Would they get the cell phone evidence in with a second trial?
They already have the messages, they just could not enter them as evidence because the judge ruled they were not “authenticated”. The defense said they did not learn of the messages until shortly before trial because the prosecution withheld them. I would think it is a big cloud over a retrial. They certainly would be a factor in a retrial and there is also the derfugalty caused by firing of offices information technology director. It looks like to me prosecution has one roll of the dice and if they get a hung jury this time around they might as well throw in the marbles.
From an article by Jacksonville.com
“White then contacted one of Zimmermans attorneys and learned the defense had not received the report generated by Kruidbos. The defense did receive the source file from the cellphone and used its own experts to extract data.
This seems to me to be admission by the prosecution they they were in fact withholding evidence.
Your egregious lack of regard for the sensitive nature of the information handled by this office is completely abhorrent, Peek wrote. You have proven to be completely untrustworthy. Because of your deliberate, wilful and unscrupulous actions, you can never again be trusted to step foot in this office.
Read more at Jacksonville.com: http://jacksonville.com/news/metro/2013-07-13/story/state-attorney-angela-corey-fires-information-techonology-director-who#ixzz2YxWGwDp1