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.
Well, first there was a big explosion and then the Earth cooled....
The cell phone coverage last night was very explosive as well. Interesting to watch.
“He is Neighborhood Watch. He was watching. We do it all the time in our neighborhood(private road)”
I believe it is on the record he was on his way to Target and not doing anything involving his neighborhood watch duties, which were as coordinator, when he saw St. Trayvan lerking in the community. It is a minor point but the pros is trying to portray a Captain America type out there on mobile armed surveillance.
Bringing up handcuffs..so he may testify about that
Neighborhood Crime Victims
Yes, you’re right.
this trial is so sickening.
The state is trying to create the case that GZ had a demented state of mind and attacked innocent TM for no reason. There is overwhelming evidence that TM was a cruel, violent demon boy that loved to fight. The state knows this and the judge knows this, but yet they cannot allow this truth to enter the court room.
he is going to testify something about officers and what they did wrong or adapting to situation
That should be FR Etiquette 101. I was griping the other day about non use of italics in quotes, but I now understand why that is a hassle for mobile users. Any character that indicates a quote is better than not providing context for the new post.
M
This trial needs to be over. I need to plant some plants, been putting that off for days so I could watch this trial. I’m not leaving this trial - the plants will have to wait in their little pots, poor things.
Comment From Natalie
@MMD, there are many lawyers on this blog, such as myself. Accordingly, we know the law. The Judge’s ruling was in accordance with the law in regard to the animation being used as a substantive exhibit. However, not allowing the text message evidence is in fact a violation of GZ’s due process. Again, the evidence goes to the theory of his defense and the prosecution can attack the weight of that evidence on cross. That is the law.
Hope she’s wrong!
ping
Bill Sheaffer:
Richard Connor won’t be able to testify regarding text messages. If you missed it last night, this was one of the texts he was going to testify to— when you read this, you can see why defense wanted his testimony in:
21:29:02 talks about having been involved in orchestrated fight... 3 rounds.... talks about how he won second and third and won the fight... also able to hit in the nose and make them bleed, not satisfied with amount of blood... not done yet with this guy... cautioned he should quit doing this
Just gives every little black thug in this country a right to kill a cracker.
This guy seems to have walked down the same path that GZ wanted to in life.
This is an expert witness who can testify that GZ’s actions demonstrated appropriate use of force for self defense.
Bill Sheaffer:
The guy testifying is Dennis Root: You may recall a hearing was held on things he “can not” say: 1)was GZ reasonable in use of force?
2)GZ did not break any laws w/deadly force
3)GZ exhibited restraint.
no, ruled out
You’re right. The state, with the vast complicity of this biased judge, have gone out of their way to protect the victim from anything related to his true character and his thug past.
This latest ruling regarding his cell phone’s text messages is the most outrageous next to his “weed” use and the THC in his blood that night.
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