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.
Case law from Fla appeals.
Obj is sustained. Pollock released
Call David Lee,
Incredible. Unheard of. Finally.
Link of the “testy” exchange with the ugly judge acting with malice towards George’s lawyers:
he sure did..and now they aren’t calling Mr Lee either
Not calling the second witness either.
Now Jar Jar looks befuddled.
Cooper City is one of the few nice areas left in South Florida. The drive to Miami may not be so nice, though.
No idea. Sorry.
now they want to call someone who said he battered a LEO
why isnt Bernie handling rebuttal..
But, it was a really stupid question.
It sounds like their balloon got burst
Now the state will not call Bill Lee.
O’Mara objects to the state’s last witness — the ATF agent involved in fight years ago.
Thank you
ATF agent? Why not present this DURING THE STATE’S CASE? Holy crap this is a freak show.
“...stay out of Liberty City”
(mostly west of I-95 -— not too far
north of downtown Miami)
For sure!
Is the judge badgering the state about how much time they need for rebuttal?
Battery if a police officer charge against GZ.
State drops then Lee as witness.
Now trying to introduce [Arther] Fleishman, ATF agent who Z was arrested for assaulting.
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