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May 28, 2013

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George Zimmerman’s Legal Team in Court at 9:00 am EST today.

Today’s hearing is expected to go all day.  If the defense team is successful in getting a Frye hearing the Judge has set court time aside on June 6th and June 7th.

I have no expectations from the Judge and whatever happens, we’ll deal with it.  I won’t be able to watch the hearing today but will peek in throughout the day.  If anyone gets this recorded and posted it would be extremely appreciated.

Obstacles the defense is up against:

  • The State of Florida brought 2nd degree murder charges with these facts
  • The State of Florida is playing games with discovery
  • The Judge sent a message she won’t stop these games
  • A Judge who is sympathetic to the State of Florida
  • An uncooperative family lawyer
  • What is still unknown
  • Political Influence
  • Lack of time
  • Lack of money

Possible Links to Live Streams (Thanks Carole):

WAT~ http://wildabouttrial.com/trial_videos/watch-the-george-zimmerman-hearing-live/

Local WFT~ http://www.wftv.com/s/watchlive/

Click Orlando~ http://www.clickorlando.com/news/-/1637132/19533480/-/fm5b93z/-/index.html

I will not be able to watch today’s hearing due to work demands.  I will peek in throughout the day.  I wish the legal team all the best of luck in forcing the Judge to give this man a fair hearing.

Diwataman has done a great job in a thread on his blog to prepare for the May 28th hearing.  You can find all the resources there on what motions will be taken up with the court and he has links to live streaming.  As always thanks for your work and effort Diwataman.  http://diwataman.wordpress.com/2013/05/10/george-zimmerman-hearing-may-28-2013/

Judge Nelson has been known to start early if everyone is there so I recommend you be ready early too.

For newcomers, please know that racist remarks will be trashed. If you are presenting yourself as a George Zimmerman supporter, please keep in mind this man is in a fight for his life. Conduct yourself in a way that won’t bring heartache and/or embarrassment to the Zimmerman family.

If you’d like to share something privately, you can email me at nettles@bell.net

For those who are able, please make a donation to the defense fund. Thank you for helping.

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Minute-by-minute updates from the hearing

This has been copied from local Channel 13 news. Let me know for those who watched the hearing if anything is inaccurate. I will post a correction.

9 a.m.

Court is in session. George Zimmerman is not present.

9:10 a.m.

Judge Debra Nelson grants the state’s motion regarding opinion as to appropriate penalty or disregard of law. The defense may not mention to the jury what possible punishment Zimmerman may face if he is found guilty.

The defense also may not imply that a jury has the power to pardon a defendant.

Motion GRANTED: The defense cannot imply that the state failed to call a witness because their testimony would be unfavorable to the prosecution. Cboldt added: The defense can remark that the state didn’t call the witness, if the defense calls the witness. O’Mara made that point, that point is clear in case law, and Nelson agreed.

Motion GRANTED: The defense cannot mention George Zimmerman’s lack of previous felony convictions during opening statements.

9:20 a.m.

Motion GRANTED: “Self-serving” hearsay statements George Zimmerman may have made to witnesses is not allowed in opening statements. Other possible hearsay will be ruled upon as they come up during testimony.

Judge now hearing the various items on the state’s motion regarding Trayvon Martin separately.

GRANTED: Talk of whether Trayvon Martin was ever suspended from school is not allowed during opening statements, but could be allowed as evidence during testimony.

GRANTED: No talk of whether Trayvon Martin previously used marijuana is allowed at trial.

9:30 a.m.

GRANTED: No talk of whether Trayvon Martin had ever allegedly been in a fight before the night of the shooting is allowed in opening statements.

GRANTED: Trayvon Martin’s social media accounts cannot be mentioned during opening statements, but may be admissible later if found to be relevant to witnesses’ testimony.

GRANTED: No talk of whether Trayvon Martin ever possessed or wore a set of false gold teeth is allowed.

GRANTED: Trayvon Martin’s school records or performance cannot be mentioned during opening statements, but may be admissible later if found to be relevant to testimony.

GRANTED: No talk of any text messages Trayvon Martin sent or received before or on the day he was shot is allowed until the court rules the information relevant.

9:40 a.m.

GRANTED: No talk is allowed in opening statements that Trayvon Martin tested positive for marijuana at the time of his death.

9:50 a.m.

The judge is now hearing the defense’s arguments for an anonymous jury, a move attorney Mark O’Mara says is to protect jurors, especially if George Zimmerman is acquitted.

10 a.m.

Prosecutor Bernie De La Rionda argues he thinks both sides are entitled to find out who the jurors are.

Media attorney Scott Ponce argues jury selection is an open process and should not be closed to the media.

Judge Debra Nelson rules the jury will not be sequestered, but says the jurors may only be identified by their numbers, not their names, during the trial. The judge adds the media may not photograph the jurors during the trial.

O’Mara says because this is an “extraordinarily” high-profile case, he believes the entire jury should be sequestered. He mentioned the media’s interest in the jurors who convicted Jodi Arias earlier in May of murdering her ex-boyfriend in Arizona.

10:10 a.m.

Motion DENIED: Jurors will not be brought to the scene of the shooting at the Retreat at Twin Lakes. Judge Nelson called the notion of taking a jury to the crime scene “a logistical nightmare.”

Motion GRANTED: The defense’s additional witnesses have been approved, but must be made available for deposition.

10:20 a.m.

Judge Nelson hears arguments on a state audio expert’s fee of more than $3,000. The defense says it’s too much, but the judge says, “It’s very hard for the court to tell somebody how to earn a living.” Nelson rules she will not establish the expert’s fee for him.

