Angela Corey failed to disclose evidence in Michael Dunn case

Friday, January 31, 2014

Good morning:

I have disappointing news to pass along from Angela Corey’s office.

The audio recordings of Michael Dunn’s jailhouse phone calls will not be available for 9 to 10 weeks. Since the trial is likely to end before then, I do not believe we will have an opportunity to listen to them.

According to the terms of the order issued two weeks ago today by the 1st District Court of Appeal, the prosecution was required to release the audio recordings to the media no later than one week ago today.

Corey claims that she has a legitimate excuse for the delay.

I disagree.

She says her office has 170 hours of recorded calls that cannot be released to the public in their present condition because the names and addresses of the participants and various other people mentioned in the calls have not been redacted.

True, but that task should have been accomplished months ago.

Why?

Because anything Dunn said during the calls about the shooting will be admissible in the prosecution’s case-in-chief pursuant to the admission-by-a-party-opponent rule. If Dunn testifies and his testimony differs from what he said during those calls, the prosecution can impeach his testimony with his prior inconsistent statement.

The prosecution acquired this evidence approximately one year ago and I cannot think of any reason that would justify its failure to review the calls months ago. I do not believe that any reasonably competent prosecutor would have failed to review that evidence months ago and for that reason I do not accept Corey’s excuse.

If I were Judge Healey, I would find Corey in contempt and order her to pay $500 per day until she produces the records.

Given the inadequate performance of her team of prosecutors in the George Zimmerman trial, I was expecting her to avoid bonehead screw-ups like this.

Her failure to do so raises new questions about her commitment to this case.

57 Responses to Angela Corey failed to disclose evidence in Michael Dunn case

  1. Ezz-Thetic says:

    Damn.

  2. Girlp says:

    Once again it is an AA that’s murdered and Corey could care less

  3. shyloh says:

    Lord, Corey is an idiot. I just don’t get it.

  4. racerrodig says:

    Here, have a “Get out of jail” card……

    That comment he made about seeing this much of s gun barrel…..or a stick and he actually said “….did you look for that” (the stick) was tantamount to putting the noose around his own neck.
    .
    But nooooooooooooo, the jury won’t hear any of that.

    • looneydoone says:

      We can be certain the prosecution will go after Dunn with the same vigor as exhibited during fogen’s trial. Another dog & pony show trial.

  5. Lyn says:

    With the full power, resources, money and manpower behind Corey as it was with Bernie, this is the best they can do. And she threatened to sue Dershowitz and Harvard Law School. This is a woman who charged a 12 year old as an adult.

    • lurker says:

      What was the threatened lawsuit over?

      • Lyn says:

        Her Affidavit to arrest Zimmerman. Dershowitz said it was misleading and possibly perjurist. She wanted Harvard to discipline Alan, which didn’t happen. As it turned out, Bernie and gang were not able to prove her charges.

  6. bettykath says:

    She is doing the masters’ bidding. Expect to see her promoted.

    • You know our country is deeply corrupt when failing upward is the preferred method for career advancement.

      • Two sides to a story says:

        Amen to that.

        Any prosecutor would want to go after Dunn no matter the race issue. Why Corey would fail to get the work done to do it is beyond me.

      • looneydoone says:

        Article on http://www.rawstory.com
        “Florida Ku Klux Klan leader boasts of invisible empire of sympathetic public officials” (including police, paramedics, judges, etc)

        Anyone doubt the veracity of his “boasting” ??

        • fauxmccoy says:

          @looney

          doubt the veracity? hell no, more like stating the obvious.

          i remember one huffpo article a few years ago regarding the klan and some uninformed person suggesting ‘calling the cops’. my response was ‘why bother? they’re already there! who do you think is hiding under those sheets’.

          • looneydoone says:

            faux,
            The underbelly of ‘merican *society* (or is it culture ?) is a dark and seething pit of ugly

  7. fauxmccoy says:

    professor says

    Given the inadequate performance of her team of prosecutors in the George Zimmerman trial, I was expecting her to avoid bonehead screw-ups like this.

    i regret to be contrary, but i have begun to suspect this is how ‘special’ cases are handled by her office.

  8. Say it ain’t so?! Say it ain’t so?!

    Angela Corey is at it AGAIN!

  9. Malisha says:

    Given the inadequate performance of her team of prosecutors in the George Zimmerman trial, I was expecting her to avoid bonehead screw-ups like this.

    Her failure to do so raises new questions about her commitment to this case.

    I don’t think this is a bone-head screw-up.

    I think Corey is stupid like a fox. Like FOX.

    She doesn’t know how to throw this case if evidence gets in, so she is making sure evidence stays out. Then she will be able to escape the worst of the fall-out when Dunn walks and becomes another famous “All-American-Blackkidkiller.”

