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“.
>>>How can “pro-choice” people complain about child abuse?<<<
I know I KNOW! Same for people who neglect their children or don’t know/care whether they come home at night or not or...or...AAAARRRrgggghhh...it’s all too flippin’ much!!!
Trust me. I will. I am ready and will not live my life in fear because of racist bullies.
Thanks for posting that.
So the prosecution is arguing that the fact that Zimmerman shot Martin is an act of child abuse. They further argued that knowledge or lack thereof of Martin’s age or his status as a minor is not a defense against child abuse.
It would seem to me, that there would have to be some sort of underlying felony to prove intent to cause child abuse? But there was no intent on Zimmerman’s part to commit any felony against a minor. So how could the court rule that the act of shooting Martin is child abuse? Particularly when Zimmerman shooting Martin was an act of self-defense.
I don’t know, just spilling my mind here.
goodness, don’t hijack this thread with abortion stuff.
How silly. Logic will take history into account, no? This is not an example of the bigotry of low expectations, but, rather, a sound inference based on historic evidence.
Spot on!
Ohhh.
oh, lol.....one prominent description comes to mind!
You might be right re: post 708. The commies HATE self-reliance and self-defense. Especially in light of what they intend to do to us (and already ARE doing to us). The end game is to eliminate the second amendment, plain and simple.
This is a complete travesty.
Wouldn’t matter.
>>>I am getting ready to try and move<<<
I’d be honored to have you as a neighbor (Charlotte area, NC)! Move here! It’s not too bad....yet
Every mother knows that a head injury is a serious injury. Period! If she watched her kids head get slammed into a walk....had a gun, knew how to shoot and had a clear shot....tap, tap.
Saw snippets of this and read as much as I could....so I gather they are still going to add more charges to the Manslaughter and 2nd degree murder? I saw someone say they are going to charge him with removing mattress tags..LOL
If it helps to get a conviction, she will allow jay walking or spitting on the sidewalk.
Or the fact GZ didn’t know TM was 17 and is 17 really fall under the CHILD ABUSE statutes of FL? Child is defined as anyone under 18? That’s odd.
I wonder if the child abuse charge is smoke and mirrors to draw attention from the added 3rd degree murder and manslaughter. (Argue this while we slip in that.)
I’ve actually considered that area! As much as I love the midwest, I crave being closer to a coast. Had lived on both ends of this country and found myself back in the middle!
It would be awesome to have a neighbor like you :)
he obviously had no idea of TM’s age when he shot him.
Right now they’re arguing jury instructions. The prosecution got manslaughter added into the jury instructions as a lesser offense. Furthermore, they also added 3rd degree murder as a lesser offense, by virtue of the fact that Martin was a minor and so that Zimmerman committed child abuse. That jury instruction is in dispute.
The prosecution dumped that on the defense this morning and West went ballistic. He’s got the lunch hour to provide argument on why 3rd degree murder via child abuse should not be added as a lesser offense.
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