Introducing Judge Russell L. Healey

Wednesday, July 31, 2013

Good afternoon to all of our friends:

Duvall County Judge Russell L. Healey is the third judge to handle the Michael Dunn case.

Scott Butler of the Florida Times-Union has the story:

A second judge has removed herself from the high-profile Jacksonville murder trial of Michael David Dunn, charged with killing 17-year-old Jordan Davis in a dispute over loud music.

Circuit Judge Mallory Cooper had been appointed in May following the defense team’s request for Judge Suzanne Bass to step down due to concerns for a fair trial.

Bass denied him bail, refused a motion to have the state declare him indigent and pushed to have the trial in September even though his attorneys said it was unrealistic. Defense attorney Cory Strolla also said Bass failed to control her courtroom, including warning the victim’s father about his outburst, the Times-Union previously reported.
Cooper was replaced by Circuit Judge Russell Healey, court records show.

I previously wrote about the first and only hearing so far before Judge Healey. He denied Dunn’s motions seeking reconsideration of Judge Bass’s denial of bail, denial of indigency status, and denial of a motion to continue the trial date.

DISCLOSURE: Although Judge Healey and I were members of the National Association of Criminal Defense Lawyers when I was a member of the Board of Directors, I do not recall his name. It is possible that I may have met him during our midwinter meeting in Jacksonville in the late 90s, or at one or more of our other meetings, but I do not recall doing so. Therefore, I have no opinion about him.

The odd thing about Judge Healey’s appointment is that he is not a Circuit Court Judge. He is a Duvall County judge and I do not believe county judges can preside over felony trials without some sort of special appointment and or the consent of both parties to the case.

There does not appear to be a shortage of judges serving on the Fourth Judicial Circuit, which has 29 judges, with 9 assigned to handle criminal cases full time.

Could the Dunn case be the case that no circuit court judge wants to handle because of its high profile and possible voter backlash from the verdict?

Why Judge Healey?

Does not appear that he has any experience presiding over any felony trial, let alone a high profile felony trial.

Did he volunteer for this duty?

Who in their right mind would volunteer for a baptism by fire?

This oddity does not inspire confidence that the outcome of this trial will not be rigged.

Zoom has the skinny on Judge Healey.

Russell L. Healey was a law partner for 14 years in Mahon, Mahon & Healey, P.A. where he practiced criminal law specializing in marital and family law.

He was a board certified Marital and Family Law attorney and a former member of the Jacksonville Planning Commission.

Before joining Mahon & Mahon, he worked in private practice with Tassone and Healey after serving as an assistant state attorney and state attorney for the 4th Judicial Circuit of Florida in Jacksonville.

He has a bachelor’s degree in Finance from the University of South Florida, a JD degree from the University of Florida and was admitted to the Florida Bar in 1981.

Before becoming a Duvall County judge in 2002, he was a member of the American Bar and Florida Bar Associations, the National and Florida Associations of Criminal Defense Lawyers, the Association of Trial Lawyers.

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246 Responses to Introducing Judge Russell L. Healey

  1. What reason does Judge Heally give for calling a mistrial? Since when does a judge not trust the jury to make their decisions? Does this not suggest that people in powerful positions in the legal system and the state government of Florida are among the most racist parts of the system? This is frustrating. I’m a white jewish liberal in south Florida and would like to stand up for my friends of color. What can I do? My first impulse is to want to call this judge on the phone and harass him. I might just do that.

    • He declared a mistrial on count 1 because the jury failed to reach a verdict on that count. He was required to do that.

      The verdicts on the other counts stand.

      Don’t call the judge and harass him. You’ll be arrested and taken to jail.

    • Do not, and I repeat DO NOT even think about harassing a judge. This is a crime, and I mean to tell you a serious one. It’s likely a federal crime, because it involves the phone. I hope you get these comments back from us, and that you change your mind and forget this bad idea ever occurred to you.

