Continuation: Discussion of the George Zimmerman case

[quadraginta]

The legal justification is the motive. It is MOM's duty to investigate Martin's history in light of Zimmerman's claims. In a similar instance, would you expect your attorney to look into your attacker's background?

Just because the defense can subpoena something does not mean that it is always a course of action they should take. It is entirely possible that they might uncover something they would rather not have.

In this particular instance I did not believe there was much potential for such a downside for the defense. That's all I said.

I still don't understand why you felt the need to respond to that opinion in the fashion you did. It isn't a singularly contentious one.

 

[Unabogie]

Tentative date for the start of the trial:



http://www.washingtonpost.com/natio...c5e116-185a-11e2-a346-f24efc680b8d_story.html

I saw that. Jeralyn Merritt was saying the trial wouldn't happen for "years", so this is a good example of her not really living in reality with this case.

I say "good". Let's get this case going and we can hopefully put a child killer behind bars where he belongs.

 

[This is The End]

Tentative date for the start of the trial:

In her first hearing since taking over the case, Judge Debra S. Nelson said June 10 would be the start of George Zimmerman’s trial, though the date could change as both sides get prepared for what is expected to be a three-week trial.

http://www.washingtonpost.com/natio...c5e116-185a-11e2-a346-f24efc680b8d_story.html

This seems to have been added to that article or I missed it originally:

Zimmerman’s defense team tweeted after the hearing that they will likely ask for a “stand your ground” hearing in April or May. Under Florida law, Zimmerman can request the hearing and argue his self-defense case before the trial. If the judge were to side with Zimmerman, the murder charge would be dismissed and there would be no trial.

Well, at least they are still putting "stand your ground" in quotes like their infamous "quotes" filled press release from back in August...

I bet them continuing to use that term in relation to this case is making some posters in this thread pull their hair out.

 

[Cylinder]

I still don't understand why you felt the need to respond to that opinion in the fashion you did. It isn't a singularly contentious one.

Bah - I wasn't directing any snark your way or at least didn't intend to. Mea culpa

 

[Cylinder]

I saw that. Jeralyn Merritt was saying the trial wouldn't happen for "years", so this is a good example of her not really living in reality with this case.

I say "good". Let's get this case going and we can hopefully put a child killer behind bars where he belongs.

I didn't see the "years" quote but you might want to look at the timeline of past immunity hearings and their appeal. The immunity appeal itself would take around a year to be heard - which gets you to April/May 2014. Then you have to get the trial back on the docket which is probably another 6 months which around October 2014. So yea, two years from now is probably a reasonable timeframe. There will not be a trial in June 2013 - or really anytime in 2013 for that matter.

 

[Cylinder]

For instance, if you Google SYG appeals you see the latest rounds are all cases from 2009, so one year wait for appeal may be a bit of an optimistic timeline.

 

[WildCat]

Judge rules defense can have Martin's social media and school discipline records:

George Zimmerman's attorneys can subpoena Trayvon Martin's schools for his discipline records, a judge ruled today, but must keep anything they obtain private.

"I think that you're entitled to those records," Circuit Judge Debra Nelson said at a hearing this afternoon at the Seminole County Courthouse. The wide-ranging hearing ended about 3 p.m. after about an hour and a half of argument. Another hearing was set for next week.

The judge also granted Zimmerman's request to subpoena Trayvon's social media records, as well as those of a girl who says she was on the phone with him before the shooting.

...Citing case law, Nelson explained that, though Zimmerman didn't know anything about the 17-year-old before the Feb. 26 shooting, the school records could potentially show a history of behavior by Trayvon relevant to Zimmerman's self-defense claim.

She also ruled that the prosecution can see Zimmerman's medical records, but the judge gets to review them first to decide what is relevant.

 

[KatieG]

Judge rules defense can have Martin's social media and school discipline records:


She also ruled that the prosecution can see Zimmerman's medical records, but the judge gets to review them first to decide what is relevant.

The judge will review both the medical records and Trayvon Martin's school records. The judge has no power over the social media sites. Unlikely that FB and Twitter will give up those records willingly. They haven't in the past.

 

[Natural Born Skeptic]

The judge has no power over the social media sites. Unlikely that FB and Twitter will give up those records willingly. They haven't in the past.

I believe you are misinformed.

 

[KatieG]

I believe you are misinformed.

FB has successfully fought this sort of thing before. Twitter may be in the public domain but that doesn't mean they have to be all Sherlock Holmes and find the stuff O'Mara wants. If he wants it, he can go find it. Most competent computer people could build him a search bot.

 

[quadraginta]

FB has successfully fought this sort of thing before. Twitter may be in the public domain but that doesn't mean they have to be all Sherlock Holmes and find the stuff O'Mara wants. If he wants it, he can go find it. Most competent computer people could build him a search bot.

And other times they don't.

