Trayvon Martin, Vigilante Justice

[Cylinder]

Corey has record of threatening critics

Last December when I wrote a column critical of how she handled the Cristian Fernandez case, she fired off a two-page, single-spaced letter on official state attorney letterhead hinting at lawsuits for libel...

Earlier, [former ABA President] D'Alemberte had criticized Corey in the Fernandez case. The reaction then: A public records request from her office to FSU seeking all emails, text messages and phone messages involving D'Alemberte related to Fernandez...

When David Utter of the Southern Poverty Law Center was on Melissa Ross's radio program and had the audacity to say that Fernandez should be in the juvenile system instead of adult court, that prompted a 20-minute scream-fest from Corey in a call to the center's director.

The article documents other allegations as well.

 

[crimresearch]

Well, she is on Pink Slip Rick's team, so obviously criticisms must be stifled.

 

[Cylinder]

Well, she is on Pink Slip Rick's team, so obviously criticisms must be stifled.

A real peice of work...

It's probably unfair to mount 4th and 5th Admendment critiques of Corey's work, since she's obviously still working on the 1st.

 

[Cylinder]

Yeah. That's not going to happen. You can take it to the bank.

There will be no SYG immunity hearing.

O'Mara will file a motion to dismiss claiming statutory immunity - it would be irresponsible not to.

 

[BenBurch]

This is hilariousl

 

[Rare Truth]

O'Mara will file a motion to dismiss claiming statutory immunity - it would be irresponsible not to.

There will be no SYG hearing before the judge to get his case thrown out.

Sig line for a month bet - if you're game.

 

[Cylinder]

There will be no SYG hearing before the judge to get his case thrown out.

Sig line for a month bet - if you're game.

Sure - provided that the wager is voided if the prosecution is abandoned for some other reason. I'm claiming that there will be a motion to dismiss claiming statutory immunity before the trial phase.

 

[Rare Truth]

Sure - provided that the wager is voided if the prosecution is abandoned for some other reason. I'm claiming that there will be a motion to dismiss claiming statutory immunity before the trial phase.

"if the prosecution is abandoned for some other reason."

If the prosecution is abandoned for some other reason it would make the whole case moot, wouldn't it?

I am saying as the case progresses, as it is intended to, no pre-trial immunity SYG hearing before the judge to get his case thrown out.

You wear the sig-line of my choosing for a month if I am right.

Likewise, if I am wrong, I will wear the sig-line of your choosing for a month.

Deal.

 

[TheL8Elvis]

O'Mara will file a motion to dismiss claiming statutory immunity - it would be irresponsible not to.

I would imagine MO'M would file a motion for SYG, because there does not appear to be an overpowering reason not to.

If it fails, it doesn't count against him.

He gets to see how the state intends to proceed.'

If he wins, he staves off the inevitable civil suit(s).

How is it a bad move for him ?

 

[Rare Truth]

...
How is it a bad move for him ?

Extraordinarily risky. In the SYG hearing, Z would necessarily have to take the witness stand. If he loses his appeal to the judge, what he says on the stand can be used against him at trial and expose those statements to the jurors.

There is no way O'Mara will do this because Z is WAYYYYY too much a loose cannon. I said this over 6 weeks ago. I predicted it then, and I am even more confident now.

Post 8334

27th April 2012, 10:01 PM :

Originally Posted by Rare Truth
I'm going to make a prediction now and say O'Mara is not going to go the SYG route.

GZ is way too much of a loose cannon.

All those inconsistencies with the evidence the state talked about as well will be hammered but good.

Nope. No SYG defense. This is going to trial. You heard it here first.

 

[LTC8K6]

IIRC, O'mara has said GZ's statements are exculpatory.

 

[Dan O.]

if a strange guy comes up to me as I am walking to a friend's house, asks me what I am doing here and pulls a gun, am I not allowed to battle the guy for the gun? What sort of identification would he have to provide to prevent me from arguing self-defense?

You already said that he showed his identification (highlighted above). Are you going to argue with that?


