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.
Witness had a time as DI at juvie boot camp.
let’s say z is convicted, sent to jail and is killed...Then it is proven via appeal that Z was not afforded his constitutional rights....can the state be sued or the judge be sued ?
Jeantel is coming back?
?? Why?
He is Neighborhood Watch. He was watching. We do it all the time in our neighborhood(private road)
Even in civil court it has to be proved that it wasn’t self defense. Self defense is still the law. I think it has to be “preponderance of the evidence” and not “beyond a reasonable doubt.”
The “preponderance of the evidence” does NOT support TM. It still supports GZ.
I understand, but is that Idiot still a Prosecutor?
Zimmerman: George...He ran.
This is one of the tidbits I picked up on in April of 2012 that told me there was no following going on after that point.
I womder about TM, wouldn’t have thought he would even know about double password protected hidden apps, hell, I never heard of that. Are kids that sophisticated?
What is this current witness talking about?
Does anyone know where this is going? Seems a little anticlimactic.
The judge ruled that the video can be used in closing argument not in the evidence section. If it were presented in the evidence section the D A could argue against its authenticity construction etc.
As part of closing Defense can co ordinate with other witness testimony and present it as fact. DA can’t attack it. They’ve done that in hearing
Only problem is jury cannot replay it during deliberation. Hope they pay attention at their only time to watch
not sure why that attorney thinks this witness may be a bad idea... just thought I’d post her tweet as she has been tweeting this whole trial and has been providing pretty good commentary... we’ll have to see if it pans out.
1-3 Sorry, I don’t know.
4. Yes, but the key is that the Jury is ‘aware’ of the TOX report, but not exactly what it says, because the Defense didn’t present it. This gives the jury the leeway to ‘imagine’ whatever they want about it’s findings. (good Defense plan)
5. True, but that means everything the Judge is doing is for political reasons and not in support of the Justice System. She’s another example of liberal commies infesting our government system.
[ Why don’t some of you cut the gender bashing.]
What I find odd is that a majority of the posters on this thread are female, and the gender bashing is coming from some of the females, aimed at the female jury(assuming that is the subject of the bashing).
I happen to be male, but I think the Females in the Jury are doing a good job so far.
I'm not a lawyer.
That scenario would be the very worst.
Don’t know. I skip the boring parts.
He is certainly well qualified
The jurors don’t seem to be the type to hate law enforcement
You’re right about that.
If Neighborhood Watchers are not allowed to WATCH, then I’d say a name change is called for.
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