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"If I had sons they would look like the Muslim DC Snipers!" - Barack Hussein Obama  Lee Boyd Malvo and John Allen Muhammed THE MUSLIM DC SNIPERS |
Posted on 04/28/2012 8:02:15 PM PDT by 2ndDivisionVet
SANFORD, Fla. - As controversy over the $200,000 George Zimmerman raised on PayPal took center stage Friday, Special Prosecutor Angela Corey's decision to ignore legal questions raised over whether she's obeying Florida's public record law went largely unnoticed.
But the issue of whether Corey has the legal right to continue preventing the public from seeing the evidence she says proves Zimmerman committed the second degree murder of Trayvon Martin seems to be coming to a head.
The special prosecutor's office on Friday refused to make that evidence public -- even though an attorney fighting for the public's access insists Friday was when Florida law required Corey to share the evidence with the millions of people following the case.
The reason the deadline for Corey's evidence to become public was Friday, according to Scott Ponce, the attorney representing media organizations seeking access, is because that was 15 days after Zimmerman's attorney served Corey with an April 12 demand for evidence. This process of the state sharing evidence with both the defendant and public at large is known as discovery.
When denying requests from the public for the Zimmerman discovery records Friday, Corey's office told Local 6 Florida law allowed her to keep the records secret using a criminal investigative exemption because "no records have been provided to the defendant."
But Ponce, who specializes in public record law, believes that Corey can no longer use that reason to withhold records from the public, now that the 15 day discovery deadline has passed. That's because Florida law specifically excludes documents "required" to be given to the defendant from the type of records that can be withheld as criminal investigative information.
When Local 6 emailed Corey and her public records attorney, Lisa DiFranza, asking for an explanation as to how they concluded the records were still exempt criminal investigative information, even though Ponce advised the information was required to be given to Zimmerman Friday, the two attorneys did not respond. Neither did Corey's spokesperson, Jackelyn Barnard, even though Florida's public record law requires an agency denying records to give a written response explaining the reasons it concluded records are exempt, when requested.
Zimmerman's attorney, Mark O'Mara, told Local 6 he wants access to the state's information to start preparing his defense, however, he doesn't want the records to become public before he has the chance to file a motion to keep certain information, like witness names and addresses, secret. Corey's office also wants that type of information shielded from public view.
After Friday's hearing, O'Mara told Local 6 he disagrees with what he called Ponce's "more strict interpretation" of the discovery deadline. O'Mara believes the deadline for Corey's office to make the documents public has not yet passed because his interpretation is that the 15 day deadline for Corey's office to make its evidence public doesn't start ticking until after a defendant's arraignment. Zimmerman's is scheduled for May 8.
In response, Ponce provided Local 6 with the exact rule to refute O'Mara's stance that Friday did not mark the deadline for Corey to make her evidence public through discovery.
"The rules of criminal procedure (Rule 3.330(b)) say discovery is required to be given fifteen days after the demand for discovery is served. Nothing in the rule pegs it to arraignment. It is irrelevant that he does not accept it today," Ponce told Local 6 Friday.
When asked if he'd be taking further action so the records would become public, Ponce said, "No word yet on that."
If so, then Angela Corey is using the same techniques as the US military, in keeping Robert Bales’ attorney from being able to get access to witnesses and evidence in Afghanistan.
Either way it’s a miscarriage of justice.
The whole thing reminds me so much of the dealings I’ve had with the Hawaii government.
If I knew how to do it I’d do a remake of The Fellowship of the Ring, where Gandalf goes to Gondor to look for the records of Isuldur about the finding of the Ring of Power. I’d show the nine Nazgul headed to the Shire in search of Baggins, and then I’d show Gandalf stuck at the door to the building in Gondor, with Janice Okubo telling him repeatedly “There are no records responsive to your request...” I’d flash to the nine finding Frodo, killing him, and taking the ring to Sauron.... all the while good ol’ Janice chirps, “There are no records responsive to your request. Go away, you vexatious requestor...”
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"If I had sons they would look like the Muslim DC Snipers!" - Barack Hussein Obama Lee Boyd Malvo and John Allen Muhammed THE MUSLIM DC SNIPERS |
You're on. I think it will go to trial but not to a jury. It'll be dismissed on the basis of no prima facie case for murder 2.
Was Corey served with the Notice of Discovery? Who does that - the defendant’s lawyer?
