Martin/Zimmerman case: Prosecutor missed deadline to release evidence

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[ElenaM]

Fight over public's right to know intensifies as lawyers disagree about record law

SANFORD, Fla. -

As controversy over the $200,000 George Zimmerman raised on PayPal took center stage Friday, Special Prosecutor Angela Corey's decision to ignore legal questions raised over whether she's obeying Florida's public record law went largely unnoticed.

But the issue of whether Corey has the legal right to continue preventing the public from seeing the evidence she says proves Zimmerman committed the second degree murder of Trayvon Martin seems to be coming to a head.

The special prosecutor's office on Friday refused to make that evidence public -- even though an attorney fighting for the public's access insists Friday was when Florida law required Corey to share the evidence with the millions of people following the case.

[ElenaM]

This case gets more despicable with each passing day.

[Gator113]

In a sane world, Corey would already be in jail.

[Lancey Howard]

...even though an attorney fighting for the public's access insists Friday was when Florida law required Corey to share the evidence with the millions of people following the case

Public schmublic - - what about the defense attorneys? Surely they have a right to discovery and have seen the alleged evidence??

[Oztrich Boy]

Florida law required Corey to share the evidence with the millions of people following the case.

America: the Reality TV nation.

[samtheman]

Evidence? We don’t need no stinking evidence.

[ElenaM]

No, O’Mara hasn’t received the evidence either. O’Mara, however, believes the 15 day clock begins on arraignment according to the article.

[spokeshave]

Alice in Wonderland....the Red Queen....

First the sentence then the trial.

[GrandJediMasterYoda]

She’s the new Mike Nifong. Stupid beeyatch could very well have destroyed her career, and for what? So Al Sharpton and Jesse Jackson can extort money? Pay us or we’ll incite a riot? How about she get some balls and charge Sharton for causing to incite a riot? The guy is up giving speeches threating the public and WTF is she doing sitting on her ass? It’s incredible to me how many stupid people are in positions of authority in this country. I tell my kid that allll the time: If you think you can’t be successful in this country, just remember there are absolute complete morons who have. Just look at our POTUS. The guy is a foreigner with the IQ of a donut, yet was able to scam a Harvard degree, become POTUS and a millionaire.

Coreys future:

http://www.thesmokinggun.com/documents/crime/mike-nifong-bankrupt

[andyk]

O’Mara, however, believes the 15 day clock begins on arraignment according to the article.

That's true, but Ponce did have an interesting response to that.

[ElenaM]

Agreed. I suspect O’Mara is willing to wait to have time to redact witness names, addresses, etc. to protect the innocent from the Spike Lees of the world.

[tired&retired]

re there background similarities? Nifong was a perfect example of the Peter Principle in action!

Per Wiki: Nifong was born in Wilmington, North Carolina, and graduated Phi Beta Kappa from the University of North Carolina at Chapel Hill (UNC) in 1971 with a degree in political science. He registered as a conscientious objector during the Vietnam War era and participated in anti-war protests. After working as a teacher and social worker, he returned to UNC in 1975 and earned a law degree from the University of North Carolina School of Law in 1978. He was admitted to the NC bar.

Prior to the most intense criticism of his handling of the case (see below), Nifong won the Democratic primary on May 2, 2006. Many critics have argued that Nifong brought the Duke case forward simply to win a tough reelection fight against two opponents in Durham, a city with a sizable black community.

With no Republican Party candidate running for office, Nifong was a shoo-in to win in the November general election. However, growing awareness of the scandal prompted supporters to petition to add Lewis Cheek and Steve Monks to the ballot. Lewis Cheek was successful in his bid but quickly announced that he would not campaign or serve if elected. Monks, a Republican, was not successful in his bid but decided to run as a write-in candidate.

Nifong won the general election in November 2006, receiving 49% of the votes, while Durham lawyer and Democrat Lewis Cheek received 40% even though he said he would not serve if elected, and Republican Party Chairman Steve Monks got 11% as a write-in candidate.

