rfenst
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13 years ago

those early acts of stupidity will likely cause this to hang over his head for the rest of his life. my guess is this will result in a hung jury. the state will try him again and maybe enough time will pass between the events and the second trial that he may stand a chance.

jojoc wrote:



He gets two bites at the apple: A "stand your ground" hearing" as to whether the facts are adequate to convict. The standard, I think, is low- probably "more likely than not". If he loses, he goes to trial. If he wins, the charges are dismissed, but the state can appeal.

Because this is a judicial hearing, that is why they rescued the judge.
rfenst
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13 years ago

what do you think the odds of a change of venue are? Here in Idaho, courts are very reluctant to relocate trials.

jojoc wrote:



I think the odds of a venue change should this go to trial are good. It could be very difficult to get unbiased jurors.
Papachristou
13 years ago
i am amazed at how much misinformation is out there in regards to this case and how many incorrect "facts" are floating around.

Most people i talk to:

insist Z followed T, from the 911 call it doesnt appear to be the case, he continued talking to the dispatcher for quite awhile
they dont know about the polygraph/voice stress test he took
dont know about the dope in Ts system or that the candy and tea he bought are generally used to make an iillegal drink called "lean" (tea, skittles and cough syrup)
dont know about T bragging on twitter about punching a school bus driver
dont know about Ts three school suspensions (graffiti, stolen jewelry and drug baggies)
say that Z was a wanna be cop when he actually exposed sanford PD for slothfulness, racial bias etc after going on several ride alongs
that Z mentored black students through a program and continued to do so at his own expense
that Z was recognized by black community for helping bring to light the beating of a black homeless man by a sanford pd's son

i believe Zs biggest mistake since the shooting was lying about the funds. that really makes him look bad. we'll never know what actually happened that night. I would find it hard to believe that someone with that history hates blacks and actually wanted to kill a kid.

whether it was T or Z who first mouthed off to the other, i still think it could have been defused at that point by either party. If T said hey **** why are you following me, Z could have identified himself and mentioned the recent crime spat to which T could have explained why he was there and respectively, if Z yelled at T first, T could have identified himself/where he was staying/why. No one wins at the end of the day. I know a lot of friendships have been destroyed by people taking concrete sides on this even though none of us will ever truly know for sure.

HockeyDad
13 years ago
Z got his "burn notice".
rfenst
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13 years ago

i am amazed at how much misinformation is out there in regards to this case and how many incorrect "facts" are floating around.

Most people i talk to:

insist Z followed T, from the 911 call it doesnt appear to be the case, he continued talking to the dispatcher for quite awhile
they dont know about the polygraph/voice stress test he took
dont know about the dope in Ts system or that the candy and tea he bought are generally used to make an iillegal drink called "lean" (tea, skittles and cough syrup)
dont know about T bragging on twitter about punching a school bus driver
dont know about Ts three school suspensions (graffiti, stolen jewelry and drug baggies)
say that Z was a wanna be cop when he actually exposed sanford PD for slothfulness, racial bias etc after going on several ride alongs
that Z mentored black students through a program and continued to do so at his own expense
that Z was recognized by black community for helping bring to light the beating of a black homeless man by a sanford pd's son

i believe Zs biggest mistake since the shooting was lying about the funds. that really makes him look bad. we'll never know what actually happened that night. I would find it hard to believe that someone with that history hates blacks and actually wanted to kill a kid.

whether it was T or Z who first mouthed off to the other, i still think it could have been defused at that point by either party. If T said hey **** why are you following me, Z could have identified himself and mentioned the recent crime spat to which T could have explained why he was there and respectively, if Z yelled at T first, T could have identified himself/where he was staying/why. No one wins at the end of the day. I know a lot of friendships have been destroyed by people taking concrete sides on this even though none of us will ever truly know for sure.

