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Prosecutor: Zimmerman trying to 'co-opt the mantle of victimhood' from Trayvon Martin
The Orlando Sentinel ^ | December 10, 2012 | Jeff Weiner

Posted on 12/10/2012 12:36:19 PM PST by Uncle Chip

Edited on 12/10/2012 2:31:37 PM PST by Admin Moderator. [history]

In a blistering response to a recent filing by George Zimmerman's defense team, prosecutor Bernie de la Rionda accuses the second-degree murder defendant of attempting "to co-opt the mantle of victimhood for himself."

Zimmerman's legal team had asked Circuit Judge Debra Nelson to force an attorney for the family of Trayvon Martin, the Miami Gardens teen shot by Zimmerman Feb. 26 in Sanford, to turn over a recorded interview of a witness described as the teen's girlfriend.


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


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: trayvonmartin; zimmerman
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To: HawkHogan

Dee Dee is still around, right?

I would hope that they would:

1) Depose her
2) Compare her testimony to the Krump tape
3) Call her as a witness (I think she is such a train wreck, the prosecution probably won’t call her)

I know nothing about legal proceedings; but, this all seems logical to me...unless the prosecution does not bring up her account at all...then I suppose the defense would be best served to leave her out of it as well.


51 posted on 12/10/2012 3:18:57 PM PST by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: HawkHogan

I have no legal experience whatsoever, but wouldn’t the defense have every right to interview DeeDee in consideration of possibly calling her as a witness, AND have the right to see a statement she gave near the time of the killing, to see if her statements are consistent?


52 posted on 12/10/2012 3:19:49 PM PST by heartwood
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To: Scoutmaster

“We know Martin didn’t buy tea.”

Yep, the evidence phot shows ‘Arizona Watermelon Fruit Juice Cocktail’.

Its a small detail...but it shows how the prosecution has gotten wrapped up in the media frenzy, and ignores its own evidence photos.

Until the end of time, the meme will be ‘tea and skittles’


53 posted on 12/10/2012 3:29:50 PM PST by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: kanawa

The best way to do it if possible is to read the OS article from other newsources — like the LA Times or Chicago Tribune.


54 posted on 12/10/2012 3:34:01 PM PST by Uncle Chip
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To: Uncle Chip

“I hope this prosecutor will lose his job, be sued for everything he has”

Thanks to several supreme court decisions, suing a prosecutor has been made next to impossible (ask the Duke lacrosse team if you think otherwise).

“We have to protect the independence of our prosecutors”, is the court’s line.


55 posted on 12/10/2012 3:37:51 PM PST by CondorFlight (I)
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To: Scoutmaster

Wow, I just listened to la Rionda’s interview of Dee Dee. She only knows what she heard in the media:

1. Mentions he said he bought iced tea
2. Said he wanted to get home to watch the rest of the NBA All Star game

Both of these are false - the beverage wasn’t tea, and the game hadn’t yet even started. But, both items were widely reported in the media.


56 posted on 12/10/2012 3:47:07 PM PST by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: HawkHogan
-- I'm new in my law school career, but with regards to the discovery process, I don't even think the courts allow to admit a third hand account. --

Discovery is wide ranging, and seeks evidence which may be relevant. Relevancy and admissibility are two -VERY- different standards. Much discoverable material isn't admissible, for one reason or another.

-- I'm pretty sure if they are going to use the DeeDee evidence, that have to provide the actual conversation to the defense team, and not just Krump's account. --

The issue here is the quality of what is represented as a contemporaneous audio recording of an interview with DeeDee. Assume for the sake of argument that the state never turns over the recorded evidence, but introduces DeeDee at trial, and she is allowed to testify. The only risk to the state is retrial, on the basis that defense was denied evidence that might be used to impeach DeeDee's trial testimony.

IOW, the "actual evidence" at trial will come from a personal appearance by DeeDee. The recorded interview has play in that, in that it limits how much she can now change her story.

57 posted on 12/10/2012 4:00:37 PM PST by Cboldt
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To: chris37

“Florida republicans are a particularly yellow breed indeed.”

