Silly--it would be entirely improper for Holder to communicate with Judge TOOL during the proceedings. Angela Corey is the intermediary.
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“.
bkmk
Saw a tweet that at least some of them stood
at the national witches meeting, they all bow to her.
It’s not a mistake. There is a Florida case that indicates the Judge should inquire to make sure that it is the defendants decision. The case doesn’t mandate it but it says they should do it.
*********************************************************
It WAS a mistake when she INCORRECTLY did it the first time. When she did it later (at the correct time in the proceedings) she was right.
And at that later time she also used the correct language suggesting she had properly prepared herself. When she did it earlier her language when she queried Zimmerman seemed more extemporaneous and less precise/organized. I think that earlier INCORRECT act was done on an impulse.
Her squabble over Zimmerman testifying, if done before the jury, is also highly questionable. There are a number of concerns in this trial that should get a retrial at a minimum.
The reason I think the judge might actually be throwing the case is based on the needs of “liberaldom”, i.e., the “state”. What the state needs is for Zimmerman to be guilty of something or for the jury to be hung. They need that right now, so they can do a song and dance in the media about justice being upheld and America being color-blind, yada, yada. A hung jury wouldn’t be quite as good, but they could say, “Yep, many saw Zimmerman as the monster he was, but ‘you know juries’.”
An appeal and acquittal or dismissal a few years down the road, quietly, and without fanfare would be just fine with them.
So, she could intentionally be ruining the future for a short-term win.
The same with lesser charges: I would bet money that she’ll allow lesser charges to be considered.
My sense is that self-defense is self-defense, and it’d be hard to convict Zimmerman on a misdemeanor based on the evidence. What a mountain of instruction could do, though, is confuse a low info, know-nothing jury.
Aggravated assault is probably negligence that causes harm to someone. I’m not sure what they’d argue that negligence would be unless it’s that Zim had an already-chambered round.
Since he was getting his brains beat in, that doesn’t seem negligent to me. It seems necessary. I don’t really see how he should be convicted of anything, but ‘you know juries’.
"preparation drills for riots” -- financed by CRS
"riots" -- financed by CRS
How great is that???
I think the “judge” will allow a slew of “included lesser offenses” all the way down to simple assault, in an effort to find Zimmerman guilty of something/anything.
(Good Morning, Fawn!)
Yes, I was wondering about that too. She goes out of her way in an almost cartoonish way to make clear she is favoring the prosecution. Then she makes an error that is almost certain to be appealed if he is found guilty. The net effect is either the jury or the appeals court will make the decision. She’s safe.
(It’s almost as if she is being blackmailed but trying to build the basis of an appeal.)
She didnt question GZ before the jury
Nancy disGrace thinks they should do away with the trial and hang GZ. She was going ballistic last night if anybody hinted he could be innocent.
A poor innocent boy who was too small to do anything was killed and there had to be retribution. What happened to innocent until proven guilty Nancy?
Pray for America to Wake Up
Besides the timing issue (i.e. interrupting the defense before their case was completed), I was most take back by Nelson's words reminding Zimmerman that he did not have to say anything, and then in the next sentence demanding answers from him. If he really had the right to remain silent, then she should not have asked him a thing, but instead directed the question towards counsel. And when counsel objected, she overruled them without even listening to what their objection was. So in essence, she didn't overrule their objection. She simply refused to acknowledge it.
I’ve heard that both ways. Just heard a little while ago on Fox and Friends that she did. One of them objected, and the original “Friend” came back with the argument that she actually did.
Until that, I thought I knew.
Greta Van Susteren went balistic last night saying the judge was ABSOLUTELY WRONG in asking Zimmerman before the trial had ended was he going to testify. Some black lawyer name Ted that she has on said she was maybe premature in doing it but was justified. Greta said “you are wrong”! I had never saw her that mad. I think she’s right.
Well I guess Bernie decided to withdraw the third witness . I never heard him do it
I think it starts at 8:00.
Silly--it would be entirely improper for Holder to communicate with Judge TOOL during the proceedings. Angela Corey is the intermediary.
Sundance is wrong about the judge excluding the phone on authentication. I posted correction on the CTH page, with cites/links to Youtube and caselaw.
Bill Schaeffer on wftv says State will seek to add only two charges as lesser included offenses: Manslaughter and Aggravated Assault
Defense needs to exclude these to preclude the possibility of a compromise verdict.
So, Nancy Grace and Greta both went ballistic last night.
I know who I trust and who probably has a bigger audience.
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