10:30 a.m.

Judge Nelson schedules another hearing this Friday, May 31, at 1:30 p.m. regarding whether the media can photograph jurors outside of the courtroom. This hearing could set precedence for all Florida court cases.

10:40 a.m.

Regarding the defense’s motion for sanctions against the state Attorney’s Office, the defense calls Wesley White, a Nassau County attorney, to testify. White worked for state attorney Angela Corey, but resigned last year.

Mark O’Mara asks White about photos on Trayvon Martin’s cell phone of a gun, Trayvon with an underage female, and what White identified as “drugs.” White said he contacted the defense to tell them that the state had not turned over those photos.

Judge Nelson triest to delay hearing that motion until May 31, but because prosecutor Bernie De La Rionda says he cannot be there that day.

The sets aside two more hearing dates for June 6–7, the final weekdays before jury selection is scheduled to begin. The media’s motion on photographing jurors remains scheduled for May 31.

The judge moves on to the state’s third motion for a gag order. De La Rionda claims Mark O’Mara’s public comments on the case are tainting the jury pool.

10:50 a.m.

Regarding the state’s gag order, Mark O’Mara acknowledges that defense attorney Don West made a mistake when he talked about a meeting in the judge’s chambers with attorneys on both sides.

Motion DENIED: No gag order on the defense, though Judge Nelson did express her anger that the defense talked publicly about information that was not supposed to leave her chambers, including that she was considering sequestering the jury.

The judge now begins hearing the defense’s motion to delay the trial. O’Mara says he needs more time to review recently released discovery, claiming the state hasn’t been turning over evidence promptly.

10:55 a.m.

Motion DENIED: Judge Nelson will not delay the George Zimmerman trial, saying both sides have previously indicated that they will have sufficient time to prepare for a June 10 trial. Nelson adds she has just scheduled two more hearings before jury selection begins.

11:05 a.m.

Judge Nelson wraps up the hearing. Next hearing is scheduled for Friday, May 31, regarding the media’s question as to whether jurors can be photographed outside of court.

Thank you to Coreshift for getting the hearing recorded.

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222 thoughts on “May 28, 2013

  1. good luck today. if this were a case in a real justice system, it would have already been dismissed for prosecutorial misconduct. Only in Floriduh can they get away with this charade. I love the way that Mom/West are giving them just enuf rope to hang themselves. The state does not have a chance in this case. It is fun to sit back and watch!

  2. The state of Arizona spent over $1.7 million on Jody’s defense and the jury could not reach a verdict on her punishment so they have to start over with a new jury. How does that work if the new jury did not attend the original trial ? And how much more will they have to spend to defend her? Imagine a successful appeal and retrial..

    Sorry to go OT but given the state of George’s defense fund, I could not help but notice what different states do for indigent defendants. Our system sucks here in Florida.

    • The mistrial is only on the sentencing, she has already been found guilty. The new jury will only have to consider mitigating factors, etc. They will only vote on whether she will get Life or the Death Penalty.

      • I said: jury could not reach a verdict on her punishment

        Is that different than the sentencing in your post or were you in a hurry? LOL

        I am still curious as to how a new jury cannot sentence someone when they did not even attend the trial.

        There is already talks of an appeal, as usual.

        I like their laws insofar as equal justice. The defendant should always have at least as much money for their defense as the state does to prosecute.

        • The sentencing portion is like a mini-trial, both the defense and the prosecution can call witnesses and introduce the evidence from the trial or any new character witnesses for example. At that point the Judge will issue instruction and they deliberate.

          You are right the fact that the first jury did not agree on a sentence, could give the defense a reason to appeal, depending on why.

  3. Best wishes to the team today! I’d rather be attacking Natalie’s racism then defending Robert Jr.’s response. When the opposition is getting pounded just watch. Do not weigh in that you won’t weigh in.

  4. motion granted within confines of case law. well duh, we will follow the law.

    motion granted unless i rule differently.

    let’s have lots of motions to follow the law.

    motion to have court rule correctly on objections.

    now if they only knew the case law, it might work (and none of these motions in limine would have been necessary)

  5. trayvon was suspended from school and that’s why he was there.

    if state says he was here on a monastic retreat, then defense can show he was suspended.

    again, if state opens the door, defense can respond.

    state is backing themselves into a corner.

    no way will state be able to keep themselves quiet, so defense will be able to respond.

  6. trayvon’s use of weed:

    defense: Could have affected his behavior. “Looks like he’s on drugs or something.” Could have been impaired. Out of pot and may have been looking for more. Intertwined with defense’s theory of the case. Cannot extricate use of marijuana from trayvon’s actions that night.

    State: Prior marijuana use.

    Defense: State’s own expert says trayvon’s behavior could be a result of long term use.

    Court: Granted.

    But everyone knows anyway.

  7. Trayvon’s fighting

    This should be granted because it is reputation evidence, but with this judge, who knows?

  8. Trayvon’s fighting.

    Court: How do you get past authentication, and then hearsay?

    Defense: Information only is relevant if state opens the door. (State cannot resist trying to demonstrate that Trayvon was an angel.)

    Court: Will not be mentioned in opening statements. Granted.

    Again, state will not be able to present anything.

    Yet, everyone now knows his reputation.

  9. Social media

    Defense: Might become relevant depending upon state’s presentation. Should not limit case preemptively.

    Court: Cannot mention in opening statements. Unless no-limit-nigga gets past exceptions to hearsay rule, it will not come in.

  10. School records:

    State: Johnson v. state, self-defense case, school records or police reports not relevant b/c gz did not have prior knowledge.

