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.
Justice for George! What a joke.
can’t the defense file an immediate appeal to the next higher court for the cell phone evidence?
EXPECTED!
....Plus I loved the "plea" to Zimmerman from the judge that he can and "should" testify. She didn't say it....but she said it.
Something went on in chambers this morning as she mentioned it.
btw, notice nothing about the Vet this morning..so they did it in chambers.
Can defense file with another court for immediate relief on that ruling or does it just have to play out?
How would they prove he tampered?
This is OUTRAGEOUS!
bump
Does that mean the pros will scramble to put up a video for their closing to take away from the impact of the defenses?
Her little morning speech..”did anyone see me make a mockery of this court?”
The texts of TM bragging about hitting people and fighting ABSOLUTELY should be allowed in as it goes to show he was prone to being aggressive and fighting. It goes to the HEART of this case; who was the aggressor.
Dennis Root = P.I.
Dennis Root—Safety and LE trainer, and PI
...threw the defense a bone by letting the jury see the animation but not submitting it into evidence.
First witness Dennis Root — safety law enforcement trainer and expert witness
The attack trees and attack flashlight are in!
All her rulings against defense to bring in evidence is designed to get Z on the stand.
She lays (correct verb tense) her putrifying head down at night thinking, "I gave him the chance and he didn't take it ... "
Reminds me of Satan in Job who appears before God and (synopsizing GREATLY, here .. ) claims Job is good only because God is protecting him. God says go ahead ... but don't touch him. So Job is attacked by being influenced with life experiences .. loss of children, wife's love, property, health ..
Satan says .. "Hey, I'm TRYING to warn him about this God thing ... but he don't GET it"
Evil bitch judge.
“cant the defense file an immediate appeal to the next higher court for the cell phone evidence?”
Don’t know.
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