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.
Bookmark.
Exactly — that is one big authentication issue
A little confused maybe, but I think these texts were obvious and available through the basic password protect, which was found by mommy and daddy and crump. The “state” found them and deleted them which then went to another area of the database and became “double” protected, which Connor was able to find.
BOOM! You're right, provided he answers truthfully....
You must be talking about the “don’t talk to cops” youtube video. I watch it every few months for entertainment. One of the most interesting parts was that he said sometimes the cops will “missremember” what you said and you are damned even though it is not what you said.
However, they can’t missremember what you didn’t say.
If something bad happened and you were involved - even if only a witness - you say absolutely nothing until you lawyer up.
Yes it can be over diagnosed like fibromyalgia. But having taught school and family members with disease am well aware of the behavior of a legitimate case. Picked it out on Z before I was aware it was public knowledge
Sounds like MOM is using this witness as a tutorial for the jury on how to evaluate the testimony they have heard. It’s a little boring as far as the case itself; but another solid step by the defense.
Bookmark
It seems they could call DeeDee and she could confirm that TM had texted and called her from this phone! Is the judge stating that EACH AND EVERY text message must be verified as coming from him? Also - how many 7 year olds use that kind of language - or would send photos TM??? It is ABSOLUTELY unbelievable.... (have run out of adjectives)
Kathi Belich, WFTV@KBelichWFTV
He says the raw first interviews before any influence could be the most accurate. #Zimmermanon9
Here we go, let’s shut down a little more of GZ defense.
And it's VERY common for high schoolers to trade phones and send out wacky texts trying to implicate the owner with unsavory activity.
WTF TV BS. says this guys testimony was previously gutted by the state and judge.
Sheeesh.
This witness has also been shut down on 3 points and I can’t type fast enough to relate them.
Root speaks to inconsistencies from witnesses based on their experiences and frame of mind. Example: If I took a pot from the freezer and put it on the stove. Asked you to touch it. Your brain would identify a temperature extreme. However, due to the environment (pot on a stove), your initial reaction would be to think it was hot...when it was actually ice cold.
Guy objects as witness is asked to comment on Surdyka statement about poppoppop —
Did anyone else notice that the Judge brought up about how she was upset about witness Donelly, just out of the blue when the defense were making their arguments?
It’s like when you have a grievance with your wife about how she went way over your phone plan for the month, and then she starts pointing out that you’ve left a bunch of dirty dishes lying in the sink.
That would be it if it had the defense attorney speaking fir and then a prosecutor. I don't remember how I came across that but it made a believer out of me.
Yes, you say something to cops, and they write it down the way they want to which could be exactly opposite to what you really said and the cops are believed and you are not. The prosecutor also said it's not against the law for cops to lie to try to get you to say something they can use against you.
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