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Zimmerman trial judge says jury canít see Trayvon Martinís text messages
Washington Post ^ | 07/10/2013 | Manuel Roig-Franzia

Posted on 07/10/2013 8:37:43 AM PDT by SeekAndFind

SANFORD, Fla. — A Seminole County Circuit Court judge dealt a blow to George Zimmerman’s defense Wednesday, blocking jurors from seeing text messages from Trayvon Martin’s cellphone about fighting and guns. Zimmerman is charged with second-degree murder in the fatal shooting of Martin.

Zimmerman’s attorneys had waged an intense battle to get the text messages admitted as evidence, arguing late into the night Tuesday during a tense and emotional evidence hearing. The debate grew so heated that Judge Debra Nelson walked off the bench and ended the hearing shortly before 10 p.m., while Don West, one of Zimmerman’s defense attorneys, was still pleading with her.

The texts might have been used to portray Martin, the unarmed teenager shot to death in February 2012 by Zimmerman, as a skilled and aggressive fighter. The defense has attempted to convince jurors that Martin was the attacker and that Zimmerman fired in self-defense. Prosecutors have emphasized that Zimmerman, then a 27-year-old neighborhood watch volunteer, was heavier than Martin, a slender 17-year-old. But defense attorneys called a local gym owner to testify that Zimmerman was unathletic and “soft.”

In one of the text messages on Martin’s phone, a friend writes, “Babe, why you always fighting?” according to Richard Connor, a computer forensics expert who testified for the defense during the evidence hearing.

Connor testified that Martin wrote about fight opponents. “I lost the first round,” a message that he punctuated with a smiley face. “I won the second and third.”

“You need to stop fighting, for real,” the friend texted back, Connor said.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Florida
KEYWORDS: blackkk; florida; georgezimmerman; trayvon; trayvonmartin; zimmerman

1 posted on 07/10/2013 8:37:43 AM PDT by SeekAndFind
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To: SeekAndFind

And here was Trayvon’s text response:

“Nah, I’m not done with fool. He gonna have to see me again,” Martin responded, according to Connor.


2 posted on 07/10/2013 8:38:33 AM PDT by SeekAndFind
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To: SeekAndFind

When relevant evidence is blocked by an autocratic judge, a kangaroo court results.


3 posted on 07/10/2013 8:40:59 AM PDT by fwdude ( You cannot compromise with that which you must defeat.)
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To: SeekAndFind
Impossible to see how this isn’t relevant to the case.
4 posted on 07/10/2013 8:44:01 AM PDT by SampleMan (Feral Humans are the refuse of socialism.)
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To: fwdude

So do mistrials.


5 posted on 07/10/2013 8:44:02 AM PDT by MestaMachine (My caps work. You gotta earn them.)
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To: SeekAndFind

Heck, let’s just skip the trial and send Zimmerman to prison forever, it’s for the people!

Better yet, just haul Zimmerman out in front of the courthouse and have truckloads of stones delivered, a public stoning will surely please the frothing mob!

/s


6 posted on 07/10/2013 8:44:22 AM PDT by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheel barrow)
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To: SeekAndFind
More grounds for appeal.

Except there will be no conviction.

7 posted on 07/10/2013 8:48:00 AM PDT by E. Pluribus Unum (Who could have guessed that one day pro wrestling would be less fake than mainstream journalism?)
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To: SeekAndFind

Just based on these texts, TM is NOT a guy that would be screaming “HELP! HELP!” as heard on the 911 call.


8 posted on 07/10/2013 8:51:21 AM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: E. Pluribus Unum

I hope you are right.


9 posted on 07/10/2013 8:58:16 AM PDT by karnage
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To: C210N

RE: Just based on these texts, TM is NOT a guy that would be screaming “HELP! HELP!” as heard on the 911 call.

Unfortunately, the jury won’t know that now because of what this judge just did.


10 posted on 07/10/2013 8:58:30 AM PDT by SeekAndFind
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To: SeekAndFind

again hiding evidence from the jury


11 posted on 07/10/2013 9:01:25 AM PDT by GeronL
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To: Irenic

Our city has just changed all the street signs in our neighborhood to “cursive”, so they won’t be able to find us when they start rioting.


12 posted on 07/10/2013 9:05:20 AM PDT by Lucky9teen (Peace is that brief glorious moment in history when everybody stands around reloading.~Thomas Jeffer)
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To: SeekAndFind
The reason the judge disallowed the text messages was not because of relevancy, it was because there was no way to authenticate that they were actually sent by Travon, instead of some third party who had access to his phone.

As if George Zimmerman falsified hundreds of text messages and photos over the course of several months, just to set up Martin as a thug, so he could justify shooting him at some later date.

13 posted on 07/10/2013 9:07:06 AM PDT by Yo-Yo
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To: Lucky9teen

HAHAHAHA....great idea!


