The Petition for a Writ of Certiorari

April 11th will mark the 1 year anniversary of the arrest of George Zimmerman for the death of Trayvon Martin. It has been a year full of twist and turns in the case, but as the bust the anniversary of Trayvon Martin have shown, the public and the nation appear ready to move on. Last month’s commemorations and remembrances of the actual event that brought so much attention, did not have the intensity, participation or effect, to a tragedy that had everyone from the President-on down, talking about.

As the trial approaches and more information is available, the public seem to have lost interest, and while still divided most are willing to let the Justice system do its work and settle the matter. That is the subject of this post, the workings of the Justice system.

On April 8th, the 5th Circuit Court of Appeals, agreed to look at the Petition that the Defense had filed. This is on itself a minor victory for the Defense team as pre-trial Appeals are rare. This does not mean that the Court is ready to rule in favor of the Defense, but it is asking the Prosecution to state why it should not grant the Writ and allow the Defense to depose the Attorney for the Martin Family Benjamin Crump.

I have tried to get a consensus of whether the Writ has a chance of being granted and if it did what would happen then. Unfortunately, there is none. In my previous post about the Writ, I mentioned the case of Eutsay vs. State of Florida, this case was similar in that there were discovery issues and a Writ was asked pre-trial to overturn the Judges decisions. In Eutsay the Defense failed and the Cert was denied. The Court determined that other remedies were available like a re-trial in the event of a conviction, or a plenary appeal, as such the harm was not irreparable.

Since then we have examined other cases, for instance the case of Bill Kasper Const. Co., Inc. v. Morrison. This was a personal injury case in Civil Court, after many continuances the Petitioner Kasper, amended its witness list to include 3 new experts, the Judge denied the testimony of the experts, the Judge had allowed the last continuance provided no additional discovery would be allowed. In denying this Writ the Appeals Court determined that no irreparable harm had occurred as the Petitioner had an adequate remedy on Appeal, post-trial.

(Read more) http://scholar.google.com/scholar_case?case=11221825863523163186&hl=en&scisbd=2&as_sdt=5,45&sciodt=2,45

What does this bode for this case, not well, but this case is very unusual. In this case the deposition of Crump may not result in any meaningful discovery. Whereas in the Kasper case experts testimony could be ascertained and the harm could be better determined. In other words how do you determine harm if the discovery (Crump’s deposition) is not available, how do you repair any harm done post-conviction, if Crump is depose on re-trial in such a charged case.  Getting it right the first time is very important in this case.

We looked at other cases and of particular interest was Lozano vs. State of Florida. In this case Lozano was a Miami Police beat cop, on MLD day he observed a motorcycle fleeing police cars, he tried to stop the motorcycle, who tried to run him over. Solano then shot and killed the driver of a motorcycle that was avoiding a traffic stop. The passenger in the back also died of the injuries following the crash both were black. Instant riots and disturbances went on in Dade County. Lozano was charged and convicted with 2 counts of manslaughter in Miami. That was quickly overturned because a change of venue had been denied and with the charge atmosphere in Miami, that the entire courthouse was cleared during jury deliberations. Two armored personnel carriers were stationed in front, snipers on the roof and men with body armor and machine guns in the stairwells. A no-fly zone. Just the type of atmosphere for a calm deliberate consideration of the evidence.

A new Judge moved the trial to Orlando, where the trial was moving well, then disaster struck and the Officers in the Rodney King trial were acquitted, the Judge panicked and moved the trial to Tallahassee, where the AA population was greater, that is the reason for the Writ, to stay the case and move it back to Orlando. The Appeals Court had this to say:

We must determine whether the unique circumstances of this case create an exception to the rules above which would ordinarily preclude our review of Judge Spencer’s order at this point in the proceedings.

We agree that public confidence in our criminal justice system cannot be maintained under such circumstances, and that either a conviction or an acquittal resulting from such a trial would be inherently suspect.

Now this case raises the issues of whether extraordinary circumstances are enough to satisfy the departure of normal procedure to grant a writ pre-trial. Lozano was eventually acquitted of the charges.