 

[This is The End]

The Z defense team literally calls upon the pro-Z internet users for help:

http://www.orlandosentinel.com/news...man-fights-gag-order-20121023,0,7455837.story

George Zimmerman's defense team today asked supporters to point out the most objectionable things they've said and written so they can prepare for a gag order hearing Friday in Sanford.

Today, the Zimmerman defense's website posted a new notice: It urged Zimmerman supporters "to scour the web, and strange as it may sound, send us links to the most potentially questionable statements we have made during this process.

The prosecutions' stance:

De la Rionda has asked Circuit Judge Debra S. Nelson to bar attorneys from commenting publicly about the case. His clear intent is to silence defense attorney Mark O'Mara, who has set up a webpage about the case and writes occasional blog posts, has posted comments to Facebook and Twitter and sometimes holds news conferences.

De la Rionda alleges that O'Mara is trying to taint the jury pool.

 

[This is The End]

In news that isn't news news:

(I'm quite sure we knew months ago that several of the cops would be testifying for the defense. For various reasons.)

George Zimmerman's lawyers Wednesday notified prosecutors that their witness list now includes a who's who of the Sanford Police Department's chain of command at the time of Trayvon Martin's death, including the police chief, major crimes captain, sergeant and case detectives.

It is an unusual defense strategy. Police officers typically testify for the state, explaining how they gathered the evidence that led to charges. In this case, it suggests that Zimmerman's attorneys believe the testimony of Sanford officers will help — not hurt — their client.

(Also, this was also telegraphed 2 weeks ago when they announced they were deposing 8 cops):

http://articles.orlandosentinel.com..._sanford-cops-trayvon-martin-george-zimmerman

Defense attorney Mark O'Mara plans to depose eight Sanford cops and four Sanford fire-rescuers next week as George Zimmerman's team moves predictably into the next phase of its work, getting sworn statements from witnesses and pressing them with questions about what they saw, what they did and why they did it.

 

[This is The End]

The Z defense team literally calls upon the pro-Z internet users for help:

Judge won't rule on the gag order until Monday. That at least tells us that the judge is considering it.

After more than two hours of argument, the judge in the second-degree murder case against George Zimmerman said she will not rule today on the state's request for a gag order.

Circuit Judge Debra Nelson said she hopes to rule by Monday. The hearing began just after 1:30 p.m., and the gag order was the primary issue at hand.

Date set for the "Stand Your Ground" hearing:

However, near the end of the hearing, the judge and lawyers agreed to put another high profile issue on their calendars: Zimmerman's "stand your ground" hearing, where he will ask to have the case thrown out, was set for 45 days before the June 10 trial.

Pretty funny how even the Orlando Sentinel remembers to put SYG in "quotes"....

All from:

http://www.orlandosentinel.com/news...-zimmerman-gag-order-20121026,0,1541759.story

 

[Cylinder]

A variety of ruling from Friday's hearing:

The court denied the state's motion for a gag order. Judge Nelson failed to find any evidence of an overriding pattern of prejudicial statements from parties to the the case. She dismissed the motion without prejudice - meaning the state can make another motion with a new set of facts.

The court denied the state's request to see Zimmerman's complete medical file. Discovery will be limited to the injuries sustained on Feb. 26 and subsequent treatment.

The court set Zimmerman's immunity hearing on or before April 26, 2013.

 

[This is The End]

The court denied the state's request to see Zimmerman's complete medical file. Discovery will be limited to the injuries sustained on Feb. 26 and subsequent treatment.

Surely they are allowed to bring up the medications Z was on at the time. I could see prescriptions he had in the past being off limits, but current (Feb. 26) ones should be allowed.

 

[Cylinder]

Surely they are allowed to bring up the medications Z was on at the time. I could see prescriptions he had in the past being off limits, but current (Feb. 26) ones should be allowed.

Yea, my language wasn;t accurate there. The state is limited to seeing only records that affected the night of the incident - not past history of unrelated treatment.

 

[This is The End]

Yea, my language wasn;t accurate there. The state is limited to seeing only records that affected the night of the incident - not past history of unrelated treatment.

Yeah that seems fair.

If only the same treatment was given to M's school records.

If M's old school history is allowed to see if M might have attacked Z first (like the Defense claims) then I don't see why Z's old medical history should not be allowed to see if Z might have attacked M first (like the Prosecuation claims)...

 

[Cylinder]

If you read the order it reads like there were no active prescriptions for the night of the shooting. That is, there really not mentioned at all in the order.

 

[This is The End]

If you read the order it reads like there were no active prescriptions for the night of the shooting. That is, there really not mentioned at all in the order.

As far as we know from the older thread Z was on Aderall and Temazepam on the night in question, Feb. 26. We also know he was not given a blood test for drugs or alcohol AFAIR.

Without testing, we can't know which (if any) of his prescriptions was influencing him; the Temazepam (treating the anxiety) or the Aderall (causing it, and which may be which he needed the Temazepam)

What is the source of these prescriptions ?

Those are from the SFD Rescue report, which are the last 2 pages of the discovery packet. They're also referenced in Zimmerman's medical report the following day.