Unarmed black 17 year old shot by Neighborhood watch captain in gated community...

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waggy

No Lifer
Dec 14, 2000
68,143
10
81
Seems kind of bizarre to a native English speaker like myself as well. O'Mara basically said the state in discovery is giving me inaudible and heavily redacted tapes of the deposition of what you are calling your most important witness, and the trial judge is letting them get away with it. The State is responding yes, we are, but that's okay because you can always appeal.

Discovery is one of the most important parts of building a criminal defense. The state is blatantly attempting to win its case by providing very little usable information as late as possible, and the trial judge IS letting them get away with it. That's as disturbing in its way as the original accusations that the state was colluding to allow Martin's murderer to go free. Most of us aren't suddenly going to become minorities, but all of us could some day wind up in Zimmerman's shoes and whether the charge is murder or tax evasion, one would like to believe that the legal system would operate impartially.

EDIT: I should point out here that O'Mara's appeal was to depose Crump as a witness because of these delays, which is almost certainly going to be turned down given that Crump still has ongoing civil litigation. So while the State's response seems bizarre to me, it will likely be enough.

I agree. so far it seems really bazaar. but also in line with a few other cases where pro defense jurers were pulled and replaced, laws were passed to allow testimony IN ONE CASE etc.
 

Druidx

Platinum Member
Jul 16, 2002
2,971
0
76
For Londo

318666-9MJ1J51.gif



Sadly it probably when over his head.
 

Londo_Jowo

Lifer
Jan 31, 2010
17,303
158
106
londojowo.hypermart.net
Here's an interesting post at the TalkLeft forums.

http://forums.talkleft.com/index.php/topic,2385.msg109156.html#msg109156

No, for a fundamental reason. Basically, he hasn't argued charging deficiency to the trial court yet, and he can't skip over Nelson without giving her a shot at the issue.

O'Mara hasn't even moved for a court order to compel the state to produce a Bill (or Statement) of Particulars, even though he asked for one about a year ago (April 20, 2012 Notice of Appearance, Waiver of Arraignment, Written Plea of Not Guilty, Demand for Discovery, Statement of Particulars and Request for Jury Trial). Rule 3.140 describes the legal justification for having a Statement of Particulars (to inform defendant sufficiently, to enable preparation of a defense), as well as the substance of the information to be imparted:

(n) Statement of Particulars. The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense. The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney, including the names of persons intended to be defrauded. Reasonable doubts concerning the construction of this rule shall be resolved in favor of the defendant.​

Bernie has been thrown off balance by O'Mara's decision to not have a pretrial immunity hearing. I think he's just throwing up a smoke screen, because it's a given that O'Mara will move for judgment after the state presents its case, and assuming for the sake of argument that the jury returns a guilty verdict, he could (theoretically) move for judgment notwithstanding the verdict. Bernardo's case presentation isn't affected by either of those two realities. He's going to put on the best case he is capable of. Likewise, his case presentation is not affected by the prospect of O'Mara moving for a grant of 776.032 immunity. Any of the motions (for a directed verdict, for dismissal for want of showing evidence to meet an element of the charged crime, that use of deadly force was justified) turn on exactly the same law, and exactly the same evidence / facts.

O'Mara has a good argument that the state is impermissibly inquiring into a matter of legal strategy. That, as the state knows, defendant has a multitude of legal options available. Notice that Bernardo hasn't moved to strip Zimmerman of a right to assert immunity before the court. But, he's sort of suggesting that is a possibility, at his #7. Well, defendant retains the right to argue immunity, even in a post-conviction setting. I'll bet it's been done before. I know it's been done after charging the jury, and the jury did not return a verdict (Jarkas).
 

