights, and therefore her constitutional rights were violated. Mr. Mason believes that all statements to the police should be stricken from the trial.

This Defense motion to suppress has been irking me ever since the day it was filed.  Although intellectually I know that the Universal Studio interview and the statement taken by Yuri Melich in the early morning on the 16th, are coming in, it’s never a sure bet until the arguments are heard and the Judge decides.  (I would think that the recording of Casey Anthony at the Police station on the day of her indictment will be kept out of the trial.)

Yesterday, I took the time to listen, for the umpteenth time, to the interview at Universal Studios.  There is no doubt Casey Anthony was speaking willingly and was not coerced. There is no suggestion that Casey was uncomfortable, or there unwillingly.  On the contrary, Casey Anthony agreed she was there willingly to “help” find Caylee:

John Allen:  You’re here willingly, right?

Casey Anthony: Uh-huh. (Affirmative)

JA: You’re here ’cause you want, you’re here to try to help, right?

CA: Oh absolutely.

JA: You’re whole reason for talking to us is, is to try to help, right?

CA: Uh-huh. (Affirmative)

JA: Nobody’s forced you to talk to us, right?

CA: No.

JA: You, you want us, you want us to…. you’re here because you called, you want us to help find your daughter, right?

CA: Uh-huh. (Affirmative)

JA: Now let me, let me ask you something.  I want you to put yourself in, put yourself in some….put yourself in my shoes for a minute okay.  Since you’ve talked to him (meaning Yuri) this morning. In an attempt to try and help find your daughter, you’ve given him bad addresses okay.

CA: Uh-huh. (Affirmative)

JA: You drove me all the way out here. We walked from the gate back here all the way to your office, right?

CA: Uh-huh. (Affirmative)

JA: Okay. The the, to an office that you don’t have. We got all the way to the building into the hallway out here before you finally says, well I really don’t have an office here. But… we were walking to your office, right?

CA: Uh-huh. (Affirmative)

JA: Okay so does any of this make sense to you?

Does this sound like someone being held against their will?  Is it the Detectives’ fault that Casey Anthony made it worse for herself with everything she said?

At age 22, Casey Anthony was considered an adult.  If she were a juvenile, then Cheney Mason might have a reason to file his motion.  What Cheney Mason seems to be forgetting is that on that first day of Police intervention, July 16th, there were no discussions about murder, it was all about finding a missing child.  (Although after having reviewed everything the Detectives must have suspected Caylee was deceased.)

The Detectives were focused on finding Caylee, and Casey Anthony pretended she wanted to find Caylee, too.  In fact, Yuri Melich started the interview off by saying:

YM: Um, the date right now is July 16th, 2008, it’s about 1320 hours.  We’re at Universal Studios I’m here with Sergeant Allen, um, I’m here with Detective Appie wells, um, also here with Casey Anthony.

YM: And Casey, we talked earlier this morning and we’re working a case looking for your daughter Caylee, is that correct?

CA: Yes.

YM: Okay. We came to Universal Studios, we’re sitting in a little conference room.  Obviously the door’s unlocked.  We just closed it so we could have a little privacy and talk to you.

CA: Uh-huh. (Affirmative)

At about page 19 of the 67 page transcript of this interview, John Allen again verifies that Casey Anthony is there willingly.  Casey has just finished telling the Detectives that she knows it’s “backwards” how she’s gone about finding Caylee, and admits they are at Universal because she was “reaching”:

JA:  Why do you think it’s backwards?  It’s backwards because you haven’t been truthful with us okay

CA: ‘Cause I’ve been reaching.

JA: You’ve been reaching, huh?

CA:  I’ve been reaching to try to figure out a place where she actually is.

JA: So, once again okay ’cause you never did answer my question.  Your reaching and helping find her by bringing us here to this office that you don’t have. It’s helping us how?

CA: It’s….

JA: Because what you’re doing right now, is you’re doing everything you can to find your daughter.  You have three experienced detectives right now, whose sole focus is here to help you find your daughter okay.  And we’re here ’cause you brought us here, correct?

CA: Absolutely.

JA: You directed us here because we’re going to your office to find evidence.

CA: Hm.

JA: That will help us find her okay. Now that we’re here I want you to tell me how that’s helping.  What is it we’re doing here, what’s helping us right now okay.

