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“.
“West argues that the state did not charge him with Manslaughter so it should not be in the instructions —
Judge decides otherwise.”
Well of course. I’m sure West was expecting that.
Excellent point.
OMG! That is too funny! :D
Assault out? Correct?
I’d like to see Nelson’s Skype talks from last night.
Yep.
he pulled something out...didn’t hear which one
Could MO be talking to people in higher places about this on going travesty or does that come only with appeal??
.bringing up child abuse..WTF????
>> letters have been placed in jurors chair to see if they want to be interviewed by media after verdict
That’s an outrage, putting that in the juror’s minds just prior to hearing closing arguments.
What's too funny? Why not paste the funny so everyone can laugh?
Has she included using profanity, screaming in a residential area, bleeding in a public place, laying on wet grass,......
Kathi Belich, WFTV@KBelichWFTV
The state also wants felony murder based in part on child abuse. Martin had just turned 17 before #Zimmermanon9 shot and killed him.
Let me give my definition of MANSLAUGHTER.........we have been watching a mans life slaughtered for the purpose of appeasing 13.5% of the US population, an appeasement that time and time has been proven to be impossible.
<< Did the misjudge just allow manslaughter? >>
Nah, she’s just waiting until the defense gets all their arguments out of the way before she verbalizes that decision, which she made weeks ago.
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.
****************************************************************
Maybe they liked the way that Guy got down on the foam doll.
Kathi Belich, WFTV@KBelichWFTV
The judge will include third degree murder as an option for the jury but not aggravated assault with a firearm. #Zimmermanon9
Yeah, I think of that line almost every day watching this trial. “He’s gotta be guilty of something! He shot an unarmed baby! He’s just *gotta* go to jail for sumpin’!” (As if fists and a sidewalk are not “arms” in the classical sense.)
That’s an outrage, putting that in the juror’s minds just prior to hearing closing arguments."
Wouldn't THAT alone be grounds for a mistrial? Jury tampering (intimidating, threatening, etc.)
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