Wow, Nifong was almost was beat in the general election by an opponent in his own party who stated “he would not campaign or serve if elected.” Sounds like Nifong was playing Chicago politics-— and lost!

The criticisms focused on a series of actions taken by Nifong: that he went public with a series of accusations that later turned out to be untrue; that he exaggerated and intensified racial tensions; that he unduly influenced the Durham police investigation; that he tried to manipulate potential witnesses; that he refused to hear exculpatory evidence prior to indictment; that regulations on the conduct of an identification exercise were breached by failure to include “dummy” photographs; that he had never spoken directly to the alleged victim about the accusations; and that he made misleadingly incomplete presentations of various aspects of the evidence in the case (including DNA results).

Nifong stated in a court hearing on October 27, 2006 that, six months after the arrest of the Duke lacrosse players, he had not yet interviewed the alleged victim. “I haven’t talked with her about the facts of that night. ... We’re not at that stage yet.” According to Nifong, none of his assistants had discussed the case with her, either!

Sad thing is, this year Nifong is eligible to get his law license back in NC.

[sirchtruth]

Stupid beeyatch could very well have destroyed her career, and for what?

Or saved it by preventing mass riots at the time. From what we've seen there is NO evidence suggesting Zimmerman committed 2nd degree murder! By charging him and NOT having the evidence to back it up this case will just fade into oblivion with little or no damage. Crisis averted, which is what this whole farce is about.

What I want to know is when does this SYG hearing begin?

[MindBender26]

Remember, delay is the Defense’s friend, and this is not matter the Defense wants to use his ammunition on.

He is due plenty of time after he gets full disclouse, but this gives Defense even more time to investigate, etc

[redgolum]

Zimmerman will be convicted of something. If she doesn’t do it, Holder will. This was just a move by the prosecuter to make sure she wasn’t sucked into the civil rights case

[redgolum]

Zimmerman will be convicted of something. If she doesn’t do it, Holder will. This was just a move by the prosecuter to make sure she wasn’t sucked into the civil rights case

[sirchtruth]

Zimmerman will be convicted of something.

He will? What? There is nothing they could possibly charge him with under current law. To date there is no evidence he committed a crime. The only reason he was charged in the first place was to prevent riots.

The civil lawsuits are going to be brought Zimmerman against the media for their egregious, purposeful deception!! They lawsuits SHOULD be brought by the American people against the Justice Bros. and the lying scumbag media for this racist mess they have incited!

[SWAMPSNIPER]

They’re making the rules as they go along. They may be trying to make evidence too.

[Molon Labbie]

In Jonestown they drank the koolaid.

Corey drank the I tea and ate the Skillets. This is truly a despicable railroad job on Zimmerman.

Wait till everyone finds out that Martins supposed G/F either does not exist or cannot testify to a damn thing.

[cuban leaf]

—Public schmublic - - what about the defense attorneys? Surely they have a right to discovery and have seen the alleged evidence??—

And I assume that once they see it, it’s as good as public. One may infer from that that they may still not have seen it.

[Cowgirl of Justice]

She is just following her god’s example and that of his minions in the DOJ- refuse, deny, obfuscate, ignore and the good white people will just go away.

[redgolum]

In a just system, you would be right. But this is election year race politics. The legal situation stopped being important once the decision was made to make this “white CCW killing black kid”. The facts no longer matter, the narrative does.

That is why Zimmerman was charged, and that is why somehow he will be convicted. No one in Florida wants to risk a nation wide race riot. This is politics of the worst sort. And a heck of a warning.

[Cboldt]

-- O'Mara, however, believes the 15 day clock begins on arraignment according to the article. --

He's said that a couple of times, but the FL Rules of Criminal Procedure say 15 days after the indictment or information is filed (then the Notice of Discovery). The information was filed on April 11, and the Notice of Discovery was filed on April 12.

O'Mara must know that if a Notice of Discovery is filed before the state files its charge against the defendant, that it might as well not be filed at all.