CA: (No verbal response)

JA: Well coming to an office doesn’t exist.

CA: It’s not helping.

Casey Anthony even admits she was lying to the Detectives all along, even though she knew her lying was making it impossible to find Caylee.  However, if Casey Anthony had refused to talk to the detectives, she knew it would have made things even worse for her, so what’s a few lies?  She knew she had to act like she cared about Caylee’s whereabouts, otherwise there would be reason for immediate suspicion of her.  The fact that she dug her self into such a big hole by talking to the Detectives is no one’s fault, certainly not the fault of the Detectives who only wanted to find Caylee.  It’s clear that Casey Anthony, at this point, knows she’s caught, and she’s trying to be as calm as possible to not throw anyone off.

Casey Anthony, however, does not have it in her to show real concern for her daughter.  She doesn’t begin to know how to “act” like a mother who cares, though she is trying, she fails miserably and comes off as being just as Yuri Melich says, “a cold callous person who just doesn’t care.”

This interview is extremely damaging to Casey’s defense.

Is there any wonder the Defense needs to throw this motion as a Hail Mary pass and hope for a miracle?

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22 Comments Post a comment
  1. Sherry
    Feb 20 2011

    Oh, the defense needs a miracle, alright, but the Doer of such ain’t havin’ it, lol!

    I take it that the defense has not one iota of proof that LE screwed up this investigation or they’d be concentrating on that instead of trying to pull the wool over Judge Perry’s eyes with such an inane motion as this one concerning the Miranda Rights. 🙄

    Reply
    • Feb 20 2011

      Hi Sherry! Yup, miracles are usually for tellers of the truth and believers. 🙂

      I bet you’re right that they haven’t got one iota of proof, but they talk a good game nonetheless. I don’t doubt they will “try” to imply that LE was sloppy, but I wonder what proof they have – well, except for the issue with the heart sticker residue – but that can be explained… So, I can’t imagine what they can allege was sloppy….I think they are so overwhelmed right now, so far behind and in the weeds, that they are doing as Casey did: “Reaching” for something to hang their hat on….

      Reply
  2. cali patti
    Feb 20 2011

    I have always been concerned about Caseys Miranda being read to her at the proper times. There is such a fine line between her being the victim and the suspect. I think from the beginning LE looked at her as a suspect but tried their best to treat her as a victim, to be fair and try to be open to her (crazy) suggestions.
    I would not be surprized to learn LE knew Casey was not employed at Universal before going out there. So even thought LE treated her as a victim was their thoughts, by this time, she was a suspect? Does intent come into factor in this?

    Reply
    • Feb 20 2011

      Hi Cali Patti! Yes, you are correct. Yuri Mellich did know that Casey was not employed at Universal. Shortly after he took her for the ride looking for Zeniada’s mother’s house. Yuri dropped Casey back at her home, then headed to Universal. When he found out Casey did not work there, he called John Allen, told him, and John Allen drove to Casey’s house with Appie Wells to bring her to Universal to look for “clues”…. They knew she didn’t work there, they just wanted to see how far she’d go with the story, and what else she was lying about…..
      With regards to her being a suspect, yes, she was suspected of lying to LE, and since it was proven that she had not seen her daughter for 31 days, she was charged with endangerment of a child. But, she was only arrested when they were at the OCSO station and they asked her again, if this was story she was going to stick with? She said yes, they placed her under arrest and Mirandized her. You don’t have to Mirandize a suspect until you place them under arrest. So, this motion will not be successful, I don’t think. 🙂

      Reply
  3. cali patti
    Feb 20 2011

    though = thought

    Reply
  4. Swift Justice
    Feb 20 2011

    No doubt this was the first time in Casey’s life that her actions had ever been questioned in such depth. George nor Cindy ever approached her with her lies as did LE…..at least from what we know of them.
    Casey was digging her hole so deep as she was being questioned, her mini brain couldn’t work fast enough to come up with the right answers for them.
    The detectives were looking for a kidnapped child….however after checking into her background all her lies were crystal clear…..she definitely knew more than what she was telling them and hence, she was no longer just a mother of neglect to her child….but a huge suspect in the disappearance of Caylee.
    Jose is also digging deep….trying to come up with anything that will show that Casey was not afforded her ‘rights’ so they now are using the Miranda angle.
    It won’t work and they know it but again their twisting and finaggeling will only cause that hole to be dug deeper and deeper with them grasping at anything to bring them to the surface for air.