(Read more) http://scholar.google.com/scholar_case?case=16341055584270740497&hl=en&as_sdt=2,45

As you can see the court does not always rules based previous stated rules and does depart from the principles. Each case is different as such it is hard to gauge where the Court is heading. Quoting CBolt:

I’m undecided, not of a firm opinion one way or the other, on what the DCA will do with O’Mara’s petition. The alleged error isn’t one of such a simple legal principle as respecting privilege. It is, as you well understand, unknown evidence that may or may not play a significant role at trial; and if there is error in not obtaining that evidence, the error can be remedied on retrial. I think the DCA will have to invoke something outside of that (simple denial of discovery) pattern, some sort of “exceptionalism,” in order to justify reversing Nelson’s order.

To which John Galt adds MOM’s argument:

The argument will be that GZ can appeal denial of the motion to depose Crump after trial, in event of conviction. In that circumstance, in the event that the order denying discovery is found erroneous, the state has the burden of proving “harmless error” beyond a reasonable doubt: that denial of discovery did not effect the result. Since the content of the prospective discovery is unknown, the state will have difficulty meeting that burden, or so the argument goes.In the instant case, however, there are special circumstances that motivate for pretrial relief to get it right the first time, and not have to try the case again. What special circumstances? The whole scheme team saga: intense BS campaign orchestrated by Crump to generate media and political frenzy, death threats, NBP wanted dead or alive bounty, defendant in hiding, defendant family in hiding, tweets of family address w/ death threats, tweets about locating defendant w/ death threats, security costs for defendant and family, difficulty in seating a fair jury (500 potential jurors), threats of riots, gavel to gavel coverage that will further prejudice jury pool in event GZ is found guilty after erroneous denial of discovery, enhanced security costs for trial.This is not an ordinary case. I don’t think mere formalistic application of the usual case-law will suffice. This case is similar to the Lozano case in which the DCA granted pretrial relief in connection with an errant trial court venue order.

That is next hurdle can the Defense convince the Appeals Court that denying a remedy to an erroneous court order, on discovery that may be harmless, constitute irreparable harm or that the circumstances of the case, are enough to grant this unusual relief at this point, the odds are against it. It will be interesting to see what argument the Prosecution will use, we will examine that, and the Defense rebuttal once they are available.

Now, what happens if the writ is granted, allowing the Defense to depose Crump. Can Crump still fight the deposition? Well yes he can try to appeal to the Florida Supreme Court, the chances of succeeding at that are very questionable. It will be easier for him to accept the deposition and claim privilege at those questions he wants to avoid, then Judge Nelson can rule on the objections or simply plead the 5th. There is also the possibility that any of that will be unnecessary, though I doubt it.

The odds are high, Mark O’Mara and the Don West have made a compelling argument but it is still a steep climb to getting the relief sought.

Hat tip to (MJW, CBolt, John Galt, Jeralyn Merrit)

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A Letter from Gladys Zimmerman

This is letter from George Zimmerman’s mother Gladys I will let the letter speak for itself, God Bless them.

IN RE: 1 YEAR ANNIVERSARY OF GEORGE ZIMMERMAN’S ARREST April 11, 2013 – Lake Mary, FL

FROM THE DESK OF ROBERT ZIMMERMAN JR

Dear Friends: Our Mother, Gladys Zimmerman, has written a letter on the occasion of the 1 year anniversary of her son George’s arrest. She has asked me to publish the following letter:

Today, April 11, 2013 is the anniversary of the most unfortunate arrest of our son George. I am writing from my heart and with incalculable gratitude to our family members, dearest friends, and those we have not personally met but who have nonetheless offered their unwavering moral and spiritual support. Those who read this letter should do so of their own free will, and do so because they are interested in its message. If you read this letter with the hopes of finding material to mock or rebuke – please stop reading now, because this letter is not intended for you.

