Will the Defense be able to depose Crump? part I

1204-Zimmerman-bloody-nose_full_600With 12 days to go and the motion for Reconsideration still pending, I will try to analyse the motion and break it down to determine whether it will be enough to reverse Judge Nelson ruling. Quoting from Judge Nelson order denying the deposition:

the party seeking to take the deposition [must show] that (1) no other means exist to obtain the information than to depose the opposing counsel; (2) the information sought is relevant and non-privileged; and (3) the information is critical to the preparation of the case

Let’s break down each element, to see if the new motion meets the burden of prove to reverse her ruling,

  1. No other means exist to obtain to the information than to depose opposing counsel
  • To prove this MOM has is attacking the cloak of secrecysurrounding the first recording of witness 8.
  • He provides copies of e-mails dating back to August of last year of his persistent request on this matter.
  • He notes that the information about witness 8 non-visit to the hospital was just revealed 11 days before, even though they had tried to obtain the information before.
  • MOM notes that because of the new recording the information in Crump’s Affidavit is provably incomplete and inaccurate, casting doubts about his interactions with the witness.

Mom points out that deposing witness 8 does not of itself provide ” another means” of obtaining information as Witness 8 was not likely to know how the interview or the circumstances behind it, were arranged by Mr. Crump.

2. The information sought is relevant and non-privileged

  • This issue had been raised but left unaddressed during the first hearing. MOM points out that he was not representing Witness 8 so no attorney-client privilege was attached, this is something Mr.Crump makes clear in his Affidavit.
  • Since no Attorney-Client privilege was attached, then it would fall under Attorney work privilege, which MOM contends can be waived
  • MOM contends that the work privilege was waived voluntarily by Mr. Crumb by having the presence of other people, ABC news and then discussing the interview nationally.
  • MOM points out that Mr. Crumb himself waived that privilege consciously and purposely in his Affidavit, making him a de facto witness.

In part II, we will discuss the relevancy of Mr. Crump’s testimony, whether it is essential to the case and will try to determine how Judge Nelson will rule.

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21 Comments

  1. And another reason I think Crump’s privilege has been waived is because of the proven lies in his affidavit). The “crime/fraud exception”, assuming it applies here, would keep him from relying on whatever privilege he may have had.

    Anyway, yeah, for a number of reasons I now expect Nelson to do a 180 on her previous ruling re. Crump. I think we’re gonna see a lot of this from her now, because I think she wants to avoid a Richardson hearing where even SHE would be slammed for some of the idiotic moves she has made.

    • Thanks, I am waiting for some others with their opinions to finish the second part and analysis. Question, MOM has gone as far as he can without saying that Crump constructed testimony, and obstructed justice. Do you see as a possibility that the Judge will say, the essence of her testimony did not change, all attorneys guide(coach) their witnesses?

      • As I wrote last week before the depos were taken, I think there are certain steps MOM and West should take over the coming days. They’ve already done one of the big ones I mentioned: Filing a new motion regarding a Crump depo. But one thing I said they should do, if new discovery doesn’t start POURING in from the State, is demand a Richardson hearing. And motion again for a continuance. And I said that finally, if by the end of the Richardson hearing, MOM and West haven’t been guaranteed everything they want from Nelson, then they should GO OVER HER HEAD. Appeal every one of her rulings, and maybe even try to get her off the case.

        So anyway, in order for MOM/West to NOT take those later, more extreme actions, it’ll depend on Nelson FINALLY starting to do her job from here on out. But if she does as you suggest, and pretends the whole Crump/DeeDee thing is no big deal, then all bets are off. The guys should IMMEDIATELY demand a Richardson hearing. And at that hearing they should not only attack the State and Scheme Team, but also the judge herself. Yeah… this judge is basically hanging by a thread as far as I’m concerned. If she makes one more ridiculous ruling, that should be it in the eyes of Mark and Don.

      • “Do you see as a possibility that the Judge will say, the essence of her testimony did not change, all attorneys guide(coach) their witnesses?”
        BUT….if this was stated as above…someone would have to say….”but…your honor…He’s NOT her lawyer…or…She’s NOT his client”….or is it now-a-days, any lawyer can “guide/coach” ANY witnesses they want?

  2. The major thing I think should be addressed is revisiting the matter of the FBI files being disclosed by the state and the judge issuing an improper order to the FBI itself which was effectively unresponsive to the motion which asked the court to compel the State to disclose what FBI files the State had knowledge access or copies. No way should the Defense simply drop that matter and yes a Richardson hearing should be demanded because the Court itself has caused a discovery delay by the Courts own improper order to the FBI which exceeded the jurisdiction of the Court and was an unlawful order. The defense should mince no words in renewing its prior motion for the FBI files to be disclosed BY THE STATE (not by the FBI) and at the same time file copies of that motion to the attention of the federal district court with a separate petition through the Federal Court for direct subpoena of the FBI records through the Federal Court, if necessary filing a complaint under 42 USC 1985 or 42 USC 1983 in order to have standing to ask for the subpoena. Yes I am saying it is time to sue Florida in Federal District Court. Don West knows how to do this. Due process rights of Zimmerman are being violated from the bench in Circuit Court by Nelson and it is long overdue that unlawful and improper, even criminal conduct stops.
    West needs to basically tell Nelson “make my day” and then pull the trigger on a federal lawsuit.

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