Posted on 07/10/2013 5:15:07 AM PDT by Uncle Chip
Today, July 10th, is DAY #22 (of 5th week) State of Florida V. George Zimmerman case.
Yesterday began with a boom as defense expert witness, world renowned Dr Vincent Di Maio took to the stand to validate the forensic evidence supporting George Zimmermans version of the encounter with Trayvon Martin. However, the day ended with an even bigger THUNDERCLAP in an epic 10pm showdown as Don West took on both the State prosecutors and trial Judge Nelson after the jury was released. Ending with Judge Nelson, turning her back and walking out of court. Unreal. A great analysis of the events from yesterday is available HERE.
The late night argument, not by the State, but by Judge Nelson herself, regarding phone evidence authentication, is so weak and insufferably devoid of legal analysis it is absurd on its face. Then again, this is the same judge who said a few days ago, flippantly in open court, that evidence should be shredded (Dr. Bao notes) after use. Doh
Essentially Nelson argued that the phone records (texts and pics from Trayvon) cannot be authenticated to have originated by the specific personage of Trayvon Martin (despite two security codes) because anyone could have sent them. Whiskey*Tango*Foxtrot !!
How can an email be used in a sex offender case? How can phone records be used in RICO cases? How can GPS evidence be used in Insurance Cases? How are photographs taken by perps used against them? Think about it.
You cant argue that evidence cannot be admitted because someone else might have made the actual phone call; Someone else might have physically sent the email; Someone else actually accessed the website; Someone else might have been the driver of the car; Or, someone else could possibly have been behind the viewing lens of the camera etc.
No, that argument does not mean you can arbitrarily exclude evidence. And this was the basis for her argument (watch the video).
Sure, thats an argument which can be presented to the jury by the other side, as a counter point to create doubt with the jury, but it cant be a reasonable consideration for total evidence exclusion. Then again, this is Judge Nelson who in multiple prior cases has a high historical propensity of being overruled by the 5th District Court of Appeals.
It should be noted the NAACP Annual National Convention starts in Orlando on Friday; Additionally, preparations are being made in/around Miami-Dade for a Wednesday defense wrapped up with a community/LEO preparation meeting yesterday.
Hey...that’s Obama Bin Laden!
Odd how the trail from the apartment complex to the courtroom is lined with bodies of LE people who didn’t want to go along with the ‘game’ of ‘hide the evidence’.
Like Serino, and this court employee, and the Chief Medical Examiner, and the Chief of Police, and many others.
Fired, demoted, or placed on admin leave.
Nancy Grace is completely unbearable!
excellent point
wtf tv’s bs saying one of the problems of this trial is that neither side was quite ready to start but the judge pushed it saying to both sides that both of you said you would be ready to go now so we are going now.
LOLOL.
There are many that stood up for justice. I pray they will be blessed for this sacrifice.
Did the City Manager fire them?? Because he was one fierce angry black dude yesterday
The prosecution gave them Trayvon Martin's cell phone database on June 4th, so the defense did not have time to "authenticate" whether it was Martin sending the messages, taking the photos, etc.
2. What and Whose are the txt messages?
Messages about drugs and drug use, fighting, obtaining a gun, and pornographic pictures, presumably Martin's.
3. This image I see on the threads (TMs phone pics) - Are these authentic?
Likely yes.
4. Is TMs THC BAC allowed or not?
Yes, although the defense may not introduce it.
5. Re. the judges bias - Is it a matter of this: She knows that Zimmerman is innocent, she has to give every advantage she can to the State (with her UNbelievable rulings) so that the public (mainly TM supporters) are less likely to cry Foul! ?
I believe the judge may know Z is innocent, but she is still trying to railroad him, in my opinion.
Nancy disGrace is all in on St Martin. Hope GZ sues her for everything she has.
Pray for America to Wake Up
I see a major problem with Judge Nelson’s rulings which may be different that discussed. Nelson has been denying many things which hinders the Defense case. Why is she now hearing official motions during trial and thus leaving the Defense at her mercy. An example is the admittance of toxicology results. Nelson said they could not be used. Now after the State’s case, Defense is allowed to use the results. How does this help with Bao(?). Would have loved to hear this moron explain the marij. in TM’s system.
Another late ruling was on the admissible 911 calls which gave the prosecutor “something” to call those witnesses. It did not work out so well. The current ruling is horrible. Courts have been using photo/video from digital for years. Unless photoshopped they are fine. Nelson is claiming they have to authenticate the info. Not even possible. Imagine a bank robbery on video. You would have to call the viseo manufacturer, installer, technician, custodian, etc... just to use the video. I hope this Judge is removed and disbarred. My fear is promotion to an Appealate Court.
Brady v. Maryland, 373 U.S. 83 (1963) was a landmark United States Supreme Court case in which the prosecution had withheld from the criminal defendant certain evidence.
WTF TV Judge Nelson has been fair in her rulings
I like your tartan!
So Crump (An Officer of the Court)tampered with Evidence in a Murder Trial and the Prosecution withheld evidence.
Priceless.
<< What’s frustrating is when someone links a pic from a blocked site(by IT here) and it blocks the whole stream of 20 or 50 posts. >>
Hmmm, i never thought about that. If i were you, i might go into my browser’s settings and disable the automatic loading of pics, which may allow you to see the thread because the pics from the banned URLs wouldn’t try to load. You’d have to right-click on pics you DID want to see on an individual basis, though, which would be a hassle.
Thanks!
TRULY!
Says she has a different (nicer and fair) demeanor in front of the jury.
Well, duh.
I'll take a whack at this one. From TM phone. Defense hired an expert to extract a bunch of hidden texts and photos. If I heard correctly, there were 8 or 9 thousand texts on the phone.
Judge asked how the messages could be authenticated as belonging to TM. She opined that a five year old could get into the password protection (2x). That set Don Martin off to declare that the State had sandbagged the defense and deprived GZ of his Constitutional rights
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