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.
re: Z profiled TM
shock! oh the horror! Truth be told, this is how a person lives to see another day. ..as we all know.
Kathi Belich, WFTV@KBelichWFTV
The state suggested after #Zimmermanon9 found Martin suspicious he should have told him that or offered Martin a ride.
You don't live in Indiana do you? We are repeat customers of just such a salesperson.
Heehee!
THIS case is important to the state?!!?!?!?
which criminal cases are UNIMPORTANT?!
I’d figure that the prosecutor has little to lose by being so stuck on stupid.
Everyone might have something to gain from the circus.
Z goes free, writes book in Caribbean island, lead prosecutors get promoted to fed jobs in DC, Nelson appointed to fed court, and the rookie gets promoted to lead. NAACP gets donations from expected riots and publicity. MOM and West get a big notch on their belt. Everyone wins.
That's why prosecution got into the code thing....they knew...betcha
“Use your God given common sense.”
If they use their common sense they will ignore everything BDLR is saying. If they use common sense these jurors will be going home Friday Afternoon.
You can make both windows small enough that you can see both of them. Click the middle button on the right hand top of the window and then use the arrows(move the mouse to the edge of the window and you will see a double headed arrow) to size the window. If you can’t see the arrows click the middle button again.
Yeah, trying to make the jurors into honorable heroes if the all female jury convicts....
we forgot a clock to keep time on this jickeyjack
Comment From LIVING IN SANFORD
He sounds condescending.
Andrew Branca, LOSD @LawSelfDefense
#zimmermantrial BDLR: “Let’s talk about weighing of evidence.” Brings out hydrogen balloon as demonstrative of State’s evidence.
BDLR said Martin didn’t circle around Zimmerman’s vehicle. Called George a liar.
NOW, BDLR says that Trayvon did wander around the vehicle, and George didn’t ask him if he needed help, or a ride.
I assure you....this closing argument is baaaaad....in many ways.
His voice is tinny and abrasive and he lapses into an irritatingly-piping falsetto when he gets excited.
Subject-wise he's all over the place. There's very little "smoothness" as he goes from point to point. A jury, dumb as it may be, wants legal substance, believe it or not. They know that's what they're there for. They want meat and potatoes and he's giving them alternately syrup and Dear Abby, interlaced with repeated profane "trigger" words designed to arouse negative emotions....but hardly any LAW.
The jurors no doubt are entranced right now.....because his dramatics may be fascinating to some.....but they'll grow disenchanted after a while. The jurors will grow soon grow tired of him because who likes a long-winded used-car salesman spiel!
I predict the defense's closing argument will be quieter, softer, factual, truthful...and O'Mara will skillfully use the stiletto rather than the sledgehammer with great success.
Leni
blood on hands was that of another and not being replaced.
blook on face was flowing blood.
DUH!
No, Ohio. But I am proud of all car sales people who do great things for their customers. My husband is one of them.
I have to turn this off, my puppy is going crazy barking at this idiot prosecutor.
You’re the police?
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