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“.
Hung jury is MUCH better than nothing. As someone on the thread pointed out earlier, one minute after the judge declares mistrial from hung jury, West and O’Mara are down at the courthouse filing to have the Verdict of Acquittal that Nelson denied upheld by an appeals court. If they’re successful — and I think they very well might be — Zimmerman is acquitted. No new trial, no nuthin’ else.
Keep in mind that in some ways the VOA is *easier* to argue, because the JUDGE can’t claim she didn’t ALSO know about the text messages, drugs, football physique, and all that other stuff she wouldn’t let ‘em show the jury. I think once quality judge(s) look at all the data she had, they’ll reverse her denial of the VOA.
There is precedent for an appeals court reversing a denied VOA, too — ‘cause O’Mara PRESENTED CASES to Nelson when he argued for Z’s VOA.
Meanwhile, through the process, Z is still out of jail.
Thanks for that additional ray of hope
Actually I read that they can object if the other party is mis-stating the evidence or the law.
There was an article in the WSJ that claimed that reducing the charges in the Zimmerman case was impossible under Florida law.
Why do you keep writing “bad news”?
Revealed: how Microsoft handed the NSA access to encrypted messages
http://www.guardian.co.uk/world/2013/jul/11/microsoft-nsa-collaboration-user-data
I don’t know if he can get a verdict of Not Guilty but I have to believe it will be at least a Hung Jury
And will continue to as all this has to be disclosed under stigmatized property rule.
“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.”
BINGO!!! That is it in a nutshell. Right there. Pithy and to the point.
WTF TV said the jurors respond favorably to him. This is from their inside reporter.
He is better looking...than any of the other lawyers there
Wish MoM could toss the dummy on the floor so Guy can go all perv on it again...
Z broke no law and we are a country governed by law, not mob rule or emotion. If TM had not tried to kill Z, he would still be alive.
He will have to do double duty
1. Present evidence
2. Refute the defense
He will be severely tasked.
Because Jar Jar would be much better.
Jurors respond well to Guy.
Liz Weihl is attaboy’n the state......good ole Fox News ( spit )
Liz Weihl - former Clinton defense lawyer for Clinton during his impeachment Nuff said
Cited source earlier in thread.
He was walking back to his car to meet the police.... are you paying attention?
I had to drive to another building at my work campus and heard Bernie doing some of his closing argument on FoxNews on satellite radio. And I then understood what everyone was saying who was listening to him on live streaming. He has one of the most annoying voices I’ve ever heard.
No doubt, I just had to speak up because I find it so very insulting.
Stupid people just really irritate me! lol
Bernie’s voice has changed a bit...seems like maybe he is changing tactics
I was waiting for someone to claim that meant they were ignoring BDLR.
A little secret is that ‘doodling’ occupies the consciousness and allows the subconscious to ‘listen’ with very little prejudice.
You probably know that, is my guess.
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