  2. ViewFrom Above says:

    the Murderer took an innocent life,,,
    he owes a debt..
    sucks to be him…

  3. Malisha says:

    You know it’s bizarre how people are reporting on Fogen here and there and everywhere and how much police involvement there is surrounding his foolish ass. In a way, but differently, it reminds me of the “Monica sightings” going on during Bill Clinton’s last year in office.

    So strange that you acquire that kind of idiotic celebrity by either being a bimbo or a murderer, isn’t it?

    I’d rather Fogen got sexy in the oval office than that he killed somebody — well, I guess when you consider how soft Kokopelli said he is, we don’t get to choose.

    • Girlp says:

      O’Mara is making excuses for him, still giving the his life is in danger line. I wonder how long before he loses control of GZ, e’s gone off on his own before he just might do it again and O’Mara will lose his money maker.

  4. boyd says:

    Now there is no doubt in my mind Zimmerman will use his gun on an unarmed person again.

    Foge will encounter people who will let him kown what they think of him and I’m afraid he will shoot someone.

  5. KateW says:

    Professor, you are right. There is no certainty this trial will not be fixed but so far they are doing everything right…so far. They arrested the guy, they have him in jail, despite the judge turnover they have continued to deny his repeated motions. But as you say, there is no certainty. If this killer gets off I would surmise there is a serious skin color issue in Florida. I am sure they want to get this trial right. If they cannot every racist, bigot in that state will shoot unarmed people off color and know they can possibly get way with it. They might also have dreams of Trayvon Martin’s killer’s money dancing around in their heads

  6. J4TMinATL says:

    Here is the dash cam video of GZ speeding. Sorry if someone else has posted..

    http://www.mediaite.com/online/watch-dashcam-footage-of-george-zimmerman-getting-pulled-over-for-speeding/

    • KateW says:

      THis has been bothering me all night, well when I woke up. The whole “fear for his life” was a rouse. I don’t believe this guy was ever in fear for his life. He’s been driving around speeding, “rescuing” folks with no protection, no bullet proof vest etc. He’s a sociopath, he has no feeling or shown no emotion about anything that he has done. Even laughed in court because it was all a joke. Sociopaths don’t fear anything. I think that was something cooked up by OMara to get more blood money coming in as sympathy. I don’t believe they have had threats against their lives, and I think they are still playing this game so they can live off of the donated welfare.

      They played the gullible supporters like fools. That fake rescue was another shining example after revealed the lengths this killer will go to “feel” or appear to “feel” something. He didn’t care about any rescue, it’s all a facade.

      • You all have thoughtful comments says:

        x2

        • Trained Observer says:

          x 3 plus true threats to Fogen won’t be issuing any advance warnings, just a silent, swift hit that could well be lethal..

          • colin black says:

            He is now a name a target.

            He would have been safer in prison .

            The very fact he is advertiseing to the world he is armed .

            We know he is dangerous.

            What a wonderfull scenario for some other armed person.

            To S T G.

            I knew it was g Zimmerman he asked me if I knew who he was?

            He then reached round to hes back waistband.

            I got my weapon out an shot him one time with a hollow point.

            The deaceased was found with a gun in a back holster with a bullet in the chamber..

            The shooter was not charged Leroy Duane Buckfass was deemed to have used reasonable action in defending his life.

            Given the deceaseds history he had every right to stand his ground an defend his life.

            Come on Irony Gods plan we are all waiting?

            He has lived of the gun he hid by his bum whens he gonna get his turn?

  7. fauxmccoy says:

    plodding along with no particular place to go

  8. KateW says:

    I suppose it is their right but I guess they will keep rotating judges until they get a judge like Judge Nelson that will be either incompetent, vague or biased enough to assist in flubbing a case to allow another killer to go free.

    I am all for the Martin family composure but people need to get outraged. Being nice about it helps no one. ONly when people get angry to things change. His family needs to speak up and show their anger.

    • Two sides to a story says:

      I think it’s better if the rest of us show anger for them.

    • pt deadder says:

      KateW says His family needs to speak up and show their anger.I agree 100%.

