The state of FL v. George Zimmerman

[WildCat]

Lol, the lights just went off in the courtroom. Automatic at a certain time apparently.

They got them back on now.

 

[TheL8Elvis]

forensics expert, Richard D. Connor Jr was to explain how to access phone to proffer certain text messages regarding fighting, facebook post of someone asking him when TM was going to teach him to fight.

Wants expert to testify because texts and facebook post required additional password, so that additional password should serve as authentication that those were in fact TMs texts/posts.

Also texts about purchasing a gun, picture of gun. Those were not protected, so not sure how those are authenticated.

This is a paraphrase of what West was saying, so may be off in details.

Mr Connor is called to give 'limited proffer'. I think he just needs explain how evidence was acquired.

ETA: West is doing examination, is he ever brief ?

 

[KatieG]

Defense is about to find themselves in a world of hurt...Possible violation of sequestration and failure to disclose.

 

[TheL8Elvis]

Defense is about to find themselves in a world of hurt...Possible violation of sequestration and failure to disclose.

For what ? Tomorrow morning at 8:00 AM is hearing for Donnelly. ETA: is that what you mean by about to ? Tomorrow morning ?

What does world of hurt mean ? What do you anticipate the penalty might be ?

 

[Natural Born Skeptic]

...certain text messages regarding fighting, facebook post of someone asking him when TM was going to teach him to fight.

Also texts about purchasing a gun, picture of gun.

Any guess on whether those will be let in? Didn't the judge already say no to those? I think the state has already lost, at least on murder 2, but if they let those in it seems even more lost. (and before someone starts to argue about what those prove I didn't say they prove anything, but they will certainly affect a jury)

 

[Natural Born Skeptic]

Defense is about to find themselves in a world of hurt...Possible violation of sequestration and failure to disclose.

From the legal analysis I saw it's more like they are going to find themselves in a world of ouch. Not good for them by any means, but probably not a big impact. The witnesses testimony could be thrown out.

I'm still amazed it happened and would love to know how. Surely the witness knew this is the most televised TV case in years so I'm at a loss to how he could think he could do it and get away with it (option 1), I'm equally at a loss to how he could not know he was not supposed to do that (option 2).

 

[Natural Born Skeptic]

WOW! TM was using an Android app to hide text messages. I say wow, only because that's a smart kid. And it would have been easy for someone to miss that, this expert caught it.

 

[TheL8Elvis]

WOW! TM was using an Android app to hide text messages. I say wow, only because that's a smart kid. And it would have been easy for someone to miss that, this expert caught it.

https://play.google.com/store/apps/details?id=com.netqin.ps&hl=en

One example from the play store, exactly for hiding texts, pics, and FB posts.

I think West is offering that second password authenticates creator of messages as TM.

At this point, still not heard arguments to allow these texts in.

 

[PhantomWolf]

From the legal analysis I saw it's more like they are going to find themselves in a world of ouch. Not good for them by any means, but probably not a big impact. The witnesses testimony could be thrown out.

I doubt it would have any impact even if the whole testimony was wiped, Donnelly didn't testify to anything that hadn't already been testified too, he was pretty much more of the same. The only possible benefit really was that he may have been able to claim a unique perspective to identify the screams on the tape, but in reality even that is dubious.

 

[Natural Born Skeptic]

https://play.google.com/store/apps/details?id=com.netqin.ps&hl=en

One example from the play store, exactly for hiding texts, pics, and FB posts.

I think West is offering that second password authenticates creator of messages as TM.

At this point, still not heard arguments to allow these texts in.

Ya, there are a lot of these apps out there. Especially popular among cheaters. So I am told!

Some choice tidbits being read now:

"Why you always fighting"

"cuz man dat "N" snitched on me."

And references to him getting suspended and warning him he is going to get suspended again for more fighting.

Now there is an interesting exchange where TM typed something that meant "bleed" but type "beed" or something like that, and they are trying to stop them from saying what they think he meant to text.

 

[Natural Born Skeptic]

I have to say, it is pretty funny seeing these middle aged white guys reading back teen slang.

 

[Natural Born Skeptic]

This expert who got the messages off the phone is an EXCELLENT witness, the OPPOSITE of the animation expert. He's very good on the stand.

 

[TheL8Elvis]

Connor states gun pictures hidden by different app than text messages.

Mr. Connor excused. Don West has additional evidence to proffer.

West says in April RJ deposition, she acknowledges TM told her he was in a fight, that he new how to fight. This is for purposed to allow Mr. Connor to testify about texts. Admitted.

Don West now arguing as to why texts should be allowed in.

Aside: GZ curfew (10:00) extended to 30 minutes past end of court, as this may be going all night ... Don West does not know the meaning of the word briefly :-O

 

[Freddy]

I doubt it would have any impact even if the whole testimony was wiped, Donnelly didn't testify to anything that hadn't already been testified too, he was pretty much more of the same. The only possible benefit really was that he may have been able to claim a unique perspective to identify the screams on the tape, but in reality even that is dubious.

It isn't just the content of the testimony. He was a very good witness for the defense. He handled questions well, and he came across as credible and likable. Striking his testimony will not remove that impression from the jurors' minds, though I do think the jurors will do their conscientious best to abide by whatever instructions they are given.

(For the record, I'm also skeptical that having heard many screams of mortal terror gives one a significantly enhanced ability to identify a person's voice from an out of context recording of a scream. Not that it sounds totally implausible, but things that are not true can sound plausible at first blush.)

 

[TheL8Elvis]

Judge Nelson is not agreeing the texts/pics are authenticated as being sent from TM.

Judge Nelson calls recess.

Don West super angry.

This case is rolling along at super pace. It is ...something.

 

[Natural Born Skeptic]

Judge Nelson is not agreeing the texts/pics are authenticated as being sent from TM.

Judge Nelson calls recess.

Don West super angry.

This case is rolling along at super pace. It is ...something.

Maybe that wasn't really TM on the phone that night. It was someone impersonating him to DeeDee. Now it all make sense.

 

[Cylinder]

Well...that was dramatic.

 

[Newtons Bit]

Judge Nelson is not agreeing the texts/pics are authenticated as being sent from TM.

Judge Nelson calls recess.

Don West super angry.

This case is rolling along at super pace. It is ...something.

Did she say what standard should be applied to determine authenticity?

 

[Cylinder]

Did she say what standard should be applied to determine authenticity?

Nelson never articulated the standard. She opined that the associated phone number was not enough authentication. The authentication is, as West showed, the levels of password, his association with the number that has already been established and the fact that the police seized the phone from Martin's person. The government routinely uses this (or less) authentication against defendants. In those cases, the authentication becomes a matter of fact that is left for the jury to weigh.

 

[Giz]

The government routinely uses this (or less) authentication against defendants.

Which makes this ruling incredibly odd. Has she just given grounds for an appeal in ther, unlikely, event of a guilty verdict?