I can't find the second pic tonight - seems the media is doing everything they can to keep things under rap that shows he AND the EYE WITNESS were telling the truth
In the meantime, when is the pres. going to express his feelings over THIS young black in a gray hoodie (seems to be the uniform...notice how it's made. The hood come across the front far more than usual hooded sweatshirts - which would allow for it to cover the wearer's face much better - those dang surveilence cameras, you know.
A real reporter would ferret these things out - are these hoodies specifically designed to help hide the face? Why are so many young black perps wearing them?
Like this one - another one that ‘could be’ obamamama's son? Will the press bury it? Will Al and Jessie get all concerned?
From the language:
Looks like the state’s required to go to court before it exercises the investigative discovery exception. It’s up to the judge, not up to the prosecutor. Their mentality seems to be that they own the court, a mentality this judge hasn’t appeared to share.
It’s also clear the exculpatory evidence requirement is a stand-alone section and the timing on it has nothing to do with the timing on the disclosure requirement.
It’d be interesting to know what the cases (if any) construing the statute say, but on the face of it, it appears O’Mara could move for exclusion of every piece of evidence the prosecution hasn’t turned over and the court could grant the motion, effectively leaving the prosecution with no case.
Just blue-skying here, but the prosecution’s discovery violation would be of no moment if GZ is never arraigned.
Nice.
I’ve certainly seen Libs defending St. Trayvon fail to admit this case has lots of similarities to the Duke lacrosse case. They of course refuse to see it. They don’t learn.
Certainly, early testimony (before the witnesses have had a chance to figure out what they should say) trumps later testimony.
E.g., a news report from 22 March claims the lead detective played the 911 recordings for Trayvon Martin's father shortly after the incident, and he said the voice calling for help was not his son's. Oops. If I were on the jury, and Tracy Martin swore in court that it was Trayvon screaming, my vote for Not Guilty would be set in stone. Nothing like catching a liar!
However, at this point, I can't imagine there is any "early" testimony left to be taken. So, let's let it all hang out!
Same question I've been asking for two weeks.
After Zimm’s bond hearing, it was clear to me that many of the Freepers on this thread know more details about the case than O’Mara.
Plus, the “apology” fiasco during the bond hearing.
Plus, O’Mara was on one of the Legal shows last night.
He offered a defense of Zimm’s “$200,000” problem that was so lame I cringed with disbelief.
Now, he apparently thinks the state can withhold evidence for 15 days AFTER the arraignment.
O’Mara used to be a TV legal analyst in Orlando.
I'm guessing that Zimm hired him on that fact alone.
If Zimmerman was guilty - and 99% of criminal defendants are guilty - then I would agree.
If Zimmerman was not going to testify in his own defense, then I would agree.
But the publicly available evidence clearly suggests Zimmerman is the completely innocent victim of a Hard Left political race war.
You can't just lie back and let the MSM kick you to death.
You can't just lie back and proclaim your “confidence in the legal system.”
That's how Zimm ended up with special prosecutor Angela Corey and a Second Degree Murder charge.
pretty slick...she concocts phony info suggesting zimmerman is guilty, when she brings this up in court, the defense challenges it, and it is disallowed, feedding unrest, and consopiracy theorists. zimmernam walks, as is just, but with aq cloud.
Here’s the link to the complete discovery statutes where I got this from:
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Wow! You’re good at searchin’. Thanks for the info.
You may be forgetting the fact that if the case is thrown out before trial on a “stand your ground” self-defense basis, Trayvon’s family can't come after everyone in sight for monetary damages like what happened to OJ after he was acquitted.
Besides that, a trial will take many months and a gazillion dollars. Why should Zimmerman have to put his life on hold and go through all that when the state has admitted that they have no evidence to refute Z’s claim that Trayvon jumped him and started the fight?
ping me later if you do...got lots going on today
Wait until the brothas and the hos burn Disney World.
What does abc do about a riot on their property that they helped create?
M-I-C {see you real soon}...
That is exactly what is happening!
I predict that this is the death knell of effective use of the race card.
Up until now all they had to do was play it and they got what they wanted.
No more.
They "acted stupidly," and are going to pay for it.
bttt
“Perhaps there is no evidence to releae.”
Bingo, we have a winner.
I knew what you were saying. I was just being funny. Or...so I thought.
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