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“.
I am satisfied that my gentle nudges have had a good influence on the thread.
Not a child! Old enough to enlist in our Armed Forces, with just a permission slip from mom or dad.
Wow. West patiently continuing to try to make his point. Judge responds “Every defense atty wants that; you’re not getting it”; he patiently continues over her objection to state why he wants it.
Recess for lunch soon.
So is 3rd degree/child abuse in?
.
How can “pro-choice” people complain about child abuse?
Well I must be married to an oddball! DH is a very respected Civil Defense Attorney. Honest as can be. Doesn’t pal with any judges or other attorneys, And loves the law for itself. (BTW — he is also held in high esteem by Judge Napolitano) He is also very modest, and if he knew I was typing this, he’d have a fit.
What a mess,how is she going to have this ready by 1.Not gonna happen.
Jury instructions format will have the “Not Guilty” verdict option on what...the very last page?
W T F ???
“Guilty” is on the first page ...probably BOLDED and in large text....with an arrow and caption saying “Pick this one”? I’m kidding here, but just barely.
Not yet. Just a matter of time until it is
still bein decided after lunch
3rd degree/child abuse will be argued after lunch
Which is prima facie evidence of 'reasonable doubt'.
Ding ding ding. We have a winner. No more calls please?
Now West is talking about the confusing jury instructions--- Judge just AGREED!
Ah geez, it will still be somewhat confusing. She's allowing the third degree nonsense (reliant upon child endangerment laws?). There could be other reasons? Manslaughter option still included in instructions.
10-20 years is being smuggled in the side door. This end game for prosecution was predicted when Zimmerman was first arrested.
Court breaks for lunch.
Recess until 1 PM
To argue 3rd degree murder instructions after lunch; state to do wording.
West (essentially): “I’ll try to be ready, but I’ll repeat, “This was all put on us just this morning.”
No thankfully! I missed enough already! Hehe.
Talking head on msnbc all but said the the Sanford police preparing for a possible riot is racist.
To your question, move to where. I know they ship them out all over, hence the reason I am getting ready to try and move, they are showing up all around me.
As we are still a healthy percentage of the population vs their 13% or so, I believe I can find an area that has less then what I’m finding here, outside Chicago proper.
I once forced the CJ of the Washington State Supreme Court to force a superior court judge into alcohol rehab.
who is DH?
Not yet-tune in at 1.
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