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.
All this exchange is going no where because they have nothing...Gezzz
How desperate can this prosecution get??
Well, if the prosecution brings it up, isn’t it then allowable for the Defense to bring it up on re-direct?
Just popped in to say UNBELIEVEABLE about not allowing text messages! If the defense had time, they’d depose and bring in the participants in the text discussions to verify that they were indeed “real.” Prayers for GZ!
it seems like he has opened the door asking about those text messges
“Guy is citing Jeantel as their authority for the last 2 minutes”
Hopefully the jurors have already disregarded everything that idiot said.
He should have said “You mean the phone with all the porn, texts about fighting and illegally purchasing a gun?” THAT PHONE?”
What they have been using ARE INCOMPLETE CELLPHONE RECORDS
“Got punched (as he claims) = cheap shot!”
That is not good form for a prosecutor.
Precedent put forth supporting the admissibility of the text messages.
Judge still says not allowed.
And the saddest part of all of this is that the jury may not know about
her rulings when they are told to come in with a verdict.
Well, if the prosecution brings it up, isn’t it then allowable for the Defense to bring it up on re-direct?
That is all he has left is prayers.
juries forget all that lawyer acting as jerk stuff and get to the fundamentals. (attempting to conceal is an exception)
Jurries will look at the physical first and then the testimoney and then experts and the family testimony to character last.
Exactly —
He is asking him why he didn’t consider what he is restrained by the court to consider.
Yeah. Maybe grounds for appeal. But The def is so far ahead of the game at this point......
Definitely. Totally noticeable when they approach the bench. What a little worm.
Haha sucks to be a newbie!! My last post took an hour...
So I have been flippin back between fox hln and CNN and online pages and I’ve heard and read more than a few times that Dennis root is a questionable witness for MOM. That it isn’t his best choice to our him on the stand... I dunno why...
Tell momma martin to wipe that stupid smug grin off her face!!!
Onyx- thanks for checking!!! Love the site!! I’m still learning the basics!! U guys r awesome at helping
Appypuppy- I don’t remember.. I’m I. California so it’s only 7:40 here but it took an hour or so... Ughh
Has anyone heard anything about the CRUMPster making an appearance today?? If so I hope thy have actual evidence against him, cuz as we’ve seen so far everyone is just lieing to the court anyways. We need some cold hard evidence... Does the defense have it??
ROOT is awesome!! Tellin that punk how it is.. Do your homework about me...
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