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Judge to rule in morning about Trayvon fighting texts after contentious nightime hearing
legalinsurrection.com ^ | 7-9-2013 | William A. Jacobson

Posted on 07/10/2013 5:52:45 AM PDT by servo1969

A hearing was held this evening, concluding just before 10 p.m., on the attempt of the defense to introduce expert testimony as to text messages regarding fighting found on Trayvon Martin’s cell phone. The judge previously had ruled that such social media evidence could not be mentioned in jury selection or opening statements.

A large group of texts and photos were released in late May, but only some of them are at issue now.

[video]

The judge expressed concern (full embed below) about admissibility on ground of authentication, that the defense could prove that the texts were to and from Trayvon’s phone, but could not prove that Trayvon was using the phone at the time. “I don’t have any identifying marks that these text messages” were sent by or from Martin. “Another person may know that password.”

The hearing was highly contentious, with defense lawyer Don West vigorously asserting that failure to allow the evidence would violate Zimmerman’s constitutional rights, and blaming the prosecution for withholding evidence until early June as to the texts. West argued that it was unfair to hold the defense to strict authentication standards given the prosecution’s tactics.

13-hour trial day ends with exhasted judge storming off bench after near shouting match w/ DonWest. #Trayvon, #Zimmerman.

— Rene Stutzman (@renestutzman) July 10, 2013

The fireworks started about mid-way through this clip:

[video]

Mark O’Mara complained that given how late it was the defense could not have the rest of it’s case lined up for the morning, and West said at the end of the clip as the judge was walking out that he’s physically unable to keep up this pace.

The texts in question were early in February 2012, just a week or so prior to the shooting at issue in the case.

One of the texts in question spoke about punching someone in the nose and making them bleed.

West: #TrayvonMartin texted on "how he was able to hit the person in the nose & make their nose bleed." #ZimmermanTrial #GeorgeZimmerman

— Jeff Weiner (@JeffWeinerOS) July 10, 2013

As well as communicating with his half brother regarding fighting.

Connor: #TrayvonMartin's half-brother asked on Facebook when TM was going to "teach me how to fight." #ZimmermanTrial #GeorgeZimmerman

— Jeff Weiner (@JeffWeinerOS) July 10, 2013

The testimony of Richard Connor showed a heavy flow of texts about fighting

Connor testifies he found another text convo from #TrayvonMartin's phone about a fight with rounds. #GeorgeZimmerman #ZimmermanTrial

— Jeff Weiner (@JeffWeinerOS) July 10, 2013

Connor testifying about #TrayvonMartin texts. Says TM said he was sore from a fight. Lost 1st round, won the 2nd & 3rd. #ZimmermanTrial

— Jeff Weiner (@JeffWeinerOS) July 10, 2013

The texts were kept in double password protected folders.

Oh, so the pictures were in a separate encrypted folder. So only Trayvon could have gotten access (deleted) them. #ZimmermanTrial #Zimmerman

— coreshift (@coreshift) July 10, 2013

Connor says he found app on phone designed to hide text messages in separate database. #ZimemrmanTrial #GeorgeZimmerman #TrayvonMartin

— Jeff Weiner (@JeffWeinerOS) July 10, 2013

Connor: 2nd app hid pictures in what looked like French-language application folder. Also needed passcode for that. #ZimmermanTrial

— Jeff Weiner (@JeffWeinerOS) July 10, 2013

The defense did not seek to introduce a photo of a gun found on the fun, stating that they had not yet connected it to the evidence introduced so far.

But the defense does want to introduce a photo on the phone showing Martin’s physique. Although the photo was not shown on camera at the hearing, I believe this is the photo:

[photo]


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Florida
KEYWORDS: banglist; fighting; martin; trayvon; zimmerman

1 posted on 07/10/2013 5:52:45 AM PDT by servo1969
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To: servo1969

The prosecutor sandbagged on this evidence because it is the most powerful defense evidence available. The prosecution should be brought up on ethical violations for this. I think it’s a slam dunk basis for reversal on appeal if Zim should be convicted.


2 posted on 07/10/2013 5:55:42 AM PDT by circlecity
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To: servo1969

Imagine a terrorist is being tried for attempting to blow up a building. They find hundreds of emails and word documents on his password protected laptop all devoted to planning out this attack, but the judge rules it indadmissable becuase someone else may have known the password so we can’t be sure the defendent actually created that information.