Papachristou wrote:



Unless tox screen shoes T was under the influence of drugs such that his faculties would have been impaired, the possible cough syrup thing is highly speculative and the THC and other pot stuff is not admissible. So to will be the other petty crimes. Punching one other person might be admissible, but only if significantly similar in circumstance. Most of the above is inadmissible in court unless the prosecution makes race a factor. Z will not start up with his own character evidence or he will open the door to every thing they know he ever did that disparages his character.
rfenst
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13 years ago
Here is an interesting tidbit:

My current part-time secretary graduated from law school several months ago and starts working at the Sanford courthouse as a prosecutor- next Monday. Her office is in the same building as the courtroom. She will be able to sit in on just about all the hearings so long as her work gets done. I am CERTAIN she will learn stuff not published in the media...
Papachristou
13 years ago
sweet, keep us informed.

I didnt mean to imply those tidbits would be admissible in court but rather that we dont get the full scope from the media to make an educated decision. they just give us the pieces that they want us to have.
rfenst
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13 years ago
Trayvon Martin's school records sought by Zimmerman attorneys

September 7, 2012, 12:50 p.m.

Defense lawyers are seeking the school records of Trayvon Martin, the black teenager shot to death earlier this year by George Zimmerman in a confrontation at a gated community in Florida.

Zimmerman is facing a second-degree murder charge in the celebrated case.

In a post on the defense website, Zimmerman’s lawyers said they have sent subpoenas to schools attended by Martin, 17, who was killed Feb. 26. Zimmerman has maintained that he shot the unarmed Martin in self-defense.

“Our first request is a series of Subpoenas for Production of Documents requesting school records for Trayvon Martin,’’ according to the post by the law firm of Mark O’Mara, who represents Zimmerman, a neighborhood watch volunteer. The defense is also seeking posts by Martin on social media sites. Among the documents being sought are school discipline and suspension records.

At the time of the shooting, Martin was under suspension from the Miami-Dade County school system because of traces of marijuana found in his book bag.

Ben Crump, the attorney for the Martin family, denounced the subpoenas as a “witch hunt to try to assault [Martin's] character.”

“None of those things that are being subpoenaed is relevant to why Zimmerman profiled and pursued Trayvon and shot him in the heart,” Crump told the Orlando Sentinel.

Martin had other suspensions as well, including one for defacing a school door. Women’s jewelry and a screwdriver were also found in Martin’s book bag, according to the Miami Herald, but no action was taken for those items, the newspaper said.

8trackdisco
13 years ago

Court: Zimmerman judge should disqualify himself

ORLANDO, Fla. (AP) — A three-judge panel in Florida has ruled that a former neighborhood watch leader charged in the fatal shooting of teenager Trayvon Martin should be granted a new judge in his case.

Florida's Fifth District Court of Appeal ruled Wednesday that Judge Kenneth Lester should enter a motion to disqualify himself in George Zimmerman's second-degree murder case. Zimmerman's attorney Mark O'Mara asked the court earlier this month to overturn a previous ruling by Lester not to leave the case.

One of the three judges dissented in the ruling.

O'Mara had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.
Zimmerman remains free on bail. He's pleaded not guilty.


http://news.yahoo.com/court-zimmerman-judge-disqualify-himself-215712493.html 



DrMaddVibe wrote:




More activist judges hijacking.......... wait.....
rfenst
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13 years ago

More activist judges hijacking.......... wait.....

8trackdisco wrote:



How so?
rfenst
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13 years ago

New George Zimmerman evidence: Details on Trayvon's DNA on Zimmerman and vice versa


3:48 p.m. EST, September 19, 2012|
By Rene Stutzman and Jeff Weiner, Orlando Sentinel


State evidence released today in the George Zimmerman second-degree murder case shows new details from a state crime lab that found Zimmerman's DNA on Trayvon Martin, the teenager he shot to death, and Trayvon's DNA on him.

But the gun that Zimmerman used to kill Trayvon that night – a gun that Zimmerman told police the teenager had reached for - revealed no evidence that Trayvon touched it.