    The standard for this character evidence has 2 prongs–1. gz had knowledge or 2. reputation preceeds him.

  11. we all know that gz had no knowledge of trayvon, so the arguments should concentrate on the second prong (reputation). yet the state keeps mentioning only the first prong.

    nelson has already telegraphed she won’t allow reputation evidence. even if relevant, it has to pass authentication and hearsay rules.

    MOM: Should not preemptively rule on these issues.

    Nelson… ummmmmmm granted.

  12. cannot say trayvon had a reputation for fighting

    cannot say trayvon had a reputation for fightingcannot say trayvon had a reputation for fightingcannot say trayvon had a reputation for fightingcannot say trayvon had a reputation for fightingcannot say trayvon had a reputation for fightingcannot say trayvon had a reputation for fightingcannot say trayvon had a reputation for fightingcannot say trayvon had a reputation for fighting

  13. yet again, nelson is demonstrating her prosecutorial background. she will be shown to be a fool soon enough.

  14. it looks like the best the defense can do is keep protesting so that the appellate court has a clear picture of the railroading of gz

    it is a shame that the appellate court has not yet ruled. nelson does not seem to have any restraint here.

  15. toxicology:

    State: well our medical examiner did not take the sample correctly. huh? this is starting to sound like the OJ case, and we all know what happened there (eventually).

    Defense: THC. Behavior could be corroborated by other (clinical) evidence. (Yet judge nelson has already ruled that his drug behavior cannot come in. Maybe judge nelson should have waited to hear this before her ruling. Oh wait, that would require forethought.)

  16. defense: Trayvon made a decision, a BAD one.

    Judge: Don’t want to get into that. Sorry to cut you off…. Motion granted.

  17. Nelson: Can ask person beliefs about marijuana. But cannot ask if potential jurors believe that marijuana use affects behavior.

  18. It is amazing that if trayvon were the defendant here, which is the typical case for these prosecutors, the state would argue vigorously to allow all of the character evidence, thereby prejudicing the jury as much as possible.

  19. Motion for anonymous jury:

    MOM: Wacko Jacko was texting all of the media last night!

    Judge: Cannot point fingers at anyone, so don’t go there.

    MOM: Well, can we agree that the fingers shouldn’t be pointed solely at me.

    Judge: Idk state’s position.

  20. anonymous jury:

    I understand your argument. (And will completely ignore it.) State?

    BDLR: impossible to put 500 jurors into hotel.

  21. Media: Pulled some cases from my phone.

    Prior restraint. (Cannot stop media from reporting. This is a basic First Amendment right.)

  22. MOM: Crump said this is the greatest civil rights case OF THE CENTURY! (Always depend on Crump for sensationalizing everything. And remember, if you acquit, we are gonna riot in the streets!)

  23. Anonymous jury.

    MOM: Usual case is jury needs to be protected from Defendant.

    Court: Use juror number, not name. Press will not take pictures during VOR DIRE (interesting that she changes her pronunciation to match Bernie’s. Talk about just going along with the state on everything!)

  24. Jury should be able to look at incident scene.

    Judge: Isn’t this disingenuous if you want to sequester the jury?

    MOM: Sure, but we can address that. (He wants to emulate the scene that night…maybe even make it rain!)

    Judge: To get darkness, it would be very late. No one can speak. Just point around. How do you prevent people from taking photos of jurors?

    Logistical nightmare. (She might actually be right on this one.)

    MOM: Secure van, blacked out windows.

    Judge: Lots of alternatives…can view on video.

    Bernie: Impossible to recreate what happened out there. (Well if that’s true, then what are you doing there? Sounds like reasonable doubt to me.)

    • Chip:
      Bernie: Impossible to recreate what happened out there. (Well if that’s true, then what are you doing there? Sounds like reasonable doubt to me.)

      This is perhaps the most sensible thing, ever said by the prosecution, it is ironic they don’t understand the implication of that statement.

  25. Morning Chip!

    stevie g. – your doing a great job! I am appalled that the OS thinks their right to photograph the jury is more important than the safety of the jury.

    The attorney for the OS was more than unprepared, I wonder why he wasn’t aware of the MOTIONS that have been mentioned by his employer, the OS.

  26. I am watching the hearing at WFTV, I wonder if the older woman sitting w/Crump, Sybrina, & Handlers is Francine, Natty Jacks mother?

  27. someone got a report, gave it to BDLR, and BDLR sat on it.

    continued until Friday, May 31.

    BDLR: Daughter getting married that day. (Why didn’t he say something sooner?)

  28. So why would a state employee need an attorney, especially one who used to work for the state until December 12?

    Here’s a guess: the state employee is being black-balled for going against BDLR.

    This is HUGE!!!!!!!!

    • Did you notice that O’Mara, when asking the judge to get the IT employee down here today from the SA’s office in Jacksonville, said that “presumably, he’s still an employee of the State’s Attorney’s office at this moment.” (something to that effect)

      I think O’Mara knows that the guy may be immediately fired by Corey’s office now that they know he’s working against the scheme.

      • He is now on leave “about 5 minutes after I got off the stand.”~ White referring to IT guy whose name I don’t dare try to spell.

    • Maybe I misunderstood. Mr White was a former SA, left Dec 2012 and his client, is the State IT emp correct ? LOL yep Najame said on HLN” that 4th of JULY may come to Florida June 6th! That this is HUGE”. lol

  29. There is no possible way that this witch is going to grant a continuance. I already see another filing by the defense with the DCA probably by tomorrow or the next day.

