Friday, June 24, 2011

Ryan Eberlin, OCSO, Deputy

Cheney Mason questions the witness.He was dispatched to home on Hopespring Drive. It was the Anthony home. He had never been there before. He was controlling the scense. He saw the Sunfire. He did not smell anything.  He handcuffed  Casey at the home and was instructed to remove them by supervisor.
Burdick>She was handcuffed for 2-3 minutes. She was free to "go about her business." Casey was handcuffed because ....There is objection by Cheney, hearsay. Burdick states he opened the door.  Sidebar.
The juror is removed for a proffer.RE testifies that Cindy came out with receipts and stated Casey stole her credit card and wanted to press charges. He put Casey in car and was going to continue the investigtion into the use of the credit cards.Sgt Hosey told him they were not going to pursue that at this time and told him to release her. This was after Casey gave her written statement and before Yuri Mellich, investigator arrived.
Mason>Mason asks the judge to notify the jury that she is not on trial for  those credit card misuse.allegations
Judge Perry> The defense opened the door to questioning when it asked the witness about the handcuffs. The court will fashion a jury instruction to deal with this.  The judge will allow the line of questioning. He wil read them a stipulation prior to testimony.The jury is returned.
The judge is reading the stipulation to the jury.The deputy testifies that she was handcuffed for a brief time. It was after she gave her written statement. It was after Cindy came to him and said she wanted to press charges for fraudulent use of a credit card. Sgt. Hosey told him to remove the handcuffs. After that Casey was free to go in the house.Detective Mellich arrived later. When Cpt Mellich arrived he was no longer involved in taking any statements. 

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