April 11 2012 will be forever remembered by the Zimmerman family as the day the justice system failed us as Americans, and as a consequence an innocent man was arrested for a crime he did not commit, solely to placate the masses. George was charged with murder. By confusing the public and manipulating perception in order to sway the “court of public opinion”, Benjamin Crump & co. finally achieved their “first base” victory.

A year later, we find ourselves – as Mr. Crump put it – in “third base” posture: we are awaiting trial. Throughout the past year, as evidence came forth and was later published, we have fought at every turn to be certain George is afforded a fair trial and equal protection under the law. It is imperative now more than ever that George receive fair treatment by the judicial system, as this is the quintessential birthright of every American.

From the beginning, this case has been heavily publicized and a false narrative was developed surrounding a very real tragedy when there was little evidence available to the public. It is astounding that despite the vast amount of information and evidence now available that supports George’s self-defense claim, the majority of the media avoids its publication. It is indeed alarming that even more media outlets do not regret misinforming the public and have not taken steps to retract the fabrications they are responsible for perpetuating.

I remember a year ago, when George was arrested, there wasn’t a television station in the country or a newspaper in circulation that didn’t “break news” of his arrest by placing his picture along with a sound byte or caption on their airwaves or publications. When George was incarcerated, the food he bought was considered “news”, the snacks he ate and even the undergarments he purchased were fodder for even more “news reports” about him. Those days were particularly disheartening and saddened me profoundly, but as a mother I knew that only strength would see us through. There was absolutely no justifiable reason my son should have been charged for a crime he didn’t commit and there was no just reason he should find himself incarcerated either.

The media, with the help of social media made it their prerogative to judge and sentence George before and after his arrest. Even members of Congress and self-proclaimed “activists” used and routinely use to this day the term “murderer” when they speak of him – in effect they are re-enforcing the only acceptable judicial outcome in their eyes. Many have seen to it that he be judged by the public, the very public they were keen on misinforming.

It is for these reasons I share my thoughts and heart with you today. Despite the mythological monster the media created, those who knew George did not abandon him, and those who have become familiar with him throughout the course of this ordeal have prayed daily for him, his wife, his parents and siblings. Without your constant prayer, words of comfort, and endless search for truth – our family would not have made it this far.

As we approach June 10, the date George’s trial is scheduled to begin, I want to thank you again for your support and the trust you have placed in George. My son has always told the truth and your trust is well-placed. The upcoming trial will not disappoint you. The truth will finally be revealed to many, but to some who have always seen through the narrative – the truth George always told will be “revealed”, but rather “confirmed”.

Stay vigilant, stay focused on facts and evidence, stay focused on prayer.

Pray not only for George and his family but ask God the Father to speak directly to the hearts of those who have mistreated George for far too long.

Pray also that an injustice such as this is never again allowed to occur within our great nation.

Thank You, God Bless you all and God Bless your families.

The 5th Court of Appeals has agreed to hear the Case

UPDATE!

There has been some question as to whether Crump via Blackwell will be able to respond, as the State is the one addressed in the Order to Show Cause from the 5th District.  The answer is yes, as far as I have been able to determine, an amicus brief can be filed by Blackwell, provided the Court will accept it, he must first file motion requesting permission.

The is also a question if the Order to Show Cause by the 5th District would stay the proceedings automatically, which is no.  The Defense would need a Motion to Stay and file it before Judge Nelson, who can deny the motion.

On April 4th, the Defense team had filed a Petition for a Writ of Certiorari, looking to overturn Judge Nelson’s order of protection, preventing a deposition of Benjamin Crump, the attorney for the Martin family. Today the Appeals Court has decided to hear the case.  It has given 20 days for any opposition to file its objection and 10 days for the Defense to reply.  This is an is a huge victory for the Defense, as this is an unusual step for the Appeals Court to hear this type of appeal pre-trial (most of these appeals are done after a verdict, when the Appeal Court can more easily determine not just error, but irreversible error(harm) and its consequences).  You can read the order by the court here:

