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BREAKING: Zimmerman Judge Rules Out Audio Experts
TTAG ^ | JUNE 22, 2013 | Robert Farago

Posted on 06/22/2013 9:24:04 AM PDT by SWAMPSNIPER

“In a major blow for the prosecution in the George Zimmerman case, a judge on Saturday barred the testimony of two audio experts who suggested that a taped 911 call indicated Trayvon Martin was crying out for help during the violent struggle that ended with a gunshot,”

(Excerpt) Read more at thetruthaboutguns.com ...


TOPICS: News/Current Events; US: Florida
KEYWORDS: braking; florida; georgezimmerman; mistrial; notbreakingnews; testimony; trayvonmartin; trial; zimmerman
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To: miserare
"I hate to sound prejudiced, but it’s an all-female jury."

Women are his peers? really? wow!

are they all black?

101 posted on 06/22/2013 3:33:21 PM PDT by 1_Rain_Drop
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To: RightFighter; P-Marlowe

Then Z is free. A motion to dismiss for lack of evidence is in order. It was not a good idea to delay ruling on the tape.


102 posted on 06/22/2013 3:46:41 PM PDT by Redmen4ever
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To: Redmen4ever

The motion to dismiss for lack of evidence comes at the end of the prosecution’s case.

Even if there were no evidence presented, this judge isn’t going to literally put her neck on the line and dismiss the case.

This one is going to the jury.


103 posted on 06/22/2013 3:54:59 PM PDT by P-Marlowe (There can be no Victory without a fight and no battle without wounds.)
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To: Sacajaweau

I heard it 2 or 3 times, and it sounded like a voice that could only belong to an older, more mature man like Zimmerman. Much deeper than a kid’s voice.


104 posted on 06/22/2013 4:07:21 PM PDT by supremedoctrine
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To: SWAMPSNIPER

I think excellent also. It was meant to have planted an imponderable into the jury’s mind that they would NEVER resolve-—I assume this was the prosecution’s idea , correct?
Trayvon is not there to give a voice sample, but I have no doubt that should Zimmerman be asked to yell the way he did on that tape, it would sound very similar. It will come out in verbal testimony anyway.


105 posted on 06/22/2013 4:11:44 PM PDT by supremedoctrine
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To: 1_Rain_Drop

Women jurors tend to be Leftists....

Poor Zimmerman is screwed, blued and tatooed!


106 posted on 06/22/2013 4:15:42 PM PDT by Darin1948
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To: Bushbacker1

My guess also.

They are hoping to destroy Zimmerman. The testimony wouldn’t help in that aim.


107 posted on 06/22/2013 4:16:23 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: 2ndDivisionVet

Where did you find this????


108 posted on 06/22/2013 5:05:23 PM PDT by Uncle Chip
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To: Uncle Chip

I Googled “Trayvon” went to images and there it was.


109 posted on 06/22/2013 5:20:58 PM PDT by 2ndDivisionVet (I'll raise $2million for Sarah Palin's next run. What'll you do?)
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To: livius

At least with Zimmerman, they have a person that they can test with. Maybe an opportunity to say it is or may not be Zim.

They could record him over the same equipment or same type of equipment and drop a live squirrel in his britches. Maybe, that might come close to the elevated pitch you get when you are terrified.


110 posted on 06/22/2013 6:02:19 PM PDT by FreeAtlanta (sue the DNC for the IRS abuse! Can RICO laws be used against the DNC?)
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To: Gay State Conservative; Cboldt; Uncle Chip
They are still available to the defense.
Was that states in the article? (I didn't click the link) One might think that,in the interest of "fairness" that if the judge bars one side from calling a certain type of "expert" the same ban would apply to the other side as well.Unless,perhaps,the judge doubted the expertise of a *particular individual*.
I don’t see a great use for them, off the top of my head, but they can be called.
One might think that research has been done at various universities,perhaps even prestigious ones (MIT,Harvard Medical School,etc) on the human voice and voice recognition that could be applied to a matter like this.If my hunch is correct the only thing that might call the "science" into question is if respected researchers have reached substantially different conclusions in their work.
Having listened to a good deal of the expert testimony in the pretrial hearing, I would characterize my own life/work experience as making me at least as knowledgeable as the state’s “experts,” though not nearly as well credentialed as the defense experts - whose testimony makes perfect sense to me, whereas the state’s witnesses were embarrassing, just as the defense witnesses said or strongly implied.
Having read the judge’s finding, linked as follows,
The ORDER EXCLUDING THE OPINION TESTIMONY OF MR. OWEN AND DR. REICH

