Posted on 07/11/2013 4:59:59 AM PDT by Uncle Chip
Today, July 11th, is DAY #23 (of 5th week) State of Florida V. George Zimmerman case.
Yesterday the defense rested its case. A legal analysis via Professor Jacobson HERE.
From my perspective the entire case ended, as expected, early in the day yesterday when Judge Nelson gave George Zimmerman his personal Platinum Express DCA Acquittal Card. The ruling, and more importantly the legal determination she used on the ruling, regarding the Trayvon Martin phone evidence was an immediate Nuclear DCA option. Nelson essentially ruled against admissibility based on ”authentication”. She could have kept it out under other legal reasoning, but no, she chose the one without the slightest chance of being upheld by a District Court of Appeals. IMHO this was intentional and aligns itself with the way she has ruled during the pre-trial discovery phase, and during the case itself. She’s a rigid ideologue, but she’s not stupid – this was intentional.
By ruling the phone records (texts and pics from Trayvon) cannot be “authenticated” to have originated by the specific personage of Trayvon Martin just gave the dismissal of the case to George Zimmerman with a bow on it.
As it was carefully explained to me, the phone is like a bucket. The data inside the phone is like marbles in a bucket. Some marbles from calls, others from pictures, others from texts, etc. The State brought the bucket into court – and validated the bucket contents with their own witness from the phone company – Both the State and the defense then began arguing their case around the phone call marbles in the bucket – Primarily with Rachel Jeantel. But no-one challenged the bucket itself. The State authenticated the bucket and the content of the bucket during the introduction.
The defense picks up the same bucket the state hands them, and now begins to use the contents – texts and pictures – and then Nelson rules the bucket itself cannot be authenticated. It doesn’t work that way.
If the state authenticates evidence, it cannot be divided and only authentic when the state holds it, but not the defense. Flawed logic – ABSOLUTELY positioned to give such a prejudicial outcome, the appeal would result in dismissal, not retrial. Nelson gave the case away to George Zimmerman.
She could have ruled on relevance, admissibility, or other factors – but she chose the one destined to fail, “authentication”. She gave it away.
In other news, people are catching on to the Eric Holder, Department of Justice, Civil Rights Division, Community Relations Service – being the actual puppeteers behind the entire construct of the false case. To them we say “welcome to the party pal“.
A portion does, but there are decent concerned people (a remnant, so to speak, like Jesse Peterson). But h’mm... “threatening to them” to the extent that the rest of the community keeps largely silent out of fear or apathy? Iow a black culture war.
Yes, You have a point. Doubtless there are many folks terrorized by those in the ‘black community’ who like and benefit from the drugs-n-thugs culture.
Sometimes one may wish to transport or store an unloaded firearm along with a loaded magazine. If the number of rounds one will want in the gun once it's loaded is equal to the number that fit in a magazine, the firearm and the fully-loaded magazine would represent two items one would have to handle. Adding another round would be a third item.
A more interesting question is why people carried six shooters with five rounds in them, rather than having a "parking notch" so the hammer could sit between chambers until the firearm needed to be readied for use. Until the gun is cocked for the first round, the hammer would sit between chambers rather than on a primer. Once the gun was fired, the hammer would be sitting on a spent primer. I know North American Arms uses such notches on their mini-revolvers, but it would have seemed an obvious improvement 100 years before.
I know that on my Luger I could with some effort load an extra round into the magazine but a magazine with the extra round wouldn't fit with the action closed; it would fit with the action open, but wouldn't feed very well. I suspect that was just a result of a magazine with a tiny bit more space than usual, and that it wasn't designed to hold that many rounds, but the magazine would probably only had to have been 1mm or so longer to actually hold an extra round usefully in such fashion that it could be used to charge an empty weapon with one more round than normal.
supercat: I know that on my Luger I could with some effort load an extra round into the magazine but a magazine with the extra round wouldn't fit with the action closed;...
Come on, this is abuse of the mechanism, not designed use of the magazine. Exactly what I said -- this is not a gun designed as stipulated above.
With all due respect, your answer is not an answer. It would hep you to gain more respect by capitulating on this.
I fear Central Florida is the place where Casey Anthony can let her child die unreported, go out and party for weeks, then lie to the police and FBI and get away with everything scot free! ... while Zimmerman - who by a reasonable doubt was defending himself from being killed - will be sent up the river for political correctness!
That will signal an end to Constitutional justice in the country and verify 'social justice' as the new law of the land. Then you and I will be somewhere down that list of prosecutable miscreant peasants.
What Zimmerman said he heard Martin say would be hearsay if anyone not a “first person” to that comment (Zimmerman, Martin, or anyone within earshot of the comment) was to attempt to testify to it. Conversely, Rachael was testifying as to what she heard Martin say - she was first person to those comments by Martin, she directly heard him say it. For example, Racheal’s mother couldn’t testify that Rachael heard xyz from Martin - that would be hearsay as she wasn’t a “first person” to hearing Martin say xyz. She heard it from another party. Hearsay.
I’m not aware of the status of the Serino interviews.
And you’re a fool.
“What was Skittles so paranoid about, huh?”
I’ll tell you one true life event.
My father was a civilian Martin-Marietta serving the Mace missile maintenance directed from Kadena AB, Okinawa. We were originally from Baltimore, Maryland. Every three years we returned to the US both for vacation and citizenship requirements.
While in Maryland we stayed with relatives living in Essex row houses. One day, I went for a walk.
I sensed someone was following me. I knew someone was tracking me.
I turned to confront my shadow, ready to fight.
Turned out my shadow was my next younger brother playing kid brother games.
Zimmerman should have stayed in his car and just observed till the police arrived.
Dontcha think Zimmerman wishes that was what he did? Report . . . wait . . . watch.
Don’t think so but you are entitled to your opinion.
Thanks,
But what motivated Zimmerman to get out of his car and confront someone doing nothing more than wandering over his volunteer territory?
He called in the alert to the police.
What do police across the country teach volunteer Neighbor Watch and Cellular On Patrol volunteers?
Sad but true.
Decades ago at the end of my street, horses and cattle grazed.
Now . . . John Jay High School . . . is the school of thugs and ethnic strife.
Maybe somebody from John JaY might point to why would anybody might be proud to graduate from John Jay?
First, list gang affiliations.
The most repeated quote is what . . .?
Truth?
Proven?
Fact?
Get a life.
Am I a bitch or just bitchn’t?
I’m both. Want to talk to me, start.
Don’t.
Just starting to apply online for social security.
Truth, proven, and fact. There’s a recording of it. You want to know exactly what was said? Listen to it. Want to know what the intent behind the phrase was? Listen to the testimony of the guy who said it.
Sometime truth IS objective and knowable.
Are you for real? You sound like a meme from the Martin crowd. You say, “Zimmerman should have stayed in his car and just observed till the police arrived.”
Well, pal, he was going back to his car when he got sucker punched by St. Skittles. We now know that was just an azz whoopin’. Or, haven’t you heard the latest from Ms. Jeantel?
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