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.
NO, it was very valuable time.
Preserves the error.
In more than one regard.
Don’t forget the Ferrer case about overtaxing lawyers.
I am sure MOM knows about it.
not a waste of time at all....grounds for reversal is not a waste
That’s pretty good. I’m not an attorney either. So if I understand you correctly, whether he is convicted of manslaughter or aquitted is dependent upon whether the jury finds he has a depraved mind? The reason I ask is that I remember reading somewhere (Probably FR) that the burden to prove self defense in FL is significantly lower than other states, typically.
I wonder if the jury smiled at MO’M doll comment?
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
Looks like his MO to take out nose....
Clear why prosecution doesn’t want this in.
Thanks for the info
Sure....now that I got her warmed up for you.
That looked like an old drag queen to me.
I guess maybe I was a little too subtle with what she is holding...no balanced scales.
IANAL but based upon everything I’ve read or heard from those who are, you are spot on. If it’s self defense, he will be found not guilty of either Murder2 or Manslaughter. If it was imperfect self defense - meaning he went too far or could have avoided death, then manslaughter. If killing, not premeditated but with malice, ill will, etc, then Murder2. I’m confident the state will ask for it to be considered. Kind of a standard thing.
No, 18 USC chapter 13 has several parts that do not involve government actors.
They might try 18 USC 249 and argue it's a hate crime, but that would be a stretch.
No, you weren’t too subtle.
Angela or the judge?
Apologies for typing, ipad doesnt agree with my hands!
I just sent that pic out to my email list! That is SO TRUE AND HILARIOUS!
Clearly West made those comments last night to further support an appeal. It wasn’t the first comment they have made to ask for more time. And frankly, if the judge was smart and indeed, would not want a ruling overturned, she would have allowed time. IMO, the judge would be fine with a conviction that gets overturned. Get’s her off the hook and down the road.
Agreed. They also had this same urgency to completion at the close of the prosecution's case before the first defense witness had been called. That would indicate to me that they had already decided on not-guilty (without hearing from the defense) because of the weakness of the prosecution's case. Either that, or the fix is in.
Thank you guys. I had forgotten about the groundwork for the Reversible Error that’s sure to happen if Zimmerman loses.
heavy drinker? smoker?
June 4 is when the State turned over this evidence. Judge used the inability to authenticate as her excuse when the State’s delay was the exact reason they couldn’t track down the people on the other side of the text and ask them if this was, in fact, TM sending the texts.
Have a suspicion this judge would have used the same logic on the receivers.
It may be their phone, but how can you prove they were in possession of the phone, and were the actual one reading it, or responding.....
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