Skip to comments.Zimmerman Trial Pre-Game Day Analysis
Posted on 06/22/2013 2:24:03 AM PDT by 2ndDivisionVet
The jurors are now selected in State of Florida v. George Zimmerman and opening statements are scheduled for Monday. Today was a wrap up day, to resolve as any lingering issues that Judge Nelson hadnt yet decided, and do general housekeeping in preparation for the trial.
Since first examining the evidence of this case Ive been highly skeptical of both the States ability to prove, beyond a reasonable doubt, murder in the second degree, as well as the States ability to disprove, beyond a reasonable doubt, self-defense.
What Ive seen over the course of the Frye hearing and jury selection has only reinforced that perception. Indeed, it seems likely that this will be a long, painful and perhaps humiliating trial for the State. Heres why.
Its called the Pre-Trial Motions Phase not the Lets-Do-It-As-We-Go Phase
Normally, before a trial begins, the pretrial motions phase of a case is substantively concluded well before the trial proper begins. This allows for the trial to start with a relatively fixed body of evidence for the trial, shared by both sides, with each side constructing its own compelling narrative from the elements of that evidence.
This isnt what happened here. Literally one working day before opening statements (and actually nine days after the technical start of trial, as jury selection is technically part of the trial phase), the court is still deciding what evidence will be allowed.
As an illustration, consider two issues that were raised today. One is whether evidence on Trayvon Martins cell phone records can be used, even though its not been fully authenticated yet. Why hasnt it been authenticated? Because the defense is the one who wants it admitted and they only just finally received it from the state 3 weekdays before jury selection began. And were not talking about a small number of recordsit includes, for example, thousands of photos. The defense argues quite reasonably that they simply havent had time to conduct a reasonable review of the discovery. The judges ruling? Well decide [on admissibility] as we go along. Wow.
The other issue is whether two particular witnesses may testify to statement they heard Zimmerman utter. In truth, however, thats not the real issue. The real issue is why such questions remain unsettled one work day before the opening statements? One result of it is that the defense is now forced to start the trial, give their opening statement and frame out the compelling narrative to the jury, and do so without yet knowing whether potentially valuable witness testimony could be included.
Either the old Bait-and-Switch or the Look, a Squirrel strategy
Another seemingly benign (and not necessarily inappropriate during trial) motion today was to perpetuate the testimony of one of George Zimmermans professors. This can happen when a witness becomes unavailable. The parties videotape formal testimony of the witness in advance, with both sides of the court giving full examination, with direct, cross-examination, etc. The video can then be shown to the jurors during trial. Keep in mind, the state has yet to decide whether to actually show the video, they just have it in case they do decide.
Not unheard of certainly, and not necessarily wrong for Judge Nelson to grant. Still, a few things sent off a red flag. One is that OMara noted that the defense hasnt yet deposed the witness. This isnt totally unheard of with a case that has 220 witnesses. Because of the enormity of effort to depose each one, both sides must categorize their witnesses by how likely they are to actually call them. The A list will almost certainly be called, perhaps someone from B, less likely for C, etc. My guess is (and let me be clear this is only a guess) that the witness is pretty low on the list, and thats the reason they have not yet been deposed by the defense.
So the cynic in me thinks the state may be trying to do one of two things. One, they could have put him low on the list to bury him from the defense, only to raise them to as effectively an A-list witness on the eve of trial. Such last-minute scrambling also has the side-effect of likely destroying the last few hours of sleep OMara and West might have this weekend.
Crooked prejudiced against Zimmerman Judge, lying state prosecutors, what could go wrong? The only thing that stands between Zimmerman and a lynch mob is the Court of Appeals where the real decision will be made at a later date. Unless the Jury miraculously gets it right in spite of the lies of the prosecution team and the crooked decisions made by this Judge.
Strange the judge would not allow discovery by both sides? She is losing credibility. Judges are usually very strict as well as the law about that.
Local AM radio in DFW ran a syndicated news blurb at the top of the hour one day this week. It said the Zimmerman trial in Florida was to start this week. They then described the trial as about a neighborhood watch man shooting an unarmed teen, “who could be heard screaming for his life “ in an audio recording.
You F’n kidding me? The national news introduces the story with that slanted description? It has not been established who was screaming, or if any recording exists but that did not stop the national socialist PRAVDA station from running with the States version of the story. What happened to innocent until proven guilty?
Lots and lots of strangeness here.
Barry Oboma’s SON gonna get Jussus!
Jussis, ya hear me?
