Skip to comments.Ken Lester named new judge in Zimmerman murder case
Posted on 04/18/2012 3:06:01 PM PDT by Aunt Polgara
SANFORD Circuit Judge Kenneth Lester, Jr., who's been on the bench 15 years and has a great deal of experience with high-profile murder cases, on Wednesday was assigned the George Zimmerman murder case.
It was originally given to Circuit Judge Jessica Recksiedler, but she recused herself Wednesday after Zimmerman's attorney asked her to step aside because of a possible conflict of interest: Her husband is the law partner of Mark NeJame, who's been hired to comment on the case for CNN.
(Excerpt) Read more at articles.orlandosentinel.com ...
Are judges afraid?
Why, What? I’m sorry to be dense, but I don’t understand what you mean by “Why?”
To your second question, wouldn’t you be afraid?
Gee, no bias there.....
Why are there new judges?
The conflict of interest seemed minimal to none for the first judge.
The second and their declined.
The MSM just can't help themselves libeling Zimmerman.
If the evidence demonstrates that Zimmerman shot Martin while Martin was on top of him pummeling him, and not "walking through the neighborhood" then you can add the Orlando Sentinel to the list of media organizations exposed to damages from defamation.
As for the second judge, there is more than enough evidence of possible bias:
>>All criminal cases in Seminole County are assigned by chance, based on a rotation system. Next up in that rotation was Circuit Judge John Galluzzo. He, though, could not accept the case because he formerly practiced law with Zimmerman's attorney, Mark O’Mara.
O’Mara is also the godfather of one of Galluzzo’s four children.<<
I think her attorney husband works with one of the defense consultants or TV analysts assigned to the case.
Anyone know anything about this judge?
Perhaps there are some clues in the article.
He sounds good; I’m cautiously optimistic. He graduated from Boone too, where hubby went :)
But...he’s a Gator. alas...
At least he doesn’t seem easily intimidated.
Someone has to be........
agree. sounds like he ‘could’ rule by the law! go figure.
is he the one that hears evidence about stand your ground too?
The judge's daughter, Alexandra Lester, 26, a member of the Florida Bar, said she has never saw (sic)her father agonize over a ruling.
"He basically told me it should not be hard to make the right decision if you follow the law," she said.
He will be the one who decides the motion for grant of immunity. There is no "duty to retreat" element in this case, by either side.
Go Noles! :)
“Why? Are judges afraid?”
Good point. Just in this story, they posted everything short of his street address.
the grant of immunity is for the SYG statute where Z can claim his innocence based on that law, correct?
If so, and the judge denies his claim, will they then go to a regular trial and he’ll be the same judge?
Will he do what the race baiters want, and hang the "white hispanic"? Or will he do like his daughter said, and decide his responsibilities in this case based on the law?
I’d say a family with three lawyers will follow the law....not interpret the law to their liking.
re: Gators Someone has to be........ Go Canes!
Go Noles! !
1. The attorney for Zimmerman asked for the first Judge to recuse herself, so clearly Zimmerman’s side thought the conflict was great enough. Thus if she had not you would probably be on here unhappy and say Zimmerman was being railroaded.
2. The second the conflict seemed even bigger to me. Godfather of the defense attorney’s kids is pretty big conflict wouldn’t you say?
So it goes to the third judge in the rotation.
Yet Kegan would not recuse.
One of the better junior high school football teams in NW Florida.
Most FSU graduates really enjoy the 6 or 7 years they spend in Tallahassee getting their bachelors degree.
FSU is all but merged with A&M so as to improve the Noles incoming SAT average....
(Please do not bomb my house.... I’m from UM in the 60s; the best college football team money could buy!
The grant of immunity is under a statute titled "Immunity from criminal prosecution and civil action for justifiable use of force." (F.S. 776.041). That statute, in turn, refers to F.S. 776.012, "[Justifiable] Use of force in defense of person."