But really, under the Florida statutes:

776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force.​

there is no explicit exception for police officers in this situation so the identification would only apply to dispelling the reasonable belief that the brandishing of the weapon foretold the "imminent use of unlawful force."


I don't believe that Trayvon was ever aware of the gun until the moment he was shot. From the moment George hit the ground, he was in the inferior position in this fight. If Trayvon knew of the gun, he could have easily pummeled George into unconsciousness and then just taken it. George could only access the gun himself because Trayvon had stopped the fight and was getting off.

 

[Rare Truth]

IIRC, O'mara has said GZ's statements are exculpatory.

Of course he said that. What else is he going to say? lol.

Even Judge Lester told him he was going to say that before O'Mara had even seen them.

 

[GWCarver]

I'm not sure why you're insist on turning this into a scavenger hunt instead of just actually supporting your claims.

But since you refuse to support your claim that somehow due process is being subverted, I'll assume you can't support it and just made it up.



No, the reason I wouldn't concede that Zimmerman is getting a raw deal is because I don't think he is.

As myself and Unabogie have both pointed out several times, the wheels of justice are turning exactly as they should.

Zimmerman is being afforded every right due a person accused of a crime, and will have his day in court to plead his case.

Your vague allegations to the contrary don't change that.

Here is the entry I started with. Actually, I apologize for asking certain posters to review my recent posts, because when I clicked on my own handle and tried it, only posts through May showed up and they were in a format that made it difficult to figure out the subject.

__________________

Remember the first hearing, when Judge Herr thanked O'Mara for his ad-hoc appearance on the spur of the moment, and was so unfamiliar with the case that he didn't recognize Zimmerman, who was standing right next to O'Mara?

Here is a quote by Judge Herr from that brief hearing:

"I will also say, for the record, I just received here moments ago a two page affidavit signed by Investigators Gilbreath and O'Steen to stand for probable cause with a filing of an Information on this matter."

He goes on to say after reviewing the probable cause affidavit (the one he had received "moments ago"), he found there was probable cause supporting the Information that he had received the previous day.

That travesty of justice is, in Florida, a legal substitution for a Grand Jury or preliminary hearing.

__________________

When you add in Corey's assertion that she doesn't have to place exculpatory information into the probable cause affidavit as long as she later provides it to the defense in discovery, even if the judge reviewed it closely it wouldn't matter because it only contains inculpatory information. That means the path that took the place of a Grand Jury or preliminary hearing in this case is simply a rubber stamp of Corey's paperwork.

Corey is an elected prosecutor who received this case directly from another elected official, the Governor. It was the direct result of an explosive political situation brewing in Florida. Corey had the power to cancel the pending Grand Jury for Zimmerman and replace it with a rubber stamp, and she did so. That means the minute the Governor handed Corey the case, Zimmerman was going to be charged with murder 2, there was no way to stop it, and no judge was going to look at the exculpatory evidence along the way.

I just realized that is why there are those who are saying Zimmerman is a political prisoner. I wouldn't go that far, but if the Governor of Florida wishes to indict a political enemy, he has the resources and the power to do it.

Anyway, that is why I say in this case, there is a big problem with due process in Florida.

 

[TheL8Elvis]

Extraordinarily risky. In the SYG hearing, Z would necessarily have to take the witness stand. If he loses his appeal to the judge, what he says on the stand can be used against him at trial and expose those statements to the jurors.

There is no way O'Mara will do this because Z is WAYYYYY too much a loose cannon. I said this over 6 weeks ago. I predicted it then, and I am even more confident now.

Post 8334 [qimg]http://www.internationalskeptics.com/forums/helloworld2/statusicon/post_old.gif[/qimg] 27th April 2012, 10:01 PM :

He spoke to the police without an attorney at least 3 times and did a walk through. The police grilled him and tried to trip him up already according to sources. How bad can it really be to put him on the stand?

 

[Unabogie]

He spoke to the police without an attorney at least 3 times and did a walk through. The police grilled him and tried to trip him up already according to sources. How bad can it really be to put him on the stand?

Even honest people who talk to the police three times can be demolished by a skilled lawyer. George isn't exactly smart, nor is he especially honest.

