Posted on 07/11/2013 4:59:59 AM PDT by Uncle Chip
Today, July 11th, is DAY #23 (of 5th week) State of Florida V. George Zimmerman case.
Yesterday the defense rested its case. A legal analysis via Professor Jacobson HERE.
From my perspective the entire case ended, as expected, early in the day yesterday when Judge Nelson gave George Zimmerman his personal Platinum Express DCA Acquittal Card. The ruling, and more importantly the legal determination she used on the ruling, regarding the Trayvon Martin phone evidence was an immediate Nuclear DCA option. Nelson essentially ruled against admissibility based on ”authentication”. She could have kept it out under other legal reasoning, but no, she chose the one without the slightest chance of being upheld by a District Court of Appeals. IMHO this was intentional and aligns itself with the way she has ruled during the pre-trial discovery phase, and during the case itself. She’s a rigid ideologue, but she’s not stupid – this was intentional.
By ruling the phone records (texts and pics from Trayvon) cannot be “authenticated” to have originated by the specific personage of Trayvon Martin just gave the dismissal of the case to George Zimmerman with a bow on it.
As it was carefully explained to me, the phone is like a bucket. The data inside the phone is like marbles in a bucket. Some marbles from calls, others from pictures, others from texts, etc. The State brought the bucket into court – and validated the bucket contents with their own witness from the phone company – Both the State and the defense then began arguing their case around the phone call marbles in the bucket – Primarily with Rachel Jeantel. But no-one challenged the bucket itself. The State authenticated the bucket and the content of the bucket during the introduction.
The defense picks up the same bucket the state hands them, and now begins to use the contents – texts and pictures – and then Nelson rules the bucket itself cannot be authenticated. It doesn’t work that way.
If the state authenticates evidence, it cannot be divided and only authentic when the state holds it, but not the defense. Flawed logic – ABSOLUTELY positioned to give such a prejudicial outcome, the appeal would result in dismissal, not retrial. Nelson gave the case away to George Zimmerman.
She could have ruled on relevance, admissibility, or other factors – but she chose the one destined to fail, “authentication”. She gave it away.
In other news, people are catching on to the Eric Holder, Department of Justice, Civil Rights Division, Community Relations Service – being the actual puppeteers behind the entire construct of the false case. To them we say “welcome to the party pal“.
Zimmerman didn't follow. It is clear from the tape that he lost track of Martin's whereabouts while talking on the phone.
Hard to tell until the State finishes making new ones up.
Great to see Shellie & Zim family there!
What the hell? Is that Corey sitting behind Mantei giving HIM instructions? Or am I seeing things?
Yep, there she is, the big bloated freak. She puts shame all over this trial.
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I don’t have access to streaming video at the moment, but mentally I’m picturing Corey over Mantei as the boil-infested Baron Harkonnen floating above Jar Jar Bink with Jar Jar having a befuddled look on his face.
About as likely as she worked in a three mile run.
Ok, so is she not allowed to do that?
Ok, so we have the 3 charges: Murder 2, manslaughter, and aggravated assault...???
And the defense will not be able to let the jury know that if Zimmerman is convicted on the lesser charges, he could actually wind up with a harsher sentence. They might think, “well, he doesn’t deserve life in prison, but maybe a few years is appropriate”, not knowing that the mandatory minimums and weapons enhancements will send him away for life.
Let’s see: Murder 2, Manslaughter (3rd degree thrown out), Was there an aggravated assault w/firearm charge thrown in there as well?
"A pound of flesh but not a drop of blood"
I think she is part of the team. I think they work for her.
I think Aggravated Assault was thrown out.
Judge isn't as totally as bad as she looks like Chris Farley.
Manslaughter included commentators are saying. I guess it was possibly "there" all along. By law?
The judge has said that he can argue that in his closing. What she didn't mention is that the judge explains the law, as it applies, to the jury. And at that time, the judge always tells the jury that whatever the lawyers say in their closing is not testimony and is not law. They are told to rely solely on the judge's instructions for their understanding of the law.
she was sitting at table behind them today and not in gallery
The prosecutions closing argument is going to be very hard for all of us to watch, filled with exaggerations, innuendo and probably untruths. then sleep and wait until the defense has their chance tomorrow. A tough 24 hours or so.
Naw...West knows he’s the “take this...wham” man.
Right now, there's more cops in central Florida than you can shake a stick at! First, all surrounding communities have been on high alert. Second, the NAACP conference is going on or starting in Orlando. Third, Law Enforcement KNOWS that there are plenty of death threats against ALL White People.
I think that the jurists are safe for a while. Don't know how long though...
WFTV said assault is a threat. Battery is when the weapon is used. So they cannot use assault.
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