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. Shes a rigid ideologue, but shes 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 doesnt 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.
In other words....she does NOT have control of her court...
She may be giving away the appeal, but she wants him convicted first.
I step away from my desk for five minutes and they’re in recess.
What’s up?
Thanks. You gonna post on this thread today? Hope so
What? You don't know!? HLN "jury", Black Grievance Industry, any black caller to a political show, all together now:
*tap tap tap*
"He shouldna' got ou' da CAH!"
“...They dont mandate the Judge ask but they HIGHLY suggest that the Judge inquires.”
AFTER the defense has produced it’s list of witnesses, NOT UNTIL.
Probably riots outside already!!
That was a flagrant violation of the fifth amendment. Over the objections of his attorney she forced him to testify under oath. I’ve never seen that happen before.
Ok, lets say Z waived his rights to testify.........the next two witnesses simply blow up the case and now, Z needs to testify. Or, the defense team literally blows it. You think Deb and the state is going to let him change his mind?
Bill S...trying to cover himself when the blog blows up...Law favors Defense..and makes excuses for saying it
That's the way I see it.
I read the other day that Tracy had four children with four different women - including a recent one. Do you know if that is correct? Also, Sabrina lost custody of Travon as a toddler because she had a drug problem. Do you know if any of that is correct?
Yeh, I think WTF TV would be all over it!
Not sure that is right...I have seen several lawyers say that it was okay in Florida but I can’t say because I don’t know.
I’m just being open minded and trying to consider all possibilities.
Someone else said, “she’s just dumb as a box of rocks.”
Anything is possible, at this point. Maybe it’s all of the above.
Maybe she was told to throw the case to the prosecution, but leave wiggle room for mistrial or dismissal, and she is just going about it idiotically.
The thing that bothers me about this is that the prosecution has essentially changed their story as the trial has progressed. In the beginning, they insisted that Zimmerman was on top of Martin as the aggressor, beating him before shooting him. But once the defense team got the ball in their court, the story evolved into admitting that Zimmerman was on the bottom, but that Trayvon began to back off of him once he saw the gun, yet Zimmerman shot the retreating Martin anyway.
In either version, the prosecution has failed miserably in proving their case. So the fact that they are now requesting a new out by substituting the original charge with manslaughter or aggravated assault only further exposes the untenability of their case.
“It could also be that this Judge is as dumb as a bucket of marbles. She didnt hand out anything. She is doing everything possible to bias the case against the Defense.Any mistake(s) made in GZs favor were entirely accidental.”
I totally agree with your assessment.
can’t remember the name of the case that addresses it. That might provide guidance
Perhaps a wide perimeter with tight security has been established around the judicial building in anticipation of public reaction to the verdict.
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