It's also possible that at that time, police were generally buying his account and it wasn't until later that the inconsistencies became apparent.

Either way, there's a reason why the defense almost NEVER wants their guy on the stand.

 

[Unabogie]

Here is the entry I started with. Actually, I apologize for asking certain posters to review my recent posts, because when I clicked on my own handle and tried it, only posts through May showed up and they were in a format that made it difficult to figure out the subject.

__________________

Remember the first hearing, when Judge Herr thanked O'Mara for his ad-hoc appearance on the spur of the moment, and was so unfamiliar with the case that he didn't recognize Zimmerman, who was standing right next to O'Mara?

Here is a quote by Judge Herr from that brief hearing:

"I will also say, for the record, I just received here moments ago a two page affidavit signed by Investigators Gilbreath and O'Steen to stand for probable cause with a filing of an Information on this matter."

He goes on to say after reviewing the probable cause affidavit (the one he had received "moments ago"), he found there was probable cause supporting the Information that he had received the previous day.

That travesty of justice is, in Florida, a legal substitution for a Grand Jury or preliminary hearing.

__________________

When you add in Corey's assertion that she doesn't have to place exculpatory information into the probable cause affidavit as long as she later provides it to the defense in discovery, even if the judge reviewed it closely it wouldn't matter because it only contains inculpatory information. That means the path that took the place of a Grand Jury or preliminary hearing in this case is simply a rubber stamp of Corey's paperwork.

Corey is an elected prosecutor who received this case directly from another elected official, the Governor. It was the direct result of an explosive political situation brewing in Florida. Corey had the power to cancel the pending Grand Jury for Zimmerman and replace it with a rubber stamp, and she did so. That means the minute the Governor handed Corey the case, Zimmerman was going to be charged with murder 2, there was no way to stop it, and no judge was going to look at the exculpatory evidence along the way.

I just realized that is why there are those who are saying Zimmerman is a political prisoner. I wouldn't go that far, but if the Governor of Florida wishes to indict a political enemy, he has the resources and the power to do it.

Anyway, that is why I say in this case, there is a big problem with due process in Florida.

Is it your understanding that judges get indictments far ahead of time and review them for exculpatory evidence in other jurisdictions? Because I've never heard of anything like that.

And there's a reason why they say you can indict a ham sandwich. The state never presents exculpatory evidence except (hopefully and rightfully) to the defense. But not at the PC hearing. In fact, early on I posted links to the term "in the light most favorable to the state". That means that in most courtrooms, the judge is required to accept the state's evidence as if it were true. That's what probably cause hearings are for. Later, the defense gets to refute that evidence, but not at the PC hearing. You notice that the judge didn't let O'Mara present any sort of a full case, right? That's just the way it works. Defendants have to do their work at the actual trial.

 

[TheL8Elvis]

Even honest people who talk to the police three times can be demolished by a skilled lawyer.George isn't exactly smart, nor is he especially honest.
It's also possible that at that time, police were generally buying his account and it wasn't until later that the inconsistencies became apparent.

Either way, there's a reason why the defense almost NEVER wants their guy on the stand.

I can't disagree with what you post too much. There are many factors I don't have enough insight into to adequately judge the situation, such as:
is de la rionda such a skilled attorney ?
if zimmerman that incompetent ?
how much is immunity from civil suits worth ?
etc.

 

[LTC8K6]

Orlando man given George Zimmerman’s cell number, gets death threats

http://news.yahoo.com/blogs/lookout...rge-zimmerman-cell-number-gets-131000364.html

 

[Unabogie]

I can't disagree with what you post too much. There are many factors I don't have enough insight into to adequately judge the situation, such as:
is de la rionda such a skilled attorney ?
if zimmerman that incompetent ?
how much is immunity from civil suits worth ?
etc.

George is worse than a dumb guy. Based on his little caper with the bond money, his online sites, and his history ("I beat the rap!") I think he's a dumb guy who thinks he's smart. Just the kind of guy who thinks he's got you played for a sucker. I don't think it's going to work this time.