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Ken Lester named new judge in Zimmerman murder case
Orlando Sentinal ^ | 4/18/2012 | Rene Stutzman

Posted on 04/18/2012 3:06:01 PM PDT by Aunt Polgara

SANFORD – Circuit Judge Kenneth Lester, Jr., who's been on the bench 15 years and has a great deal of experience with high-profile murder cases, on Wednesday was assigned the George Zimmerman murder case.

It was originally given to Circuit Judge Jessica Recksiedler, but she recused herself Wednesday after Zimmerman's attorney asked her to step aside because of a possible conflict of interest: Her husband is the law partner of Mark NeJame, who's been hired to comment on the case for CNN.

(Excerpt) Read more at articles.orlandosentinel.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Florida
KEYWORDS: georgezimmerman; marknejame; recksiedler; recusal; trayvon; trayvonmartin; zimmerman; zimmermanjudge
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Lots more info about the new judge at the link.
1 posted on 04/18/2012 3:06:15 PM PDT by Aunt Polgara
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To: Aunt Polgara

Why?

Are judges afraid?


2 posted on 04/18/2012 3:11:45 PM PDT by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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To: Chickensoup

Why, What? I’m sorry to be dense, but I don’t understand what you mean by “Why?”

To your second question, wouldn’t you be afraid?


3 posted on 04/18/2012 3:15:49 PM PDT by Aunt Polgara
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To: Aunt Polgara
He shot and killed Trayvon Martin, an unarmed black 17-year-old Feb. 26, as the teenager walked through Zimmerman's Sanford neighborhood

Gee, no bias there.....

4 posted on 04/18/2012 3:18:11 PM PDT by HerrBlucher (“He’s got an enemies list that would make Richard Nixon proud.”)
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To: Aunt Polgara

Why are there new judges?

The conflict of interest seemed minimal to none for the first judge.

The second and their declined.

Why?


5 posted on 04/18/2012 3:19:18 PM PDT by Chickensoup (In the 20th century 200 million people were killed by their own governments.)
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To: Aunt Polgara
He shot and killed Trayvon Martin, an unarmed black 17-year-old Feb. 26, as the teenager walked through Zimmerman's Sanford neighborhood.

The MSM just can't help themselves libeling Zimmerman.

If the evidence demonstrates that Zimmerman shot Martin while Martin was on top of him pummeling him, and not "walking through the neighborhood" then you can add the Orlando Sentinel to the list of media organizations exposed to damages from defamation.

6 posted on 04/18/2012 3:19:47 PM PDT by Meet the New Boss
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To: maggief; Cboldt; 2ndDivisionVet; rolling_stone; little jeremiah; kristinn

FYI


7 posted on 04/18/2012 3:23:31 PM PDT by hoosiermama
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To: Chickensoup
As for the first judge, in such a high profile case, there can't be even the smallest indication of possible bias. I would imagine that she was happy to not be in charge of this case.

As for the second judge, there is more than enough evidence of possible bias:

>>All criminal cases in Seminole County are assigned by chance, based on a rotation system. Next up in that rotation was Circuit Judge John Galluzzo. He, though, could not accept the case because he formerly practiced law with Zimmerman's attorney, Mark O’Mara.

O’Mara is also the godfather of one of Galluzzo’s four children.<<

8 posted on 04/18/2012 3:24:52 PM PDT by Aunt Polgara
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To: Chickensoup

I think her attorney husband works with one of the defense consultants or TV analysts assigned to the case.


9 posted on 04/18/2012 3:25:10 PM PDT by neodad (USS Vincennes (CG-49) Freedom's Fortress)
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To: hoosiermama

Anyone know anything about this judge?


10 posted on 04/18/2012 3:27:26 PM PDT by trappedincanuckistan (livefreeordietryin)
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To: Chickensoup
Why?

Perhaps there are some clues in the article.

11 posted on 04/18/2012 3:27:26 PM PDT by Fundamentally Fair (Pictionary at the Rorschach's tonight!)
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To: Aunt Polgara

He sounds good; I’m cautiously optimistic. He graduated from Boone too, where hubby went :)

But...he’s a Gator. alas...


