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To: CA Conservative
-- But then why is it okay for the prosecution to ask if the comments made by the defendant showed "spite or ill will" toward the victim? --

It's not. But O'Mara didn't object because he didn't mind the answers.

It's okay to ask about defendant's tone, demeanor and other indicia. The issue comes when assigning ultimate conclusion. E.g., "(I think) He had or showed ill will" or "(I think) He was lying" or "(I think) He was telling the truth." Those issues are for the jury.

66 posted on 07/02/2013 4:52:49 PM PDT by Cboldt
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To: Cboldt

Cboldt...you are one of the reasons FR is so popular. Informed,knowledable information from someone who has been there and done that, and without a hidden agenda.

Thank you for all your comments, I have learned quite a bit.


70 posted on 07/02/2013 5:00:58 PM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: Cboldt
"It's okay to ask about defendant's tone, demeanor and other indicia. The issue comes when assigning ultimate conclusion. E.g., "(I think)"

Along this same line of questioning, I was really unnerved by the "medical examiner" making definitive conclusions based solely on reviewing pictures of Zimmerman that she called "distorted". She admitted that she doesn't understand physics, which means she doesn't understand how the physical world works (including gravity). She kept proclaiming that the injuries to each part of Mr. Z's head was from a single contact. How can her "expert" opinion be any more valid than the 2 detectives who believed, based on their training and experience, that Mr. Z was telling the truth?

MOM did a pretty good job at cross examining her, but I think he'd have made a better defense if he brought in a skull and made her demonstrate how a single contact to a hard, oval object can cause multiple specific contusions, bruises, and swelling on other parts of the scalp.

138 posted on 07/03/2013 10:51:37 AM PDT by uncommonsense (Liberals see what they believe; Conservatives believe what they see.)
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To: Cboldt
Also, the medical examiner said unequivocally that Zimmerman didn't lose consciousness. Preposterous! How does she know that from pictures?

Here's a good example of what can happen:

Forrest Griffin is the former UFC Light Heavyweight Champion and is well known for being able to take massive punishment. In the following video at 6:28, Griffin is fighting Anderson Silva, who is probably the most accurate striker in MMA history. It looks like Griffin is merely tapped by Silva and he collapses like a rag doll...

Anderson Silva Highlight Compilation (Best MMA Fighter Ever)

Many times, a fighter is caught with a good strike to the head and they are declared technically knocked out. The fighter almost always is still active, grabbing the opponents leg or the ref and they refuse to believe they were TKO'ed until they see the replay on the big screen. Zimmerman would not even know he was briefly unconscious.

Also, other commentators have said that blocking someone's airway is not part of MMA. Such ignorance - it's a BIG part of Brazilian Jujutsu (BJJ) and "ground and pound".

So, combine an initial strike to the head that breaks Zimmerman's nose, with his head hitting the concrete, then having his breathing disrupted - I would be surprised if he wasn't at least briefly unconscious and highly incapacitated from lack of O2 without even knowing it. I've seen it many, many times during MMA fights (one of my favorite sports).

All this, plus Martin having Zimmerman under "full mount" which is almost impossible for experienced fighters to escape under the best of conditions, then Martin goes for Zimmerman's gun... no one could deny that Zimmerman was in serious trouble!

140 posted on 07/03/2013 11:34:59 AM PDT by uncommonsense (Liberals see what they believe; Conservatives believe what they see.)
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