TheL8Elvis
Philosopher
- Joined
- May 17, 2011
- Messages
- 8,276
So no immunity hearing? O'Mara claims he's still waiting for Judge Nelson to rule on "combining" the hearing with the trial, but from I understand, Florida law says the immunity hearing has to happen no less than 45 days before trial, which is why she reserved April for it. Also, there's two evidentiary standards for the trial and the hearing. In the hearing, the onus is on the defense to prove self-defense, so the defendant usually has to testify. While in the trial, the onus is on the state. I don't see how you can combine these without creating a basis for appeal, since one of those standards will be violated.
So in effect, the defense has waived the immunity hearing but is working to obscure that fact for public consumption. This isn't too surprising, though, since I don't think anyone here thinks George would have won immunity, correct?
Not a clue if they can be combined, but I don't think GZ would have won an immunity hearing, mostly because I don't think there is enough evidence for either side to effectively prove their case.