    Reply
    • Feb 20 2011

      Hi Swift Justice…. Great points! Yes, I think this was the first time Casey was being held accountable. Casey ran the show at her house – she walked all over George and Cindy – and they let it happen because they are not emotionally equipped to handle her. Casey still dictates to them. She has decided they don’t deserve to be thought of by her, so she ignores them and never even offers a single nod or a glance at her mother. What Casey doesn’t realize is, once this trial is over, no one will care about her or visit her anymore. Her parents and family will be all she has left. Maybe she’ll change her tune and will agree to see them, or maybe they will denounce her once and for all when they hear the evidence? Well, they’re pretty good at denial, so maybe they’ll keep floating down that river of denial….

      Reply
  5. Linda
    Feb 21 2011

    Hi Andrea Caseys not worried……Jose told her from the very beginning that he would get her off on a technicallity…….Thats what Tracey told the bounty hunter .To me that sounds like Jose knew from the start that she was guilty.I think the defense is just covering all the bases to show they are doing their job….I can’t wait for the next hearing to watch the defense whine and cry about all the work they have to do…..BooHoo……As far as Casey missing her family, in her sick and twisted mind she blames them for her being in jail……its because Cindy made the 911 call and Georges grand jury testimony. Someone needs to remind Casey why she is facing a murder charge…………And her name is Caylee……….hopefully she will get her justice…….and Casey will get life……………

    Reply
    • Feb 21 2011

      Hi Linda! Tracey was really interesting – what a perspective she gave with regard to Casey, and the dynamics in that household when Casey was released.. Amazing! I cannot wait until the March 2 hearing too! I think I will even have to take a vacation day that day so I can watch it in full. 🙂 Things are really getting tense now, and I wonder if Baez met his deadlines? Today was the final deadline… he had a couple expert witness outlines due on the 15th, too. Time will tell.
      I agree that Casey blames her family – she did from the very first day when they arrested her on a “whim” as she said. I wonder if she has any conception of what she’s done? Like Jesse said, she’s capable of telling herself a new story – that’s how sick she is. I think she’s pushed the murder so far back into the outer reaches of her mind that it’s not possible for her to really grasp what she’s done… I cannot for the life of me understand how she gets through a single day with the knowledge that her daughter is gone by her own hands. That’s why I think she has buried it so deeply and there are so many other stories on top of it now that she believes she is really innocent…

      Reply
  6. Mike
    Feb 21 2011

    Black’s Law 5th Edition
    …Term “custody” within statute requiring that petitioner be “in custody” to be entitled to federal habeas corpus relief does not necessarily mean actual physical detention in jail or prison but rather is SYNONYMOUS WITH RESTRAINT OF LIBERTY.
    It doesn’t appear that Casey Anthony was restrained of her liberty. A tough hurdle for Baez and company to get over.

    Reply
    • Feb 21 2011

      Hey Mike, thanks so much for that! i agree, Baez and Company will probably not be able to get over this hurdle. She was not restrained from her liberty at all! It’s clear as day that LE did things by the book, and she was a willing “victim”, or so she wanted LE to believe. I bet the Prosecution can win this motion without calling LE to the stand. But, I bet she’ll have them in the courtroom, ready to testify if necessary.

      Reply
  7. offthecuff
    Feb 21 2011

    Thanks, Andrea, for posting those interviews again. I feel better about the motion being defeated.

    The transcript obviously reads how LE is carefully questioning Casey and asserting that they are there to help and find Caylee. LE knows what they are doing.

    Baez and Casey can come back and state how scared and forced she was to give up info, but Casey will not be testifying and the tapes show the inflections in Casey’s voice, how amicable she is.

    Reply
  8. KCinNC
    Feb 21 2011

    I visit a lot of the better blogs on this case and do not often comment but I wanted to raise something that was mentioned over on Hinky when the first such motion was filed – go back and watch the tape of the preliminary hearing where either Yuri or John Allen was being questioned about this very thing and at that time he was trying to defend against the allegations that ICA was being evasive, was lying and obstructing the investigation. In this hearing, Joze Ole Baez stated and was successful in having LE admit that Casey was answering the questions at Universal willingly, that she went there willingly that she was cooperating – someone needs to ask him now how he can completely contradict that hearing by saying that she was coerced and in custody at Universal. Oh wait – it is Jose and his merry band of idiots – we can pretty much assume that he will contradict himself. What a boob.

