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“.
Gotta give Bellowing Bernie another few hours for his rebuttal after lunch, then Judge Goodman charges the jury. I doubt we’ll have a verdict tomorrow, even if the outcome comes fast and is good.
Bones are good for gators...they need lots of calcium to grow big teeth and maintain a think hide.;-)
You wonder how he would bring in the dope in his system at the time.
What did George say when the cops told him (falsely) that there was a video of the whole encounter?
"Thank God"
Hmmmmm
The door never opens for the Defense. Many times in this trial the prosecution and its witnesses have opened the door to subjects, only to have the “judge” slam it shut when MOM or West tried to go through it. She has given them a list, I am sure, of subjects that if they cover in closing, will cause Defense fault mistrial.
>>>>The point is the right to bear arms and defend oneself....The very heart of the Bill of Rights.<<<<
In a nutshell. (Hope your gut is correct and it’s all good for the good guys.)
And at the best, it will be an acquittal.
God bless George...and our wonderful country.
Lol, well I wouldn’t want to get him to liking something that was in short supply. It’d make him real mad...
Good night and G-d bless.
Are you the guy with the face? Whoa!
Normally, appeals-court judges don't take up appeals of TCJ decisions until after the end of a trial, but I'm curious how the aforementioned issues would be handled? If a TCJ is found to have declared mistrial for an illegitimate reason, would that imply that because of double-jeopardy the defendant walks? Or would a defense have to put on record an objection to the restriction and have that then be considered a reversible decision afterward?
Lot'sa crazy @ss crackas getting together for a picnic...need to bust some heads.
I purposly did not watch the closing today but tonight got to see a small part of Bernie’s performance.
I caught his Terpsichoreian performance and thought it was bodacious. I always thought he and Mantai were both a little light in their loafers.
NSA upurs! FUBHO & equine YROIO! The same thing for you cat, NBPP.
Start 8:30. Defense (3 hrs)
11:30 Prostitution finale (1 hr)
12:30 Lunch
1:30 judges charged jury
2:00 Jury deliberation begins
Verdict before supper
Does the jury have a choice of charges even if they find he acted in self defense?
Bodacious is a perfect
Description
Lol
I imagine if the prosecution wants to refile charges, there will be a retrial. If it’s deemed the fault of the “judge” or persecution, it will probably be fastracked to a new Judge while Zimmerman remains on bail. But if it’s the fault of the Defense, it will be slow-walked while Zimmerman sits in prison.
I don’t see an appeals court simply turning Zimmerman loose because of procedural errors, no matter how grievous. But IANAL. Neither did I stay at a Holiday Inn Express last night.
I join you in praying for wisdom and discernment in all of the jurors.
Murder 2, Manslaughter or Not Guilty. Those are the choices.
Two of more AMEN to your prayers
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.