State scientists checked several parts of the 9 mm handgun: its grip, trigger, slide and holster. They found Zimmerman's DNA and that belonging to other unidentifiable people but none that matched Trayvon, records show.

The gun evidence is important because Zimmerman told Sanford police he opened fire only after the 17-year-old pinned him to the ground and reached for the gun he wore holstered on his waist.

In a re-enactment for Sanford police the next day, Zimmerman did not say or show that the two had struggled over the gun, only that Trayvon had extended his hand toward it.

The 28-year-old Zimmerman killed Trayvon, a Miami Gardens high school junior, Feb. 26 in Sanford.

Zimmerman says he acted in self-defense. Prosecutors say Zimmerman, a Neighborhood Watch volunteer, spotted the black teenager, profiled him, assumed he was about to commit a crime, began following him then murdered him.

Prosecutors today released to the public several hundred pages of evidence. It included no bombshells.

The DNA evidence was among the most compelling because it confirmed that Zimmerman and Trayvon had been in extremely close contact.

Several neighbors reported seeing one on top of the other in a fight that left one of them screaming, Zimmerman with a broken nose and small gashes to his head and Trayvon dead from a gunshot wound to the heart.

Special Prosecutor Angela Corey released some DNA evidence May 17 but more details today. Records from the FDLE's Orlando lab show scientists there found a Trayvon-Zimmerman DNA mixture in a blood stain on Zimmerman's red-orange jacket.

Zimmerman's DNA was found in a stain on Trayvon's shirt. Scientists found on that same piece of clothing a Zimmerman-Trayvon mix of DNA, they reported.

The new evidence also reveals that the local president of the NAACP sent Sanford Police Chief Bill Lee an email three days after the shooting, asking to meet and discuss Trayvon's shooting.

It's unclear when or whether that meeting with Turner Clayton Jr. happened.

Lee and his agency's investigation into the shooting were harshly criticized by local and national civil rights leaders and Trayvon's family. Lee was fired a few months later.
rfenst
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13 years ago
Hearing set for George Zimmerman's request to subpoena Trayvon Martin's school, social media

By Jeff Weiner, Orlando Sentinel

A new hearing has been set in George Zimmerman's second-degree murder case, during which his attorneys will ask a judge to allow them to subpoena the school and social media records of Trayvon Martin.

Zimmerman's defense has asked for subpoenas for records from the teenager's middle and high schools, as well as his Twitter and Facebook accounts. A hearing has been set for Oct. 19.

Zimmerman, 29, fatally shot the Miami Gardens 17-year-old Feb. 26 in Sanford. Authorities allege he profiled and pursued the teen. Zimmerman says he fired in self-defense after Trayvon attacked him.

The defense team also submitted its response to a filing by the state which referred to the requests for Trayvon's school records as a "fishing expedition."

In one of several new filings, defense attorney Mark O'Mara writes that the requests are part of a "well thought out plan to focus on potentially relevant and admissible information."

O'Mara also noted that the state has gathered Zimmerman's high school records from Manassas, Va.

"Yet, when the same exact documents are requested regarding Trayvon Martin, the State denigrates the request as a fishing expedition," O'Mara writes. "The irony is rich."


In a third new motion, O'Mara asked to be allowed to review the court's copy of a recorded law enforcement interview of a woman identified as "Witness 9." That witness, in two interviews made public in the case already, accused Zimmerman of disliking black people and of molesting her when they were both young.

O'Mara writes in his motion that the state failed several times to provide him with a working copy of a third Witness 9 interview, and he wants to know whether Circuit Judge Kenneth Lester Jr. received a bad copy, too.

Zimmerman "requests the opportunity to review, with the court, the recordings... to ascertain whether or not the Court received an accurate recording as finally disclosed by the State... or if the Court received an inaccurate or inaudible recording, as the defense has received up until" the latest evidence exchange on Sept. 19.

The motions will be heard by Circuit Judge Debra Nelson, who recently took over the case. Lester was forced to recuse himself after he wrote in an order that Zimmerman had showed "blatant disregard for the judicial system."

