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“.
Bernie needs some dramatic music playing in the background...
seats were taken by lottery only today. no rhyme or reason
Martin was minding his own biz...Eating skittles...
And Z decided M was up to no good....
When I hear ANYONE wound as tight as Bernie speaking, I immediately question where the tension is coming from.
I'll have to YouTube it later.
Had to shut the volume off and come back here.
I cannot stand to listen to State attorney at this time.
He was playing up the TM would walk this earth no more opening. It was disgusting.
but..."Trayvon was there legally...he went to 7-11 and bought skittles" "that was his crime", etc. He was minding his own business.
Defendant "decided" "victim" was up to no good.
The cops did mouth to mouth and compressions.
>> Manslaughter included commentators are saying. I guess it was possibly “there” all along. By law?
According to Florida law, manslaughter is indeed a “lesser included charge” to Murder 2.
I used to think that it was as simple as it sounds — an “included lesser charge” is automatically in there, by law.
After watching the circus this morning, I’m back to having no solid understanding of how the hell it works. Indeed, I’m not sure they FOLLOW their laws as they are written. They seem to use their law as a starting point for their back-and-forth, nothing more.
Quick verdict is usually an acquittal, as with OJ. After it goes a while, anybody’s guess.
the lesser includeds are the problem here. He will be free, or convicted on a lesser.
if he’s convicted this case is appeal central. We have witnessed the modern version lynch mob.
for those that have been paying attention..how often have they had a black court reporter there as they do today?
A teenager is dead, a teenager is dead through no fault of his own, because a man made assumptions...etc. beacuse his assumptions was wrong Trayvon no longer walks upon earth.
He truly stinks. A bad actor.
And this is why the pot should have come in.......skittles, tea and weed
More fiber or an online account???
BKMK
WHy did Bernie say WATERMELON?? Is he a racist?
Can O Mara simply state something to the effect that it’s not illegal to follow in his closing ?
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.
Thanks
Guy would have gone over better with the jury than Baldo
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