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.
Even if they do, it's still not "beyond a reasonable doubt" that it was murder.
If they argue that Martin was leaning back and that means that he was disengaging, MoM would counter that he wasn't leaning back, he was winding up for the fatal blow.
The testimony shows that he wasn't leaning back, he was leaning forward. If the state argues that he was leaning forward to get off of Zimmerman, then MoM argues that it was impossible to tell if he was getting off or tightening his grip.
In any case, it's not enought put a doubt in the self defense case and therefore call it murder. A doubt in self-defense still leaves a good chance that it was without a doubt self-defense.
-PJ
Reading your words sounds much like my own experience.
Thank you for writing them out.
As for George living in fear, now and after the fact, I wonder, how many threats does Mark O’Mara and Don West receive on any given day.
I feel so out of sorts from this trial today. Between last nights circus and today’s constant side bars, I just feel the wheels of injustice have gone haywire.
I am certain the government will.
This is a political trial, not a trial for justice.
In any other impartial court the sanction would result in bar complaints if not dismissal.
They love it. This is battle and the stakes are high.
They will protect their families and themselves...but the higher the stakes, the higher the reward.
O'Mara and West both know they have just gained access to the next level up...maybe 2 or 3 levels up.
They are litigators and live for their work...and their work just got a whole lot more interesting and important.
It’s over and look for George’s parent’s in the courtroom.
BTW one of the last pieces of information entered into evidence by the defense was the picture of Martin at the 7 Eleven.
It is amazing how the state spent the entire last two months including the trial excluding evidence from consideration rather than presenting it.
Thanks for posting
I keep wondering why the state is putting in lesser charges along with second degree murder. The degree isn’t the issue. Either the jury believes it was self -defense or it wasn’t. If they decide it was self -defense then that’s the end of it.
Actually I am going to look for the prosecution to come up with yet another contrived ploy to keep Gladys Zimmerman away from the courtroom.
Because George isn’t white, and his momma is darker than Obama. They need to keep pictures of George with his mother from further undermining the racist stalker meme.
That's bad when the co-leader of the lynch mob can't bring himself to say "proven without a reasonable doubt."
I do believe the judge promised the NAACP a guilty verdict for their weekend celebration.
O’Mara in his presser said that manslaughter or negligent homicide should be off the table because it was not an accident. He intended to shoot — to save his life.
If they do allow that as a possibility then that is going to be immediately reversible because he did not have a chance to defend himself against the charge of manslaughter.
I just happen to think that those 6 women will do the right thing and it will be a quick acquittal 6-0.
Your link:
Just hit the return key to make it live:
If the jury doesn't acquit, it is because they have been compromised by Obama and the DOJ.
Perhaps the rioting should start on the other side of the street.
Well, sure, it makes sense to a conservative.
I know they chose not to use the toxically report , but was it entered as evidence.
If in evidence the jurist will know Z s observations were accurate but no testimony on his reaction to it
What’s stunning is that this verdict will be reached with a whole lot of evidence still left in the bag that the public knows but the jury doesn’t.
The evidence of street fighting, school suspensions, marijauna useage, no-limit nicknames, .................. was excluded not because it wasn’t true but because it was deemed to be off limits or unnecessary for acquittal.
Just think, bc the defense deposed Crump and kept him on the witness list till the end he could not parade in and out at the trial. Small blessing, but blessing none the less.
It wasn’t put into evidence —
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