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.
Yeah. I venture to guess most people getting their heads pounded into the pavement after getting jumped would be emptying their gun with no second thought.
But I believe there was testimony about the gun jamming and some speculation that M may have had his hand wrapped around it so it doen’t cycle properly.
He is using the witness to frame and summarize his case for the jury...and I think it's working precisely as planned.
If I ever needed a defense attorney....and I sure hope I don’t....Mark O’Mara would be the one....(even though I doubt I could afford him after this trial)
MOM asked for recess. Judge asked jury if they wanted one.
They said no.
IMO, they have made up their minds already.
Thong ? Is that what that was?
—since they were state actors they could be sued for deprivation of civil rights. —
Probably need to keep that one in mind(cough, cough)
Done, thanks for the link.
MOM has a great case. I think the State is doing a better job because they have so little to work with....except a judge.
Amazing!
bmfl
notes to self: see post 2600 day 21 vid of last 15 min
see RC’s posts 92 and 96 day 22
go back to day 21 and find 101’s graphic of battle behind scenes for Mr V3
Good morning to all
What was the pithy one liner, and what is it to achieve?
He’s saving those “Lucky Leopards” for closing arguments.
As long as you won't go blind and can't see the trial, put off the eye appt. :o)
“West: There was a double level of security.
Judge: And I know any seven year old can learn the passwords and get into that because they do it all the time.
West: The FDLE had his phone for a year and they couldn’t do it”
BAWAHAHAHAHAH. . . .!!!!
But, that does not preculde a civil suit at the state level, does it?
IMO, they have made up their minds already.
I remember being on jury duty and not being allowed to talk about the case until we were released to deliberate. I can imagine this jury, when they are released, as soon as the door closes, all laughing about how the hell this ever made it to court. Except they probably won’t be laughing.
And imagine the holdout’s response. I remember that in one case I wanted an immediate vote so we could send a message to the ambulance chasing plaintif, but a few wanted to be “absolutely sure”. Same will happen here.
Nevertheless, if there are a couple who want to find guilty, imagine the grief they will get from the rest of the jurors. It will be pathetic if they cling to guilty.
Does anyone think it odd that the Florida Bar Association uses gmail?
Anyone else lose the video?
Dang, I have a dentist appt and should leave now!
Change it, go, change it, go - this is rumbling in my mind!
lol
I am clearly addicted!
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.