By Jen Heger – Radar Assistant Managing Editor
Zenaida Gonzalez is suing Casey for defamation after the Florida mom told cops that a woman with a similar name had kidnapped Caylee. During Casey’s deposition in the proceedings last year, she refused to answer many of the questions posed by Gonzalez’s lawyer, and invoked the fifth amendment against self-incrimination because she is appealing her conviction for lying to law enforcement.
Casey’s lawyers formally filed the appellate brief in the Ninth Judicial Circuit in Orange County, Florida on June 11, and Gonzalez’s lawyers believe that this will help their case.
“She [Casey] has just filed her initial brief. If she wins her appeal and the charges are thrown out, then there is no fifth amendment privilege and we expect her to talk at trial,” John Dill, one of the lawyers repping Gonzalez told RadarOnline.com exclusively.
“If she loses her appeal, we believe she will have to talk as well because there is no criminal charge pending. So resolution of her appeal one way or the other is helpful to us.”
The crux of Casey’s appeal for lying to cops is that she was never given her Miranda rights when she was arrested on suspicion of murdering Caylee.
“The record establishes that the Appellant was placed under arrest, never Mirandized, and subsequently interrogated. Either the statements occurred at the Appellant’s residence or Universal Studios. At both locations, the Appellant was in custody…At Universal Studios, the Appellant was in custody, placed in a small room for questioning by three members of law enforcement, confronted with evidence against her for an extended period of time, and never informed of her rights under Miranda,” the court docs state.
“In either scenario, the Appellant’s statements were involuntary and therefore, the lower court erred in denying the Appellant’s motion to suppress.”
Team Anthony contends jurors never should have heard those statements from Casey during the murder trial of Caylee, and that her conviction for lying to cops be tossed.
Meanwhile, Casey has been unable to land a book deal because publishers are afraid of the backlash from the public.
“Casey’s camp have been in talks with major publishers in New York City, Los Angeles, and Seattle, and the response has been lukewarm at best. All of the publishers have expressed reluctance to work with Casey Anthony because of the anticipated backlash from the public,” a source close to the situation exclusively told RadarOnline.com.
“Casey was recently voted one of the most hated people in the United States, and the publishers are aware of this. Casey has a story to tell, and wants to get it out there, but it’s looking like it’s going to be a laborious process to lock down a deal for her.”
Gonzalez’s lawsuit against Casey is expected to go to trial in January 2013, and she will be forced to testify.
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