http://www.gzdocs.com/documents/0613/order_excluding.pdf

32 posted on June 22, 2013 12:56:39 PM EDT by Uncle Chip

I am very pleased by it. The judge dismisses the state’s “experts,” without saying or implying (IMHO) anything negative about those put forward by the defense. The ruling is a slam dunk for the defense. However, the defense experts said that they nor anyone else can tell who was screaming by analyzing the 911 tape. Thus, in the absence of any “expert” testimony from the state, the defense has nothing to gain by putting those witnesses on the stand before the jury - they have achieved the defense’s fondest hopes by convincing the judge not to admit the prosecution’s “experts.” What little might be gained by putting them on would not be worth the money the defense would have to pay them.

I would speculate that the defense lawyers would like to read, or ask the judge to read, enough of the judge’s opinion to help the jury understand the defense’s position - that Zimmerman’s post-fight explanation of the encounter to the police is the truth, and that Zimmerman’s voice is heard on the 911 call, notwithstanding that the defense does not claim that the identity of Zimmerman as the screamer can be confirmed or rebutted by reference to that 911 record.

The police released Zimmerman because, under the evidence they had gleaned, they were required to by the “stand your ground” law. But now that Zimmerman has been put on trial, “stand your ground” is irrelevant to the defense because Zimmerman claims that he had no duty to retreat because he had no ability to retreat. It is not necessary to the defense that all of the screams be from Zimmerman - it is only essential that the jury hold that Zimmerman have understood himself to be in deadly peril and unable to retreat at the moment he fired the shot. In that sense, it is an irrelevancy to have to defend against a prosecution claim that the data proves that Martin was the one screaming. That actually is a political rather than a a legal issue - but, unfortunately, that political issue can have real consequences both in the jury and in the general public.

It seems likely that the prosecution will give Trayvon’s parents the opportunity to claim that they recognize the screams as Trayvon’s voice, but Mr. Martin claimed that that voice was not Trayvon’s, before he realized there was a business opportunity in claiming that it was. Given the defense contention that it is not possible to reliably identify the screamer from analysis of the recorded sound, It’s not clear to me that the defense has anything to gain by putting Zimmerman’s parents on the stand to play “he said, she said” in rebuttal.


111 posted on 06/22/2013 6:57:42 PM PDT by conservatism_IS_compassion (“Liberalism” is a conspiracy against the public by wire-service journalism.)
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To: PapaBear3625

There was also one witness who saw TM on top of Zimmerman. And grass stains on Zimmerman’s jacket. And injuries on TM’s knuckles.

The fact that this case is still going forward is a criminal abuse of power.


112 posted on 06/22/2013 7:04:15 PM PDT by mvpel (Michael Pelletier)
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To: eddie willers
I am no audio expert, but I have sold HiFi gear all my life and the idea that distant background voices recorded by a microphone from the lowest bidder, digitized to the smallest bit-rate possible, sent through other electronic means and then laid on another recorder could have any testimony worthy information is ludicrous.

It's possible to do some pretty amazing things with an uncompressed high-resolution audio recording or--better yet--a set of independent uncompressed high-resolution audio recordings. Detecting the correlations among small details which are too small to be heard directly may allow things which are too faint to be audible in the recordings to be reliably reconstructed. Unfortunately, audio compression techniques used in mobile phones routinely throw out lots of the smaller details without keeping any record that they've done so. Anyone who's used mobile phones much will know that they often distort people's voice in weird ways, so even having someone listen to a recording is not apt to be sufficient for certain identification.

