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To: Cboldt
"Until he got de la Rionda's motion, Lester didn't know the contents of the prison calls, so didn't have any evidence about Shelly Zimmerman's awareness of funds."

If he read O'Mara's letter on 5/18 he would have had a full accounting of funds. However, it would be sans "jailhouse code speak".

"......he feels he should have been told about the money on April 20th."

A perfectly reasonable emotion.

Apparently Lester has said he was going to schedule a hearing so he could explain himself after George was back in custody.
Exactly how whether George turns himself in or not effects Lester's previous rulings remains to be seen.

208 posted on 06/03/2012 9:51:17 PM PDT by moehoward
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To: moehoward
-- Exactly how whether George turns himself in or not effects Lester's previous rulings remains to be seen. --

I think MJW (who posts mostly at JustOneMinute) raised a good point about Lester's power to revoke bail. Under FL law, a defendant is entitled to reasonable bail unless they are a flight risk or danger. Under capital and life sentence cases, the law also provides for denial of bail if the state's case is strong.

Assuming defendant has a case, the first issue at bail hearing is danger to society or flight risk, and as far as the judge is concerned, Zimmerman is neither of those. Calling Zimmerman back to jail is further evidence that Zimmerman is not a flight risk, but I think there is a good legal question about whether or not the judge has the power to revoke bail, under the law, under this charge.

Once defendant has been found not a risk of flight nor danger to society, the judge sets the amount of bail. He may change the amount under the same pretrial release rule [Crim Pro 3.131(b)(5)] that empowers him to revoke the bail. But, goes the argument, he may not revoke the bail unless defendant has committed a crime while on release, or the judge otherwise finds flight risk or danger to society.

With that as foundation, and I don't expect O'Mara to argue that the judge improvidently revoked bail (although I think there is a good argument that is the case), what happens? I doubt Lester now finds Zimmerman to be a flight risk or danger to society, so he is obliged to grant bail. With the money out of Zimmerman's direct reach, Lester must order the trustee to make funds available to Zimmerman, in order to justify increasing Zimmerman's bail based on money donated to his legal defense. Bit of a mess there. If Zimmerman doesn't have resources for additional bail, Lester can't impose it, as doing so deprives Zimmerman of his right to be free pending trial. Maybe a token increase in bail of $50,000.

-- If he read O'Mara's letter on 5/18 he would have had a full accounting of funds. --

Yes, and he may have been suspicious that Shelly was not as forthcoming as she was supposed to have been, on April 20th. But without the state's accusations that she and George were discussing moving the money between accounts, etc., before April 20th, he lacked formal evidence, on the record, that "the information to be used in connection with an application for bail, [was not] accurate, truthful, and complete, without omissions, to the best knowledge of the defendant."

I figure the hearing will be this coming Friday, June 8th, and that Zimmerman will be released directly from the hearing. A downside to the family is that Shelly will have to appear in person, and the press will be sure to publish her appearance far and wide.

209 posted on 06/04/2012 3:31:08 AM PDT by Cboldt
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