http://www.gzdocs.com/documents/0413/5dca_order.pdf

The 5th Circuit accepting to hear the case does not guaranty that the Defense will get the outcome that it desires as there is precedent for a case with similar circumstances that the Appeals heard but denied. The case Eutsay vs. State of Florida, in this case Darnell Eutsay, Petitioner, is the defendant in a pending prosecution for first-degree murder. He seeks a writ of certiorari to quash an order denying his motion to compel discovery and request for sanctions.  The court felt that the remedy requested by the Petitioner would not be remedied by the Certiorari and the other discovery violations did not prove irreparable harm, that could not be addressed by another trial. (Hat tip to MJW) to read the case: http://scholar.google.com/scholar_case?case=9059062231580367501&hl=en&as_sdt=2,45

“…we cannot exercise certiorari jurisdiction unless Petitioner has shown that the trial court departed from the essential requirements of law in denying his motion to compel discovery, and that this ruling causes him irreparable harm for which there is no adequate remedy on appeal.”

This will be the determining question, whether the relief seek is granted

The Appeals Courts has given Crump, BDLR and Judge Nelson,  20 days to respond, so there might be 3 separate arguments as to why the Writ should be denied, though it is not unusual for Judges not to file a respond, so we will probably have 2 responses to this to look forward to in the next couple of weeks.  The Defense will get 10 days to respond to any argument rendered against the Writ.

Cash settlement for the Martin Family?

UPDATE!

Rene Stuzman of the Orlando-Sentinel is reporting today that,

That secret homeowners association settlement with Trayvon Martin’s family may not remain secret much longer.

The 12 page document was filed on April 4th, the same as the Writ by Defense so it may be part of the official record for the Appeals Court to consider if it accepts it.

After the filing the Clerk informed Crump that according to rules, it did not meet the criteria to remain sealed and that it would be released to the public in 10 days.  You can read her letter here:

Letter from Seminole County Clerk of Court

http://www.orlandosentinel.com/news/local/breakingnews/os-trayvon-hoa-settlement-not-confidential-20130408,0,5675871.story

for the rest of the story.

The Sun-Sentinel newspaper in Orlando reported on Friday, that details of a secret settlement between the Martin family and the HOA at Retreat at Twin Lakes had been 

reached. The purported settlement said to have been in excess of 1 million dollars, was reached several months ago.

The information came to light when Attorney Benjamin Crump filed some papers in court to add to the Zimmerman case. The details of the settlement and most of the details were redacted, so the details are murky. The documents were to be kept under seal but the Judge has given Crump 10 days to argue as to why, otherwise the all the documents will be released to the public.

There has been a lot of speculation as the reason for the filling since George Zimmerman was not a party to the settlement or named in the agreement. The settlement had a non-disclosure clause and this filling may breach the agreement, but it is believed that Crump wanted the settlement on the record to demonstrate that he was indeed the opposing counsel, and bolster his case for not having to submit to a deposition, after the Defense filed a Petition for Writ from the 5th Circuit Court of Appeals, to force Crump to testify under oath in a deposition.

Some legal analyst are seeing this filling as to late to affect the Writ, as it was not part of the record at the time the Judge had rendered her ruling baring Crump from testifying. If that is the case then Crump revealed information of the settlement needlessly, and revealed something that the family may have preferred to remain confidential.

“It is understood and agreed that the payment made herein is not to be construed as an admission of any liability by or on behalf of the releasing parties; but instead the monies being paid here under is consideration for avoiding litigation, the uncertainties stemming from litigation as well as to protect and secure the good name and good will of the released parties,” the settlement said.

The next few days will be interesting as we should hear word from the Appeals Court regarding the Writ and to see if public opinion of the Family will change after the revelation of the settlement.

The Trayvon Martin Case, Update 26: You Have Been Weighed In The Balances and Found Wanting

Thank you, Mike for your insightful look at the latest developments.

UPDATE!!!

