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.
Given the evidence presented in the state case, I find it hard to believe a rational, impartial, federal jury could ever conclude so. A Federal 're-trial' of this case to achieve an opposite verdict would not be well received by the rational portion of this country, and should not be attempted...
the infowarrior
I don't believe judges can be disbarred. Technically, they don't even have to be lawyers.
This judge would clearly disagree with ZOT-ing. After all,who know who actually typed it. It could have been ANYONE at the keyboard.
When the gals tell me they are going to "the beauty shop" I always ask them to bring me a doggie bag.
That bald-headed former prosecutor on CNN just said the witness has been a disaster for the defense because the prosecutor has completely changed tactics and are now agreeing with the defense that Zimmerman was on the bottom.
He said the prosecution is trying to mow prove that Zimmerman could have gotten away and didn’t have to shoot. He goes on to say the the shrimp name Guy has poked holes in the testimony of the expert by getting him to agree with him.
the fix was always in
never say never.
you have six mothers watching a “grieving mother”
of course now the father’s testimony is tainted.
I want to see crump’s testimony.
That lego is white.
there is at least one case that is right on point for this and it should be allowed in..sorry can’t tell you the name because I saw the name this morning
WTFTV hedged and didn’t say it was outright reversible error..said it is possibly reversible error
Everyone’s a critic.
Many of the talking heads I have seen have found a way to describe every witness as a disaster for the defense.
But in those areas not requiring “color of law” I do think some type of “class based animus” is required, right?
They might try 18 USC 249 and argue it’s a hate crime, but that would be a stretch.”
That stinks.
I'm getting smarter!
Interesting. I wonder how the prosecution would intend to “prove” that Zimmerman had other options?
True. Unlike OJ, Zimmerman is actually innocent of the charges.
Lumarque?
I was referring to the judge.
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