12 posted on 04/18/2012 3:30:54 PM PDT by spacejunkie2001
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To: spacejunkie2001

At least he doesn’t seem easily intimidated.


13 posted on 04/18/2012 3:32:54 PM PDT by Aunt Polgara
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To: spacejunkie2001

re: Gators

Someone has to be........

Go Canes!


14 posted on 04/18/2012 3:33:37 PM PDT by MindBender26 (New Army SF and Ranger Slogan: Vengeance is Mine, sayeth the Lord.... but He subcontracts!)
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To: Aunt Polgara

agree. sounds like he ‘could’ rule by the law! go figure.

is he the one that hears evidence about stand your ground too?


15 posted on 04/18/2012 3:35:32 PM PDT by spacejunkie2001
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To: trappedincanuckistan
Follow the link. Quite a bit of information there including:

The judge's daughter, Alexandra Lester, 26, a member of the Florida Bar, said she has never saw (sic)her father agonize over a ruling.
"He basically told me it should not be hard to make the right decision if you follow the law," she said.

16 posted on 04/18/2012 3:36:01 PM PDT by hoosiermama
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To: spacejunkie2001
-- is he the one that hears evidence about stand your ground too? --

He will be the one who decides the motion for grant of immunity. There is no "duty to retreat" element in this case, by either side.

17 posted on 04/18/2012 3:38:14 PM PDT by Cboldt
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To: MindBender26

Go Noles! :)


18 posted on 04/18/2012 3:38:24 PM PDT by spacejunkie2001
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To: Chickensoup

“Why? Are judges afraid?”

Good point. Just in this story, they posted everything short of his street address.


19 posted on 04/18/2012 3:43:51 PM PDT by BobL
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To: Cboldt

the grant of immunity is for the SYG statute where Z can claim his innocence based on that law, correct?

If so, and the judge denies his claim, will they then go to a regular trial and he’ll be the same judge?


20 posted on 04/18/2012 3:47:49 PM PDT by spacejunkie2001
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To: Aunt Polgara
Lester is married Dorothy Sedgwick, a long-time homicide prosecutor at the State Attorney's Office in Orange County.

Will he do what the race baiters want, and hang the "white hispanic"? Or will he do like his daughter said, and decide his responsibilities in this case based on the law?

21 posted on 04/18/2012 3:49:55 PM PDT by onemiddleamerican (FUBO and all your terrorist buddies)
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To: onemiddleamerican

I’d say a family with three lawyers will follow the law....not interpret the law to their liking.


22 posted on 04/18/2012 3:56:49 PM PDT by hoosiermama
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To: MindBender26

re: Gators Someone has to be........ Go Canes!
Go Noles! !


23 posted on 04/18/2012 4:02:26 PM PDT by goseminoles
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To: Chickensoup

Why?

1. The attorney for Zimmerman asked for the first Judge to recuse herself, so clearly Zimmerman’s side thought the conflict was great enough. Thus if she had not you would probably be on here unhappy and say Zimmerman was being railroaded.

2. The second the conflict seemed even bigger to me. Godfather of the defense attorney’s kids is pretty big conflict wouldn’t you say?

So it goes to the third judge in the rotation.


24 posted on 04/18/2012 4:03:30 PM PDT by JLS (How to turn a recession into a depression: elect a Dem president with a big majorities in Congress)
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To: Aunt Polgara
It was originally given to Circuit Judge Jessica Recksiedler, but she recused herself Wednesday after Zimmerman's attorney asked her to step aside because of a possible conflict of interest: Her husband is the law partner of Mark NeJame, who's been hired to comment on the case for CNN.

Yet Kegan would not recuse.

25 posted on 04/18/2012 4:06:59 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: spacejunkie2001

Da Noles:

One of the better junior high school football teams in NW Florida.

Most FSU graduates really enjoy the 6 or 7 years they spend in Tallahassee getting their bachelors degree.