776.012 includes a recitation that a person has no duty to retreat, but under Zimmerman's account, he is physically restrained so can't be held to that duty.
-- If so, and the judge denies his claim, will they then go to a regular trial and he'll be the same judge? --
Yes, and yes.
Galluzo has no conflict??
Have heard all of those about KENTUCKY basketball, (and U of L) plus a few more.
>>Galluzo has no conflict??<<
Yes, that’s why he recused himself without waiting for a motion from one of the attorneys.
Now...ahem...where is it you live!?
I’m in WP by the way. I think you’re pretty close by. I don’t take much offense to nole jokes; I went to Rollins!
I don’t think anybody can come along and overturn Kegan’s finding. We just have to trust her.
All the more reason to recuse
We just have to trust her.
Not one bit.
Is Judge Ito still on the bench? lol...well, it’s not in his jurisdiction anyway. Thankfully. The last thing we need is a grandstanding judge.
Thanks very much for the information.
Judges deal with gang members who hate their guts all the time. They are not fearful people or they would not be judges. If anyone dares threaten a judge, that will be a huge problem for them.
The racists can threaten a regular citizen as long as he is a white hispanic guy, but not the “important” people of life. Black racists know this.
I think the prosecutor over charged Zimmerman to soothe the savage beast but in over charging him with the most flimsy excuse she could write up, the judge will probably dismiss the case. Black leaders will call for the end of self defense as retribution for the death of the skittles boy. They will also try to ram through anything they want in the name of ending “racial profiling” like enforcing immigration and voter id laws. They will start race baiting for prision race quotas (make it racist to sentence blacks to prision.)
The anti-white male witch hunt has not worked out for liberals as well has they had hoped. They have made lying donkeys of themselves. It’s like fast and furious did not work out so well for the fascists when Holder got caught being the Mexican gun runner as he was planning to blame it on gun store sellers to justify cracking down on and controling gun sales through national registration.
If only they had explained “why” earlier in the article. Indeed, they didn’t get to the explanation until all the way to the third sentence.
If there were only some way to find out if there was more about the judge in that article than just that short excerpt.
You could always google the judge’s name. :-)
>>I think the prosecutor over charged Zimmerman to soothe the savage beast but in over charging him with the most flimsy excuse she could write up, the judge will probably dismiss the case. <<
You have a lot more faith in human nature than I do.
And then there's the Judge. Concealed beneath the robes. It takes the worry out of being close (to a gang banger):
The 2011 Florida Statutes
Chapter 776 JUSTIFIABLE USE OF FORCE
776.032 Immunity from criminal prosecution and civil action for justifiable use of force. (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer.
As used in this subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorneys fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Heheh - oops. Thank you for correcting my cite.
"Immunity from criminal prosecution and civil action for justifiable use of force" is Florida Statutes 776.032. It, 776.012, and 776.041, are all part of Chapter 776, which is "Justifiable Use of Force." Much, but not all, of that Chapter, came from the Stand Your Ground Act of 2005.
Florida Statutes 776.041 is titled "Use of force by aggressor" and isn't going to be the relevant statute unless Zimmerman was the aggressor. If he wasn't, then Florida Statutes 776.012 stands on its own.
If Zimmerman was not the aggressor, F.S. 776.012(1) states:
[A] a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself[.]
If the party claiming justifiable use of force was the aggressor, then Florida Statutes 776.041(2) ("Use of force by aggressor') is relevant:
The justification described in the preceding sections of this chapter  is not available to a person who: . . .
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
I bet they will have a lot of trouble seating a jury if this go trial.
A concussion is a traumatic brain injury that alters the way your brain functions. Effects are usually temporary, but can include problems with headache, concentration, memory, judgment, balance and coordination
“you can add the Orlando Sentinel to the list of media organizations exposed to damages from defamation. “
Yeah,,, but doesn’t GZ have to prove “willful” intent? The Sentinal will prevaricate, and say they were relying on other news reports, I would think,,,,,