I think someone tried that already.
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“.
“What do you call an attorney who finishes last in his/her law school class?
Your Honor......”
Or in this case, Judge Nelson. lol
Once again how did Martin have the right to go wherever he wanted but Zimmerman somehow lost his right? Would the GZ is guilty crowd try and explain that one in some language other than moron.
I think someone tried that already.
I pulled BOE records and saw money changing hands between prosecutor and the judge ( when both were in the same case). They couch it as “Campaign Contributions” and they all laugh it off.... try being the defendant in that court :(
I didn’t realize that about Wiehl. I do know she can be depended on to give a liberal view.
So can Gretchen Carlson (and most of the ladies) on social issues.
Agree.
Also I think this is why O’Reilly has her on his show as a legal expert....
You think she is conservative, but is really a lib...
So the whole thing gets nixxed, right?
Well, i hope they give the jury a list sooo long to sort out and read...that they look at it and each other and say, ‘let’s make this simple and true’. NOT GUILTY.
>> my fingerprints/DNA will be all over the env!
So don’t use a paper envelope... use plastic, and put that envelope inside ANOTHER plastic one. Then your DNA will mold. Have you learned *nothing* from following this trial? :-)
"We object your honor. It refers back to our previous argument which proves this argument."
It's why I don't do Board Meetings anymore...I'm afraid I'll jump the table and strangle someone.
That would be correct in the case of manslaughter or aggravated battery. But I think they could argue that the “merger” doesn’t apply to lesser charges which contain some new element, as in the case of child abuse. For example, if Florida had hate crime laws to address racially motivated attacks, I don’t believe they should be able to add this on since it would add an element (racism) not included in the 2nd degree murder.
I think it’s because the prosecution can’t request a jury instruction to include a greater offense. The prosecution here can’t request a jury instruction for murder in the 1st degree. So often the prosecutor will “overreach” because the prosecutor knows the lesser offenses are automatically included. This doctrine may vary from state to state and I don’t know what the FL statute says on this.
West expressed in court and knows exactly where this is coming from......Angela Corey. You want a definition of malicious prosecution? You are experiencing it right now.
Where is MOM????
So, after the verdict, will the jurors then find the truth? Wonder what they will think about the process of judging a person without ALL the facts.
I pray for them to shock the system and find George innocent of all charges.
Time to boycott Florida. Long past time.
We had planned a visit this fall to go to a Gators game. No way now.
I'm afraid it was entirely predicted by conservatives. We knew if this Obastard creep became President he would use the office to exact revenge on all Whities, and what we are seeing is the mere fulfillment of those predictions.
(Hiya, Machogirl! Get any rain last night? I think we got a drop or two in Chandler. Lotsa wind.)
Supposedly working on his closing arguments.
But, if I had to guess, right now at this moment he’s with West.
It’s pretty nice from Oct-May. Otherwise we stay inside as much as possible. Love to have you.
“Anybody feel free to correct me.”
No. Lesser charges are only automatic if the defense agrees to them.
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