• Photo
Casey Anthony smiles before the start of her sentencing hearing in Orlando, Fla.

Casey Anthony smiles before the start of her sentencing hearing in Orlando, Fla., Thursday, July 7, 2011. (AP Photo/Joe Burbank, Pool)

  • More Featured Content
Aerial photos of OKC tornado damage
Aerial photos of OKC tornado damage

A tornado roared through Oklahoma City suburbs, flattening …

Medical examiner: 24 dead in Oklahoma twister
Medical examiner: 24 dead in OK twister

The state medical examiner's office has revised the death toll …

President Obama speaks on Oklahoma disaster
Obama: Oklahoma needs help right away

DEVELOPING: Obama to tornado victims: You face long road …

Oklahoma twister tracked path of 1999 tornado
OK twister tracked path of 1999 tornado

Monday's powerful tornado in suburban Oklahoma City loosely …

Video: Witnesses reflect on OKC tornado
Video: Witnesses reflect on OKC tornado

Witnesses give a first-hand account of the tornado that ripped …

Advertisement
  • Report It!

When you see it happening - Report It!

When you know it's going on, when you see it happening  - Report It!

Panel hears Anthony's appeal on misdemeanor counts

Anthony was acquitted in 2011

Updated: Tuesday, 08 Jan 2013, 11:18 AM MST
Published : Tuesday, 08 Jan 2013, 5:03 AM MST

DAYTONA BEACH, Fla. (AP) — A Florida appellate court is being asked Tuesday to decide whether Casey Anthony was in police custody when she made statements that led to her being convicted of four counts of lying to law enforcement officers.

Anthony's attorneys are appealing the misdemeanor convictions on the grounds that her statements were inadmissible at her murder trial since she hadn't been read her Miranda rights, which warn suspects that they can remain silent and that their statements can be used against them in court. The three judges on the Fifth District Court of Appeals aren't expected to rule Tuesday.

Anthony was acquitted in 2011 of murdering her 2-year-old daughter, Caylee.

After Caylee disappeared in the summer of 2008, Anthony told investigators that a babysitter named Zenaida Gonzalez had kidnapped her daughter, that she worked at Universal Studios, that she had told co-workers about Caylee's disappearance and that she had recently received a phone call from her daughter. All of the statements were lies and were the basis for her misdemeanor convictions.

Anthony's attorneys argued that because Anthony had been handcuffed and placed in a squad car, she was effectively under arrest and should have had her Miranda rights read to her. They also argue that her convictions on four similar charges stemming from a single encounter with police represents double jeopardy — a person's constitutional protection from being punished multiple times for one offense.

Attorneys for prosecutors argued that the trial judge was correct to allow the statements to be used. They said that Anthony only was handcuffed because her mother thought she would flee and not help them try to locate Caylee. They also noted that a supervisor ordered a detective to take the handcuffs off Anthony a few minutes later.

The appellate court's decision could affect how Anthony testifies in a civil lawsuit. A woman with the name Zenaida Gonzalez sued Anthony, claiming her reputation had been ruined. Anthony has used the pending appeal to delay questioning in the lawsuit. The trial over the lawsuit has been postponed indefinitely until the appellate court rules.

  • Comments
Comment With KRQE.com's commenting system, you don't need to register. You can login with an existing Facebook, Yahoo!, Google, or Twitter account and more. 
 

powered by Disqus

Report It to KRQE News 13

Advertisement
Advertisement

Advertisement

Explore Featured Content »