According to papers submitted to court today, the Martin Family has reached a settlement with the HOA at Retreat Twin Lakes. The settlement said to be to north of 1 Million dollars was reached a few months ago, according to Mark O’Mara attorney for George Zimmerman.  You can read the rest here:

http://www.foxnews.com/us/2013/04/05/travyon-martin-parents-settle-wrongful-death-claim/

Stately McDaniel Manor

I write this article with dread in that this scruffy little blog is in danger of becoming the “all Trayvon Martin all the time” spot on the Internet.  However, there are several new developments that are, as they say in the law, “ripe” for discussion.  In Update 24, I suggested Judge Debra Nelson was worthy of pity.  I may soon have to modify that formulation to suggest that she is, rather, pitiful.  And now, once more unto the breach, dear readers, once more.

THE DEE DEE LETTER:

Enclosed as an attachment to Deputy Special Prosecutor Bernard de la Rionda’s responseto Zimmerman attorney Mark O’Mara’s motion for sanctions against him(Update 25) was a letter he represented as having been written by Dee Dee, who he called “this teenager.”  This is, in itself, significant as one of the subjects of O’Mara’s motion is the fact that…

View original post 3,963 more words

Mark O’Mara and the Defense go on the Offensive

omaraI was planning in continuing the evaluation of the Defense Team in the George Zimmerman case but, some developments have come up, we will do that in a future post.

The Orlando Sentinel is reporting Attorneys for George Zimmerman Thursday asked an appeals court to reverse the decision of a Sanford judge and allow them to make Benjamin Crump, the attorney for Trayvon Martin‘s family, answer their questions under oath.

read the rest

http://www.orlandosentinel.com/news/local/breakingnews/os-zimmerman-crump-depo-appeal-20130404,0,5726897.story

The Defense Team has decided to go on the Offensive and have filed a 43 page long with a 271 page supporting Appendix, Petition for a Writ of Certiorari from the 5th Appeals Court.  Was is does that mean, the Defense feels that Judge Nelson erred in her decision and are seeking relief from a higher Court.  As Mark O’Mara and Don West said:

“A civil lawyer with a vested interest in the outcome of the case should not be allowed to keep evidence from law enforcement; potentially influence significant witnesses; speak on national television about evidence he claims to exist and witnesses he has spoken with; accuse several law enforcement agencies of dishonesty; otherwise play a central role in the media persecution … yet claim he is not subject to a deposition regarding non-privileged matters,”

Petition is here; http://www.gzdocs.com/documents/0413/petition.pdf

Appendix;http://www.gzdocs.com/documents/0413/appendix.pdf

Certiorari is a Latin word meaning “to be informed of, or to be made certain in regard to, this is in regards to the Defense’s attempts to depose the attorney for the Martin family Benjamin Crump.  Mr. Crump who was first made a witness by the Judge, and ordered to be deposed regarding the circumstances surrounding Witness 8,  sought an attorney and on the day of his deposition filed for an order of protection, to keep him from having to submit to a deposition.

Mr. Crump through his attorney, Bruce Blackwell submitted a 15 page sworn Affidavit that he hoped would serve as a substitute to a deposition.  The Judge accepted this and blocked the deposition, by telling the Defense to file a Motion if they wanted to depose Mr. Crump who she declared “opposing counsel of sorts”, due to the family having hired Mr. Crump to seek and pursue a lawsuit against Mr. Zimmerman.

The Defense then filed a Motion for Reconsideration as instructed by the Judge.  The Motion was denied, without any oral arguments or written explanation.  That brings us to the present and the Defense with this Petition are hoping that the 5th Circuit of Appeals will finally grant the opportunity to depose Mr. Crump about Witness 8 and other claims that he has made on several TV and personal appearances.  As Jeralyn Merritt from the Talkleft Blog and renown attorney said:

