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“.
Greta may have LIVED in Florida, but she is FROM Appleton, WI
Bill Sheaffer:
If there’s a conviction and appeal, it would be 12-18 months, during that time Mr. Zimmerman would be in prison
Can I get an amen? Painfully true.
OH NO!!!
11:32
Bill Sheaffer:
Seekingtruth; the defense won that the state can’t argue GZ was the agressor
In file, open a new window and then open the page you want into it. You will then have both windows open. I just found that out...lol. I keep one smaller than the other and switch back and forth. I’m old, it’s the only way I’ve found.... :)
Child abuse?? CHILD ABUSE!!???
Then it's time to keep government out of the loop when people protect themselves. Shoot. Get out of Dodge. Shut up. Enact the South Boston code of silence. Enforce it.
Ugh - my boss came in to discuss some work issues - trying to catch up.
“The prosecution and judge are every bit as treacherous as the black panther contingent of the Obama regime, perhaps more so since they are working to nullify the rights of Floridians via a kangaroo trial.”
Exactly!
Sorry, Judge. You got all the case law you needed when MOM argued for a directed verdict after the state's lack-of-case. You rejected it.
Yes, we are waiting for the answer
Wests reponse was
OMG,,just when I think it couldn’t get anymore bizarre..
Or something like that
I just found out if you keep both windows small, you don’t need to switch back and forth. Both can be viewed simultaneously. I’m a happy camper!
Yeah, and the State is also allowed to “imply” in closing that following someone is illegal; it’s up to the defense to argue that it isn’t. Judge refused to issue an order preventing the prosecution from implying it was illegal to follow in their closing.
“I don’t mind admitting that this farce is scaring the he’ll out of me. Any of us can be railroaded. All in the light of day.”
/
Yes and NOBODY have the guts to stand up against it. Again, the precious (R) Governor of Florida is the one who set Angela Corey loose on Zimmerman in the first place to appease Obama and Holder.
Nobody in this thug-loving Government is our friend.
Jar Jar Bink’s mouth looks weird as he argues the prosecutors’ points.
Here in MO, we call that the “Skidmore solution”.
Regarding the discipline or removal of Judges in Florida...
How Judges Are Disciplined for Misconduct
The Judicial Qualifications Commission is an independent agency created by the Florida Constitution solely to investigate alleged misconduct by Florida state judges. It is not a part of the Florida Supreme Court or the state courts and operates under rules it establishes for itself. It has its own Website. The JQC has no authority over federal judges or judges in other states. Complaints against state judges must be filed in writing with the JQC, not with the Supreme Court or any other state court or judge. Neither the Supreme Court nor its Chief Justice have any authority to investigate alleged misconduct by state judges or to investigate the JQC. The JQC can be reached via the Contact Information on its website or at at:
Judicial Qualifications Commission
1110 Thomasville Road
Tallahassee, FL 32303
Phone (850) 488-1581
It’s boiling down to whether the Judge will allow CHILD ABUSE to be included in Jury Instruction.
She’s even going to give Defense a little time to ‘prepare’ to deal with this ‘last minute, 2 year late’ claim by the ‘state’.
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