Posted on 06/01/2012 11:50:10 AM PDT by Lurker
ORLANDO, Fla. (WLS) - Prosecutors asked a judge Friday to revoke the bond of the neighborhood watch volunteer charged with killing 17-year-old Trayvon Martin.
Prosecutors said in a motion that 28-year-old George Zimmerman and his family misled them about his finances when testifying during a bail hearing that allowed him to be released from jail on a $150,000 bond. Prosecutor Bernie De la Rionda asked for the revocation during a hearing to help determine if prosecutors and the defense can stop the public release of certain documents in the case.
During the bond hearing in April, Zimmerman's relatives testified they had limited funds. Zimmerman's attorney said several days later that he had discovered his client had raised more than $200,000 from a website. At the time of the hearing, about $135,000 had been raised, and that money wasn't disclosed at the bond hearing.
"This court was led to believe they didn't have a single penny," said Prosecutor Bernie De la Rionda. "It was misleading and I don't know what words to use other than it was a blatant lie."
Defense attorney Mark O'Mara said it was an innocent misunderstanding and that Zimmerman wasn't using that money for his expenses and wasn't sure what he could use the money for. He said Zimmerman used the houses of his parents and grandmother as collateral for the bond.
Prosecutors also said in the motion that Zimmerman didn't disclose he had a second passport. Zimmerman turned his passport over to the court at the bond hearing as a measure that would prevent him from fleeing the country.
Zimmerman is pleading not guilty to second-degree murder and claims self-defense. Zimmerman shot Martin last February during a confrontation at a gated community of townhouses in Sanford, Fla., where Zimmerman lived and where Martin was visiting his father's fiancee.
The delay in an arrest for 44 days prompted protests nationwide and led to Sanford's police chief stepping aside so emotions could cool down.
At Friday's hearing, De la Rionda and O'Mara also asked a judge to stop the public release of witness names and statements made by Zimmerman to police officers. Those documents normally are part of the public record under Florida law.
"What's occurring, unfortunately, are cases are being tried in the public sector as opposed to in the courtroom," De La Rionda told Circuit Judge Kenneth Lester. "We are in a new age with Twitter, Facebook, and all these things I've never heard of before in my career.
Everybody gets to find out intimate details about witnesses that never occurred before. Witnesses are going to be reluctant to get involved."
A consortium of more than a dozen media groups, including The Associated Press, asked the judge to ignore the request, saying such records are presumed to be publicly available under Florida law.
Rachel Fugate, an attorney for the Orlando Sentinel, cited the Casey Anthony trial as an example of a highly publicized case in which a jury was able to be seated despite intense media coverage. The Florida mother was acquitted last year of killing her 2-year-old daughter.
"Discovery in Florida has traditionally been open ... and Florida hasn't encountered problems seating juries and giving defendants fair trials," Fugate said.
O'Mara said Friday on a website that he doesn't expect the case to be ready for trial until next year.
O'Mara said he expects to call on 50 witnesses who need to be deposed before he decides whether to file a "stand your ground" motion which would ask for a hearing before a judge without a jury. At the hearing, Zimmerman would argue self-defense under the Florida law which gives wide latitude to use deadly force rather than retreat in a fight if people believe they are in danger of being killed or seriously injured.
The Associated Press Contributed To This Report
How the hell can someone be punished for raising money for their defense? Is that a crime now? With headlines like this I hope the revolution is nigh.
How the hell can someone be punished for raising money for their defense? Is that a crime now? With headlines like this I hope the revolution is nigh.
Your post nails it. Anyone defending this action is a kook, and that is being generous.
Your post nails it. Anyone defending this action is a kook, and that is being generous.
Evidently.
So then the lawyer O’Mara had both the passport and the PayPal money in his possession the whole time. Corey has got to have egg on her face this morning. And then she asked for a gag order on O’Mara and was denied and higher bail bond was also denied.
Yes, although possession or control of the funds is arguably, a rock bottom, in Zimmerman's hands. The only claim the state has left is that the family misled the court as to the amount of funds available to it.
