OH come on, these people aren't 'organized' (/s)
Posted on 07/11/2013 4:59:59 AM PDT by Uncle Chip
Today, July 11th, is DAY #23 (of 5th week) State of Florida V. George Zimmerman case.
Yesterday the defense rested its case. A legal analysis via Professor Jacobson HERE.
From my perspective the entire case ended, as expected, early in the day yesterday when Judge Nelson gave George Zimmerman his personal Platinum Express DCA Acquittal Card. The ruling, and more importantly the legal determination she used on the ruling, regarding the Trayvon Martin phone evidence was an immediate Nuclear DCA option. Nelson essentially ruled against admissibility based on ”authentication”. She could have kept it out under other legal reasoning, but no, she chose the one without the slightest chance of being upheld by a District Court of Appeals. IMHO this was intentional and aligns itself with the way she has ruled during the pre-trial discovery phase, and during the case itself. She’s a rigid ideologue, but she’s not stupid – this was intentional.
By ruling the phone records (texts and pics from Trayvon) cannot be “authenticated” to have originated by the specific personage of Trayvon Martin just gave the dismissal of the case to George Zimmerman with a bow on it.
As it was carefully explained to me, the phone is like a bucket. The data inside the phone is like marbles in a bucket. Some marbles from calls, others from pictures, others from texts, etc. The State brought the bucket into court – and validated the bucket contents with their own witness from the phone company – Both the State and the defense then began arguing their case around the phone call marbles in the bucket – Primarily with Rachel Jeantel. But no-one challenged the bucket itself. The State authenticated the bucket and the content of the bucket during the introduction.
The defense picks up the same bucket the state hands them, and now begins to use the contents – texts and pictures – and then Nelson rules the bucket itself cannot be authenticated. It doesn’t work that way.
If the state authenticates evidence, it cannot be divided and only authentic when the state holds it, but not the defense. Flawed logic – ABSOLUTELY positioned to give such a prejudicial outcome, the appeal would result in dismissal, not retrial. Nelson gave the case away to George Zimmerman.
She could have ruled on relevance, admissibility, or other factors – but she chose the one destined to fail, “authentication”. She gave it away.
In other news, people are catching on to the Eric Holder, Department of Justice, Civil Rights Division, Community Relations Service – being the actual puppeteers behind the entire construct of the false case. To them we say “welcome to the party pal“.
Murder 2, Manslaughter or Not Guilty. Those are the choices.
does that mean they can say he was defending himself but we find him guilty of manslaughter ?
Thanks for the response.
love your verbiage. As a retired English teacher, I even understood what you wrote.
No, self-defense covers all of the charges. If they find self-defense, it is not guilty on all counts.
Another few hours?!?! No way.
Or hung jury.
I think GZ will be acquitted...but it may take a while.
And then the real sh!t will hit the fan.
AMEN add me to that prayer!
I do not think the fan will be fecally impacted.
I think the revelation of the shenanigans with the justice department and the Saint Crayon demonstrations have cast a towel over the fan.
If Obama had a son, he would be abandoned for more golf and more basketball.
In the past year and a half, Tracey Martin and Sabryna Fulton have probably spent more time with lawyers, doing interviews about Trayvon, attending hearings and sitting through this trial, than they spent WITH Trayvon in the 17 years of his life.
Does the jury have a choice of charges even if they find he acted in self defense?
No, self-defense covers all of the charges. If they find self-defense, it is not guilty on all counts.
Thanks. The news media cant bring themselves to be that clear.
Soooo good to see you, too! Still going to PJ?
It's possible, but I am not sure if it was part of TESTIMONY in front of JURY.
And, if they did, do you think they would discuss the “Why”?
If I were a juror, and I heard it, It would make me want to discuss it.
OH come on, these people aren't 'organized' (/s)
If a prosecutor or judge could force a mistrial any time a case wasn't going his way, and get a free do-over, double jeopardy would be pretty meaningless. If defense misconduct or unforeseen circumstances (including a hung jury) cause a mistrial, that's one thing. If, however, a mistrial is a result of prosecutorial or judicial misconduct, however, I don't see any legitimate basis for retrial.
Greta just went off on the east coast and BORe came on with Geraldo. Before I grabbed the remote I hear Geraldo rambling about how the prosecution overcharged...blah, blah. I cannot believe my ears.
His lower legs are muddied consistent with being on his knees pounding on Z.
Good point.
Nope. If a travesty happens and Zimmerman is shipped, he will (quite ironically) find support from the Arayn Brotherhood. Seriously.
I don’t know what you’re referring to. You must have me confused with someone else.
It’s good to see you here. We’ve been having a blast with this trial every day.
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