Rule 3.220 Notice of Discovery. After the filing of the charging document, a defendant may elect to participate in the discovery process provided by these rules ...

Within 15 days after service of the Notice of Discovery, the prosecutor shall serve a written Discovery Exhibit which shall disclose to the defendant and permit the defendant to inspect, copy, test, and photograph the following information and material within the stateas possession or control ...

[sirchtruth]

That is why Zimmerman was charged, and that is why somehow he will be convicted.

This is crap, what WILL he be "convicted" with? My point is they can not make this up beyond this charade unless there is evidence we do not know about. Zimmerman will be a VERY rich man because the lawsuits for a wrongful trail would bring down the house!

[Cboldt]

There is more than one venue for obtaining some of the evidence. In addition to the filings in the court, a public records request can be made of the SPD, and of Corey's office. The threshold for public availability is "active" investigation; not turning over to defendant.

Corey's office is blowing smoke. What she has to assert, to keep the investigation out of the public eye, is that the investigation is not concluded.

[patriot08]

While the Zimmerman/Martin ‘white’ on black killing is covered 24/7 on the MSM with an outpouring of rage and charges of a racial hate crime, where is the concern- where is the rage about the home invasion, torture, beating, rape and murder of the elderly white couple by a gang of feral blacks in Oklahoma just a few weeks ago?

The 90 year old war veteran husband was beaten and his jaw broken. He was shot in the face numerous times with a BB gun and sent to the hospital in critical condition.

The 85 year old partially blind wife was RAPED and then BEATEN TO DEATH.

Can you just imagine the pain, the humiliation, the horror that dear old lady experienced being gang raped by that pack of feral animals?

(the autopsy states she was raped. Don’t think all of these animals didn’t all participate)

And can you imagine the pain, the horror of that dear old husband having to witness this?

There’s a lot more involved here than a home invasion and robbery.

WHERE ARE THE CHARGES OF A RACIAL HATE CRIME??

90 year old husband’s jaw broken and shot in face with a BB gun numerous times?

85 wife year old semi blind wife RAPED and BEATEN to death??

Why does it take a foreign press to enlighten America as to this henious crime?

WHERE IS THE NATIONAL OUTRAGE?

[Cboldt]

-- Remember, delay is the Defense's friend, and this is not matter the Defense wants to use his ammunition on. --

I think, in this case, "hurry-up" (follow the times specified in the rules, without extensions) is a better strategy for Zimmerman. The state has a pathetically weak hand. Proving that, publicly, works in defendant's favor.

The state risks loss of evidence or witnesses it does not disclose in discovery.

[Hulka]

Saved from a riot?

Not likely, and in fact probably will cause greater riots than if she had not indicted.

Riot if he wasn’t indicted—likely.

BIG riot when the case is thrown out or he is acquitted. . .very likely because that is what racist thugs do, and by taking the case this far only emboldens them, telling them that mob-rule can and will push the law around—and she raised expectations by doing what she did.

[sirchtruth]

...and she raised expectations by doing what she did.

I understand your thinking here, but I disagree. I think this will all calm down once people see there is NO evidence. Plus the Fact Zimmerman is certainly not a racist makes the riot hounds look pathetically stupid!

[rabidralph]

Looking stupid is not a concern of riot hounds.

[Georgia Girl 2]

They don’t have any credible evidence to release. Its a bogus charge that probably won’t make it past the pre-trial hearing.

[MindBender26]

This is not a People v. Def issue. This is People v. Media, and the Def is not party to case.

Delay ALWAYS helps def, except in the case of one of the Weathermen/Weatherwomen who was about to go to trial in 2001 for a 1960s anti-government Vietnam-era radical bombing. Def was planning on a total acquittal because she had “changed,” maried, raised a family, unjust war, etc....”

Bu then came 9/11, Def lawyer knew public mood had changed, she was screwed, and they took a plea.

[Cboldt]

-- Delay ALWAYS helps def --

Then you pointed to an exception. This case might be an exception too, but obviously, for a different reason.