I disagree with Judge Lester's characterization or accusation that Zimmerman could act the part of "potted palm" during the bail hearing. I expect Zimmerman had been told either that he didn't have to talk, or that he shouldn't - beyond offering the apology. It's not within his initiative to voice corrections while others are testifying, and IIRC, he wasn't asked about the account. Judge Lester showed he's not averse to asking his own questions of a witness, he questioned Gilbreath about the proximity of the gun to Martin when it discharged, and he could have asked Zimmerman about the amount of money in the PayPal account.
-- Corey has got to have egg on her face this morning. --
I think she's feeling smug. Got one over on Zimmerman.
-- And then she asked for a gag order on O'Mara and was denied and higher bail bond was also denied. --
I don't think she's going to like the order following the press motions to make public. She might get higher bail, but only what the funds in the account will permit.
So, if Zimmerman is innocent and convicted anyway, that's a "win" because he happens to be a registered Democrat? That's despicable.
The people at the big banks (and the not-so-big banks) who falsified foreclosure documents should be charged with that (whether fraud, forgery, perjury - whatever particular statute applies), as should their supervisors and higher-ups who knew about and were complicit in the forgeries.
Jon Corzine is a criminal. How come he's not under arrest?
Agreed, he is a criminal. He's not under arrest because, with a few "show-trial" exceptions, the government typically views financial fraud as a "civil" rather than a "criminal" matter, and the SEC and other agencies take their sweet time "investigating" before they ever even consider facing charges. He should be under arrest, but he's not (and, unfortunately, probably never will be).
If "the courts" were on fire, I wouldn't relieve myself on them to put it out.
How did you feel about Bill Clinton's impeachment? Either lying to courts is bad, or it's not. I happen to think it is.
Given the lynching of Zimmerman; Corey’s distortions in the charging document and the media’s hype and downright lies “reporting” the incident, as well as the race-baiting hucksters wanting Zimmerman dead THEN tried, I will withhold my opinion as I don’t believe them.
What passport? We don’t know what passport or even if there was one. Ff there was a second passport, was valid? Maybe it was reported lost and unusable and therefore useless.
We. Don’t. Know.
As I’ve posted before; “Given the lynching of Zimmerman; Corey’s distortions in the charging document and the media’s hype and downright lies ‘reporting’ the incident, as well as the race-baiting hucksters wanting Zimmerman dead THEN tried, I will withhold my opinion as I don’t believe anything the government or media say/report. They lost all credibility.”
Superb post.
In light of the recent revelations in the case the judge should have thrown out the case instead. Sadly the race baiters in the United States would never do that.
If I got the story correct, these are funds donated for the defense of Zimmerman. i.e. to pay attorney fees. Just how can anyone consider these to be assets of Zimmerman’s or his family? Without the situation there would be no donations.
Disgusting mis-justice. Can happen to any of us in this current climate that the libs have crested.
btw: I family cases I have actually heard a judge say “it’s ok and legal for social workers to lie to clients. Clients that are taxpaying, that are citizens, and parents.
Court authorized lying and deceit done upon the citizenry.
Thanks for posting. This will be a good website for current information. I don’t know how long it has been up but if the prosecution had read it, they could have saved their huffing and puffing at the hearing yesterday.
The amount Zimmerman raised WAS IN THE NEWSPAPERS! How can the prosecution argue they didn’t know?
I suppose. But it seems the notion there was intent to flee at all, is typical Corey prosecutory desperation.
"On the 26th when I first talked to George, coincidentally I was talking to him about the money and the check. ........ He forwarded to me in a fed ex package the second passport and the check at one time. As it turns out, we have good documentation that it came to me on the 26th."
How does this work? The same day? From out of state? And a check for how much?
It looks like on 4/12 the site is set up, and George also signs up with O'Mara. Interesting coinkydinky there...
George is released on 4/20.
So the question is how much of the Paypal funds were verified and transferable on that date. That amount is all George's wife would have been compelled to acknowledge. IMHO.
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