    It strained credulity that she could have botched the Fogen prosecution; this last bit of “duh…” cancels all doubt about her goal: Her GOAL is to lose so the murderer can walk.

    • looneydoone says:

      Malisha,
      Article on http://www.rawstory.com
      “Florida Ku Klux Klan leader boasts of invisible empire of sympathetic public officials” (police, paramedics, judges etc)

      That appears to be fact, not “boasts”

      • roderick2012 says:

        looneydoone: That appears to be fact, not “boasts”

        The entire Seminole County ‘justice’ system especially Judge Nelson.

  10. ladystclaire says:

    Like the Professor said, she has had the time and resources at her disposal, to redact those names and what ever else that, needed to be redacted. Maybe the judge should delay the start of the trial, along with what the professor said, until she get this taken care of. The white murderers she goes easy on them but, an AA woman, she is as harsh as she can be. Had she not wasted her time, trying to throw Marissa Alexander back in jail, she could have been doing as the Judge ordered her to do.

  11. bettykath says:

    A competent prosecutor shouldn’t need a judge to tell her to get all her evidence ready. So it’s just the judge who’s pushing this? I don’t see the defense wanting the calls in evidence and it looks like the prosecution is looking for him to walk. Although, unless she manages to “lose” the tapes, the feds wouldn’t have much trouble with a civil rights prosecution.

    • Eric says:

      Are the tapes not ready for the trial, or are they not ready for the press?

      • bettykath says:

        Good point. So they can be used at trial w/o the redactions and the media gets that selection then?

      • The prosecution has placed itself between a rock and a hard place because it should not take 9-10 weeks to redact information that would permit a listener to identify and contact a witness, if he were so inclined.

        For example, if we assume for the sake of argument that the prosecution acted with due diligence in preparing for trial, someone listened to all of the recorded conversations and paid a court reporter to produce transcripts of all of the calls or at least all of the relevant calls that it might decide to use at trial. If they did that, they could have produced a complete set of the recorded calls by now, minus the redacted information.

        If they have not listened to all of the calls by now, they have not exercised due diligence and may reasonably be described as incompetent.

        I suspect that they have exercised due diligence and do not want to release redacted copies of the conversations because they contain inflammatory racist diatribes that would offend anyone who does not share Dunn’s reprehensible opinions.

        Opinions, by the way, that are relevant and admissible to show his state of mind (i.e., why he fired the gun into the SUV) when he confronted the boys about the loud music and lost his temper when Jordan Davis basically told him to STFU.

        In his mind, they were thugs who deserved to die because they were black male teenagers listening to loud rap music and they disrespected him when he ordered them to turn it down.

        He killed Jordan Davis and attempted to kill the other three boys because he is a racist. He did not shoot in self-defense.

        His failure to call 911 after the shooting and his flight from the scene are actions that are inconsistent with his claim of self-defense.

        I am going to make an educated guess here and say that the prosecution is intentionally slow-walking the release of the recorded conversations prior to revealing them at trial because they want to maximize their impact on the jury and the defendant’s case. They do not want to admit that they can produce them sooner because to do so would constitute an admission that they violated the appellate court’s order.

        The defense isn’t likely to challenge them because it does not want anyone to hear those recorded calls, ever.

        Finally, we will know the outcome is rigged, if the prosecution does not attempt to use them at trial and later claims that it did not release them to the public because the trial is over.

        This situation is an example of the well-known rule that there is more than one way to skin a cat.

        • bettykath says:

          So at trial the prosecution presents transcripts with redactions, not the recordings?

          And they get to choose which recordings, if any?

          • No, they will play a recorded conversation after they distribute a transcript of what is said. The judge will instruct them that the recording has been admitted into evidence and the sole purpose of the transcript is to help them understand what was said. The transcripts are not evidence and are collected after the recording is played.

          • bettykath says:

            Thanks. That makes sense, guess that’s why I didn’t think of it :-)

          • bettykath says:

            Sorry. Answers seem to always generate more questions. The prosecution plays unredacted recordings with transcripts to the jurors that are also unredacted? The media has to wait until the trial to hear the recordings since Corey isn’t releasing them ahead of time? Do they also get copies of the transcripts at that time? Where did the media get the information that was in the recordings that we know about?

            Not sure that it’s relevant in this case since what’s important is the overall tone of what’s-his-name’s rants, but I could see that in a different trial, the specifics of what is said would be relevant to the jurors’ decision-making. A single tape could be replayed without too much trouble unless it were quite long, but if there were several tapes admitted into evidence or a couple of rather long ones, I would think a transcript would be quite helpful.

          • Unredacted recordings and transcripts are used in court.

