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.
Have you seen his website?
Motto: Helping good people through difficult times
http://www.markomaralaw.com/Attorney-Profile/Mark-M-O-mara.shtml
>> More so than a liberal?
Maybe... hope so. Who knows.
But since gun ownership enjoys something like 70% approval, it’s still possible O’Mara is a gun-loving liberal.
FRegards! Always glad when you show up on the thread.
>> Yeah. Maybe youll need suspenders!
I’ve never actually considered using suspenders with my sweatpants!
What the hell, the fashion police will NEVER find me out here... :-)
OTOH, I’ve developed a taste for overalls. You would not believe how functional they can be.
Live in overall during fall winter and early spring
Thx! Interesting, in a number of ways.
Brilliant and scary post, Nita.
State - 1pm Thur
Defense - A.M. Friday
An article about :Irish-American” Mark O’Mara [and the case] in an Irish newspaper:
Overalls rock! But the first pair I got had crappy, unusable pockets in the bib. The most recent ones have better pockets and I find them much more useful.
Lot more pockets to dump out before they go in the laundry though. :-)
True - the hell with what would be a fair trial for the defndant - what is conVENient for her.
Thank you for that.
My IT department will probably love that I’m not viewing the trial all day tomorrow.
Laundry?? There suppose to go in the laundry? Mine just stand in the corner waiting for me to jump in to them. ;-)
Love it!!
Earlier you said after checking they were there the one time. I posted my recollection was they were not there either time. Are you just confirming what I said?
NAACP Convention convenes this weekend. Maybe she wants to get trial over and head for the hills.
I would think that continuing the trial until after the bussed in protesters go away, or piffle, in light of the trial just wobbling along and without a verdict.
Yes. I am sorry, I should have been more clear: You were correct in your observation. I was not.
>> SEND PICTURE.
BWAAAAA-HAHAHAHA! Yeah, sure. Hold your breath, pics on the way. :-)
No, I never let ‘em get down that far... but WHAT A PAIN constantly yanking them UP when you have stuff in the pockets. Out in public, you look like you have a “nervous tic” (!) in your elbows. :-)
And don’t be mislead thinking that you can tighten that drawstring enough...
‘course this all applies to a male with a birth defect (born with no visible butt). NOT that I’m going there, but women are built different, keeping ‘em up may be less of a problem for you. :-)
I’m betting she has a place booked in Vegas. Plane flight...7:30 PM Friday.
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