Martin/Zimmerman case: Prosecutor missed deadline to release evidence

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[ElenaM]

Fight over public's right to know intensifies as lawyers disagree about record law

SANFORD, Fla. -

As controversy over the $200,000 George Zimmerman raised on PayPal took center stage Friday, Special Prosecutor Angela Corey's decision to ignore legal questions raised over whether she's obeying Florida's public record law went largely unnoticed.

But the issue of whether Corey has the legal right to continue preventing the public from seeing the evidence she says proves Zimmerman committed the second degree murder of Trayvon Martin seems to be coming to a head.

The special prosecutor's office on Friday refused to make that evidence public -- even though an attorney fighting for the public's access insists Friday was when Florida law required Corey to share the evidence with the millions of people following the case.

[redgolum]

In a just system, you would be right. But this is election year race politics. The legal situation stopped being important once the decision was made to make this “white CCW killing black kid”. The facts no longer matter, the narrative does.

That is why Zimmerman was charged, and that is why somehow he will be convicted. No one in Florida wants to risk a nation wide race riot. This is politics of the worst sort. And a heck of a warning.

[Cboldt]

-- O'Mara, however, believes the 15 day clock begins on arraignment according to the article. --

He's said that a couple of times, but the FL Rules of Criminal Procedure say 15 days after the indictment or information is filed (then the Notice of Discovery). The information was filed on April 11, and the Notice of Discovery was filed on April 12.

O'Mara must know that if a Notice of Discovery is filed before the state files its charge against the defendant, that it might as well not be filed at all.

Rule 3.220 Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules ...

Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the stateas possession or control ...

[sirchtruth]

That is why Zimmerman was charged, and that is why somehow he will be convicted.

This is crap, what WILL he be "convicted" with? My point is they can not make this up beyond this charade unless there is evidence we do not know about. Zimmerman will be a VERY rich man because the lawsuits for a wrongful trail would bring down the house!

[Cboldt]

There is more than one venue for obtaining some of the evidence. In addition to the filings in the court, a public records request can be made of the SPD, and of Corey's office. The threshold for public availability is "active" investigation; not turning over to defendant.

Corey's office is blowing smoke. What she has to assert, to keep the investigation out of the public eye, is that the investigation is not concluded.

[patriot08]

While the Zimmerman/Martin ‘white’ on black killing is covered 24/7 on the MSM with an outpouring of rage and charges of a racial hate crime, where is the concern- where is the rage about the home invasion, torture, beating, rape and murder of the elderly white couple by a gang of feral blacks in Oklahoma just a few weeks ago?

The 90 year old war veteran husband was beaten and his jaw broken. He was shot in the face numerous times with a BB gun and sent to the hospital in critical condition.

The 85 year old partially blind wife was RAPED and then BEATEN TO DEATH.

Can you just imagine the pain, the humiliation, the horror that dear old lady experienced being gang raped by that pack of feral animals?

(the autopsy states she was raped. Don’t think all of these animals didn’t all participate)

And can you imagine the pain, the horror of that dear old husband having to witness this?

There’s a lot more involved here than a home invasion and robbery.

WHERE ARE THE CHARGES OF A RACIAL HATE CRIME??

90 year old husband’s jaw broken and shot in face with a BB gun numerous times?

85 wife year old semi blind wife RAPED and BEATEN to death??

Why does it take a foreign press to enlighten America as to this henious crime?

WHERE IS THE NATIONAL OUTRAGE?

[Cboldt]

-- Remember, delay is the Defense's friend, and this is not matter the Defense wants to use his ammunition on. --

I think, in this case, "hurry-up" (follow the times specified in the rules, without extensions) is a better strategy for Zimmerman. The state has a pathetically weak hand. Proving that, publicly, works in defendant's favor.

The state risks loss of evidence or witnesses it does not disclose in discovery.

[Hulka]

Saved from a riot?

Not likely, and in fact probably will cause greater riots than if she had not indicted.

Riot if he wasn’t indicted—likely.

BIG riot when the case is thrown out or he is acquitted. . .very likely because that is what racist thugs do, and by taking the case this far only emboldens them, telling them that mob-rule can and will push the law around—and she raised expectations by doing what she did.

[sirchtruth]

...and she raised expectations by doing what she did.

I understand your thinking here, but I disagree. I think this will all calm down once people see there is NO evidence. Plus the Fact Zimmerman is certainly not a racist makes the riot hounds look pathetically stupid!

[rabidralph]

Looking stupid is not a concern of riot hounds.

[Georgia Girl 2]

They don’t have any credible evidence to release. Its a bogus charge that probably won’t make it past the pre-trial hearing.

[MindBender26]

This is not a People v. Def issue. This is People v. Media, and the Def is not party to case.

Delay ALWAYS helps def, except in the case of one of the Weathermen/Weatherwomen who was about to go to trial in 2001 for a 1960s anti-government Vietnam-era radical bombing. Def was planning on a total acquittal because she had “changed,” maried, raised a family, unjust war, etc....”

Bu then came 9/11, Def lawyer knew public mood had changed, she was screwed, and they took a plea.

[Cboldt]

-- Delay ALWAYS helps def --

Then you pointed to an exception. This case might be an exception too, but obviously, for a different reason.