Skip to comments.George Zimmerman: Motion to disqualify judge
Posted on 07/13/2012 1:21:19 PM PDT by abb
George Zimmerman's attorneys want to disqualify the judge who is presiding over his second-degree murder trial.
The motion filed Friday says Zimmerman "has a reasonable fear that he cannot get a fair trial or a fair stand your ground hearing by this court."
The motion specifically mentions the new bail Judge Kenneth Lester set for George Zimmerman earlier this month. The motion says Lester made disparaging remarks about Zimmerman's character, says he should be "prosecuted for additional crimes," and is holding the threat of future contempt proceedings over Zimmerman's head.
The judge revoked Zimmerman's first $150,000 bond, and had him rearrested after he allegedly misled the court as to how much money he had available in a fund for his defense.
The motion also says the court is not weighing any evidence of Zimmerman's innocence in the case when determining bond, other than to say "the only issue is the viability of the defendant's self-defense/Stand Your Ground claim" but they also accuse the judge of not discussing that issue either.
The motion also says:
"The court departed from its role as an impartial, objective minister of justice when it stated on two occasions in its order that in the court's personal opinion there is probable cause to believe that the defendant committed a violation of Florida Statute 903.035(3), a third degree felony punishable by five years in prison. This is tantamount to instructing the state that Mr. Zimmerman should be prosecuted for this offense."
George Zimmerman is on trial for second-degree murder in the death of Trayvon Martin last February.
the appearance of impropriety is impropriety.
the simple fact is the judge reads the accusation and can just say “nope, i can be fair.” and that ends it.
If granted, EVERY RULING of the judge can be re-examined.
This sounds like his attorney intends a vigorous SYG defense. That is encouraging.
Thanks for the info.
It certainly looks like the presiding "judge" should be kicked off the case.
Sounds a little bit like reality starting to set in...
What do you think, goseminoles? Zimmerman have a fog of a chance with this?
GZ’s lawyer MoM finally realized he had to produce for his client.
I am so sick of Zimmerman being tried in the media. He killed a thug in aelf defense. Let’s get it over with. Racism be damned!
About damn time
No. The attorney should immediately request a change of venue. The judges remarks show he is not impartial in this matter. Sanford is a small town with too many shenanigans and racial division. The judge can make fair decisions based on Zimmerman’s lack of truthfulness without making impartial remarks, if he is indeed going to be the trial judge.
It’s about time!
On the other hand, it could be that the defense has let the Judge have enough rope to hang himself?
Not only should this hack judge be kicked off the case, the entire idiot ridden united states of america should be kicked off this case.
Travon, the violent son of Obama, got the justice he so richly deserved when he was killed by his victim that he was trying to murder.
He's not only sticking it to Mr. Z in every way possible but he's doing all he can to taint a potential jury pool with his consistent prejudicial diarrhea of the mouth.
George is being Lesterized like the LaCrossies were Nifonged.
GO, Attorney Mark O'Mara !!!
That could be the next step.
New word! excellent!!
If this can be proven with independent witnesses or court documents, this judge should be removed - not only from this case, but from the bench.
Seminole County has a spotty history of judges who introduce or manufacture their own "evidence" to lock people away. One man is currently on death row based solely on manufactured "evidence" introduced by the judge (I don't know the judge's name).
The discovery documents released to date strongly support Zimmerman's claims about Martin and the FBI report is particularly damning to the prosecution's case. Given these facts, it remains to be seen if Zimmerman can and will get a fair trial.
thanks for the link
Lester is obviously a biased POS.
Was the judge ever one of Reno’s cronies in the alleged child abuse debacle cases back in the 90’s ?
This charade needs to be ended. NOW.
I agree whole heartedly. The judge is NO GOOD!!!
THEN, charges should be brought against those who issued a "bounty". Since when does stuff like that get a pass.
Whoops.....forgot...Tray is Obama's son.
Could this motion be a preliminary to asking for a Change of Venue? It seems a bit unfair the judge can simply deny the motion and declare himself unbiased. There should be some kind of recourse, but I know the courts are sometimes very unfair.
In the PDF of the motion linked above in post #2, there are a number of direct quotes from the judge that were produced from the actual transcripts of the bond hearings. He was pretty blatant.
Lester, the zimmerman molester, and the DA are playing a tag team bout with Zimmerman from the get go. The DA grossly overcharged the case and Lester is doing everything he can do to extract some kind of plea from him.
Regarding a change of venue, well, depends...surely not to Brevard County. The DA is from Jacksonville, that sounds like a reasonable venue for the case.
