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.
I am curious as to how far defense can go in dealing with the additional included charges in their closing? Would they be able to make any reference to the eleventh hour nature, esp if third degree is added?
White riot - I wanna riot
White riot - a riot of my own
White riot - I wanna riot
White riot - a riot of my own
Black man gotta lot a problems
But they don't mind throwing a brick
White people go to school
Where they teach you how to be thick
An' everybody's doing
Just what they're told to
An' nobody wants
To go to jail!
White riot - I wanna riot
White riot - a riot of my own
White riot - I wanna riot
White riot - a riot of my own
All the power's in the hands
Of people rich enough to buy it
While we walk the street
Too chicken to even try it
Everybody's doing
Just what they're told to
Nobody wants
To go to jail!
White riot - I wanna riot
White riot - a riot of my own
White riot - I wanna riot
White riot - a riot of my own
Are you taking over
Or are you taking orders?
Are you going backwards
Or are you going forwards?
White riot - I wanna riot
White riot - a riot of my own
White riot - I wanna riot
White riot - a riot of my own
Mark Fuhrman said last night that the State has not presented any witness that proved their case, or helped their case.
It is a conjecture. He predicts an acquittal or hung jury.
He also said the jury could be pressured in convicting Zimmerman because they fear for their lives.
Yes. But its done after the defense has presented its last witness. This so-called judge makes up law or ignores the law. Not instructing the jury that it is not illegal to follow someone is just one of the reasons this so-called
judge should be kicked off the bench.
Question.
Can O Mara simply state something to the effect that it’s not illegal to follow in his closing ?
And I totally agree with you. That’s why this question of 3rd degree murder/child abuse is so contentious. It’s adding that new element you’re talking about. The example I read is larceny vs. robbery. Larceny is the illegal taking of property and roberry is using force to commit the act of larceny. So a jury instruction could say, “Well, if you don’t find they used force, you can still find they took illegally.”
This child abuse outrage...opens the floodgates for children to do violence as they please. Define child!!
**************************************************************
In the current context I would define “child” as “Yutes”.
I would guess he's prepping his closing argument
.
Like he has said before.....It is what it is. We'll deal with it.
Thank you for the correction. I appreciate it.
WOW...3rd degree denied!
MOM is there and the judge just denied prosecution request for 3rd degree murder charge...YES!
Yes!!!! No 3rd degree!!
Judge takes out 3rd degree felony murder!
Natalie Tolomeo @NatalieTolomeo
Court back in session. Mantei finds 2 ADDITONAL CASE LAWS supporting 3rd degree felony murder w child abuse.
Judge kills the 3rd degree charge!!!
child support/3rd degree felony murder out. Color me shocked.
Shock.
I have seen this repeated over and over during this trial. I object to this characterization. I am a female and was on a jury about a DUI/Hit and run. Even though we ALL felt the person was guilty the Prosecution could NOT prove the defendant was guilty beyond a reasonable doubt, because testimony by the police said when they got to her home she was drinking there. So they could not prove she was guilty of a DUI at the time she hit a parked car. Had they separated the two charges we would have found her guilty of hit and run, but they were not 2 separate charges.
Give women some credit.
It is my opinion IF it was left at the second degree murder charge he would be found NOT GUILTY. If all the other charges are added it is my opinion it will be a HUNG JURY.
Judge just now ruled out the charge of child abuse.
Praise GOD ...she’s not going for child abuse.
Thank God!!!!!!!
Thank GOD for some intellectual honesty from this judge!
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