    Reply
    • Feb 21 2011

      Hi KCinNC~ Thanks so much for visiting us here! I’m a big fan of the Hinky Meter, too… Val is an outstanding writer and contributor.
      You are ABSOLUTELY right about this – It was Yuri Melich that Baez was questioning…. I wrote a story about that interview and included the script with Baez asking such inane questions regarding Casey never asking for a lawyer, was there willingly, etc. The defense sure has short memories, but more than likely, it’s pure desperation on their part.

      Here’s the article I’m talking about with the transcript of Baez and Yuri: https://andreadreamin.com/2011/01/18/miranda-rights-and-casey-anthony/

      Thank you again for visiting! Hope you come back again and again! 🙂

      Reply
  9. Feb 21 2011

    hello to ya all bozo marie will come up with anything so that they can prolong this trial .thats my thought though.l feel this trial will be a mistrial for some reason unless judge perry puts his foot down on these clowns.all they are doing is digging up stuff from 2008 that they can twist around but it wont likely happen hopefully.there is a lot of proof that le did not force casey marie the killer to say now she was not read her rights thats bull.when they had her go to universal le.knew something was not right with her but they kept her talking.the police are well trained to know when people like the killer are misleading the entire police crowd.bozo can whine all he wants thats all he knows how to do.a proper lawyer does not come up now after almost 3 years to go back from the start of this case and see what they can pick at because they have no defense.if you all remember when there was the bond hearing and bozo marie was asking yuhri melich questions the truth was heard in an open courtroom where he was asked if the killer ever wanted to stop talking to police now and ask for a lawyer and that answer was no she did not say ever wanting a lawyer when she was questioed in a room.she then lied and placed under arrest afrter knowing the killer was taking them on a merry go round.no one should play with the police if you cant tell them the truth why bother casey could have said l aint talking anymore and wanted a lawyer but she was okay with that so she kept on lying just to throw the police off why?only she knows.l dont think judge perry will let this motion be denied period l hope.even the judge knows they have no defense they are not stupid.poor bozo marie just think of something else to bring to the table on your next hearing you big arse.

    Reply
    • Feb 21 2011

      LOL! Annie, you are hilarious AND I agree with you 100 percent. It does seem as if the defense is grabbing at straws and hoping that one of them will become a rope they can swing on.

      Reply
  10. KCinNC
    Feb 21 2011

    Thanks, Andrea. I love THM too and WS, I don’t have much patience for many of the others though because they tend to be forums for a lot of whining and comments on the superficial things such as ICAs clothes or weight and basically just idle chatter that holds no value to me. I want to see the really in-depth facts and conclusions on what those facts really mean, I want to think about things that I have never thought of before even though I have read every single document that has been released to date. The occasional slams on the dream team though are welcome comic relief to what is certainly a very sad case.

    Reply
    • Feb 21 2011

      I hear ya! I feel the same way. I want to go as in depth as possible with regards to the legal stuff…it can be so complicated though. The good thing is I have folks who will correct me when I’m incorrect about the law, and that helps! 🙂

      Reply
  11. Feb 21 2011

    when i watched the video of bozo and yuri, i was flabbergasted. from the line of questioning, if i had not known any better, i would have assumed the prosecution was questioning yuri regarding casey evoking a lawyer. am i plumb crazy or did bozo shoot himself in the foot? le did everything by the book and as yuri pointed out, casey was not a suspect.(until they were at the sheriff’s office)then yuri read her her rights. what the sam hill???

    Reply
    • Feb 21 2011

      Hey Midget48 – Nope, you are not plumb crazy and yes, Baez did shoot himself in the foot! He was trying to make a case for Casey not being a flight risk, but it was a stupid way to go about it. I hope the State remembers the bond hearing and can point out the contradiction with the motion to suppress the police statements.

      LOL! I say What the Sam Hill every day with regards to this case!

      Reply
  12. KCinNC
    Feb 21 2011

    When ISN’T the Latino Wonder shooting himself in the foot? His feet must be swiss cheese by now.

    Reply
  13. Feb 21 2011

    swiss cheese lmbo his brain seems to be the same condition. jmo
    have to go
    have a great day

    Reply

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