Yeah, the only Florida Republican with any stones was Alan West, and the voters of Florida decided they didn’t need a man with principles in office, so they voted him out. Hence, that is the story of why Florida went for Obamugabe the last two elections.


58 posted on 12/10/2012 4:05:03 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Uncle Chip; kanawa
-- The best way to do it if possible is to read the OS article from other newsources -- like the LA Times or Chicago Tribune. --

I use a primitive text-only browser, most of the time. It's called "lynx," but there are others. I use firefox and chrome too, but quite a bit of what I enjoy is just reading, and there are far fewer distractions in a text-only environment.

Anyway, my primitive browser is too stupid to see the OS website paywall. When I get the paywall blocker in firefox, I just cut 'n' paste the URL into lynx.

59 posted on 12/10/2012 4:06:27 PM PST by Cboldt
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To: chris37

“Florida republicans are a particularly yellow breed indeed.”

Yeah, the only Florida Republican with any stones was Alan West, and the voters of Florida decided they didn’t need a man with principles in office, so they voted him out. Hence, that is the story of why Florida went for Obamugabe the last two elections.


60 posted on 12/10/2012 4:09:26 PM PST by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Uncle Chip

They got a brown guy to attack the white brown guy witch? Gosh, liberal race hate is so diversified and complicated. Who do I hate? The innocent black guy who attacked and got killed or the white brown guy who did the killin’ but who has black and white blood????? (Why Zimmerman has managed to survie with such a raging genetic liberal race war within his body, I will never understand! We need Jamie Foxx to straighten all this out...wait, is he of white and brown blood? Algore can explain the liberal race “science” to me?)

Dang, race guilt genetics “social justice” is so complicated!


61 posted on 12/10/2012 4:19:12 PM PST by SaraJohnson
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To: Uncle Chip
I used this,
THE TRAYVON MARTIN PROSECUTOR'S WHINE,
which contains a link to the OS article.

Then posted the set of relevant motions...

Defendant's Motion to Compel Production of Evidence from Third-Party

STATE'S RESPONSE TO DEFENDANT'S MOTION TO COMPEL PRODUCTION OF EVIDENCE FROM THIRD-PARTY

MR. ZIMMERMAN'S REPLY TO STATE'S RESPONSE TO DEFENDANT'S MOTION TO COMPEL PRODUCTION OF EVIDENCE FROM THIRD PARTY

62 posted on 12/10/2012 4:21:31 PM PST by kanawa (FB-- Save George Zimmerman from racial onslaught)
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To: lacrew
<>Mentions he said he bought iced tea<>

Actually it is "leading her on" Bernie who puts those words in her mouth:

"Dee Dee: When he was leaving the store, he just told me that he bought drinks…

[then later]

"BDLR: OK, thank you. Um…I think I already asked you, but let me make sure…he did tell you what he was at the store…the store where he had gotten candy or something, and you said iced tea, right?

Dee Dee: Yes.

She never said "iced tea" [or even "Skittles"]. Bernie said "iced tea" and she agreed like a good coached and tampered witness.

63 posted on 12/10/2012 4:42:20 PM PST by Uncle Chip
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To: kanawa
OS wanting money now to read their articles. Too bad, I’ve linked a lot of folks to their pages...no more.

OS gives you a certain number of free reads before they start charging. They know how many times you have gone to their site by putting a cookie on your computer. It's always a good idea to clean out your cookies from time to time, but you may have to redo some things after your clean out the cookies.

64 posted on 12/10/2012 4:44:45 PM PST by Aunt Polgara
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To: Cboldt
When I get the paywall blocker in firefox, I just cut 'n' paste the URL into lynx.

Shhhhhhhhh -- not so loud.

65 posted on 12/10/2012 4:47:57 PM PST by Uncle Chip
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To: Uncle Chip

What a stupid statement by the prosecutor. The idiot thinks liberal statements trumps law.


66 posted on 12/10/2012 5:06:44 PM PST by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off.)
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To: pogo101

I second that thought! If ever there was a team dedicated to fixing a trial, this is it.


67 posted on 12/10/2012 5:15:41 PM PST by maxwellsmart_agent
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To: ought-six

Yeah, I am disgusted with my state, honestly.

