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.
btw, I have already posted an article from more than a month ago showing info about fighting
was known world wide . some articles go into more details
Last witness of the day. He wanted to get to some points with the judge like the cell phone
Witness testifies to the material that he was given to evaluate - eyewitness statements, depo transcripts, police investigation file, autopsy,
But it has....DD talked about it.
You are absolutely correct about the exact wording. And, GZ complied with that request, since the remainder of the transcript shows no indication of it, and in fact shows that he was afraid to give his house number for fear that TM, whom Zim had lost track of, would overhear his address.
If you hire an attorney, listen to them! MOM has this in the bag.
The events of last night might change the defenses mind. I still have to believe they might have another route to get TM past actions in.
Judge: And I know any seven year old can learn the passwords and get into that because they do it all the time.
West: The FDLE had his phone for a year and they couldn’t do it.
[It’s time to fire the staff at FDLE and hire some 7 year olds]
On a related note, It would be good to know what the programs were that supposedly 'encrypted' this text, so we'll know what to avoid. Unless the data was 'cracked' because of stupid passwords.
Keeping an eye on someone has meaning. It says that a neighborhood watcher should track whereabouts. Tracking sometimes involves movement.
was MaxDee Diamond Eugene???
Oh yes. Many days. In fact, I’ll be leaving today about 12:30 PM.
Who set up this secret phone stuff? Apps within apps, double passwords?
Was it Travon?
BS on wftv and others did not take it that way. They were opining case going to the jury on Friday after the defense rested today. But, during the blowup at 2200 last eve, MOM DID say that he was hindered in contacting his witnesses due to the lateness. Confusing.
One of the stupidest comments from the Judge was that any 7 year old could pick up the phone and make texts...after she knew that State couldnt get into and had to have someone wrote code to break into it.
:44
Kathi Belich, WFTV@KBelichWFTV
Root says he was the go-to consultant for Martin County State Attorney in use of force cases. #Zimmermanon9
9:44
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
I think you're right.
Now a bazillion people have autism, too.
Some think it was Diamond Eugene
It was a third party app specifically for testing that requires it's own (a second) password. Clearly TM wanted to hide certain communications.
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