Darkman

Diamond Member
Feb 24, 2013
4,033
0
0
'My country, always wrong'

Published: 14 hours ago

George Zimmerman (who stands accused of shooting Trayvon Martin, a black youth, on Feb. 26, 2012) isn’t white either – but that didn’t stop the left from promoting and persecuting him as such because it suited their agenda. They and opportunistic black career activists whipped the public into near-rioting frenzy in the weeks following the shooting, which Zimmerman claims was self-defense. Yet the incident remains a “hate crime” in the eyes of the public, even though it has been long since revealed that Zimmerman is of Peruvian, black, as well as German ancestry, and his mixed lineage is visibly evident.

Once again, however, as I’ve indicated regarding many high-profile phenomena ostensibly centered around race, this is actually not the issue. In the case of Zimmerman-Martin, the issue of ethnicity was exploited to foment ethnic tensions and public discord. In the case of the Boston bombers, even prior to their identification, it was also used to foment tension; since then, it has been employed to promote the inordinate and dangerous deference toward Muslims liberals have been cultivating since 2002. Despite the fact that most Americans were more than duly conscientious with regard to not condemning the entirety of Islam for the actions of the 9/11 terrorists, liberals subsequently crafted a narrative of Muslims having been persecuted ever since.

Read more at http://www.wnd.com/2013/04/my-country-always-wrong/
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
The Trayvon Martin Case, Update 26: You Have Been Weighed In The Balances and Found Wanting



http://statelymcdanielmanor.wordpre...en-weighed-in-the-balances-and-found-wanting/

Umm, what the fuck is this?

(4) O’Mara provides a section of Crump’s coaching of Dee Dee, a matter about which he lied in his affidavit, though O’Mara merely says it “contradicts” Crump’s affidavit:

Mr. Crump: OK. I wanna stop you and I want to have you say all that over again just that part there and I want you to uh, tell about how he said, how Trayvon said, ‘I thought I lost him’ and then, yeah I want you to start off right there, ‘I thought I lost him, and then he caught up,’ I want you to do it loud and slow, ok? So I can get it. Because I remember you said Trayvon, you told Trayvon to run home and so I want you to say that—

Witness 8: No. Trayvon, will, I told Trayvon to run home because I thought he had said he lost him, so Trayvon told me (Crump interrupts)

Mr. Crump: Ok

Witness 8: he’s gonna run for it

Mr. Crump: Ok. Let me do this here. Le me have you start over just that there ok, and say it loud and slow for me. Ok?

Witness 8: Alright.

Mr. Crump: Ok, a one, two, three…

Witness 8: Trayvon run for it.
 

Darkman

Diamond Member
Feb 24, 2013
4,033
0
0
OK .. I am leaving now ... I have an appointment :)

spidey can take over now, maybe)))))

-----------

*** Dark waves to his buds Londo, Druidx and "Napoleon" ;-)
 

Londo_Jowo

Lifer
Jan 31, 2010
17,303
158
106
londojowo.hypermart.net
Here's an interesting post at the TalkLeft forums.

(n) Statement of Particulars. The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense. The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney, including the names of persons intended to be defrauded. Reasonable doubts concerning the construction of this rule shall be resolved in favor of the defendant.

http://forums.talkleft.com/index.php/topic,2385.msg109156.html#msg109156


I just wonder if Dershowitz view of the affidavit will have any effect on this case.

http://www.mediaite.com/tv/harvard-...arrest-affidavit-irresponsible-and-unethical/

Dershowitz called the affidavit justifying Zimmerman’s arrest “not only thin, it’s irresponsible.”

“But it’s worse than that,” said Dershowitz. “It’s irresponsible and unethical in not including material that favors the defendant.”

“This affidavit does not even make it to probable cause,” Dershowitz concluded. “everything in the affidavit is completely consistent with a defense of self-defense. Everything.”
 

Darkman

Diamond Member
Feb 24, 2013
4,033
0
0
Hopefully Allan is correct.

As I said many times POS Corey doesn't even deserve to carry Dershowitz' golf bag. :)
 

Darkman

Diamond Member
Feb 24, 2013
4,033
0
0
Hey Londo ... if you register at Random Topics you'll get access to Members ONLY forum sections that are "hidden" from the eyes of Forum Guests ;)