I absolutely love Alan West. Love and respect. I wish I had the opportunity to vote for him.

But it seems to me that florida republicans in general just are not...they aren’t really anything at all outside of yellow.

I don’t even have any respect for Rubio. Not jeb Bush, then there was Crist, whatever the Hell he/ she is...Angela Corey, the Senate leader whose name escapes me at this time, Rick Scott who has accomplished not a damn thing.


68 posted on 12/10/2012 5:21:08 PM PST by chris37 (Heartless.)
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To: heartwood; Cboldt

I believe that’s what Cbolt was discussing in his response to me. If the prosecution is going to use the tape evidence of Deedee, then the defense team is entitled to that evidence before the trial.

Regardless, if Deedee is a key witness of the prosecution, they will call her at trial, and the defense team can cross examine.

Honestly, from what I’ve been reading about Deedee, the prosecution may not want to use her testimony at all.

Like I said, I’m in my first semester, so I’m brand new to this stuff. However, I can definitely tell you that one of my professors gave an MSNBC recount of the Zimmerman incident. I was pretty disgusted, but not surprised.


69 posted on 12/10/2012 5:22:16 PM PST by HawkHogan
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To: HawkHogan
-- If the prosecution is going to use the tape evidence of Deedee, then the defense team is entitled to that evidence before the trial. --

The defense is entitled to it, period (under FL rules of Criminal Procedure), regardless of whether or not the state has any plan or intention to use, refer to, or produce the audio at trial.

I'd have to research, but I think that the general rule, aside from FL open discovery, is that the state can sandbag defendant, that is, produce inculpatory evidence for the first time, at trial. This isn't generally done, but it's not a violation.

-- ... one of my professors gave an MSNBC recount of the Zimmerman incident ... --

I got out of law school in 1998. 80% of the class was liberal, 40% was "Guild level liberal," and you'll figure out what that means, in due course. The professors were mostly liberal too - but get them off the political schtick, they are there to give you an education, not an indoctrination. I used to have fun showing them how the casebooks erred, typically by omission. Spend lots of time reading cases - the whole thing, not the excerpts assigned. Usually, but not always, the casebook does a great job of excerpting. Oh, it is also illuminating to read the trial case material, sometimes. You may be disappointed to learn that appellate judges are agenda driven, and prone to cherry-pick, etc.

If you stick with it, and apply yourself, the law school experience will work a profound change in the way you view the world - and in a way that will certainly be good for you, personally. Better to know how things really work, than to adhere to some false impression.

70 posted on 12/10/2012 5:42:25 PM PST by Cboldt
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To: Cboldt

Thank you for the advice. I’d at a more conservative school I think, at least relative to other law schools, so I’ve actually made a couple good friends already who are conservative like me (just nowhere near as right).

My teachers actually haven’t been too bad with the liberal slant in any of my classes. Now and then, a teacher will throw in a jab at Scalia, or recant the bogus version of the Zimmerman incident. Overall, they actually do a pretty good job of keeping their politic viewpoints out of the classroom, but like I said, it’s probably because my school leans conservative.

I’m constantly annoyed by the NLG and their attempt to present themselves as a partisan group. From what I’ve researched, the NLG was named by McCarthy as a full-blown communist group, and don’t think they’ve really ever changed their ways.

During the election season, they were posting nonsense to our class’s Facebook page in search of election monitors due to “conservative suppression of the vote.”

Sorry, for going off-topic.


71 posted on 12/10/2012 9:07:57 PM PST by HawkHogan
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To: wideawake

Don’t you remember the initial presser with the prosecutors? The woman whose name eludes me said she wanted “Justice for Trayvon.” At that point she should have been yanked off the case.

A prosecutor is supposed to seek justice. Period. For Trayvon, For George. For the community. A prosecutor is not supposed to quote and swallow Al Sharpton’s perspective hook, line and sinker.


72 posted on 12/10/2012 9:14:41 PM PST by EDINVA
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To: lacrew

Thanks for the details.


73 posted on 12/11/2012 5:41:48 AM PST by Scoutmaster (You knew the job was dangerous when you took it)
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