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.
So the state will give its closing arguments tomorrow and the defense on Friday.
Keep in mind that I also thought Romney was going to win in a walk.
Defense just got a break...
State starts their closing tomorrow afternoon.
Defense gets Friday Morning. Jury will be refreshed and eager.
Then the state will drag on friday afternoon. They will be tired of the whole thing by then. After hearing the F#$@ punks and @$$hole phrase about 3 million times they will be sick of the Prosecution...
I HOPE!
Did Bernie withdraw his last witness or is that still up in the air?
Her response was incredulous. ‘It works for me’ or something to that effect. Man I detest this cow.
Sorry I stated it wrong, it's the law instead of the judge making a rule, however, I think the victim is Zimmerman and his parents had to stay out. To me, that law, in this case, is saying Zimmerman is a murderer so his parents can't stay in.
No fireworks...Bummer.
FOX employees appear to have been ordered to stay neutral. I quit watching them awhile ago.
While Tracy Martin can sit in court and essentially be told by the prosecutor what to say. Pros: ‘Isn’t it true that Mr. Martin could have been in shock and saying no to state his disbelief at hearing the gun shot” (to the lead investigator)
Later to TM “ did you say no...” ‘I was in shock and could not believe I was listening to the gun shot that killer my son”.....
How does MOM do that? Does Defense have a defense rebuttal? I thought prosecution got the last word.
MOM didn’t think it was a break...it leaves Bernie’s info out there overnight before he can start
some of my kids tolerate me (regarding up and coming danger). one not so much. in her bedroom are #10 cans of beans and rice and milk and oatmeal. in her garage is a generator gas cans and pool shock.
gifts from me. they think i am nuts.
she is the one in oviedo.
This judge is an idiot. I spent five years investigating high profile capital cases defending people from the death penalty, and worked for the Federal judiciary as an independent investigator on other cases. No judge ever inquires as to whether a defendant will testify until the entire defense case is presented. If the defense rests and does not call the defendant then the judge knows there will be no testimony. If the defense calls the defendant then that's when the judge finds out.They have to get through the entire case first. To see if it is valid after prosecution cross-examines their witnesses and experts as to whether a defendant SHOULD testify, which is decided in private not in public, and NOT on the record. By doing this, the judge has undermined a portion of Zimmerman's credibility. He looks like he is waffling and this is normal judge/defendant questioning, which it is NOT. Defendants should only enter a plea, and testify. It is best if they NEVER say anything during a trial. That is why the lawyer's were objecting. The judge is actually eliciting plans and testimony through direct questioning. This is screwed up. This judge should be disbarred. The gravity of this case demands competence, which we have not seen from the prosecution, judge or the witnesses against Mr. Zimmerman. Given what has been presented thus far this man is not guilty of a crime.
Surrebuttal
And MOM warned them he would bring in a slew of witnesses if Bernie’s witness testifies
LOL ;)
Oh, yea. JudgeBitch’s parting shot at the defense. May work to the advantage. Jury will start fresh on Friday with the Defense closing and then jury instructions and the prosecution’s closing will fade from memory.
Doubtful. The prosecution has to split its 3 hour total time between its first argument and its rebuttal. I predict 2 hours to start and 1 hour to finish. So they will not be able to drag it out much. The other thing they will need to do is read the jury instructions, which could take a while. I would presume that they will be arguing about the instructions at some point. Most criminal instructions however are standardized.
State rebuttal is set for Friday then the jury is sent out for deliberations. The defense will have their last owrd on Thursday and not get another chance to speak tot he jury. So Friday is the day the judge’s boss want the jury sent out and the riots to start. The weekend will be an interesting spectacle in Floriduh.
<< Watching ‘The Five’ at the moment and it’s dawning on me just how incredibly obtuse Dana Perino is. Her ignorance of the Zimmerman case does not slow her down a bit in putting forth her uninformed opinions on the case. >>
I’ve noticed her do that on other topics, too. She’s good on press sec/ media relations stuff, but way too RINO for me.
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