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.
There is only one point that the other side keeps making and that is that Zimmerman followed Martin. (The following full transcript should be annotated with time notes, so the sense of pauses can be understood.)
Dispatcher: Sanford Police Department. ...
Zimmerman: Hey we've had some break-ins in my neighborhood, and there's a real suspicious guy, uh, [near] Retreat View Circle, um, the best address I can give you is 111 Retreat View Circle. This guy looks like he's up to no good, or he's on drugs or something. It's raining and he's just walking around, looking about.
Dispatcher: OK, and this guy is he white, black, or Hispanic?
Zimmerman: He looks black.
Dispatcher: Did you see what he was wearing?
Zimmerman: Yeah. A dark hoodie, like a grey hoodie, and either jeans or sweatpants and white tennis shoes. He's [unintelligible], he was just staring...
Dispatcher: OK, he's just walking around the area...
Zimmerman: ...looking at all the houses.
Dispatcher: OK... Zimmerman: Now he's just staring at me.
Dispatcher: OK--you said it's 1111 Retreat View? Or 111?
Zimmerman: That's the clubhouse...
Dispatcher: That's the clubhouse, do you know what the--he's near the clubhouse right now?
Zimmerman: Yeah, now he's coming towards me.
Dispatcher: OK.
Zimmerman: He's got his hand in his waistband. And he's a black male.
Dispatcher: How old would you say he looks?
Zimmerman: He's got button on his shirt, late teens.
Dispatcher: Late teens ok.
Zimmerman: Somethings wrong with him. Yup, he's coming to check me out, he's got something in his hands, I don't know what his deal is.
Dispatcher: Just let me know if he does anything ok
Zimmerman: How long until you get an officer over here?
Dispatcher: Yeah we've got someone on the way, just let me know if this guy does anything else.
Zimmerman: Okay. These assholes they always get away. When you come to the clubhouse you come straight in and make a left. Actually you would go past the clubhouse.
Dispatcher: So it's on the lefthand side from the clubhouse?
Zimmerman: No you go in straight through the entrance and then you make a left...uh you go straight in, don't turn, and make a left. Shit he's running.
Dispatcher: He's running? Which way is he running?
Zimmerman: Down towards the other entrance to the neighborhood.
Dispatcher: Which entrance is that that he's heading towards?
Zimmerman: The back entrance...fucking [unintelligible]
Dispatcher: Are you following him?
Zimmerman: Yeah
Dispatcher: Ok, we don't need you to do that.
Zimmerman: Ok
Dispatcher: Alright sir what is your name?
Zimmerman: George...He ran.
Dispatcher: Alright George what's your last name?
Zimmerman: Zimmerman
Dispatcher: And George what's the phone number you're calling from?
Zimmerman: [redacted by Mother Jones]
Dispatcher: Alright George we do have them on the way, do you want to meet with the officer when they get out there?
Zimmerman: Alright, where you going to meet with them at?
Zimmerman: If they come in through the gate, tell them to go straight past the club house, and uh, straight past the club house and make a left, and then they go past the mailboxes, that's my truck...[unintelligible]
Dispatcher: What address are you parked in front of?
Zimmerman: I don't know, it's a cut through so I don't know the address.
Dispatcher: Okay do you live in the area?
Zimmerman: Yeah, I...[unintelligible]
Dispatcher: What's your apartment number?
Zimmerman: It's a home it's 1950, oh crap I don't want to give it all out, I don't know where this kid is.
Dispatcher: Okay do you want to just meet with them right near the mailboxes then?
Zimmerman: Yeah that's fine.
Dispatcher: Alright George, I'll let them know to meet you around there okay?
Zimmerman: Actually could you have them call me and I'll tell them where I'm at?
Dispatcher: Okay, yeah that's no problem.
Zimmerman: Should I give you my number or you got it?
Dispatcher: Yeah I got it [redacted by Mother Jones]
Zimmerman: Yeah you got it.
Dispatcher: Okay no problem, I'll let them know to call you when you're in the area.
Zimmerman: Thanks.
Dispatcher: You're welcome
So, the big issue for me is "Why didn't the dispatcher ask if he was 'following' up to that point about half way through the transcript? Zimmerman clearly was watching movement.
But then the dispatcher is told TV is running. Dispatcher asks which way he's running. Zimmerman apparently checks, and THEN is told not to follow. He says OK.
Afterwards, the dispatcher gives no indication that Zimmerman's not complied with the direction not to follow. Before that exchange, the dispatcher did not think Zimmerman was following. The difference appears to be that Zim exited his truck after that exchange.
AND he lost track of him as evidenced by his reluctance to give out his house number, because he was worried TM would overhear his address.
So, there is no way that Zimmerman's behavior can be characterized as "stalking, repeatedly following, harassing." That is the standard of the law for someone who is violating the harassment law.
Finally, the ONLY reason that Zimmerman "followed" was in compliance to the dispatcher asking where TM had gone once he began running. THAT blame falls clearly on the dispatcher.
What exactly do they hope to sue Zimmerman for???
I haven’t read it but it IMHO would make it more difficult.
Let me give you a clue....Nifong was jailed for 1 day.
I so want to see NG’s explosion.
She's a disgrace to the justice system.
I remember she had the Duke La-Cross guys guilty.
Even if that is the case, you can be sure Eric Witholder will ignore it.
I hope MOM is just wasting time. I’d love to see him look to the back of the court and say, your honor, I request a side bar, someone with pertainent info just entered the court. When asked about it, he should say we have obtained an emergency appellate court order removing you from the case and remanding you to prison for depredation of a constitutional right.
Yes that’s what I understand as well.
Root is bringing up force continuum
I discussed it here
http://www.freerepublic.com/focus/news/3035392/posts?q=1&;page=67#67
At this point, anything is possible. Judge TOOL may be getting orders (or career threats) from DOJ, and/or threats of bodily harm by special interest groups supporting the family of the deceased.
Judge TOOL will need her friend(s) when this trial is over.
I like to watch the other side to get a sense of what their argument is.
It boils down to “following”. That’s it. Zimmerman followed, so therefore, Zimmerman caused everything. Not a word about Zimmerman being a neighborhood watch leader and it being his responsibility to notice these things.
Loss of his life: Federal Court - “violating his “civil rights.”
“because who in the hell knows what a jury will do especially with all the threats.”
WTF TV BS......seems to think this is another issue the poor jury will have to weigh, the social unrest their decision could create.
It’s better than other places where there is a constant “I’ve been gone, tell me everything that happened previously”.
Well, first there was a big explosion and then the Earth cooled....
The cell phone coverage last night was very explosive as well. Interesting to watch.
<< The live threads can also be useful to those who cannot see the event itself, but look to the thread for updates on what is happening. >>
Just a suggestion: It really, REALLY helps when ppl cut and paste the comment to which they are replying, especially when that comment is over 100 replies back and the reader is following on a phone and can’t open multiple browser windows. For the people who are trying to do “catch-up reading, it’s a lot easier to read.
Let GZ rot in prison while he
I suspect its worse than that. I expect they are secretly hoping that Zimmerman gets shanked in prison, making any appeals moot...
the infowarrior
I thought that acquittql on grounds of self defense made civil suit for damages not available. Anyone else read this?
Let me give you a clue....Nifong was jailed for 1 day.
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And he got to keep his precious, precious pension. Angela Corey has been diverting public money left and right into her retirement account.
The defense’s next witness will likely be a 7 year old 2nd Grader from the Sanford Elementary School who will testify as an expert regarding accessing passcode protected texts and pictures in big people phones.
That story isn't on Miami Herald's website any more, but the info and video is at dailymail.co.uk
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