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“.
Sounds to me like cookcounty is questioning the illogical disposition of the liberal mind
West knows he's the designated "bruise man". The jury isn't seeing this...but they will...very soon. They will be stunned.
(sheepish face) How come I feel like I have a big target on my back right now?
Everyone hates attorneys until they need one.....
On a serious note, while I have pro-defense bias, this is one of the most shady prosecutions I've seen.
Rarity is right. One of the few things we have in common, is that we are both conservatives. Over 50 married. I’m a saint!! He is a good man, but I’m still a saint. ?lol?
Thanks for the help with staying on topic.
Let's dance to the song they're playin' on the radio
Let's sway while colour lights up your face
Let's sway sway through the crowd to an empty space."
Thank you, David Bowie!
RUSH LIMBAUGH TALKING ABOUT THIS RIGHT NOW!!!
RUSH on the trial in OPENING right now.....
I don't know. Do you have some examples of a no-nonsense judge?
BTW, I'm on the Judge's side, in a sense. She is stopping some of the endless and pointless arguing by making decisions. Even If I think they are wrong.
This whole trial is such a farcical affair, just like the other famous live trials.
The powers that be laugh at us watching the trial as much as the Emperors of Rome laughed as they watched the peons in the stands witnessing the slaughter of Christians by lions.
Your Honor......
Exactly! So how could the court instruct the jury to consider 3rd degree murder/child abuse as a lesser offense. Boggles my mind.
//She is “making” law right now before our eyes.//
Fwiw, Rush’s opening just now is how outrageous the judge’s actions are.
“what’s more, it looks like the judge is going to permit a charge of child abuse.” and how judge seems to want to convict z of anything. calls it banana republic court.
Awww, no target on you, promise! I have no real issues with attorneys, only slimy ones and truth be told, there are slimes everywhere that are NOT attorneys! lol
I have a couple attorneys in my immediate family, some of the brightest and most decent people I’ve ever had the pleasure to know.
I can see your point and I do agree. After all jury instructions are supposed to instruct the jury how to apply the law to the facts of the case. So when West argued that there should be a section in the jury instruction about how following someone is not illegal I would think is improper.
Jury instructions apply the statutes. Not what is NOT in them. And I think she did make a valid point that the defense can argue non-illegality of following someone in their closing arguments.
Certainly there must be some traffic citation or two this judge can throw in as well.
What an outrageous miscarriage of justice.
My lawyer is #1 on my speed-dial. I don't hate lawyers. I do however, dislike a second-best lawyer. ;)
/johnny
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Only if the two go to sleep with a smile on you face on a regular basis.
Note to Self: “Ask for ID before defending self on street with deadly force.”
Further Note to Self: “Commit ‘Note to Self’ to memory. If unable to do so, carry card with ‘Note to Self’ around at all times, referring to it often, especially in deadly neighborhoods.”
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