 Crump has been burning both ends of the candle for far too long. It’s time for the court to snuff out the flame on one end. If he wants to play investigator, share his results with the public, and make grand public announcements that state officers and officials have lied, and George Zimmerman is guilty of cold-blooded murder, he shouldn’t be allowed to play hide and go seek when asked to provide information as to the reliability of his claims. He made the decision to go public with his dubious claims, which were relied on by the state in filing charges against Zimmerman. He filed an affidavit, parts of which are either mistakenly or intentionally inaccurate. Whatever privilege he might have had as to Witness 8 by virtue of his representing the Martin family had he not gone public, should be deemed waived. He has made himself a witness, and neither the attorney-client nor work-product privilege should protect him.

donwestYou can read the rest of her breakdown of the Petition at here

http://www.talkleft.com/story/2013/4/4/20850/61773/crimenews/Zimmerman-Files-Appeal-Over-Benjamin-Crump-s-Deposition

Jeralyn and other legal experts have opined that Judge Nelson had erred in blocking the deposition of Crump, on the waiver issue alone.  As Mr. Crump who was not representing Witness 8, so no privilege afforded there, could only claim “attorney work product” privilege from his representation of the Martin family, but he waived those privileges, by allowing a crew from ABC to be present and divulging the contents in the many TV appearances he made.

There are a couple of nuggets already gleamed from the Petition, one is that unlike prior testimony from the parents and Crump, the Petition claims it was Crump who was the first one with substantial talks with Witness 8.

On the Petition is also revelation that ABC News and Matt Gutman, had a 25 minute tape of the interview of Mr. Crump and Witness 8, but they have since destroyed all but the 5 orl-bernie-de-la-rionda-20130305minute segment that was posted on the ABC website on Feb. 28th, 2013.  This 5 minute bit is also curiously missing from the recordings that Mr. Crump turned in the FBI in March of last year. No indication was made as to when this occurred, though it seems like something that was unlikely to happened, as that tape could have become evidence and are proof of an ongoing exclusive in the case.

BDLR also responded to the second Motion requesting sanctions against the State. This one stemmed from the interference of State in allowing the video deposition of Witness 8.  Unlike his previous answer which was insulting, full of wrath and very unprofessional, this one was tame.  The excuses given are lacking in law, for instance BDLR claims he never notice that the 2 notice sent by the Defense, both made it clear that they were going to videotape the proceedings, in accordance with Florida law. The claim that the Witness was scared or that the Defense had not done a prior video deposition should prove insufficient enough that MOM, West should prevail in this case.

Another day full of excitement in this case and we are still 2 months to go before trial start.   We shall see what the response from both the State and Crump’s Attorney will be in the next few days, I will be here to recap.  In the meantime got get the Popcorn.

Evaluating George Zimmerman’s Defense Team

The trail of George Zimmerman is set for the 10th day of June, which is a little over 2 months from today, we are going to do an evaluation of the Defense Team.  I will start from the day Mark O’Mara was hired to the last Motions that have been filed.  My criteria will be:

  • On Motions- successful, failure, any attached decision
  • Hearings-Pleadings successful
  • Preparation
  • Effectiveness
  • Public Relations

As you can see these categories are not necessarily objective, I will attempt to be as objective as possible.  Now IANAL so, some ratings will be the consensus of others who are lawyers mixed with mine own opinions and understandings.

Disclosure, I am unabashedly supporting GZ, but I will attempt to tamper any preferences that I may have to present as clear a picture as I can. I have no special access to any insider information, all will be derived from information readily available on the net, and any files that I have save for reference, all publicly accessible information.

On Sunday, the 26th day of February, 28-year-old George Zimmerman shot and killed 17-year-old Trayvon Martin.  Zimmerman who was on his way to Target for some shopping observed Martin, who was walking in the rain in the dark and appeared suspicious to Zimmerman.  Zimmerman called the non-emergency number for the Sanford, Fl Police Department to report Mr. Martin.  The events that followed are in dispute and it is not the purpose of the post, I will skip them, until after the shooting.

Zimmerman was detained taken to the SPD and questioned for several hours, he maintained that he was acting in self-defense as Mr. Martin had attacked Zimmerman forcing him to shoot in self-defense, only one shoot was fired but it pierced Mr. Martin hearts causing his death. After questioning based on his statement and those of the witness, Zimmerman was released.  The police determined that there was not enough evidence to warrant charges.  Zimmerman was released as the investigation continued.

