Thursday, May 30, 2013
Bad character evidence about the victim of a homicide is not admissible in a self-defense case unless the defendant knew it before the encounter that ended with the victim’s death.
In other words, if the defendant did not know that the victim was a violent thug, he cannot introduce evidence that the victim was a violent thug in support of his claim of self-defense.
Mark O’Mara is using the information obtained from Trayvon’s phone in a fruitless attempt to establish that Trayvon was a violent thug. Even if he were successful, the information would still be irrelevant and inadmissible because the defendant did not know Trayvon before he killed him.
O’Mara must know this because he is a lawyer who specializes in criminal law. Since he knows this, we can reasonably conclude that he knows his motion for sanctions against BDLR will be denied.
The question people should be asking is why did he file the motion since he knew it would be denied?
I believe the answer is obvious.
He is using the motion as a vehicle to publicize irrelevant and inadmissible information about Trayvon Martin. He wants the public to believe that Trayvon is a violent thug who deserved to die.
Since he waited to file his motion until after 500 people received a summons for jury duty, we also can tell that he is using his motion for sanctions to convince as many of those 500 people as possible that Trayvon was a violent thug who deserved to die.
Two additional important points that are getting lost amid the hue and cry caused by the release of the information are that:
(1) it does not prove Trayvon was a violent thug, and
(2) it does prove that Mark O’Mara acted in bad faith when he filed the motion for sanctions.
Therefore, Judge Nelson should sanction O’Mara for filing the motion for sanctions in bad faith.
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