Actually, in that case it makes more sense because it is possible someone was trying to frame him.

That is highly unlikely here, for obvious reasons.

i.e. the judge is a biased jackass.


3 posted on 07/10/2013 5:57:50 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: circlecity

How did this evidence come to be discovered by the defense?

And what did the prosecution say when it came out in the open?

Surely the prosecutors knew the ethics that were violating, keeping this evidence hidden?


4 posted on 07/10/2013 6:07:27 AM PDT by rawhide
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To: rawhide
Check out this thread:

http://www.freerepublic.com/focus/f-news/3041121/posts

The texts are clearly admissible and this judge is clearly doing everything possible to railroad Zim.

5 posted on 07/10/2013 6:10:54 AM PDT by circlecity
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To: servo1969

The Judge should have given sanctions against the State
for WITHHOLDING EXCULPATORY and RELEVANT EVIDENCE
BUT instead affirmed she runs a kangaroo court.

Then, she went after Zimmerman personally.


6 posted on 07/10/2013 6:16:15 AM PDT by Diogenesis
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To: rawhide
Ethics, My FRiend, has nothing to do with this trial. For that matter, neither does the truth, the law, or fairness. What this"trial " is about is railroading, convicting, and lynching an innocent man. If the lynch Zimmerman mob had stormed the jail and taken him forceably, their actions could not be more obvious or plain.

This Stalin era Soviet show trial is about one thing and one thing only: convict George Zimmerman. Ant by hook or by crook, it will happen.

7 posted on 07/10/2013 6:17:14 AM PDT by sport
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To: sport
What this"trial " is about is scaring any law abiding citizen from exercising their 2nd amendment right to be secure through the railroading, convicting, and lynching of an innocent man.
8 posted on 07/10/2013 6:22:02 AM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: liberalh8ter

You are correct. It is also to cower lawabiding citizens into submission to the hoodlum element. In order to allow them to do their robbing, murders, rapes , and beat downs without fear of reprisal.It is my hope and prayer that every self hating White that is in the lynch Zimmerman mob gets beaten to the point of permanent injury by a mob of those they are encouraging to attack us


9 posted on 07/10/2013 6:28:58 AM PDT by sport
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To: sport

Every morning I begin my day with a prayer for George Zimmerman and with each passing day, my prayers become more impassioned.


10 posted on 07/10/2013 6:34:08 AM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: servo1969

This blogger is second to none in gathering fascinating information - and then putting it on one of the world’s worst-formatted blogs.


11 posted on 07/10/2013 6:44:22 AM PDT by wideawake
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To: cuban leaf

re: Imagine a terrorist is being tried for attempting to blow up a building. They find hundreds of emails and word documents on his password protected laptop all devoted to planning out this attack

Good point. It is ironic at this time that we have an administration that is actively spying on every single phone call, every single text message, and every single email of its citizenry, supposedly in the name of national security. But this judge, who is most likely getting some pressure, at least indirectly from Holder & the whitehouse is calling the evidence of Saint Trevon’s texts inadmissible. The bias of this judge is overwhelming. How she sleeps at night I can not figure out.


12 posted on 07/10/2013 6:58:10 AM PDT by Nevadan
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To: servo1969

The gun pics are mentioned here. One of them is very clear. Perhaps the gun’s serial number can be seen. Run a trace? Might be interesting!


13 posted on 07/10/2013 7:08:48 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: servo1969

Can I use this defense, that is the NSA knows my passwords so anyone could have put ‘evil FR stuff’ on my computer?


14 posted on 07/10/2013 7:16:59 AM PDT by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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To: servo1969

I don’t trust this witch of a judge to do anything fair for Zimmerman’s side. She’s in on the fix, if you ask me. Her friend Corey told her to convict Zimmerman, and she is doing all she can to comply. Our only hope is that the jury gives her six index fingers.


15 posted on 07/10/2013 7:25:12 AM PDT by KAESNO2
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To: servo1969

This trial has “APPEAL” written all over it.


16 posted on 07/10/2013 7:26:39 AM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: liberalh8ter

He is going to need them. Despite what many on these threads think, I believe that he will be convicted. I hope I am wrong.


17 posted on 07/10/2013 8:05:32 AM PDT by sport
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