FSU is all but merged with A&M so as to improve the Noles incoming SAT average....

(Please do not bomb my house.... I’m from UM in the 60s; the best college football team money could buy!

:)


26 posted on 04/18/2012 4:08:45 PM PDT by MindBender26 (New Army SF and Ranger Slogan: Vengeance is Mine, sayeth the Lord.... but He subcontracts!)
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To: spacejunkie2001
-- the grant of immunity is for the SYG statute where Z can claim his innocence based on that law, correct? --

The grant of immunity is under a statute titled "Immunity from criminal prosecution and civil action for justifiable use of force." (F.S. 776.041). That statute, in turn, refers to F.S. 776.012, "[Justifiable] Use of force in defense of person."

776.012 includes a recitation that a person has no duty to retreat, but under Zimmerman's account, he is physically restrained so can't be held to that duty.

-- If so, and the judge denies his claim, will they then go to a regular trial and he'll be the same judge? --

Yes, and yes.

27 posted on 04/18/2012 4:10:32 PM PDT by Cboldt
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To: Aunt Polgara

Galluzo has no conflict??


28 posted on 04/18/2012 4:10:36 PM PDT by Sacajaweau
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To: MindBender26

Have heard all of those about KENTUCKY basketball, (and U of L) plus a few more.


29 posted on 04/18/2012 4:13:12 PM PDT by hoosiermama
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To: Sacajaweau

>>Galluzo has no conflict??<<

Yes, that’s why he recused himself without waiting for a motion from one of the attorneys.


30 posted on 04/18/2012 4:15:45 PM PDT by Aunt Polgara
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To: MindBender26

Now...ahem...where is it you live!?

haha

I’m in WP by the way. I think you’re pretty close by. I don’t take much offense to nole jokes; I went to Rollins!


31 posted on 04/18/2012 4:15:59 PM PDT by spacejunkie2001
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To: MileHi

I don’t think anybody can come along and overturn Kegan’s finding. We just have to trust her.


32 posted on 04/18/2012 4:17:23 PM PDT by Cyber Liberty (The only flaw is that America doesn't recognize Cyber's omniscience. -- sergeantdave)
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To: Cboldt

thanks again!


33 posted on 04/18/2012 4:21:59 PM PDT by spacejunkie2001
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To: Cyber Liberty
I don’t think anybody can come along and overturn Kegan’s finding.

All the more reason to recuse

We just have to trust her.

Not one bit.

34 posted on 04/18/2012 4:31:25 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Aunt Polgara

Is Judge Ito still on the bench? lol...well, it’s not in his jurisdiction anyway. Thankfully. The last thing we need is a grandstanding judge.


35 posted on 04/18/2012 4:31:37 PM PDT by citizen (Romney doubters: Better check your Obama yard sign. The neighbor dog just took a leak on it...again.)
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To: Cboldt; DJ MacWoW; trisham; RedMDer

Thanks very much for the information.


36 posted on 04/18/2012 4:40:52 PM PDT by onyx (SUPPORT FREE REPUBLIC, DONATE MONTHLY. If you want on Sarah Palin's Ping List, let me know.)
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To: FReepers; FRiends


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37 posted on 04/18/2012 4:42:13 PM PDT by onyx (SUPPORT FREE REPUBLIC, DONATE MONTHLY. If you want on Sarah Palin's Ping List, let me know.)
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To: Aunt Polgara

Judges deal with gang members who hate their guts all the time. They are not fearful people or they would not be judges. If anyone dares threaten a judge, that will be a huge problem for them.

The racists can threaten a regular citizen as long as he is a white hispanic guy, but not the “important” people of life. Black racists know this.

I think the prosecutor over charged Zimmerman to soothe the savage beast but in over charging him with the most flimsy excuse she could write up, the judge will probably dismiss the case. Black leaders will call for the end of self defense as retribution for the death of the skittles boy. They will also try to ram through anything they want in the name of ending “racial profiling” like enforcing immigration and voter id laws. They will start race baiting for prision race quotas (make it racist to sentence blacks to prision.)

