Posted on 07/02/2013 5:03:42 PM PDT by Obama_Is_Sabotaging_America
Can any legal minded FReepers answer this question?
I'm thinking that if the Judge allows the Prosecution to present evidence regarding Zimmerman's school history such as classes taken, etc., then wouldn't she then be compelled to allow the Defense to present Trayvon's school history, to include suspensions, etc?
If the Prosecution seeks to paint Zimmerman as 'wanna be cop' then so too shouldn't the Defense be allowed to present Trayvon as a hostile street thug?
I don’t see how presenting him as a “wannabe cop” will do him any harm. He already confess to being a neighborhood watcher.
I think tray’s school record is protected under some kind of privacy rules/laws.
Sounds good to me but there is a lot of racial politicing going on in Florida courts. However, it would seem to be a logical Defense request to present similar information on Martin if the Prosecutor tries to enter it for Zimmerman
I’m waiting for the Prosecution or one of their witnesses to “open the door” to Martin’s past. Once opened, it cannot be closed. However, if the judge were to do that, it would be grounds for a mistrial.
It depends on the purpose for which the evidence is proffered.
They would be different.
I disagree. It depends on the context and for what reason it is being offered - what are they attempting to substantiate or corroborate? Offering evidence of Trayvon’s past would be the same as offering evidence of a rape victim’s past. I disagree with it in either case. What I believe happened that night is irrelevant to maintaining the integrity of our criminal justice system.
FWIW - it wont be needed. Don West is doing a slam dunk job and the prosecution team look like bumbling idiots in the eyes of the jury.
The state is being allowed a narrow view into Zimmerman's schooling, his education on self defense law, and on criminal investigation. Supposedly, this ties in to him being a liar for telling Hannity that he (Zimmerman) didn't know Florida's SYG law.
Martin's schooling has no similar relevance to the defense theory of the case.
The good news is that Martin's reputation as a fighter, assuming such a reputation exists, can come in on the defense's volition. So can Rachael's testimony that Martin was in a foul mood on February 26th, 2012. Nothing the state does or doesn't do precludes the defense from dragging those parts of Martin into the sunlight.
There have been articles written about Martin’s behavior problems in both school and with the law. While his juvenile court record might be sealed, there could be newspaper articles that refer to his actions.
Whether they could be brought up or entered into evidence (it being close to hearsay unless the writer actually saw the court records, school records), is another question.
This judge is 100% in the prosecution’s corner. That considered, I believe she will do all she can to assure Zimmerman is convicted.
I cannot believe how stupid this whole trial is. If Zimmerman’s father had been the one who was hispanic and George had a hispanic last name like Rodriguez or Morales or Gonzalez, no charges would have ever been filed against him.
This is even worse than the Lacrosse team trial. Someone needs to go to prison over it, but not Zimmerman.
“I’m thinking that if the Judge allows the Prosecution to present evidence regarding Zimmerman’s school history such as classes taken, etc., then wouldn’t she then be compelled to allow the Defense to present Trayvon’s school history, to include suspensions, etc?”
I beleive the judge already ruled on this.
Court procedure is much different than common sense.
It depends on whether the prosecution wants to open this door of opportunity or not ~ once opened , you cant close it.
An example is the prosecutions witness , the police officer’s testimony that he believed that
George Zimmerman statements were honest and accurate.
At prosecution’s objection , the judge told the jury to ignore the police officers opinion that George’s statements were true.
But that remark , just got reinforced in the jury’s mind .
The door had already been opened !
I think the jury got the message that he's a punk from Jenteal's testimony and the witnesses who saw him smashing GZ on the walk.
Wendy Dorival, former coordinator of the Sanford Police Department's neighborhood watch program, asked Zimmerman to become a "citizens on patrol" volunteer, but he declined the offer.
http://legalinsurrection.com/2013/06/zimmerman-trial-day-2-analysis-of-states-witnesses/
"'Citizens on Patrol' is a program in which the Sanford Police Department would provide Zimmerman with a civilianized patrol car and a uniform of sorts, and provide additional training that would allow him to effectively conduct patrols of his neighborhood. In contrast, the Neighborhood Watch Program was far less pro-active, involving only observation and reporting.Surely the Zimmerman described by the State as a 'wannabe cop' seeking to 'take the law into his own hands' and 'profile' and 'chase' unfamiliar black boys would fairly leap at such an opportunity. It was as close to being a police officer as Zimmerman was ever likely to get, the chance of a life time.
Zimmerman declined the opportunity.
This did not, however, spoil Dorival’s respect for Zimmerman. When asked by West if there was anything about Zimmerman’s demeanor that 'raised any red flags for her, she answered in the negative. George, she said, struck her as very professional, perhaps a little meek, but a man who was really committed to making his community better."
http://abclocal.go.com/kgo/story?section=news/national_world&id=9151734
But Dorival said she was impressed with Zimmerman's professionalism and dedication to his community and asked him to join another program, Citizens on Patrol, which trained residents to patrol their neighborhoods. He declined.
If they can paint him as a "wanna be" they can claim that he had a "shoot them all and let God sort them out" attitude.You can be sure that such a claim will be greeted with wild cheers among the nation's gangsta punk community and will strike fear in the hearts of the jurors because they'll know the hidden message in that claim.
There is no way any newspaper articles (or other articles) could be entered as evidence. Among other reasons they’d never get in, they are hearsay, regardless of whether the author saw the records.
Not relevant. GZ’s schooling is relevant to counter his claim that he was ignorant of the stand your ground law. TM’s is not relevant because GZ was ignorant of it at the time of the shooting. Had GZ known about it, then it would go to his state of mind and whether he feared for his life/safety. I’m watching this trial and I think the judge is handling everything by the book.
Wait till some witness says “I read about his bad behavior in the newspaper”. While the judge will throw out the testimony (from the record), what has been heard cannot be unheard. Just human nature.
A real touchy subject but if someone screws up, it could get in the backdoor. There are ways to make that happen - you just have to be a good attorney who is always looking for that opportunity (and know when you can enter that door).
Once you are dead - you have no privacy
Not that the know nothing judge agress
I am hoping that the judges style is such, that she is an advocate of allowing each side to present their cases fully and with minimal interference. We will see soon, if she allows the defense as much leeway as she has the prosecution. Then we will know.
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