Opening arguments Monday morning and Judge Debbie still has not ruled on the Frye hearing or this Motion:
DEFENDANT’S SPECIFIC RESPONSE TO STATE’S MOTION IN LIMINE REGARDING SELF-SERVING HEARSAY STATEMENTS OF DEFENDANT
And in her ruling yesterday the prosecution can use most of the inflammatory words that the defense objected to. The state admitted in court that the lie being propagated by the scheme team and their talking head accomplices that Zimmerman got out of the car after being told not is not true. It allowed this lie to be perpetuated for 16 months without correction.
The state also in court said that the use of the word “confronted” is the heart of its case for which they claim to have evidence which brings to mind this exchange at the April 2012 hearing:
OMARA: Zimmerman confronted Martin, those words. Where did you get that from?
GILBREATH: That was from the fact that the two of them obviously ended up together in that dog walk area. According to one of the witnesses that we talked with, there were arguing words going on before this incident occurred. But it was between two people.
OMARA: Which means they met. Im just curious with the word confronted and what evidence you have to support an affidavit you want in this judge to rely on that these facts with true and you use the word confronted. And I want to know your evidence to support the word confronted if you have any.
GILBREATH: Well, its not that I have one. I probably could have used thirty words.
OMARA: It is antagonistic word, would you agree?
GILBREATH: It could be considered that, yes.
OMARA: Come up with words that are not antagonistic, met, came up to, spoke with.
GILBREATH: Got in physical confrontation with.
OMARA: But you have nothing to support the confrontation suggestion, do you?
GILBREATH: I believe I answered it. I dont know how much more explanation you wish.
OMARA: Anything you have, but you dont have any, do you?
GILBREATH: I think Ive answered the question.
This is nothing more than a Black Racist Lynching
The only hope is this jury.....who the prosecutors fought to keep some off
There fixed it
Facts are irrelevant. The left has a lot of its credibility riding on winning this. They WILL cheat to win.
Anybody know the make-up of the Jury?
After all this time of watching the build-up to Civil-War II, I think that we may have been watching the trigger being assembled and now soon to be pulled.
I don’t think the outcome of this trial really matters, It’s going to blow anyway. It’s just a matter of how quickly and how hard it will be. All of the other things that have been done in Congress, and in the Administration can be seen as the piling up of the boxes of dynamite in a cartoon. There needs to be a trigger, a detonator of sorts. And this ‘could’ be it.
Think about it, the MSM is putting out all sorts of spin and frankly lying through it’s teeth, the Just-us department wants ‘Z’ fried. And we are heading into a really hot summer, Summertime heat just increases the frustration index in the hood and elsewhere and they are just itching for any ‘good’ reason to go on a “shopping spree’ aka riot and loot.
On the other hand the taxpayers are just about fed up with it all too. put it all together and... Well you pick your own outcome and scenario.
HATE the title....it’s NOT a GAME!
This trial is a symbol, not a real trial. Just as OJ’s trial was a symbol of all the eeevvvvviiiillll White people who said the ‘n word’ against all those poor oppressed minorities.
Has anyone thought that maybe this is what zero is going to use to trigger racial and civil unrest in the inner cities?
Can anyone explain to me why there are only 6 jurors on this case?
Florida law — 12 jurors are only provided if it is Murder 1 with the death penalty at stake.
This became “BIG NEWS” because the MSM thought they had a middle-class, middle aged, conservative white man as the villain and kunta kinte as the victim - in an upscale 'all white' gated community....
It was all a lie.
Zimmerman's NOT white, not conservative and not middle-aged. Trayvon is not Kunta Kinte. And the 'gated community' is working class...
NBC wanted so badly to express their hatred of middle class conservative whites that they doctored tapes to push their lies.
Young hispanic men shooting young black men is not rare. The media circus is rare...
What's on trial here is the MSM and their hatred of traditional Americans... Which is why the media circus continues...
One half way through the prosecutions opening statement the jury will start weeping and sobbing over “poor Trayvon’s” awesome fate. The weeping and sobbing shall continue through the reading of the conviction.
It’s in — the state’s voodoo “experts” are out:
ORDER EXCLUDING THE OPINION TESTIMONY OF MR. OWEN AND DR. REICH
I haven’t seen him referred to as Kunta Kinte
but they certainly have been comparing him to Emmett Till.
Last I heard the jury is 6 women one of whom is a so-called 'minority'.
Thanks Uncle Chip, I’ve been puzzled about that for days!
I assume you know blacks and hipanics are often crime victims of each other.... right?
Ever wonder why those stories don’t make national news?
Until conservatives pointed out the slaughter in Chicago, the murders of black children didn’t even make the national news...
What was it about the Zimmerman/Martin story that ‘caught the eye’ of powerful white liberal elites like the folks at NBC who were so enthralled they were willing to doctor tapes for the sake of the meme? Doctored how - you ask?
It has nothing to do with Biden’s ‘ya’all would be in chains’ if it weren’t for us liberal whites - and everything to do with liberal whites wouldn’t be in power without blank anger.
