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.
I’’m with you two, mine think I am just old and paranoid.
It’s really frustrating to find ways to share the reality without destroying their belief in the goodness in this world. I submit, there is goodness, but something dark and evil has come upon this country.
if she sustains an objection to let David Lee in, and she should, I’ll definitely think the fix is in to facilitate the riots. She will be clearly rushing this along as opposed to just pandering to the prosecution.
Undercover agents.
Plain clothes
overcharged, dropped down, and then dismissed
The state is flailing and the judge is helping and enabling them.
This is just a sleazy attempt to introduce a wrinkle in Z’s past.
If those text messages proving Thugboy was a seasoned fighter aren’t admissible, how can the judge POSSIBLY allow this crap?
What gall that little bobblehead has even attempting this.
Absolutely.
OHHHHH never thought of that.
OHHHHH never thought of that.
Occurred eight years ago. Charges were eventually dropped, and GZ subsequently obtained clear background check for CCW and ride with local law enforcement.
I hope the tennis school is not in Miami. Son is staying with a retired Miami cop who would shoot first and ask question later, but the cop is visiting in another state so he's not there. Son has no gun. It's a far chance out but I hope the cop showed Wayne where guns are in the house. I had told son to talk to cop about this case but don't know if he did.
O'Mara warning he will call witnesses if Z arrest for assault of officer allowed.
Judge interrupts, says she doesn't want to hear "if you do this I'll do that".
ATF agent testimony still hanging...?
State closing arguments = 3 hrs - estimate
Defense = same (3 hours)
She is one angry woman. Just very painful to listen to her constant snark at the defense.
I still wonder what the rush is, and this has been very rushed.
Post of the Day
Andrew Branca, LOSD @LawSelfDefense
#zimmermantrial MOM: “If State brings in this prior bad act, I will bring in 30+ counter witnesses to show peaceful nature.”
my guess is that they recognize that they are long shots.
i get a sense that among other things lawyers rate each other by how much actual trial time they spend arguing in open court. so all other things being equal, court arguing time is to the advantage of the attorney arguing since he can put it on his resume, whether the case is won or lost.
in that sense, if the situation is a long shot, the senior attorney can hand off the argument to a junior attorney in order so that the junior attorney may get more experience arguing in open court.
I cannot state enough how much of a professional MoM has been. That man has incredible patience, too.
Rushed, unable to present full defense for defendant. Reversible error.
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