    I remember so many, including lawyers saying that the Motions in Limine filed by the state, if granted, would eliminate almost any defense of George that the defense possibly had. She just insured that the defense will have no way of defending George.

    It’sMichaelnot Mike had posted that he was going to start writing letters to his contacts in the Senate and House in Washington about the activities of Judge Nelson, Corey and BDLR. He suggested that others do the same. The only hope now for George is if enough of us start flooding the phones, emails and faxes of those in Washington who may be able to stop the railroading of GZ. With all of the other scandals coming to light currently with the actions of the Obama admin., perhaps the George Zimmerman case can be added to the long and growing list. Obama and the DOJ have certainly played a role in this case.

  30. Nelson:

    West should never had said anything about the jury being sequestered. She is clearly pissed.

    You said the court said. I did not. (I think she is about to cry!)

  31. 3rd Motion for gag order:

    MOM is handling the court with kid gloves now. He is very sensitive and apologized for West’s mistake.

  32. I don’t mean to cut you off……

    she always says before she cuts you off.

    Motion for gag order DENIED!

  33. Well they are all laughing now! MOM is very smart and here’s a life lesson:

    SHUT UP WHEN YOU ARE WINNING!

    Never keep arguing after you have won!

  34. MOM: Wants complete review of all discovery b/c now he has evidence that reports have been hidden from me.

    Some great guy told MOM about how the state is covering up information.

    There is a mole!

    Any reasonable judge would do this as soon as possible. It really looks like prosecutorial misconduct. You can expect BDLR and everyone to batten down the hatches!

  35. Motion for continuance:

    BDLR wants to rush this train through as soon as possible.

    Judge: already gave everyone notice.

    Media: We are so happy!

  36. MOM: wants to put something on the record, obviously for appeal purposes.

    The DCA made a big mistake by not reining in Nelson before this hearing.

  37. I just read at Dmans site that a state attorney, Ben Criboss?, called the defense 5 weeks ago to let them know that BDLR is hiding information from them. Apparently they have photos of gun and drugs and an underage female. Sounds like DD to me. O’Mara wants a review of all states discovery. State attorney who snitched on Bernie will be a defense witness. He is no longer a state attorney, I don’t wonder why.

    Can charges of prosecutorial misconduct be brought against Corey and BDLR now, even before the trial starts? Would it be O’Mara/West and the state’s attorney who would bring those charges?

  38. Motion for this Friday still on, but BDLR i guess will not be there.

    May 31st, 1:30 p.m.

    Anonymous jury, photographing jurors.

    June 6, 7 – Frye hearing and continue motion for sanctions.

  39. looks like natjack and sybrina have a bff love fest going on!

    spread that hate, but disguise it as LUVVVV!

  40. sybrina wins best actress award for playing the aggrieved mom. I am sure she feels guilty for throwing Trayvon out the house. There are no winners in this case, but it is amazing how quick they were to grab the cash when they could…before all the facts came out.

    BDLR is clearly worried and appealing to MOM; you got the whole thing! Whatever!

    The deputy finally throws them out of the court room Here come the pressers…………

  41. p.s. – i wrote previously to the defense to caution them that the mics are still hot after the hearing ends. Apparently, no one pays much attention to that caveat!

    • I distinctly heard O’Mara talking to BDLR about Natalie Jackson’s mother just before the camera cut off. BDLR looked genuinely surprised at whatever MOM said.

  42. I am FURIOUS that Judge N is going to have the freaking trial on June 10th, come hell r high water, imo, she isn’t interested in a fair trial for GZ.

    OUTRAGEOUS she shut MOM down immediately when he simply ask if voir dire questionnaire could be discussed on the next hearing, she couldn’t say NO fast enough.

    Does anyone have a link for the pressers? TIA!

    • She snapped didnt she! Said something to effect she knew how to handle jury seleciton and would do it. Ummm maybe a reg jury but this crap aint NORMAL in ANY SENSE!

    • RZ Jr. almost made me cry, his heart felt message is not lost on GZ’s supporters, its incomprehensible the pain that has been inflicted on their family much less their lives threatened.

      Although Hornsby & Jeralyn may think that family members should not speak out, they view this as a case as through the eyes of Criminal Defense Attorneys. ONLY the family knows their frustration, pain, & injustices done to them as a family. In KC’s trial, Mark NeJames called Cindy Anthony out in an interview “for doing the bidding of the Defense.” Indeed a fact, the Anthony’s were able to spew propaganda promoting the latest theory of the Defense or saying things that would have crossed the line for the Defense to say in a Media Blitz. That has NOT been done by the Zimmerman family, I appreciate their efforts in trying to diffuse some of the lies & attacks on GZ.

  43. ottawa925 – LOL – did you see when it was announced “Sybrina wouldn’t be speaking because she is a possible witness?” LMAO! THEN! Natty Jack had to be pulled away from the MEDIA so she would SHUT up. Guess that beat down she took on twitter last night was not lost on the Handler’s.

    Did MOM speak yet? TIA!

    You gotta love it, Natty Jack being called out for her “racist” remarks & playing the “race card” by Hornsby & Mike Iglarsh.

    • I did love it art and no I have had this on continuously and MOM/West have said nothing in front of these microphones. Perhaps that was the plan today. Did you hear Robert? He was masterful. He makes the entire teams of goofs (team Crump) look like the gang that can’t shoot straight.

      Did I tell you that I mouthed horrible things at Nelson when her face was on the screen. What a God awful woman. In the words of Mike Ditka !!: What goes around comes around. She … ONE DAY … will receive judgment by the most high. Her abuse of power is shocking. I said it way back and I’m saying it again that she is a dangerous element in the selection of a Jury. She can do what she pleases. Either side can object all they like, but if she wants it ? … it’s a done deal. MOM you could tell was going to ask her for a copy of HER questions to the Jury … he backed off.

