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“.
“Zimmerman would have gotten a fairer trial if he had been a defendant in a Stalin era Soviet show trial or a Jew in one of Hitler’s “People’s Courts”. A legal lynching is what it is.”
I would suggest we should all get involved in local politics. We must try to vote for the lesser of two evils so that we may someday have our voices heard. /S
I noticed that number also. In context it did seem ominous.
Vigilantes are not known for precision. It is the devil, trying to get everyone at each others throats.
Innocents would get swept in to the cycle. Things can blow up out of control (or surely would?). Obama would just love it, if someone tried. The actions of many, lead to incitement. If they can't get an perceived 'underclass' to riot, they can still feed grievance. Community organizers thrive on grievance, and let's face it, the liberal left is well organized.
So they keep pushing the envelope. It's like whatever "spirits" are driving them (just take a look at Angela Corey's face) WANT a reaction or over-reaction, they want isolated incidents of insurrection. They are poised to jump on that sort of thing with both big government and big media.
Then they can demonize those in opposition to virtual communism, further enslavement of the masses, with never having to admit that is what it is.
These are trying times...
Bingo!
Why do I get the feeling that the DA and the Judge and the State are in cahoots, and will likely inform the Jury ( in private ) that they need to at least choose the lesser of the charges, child abuse.
All at the alter of political correctness and to assure that no one can call the DA on falsely bringing this bogus indictment.
But maybe Im just nuts
If so, they'll have to change the other charge from manslaughter to childslaughter.
oh okay, gotcha.
Doesn’t child abuse depict a relationship not a 40 second encounter.
colusion
I will send you FReepmail later so as not to derail the thread (more than I already have in the past few days LOL)!
Where is the jury presently? They are not scheduled to be in court until 1PM.
No, the child abuse charge is necessary to allege Felony Murder. Felony Murder says that anyone you kill in while in the commission of a crime, even if the killing was unintentional, is murder. For that to apply, Zimmerman had to be committing a felony separate from the shooting itself for the shooting to be murder. So they are alleging child abuse as the felony to get felony murder charges included. But the prosecution is arguing that the shooting is what constitutes child abuse, which makes the shooting a felony, which make it felony murder. Kind of a circular logic there.
“”Check Donations
If you wish to send a check, please send it to:
George Zimmerman Defense Fund
P.O. Box 622793
Oviedo, FL 32762-2793””
Also, on-line donations via paypal...
http://www.gzdefensefund.com/donate/
You mean childslaughter ?
I don’t think you’re nuts. Before they went to break the last issue in the jury instructions was the verdict form. Shall it read, “We the jury, find the defendant.....Guilty of 2nd degree murder, manslaughter with special circumstances, 3rd degree murder with special circumstances...or Not Guilty somewhere on the bottom of the page. Circle one. /s
If you listen to the audio tape to the police operator, you will hear that Zimmerman was no longer following Martin. In fact, it is clear that he had lost visual contact with him and no longer knew Martin's whereabouts. The operator asked Zimmerman for his address. He responded that he did not want to say it out loud because he did not know where Martin was. So no, Martin was no longer being followed.
AS far as I know, felony murder is still in dispute. West has until after lunch to find case law to argue against it. (This despite the fact that the state had almost 2 years to prepare THEIR arguments on the issue.)
Because I live in Texas, I don't think there would be a problem as our law says we can use deadly force if we fear for our life or bodily injury and it doesn't exempt under age sweet baby attackers. An attacker is just that regardless if the attacker is a new born baby or a 150 yr. old one. It's likely a new born and a 150 yr. old won't attack you, but they are not eliminated.
If Zimmerman manages to not be put in prison, he should move to Texas. My county is only 2% black and it's a large county - I seldom see a black man. We have 75% white and 20% Spanish and other varieties make up the rest. Income here is high average and we don't have govn. group housing for low income people. We are the most Republican county in the state so this county would be a good place for Zimmerman. Maybe I should give that info. to MOM. I don't think Zimmerman, if free, is safe in Florida or a number of other states.
Amen! Said it perfectly. Circular logic. Makes no sense whatsoever.
3rd Degree murder, with Child Abuse, carries that 10-20-life sentence. So if he’s convicted he’ll get life in prison.
If this sorry ass worthless POS judge allows this in the entire country will know the fix was in from the minute Zimmerman was charged.
I have disagreed with you on a number of occasions. On this topic, I agree.
I don't think they necessarily started out with the specific intention of using this case to limit Americans' rights to concealed carry and self defense. But if they can succeed in railroading George Zimmerman, it is definitely very "useful" to them in that sense.
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