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.
I didn’t think Bernie was believable. I think he is intentionally being dramatic, and that it comes through loud and clear to me.
Oh noes! The arbor police will be at my door in the middle of the night don’tchaknow.
>>>And that wasnt a typo.<<<
Figured that...love it!
That's nothing. The Judge couldn't figure out what the opposite of ALL CAPS is.
Zimmerman was carrying the wrong weapon. The following might have been more handy:
I’m going for not guilty in the time it takes to elect a forewoman and fill out the forms. Back-up prediction would be hung jury, they make a lot of noise about retrying him, and accept a plea to the only crime he actually committed: littering.
The police chief thought otherwise.
Of course the consequences of that were great.
The people who routinely replace such principled men are why we have so many donutwatch threads.
I think if someone is dumb and has their minds made up, the evidence won’t change anything. I was just listening to Hannity, and two of his (white) callers identifies themselves as long time listeners and kept saying “if GZ hadn’t followed him.” again and again.
I think if I were the prosecution, that’s all I would say “if he stayed in his car. If he hasn’t followed him.” The empty heads really need absolutely nothing else.
“Ring neck Rachel said Martin had made it home during their phone conversation. Martin then doubled back to beat on George.”
I expect with her encouragement, too. Frankly, I think Z was walking back to his car when Martin jumped him. Wasn’t it raining?
In thinking over this case, I remember all the times when I was in other places and neighborhoods, driving or walking. Plenty of times I was looked at, asked whether I was lost or insulted in some way. One time, even a farmer at some distance came to a door, and I swear I saw a shotgun—I was UFO hunting. Long story.
Motorized bayonet! I love it. But my battery powered saw-s-all is a bit more stealthy.
They’ll be on you before the jasmine can bloom!
“That was the most pathetic closing I have ever witnessed. Im predicting a NOT GUILTY by 8 p.m. tomorrow.”
The problem is that the State gets one more shot at it, one more hour of rebuttal after the defense’s presentation is over. And that hour will be done by the other prosecution team lawyer, not this one. And the State will hear what was considered wrong with today’s presentation, what was missing, the critiques, all before they have to put on their one hour rebuttal, so that they can correct and fill in the gaps from today’s presentation. That’s the bad news.
You have a point, it is kinda hard to carry the AR concealed.
Has that thing got a Hemi in it?
I've read that dead TM's body was exposed during a rain. I can't remember the time frame his body was uncovered and exposed the blood *could* have washed it off out...
The ME office is just a joke. Someone may have washed TM's hands.
Listening to ME, I got the feeling that the ME shop was not really by the books.
The ME said he had "on respect" his underlings. But, he seemed to know very little about protocols. At the very least, he gave protocols short-shrift. He just did his job and so he had "on respect" of underlings without really checking things out.
What ME is going to tell you to bag evidence, especially wet evidence in plastic bags.
Follow up with staff was not his job, he said.
Excellent question.
As others are saying, according the Jeantel his friend, Martin had actually gotten all the way home. If he was home, why did he circle back?
If the defense decides that they don’t need a closing argument, does the prosecution get a rebuttal?
Exposed to the rain, and the backs of his hands were brushed off in the grass while Z was restraining him.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.