  44. I was disappointed on the Mot. for Sanctions because MOM brought in a surprise witness. I assume it was a surprise to the State, and if I am right MOM lost the element of surprise cause they have postponed that hearing until June 6/7. Everything the witness (a former State’s Attorney who contacted MOM) said was according to State and Judge considered heresay. MOM should have anticipated that. Certainly he knew at the time he filed the Motion, so he should have tracked the FIRST PERSON (also a State’s Attorney) for testimony or deposition or at the least an Affidavit that he could have presented to the Court today. He asked the Judge for Subpoena so I assume he will call that person in prior to the June 6/7 hearing and have them present for the June 6/7 hearing. This all should have been anticipated by MOM … IMO.

    Now that the element of surprise is gone … you watch … the State will (behind the scenes) pressure this FIRST PERSON witness and/or talk their way outta this one. I just cannot understand why MOM does not anticipate more. Is it something I don’t see in his tactics? The surprise witness was great, but it didn’t last long and NOW the State has time to work it’s black magic behind the scenes.

    • Thanks to Diwataman, I’ve just seen the hearing. If I heard right. Mr. O’Mara did not know the name of the person who generated the report and gave it to BDLR. Attorney White told Mr. O’Mara he would only disclose it under oath on the stand. So it’s wasn’t possible to have the IT technician there.

      I wonder why Attorney White played it out that way?

  45. I read Hornsby on Twitter while this was going on and re: fees of Expert .. he said the most common sense thing. Whatever the State paid is what the Defense should pay as far as “hourly fee”.

    • ottawa925 – THANKS! I caught MOM’s presser, it was short but I guess he did one with most of the local news.

      Hornsby makes a good point about the Defense paying whatever the State paid for the expert, BUT until the Defense does his depo & ask him how much he was paid, they won’t know.

      IF GZ had been declared “indigent,” the experts fees would have been paid by the taxpayers of Fla. Appalling Dr. Lee was paid over $ 6,500.00 PLUS airfare/accommodations in KC’s trial & all he did was write a report, he didn’t even testify but ALL paid for by the taxpayers of Fla.

      • The Judge could have handled that. She could have asked the State what hourly rate they paid. BDLR answers, and Nelson tells the defense … there you go, I will order this is the rate you will pay as well. I’m sorry, I may offend some who may be experts here, but in my experience they are like whores when it comes to cost. There is the range fron the streetcorner type to the high priced call girl. The point MOM was making but apparently Nelson doesn’t care was that this so-called expert does not even have a degree, and that a person that they did contact that has a degree was what did they say …. $100? This guy is a charlatan … a QUACK. He’s a phony and so is the science he depends on. Personally, I would not pay for anything he has to say. Get your own expert and when State puts the Quack on the stand, then just tear his testimony apart with a degreed expert. You do that by first pointing out that the Quack has no credentials. You bring in an expert to testify that the science the Quack uses is more quackquack stuff. I would waste one minute on him. What the quack thinks/opinion is already in discovery … no need to pay to talk to him.

        • I agree totally. Why pay him in advance of the trial when you can do that for free when he takes the stand? West and/or MOM will end his career when he is exposed as a fraud. I wonder if this guy comprehends the negative consequences that can/will result.

          I would like to know if the State really did pay him, and how much. I say that because he might just be hungry for publicity.

          Doesn’t he also require a separate exorbitant fee to testify?

            • It was Reich who balked at providing O’Mara with a copy of the report he did for WaPo. According to O’Mara, Reich cited that the report for WaPo was done on a contract, and the report is WaPo property. Reich claimed he has no right to provide a copy to the defense, unless WaPo agrees.

              This is a thin argument for an expert, as the opposition has a right to ALL material used to reach conclusions and ALL preliminary conclusions, etc. An expert can’t hide some of his work on a case behind selling the preliminary work to a third party.

    • I can’t help but question the Constitutionality of requiring a defendant to pay even a penny to exert his right to confront all witnesses against him.

  46. Gang, I know it looks like things went bad today, but not all is lost. The information can come in as rebuttal and impeachment evidence. This is just delaying the inevitable. The only thing that happened is that MOM will have to work harder but in the end the jury will see the real TM if they haven’t already. Notice that MOM and West took everything in stride, they knew that it would not be easy and the Judge was likely to grant the motions, but as is the law the foundation for the testimony needs to be laid. At that point MOM can use that information.

    The denial for extra time, is a concern, but MOM got it on the record for the Appeals Courts the problems he’s had. BDLR looked strangely out of his game today. Wonder why? Finally let the Scheme Team declare victory it will be a Pyrrhic one.

  47. Nettles !! Excellent job of taking Tanya Acker to task on Twitter. She is so clueless. Why is it mostly clueless people get to be on TV?

  48. Omara is on HLN with Jean Casarus?sp. I personally think he is doing pretty good. Oh and HLN is showing the cell phone pix. The black commentator on the HLN show is IMHO racist in his remarks and tone. grrr

    • Did you…. and everyone else.. .catch how they have now dubbed this case officially to be “THE CIVIL RIGHTS TRIAL OF THE CENTURY.”

      Remember when Crump said that previously in similar words?

      • Yes Jordan that what HLN is doing. I wouldnt watch at home if I had cable. I am at my dtr home today so we had on. They are just IMHO circus to get rating, not on reporting anything. Did you catch that Black commentator try to put Omara on the spot kept asking IF HE- OMARA THOUGTH TM was a violent person. OMARA did not fall in that trap.