The more fundamental question one should have with the recording is whether the screaming seems more consistent with a person whose head and phase were being battered, or with a person whose fist was being battered. One wouldn't need voice samples of the people in question to make that determination.

113 posted on 06/22/2013 7:06:42 PM PDT by supercat (Renounce Covetousness.)
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To: dglang
The judge specifically named the prosecution experts as non-admissible. She did NOT exclude the defense experts who can now be used as expert testimony to refute anyone who claims to be able to identify Martin as the ‘screamer’.

Those defense experts could not be used to refute a parent or friend of Martin's who says "I am sure that is him." Their testimony was purely on the issue of whether there is any generally accepted forensic method for comparing the screaming voice on the recording to samples of Zimmerman or Martin. The judge accepted that the prosecution's "experts" were cranks. While the defense theoretically could call their experts, they really no longer have anything about which to testify.

There are several problems the prosecution would have if they were to put Martin's parents on the stand, though:

  1. Martin's father initially told police he could not identify his son's voice on the recording, later decided he could. That would be brought out by defense, and makes his testimony less than convincing.
  2. Martin's mother says she can identify her son's voice yelling, but when played a recording from her son's cell phone of a fight, she could not identify whether or not the narrator of the video was her son. The prosecution does not want that video in front of the jury, but if they present the mother as an expert on identifying her son's voice, it's hard to see how they could keep it out.
  3. Zimmerman's father has said he recognizes the screaming voice as his son. He said/she said. Stalemate.

114 posted on 06/22/2013 7:15:48 PM PDT by PhatHead
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To: conservatism_IS_compassion
Was that states in the article? (I didn't click the link) One might think that,in the interest of "fairness" that if the judge bars one side from calling a certain type of "expert" the same ban would apply to the other side as well.Unless,perhaps,the judge doubted the expertise of a *particular individual*.

The ruling was not that "no experts can testify." The ruling (at the risk of over-simplifying) was that the prosecution's proposed witnesses are not actually experts.

As for the defense experts on this topic, they have nothing of value to offer in testimony, so they won't testify. Their testimony was used to convince the court that the prosecution was trying to inject quackery into evidence. Mission accomplished.

115 posted on 06/22/2013 7:20:01 PM PDT by PhatHead
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To: supremedoctrine

It’s pretty clear in this case that the state isn’t looking for justice, it has an agenda.


116 posted on 06/22/2013 7:29:06 PM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: SWAMPSNIPER

First time in ages and ages that George has made it to front page here

About time!! might even add about Freakin time


117 posted on 06/22/2013 7:29:07 PM PDT by Friendofgeorge (SARAH PALIN 2016 OR BUST)
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To: PhatHead

Excellent, yes Georges father said first and very naturally that it was his sons voice.

Only after, much later did the mother of Trayvon Martin say that it was her son.

On that awful CNN HLN they speak as if it was the other way around


118 posted on 06/22/2013 7:35:19 PM PDT by Friendofgeorge (SARAH PALIN 2016 OR BUST)
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To: EDINVA

Al and Jesse have been making a little noise here and there, but I think this case us starting to scare them and Liberals a bit.

It increasingly looks like Zimmerman may get an acquittal. Which could easily lead to rioting.

Rioting would start in black neighborhoods, right? Up until this point and acquittal will benefit the race hustlers.

Problem is that the rioting will also spread to Hispanic neighborhoods. Then it becomes a REAL mess. Race war between blacks and Hispanics is going to be very very bad for the race hustling business.

Al and Jesse are professionals at this. It’s in their interest to be prudent and restrained.


119 posted on 06/22/2013 7:49:39 PM PDT by tanknetter
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To: tanknetter
Al and Jesse have been making a little noise here and there, but I think this case us starting to scare them and Liberals a bit.

Yes...they've moved on to a easier and softer target.

A 66 year old white woman.

120 posted on 06/22/2013 8:17:43 PM PDT by eddie willers
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