14 posted on 07/10/2013 9:07:09 AM PDT by goodnesswins (R.I.P. Doherty, Smith, Stevens, Woods.)
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To: SeekAndFind

Here is the link to watch it live, this is a travesty of justice if he is found guilty. http://www.wftv.com/s/zimmerman-livestream/


15 posted on 07/10/2013 9:10:13 AM PDT by SilverMine (silver@mainetv.net)
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To: Yo-Yo

From Pajama’s Media:

http://pjmedia.com/blog/disorder-judge-recesses-zimmerman-trial-excludes-damning-evidence/

The forensic expert testified that he recovered multiple conversations between Trayvon Martin and specific family members and friends (Levondrea, “Diamond”, which is one of Rachel Jeantel’s nicknames, and others) discussing multi-round street fights and schoolyard fights in which Trayvon Martin had participated. Martin’s half-brother, Demetrius Martin, even asked Trayvon when he would teach Demetrious how to fight like him. Trayvon Martin’s family appeared to know Trayvon was a street fighter.

Most troubling, Conner found multiple conversations — between four and six — where Trayvon discussed attempting to buy black-market guns.

The guns Martin discussed acquiring included a Smith & Wesson Sigma pistol and a .38 Special revolver. One conversation showed Martin trying to sell a .22 revolver, suggesting he was already in possession of it.

One of the participants in one of the gun conversations was a Fulton, possibly a relative on his mother’s side. All of these conversations took place immediately in the days and weeks before Trayvon Martin left Miami for Sanford.

The reason these conversations were hidden until recently is that the deleted texts were created by a password-protected hidden app designed to beat police surveillance by hiding data and data types as different kinds of files than what the police would be looking for.

The key facts in this development:

* Trayvon Martin’s phone was password-protected. The password-protection starts automatically after being left unattended for a certain amount of time.

* The “stealth” app designed to further conceal Trayvon’s conversations about weapons, fighting, drugs, and pornography had an additional layer of password protection. He had to log into the phone first, and then to this app to access these conversations or delete them.

* There were thousands of messages, texts, photos, tweets, Facebook posts, and other bits of evidence hidden this way.
People who participated in these conversations are all documented by screen name, real name, phone number, social media personas, etc. They are all easily identified and could be deposed – if the defense is given time to do so.

* The State hid this evidence until right before the beginning of the trial, when the prosecution’s Wesley White came forward to present testimony that the State was hiding and may have destroyed evidence. The defense has had no time to recover this data and to depose every witness.

This led to the showdown between incredulous defense attorney Don West, who can’t believe what he’s hearing, and Judge Deborah Nelson, who puts the court in recess and exits — as the defense is still trying to talk to her.

CLICK ABOVE LINK FOR THE VIDEO


16 posted on 07/10/2013 9:11:33 AM PDT by SeekAndFind
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To: Lucky9teen

bwahahahaha! That’s funny! Thanks!


17 posted on 07/10/2013 9:12:32 AM PDT by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheel barrow)
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To: SeekAndFind; SilverMine

Thanks for info & links.


18 posted on 07/10/2013 9:23:42 AM PDT by cyn (Benghazi.)
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To: karnage
You can tell by how pissed off the judge is.

She's being paid to deliver, and she is failing.

19 posted on 07/10/2013 9:23:52 AM PDT by E. Pluribus Unum (Who could have guessed that one day pro wrestling would be less fake than mainstream journalism?)
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To: Yo-Yo
"The reason the judge disallowed the text messages was not because of relevancy, it was because there was no way to authenticate that they were actually sent by Travon, instead of some third party who had access to his phone."

First, the defense had asked for more time to despose the people on the other end of the line, which could have authenticated that it was Travon they were talking to. But they were denied that time by the judge. They needed that time because of State tried to hide that information and they didn't receive the information until June 4th. To deny the defense time to authenticate when there is a path to authentication seems wrong.

Second, I can understand the judges authenticatoin reasoning if it was Travon on trial. But to deny Zimmerman the benefit of the doubt in a self-defense case seems wrong.

20 posted on 07/10/2013 9:29:14 AM PDT by DannyTN
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To: E. Pluribus Unum

You can tell by how pissed off the judge is.

She’s being paid to deliver, and she is failing.


No, her reward comes later with the promotion to a federal bench.


21 posted on 07/10/2013 9:35:09 AM PDT by Hotlanta Mike ("Governing a great nation is like cooking a small fish - too much handling will spoil it." Lao Tzu)
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To: SeekAndFind

I think his text messages would pretty much seal it up for the defense, if they are anything like Janteal’s text messages.


22 posted on 07/10/2013 9:38:31 AM PDT by Old Yeller (Goodbye America. Glad the majority of my years were spent during the good days.)
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To: SeekAndFind

Last night the judge cited court cases dealing with authenticity that stated that messages on email servers and social media servers were not self-authenticating. She actually read portions of these decisions which suggested that they would be authenticated if other corroborating evidence, such as IP addresses, could be established.

Her line of “reasoning” was technically incorrect since the messages were contained on Martin’s phone demonstrating that they had originated from that phone. Thus, something much better than an IP address would substantiate the origin of the message.

