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.
advantage is facts in evidence....
Defense always has the last say, I believe.
Awww thanks! That is so cool! I rarely ‘win’ anything :)
True. But GZ is no OJ.
This site that I found does a great job of summarizing the trial every few minutes.
It’s great so far.
Hallow point less likely to injure anyone else.
Get OUT! After last night I figured she’d have to go easy on defense but I’m late to watch this morning.
I really miss Judge Belvin Perry.
BTW, did the witness say he was retired?
He looks all of 50 years old...Hows that possible?
Where’s Bernie. Kevin Costner is usurping the F’in punk mantra
WOW! Can’t help cussing in that room!
Here we go with the cross - and the cuss words again. Geez.
Now Guy is up —
and he has been dying to say “asshole” and “fu**ing punk”
Here we go........a$$hole. f’n punk.......
:)
Too bad it’s not money!
This attorney is trying to make “F’n punk” sound racial...
Say it slower slick...lol
Yup.
He must be guilty of murder because he used bad words.
The side with the burden of proof, the prosecution, always goes first. They will start and split the total time they have for argument between the initial argument and rebuttal. The defense goes after the first argument by the State. So the arguemnt goes: State, Defense, State for rebuttal. If things go like in my jurisdiction.
Hmmmm...didn’t know him......
could be aol or prodigy address, but it is funny!
>> Does anyone think it odd that the Florida Bar Association uses gmail?
For mail they don’t intend to read? Sure, that’s exactly what I do.
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