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.
Atticus Finch had a lousy case too but he didn’t shirk his duties. (Yes, I know it’s fiction.)
No. This was handled around 9:30 when West brought it up.
(gotta’ remember to include /s)
Yes. She should not be reading case law. That’s what the two sides should be arguing or presenting to her Her decision should be based on their presentations. Obviously pros is not doing their job if she must do their presentation for them
I know the theory that supports the protection from liability for judges and prosecutors is that it nurtures their alleged impartiality and allows them to make decisions in a vacuum beyond political restraint
Judges and prosecutors are just lazy and arrogant attorneys who for the most part couldn't cut it in the private sector.
the judiciary is almost always stilted and stilted most often towards the prosecution ... and once they get a taste of the (non)workload and public tit you can't pry them off with a crowbar
perhaps the remedy for such institutionalized messianic arrogance is to allow other than attorneys back into these positions and severely term limit them as well
the crime within the courtroom is brandished in our faces with virtual impunity each day (as is so obvious here)
there are many Mike Nifongs and bench-sitters who condone and support them ... but scant few are ever held accountable
maybe their standards for liability should be revisited as well
.
It sounded last nite like Nelson “Pantiesinawad” planned to get started with the Donnelly and animation issue at 8:00 am and would call in the jury at 9:00. I’m confused now though. Does this mean that overight, she pushed everything back an hour to 9:00 and the jury called in at 10:00? I got up early just in case. But if we have an extra hour, I might actually get some stuff done around here before the main attraction begins..lol.
Oh I wasn’t deriding you...
I just didn’t feel safe without the post...
Cats all runnin’ ‘bout around here all willy-nilly w/out a thread nanny or two..
and I have to say...yesterday I was watching the trial and watching the post/posting....then I had to leave and go where I couldn’t see the trial and was depending on FR thread...and wow, what a difference a little perspective makes...all the ridiculous posts didn’t bother me before, but when I was wanting to know what was happening, I was a wee bit frustrated at difficulty of getting good content here. Twitter feed was more informative... Talk about taking a walk in someone else’s shoes...
Does she not realize that the lawyers are simply Z’s legal voice? So her contempt is directed at GZ, who she feels has no right to a fair defense, that’s how I see it. JUSTICE FOR GEORGE!
Well, of course!
The judge is more concerned with Trayvon’s reputation then a fair trial for George, which is her job.
I meant to say a fair trial IS her job. gees...
Editor’s note: George Zimmerman has sued NBC Universal for defamation. The company strongly denies the allegation.
That is the key point that set off Don West. Defense COULD get airtight authentication by deposing the receivers. His point is the defense was sandbagged and hindered from doing that.
Judge has to fix this or a conviction will be overturned faster than Rachel can chug a drank.
L M A O !!!!!
(have a feeling we’ll be needing that laugh today)
LOL.
someone mentioned GZ and a bullet proof vest
he probably still wears one
http://www.cnn.com/2012/12/06/us/florida-zimmerman-nbc-lawsuit
This was the classic interchange of the night about allowing the texts in Trayvon Martin’s phone into evidence. The judge said that anybody could have gotten his phone and sent those texts, then:
West: There was a double level of security.
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]
.see my 2 cents @ 84
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