When that railroad reaches its destination without Zimmerman on board, it will be Bernie and Angela and Benjamin who will be taken to the woodshed.
What I noticed, here in PA, was the statement that Zimmerman was on trial in the murder of Treyvon Martin. No, hes on trial on charges that his killing of Treyvon Martin was unlawful and constituted murder 2.Is it the same there as here, that whenever a reporter reports a crime by person(s) unknown, the reports say that the suspect did such and such? They are Oh-so-unctious not to say that a named suspect is guilty before trial, to the extent that they say suspect when no suspect has been identified. But then there is the Zimmerman case, and nobody is shy about saying or strongly suggesting that he is guilty.
I do so hope that Zimmerman sues, not only NBC, but the whole lot of them. Name them, The Associated Press and each of its members - and sue them for libel. Treble damages under RICO.People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices. It is impossible indeed to prevent such meetings, by any law which either could be executed, or would be consistent with liberty and justice. But though the law cannot hinder people of the same trade from sometimes assembling together, it ought to do nothing to facilitate such assemblies; much less to render them necessary. - Adam Smith, Wealth of Nations (Book I, Ch 10)The AP newswire is a virtual meeting of journalists nationwide. That meeting has been going on continually for over a century and a half - plenty of time for it to become a conspiracy against the public.
The conduct of discovery in this case is atrocious. In any case I’ve been involved with, working with - not as - lawyer(s), if evidence is not submitted by the preset date for close of discovery, it can only be introduced in rebuttal. Discovery is usually closed a month or two before the trial IIRC. So there are few to no surprises at trial. In this case, the prosecutors’ withholding evidence is even worse because if they prevail based on evidence withheld until trial, a man will go to jail for murder. As if his young life hasn’t already been virtually destroyed by this case.
I agree. I also find withholding evidence is despicable. What is going through this judge’s mind. She is losing her credibility and shouldn’t be on the bench if this is happening.
If either side fails to disclose in timely fashion evidence which is favorable to it, preventing the side at error from using the evidence is a simple and generally fair remedy. The problem comes when the evidence is unfavorable to the side that fails to disclose it. In that case, the party that eventually disclosed the evidence would prefer that it not be used at all, and thus denying that party use of the evidence would be no remedy at all. I think it's likely that the mobile carrier's tower logs would be consistent with Zimmerman's story and inconsistent with the prosecutors', but to my knowledge despite the fact that such information should have been collected, and the defense has been trying for years to get it, it still doesn't have it.
I don’t think this is how it will go. It seems at least a few of the women on the jury have somewhat conservative and/or practical, rational thinking attitudes. I believe Zimmerman will be acquitted on the basis of the medical evidence and the inability of the prosecution to prove that George did not act in self defense. I could be wrong, but I don’t think I am.
Let us hope you are correct. All reports indicate Zimmerman was acting in self defense. It is hard to understand why this matter went to trial given Florida’s “stand your ground” law.
Let me ask you guys this: six women? An all-woman jury? Nobody sees a problem with this? All the prosecution has to do is put up some pictures of Trayvon as a baby wearing footy pajamas and Zimmerman will fry. Furthermore, most men understand the nature of physical confrontation in situations like these. Women most often don’t. Whatever happens, I’m not expecting a sane, logical process.
That seems like a scenario that women would tend to fear.
This is purely political - the leftwing racebaiters pushing their agenda! This report 9at the link) is an excellent summary of what and why this is happening. Truly CW2!!!
The Facts: Normally, the prosecution is the natural ally of the police. Using their investigation the facts prosecutors are able to establish all of the elements of the offense and win a conviction. In the Zimmerman case, the prosecution must ignore, try to explain away, or try to construct reasonable doubt about the case of the police a bizarre state of affairs.
The Sanford Police Department conducted an unbiased and competent investigation, and the local prosecutor, Norm Wolfinger, declined to press charges because all of the evidence supported Zimmermans self-defense claim under Florida law, and none contradicted it. Prosecutor investigator Dale Gilbreath admitted this on April 20, 2012.
However, that investigation and its results did not fit the narrative, and so Corey was tasked not with doing justice, but with charging and convicting Zimmerman regardless of the evidence. Coreys office has never produced the slightest evidence proving that the Sanford Police failed in their duty or exhibited racial bias.
That being the case, what are the grounds for charging Zimmerman with any crime?
The fact that they only turned over about 5% of the information on Trayvon’s phone and tried to delete most of it is a crime, not just failure to hand over information. The excuse that he had pictures of underage girls on it isn’t enough to refuse to hand over images that include pictures of items he probably stole.
” That being the case, what are the grounds for charging Zimmerman with any crime?”
There are none.
Maybe Sharpton will be nice, and buy each of us an ice tea, and a package of “Skillets”