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 Zimmerman’s 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. D’oh
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 can’t 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, that’s 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 can’t 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.
A colossol miscarriage of justice...I, too, weep for my country...I’m starting to think this entire travesty was planned from the get-go. There’s almost no other explanation.
I think twitter is a cess pool. Every flippin idiot on the planet can spread their filth, unfiltered.
I’ve long since had a very uneasy relationship with technology. It can be used for so much destruction.
That’s just me though.
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I agree with MOM, the second degree murder charge needs to be articulated.
Excellent time for me to hop in my car and go home, because this will be as big a waste of time as last night.
4/6/12 http://freerepublic.com/focus/f-news/2868925/posts?page=59#59
4/22/12 http://www.freerepublic.com/focus/f-bloggers/2874333/posts?page=23#23
Sorry don’t know about Florida but every trial I watched the Judge has asked that.
O’Mara asks the state to present their factual theory of the state.
Judge refuses — it will go to the jury
Of course. She’s as transparent as barry.
Why is she in such a damn hurry? Just feels like everything’s a big rush all of a sudden.
The cow judge is scowling ...
I knew it. The ‘Retreat position’ is going to convict GZ of manslaughter.... HOPE i’m wrong.
declined of course
I agree with you
Thanks. I assumed that is was a valid question. Just that I’d never thought about it and thought maybe you knew if it was a statutory requirement or just SOP.
Any idea when that quote was made and for what cause?
bmfl
Gotta run to Bass Pro Shop to get b-day gift for Mr V3
I hope tonite is nothing like last nite...I tossed & turned ‘til 2AM and my eyes hurt from so much reading...I can’t take much more of this!!
I know she has to ask that. I only saw a replay of her questioning, but I was under the impression that she did that in front of the jury. If so, I would find that to be extremely prejudicial.
No and she didn’t ask him in front of the jury.
3:44
Kathi Belich, WFTV@KBelichWFTV
Jury is coming back in so the defense can rest and state can call rebuttal witnesses. #Zimmermanon9
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