            The actual evidence is the recording. The transcript is not evidence; rather, it’s an aid to understand what was said.

            Transcript is distributed to jurors before the recording is played and collected after it’s played.

            Transcripts do not go to the jury room. If jurors ask to listen to a particular recording, they will be brought back into court to do it with transcripts handed out and collected as before.

            Defense gets unredacted copies to accommodate defense investigation. Media gets redacted copies

        • roderick2012 says:

          I know the more evidence the better, but do you really believe that the State needs Dunn’s phone calls as evidence since the other evidence is so damning or do you believe that this exclusion of evidence is just a pattern that will continue to trial?

          • Difficult to predict how much is enough to disprove self-defense beyond a reasonable doubt. Best to err on the side of more rather than less.

            I don’t know what Dunn said during those calls. If he said something damning, I’d probably use it.

  12. colin black says:

    Its almost as if the election of a mixed race person into the whitehouse.

    This event wich appeared to be huge leap forward in the advancement of race realations an a move to equality.

    Has had the opposite effect rather than deter its emboldened raceists.

    Its produced a get out of jail free for the U S A to become overt raceists,

    Its the old …I cant be raceist I have friends whom are black.

    But now its we cant be a raceist society we elected a half black prez.

    Puhlease.

    Dunn will walk as it seems there can be no better time to incite raceial hatred .
    They want AA to kick off like the riots in the UK a couple of years ago.
    Race riots is what they want its part of there divide an rule /control agenda.

    And with a half white an half black prez in the oval office this is when they want it.
    Everything is In place the LE have been gearing up with military capabilities vechicles weapons .

    An after the fires have burned after the thousands of casualties are mourned an put to rest.

    The raceists that pushed an proded an preyed that the AA would stop turning the other cheek/

    Can smugly say WE TOLD YOU THEY WERE NOT TO BE TRUSTED.

    Yup Dunn will walk …JUROURS inept prosecution technicality

    One or all of above will ensure he walks away scot free…

    I just hope that the demographic they are targeting to demo an riot is aware enough not to be manipulated.

    • KimmyK says:

      “Race riots is what they want its part of there divide an rule /control agenda.” (i.e. Gun control)

      “Everything is In place the LE have been gearing up with military capabilities vechicles weapons.” (Control the masses)

      “Can smugly say WE TOLD YOU THEY WERE NOT TO BE TRUSTED.” (Gun control-see these idiots who “legally” carry, their getting away with MURDER!!!)

      I think you have very good points here Colin, but can anyone see the BIGGER picture here?
      It’s about gun control/pushing their agenda.

      How’s that working out in Chicago?
      snipped-
      Chicago has some of the strictest gun control laws in the country.
      Gun control policies don’t work because they disarm citizens while keeping criminals in possession of guns. Chicago’s strict policies have effectively given lawbreakers a monopoly on weapons in many parts of the city that the Chicago Police Department cannot or will not police effectively.
      A nice contrast to Chicago for a natural experiment is Houston. Houston is very similar to Chicago in terms of socioeconomic factors such as population, density, and segregation. Houston, like Chicago, is a major center for illegal activities such as the drug trade and human trafficking. Despite all this, Houston has a murder rate two-thirds that of Chicago. This is because the people of Houston are well armed, while innocents in Chicago have been condemned to be sitting ducks.
      Proponents of gun control have their heart in the right place. They would like to see fewer people murdered. I’m pretty sure everybody can agree that fewer dead people is a laudable policy goal. Unfortunately, gun control does not achieve this goal.
      Make no mistake. Any gun deaths are a tragedy, but restricting gun possession does not prevent them. John Lott’s seminal work More Guns, Less Crime found that allowing law-abiding citizens to posses firearms reduces violent crime and causes criminals to turn to crimes which do not involve as much confrontation, such as break-ins.

      http://www.policymic.com/articles/22622/gun-control-is-why-chicago-murder-rates-are-skyrocketing

      I will crawl back under my rock now, and just read here occasionally, but look at the FACTS people!!

  13. CessnaDriver says:

    Corey is a repig puke and is in the pocket of the NSRA. She is trying to give another repig puke a free murder.

  14. MDH says:

    Angela Corey did nothing, in the span of more than a year, with the incomplete case against Zimmerman.

    Why no trauma surgeon?

    Why was the shot trajectory revealed by Bao not expanded upon?

    It is like they just took the shit ass work done by the Sanford PD and presented it with no real further input.

    For example, no videos like we have here to prove the geometrical impossibility of George’s fairy tale.

  15. MDH says:

    Wow, the prosecution did not want to release Dunne’s remarks because they might offend and embarrass people. What a double standard. In TM’s case, the defense was able to float a false narrative that the media took hook, line and sinker as legitimate.