  49. Since gz mentioned that it looked like trayvon was on drugs, then that meets the first prong of gz’s prior knowledge. Thus, Nelson’s ruling is incorrect and could be appealed if necessary.

  50. Here is a common sense question you never hear asked:

    Would you think the person screaming on the 911 is the person receiving a beating and sustaining injuries, or the person administering the beating without a mark on him? ANSWER.

  51. Thanks so much everyone for bringing information to us. I’ve posted a recap of the hearing in an update on the thread. Scour for video of the hearing. I’ll post it there when we get it. I’ve got to run.

    Quick thoughts, the Judge is on the side of the State but she can’t protect them forever. To prove their case, the State is going to have to describe Trayvon and George. Best of luck to them. Gotta run!

    • cboldt

      If you are replying to my post about MOM’s opening statement, can’t you see that I was being sarcastic and/or cute?

      This is why I want a sarcasm symbol that everyone recognizes.

      • My remark just coincidentally happened to appear in close proximity to your remark. My remark had nothing to do with your remark, in fact, I wasn’t even aware of your remark as I was composing mine. My remark was a (minor) correction to a point stated in the summary at the top of the page. I quoted (and put in italics) that summary that was incomplete or incorrect, and then I made a short summary that was a correct statement of the law.

        Your sarcasm was obvious in your post. It didn’t need a /sarc tag. I don’t use a /sarc tag, ever, and sometimes it is difficult to tell I am being sarcastic. I don’t care if readers think I’m serious when I’m not.

  52. Folks who may be discouraged … don’t be. The pics/texts etc. was a good strategy play by the defense. They were able to bring to the public eye by doing a filing saying WE think ALL THIS is admissible. Judge limited the admissiblity. The Defense was basically showing the State what it has in its arsenal. So if State wants to pull something … Defense is stating it stands ready to do same. So OK, let’s keep it to what happened that night. I’m sure the Defense is happy to do that. They already exposed the arsenal they have and I believe they may be more.

    So basically it was like two gunfighters standing in the street, fingertips feathering the grip. Defense: go ahead … reach for it. It’s just their way of saying if you wanna go down that road … we stand ready. That’s all that this was about.

    • Am a bit disheartened, but agree. I think these motions limit the state much more than the defense. Without the narrative, the state has nothing. Also, didn’t MOM say he has more than what he disclosed? At least one thing he revealed, was the video tape TM took of his two friends beating a homeless man. Also, if I’m not mistaken, MOM says all his information has been vetted.

      • the video tape TM took of his two friends beating a homeless man.

        Just curious – from a legal point of view – assuming the faces of the 3 people could be identified from the video, could the tape be subpoenaed (sp?) and charges brought against those 2 hoodlum friends? (speaking in general, because this SA office doesn’t seem too interested in pursuing justice)

        • If the prosecution is interested in justice this is something they should have been investigating already, the thing is it undermines the current case so they will wait until the case is over, if at all.

  53. June 10, 2013 Sanford Courthouse.. Live 9AM

    MOM: Good Morning, Ladies and Gentlemen of the Jury.

    Before I begin to make my official opening statements for the record, I want you to know that Judge Nelson has denied Mr. Zimmerman’s right to tell you that Mr. Martin was not a little well mannered cheerful chile as Benjamin Crump as his parents have said. They all know conclusively that he was a thug who enjoyed drugs, guns and violence and was high as a kite when he attacked my client.

    Bernie: Objection, your honor… duh, bah, wah.. or something..

    Defense: MISTRIAL! MISTRIAL!

    Nelson: This trial is now suspended until further notice. However, I reserve the right to grant a continuance so I can reconsider my previous effed up decisions. I admit I was too lazy too research the law and was also in a hurry to go home.

  54. Motion GRANTED: The defense cannot imply that the state failed to call a witness because their testimony would be unfavorable to the prosecution.

    The defense can remark that the state didn’t call the witness, if the defense calls the witness. O’Mara made that point, that point is clear in case law, and Nelson agreed.

  55. Before the judge decided to postpone the hearing on sanctions, a former prosecutor who used to work in the same office as the attorneys prosecuting Zimmerman testified he had told O’Mara about photos and text messages from Martin’s cell phone that hadn’t yet been turned over to the defense. Former Assistant State Attorney Wesley White resigned last year from the State Attorney’s Office that covers northeast Florida.

  56. re the exchange between BDLR and MOM at the end of the hearing:

    disclaimer: I am an audio expert with advanced hearing. capability This be true. I mean, these shall be.

    BDLR: You got a lot of nerve. You’re gonna complain about me? You know. Like…you have a gun pointing at my head so my hands are up. With all due respect. It’s not fair! (Guy slinks away too…he doesn’t want any part of it. He could be next. Everyone knows the inside scoop about BDLR’s shenanigans.)

    MOM: tries to slink away.

    BDLR: well you gotta do what you gotta do.

    MOM: yeah, what i gotta do. i’m just tryin’ to do the best i can–defending my cliient. you know the routine.

    BDLR: well i thought we were friends.

    MOM: yes, of course we’re friends…really i gotta go bernie.

    BDLR: yeah, yeah, i know. you gotta run. But you got the whole thing. (Really honest mark, i would never lie.)

    MOM: ummm, i don’t know what to tell you.

    BDLR: whatever, whatever.

    MOM: i’m gonna try the case.

    Bernie is just going nuts. Again, this is huge! Finally, someone, soon to be fired, is going to spill the beans!

