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“.
I think (always cause for trouble) that it’s the sequence of how the Judge conducted that questioning that should be in question.
She should have asked him if he had decided yet, and if he said NO, left it at that.
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If you listen to the questioning and compare the two (i.e., the “premature” one and the proper time one) the tone was very different. The premature one seemed to almost be phrased so as to convince or trick Zimmerman into believing that he should take the stand. At least that was my impression at the time of the “premature” outpouring by the judge.
here we go - arguments regarding lesser included charges...
State presenting argument for lesser crimes beginning with manslaughter.
Mantei now arguing why Manslaughter should be included in jury instructions.
Maybe yes, maybe no. Maybe she's just trying to save her own skin. She wants the uninformed racists to think she is on their side. At the same time she is handing out 'get out of jail free' cards like they're candy, e.g., authentication of cell phone, forcing GZ to answer if he wants to testify.
What we see is not what we get these days. I wouldn't be surprised if this entire trial wasn't theatre in which some actors and others unknowing participants.
Is he on Coke or going through rehab?
Judge allows lesser included Manslaughter
the one talking head (with Bill Schaefer) on LegalInsurrection said the one prosecution lawyer (Guy?) is really popular with the female jury, and you can see it based on how they respond to him.
West - we haven’t heard the Pros. theory yet...
LOLOL
Judge giving manslaughter instruction
Mantei sniffs a lot...........probably cries a lot.
the way he looks and he sounds like Kevin Costner...
I can see them liking Guy
Judge DebDred has already made up her mind. GZ is toast.
West argues that the state did not charge him with Manslaughter so it should not be in the instructions —
Judge decides otherwise.
Did the misjudge just allow manslaughter?
LOL I can’t help it; I laugh everytime I see that picture of John Goodman posted.
10:08
Kathi Belich, WFTV@KBelichWFTV
Court will give jury instructions on the lesser charge of manslaughter. #Zimmermanon9
Infuriating, but not surprising.
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