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Zimmerman trial judge strikes detective statements
cbc ^ | Jul 2, 2013 1:54 PM ET

Posted on 07/02/2013 11:31:19 AM PDT by BenLurkin

Bernie de la Rionda began by asking the judge to strike from the record a statement Det. Chris Serino made Monday in which he said he found credible Zimmerman's account of how he got into a fight with Trayvon Martin. De la Rionda argued the statement was improper because one witness isn't allowed to give an opinion on the credibility of another witness. Defence attorney Mark O'Mara argued it was proper because Serino was vetting Zimmerman's veracity in his probe.

Judge Debra Nelson told jurors to disregard the statement.

"This is an improper comment," the judge said.

(Excerpt) Read more at cbc.ca ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events; US: Florida
KEYWORDS: georgezimmerman; martin; trayvonmartin; zimmerman
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To: tanknetter

Yes, the Judge’s admonishment is “Don’t think about elephants.” Now the jury will think about nothing but elephants.


21 posted on 07/02/2013 11:43:40 AM PDT by henkster (The 0bama regime isn't a train wreck, it's a B 17 raid on the rail yard.)
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To: Tenacious 1

Move to dismiss yes.

Decline to put on evidence....I don’t know about that.


22 posted on 07/02/2013 11:44:49 AM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both)
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To: BenLurkin

It doesn’t matter. The jury heard it. That’s what mattered most (assuming that the jury is rational and not literally prejudiced).


23 posted on 07/02/2013 11:44:57 AM PDT by Teacher317 (The public is being manipulated to fleece the taxpayer. That is the real industry in Washington.)
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To: CrappieLuck

“Objection your honor. My witness is detrimental to my case”

So far that pretty much describes it.

He’s directed from higher ups, to prosecute.

He says “Okay boss. We’ll do the best we can with what we have got.”

But you can’t make chicken salad out of chicken sh!t

Old Chinese proverb.


24 posted on 07/02/2013 11:45:20 AM PDT by truth_seeker
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To: BenLurkin

LOL!
This corrupt judge is STILL trying to fix this charade?

/ facepalm


25 posted on 07/02/2013 11:46:24 AM PDT by Lancey Howard
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To: henkster

Hmmm... a plan to force a mistrial to let the prosecution off the hook rather than a “not guilty” verdict?


26 posted on 07/02/2013 11:46:39 AM PDT by kevkrom (Obama: less class than Bill Clinton)
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To: BenLurkin
Police officer was giving his own opinion as a Police Officer.

No reason to 'strike' it.

27 posted on 07/02/2013 11:49:43 AM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: Lancey Howard
This reminds me of the Paul Newman movie where the ‘fix was in’ in a civil case and Newman brought in a nurse, the judge struck the entire testimony but the jury still ruled for Newman's client.
28 posted on 07/02/2013 11:52:37 AM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: fortheDeclaration

“The Verdict”

A solid portrayal of personal injury litigation.


29 posted on 07/02/2013 11:54:22 AM PDT by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both)
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To: kevkrom

Mistrial motions must be made contemporaneously with the occurrence. You can’t ask for a mistrial the day after. I don’t know whether Florida law allows a judge to call a mistrial “sua sponte,” meaning “this farce has gone on long enough and I’m red-flagging the race.” But I doubt she will do that.

For her to call a mistrial, the state is going to have to deliberately throw a “harpoon,” the kind of question that elicits and answer so prejudicial that no appellate court would let the conviction stand. Typical harpoons involve questions relating to a defendant’s prior criminal record. In this case, it could be the prosecutor stating “We had an expert who was going to say it was poor little Trayvon calling for help, but the Judge wouldn’t let you hear it.”


30 posted on 07/02/2013 11:57:23 AM PDT by henkster (The 0bama regime isn't a train wreck, it's a B 17 raid on the rail yard.)
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To: BenLurkin
Once it said "yes" will always be yes...!

Matthew 5:37 (NKJV)

37 But let your ‘Yes’ be ‘Yes,’ and your ‘No,’ ‘No.’ For whatever is more than these is from the evil one.


31 posted on 07/02/2013 11:59:14 AM PDT by hamboy
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To: BenLurkin; All

“De la Rionda argued the statement was improper because one witness isn’t allowed to give an opinion on the credibility of another witness.”

Wrong, because Zimmerman isn’t a witness yet, and will likely never take the stand.


32 posted on 07/02/2013 12:11:28 PM PDT by WL-law
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To: clintonh8r

I think the objection must have been that the testimony invaded the province of the jury. It’s like the “ultimate issue” objection.
But, not only did the State waive the objection by failing to assert it in a timely manner, the testimony only stated the detective’s opinion (which, as an expert, he should be permitted to articulate). IOW, he said he believed it was credible, not that it was credible.


33 posted on 07/02/2013 12:11:36 PM PDT by BIV (typical white person)
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To: BIV

Do you believe any of the judge’s rulings could be the basis of an appeal?


34 posted on 07/02/2013 12:24:49 PM PDT by clintonh8r ("Europe was created by history. America was created by a philosophy." Baroness Thatcher)
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To: BenLurkin

What has been heard cannot be unheard.


35 posted on 07/02/2013 12:26:00 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Tenacious 1
As soon as the Prosecution rests, the defense should move for a dismissal of the case based on lack of evidence.

Judge's response will sort of depend on whether she wants just her family threatened and house burned down or wants the threats and gasoline spread out among the families and homes of the jury. That specter is after all the entire basis for this prosecution.

36 posted on 07/02/2013 12:26:16 PM PDT by katana (Just my opinions)
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To: BenLurkin

I keep waiting for them to present some evidence, ANY evidence, that would prove anything but self defense.


37 posted on 07/02/2013 12:28:13 PM PDT by Veggie Todd (What difference does it make?)
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To: mc5cents

The witness speaks, and, having spoke, moves on: nor all your objections nor complaining shall lure him back to cancel testimony, nor all the Judge’s tears wash out a word of it.


38 posted on 07/02/2013 12:28:50 PM PDT by JPG (Stay strong.)
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To: C210N
The cherry on top is making sure these jurors think this was a special statement noteworthy of remembrance to begin with, instead of just passing over it relatively unnoticed...

"What Statement?" - Juror #4

39 posted on 07/02/2013 12:46:15 PM PDT by Tenacious 1 (If the government told us to expect rain, I'd schedule an outdoor wedding.)
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To: BenLurkin
Decline to put on evidence....I don’t know about that.

I was being dramatic. I might be nervous if I were the defense, however. What must be the prosecution's motive for subverting their own case? They must be working toward a, "all that doesn't matter" prosecution. I can't fathom what glove that won't fit they must be working toward.

Either they are intentionally throwing the case, or someone important insisted they take this to court. What's the line in Vegas anyway?

40 posted on 07/02/2013 12:49:28 PM PDT by Tenacious 1 (If the government told us to expect rain, I'd schedule an outdoor wedding.)
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