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“.
what a day for a Benghazi document dump.....no one would be lookin
He thinks Zimmerman brought it on, feeling ‘tough’ ‘cause he had a gun, etc.
When two guys get in a physical altercation and one has a “hidden” gun and one is not armed, it is pretty much guaranteed that the one without a gun started it.
It’s the same psychology that made MAD (mutual assured destruction) effective. Frankly, I think it’s why so many of the black racists hate Zimmerman. Their attitude is that the guy that brings a gun to a fistfight is the one in the wrong.
It’s one of the many reasons I say this whole thing is a clash of cultures. Klingons vs human civilization. And to be clear, I’m talking about CULTURE, not race.
If Martin was so worried about the guy who was “stalking” him, WHY DIDN’T HE CALL THE COPS?
Nope, that’s why Bernie is tuned out right now and I’d rather clean the cat litter boxes than listen to Bernie.
Now he flat out called Zimmerman a liar, without ANY proof Zimmerman lied about anything!
DeLaRionda doesn’t have either a voice or manner that wears well for more than a very brief time. By the end of his closing, I might find myself up for Murder2.
I'm joining late, so someone may have already covered this:
How can a defense team have a coherent defense against "charges to be named later"?
What's to stop any prosecutor from filing one charge, but knowing during the entire trial that he's really going for another charge.
As an example. I want to find you guilty of speeding. My strategy is to charge you with vehicular manslaughter. You defense team looks at the elements of the charge and has a strategy to defend against that particular charge .
When the prosecution says that you were speeding AND driving with a dozen spears in the front grill of your car your defense team is focusing on the charge… vehicular manslaughter. They say,
“Five white ladies and one Hispanic lady of the jury, my client wasn’t driving with 12 spears in the grill of his car. Doing so would be unsafe and ridiculous. He didn’t have spears in the front of his car, he doesn’t own any spears, and he is NOT GUILY!"
In the end, the persecution y fail to prove vehicular manslaughter. It never was their intention to prove it. But, there were successful in diverting your attention from their real goal…speeding. The defense was fighting the wrong fight.
That’s allowing a horrible diversion and it just doesn’t seem morally right.
I know this is an imperfect, un-lawyerly example….
My husband has sold cars for thirty years.......never screams, great guy, sells 40 cars a month, all repeat clients. Lol I always do this....you are profiling
Wen Bernie saya TM “is no longer with us” I’m thinking he was never “with” you Bernie. I would bet good Money that Bernie lives in an all white neighborhood.
I think GZ even told that to the dispatcher
Well, there was a reason for this... if someone testified as to trayvon being "a good student, fine young man, aspiring rap artist, etc etc" ... then that would open up the defense to show what a punk he really was. All of the gangsta facebook photos and posts, and so on.
That's why we've not had a procession of people in the courtroom attesting to St. Trayvon's unimpeachable character.
“WTF TV. One juror who has always taken notes.......is not now.”
/
I don’t think that’s unusual during closing, though. They’ve sat through all the evidence and took all the notes they’ll need. Opening and closing statements are not evidence anyway.
This is the first time I’ve watch the trial. That prosecutor is a nutcase.
There is zero evidence Z set out to shoot someone, or that he had his gun out to confront TM. Rather obvious when you receive an ass beating and shoot someone at the end, you did not enter the event with your gun planning to shoot.
If you started with your gun out, it would no longer be available to you once your ass whooping was underway, you would have been disarmed.
No evidence of any plan to shoot anyone.
//Good article on the admissibility of text msgs here:
Reversible Error in Zimmerman Before We Even Get a Verdict?
PJ Media
Andrew C. McCarthy
http://www.freerepublic.com/focus/f-news/3041730/posts //
dlR just said pros wanted to show all the evidence they had, so we could get to know the real TM — unbelievable.
Indeed
Aha! Another “f’n punk”!
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