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To: Cboldt

The SYG hearing is also a risk for the defense. Zimmerman would have to answer all of the judge’s questions, baring his whole case ahead of time. If the judge was a stickler for the law exactly as written, the hearing might be a good idea. This judge doesn’t seem like the type to trust for that. I wouldn’t do it either.

Was reported that he can still have a SYG hearing during or after the trial.


33 posted on 05/01/2013 7:53:48 AM PDT by Hillarys Gate Cult (Liberals make unrealistic demands on reality and reality doesn't oblige them.)
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To: Hillarys Gate Cult
IMO, having a immunity hearing before trial is low risk, but that's in large part because I believe the rules allow defendant to make his case without being subjected to cross examination. If the judge rejects the motion, defendant can appeal. In a sense, it give defendant two bites at the apple. This is the norm, FWIW, in Florida. Many defendants assert self defense, and get an opinion from the judge.

If we believe what O'Mara said in his press availability yesterday, he has no intention to ask the judge to decide the case. I do agree that defendant's right to an immunity hearing isn't extinguished for failure to move for this before criminal trial, and therefore he can have an immunity hearing "during" (after presentation of state's case, after presentation of defense case), or after the trial (jury returns hung, or an acquittal, or guilty). But O'Mara said that his client has decided to "take the decision away from the judge" (my words, not O'Mara's), because his client believes the public will be more accepting of a jury's result.

37 posted on 05/01/2013 8:15:46 AM PDT by Cboldt
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