May 30, 2013 is the deadline for short-order motions. http://www.flcourts18.org/PDF/Press_Releases/Amended%20Scheduling%20Order.pdf A week ago we discussed possible motions in limine the defense should file such as:
- No young pictures of Trayvon
- Prevent State from mentioning waiver of
- All events which occurred prior to the actual physical confrontation should be excluded, as they do not have bearing on the elements of 2nd degree murder or self defense.
- No mention of ‘blogs’ that comment on the case or supposed ‘doxing’ or any theoretical relationship between such blogs and the defense, GZ and/or his family,
- No suggestion of GZ lying or attacking his credibility by referencing Shellie’s perjury charge
- No reference to the jail calls or any suggestion that the ‘code’ was used with the intent to hide money from the court
- No mention of Neighborhood Watch Duties as GZ wasn’t patrolling that night
- No calling GZ a murderer since that hasn’t been proven.
- No mention of GZ’s prior encounters with LE
- MOTION IN LIMINE TO PROHIBIT PREJUDICIAL TERMINOLOGY – Seeks to prevent the state from using the term “profiled” since it has the capability to prejudice the jury without providing any evidence that it is illegal. In other words, even if Zimmerman did “profile” Trayvon, he didn’t commit a crime in doing so, and so it would be unfairly prejudicial to him for the state to use that term which carries an implication that the “profiler” is doing something wrong or illegal.
- MOTION IN LIMINE TO PREVENT PREJUDICIAL MISCHARACTERIZATION OF DISPATCHER COMMENT – prevents the state or any witness from saying that George Zimmerman was told or commanded not to follow Trayvon Martin or that he was told to get back in his truck, etc. – not only because it was not a “command” from the dispatcher, but also because following Trayvon Martin was not a crime. George was simply following the dispatcher’s earlier instruction (which actually was a command) to “just let me know if this guy does anything else.”
- MOTION IN LIMINE TO PROHIBIT WITNESS SPECULATION AS TO MOTIVATION – to keep any witness and the state from offering any speculation that George Zimmerman was suspicious of Trayvon Martin because of his skin color or because of the hoodie that he was wearing. There is no evidence that suggests either of those is true, and it would be severely prejudicial to George for anyone to speculate in front of the jury that George was motivated by those factors.
- MOTION IN LIMINE TO LIMIT MISCHARACTERIZATIONS OF DEFENDANT’S ACTIONS – seeks to prohibit the state or any witness from using the terms “murdered,” “in cold blood,” “like a dog,” “hunted,” and other terms that do not reflect the facts of the case but are severely prejudicial against defendant.
- MOTION IN LIMINE TO PROHIBIT DISCUSSION OF PENDING LEGAL ACTIONS AGAINST THIRD PARTY – Seeks to prevent the state from discussing alleged crimes committed by third parties, since no such alleged crime could possibly have any bearing on the events that transpired inside the Retreat at Twin Lakes on February 26, 2012.
- No mention of GZ’s prescription drugs or theoretical side effects of those drugs.
- MOTION IN LIMINE TO REQUIRE CLEAR COMMUNICATIONS – Requires the state to ask clear and concise questions that can be answered with simple responses. Limits the compound questions that the state has shown a propensity to ask during cross-examination of defense counsel.
What are your thoughts? What motions in limine would you recommend to the Defense to file?
Any predictions on when we’ll hear from the 5th DCA about deposing Mr. Crump?