Posted on 07/13/2012 1:21:19 PM PDT by abb
SANFORD --
George Zimmerman's attorneys want to disqualify the judge who is presiding over his second-degree murder trial.
The motion filed Friday says Zimmerman "has a reasonable fear that he cannot get a fair trial or a fair stand your ground hearing by this court."
The motion specifically mentions the new bail Judge Kenneth Lester set for George Zimmerman earlier this month. The motion says Lester made disparaging remarks about Zimmerman's character, says he should be "prosecuted for additional crimes," and is holding the threat of future contempt proceedings over Zimmerman's head.
The judge revoked Zimmerman's first $150,000 bond, and had him rearrested after he allegedly misled the court as to how much money he had available in a fund for his defense.
The motion also says the court is not weighing any evidence of Zimmerman's innocence in the case when determining bond, other than to say "the only issue is the viability of the defendant's self-defense/Stand Your Ground claim" but they also accuse the judge of not discussing that issue either.
The motion also says:
"The court departed from its role as an impartial, objective minister of justice when it stated on two occasions in its order that in the court's personal opinion there is probable cause to believe that the defendant committed a violation of Florida Statute 903.035(3), a third degree felony punishable by five years in prison. This is tantamount to instructing the state that Mr. Zimmerman should be prosecuted for this offense."
George Zimmerman is on trial for second-degree murder in the death of Trayvon Martin last February.
here’s the document.
http://www.cfnews13.com/content/dam/news/static/cfnews13/documents/2012/07/zimmerman-motion-disqualify-judge-0713.pdf
the appearance of impropriety is impropriety.
the simple fact is the judge reads the accusation and can just say “nope, i can be fair.” and that ends it.
If granted, EVERY RULING of the judge can be re-examined.
This sounds like his attorney intends a vigorous SYG defense. That is encouraging.
Thanks for the info.
It certainly looks like the presiding "judge" should be kicked off the case.
Sounds a little bit like reality starting to set in...
What do you think, goseminoles? Zimmerman have a fog of a chance with this?
0 chance
GZ’s lawyer MoM finally realized he had to produce for his client.
*sheesh*
I am so sick of Zimmerman being tried in the media. He killed a thug in aelf defense. Let’s get it over with. Racism be damned!
About damn time
No. The attorney should immediately request a change of venue. The judges remarks show he is not impartial in this matter. Sanford is a small town with too many shenanigans and racial division. The judge can make fair decisions based on Zimmerman’s lack of truthfulness without making impartial remarks, if he is indeed going to be the trial judge.
It’s about time!
On the other hand, it could be that the defense has let the Judge have enough rope to hang himself?
Not only should this hack judge be kicked off the case, the entire idiot ridden united states of america should be kicked off this case.
Travon, the violent son of Obama, got the justice he so richly deserved when he was killed by his victim that he was trying to murder.
He's not only sticking it to Mr. Z in every way possible but he's doing all he can to taint a potential jury pool with his consistent prejudicial diarrhea of the mouth.
George is being Lesterized like the LaCrossies were Nifonged.
GO, Attorney Mark O'Mara !!!
Leni
That could be the next step.
New word! excellent!!
If this can be proven with independent witnesses or court documents, this judge should be removed - not only from this case, but from the bench.
Seminole County has a spotty history of judges who introduce or manufacture their own "evidence" to lock people away. One man is currently on death row based solely on manufactured "evidence" introduced by the judge (I don't know the judge's name).
The discovery documents released to date strongly support Zimmerman's claims about Martin and the FBI report is particularly damning to the prosecution's case. Given these facts, it remains to be seen if Zimmerman can and will get a fair trial.
thanks for the link
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