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“.
The defense's closing arguments tomorrow.
bkmk
Four Live Stream Links:
http://www.wftv.com/s/zimmerman-livestream/
http://wildabouttrial.com/george-zimmerman-live-stream.html
Here are some additional *possible* Links to the Hearing:
WFTV http://www.wftv.com/s/zimmerman-livestream/
Click Orlando http://www.clickorlando.com/news/trayvo … index.html
Orlando Sentinel (Fox 35 live stream) http://www.orlandosentinel.com/news/loc … on-martin/
WESH http://www.wesh.com/news/central-florid … index.html
cfnews http://www.cfnews13.com/content/news/cf … artin.html
MyfoxOrlando http://www.myfoxorlando.com/category/23 … von-martin
CNN http://edition.cnn.com/US/
TruTV/InSession link: http://www.superusvoxtv.com/index.php/speciality/tru-tv
What a day this is going to be! One for the history books.
The Judge’s ‘mistake’ yesterday might make one conclude that the Judge just wants this over and done with, soon, and tried to ensure that no matter what, the Defense would have a way to gain dismissal despite it looking like she was on the Prosecution’s ‘side’.
I.E. she was forced to build ‘the bomb’ for Prosecution, but she made sure it was a ‘dud’.
I would like to see more discussion about the State having authenticated the phone. One one level, the OP makes perfect sense. But, I can’t help but think that it’s too good to be true.
When the ruling excluding the text went against the defense, we had calls on the thread for MOM to get an immediate writ. I wonder if he also believes that Judge Debbie gave him a gift?
Where’s next week’s picture...of Nelson in Vegas...continuing her pattern of playing craps....
thanks Chipster
bkmrk
Trivia question of the day:
Who was the dummy [doll] supposed to represent — Zimmerman or Martin?
The dummy looked more like Martin than Zimmerman and closer to O’Mara’s height than Zimmerman’s.
bookmarked
This case was soooo wrong. GZ was trying to do the right thing for his family and his community.
ping
Do you know what is going on this morning? Is court going to be in session before 1pm today? I thought they needed to argue a few things with the judge?
I just can’t see this...She was reversed recently on a Self Defense instruction issue.
I don’t think she “threw” the case.
I wasn’t paying close enough attention to when Judge Nelson went after GZ about testifying. Did she , in fact, swear him in...and if so, anyone in Florida know if that is a problem.
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