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. Shes a rigid ideologue, but shes 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 doesnt 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.
Also during trial lawyers go after each other like they hate each other, then as soon as it is all over with they are patting each other on the back and going out for drinks together.
where are those desensitization targets used to train law enforcement on how to pull the trigger on a kid?
No, this trial is the result of race relations already being set back by this Administration. If they can get away with voter intimidation in Philadelphia, they can get away with anything.
>>>It seems unconstitutional to allow the jury to vote on a different crime than what was specified in the charges that were filed by the DA. The defense gears its arguments to ThOSE charges, and not to other hypothetical charges. So allowing the jury to convict on some other crime denies the defendant a proper defense.<<<
Agree completely...That’s the outrageous part in a nutshell.
But he did know Trayvon was old enough to be out after dark, on a rainy night, with no adult supervision.
Maybe a 'minor' but certainly not a 'child'.
Precisely. It’s a true miscarriage of justice. It’s the type of thing that makes you want to drop your whole life, go to law school and become a defense attorney.
It’s also why I think West argued that verdict form should include not guilty at the top of the form and not some vague promise from the judge that it will be included somewhere on the page.
She doesn't want to work. This was just her last shot at "fame".
My suggestion is a bobble head doll that also spins around with a black robe and a white stain.
I would think so. The judge saying to the defense “explain it to the jury” is bull crap. The instructions are the most confusing part of a trial and most laymen don’t quit get what intent means in a legal manner. The state has NO case, and the judge is helping them get a conviction with throwing as many charges against Zimmerman as possible knowing damn well how juries operate. They will convict of something if there are enough charges, especially six women who want to appease the mob or punish GZ for something because the FEEL bad for TM’s parents.
Trust me GZ is going down. Noway there is a full acquittal now.
They NOW want to charge him with Negligible Child Abuse.
This child abuse outrage...opens the floodgates for “children” to do violence as they please. Define “child!!”
Thank you!
We most certainly will. Total sandbag job and stacking the deck. Oh let’s see he’s not guilty of Murder 2, so let’s go with manslaughter and 3rd degree murder. Disgusting.
as I posted here earlier Z will also be charged with Ted Kennedy’s continued sobriety
not parole ... bond /bail
This trial is like a 120th trimester abortion.
LOL...there’s probably an environmental charge for abuse of those poor head bashing trees, too.
I have read those exist and cops train with them, but if a kid has a weapon pointed at you, that person is no longer a kid - he is a deadly attacker. A gun magically changes any person of any age into a deadly attacker. A bullet from a so called kid can kill you just like a bullet from a military man.
Yes. ....and have become a standardized product of courtroom procedures.
So.... why this major attempt by the Judge, the State , and Defense to CHANGE the JURY INSTRUCTIONS ?
(kind of a rhetorical question, I think we all know why)
He described him as "late teens" to the police dispatcher.
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