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To: Aunt Polgara
-- Do you think the judge went back to make sure the state hadn't tried to deceive him? --

IIRC, listening to a recording of the June 1 hearing, the judge went back and listened to a recording of Shellie's April 20 testimony.

-- I was under the impression that the state had to show that "proof of guilt is evident or the presumption great" that he committed the crime in order to deny bail. What do judges normally do in situations like this? --

This being a case with a life sentence, bail is denied if the state has a slam dunk, airtight case. That's the "proof of guilt is evident or the presumption is great" standard. But the judge is to deny bail under other conditions as well, so the state has more than one way to keep defendant in jail.

The other ways to keep defendant in jail, even without an airtight case against him, the judge must find the defendant to be a flight risk, or, in the alternative, the judge must find the defendant to be a danger to society. A typical scenario had defendant out on bail, then committing another crime, or violating one of the condition of release.

-- ... it seems to me that G & SZ's rights were violated. [Judge Lester] gave them no time or opportunity to defend themselves. Do you agree? --

Yes. And as suggested by my remarks about conditions for denial of bail, I also think Judge Lester failed to make a finding necessary to support revocation of bail. He didn't find the state to have an airtight case, he didn't find Zimmerman to be a flight risk, and he didn't find Zimmerman to be a danger to society.

While in the universe of possibilities, Lester may revoke bail, he lacks the justification to do so on the facts in hand.

One of his options is to modify the amount of bail, and I don't think that option is viable now that the defense fund money is sequestered from defendant.

I don't think he has the option of a contempt of court against George, for sitting there like a potted palm. But, assuming for the sake of argument he does have that power, he didn't use it.

I think Lester screwed up more than one way, and O'Mara is chicken to point it out.

130 posted on 06/05/2012 7:59:22 PM PDT by Cboldt
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To: Cboldt

Zimmerman’s dad is a judge, right? I wonder what he thinks about all this garbage.


136 posted on 06/05/2012 8:29:43 PM PDT by butterdezillion
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