The anti-white male witch hunt has not worked out for liberals as well has they had hoped. They have made lying donkeys of themselves. It’s like fast and furious did not work out so well for the fascists when Holder got caught being the Mexican gun runner as he was planning to blame it on gun store sellers to justify cracking down on and controling gun sales through national registration.


38 posted on 04/18/2012 4:44:35 PM PDT by SaraJohnson
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To: Chickensoup

If only they had explained “why” earlier in the article. Indeed, they didn’t get to the explanation until all the way to the third sentence.


39 posted on 04/18/2012 4:49:21 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: trappedincanuckistan

If there were only some way to find out if there was more about the judge in that article than just that short excerpt.


40 posted on 04/18/2012 4:52:45 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: jiggyboy

You could always google the judge’s name. :-)


41 posted on 04/18/2012 4:56:47 PM PDT by Aunt Polgara
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To: SaraJohnson

>>I think the prosecutor over charged Zimmerman to soothe the savage beast but in over charging him with the most flimsy excuse she could write up, the judge will probably dismiss the case. <<

You have a lot more faith in human nature than I do.


42 posted on 04/18/2012 4:58:19 PM PDT by Aunt Polgara
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To: hoosiermama

43 posted on 04/18/2012 5:07:15 PM PDT by Bratch
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To: SaraJohnson
They are not fearful people or they would not be judges.

And then there's the Judge. Concealed beneath the robes. It takes the worry out of being close (to a gang banger):


44 posted on 04/18/2012 5:08:22 PM PDT by Nervous Tick (Trust in God, but row away from the rocks!)
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To: Cboldt; spacejunkie2001
You might want to cite 776.032 as well ... ;-)

The 2011 Florida Statutes

Chapter 776 JUSTIFIABLE USE OF FORCE

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer.

As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

45 posted on 04/18/2012 5:24:00 PM PDT by Tunehead54 (Nothing funny here ;-)
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To: Tunehead54

Heheh - oops. Thank you for correcting my cite.


46 posted on 04/18/2012 5:43:08 PM PDT by Cboldt
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To: Cboldt
The grant of immunity is under a statute titled "Immunity from criminal prosecution and civil action for justifiable use of force." (F.S. 776.041). That statute, in turn, refers to F.S. 776.012, "[Justifiable] Use of force in defense of person.

"Immunity from criminal prosecution and civil action for justifiable use of force" is Florida Statutes 776.032. It, 776.012, and 776.041, are all part of Chapter 776, which is "Justifiable Use of Force." Much, but not all, of that Chapter, came from the Stand Your Ground Act of 2005.

Florida Statutes 776.041 is titled "Use of force by aggressor" and isn't going to be the relevant statute unless Zimmerman was the aggressor. If he wasn't, then Florida Statutes 776.012 stands on its own.

If Zimmerman was not the aggressor, F.S. 776.012(1) states:

[A] a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself[.]

If the party claiming justifiable use of force was the aggressor, then Florida Statutes 776.041(2) ("Use of force by aggressor') is relevant:

The justification described in the preceding sections of this chapter [776] is not available to a person who: . . .

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.


47 posted on 04/18/2012 5:44:28 PM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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To: Aunt Polgara

I bet they will have a lot of trouble seating a jury if this go trial.


48 posted on 04/18/2012 6:08:06 PM PDT by CentralTexasAg
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To: Scoutmaster
IIRC the medical record shows that the injury included a concussion, then it can be used to show that he may have had problems because of the injury.

Mayo:
A concussion is a traumatic brain injury that alters the way your brain functions. Effects are usually temporary, but can include problems with headache, concentration, memory, judgment, balance and coordination

49 posted on 04/18/2012 6:13:52 PM PDT by hoosiermama
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To: Meet the New Boss

“you can add the Orlando Sentinel to the list of media organizations exposed to damages from defamation. “

Yeah,,, but doesn’t GZ have to prove “willful” intent? The Sentinal will prevaricate, and say they were relying on other news reports, I would think,,,,,


50 posted on 04/18/2012 6:32:21 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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