Posted on 03/29/2013 7:58:43 AM PDT by Uncle Chip
From Bernie De La Rionda's States Response to Defense Motion for Sanctions against State Attorney's Office:
"See attached letter [Exhibit B] Witness 8 gave Victim's mother, Sybrina Fulton, prior to the recorded call with Trayvon Martin's attorney, Benjamin Crump."
[This is the transcription of Exhibit B which is a scribbled note dated March 19 supposedly handwritten and given to Sybrina Fulton on that day by DeeDee1:]
"I was on the phone when Trevon decided to go to the Cornerstore. It started to rain so he decided to walk through another complex because it was raining to hard. He started walking then noticed someone was following him. Then he decided to find a shortcut cause the man wouldn’t follow him. Then he said the man didn’t follow him again. Then he looked back and saw the man again. The man started getting closer. Then Trevon turned around and said why are you following me!! Then I heard him fall, then the phone hung up. I called back and text. No response. In my mind I thought it was just a fight. Then I found out this tragic story.
Thank You, Name Redacted"
(Excerpt) Read more at diwataman.wordpress.com ...
Why is it being done after he refused to allow a scheduled video deposition of Witness 8, the alleged author of this scribbled note???
Why is this scribbled note not not date-stamped with the date that it was received by the state.
Why does the note look like the handwritten date at the top was added by some other hand after the note was scribbled???
A FWIW Answer:
It's the handwriting that Bernie and his surrogates are trying to enter into the record -- not the contents of the note.
The handwriting in this note is DeeDee2's [the DeeDee that he interviewed on April 2] not DeeDee1's [the DeeDee that Crump interviewed on March 19th].
This is the prosecution's deceitful attempt at defusing the Two DeeDee allegation which is likely to come out in the upcoming continuation of the Witness 8 video deposition. Thus this attempt to derail such speculation and try to bury the Two DeeDee allegation.
When Witness 8/DeeDee2 in her deposition gives a handwriting sample, it will match the handwriting in this supposedly genuine note. And the prosecution will then say: Voila!! See that. The handwriting from the March 19 note matches the handwriting of the person that I interviewed on April 2nd.
This has prosecution complicity with a Scheme Team fraud written all over it.
More twists and turns than a Fun House maze!
States Response to Defense Motion for Sanctions against State Attorney’s Office:
All designed to turn this into “This Week’s Exciting Gavel-to-Gavel Courtroom Drama”, and trivialize it in the eyes of the cable-watching sheep.
“The only thing more inflated than Defense Council's rhetoric is perhaps the alleged hourly fees cited in a second motion for payment of attorney's fees and costs.”
Might as well stick your thumbs in your ears, wave your fingers and bleat “nay-nay-nay.”
Just as mature as that opening remark.
States attny should be fired for that remark. Because the states attny is an officer of the court and this "officer" (supposed adult) shined their back-side to the world by demonstrating a level of contempt that would not be tolerated if Defense Counsel did same, the court should act forcefully.
Floridians.... these prosecutors are the buddies and campaign stooges of Gov Rick Scott and AG Pam Bondi. If you do not primary the two out in 2014, you pretty much condone this lynch job on George Zimmerman.
More reason for conservatives to bolt the GOP.....everyone on the govt side working w the Black Racists are all GOP
The Dee Dee Letter appears to be completely discrediteed and refuted by the 911 call recordings. Tary vo Martin’s movements described in the 911 call indicate the movements described in the Dee Dee Letter are mpossible to accomplish in the time and space the 911 call and the scene of the homicide established.
This DeeDee Letter was apparently given to the Defense at Sybrina’s March 15th Deposition:
http://www.gzdocs.com/documents/0313/states_13_redacted.pdf
Did Sybrina just volunteer it out of the clear blue??? How did she happen to have it with her and cough it up???
Moreover, this sort of pleading makes the judge's job so much harder, because now he or she has to wade through the trash talk in the state's motion to see if there is any reasonable argument in opposition to the defendant's motion. That sort of thing does not usually end well for the respondent.
