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“.
Exactly. Now this judge and prosecutor is saying if you kill an attacker in self defense you can be charged with CHILD ABUSE if the thug is 17? This is just an outrage, and EFF the media and liberals in this country who are behind this.
I saw a good liberal on TV the other day. Her daughter was maimed in the Boston bombing. You know what this 50-something nice white lady from the North East said? She said “I KNOW ITS WRONG TO BE ANGRY, BUT I’M STILL ANGRY AT THIS GUY”, this was after the court hearing yesterday.
See what weak minded sell out nonsense we’re up against. This woman was feeling guilty for being angry at a man who blew off her daughters limbs.
Liberals are truly deranged.
and he'll be shanked by nightfall
.
bkmk
Roland Freisler, please pick up the courtesy phone.
Can’t the fists of a 17 year old MMA fighter being used to pound your head into concrete be used to kill you too?
I agree with the sentiment widely expressed that self defense (outside the home ) goes completely out the door if Zimmerman is convicted.
Yes, you are. So are every one of us. We are all on the government's NUTS LIST.
Welcome to the club.
law enforcement and the courts know the old saying, 'you can beat the rap but you can't beat the ride'
now you have to fear using a weapon you're legally allowed to carry
.
You’ll have to forgive me, I’m not an attorney but I’ll give a spitball answer. My understanding is that under the legal theory of “merger doctrine” the original charging document (as in this case) alleged Murder in 2nd degree. As a result all lesser offenses (3rd degree murder, manslaughter) are automatically indcluded even if they are not specified in the original indictment.
Under this doctrine, then all lesser offenses can be included in jury instructions as to finding of guilt on the major charge or a lesser charge. And it becomes the responsiblity of the defense to argue (theoretically at least—or be prepared) all of the lesser charges. Even if they don’t come up in court.
Anybody feel free to correct me.
Trust me GZ is going down. Noway there is a full acquittal now.
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Sadly, I believe you are right.
This is also a lesson to “whites”. Take your beatdown like a man. You don’t have a right to defend yourself. (Barry, MSM and DOJ race baiting)
I sure hope and pray that you are correct.
After all, these jurors realize that they have a man's life in their hands and if they are wrong (and a conviction would be wrong), it will on their consciences for the rest of their lives.
That's my other brother from another mother - Seymour.
http//en.wikipedia.org/wiki/CorpusChristi,Texas#2. Check us out.
Under 5%
Thank you - excellent explanation.
Obamacare says under 26.
It’s all clearly a transvestite of justice.
Justice for baby Tray Tray!
Yeah it is. Well, I’m sorry human instinct is human instinct. If I’m getting beat down and I’m CCW’ing then that person is going to die.
Do you think they'll recognize the address as Wrigley Field?
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