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“.
And the state doesn’t have, and never will, an explanation for how Martin got from his dad’s home back to the T, if it wasn’t by his own volition.
In fact, while one can argue as a matter of physics that it wouldn’t have happened if Z never left his car, one can also argue that it never would have happened if Martin hadn’t left home after he got back from the store.
It’s a matter of 140 feet, 140 feet the state can’t explain.
The radical Islamists will have a field day with this. I believe they will take strong alliance with Blacks if they believe it will hurt America.
The defense should blow up a poster with 140 on it.
That should be part of def closing statements!
““Why do we have such RULES” bernie’s voice goes into the high voice at the end.”
I know defense cannot talk about the penalties involved in the “lesser” charge, but could he say to the jury that because his client was charged with second degree, his client either wishes to be found on that charge or to be found innocent?
Keep it classy please.
I think you should sell them. Afraid DC will come unglued. It will for sure if a verdict comes down but I don't see how one will be that soon. But, what if it did?
I recall that as well. I haven't heard anyone on TV mention that. I really hope that the defense uses that tomorrow. If they can show a map with timestamps and distances, in context with GZ's call, DeeDee's testimony and 911 calls it will be a slam dunk. It is important that the defense uses evidence entered in court by the persecution.
I watched as much of the prosecutor as I could before I had to leave. His basic argument about the actual fight that made Zimmerman fear for great bodily harm appears to be that, despite the witnesses and injuries, that Zimmerman, the only one bleeding, is lying.
And somehow he can’t understand why blood isn’t on the hands of a guy who was punching, wrestling, and clutching with Zimmerman. And it was raining. And the hands weren’t checked.
He can’t understand how a guy can not know a street name. He can’t understand how a pistol on the HIP can’t be reached by a hand slid along the side of one’s torso when someone is on top of you. He can’t understand how in a struggle description the statement about hands covering mouth and nose doesn’t necessarily mean 101% of the time since that struggle was ongoing. And he can’t understand how this “innocent” 17 year old ended up dead.
What I can’t understand is how he’s allowed to call Martin innocent and not have Zimmerman’s defense permitted to impeach Martin’s burglary tools, school suspension, jewelry thieving character.
I also can’t understand WHY the state is allowed to change its charges at the end of the trial, when it’s too easy to include them all at the beginning....even the stupid child abuse charge.
Perhaps some lawyer could explain these things to me. :>)
>>>...by the persecution.<<<
LOL!!
Maybe they only act like this is when the cameras are there - with wall to wall coverage.
Might score a judgeship along the line.
OK, what do you think the City Manager finds more important.... His Job and Income, or the mess that George Zimmerman ended up in ? When the Mayor and Governor and Attorney General call you on your private number... you get the message. And you do as told.
Those assault trees better be advised, I’m real good with my saw-s-all. I’ll lope them in a second!
FWIW my prediction...hung jury because of the lesser charges, state will NOT retry.
And that wasn’t a typo.
That has a separate budget and comes from an entirely different agency.
Whoa! Premeditation!
Think I’ve finally figured out who the high pitched voice is repeatedly calling for help ...... It was Barney!
From what I can hear, listening to Hannity this afternoon, is that the people of this country, speaking generally, are just too damn stupid to survive.
They can understand even the simplest of concepts.
If Zimmerman is deprived of his freedom, then the rest of America will soon follow.
That is all.
Our local news last night showed a gathering nearby of a mostly African-American crowd featuring some of Trayvon’s relatives. They had gathered to ask people not to riot but to gather at churches and other ‘designated places’ to voice their disapproval if the ‘verdict doesn’t go our way,’ a woman said.
Al Sharpton has been hanging around here lately fanning the flames of all kinds. He was the commencement speaker at FAMU in May. He has been leading various protests.
I also wish the black community would recognize that Jess/Al are USING them for their own monetary gain.
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