As to Paragraph 2 of the Motion, while the agreement may have suggested that the subject matter remain confidential, such a con fidentiality agreement does not and cannot bind this Court, nor does it hind the State Attorney's Office from following its rule regarding required disclosures, nor can it negatively impact on a criminal defendant‘s rights to discovery. To give such a contention any weight would suggest that information might be held confidential from all court proceedings — be them criminal or civil in nature — simply by the entry of a private confidentiality agreement. The results of such an illogical extension would gut all discovery rules, leaving the spoils of litigation to the party with the greater amount of confidentiality agreements, rather than the party who should prevail after full and frank discovery.
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As to Paragraph 4 of the Motion, counsel for Ms. Fulton and Mr. Martin once again suggests to this Court that in order to apply Mr. Zimmermaris 6th Amendment rights to confrontation, it must conclude that Ms. Fulton and Ms. Martin encouraged or created the circumstances that gave rise to the killing of Trayvon Martin, or that they would have to have been present during this event. Such a suggestion is without support in law or common sense. The question only revolves around What Ms. Fulton and Mr. Martin said or did which may affect their bias. As stated in the Motion to Unseal. during the time when this lawsuit was contemplated, Mr. Martin changed his position concerning a wholly significant fact in this case, whether or not it was his son's voice on the recording. Such a fact is utterly significant to this criminal case, and the benefits that Ms. Fulton and Mr. Martin received based upon that
reinterpretation of the facts is just as significant.
As to Paragraph 5 of the Motion, once again counsel for Ms. Fulton and Mr. Martin suggests that a foundational question for this Court is whether or not these parents encouraged that their son be killed for financial gain. Again, this is an outrageously inflammatory and niisdirecting contention, and not a relevant consideration for this Court.