  57. Call in on HLN says all normal teenage behavior. So, three suspensions in the first half of school year – normal, drugs-pot, with possible growing and selling involved,lean- normal, burglary tool and unknown jewelry – normal, video taping friends beating up homeless man – normal, sale/purchase of gun – normal, vandalism – normal, being sent to live with father because mother can’t handle him – normal, numerous involvement in fights – normal. Did I miss much? So just what would be considered a problem? Murder maybe….

  58. Sorry, i will not be able to answer unless paid my $3,300 expert fee. I am well on my way to making $720,000 per annum.

  59. nah, tbh, i was just winging it. i did hear a few of those words though, and just made up the rest. Oh well, there goes my career as an expert. Back to developing my proprietary software…..

  60. whoa, crumpie has the serious hots for jean casaraz. Crumpie says, mmmmmm, love me some latinas:

    Jayun, yer cuerstion shows the ebidence was released preebidously. Huh?

  61. “Zimmerman’s team put an outside lawyer on the stand, Wesley White, who testified that photos from Martin’s cellphone were never shared with them. White, who resigned as a state prosecutor in December and is now in private practice, represents the state attorney’s office’s information-technology director, Ben Kruidbos, who will be called to testify June 6 about the allegedly withheld images.
    White told NBC News that Kruidbos was placed on administrative leave Tuesday and considers himself a “whistleblower” under Florida law. Kruidbos was grilled by staff in the state attorney’s office twice, either to learn what he planned to testify about or possibly to “bully him,” White told NBC.
    http://nbcnews.to/110P2ax

  62. HEADS UP PEOPLE.

    ALAN DERSHOWITZ will be on Piers Morgan Show TONIGHT on CNN discussing the Zimmerman trial. I can’t wait.

      • Nettles, I would love for you to tweet Piers and ask him how many times is he going to interrupt Professor Dershowitz, or is he going to LISTEN and LEARN. Or is Piers once again going to play the expert. Let him know we will be watching him closely. I would like to see him tangle with Alan tho. It would be worse than when he had to tangle with Ted Nugent … well, a close second probably. LOL

          • Under the circumstances, it was fair “fight.”Same old stuff from Crump but I sense that the public might see this for what it is. Letting them both talk on the same show is great, IMO. For now the media will wage war to get the mostest and bestest coverage so let them go at it and fight each other. The more the public hears at this point the more it will finally make difference in George’s favor b/c it’s clear that MOM did NOT manufacture all of these things about Trayvon.

            Has anyone else besides me noticed the difference in what an article says now compared to 6 months ago? Don’t you agree the tide is turning and are staying pretty much with the facts? I have been looking hard for blatant lies so I can fulfill my plan but cannot find a reason to do that.

            I really think we should acknowledge that. … maybe they will continue to report the truth if they know we are noticing. I know, I know.. .I am full of it if I believe the media pays attention to us. If only……. la de da.

          • You didn’t miss anything really. MOM opened with a very good statement and stated that this is not a Civil Rights case (race). Crump then stated that you cannot deny that race played a part. MOM disagreed then Crump then done. Next, Alred and Dershowitz talked in civil fashion with very little interruption by Piers and Alan in particular did say there was no Civil Rights case. Also, Alan set this scenario. He said to Piers … even if GZ was the worst person in the world and aggressive and started the fight .. once Trayvon jumped on him and began beating him, and GZ felt his life was on the line … by Florida Law (self-defense) GZ had a right to meet him with deadly force in order to save his own life.

  63. My friend just text me and said Alan Der (cant spell his name) is suppose to be on Pierce Morgan show tonight

  64. Pingback: George Zimmerman Hearing & Presser May 28, 2013 | DiwataMan

  65. What do you know? The DCA replied to me today.

    Ackbarsays: Is there any information publicly available about when an opinion will be forthcoming regarding the Petition for Writ of Certiorari filed in the Zimmerman case on April 9th? Are you able to tell us whether this case is being decided by a 3 judge panel or if it’s being decided en banc?

    DCA: I cannot predict when a decision will be rendered. The case is currently under consideration by a three judge panel. We do post significant pleadings on our website.

  66. Tonight at 9: Both lawyers from the Trayvon Martin case, the “Bee” adds vocab., and Ben Ferguson on “The Grill”

    On a day which has seen George Zimmerman lose a handful of potentially critical pretrial motions, this evening Piers Morgan welcomes a collection of the case’s significant players.

    Mark O’Mara, Zimmerman’s attorney, and Benjamin Crump, the attorney for Trayvon Martin’s family, will each return to “Piers Morgan Live” for one-on-one interviews, while legal experts and decorated courtroom veterans Gloria Allred and Alan Dershowitz will supply all the relevant insight and context as part of Tuesday evening’s “Law and Disorder” segment.
    http://piersmorgan.blogs.cnn.com/2013/05/28/

  67. Saw this posted on the Slantinel……Trayvon had a duty and a responsibility to beat the shit out of George: Tommie T at 1:24 PM May 28, 2013
    Let us be clear. Once Zimbot left his car Trey had not only the opportunity to beat himself up a Zimbot. But he also both the right and the duty.
    It is a sad inditement on America today that black parents still have to have The Talk with their teenage sons.
    “Son, I am very sorry to have to tell you this plus from now on you will have to always beware of policemen and wannabees who will think you are up to no good just for WWB, walking while black.”
    As soon as Zimbot looked at Trey funny he deserved a whupping. When he squealed on Trey he deserved to really squeal. Once he got out of his car that was it. It wasn’t just for Trey anymore. It was a fight against anybody who would look down on somebody for WWB

  68. Several weeks ago i posted that the defnse has cellphone video of an assault on a homeless person by trayvon. I sent the message to both sundance and D-man with screen caps of proof of my claim and i was dismissed outright by both. All i can say is……told ya so! 😛

  69. captainlongschlongsilver again lies about me.