She altered her personal assessment by stating that there was no proof that someone else had not sent the messages. This specious reasoning bypasses the obvious observation that if an “IP” address was adequate for authentication, then the physical phone is even better! Thus the legal cases she cited were not applicable to a “someone else could have typed on the phone” argument.


23 posted on 07/10/2013 9:43:08 AM PDT by the_Watchman
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To: SeekAndFind

The biggest shame about this trial is that because Zimmerman will be acquitted in spite of the efforts of the judge, we won’t get to see the judge utterly humiliated by the court of appeal for all her crazy rulings. If I were O’Mara, and I am not, he is way too milquetoast for my taste, I would bring her up on ethics charges and begin a campaign to get her off the bench for incompetence. There are pro-prosecution judges and then there are judges whose presiding over a case constitutes a violation of due process. She is the latter.


24 posted on 07/10/2013 9:46:21 AM PDT by Defiant (In the next rebellion, the rebels will be the ones carrying the American flag.)
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To: Yo-Yo

The judge said any 7 year old could get in and hack a phone. However, Trayvon’s phone was double encrypted, and the texts were hidden in folders. West told the judge that the state of Florida couldn’t get into them, how could a 7 year old? She stormed off the bench.


25 posted on 07/10/2013 9:48:32 AM PDT by Defiant (In the next rebellion, the rebels will be the ones carrying the American flag.)
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To: SeekAndFind

Another black-robed witch with her own agenda—thwarting justice is this tyrants goal. We saw it with the Simpson trial, when everybody from the judge, to the jury, to those that gathered the evidence knew OJ was the killer of two defenseless people. In this case, Martin was the aggressor and the guilty one that attacked Zimmerman. Zimmerman has the means to defend himself and used it wisely. Too bad Goldman didn’t have a gun. OJ may have been the one buried.


26 posted on 07/10/2013 9:50:29 AM PDT by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
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To: E. Pluribus Unum
Bush's fault.

(Jeb appointment).

27 posted on 07/10/2013 9:52:28 AM PDT by Defiant (In the next rebellion, the rebels will be the ones carrying the American flag.)
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To: SeekAndFind

The fat, ugly, liberal hack Judge is a joke! The only reason she let in the
pot evidence into trial is because the State medical examiner opened
the door by mentioning it in his testimony. She had no choice.


28 posted on 07/10/2013 9:56:17 AM PDT by tennmountainman
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To: Irenic

Yes! And then just have the store owners stand outside their establishments, handing out their goods to inner city people to help stave off violence and looting.


29 posted on 07/10/2013 9:57:12 AM PDT by FrdmLvr (Qui pacem, praeparet bellum.)
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To: Lucky9teen

LMAO!!!!!


30 posted on 07/10/2013 9:59:08 AM PDT by FrdmLvr (Qui pacem, praeparet bellum.)
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To: cyn
Thanks for info & links.

You are most welcome. Compelling isn't it.

31 posted on 07/10/2013 10:01:41 AM PDT by SilverMine (silver@mainetv.net)
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To: Lucky9teen

Nice, I’m thinking about putting up a sign in our neighborhood that says:

“Abandon all hope, ye who enter here”,

but somehow I don’t think they read Dante’s Inferno...


32 posted on 07/10/2013 10:06:37 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: Yo-Yo
because there was no way to authenticate that they were actually sent by Travon, instead of some third party who had access to his phone.

This type reasoning has come up in trials before:

From the Alameda County DA's office:

In a murder trial, the defense attorney was cross-examining a pathologist.

Attorney: Before you signed the death certificate, had you taken the pulse?

Coroner: No.

Atty: Did you listen to the heart?

Cor: No.

Atty: Did you check for breathing?

Cor: No.

Atty: So, when you signed the death certificate, you weren't sure the man was dead, were you?

Cor: Well, let me put it this way. The man's brain was sitting in a jar on my desk. But I guess it's possible he could be out there practicing law somewhere.


33 posted on 07/10/2013 10:23:25 AM PDT by eddie willers
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To: fwdude

This is obumbler’s aMeriKa. They make rules as they want too.


34 posted on 07/10/2013 10:28:48 AM PDT by ncfool (Obama's aMeriKa 2012 The land of entitlement for the 51% crowd.)
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To: SeekAndFind

The cellphone and Zimmerman’s Kel-Tech were both at the scene. The State looked inside Kel-Tech and reported what it found yet, the State refuses to report what it found inside the cellphone.


35 posted on 07/10/2013 10:47:36 AM PDT by fso301
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To: SeekAndFind

Ultimately no effect.

What you don’t know is often more frightening than what you do, we’ve found lately.


36 posted on 07/10/2013 11:17:36 AM PDT by LurkedLongEnough
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To: E. Pluribus Unum

Reversible error if there is.


37 posted on 07/10/2013 11:35:28 AM PDT by Jeff Winston
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To: E. Pluribus Unum

I haven’t been watching; I get all my news from FR. I live in LA, so I’ve seen juries do some crazy things. But at least Zimmerman appears to have competent defense counsel - which makes him luckier than most defendants!


38 posted on 07/10/2013 12:34:12 PM PDT by karnage
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