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.
Talking head - text message most fertile grounds for appeal
Get off my lawn!
How about "That's all Folks?" Can't remember the cartoon guy who says "That's all Folks" but the music will be in my head - a.l.l.d.a.y.l.o.n.g.
Porky Pig!
I pray that the jury is strong, because all along I have this feeling that the jury is looking for any excuse to convict GZ (due to fear).
You have to factor in the white guilt card.
.
What's the off topic for the afternoon. Cats? We can talk about cats - post kitty pix and everything.
(Too damn hot to mow for long - got to take it in small pieces)
If they have a retrial, more info will be out on what exactly happened....making a more informed jury.
I agree completely. What I was saying is that this Judge(Nelson) should have ruled on that issue well before the trial started. Not after the State rested. The ME called by the State was a flop and would have been horrible if asked about the marij(tox) report.I have never known a Motion in Lime regarding State’s evidence, to be heard after the State’s case. This severely hindered the defense.
The Prosecurial Misconduct regarding the texts, photos is stunning. No way for the defense to fix it. Where are those texts and photos to IMPEACH State’s witnesses? It would have been nice to have Detectives explain same.
talking head
Judge did MOM a favor...because his skilled questioning got the answers he wanted and might have more effective from the last witness
LOL! I wonder if I could ride in the carpool lane with it?
I don't think they would like it.
Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)
watch vid @ 1049 later
just damn.....all ...read this
Was Nelson the first judge in this trial? Did she replace any previous judges before her?
>> Am I to believe the stand your ground law is different in FL than it is in TX?
I looked into this a couple days ago with CBoldt’s help.
TX and FL statues are similar in some ways but different in others. Some of the differences seem subtle but are important.
One apparently subtle difference is in the way TX views “fearing danger” (for lack of a better term).
FL requires “fear of death or great bodily harm” before you’re allowed to use “deadly force” in “defense of person”. They define “deadly force” (a firearm is automatically that) but they don’t define “great bodily harm”, they leave that up to case law but there are guidelines.
What being in your Florida “castle” buys you is a “presumption” of fear of great bodily harm. That presumption, as CBoldt pointed out, can be twisted around and negated in court though.
Texas says “a person is justified in using force against another when and to the degree the actor [that would be you] reasonably believes the force is immediately necessary to protect the actor against the other’s [that would be the punk] use or attempted use of unlawful force.”
So you can see that Texas doesn’t require anything like “fear of death or great bodily harm”. Subtle but important.
There are other differences as well.
FL self defense law link: http://www.flsenate.gov/Laws/Statutes/2012/Chapter776
TX self defense law link: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm
Link to our thread (CBoldt has some good comments there): http://www.freerepublic.com/focus/news/3040547/posts?page=45#45
FRegards
at a certain age mowin and shovelin snow needs to be passed off to yuths so we seasoned fellers do not get a heart attack
Hey, RC, don’t worry about it, it is obvious P-Marlowe has some kind of grudge against you and is willing to ignore things and make up evidence to use against you. P-Marlowe sounds a lot like the trial judge we are watching now. My advice is to quit talking to her/him and it will all go away.
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.