    Here’s his email to me that I have redacted

    “I saw someone on conservative treehouse post that the defense has proof that the infamous dee dee / trayvon phone call did not actually happen and also that there was some violent videos of trayvon found on his cellphone. *****************************************”

    I never replied because ONE: the video on the phone stuff is way old news and TWO: there is no such proof that DeeDee was not talking to Trayvon but there is proof she was.

    Your claims about me are again proven bullshit and you really need to stop. I am not your enemy.

      • That was Stevie G. who made the comment. Note on this theme the commentator is found at the bottom (I don’t like that but we are all trying to get used to it).

        BTW, thanks so much for your play by play Stevie. I was able to peek in between interviews and very much appreciated reading your recaps. Thanks.

        • you’re quite welcome nettles. i hope u don’t think i was trying to hijack your great blog! you are very kind and considerate.

  70. everytime the media says that photos of trayvon using drugs cannot be used, they show this photo:

    trying to suppress all this just guarantees that it will be seen by everyone in seminole county. brilliant move by MOM, totally legal.

    • I call it progress when they move a12 year old in a red Hollister shirt to this pic, don’ you. The media now has little choice but publicize discovery which clearly shows that Martin was a thug

    • It might be me but I think that will also generate some sympathy for The Defense from potential jurors.

  71. Why does crump keep goin’ on about the defense putting all the discovery into evidence in order to assassinate Trayvon’s character?

    MOM has explained several times that, BY LAW, he must release that information if he wants to use it–even if he doesn’t use it. It is simply Florida law. What kind of wannabe attorney would not understand that?

  72. Nettles .. FYI … Shayan isn’t private anymore. That didn’t last long. He must have protested to the Crumpster. I’m gonna be keepin an eye on dat boy.

  73. WFTV – Bill Sheaffer weighs in on BDLR

    WFTV legal analyst Bill Sheaffer believes the defense will get Martin’s texts about fighting in because they support the defense theory that Martin was the aggressor.

    Sheaffer said if that is the case — that de la Rionda lied to the judge here at the last hearing about evidence from Trayvon Martin’s cellphone — he could be found in criminal contempt, for which jail would be a possible consequence.

    Sheaffer calls it unprecedented and said it could lead to serious consequences.

    “If the defense can prove the allegations, it may well give rise to a criminal contempt proceeding,” said Sheaffer.

    http://www.wftv.com/news/news/attorneys-battle-court-over-evidence-zimmerman-tri/nX4Wz/

    • In regards to BDLR and MOM calling the witness Wesley White to the stand, I replayed the video and watched the reactions of BDLR. He seemed arrogant … like OK, you’re bringing this guy to try to get to me, but I have the entire State’s Attorney’s Office behind me all the way up to the Gov. and “you can’t touch this”. He bolstered the impression I was getting when of course he objected on grounds of Heresay … oh of course Nelson followed him through that door … about a witness who IS AN ATTORNEY (an officer of the court), and who represents (a CLIENT, who also is an attorney, and another officer of the court) that told him what happened with evidence that he placed in the hands of BDLR. THEN, in continuing to watch BDLR he wanted to lay into Mr. White on his former employment at the State’s Attorney’s Office. What? Yeah, and BDLR flapping was like “and you were employed were you not ….” To say that White’s coming forward is a result of sour grapes? ohhhhhhh this will be good. We may finally hear WHY all these higher ranking State’s Attorneys left the Office. We never did get a good explanation as to WHY when it was on the front page of Florida newspapers. We may now get our answer cause trust me BDLR is going to open that door to save his butt … UNLESS BDLR is muzzled by Corey and then guess what? BDLR may be told to lay down and take it. What possible outcome could there be? You can’t possibly tell a man on the stand … this BEN dude … no you are lying, that never happened. <<< THAT is not going to happen. The man is STILL employed at the Office. They would have to prove he's lying.

      I guess we knew that sooner or later the lies and manipulations would start to unravel. You cannot control EVERYTHING and EVERYONE, and Scheme Team in total are arrogant enough to believe they can. Now the State is going to learn a very hard lesson. Jail time for Bernie? Not if Nelson can do anything about it. However, this time Judge Nelson EVERYONE is watching so be careful you don’t get caught helping Bernie.

      • Old sayings:
        Where there is smoke there is fire

        Hopefully this only the tip of the iceberg. A massive coverup is already in place.

        The fraidy cats as well as those with moral courage to do the right thing could easy be the undoing of all of the players just as we are seeing now in Capitol Hill hearings. How far up will this lead us?

  74. I was going back through my Constitutional Law textbook earlier this evening and ran across the SCOTUS case of Kyles v Whitley (1995)…

    The scope of the prosecutor’s disclosure obligation doesn’t begin and end with what the prosecutor personally knows, the obligation to disclose evidence favorable to the defense extends to “all evidence known to anyone assisting the prosecutor.” Emphasis ‘anyone.’ The long and short of seems to be that the prosecution has an obligation to find out what can be found out, and failure to do so is not an excuse.

    That said, I seem to recall Angela Corey very specifically thanking Crump for his ongoing and daily ‘assistance’ with the case and, of course, Judge Nelson herself making him co-counsel of some undefined sort.

    Forget deposing Crump, file another discovery violation against the state. Whatever exculpatory information or evidence Crump has needs to be turned over to the defense. There is no work product privilege when it comes to persons assisting the prosecution.

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