Lester's comments came after prosecutors alleged Zimmerman and his wife had conspired to hide more than $130,000 from the court before Zimmerman's first bond hearing, at which they claimed to be broke.

Zimmerman's defense asked Lester to step aside after his harshly worded order, arguing the judge had shown he wouldn't be impartial. Lester denied that request, but an appeal court sided with Zimmerman.

Nelson is also judge in the case against Shellie Zimmerman, George's wife, who was charged with perjury after the alleged fiscal deception was revealed. Both Zimmermans are out of jail on bond.

The shooting led to international outrage, after Zimmerman wasn't initially arrested. The Neighborhood Watch volunteer says he was being beaten by the south Florida teen when he fired the fatal shot.

Papachristou
13 years ago
well rfenst? what are your thoughts?

i saw an article a few days ago where Z may be suing the news organization that edited the 911 calls/transcripts.
rfenst
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13 years ago

well rfenst? what are your thoughts?

i saw an article a few days ago where Z may be suing the news organization that edited the 911 calls/transcripts.

Papachristou wrote:




Z's lawyer will get what he seeks- unless it has already been destroyed. Remember, there is much greater latitude in Criminal Defense Discovery than Civil Discovery. And, if it isn't relevant, why did the prosecutor obtain that info? The state is supposed to basically open it s entire evidence file to the defenses and provide all evidence that could be interpreted as potentially hopeful for the defense. "Fishing expedition" is the fall-back argument when you don't have much better to support your opposition to Discovery. But here, Trayvon no longer has any privacy right because he is deceased...
Papachristou
13 years ago
i saw a screenshot of T's twitter account where his cousin was asking him about punching a school bus driver but havent seen it in awhile. definitely be interesting to see if it is still available.
Stinkdyr
13 years ago

i saw a screenshot of T's twitter account where his cousin was asking him about punching a school bus driver but havent seen it in awhile. definitely be interesting to see if it is still available.

Papachristou wrote:




Perhaps this is just a case of divine karma.


:-k
rfenst
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13 years ago

i saw a screenshot of T's twitter account where his cousin was asking him about punching a school bus driver but havent seen it in awhile. definitely be interesting to see if it is still available.

Papachristou wrote:



That's the exact kind of stuff they are looking for.
Papachristou
13 years ago
i wish this had played out for the facts. im not a lawyer by any means but the media has clearly swayed the public through edited 911 transcripts and pictures of T. i just came across this picture showing before/after:

http://theconservativetreehouse.files.wordpress.com/2012/03/trayvonmartin_doctoredphoto.jpg?w=640&h=216 

hmm here is another great pic of him:

http://theconservativetreehouse.files.wordpress.com/2012/03/trayvon-twitter-acct1.jpg?w=640 


http://dailycaller.com/2012/03/26/the-daily-caller-obtains-trayvon-martins-tweets/#ixzz1qGztV3LT 

here is the twitter quote: "Yu ain't tell me you swung on a bus driver," Martin's cousin wrote to him on Feb. 21.
maybe heresay i dont know. rfenst can elaborate im sure.

http://dailycaller.com/2012/03/26/the-daily-caller-obtains-trayvon-martins-tweets/#ixzz1qGztV3LT 






rfenst
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13 years ago

Here is the twitter quote: "Yu ain't tell me you swung on a bus driver," Martin's cousin wrote to him on Feb. 21.

maybe heresay i dont know. rfenst can elaborate im sure.

Papachristou wrote:



Depends on whether the cousin heard it from a third-party. Admissibility could depend on fitting through one of 30 or so exceptions to the rule that hearsay is otherwise inadmissible.
Papachristou
13 years ago
at the end of the day, it is just a terrible situation. Either one or likely both of them let the pride get in their way instead of just speaking a little more calmly and explaining things. It has reheightened long gone racial tensions and ruined a lot of friendships i know.

oh i forgot about the media continually referring to Z as white or white-hispanic too. Ive yet to hear obama be called a white-african american.
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