I’m not a lawyer. I’m just a guy taking some classes on the legal system at a community college. But I’ve had to read a bunch of cases, and some supporting documents, and I’ve never seen anything quite like this. It says, in essence, “I think the defense lawyer is a poo-poo head. Ignore him.”
Maybe it made the lawyer feel good, but I can’t imagine it impressing a judge.
“Why is a prosecutor having a meltdown...”
From reading his Response, I’d say what we have here is a childish egomaniac, who believes in his power to bully and bamboozle. He bullies and slings mud, but offers nothing to refute the allegations. No doubt Judge Nelson will find it compelling.
The inclusion of “Exhibit B” is curious. I guess BdlR is trying to claim that W8’s “hospital” lies are irrelevant, since she had already penned the basic storyline without it, and this makes his concealment ok. Sort of a sure I stole his wallet, but there wasn’t much in it defense. (hmm... when was this note provided to the Defense — after the Defense depo of W8?).
The note contains interpretations, presented in a tidy flow of talking points. The note and the interview include nothing extraneous to the desired story line. These aren’t the fragmented facts of a witness, from which an investigator could “connect the dots”; they are pre-packaged conclusions, the product of obvious rehearsal and revision. W8 might be the writer; her authorship seems most unlikely. I hope that the Defense managed to keep W8 to facts — who said what and when — not only about the night of the shooting, but all her contacts and discussions with Tracy and Sybrina Fulton, when and how the note came to be written and why, who suggested and “helped” her with it, etc.
I wonder if the state had it, or was aware of it, before then. DeeDee's aborted deposition was on the 13th, before this handwritten note was made available to the defense.
In principle, I agree it makes a judge's job harder, but in Florida, I don't think it matters. The judges are predisposed to certain outcomes, and apply whatever looks like it might fly, in order to justify the order.
As far as what this prosecutor is risking, not much. Judge will tongue lash him, maybe fine the state or order costs to O'Mara (doesn't come out of Bernie's pocket), and that's that.
Yep -- 2 days after W8's deposition.
And it was provided to the defense at Sybrina's deposition and in the state's 13th supplemental -- See link at #9.
My impression is that he includes it to show (the redacted part) that the Witness was so reluctant that she did not associate her own name with the handwritten list of bullet points.
Bernardo claims that the intended function of keeping her identity cloaked was so "she would not be subjected to what is not happening to her," a reference to being discredited and called a liar. Well, that a nonsense argument, seeing as her identity remains cloaked, and that doesn't stop the testimony from being discredited.
Except in this case, the judge appears to be part of the prosecution team, so anything goes.
The document at your link is astounding. Since Crump and Fulton desperately wanted the State to have their “evidence”, you can bet they gave the State this note before GZ was even charged (if it existed then; it’s odd that the note wasn’t mentioned in BdlR’s W8 depo).
Per his own document, BdlR withheld this note from the Defense until 3-15-13, almost a year later. What sort of fool would bring up such an item as an Exhibit in defending himself against allegations of delaying/withholding evidence from discovery, etc.? Either Bernie de la Rionda is not too smart, knows he can do no wrong with this judge, or is doing his best to blow the case. Or all of the above.
Why is the letter not date stamped with the date the state received it into evidence???
Are we to believe that the prosecution became aware of it after DeeDee's aborted video deposition but just before Sybrina's two days later.
The "March 19, 2012" looks to have been added later along with the "Thank You".
And did she micro-sign her name??? The redacted part is unusually narrow especially for as long as it is.
I'm not buying that it was given to Sybrina on March 19th prior to the Crump interview.
It looks to me as if it could be a cheat sheet scribbled by Witness 8 as a memory aide for her deposition and the date added later.
The only question is -- which deposition: the April 2nd, 2012 one with Bernie or the March 13th, 2013 one with O'Mara.
Either way, as Bernie has presented it, it is a forgery.
Exactly.
The prosecution withholds evidence for a year and then to defend itself from an accusation that it withheld evidence, it releases this DeeDee letter that it has been withholding -- a letter incidentally that could have been scribbled together 10 minutes before giving it to the defense.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.