When this is all done and a non political jury finds him innocent, there is going to be all hell to pay for this fiasco. Even if they force him into a plea to a lessor charge, the supercharged Obama minions are going to take this as a message to riot big time. OJ may have been found not guilty and the OJ crowd was estatic while the rest of the US was not resulting in no riots BUT that will not the the result when things go the other way. So, stand at the ready at personal defcon 2
What is your opinion of O Mara’s saying he sees no purpose in the Stand Your Ground law?
Does this pose a potential issue of whether a full and complete defense will be made by an attorney who doesn’t like a law which is crucial to his client’s defense?
What of the issue that by allowing a Zimmerman conviction, the lawyer’s could effectively help weaken the Stand Your Ground Law which he is not in favor of?
Bring the case to Pinellas County Courthouse in Clearwater. Recent case comes to mind...
Im not sure bias is a basis for recusal or change of venue. But a good lawyer can lay the groundwork to initiate these actions based on other factors. O’mara needs to make a phone call to Barry Cohen. He needs a team, not a one man team. O’mara is qualified, but he needs another brain or two. This case is predudicial against the defendant.
Of course it should.
This motion is signed by Mara and Donald R. West, Esq. so that’s two so far. I hear you. However, this judge has seen to it Zimmerman now has only about half of the money donated for his legal defense, so if he has no pro bono assistance I don’t see how he can get a team together.
My biggest hope is that Zimmerman can withstand the pressure to sign off on lesser charges.
How can the judge take away a defendant’s money? Doesn’t that deprive him of his right to counsel?
Stand your ground not applicable here. Pure case of self defense. There is no doubt that Z was attacked.
Doesn’t a Stand Your Ground defense imply that Zimmerman wasn’t pinned to the ground when he shot Martin?
I’ll have to confess ignorance and ask a question. In the document you linked to, it is stated that Trayvon Martin was straddled over Zimmerman and “beating him MMA style.” What does “MMA style” mean? I hope I don’t feel TOO stupid when I get the answer. Anyhow, thanks in advance.
Yes, he can, however, you put the judge on notice and the defense may have grounds for appeal if he does not play it straight. You ever watch a baseball game when a manager argues a call? The manager knows he has little chance in changing the umpire's mind but the manager's intent in win the next close call. The same type of psychology is going on here. The Obots do it all the time but there's mostly coercion and they are usually in the wrong in their arguments but they do it anyways.
My friend Jose Baez is doing pretty good on a pro bono case. When the dust settles, this may be another trial of the century when all said and done considering racial and second amendment implications..
When the “judge” found out Zimmerman had $200K from donations, he upped the bond to $1 million. Zimmerman had to pay $100K non refundable to a bail bondsman, so that’s how the judge took away Zimmerman’s money. IMHO, the purpose was precisely to deny Zimmerman sufficient legal counsel.
Jose got Anthony off, right?
Except it shouldn’t be a SYG case. By all accounts available and certainly what appears to have occurred by listening to the audio tapes, Zimmerman was attacked while en route back to his vehicle. At that point he was unable to retreat, which he was trying to do at the behest of the police dispatcher / 911 operator. SYG doesn’t even come into play here because he has (and you and I have) the right to defend ourselves when being attacked - nobody can take that right away, it is a God-given right and has always existed.
This really should have nothing to do with the SYG law because he wasn’t “standing his ground” in some public place, nor was he (per his side of the story) brandishing his weapon or attempting to stand his ground. The media in its zeal to damage various SYG laws made this into a SYG case...
Mixed Martial Arts. In this case, it’s unique style of punching that reduces damage to the assailant’s hands.
SYG is the only way to immunize Zimmerman from the civil suits sure to follow from Sharpton, et al.
IT’S ABOUT TIME!!!
Mixed Martial Arts.
That document was a disgrace to the judicial process and the common sense of those who watched the June 29th hearing. One would have to think that his head was in an alternate universe that day to have written such an irrational mindless order. No objective judge should have penned the assinine things he did.
I think he wants off this case and that order was proof of it. He sent a message to the defense and was hoping that O'Mara would get the message and he did.
He should thank Mark O'Mara and West for giving him the opportunity to recuse himself. He should take it and the opportunity to resign from the bench as well for the sake of all of Florida.
Trayvon was on his knees on top of a supine Zimmerman, straddling some part of his torso, punching Zimmerman in the face, which drove the back of Zimmerman's head into the sidewalk with each blow.
This particular position/action is commonly referred to as "ground and pound."