    Wasn’t Dershowitz the genius who stated that the defense had a case because there was evidence that George was being beaten by a bigger, stronger man. Gee, I did not no a man was 17 and that 150lbs is bigger than 200lbs.

    Where is this ass, now that George is bragging about the boxing skills he learned.

    My point is that our criticism should not be limited to Angela Cory.

    You have to have a large ready supply of people willing to look the other way in order to get the sham result of TM trial.

    And the con man is so emboldened, he feels free to mock us.

    A film that Dershowitz should watch is Judgment at Nuremburg.

  16. a2nite says:

    She’ll make a perfect evil racist R governor in FL. The law works for white people only is her slogan.

    FUCK the law.

  17. silk says:

    Corey is trying to let dunn walk!!!

  18. silk says:

    She did it with zimmerman

  19. Two sides to a story says:

    So what do you think of Fogen, celebrity boxer?
    014/01/31/the-game-george-zimmerman-celebrity-boxing-match-trayvon-martin/?adid=hero5

    AP photographer lawyer Phillips says today on Twitter that Fogen never responded to APs cease and desist letter, so there will be some sort of legal follow-up. Fogen has a pattern of feeling he’s above the law..

    • MDH says:

      Fogen will find out that the USA is all about protecting property rights.

      That is part of what got him set free, although he killed an unarmed black teen.

      The reality of the USA is that black people have long been considered by whites to be a threat to property values. As a result, harassment and intimidation of black people in white neighborhoods has been and still is the order of the day.

      Fogen, being too stupid to realize that he is a useful idiot for the shitstem, is now flaunting property rights that are deemed very important by large corporations.

      He will be carved a new asshole.

      As far as boxing or any other scheme that Fogen uses to get money goes, I feel those who side with TM should boycott any entity that enables him. That is how South Africa was taken down. Hell, any entity that goes along with the Faux News racist dribble should be boycotted. As time goes on, the world consumer markets that prop up the equity values of the capitalist elite are becoming less white. If there is one thing that can be factually stated about a capitalist; it is that money is their god. IOW, their pocketbook is far more important than an individuals life.

    • Rachael says:

      He is getting divorced by default because he didn’t answer that when he was served either. He just ignores everything (apparently paying rent and other bills as well), like being told not to follow, ends up killing someone and can’t understand why he is so hated.

  20. Lyn says:

    Fred, was just reading that another decision of Healey’s has gone to the 1st District Court of Appeals on this trivial matter of the recording. This makes 3. How many times can a Judges decision go to Appeal until he/she is forced to rescue themselves??

  21. William Walton says:

    Prof: I like how you keep the law simple for us who are not well versed in law proceedings. Reminded me of a patient Dad had who had a hernia. This patient’s grandson was an attorney and also a patient of Dad’s. Dad asked the grandfather if when he had flatuence could he pass gas. The old man said huh? Dad finally asked him if he could fart. The old man said “Doc, I have no problems farting”. Dad’s comment was that is good since the hernia is not strangulated. Told Dad that his comment was not a technical question. Dad’s reply was “sometimes one has to come down to the level of understanding that a person can understand. I have used that understanding in dealing with folks operating in the oilfield. Dad had given a physical to an individual working as a chemist for Motora and found him to be in great health. The man died two weeks later. The company and the insurance company stated that he had died of a heart attack and stroke. The young man had stated to Dad that he was doing research using cyanide. Dad’s first thought was that he had ingested cyanide and that caused his death. At 2 AM in the morning Dad got a call that the wife had consented to an autopsy. The autopsy was performed and the results showed that he had died of cyanide poisoning. The case went to trial and since the body had been embaled, all traces of cyanide would have dissapeared. When questioned, Dad would state that it was true that the presence of the cyanide would not be detected, but there was evidence that it had been the cause of death. The oposing attorneys objected to any other testimony from Dad. The Judge finally asked doctor what you want to say before objections will it be relivant and Dad said yes. The Judge allowed Dad to proceed with the attornies for the other side protesting; The Judge finally told the other side attornies to sit down and shut up that it was his court. The interesting part of this is the grandson was the attorney for the wife. He told Dad, Doc do not go into your medical jargon keep it simple. When I am questioning you keep in mind Grandad “can you fart.” Then the jurors will understand you. This philosophy might well have worked in the Zimmernan trial. So, the philosphy in medicine and law might just be Keep It Simple Stupid (KISS).

  22. Carlyle Moulton says:

    I do not believe the prosecutors wanted to convict George Zimmerman and I do not believe that the prosecutors want to convict Dunn.

    Florida DA’s believe that it is important that white men not fear the consequences of shooting black men dead.

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