Filed Motions

Most motions, filed on behalf of the Defense are common, routine,  procedural motions  so I am not going to consider those in this evaluation.  I will focus instead on those motions that I feel, are most likely to affect the case and/or George Zimmerman.  For instance, Motion to set Bond is a routine Motion but it affects the client, directly and immediately.  I will list the Motion and then describe it briefly and its outcome.

v  DEFENDANT’S  VERIFIED MOTION TO DISQUALIFY JUDGE

  • This was the Defense’s first major motion to disqualify the first Judge assigned to the case Judge Recksiedler due to her marriage to Attorney Mark Nejame  who GZ used to find his attorney

The Judge agreed to recuse herself,  and Judge Kenneth Lester was appointed as a replacement.

v  MOTION TO SET REASONABLE BOND

  • A Hearing was schedule for April 20th
    • In the Hearing the Defense got the Prosecution to admit to not having any evidence that contradicted Zimmerman’s statement to the police
    • The Lead Investigator for the Prosecution also admitted to being unable to determine who was the initial aggressor
    • Judge allowed Zimmerman to make a statement from the stand and not be subject to intense cross-examination
    • Robert Zimmerman Sr.  testified briefly, that the screams were those of his son
    • Shellie Zimmerman, Zimmerman’s wife testified about the couples finances
      • This testimony resulted in charges of perjury for Shellie, revocation of bond, stricter rules and new bond set for $1,000,000,000

Judge granted bond in the amount of $150,000 for Zimmerman and allowed him to leave the county due to threats against him

MOTION TO BLOCK RELEASE OF PHONE CALLS, WITNESS 9 INFORMATION

  • This was one of several Motions that were part on the June 29th hearing
    • Several news outlets argued  against the Defense, arguing for a release of the information
    • The State’s position was ambivalent on the Motions just arguing, the discovery possible relevancy
    • The Defense try to block at least the calls not transcribe yet by the State, arguing the privacy issue of other parties involves and the irrelevancy of some of the calls
    • Regarding Witness 9 the Defense argued that  any information gather  from her was far out-weighed by the prejudicial content of her testimony
    • He also argued that they information was irrelevant, just incendiary

The Defense lost the Motion, as a result, allegations that GZ and a cousin had play “doctor” when they were 8 and 6, were released.  Roughly 150+ jailhouse calls were released to the public, they portrayed Zimmerman as caring, loving, very much in love with his wife young man. There were calls were GZ and his wife are discussing money received in his PayPal account and using a rudimentary code were directing the movement of the money. This combined with prior testimony resulted in Shellie Zimmerman get charge with perjury.

SECOND MOTION TO GRANT BAIL

  • The original bond revoked due to the total dollar amount of donations, in his PayPal account and the attempt  to hide the totals of the donations by moving them to between several accounts.
    • The Defense presented evidence from a forensic account that tracked the funds from the PayPal donations. Charted and tracked how much was spent of the funds.
    • One of the EMT’s came and testified about what he saw and the condition of Zimmerman, his injuries and the amount of blood.
    • The Defense provided evidence to refute the Judge earlier claim that the prosecution’s case was strong.

The Judge granted bail in the amount of $1 million dollars, he also changed the terms.  Imposing harsh conditions and verbally accusing Zimmerman of flouting the law and abusing the system.  The Judge declared Zimmerman a flight risk and imposed a 6 pm to 6 am curfew, and that GZ could not approach the Orlando airport.

v MOTION TO RECONSIDER THE ORDER RELEASING JAIL CALLS AND W 9                           INFORMATION

  • The defense tried again to block the release of the all the jailhouse calls and the incendiary testimony of Witness 9, as irrelevant and prejudicial

The Judge was not convinced and ordered their release

 

I will continue dissecting the Defense’s Job as soon as the site for the 18th district is up and running,  it is offline.

part II coming soon,

  •