Posted on 08/01/2012 10:41:50 AM PDT by nickcarraway
Judge denies Zimmerman's motion to disqualify him in Trayvon Martin case
George Zimmerman's motion to disqualify Circuit Judge Kenneth Lester Jr. from the Trayvon Martin shooting case was denied Wednesday.
The ruling was issued by Lester following Zimmerman's filing of the motion last month which claimed Lester's comments in an earlier bond order led him to believe Lester was prejudiced against him.
Lester had said in the order that Zimmerman and his wife misled him about their finances.
In his motion, Zimmerman argues that Lester made "gratuitous, disparaging remarks" about his character in a July 5 ruling setting Zimmerman's bond at $1 million.
Prosecutors later argued for Lester to stay on the case, saying the judge has given Zimmerman bond twice as well as other privileges that show he isn't prejudiced.
Zimmerman, 28, is charged with second-degree murder in the shooting of Miami Gardens teen Trayvon Martin in a gated community in Sanford in February. He has pleaded not guilty, claiming self-defense in the shooting of Martin, 17.
No big deal. It was just his attorney setting up grounds for appeal, if he needs them. Plus a shot across the bow that he’s not intending to be a pliable milquetoast in front of Hizzoner.
Wait the judge himself gets to rule on whether he stays on the case? Of course he’s staying he has a big fat agenda.
>>Of course he’s staying he has a big fat agenda.<<
Can you spell B O O K D E A L?
So Zimmerman gets mo-lestered by the prejudiced judge again. Who didn’t see that coming?
Another Judge Ito Repeato
Judge Ito, Jr.
Walking the streets are people who put a bounty on his head.
It is a good thing that here in the US you are innocent until proven guilty or he would be in a hell of a mess. (/S)
It clearly is grounds for an appeal.
This judge has made his bias clear, over and over.
But, but the judge has been sooooooo fair to George.
/s
>> This judge has made his bias clear, over and over.
I only paid close attention to the actual courtroom happenings during the first bond hearing (where he set bond at $100K). At that hearing, the judge seemed impartial to me. It sounds like you’ve paid closer attention, so I’ll take you at your word that you’ve detected bias since that initial hearing.
>> a back hand slap and punishment by the judge that knows how much this crap costs.
The first one (100K bond) wasn’t excessive (IMO). It’s a second degree murder charge and Z.’s attorney made no motion to drop charges on self defense grounds, nor reduce it to a lesser charge, so that’s what the judge was looking at. If the judge is truly impartial, with no movement out of the defense (yet) as though they’re going to trial on the charges as laid, what is the judge to do? I personally believe that Z. is completely innocent; but if a JUDGE so believes and acts on that belief, then he’s not being impartial — is he?
The second bail may indeed have been excessive; on the other hand it *was* established in fact that Z. and/or his wife mislead the court as to their financial status. Again, if you are truly an IMPARTIAL judge, what are you to do? Overlook this?
So: I can see the judge being pissed he was misled; I can understand him raising the bond amount accordingly; and I can understand Z.’s attorney moving to have him disqualify himself. As far as I can tell, the courtroom battle is playing out “normally”.
I personally believe that Z. will prevail on the merits of his case. He will be found innocent of 2nd degree murder and of manslaughter as well. And then he will be done. It would be cool if he could get the charges dismissed as per the “stand your ground” law, as that would preclude civil charges against him also, but apparently his attorney doesn’t feel that would be a good move as it would almost certainly require Z. to testify. I’m not qualified to second-guess him.
Let’s keep in mind that Ito didn’t get a conviction.
I think you nailed it, though, the motion served its purpose.
Here is the Motion that the judge denied:
http://184.172.211.159/~gzdocs/documents/motions/motion_to_disqualify.pdf
Well I for one felt sure he was done, could not see how the court could function with Lester continuing,especially after such a harsh (deserved)reprimand by O`mara in the motion. Very detailed and brilliant I thought (no I am not a lawyer)
I am disappointed, but was sure they would immediately appeal??? No word as yet.
Not being a lawyer, I thought it was a slam dunk for George to have this fellow removed. I say appeal, no way he is going to allow stand your ground. George should not have to go to trial period!!!
I think it`s a huge mistake if they do not appeal, somehow I suspect they will???
Here`s a legal guy that agrees with me, believes Omara will appeal judges ruling. I do not see that they have a choice, got to appeal this, certainly George needs to atleast get a chance for this not to go to trial
FWIU Judge Lester has been overturned many times on appeal. O’Mara has no choice but to appeal. Most of the work has already been done and is right there in his Motion to Disqualify.
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