    • Jasmine says:

      They can’t really do that or they will become that ‘angry Black man and angry Black woman’. People already think that all Blacks are dangerous so there is no need to add fuel to the fire. We cannot behave as others do. Fogen’s family for instance, see how they have behaved and haven’t been taken to task for it. They can act that way but Trayvon’s family cannot. It is just how it is. No ifs, ands, or buts about it. Period.. Full-Stop.

    • cielo62 says:

      KateW~ I agree 100%! OUTRAGE is what got India it’s freedom from the British Empire. OUTRAGE is what makes passive resistance work. We need to show more controlled outrage at racism and its attendant evils.

      ________________________________

    • colin black says:

      I remember chat around the time fogggage was getting judges removed left an right.

      J Nelson was the third or 4 th to warm the bench.

      And I I R C Theres a limit to objections from the defence towards asking a judge to recluse themselves for what ever reason they think is discrimitory against there client.

      Think it was 3?

  9. DruDo says:

    Could there be a reason why the whole Z bunch relocated from VA to FL?

    “As the Virginia Supreme Court has explained, a “man cannot go a-gunning for an adversary and kill him on the first appearance of resistance, and rely upon the necessity of the killing as an excuse therefor.” Jordan v. Commonwealth, 219 Va. 852, 855-56, 252 S.E.2d 323, 325 (1979) (quoting Sims v. Commonwealth, 134 Va. 736, 760, 115 S.E. 382, 390 (1922)) (internal quotation marks omitted).”

    • ladystclaire says:

      I believe there is a reason that they all left the Commonwealth of Va and, I also believe Fogen is the reason for them leaving as well. BTW, did you guys notice how dark his window tint is on that truck? I thought that the tent couldn’t be that damn dark. but, because it’s his truck, he is another flon don who is above the law. just like someone said in an above comment, I hope he meets with his own death by a gun in someone else’s hand.

      • Kimmi says:

        Maybe he will meet his worst fear like Jr said…
        A vigilante taking the law into their own hands.
        Wouldn’t that be ironic?

        • type1juve says:

          That would be fitting for him. I want him to feel the same terror he made Trayvon feel before he murdered him.

      • DruDo says:

        lady, yes, I also noticed how darkly tinted the windows are. Makes it easier for him to spy on another innocent person. It makes me sick how he wanted to make sure the cop knew who he was. Egotistical maniac thinks he’s a “star” and he’s too stupid to realize there are thousands of people who don’t and one of these days one of them will be waiting.

    • crazy1946 says:

      I have no doubt that sitting in the dark recesses of the criminal justice system in the Commonwealth of Virginia is a file cabinet containing a file with a tab with the name George Zimmerman upon it…. Oh how much I wish we had access to that file and the dirt about the entire Zimmerman clan that it holds… However due to legal constraints and possible political forces, that is not going to happen any time soon if ever… Have no doubt folks, Robert Zimmerman (ex-DOD, CIA? employee/contractor) has some dirt on some one in very high political power, enough to pull off the non-conviction of his pathetic evil spawn for a murder committed is cold blood and by intent… The key to justice is to go after the secondary players in this crime, I would start with Jeremy and his wife, looking at them as accessories in the act of murder! Justice can be served, but will not come about with out the aid of people that are not employed by the state of Florida… When you shake this bag the bad apples along with the dirt will start to fall out……

  10. Trained Observer says:

    As discouraging as this month has been, next month brings a bit of light … and here’s an advance look at the movie from the man who found the elderly black butler serving presidents from Truman through Reagan. It’s an excellent read, and a reminder that despite a tragic setback in Sanford, we as Americans have come a long way …

    http://www.washingtonpost.com/lifestyle/magazine/the-butler-movie-forest-oprah-and-me/2013/07/24/7e38d738-d386-11e2-a73e-826d299ff459_story.html

    • You all have thoughtful comments says:

      Thanks for the link, T.O.

      excerpt from the article:

      Nearly 40 days of filming are coming to an end. We’ve filmed a movie about the White House, and about a butler, and about race in America. About the road to Barack Obama. It is difficult for the elderly white people who are playing extras to openly talk about the era of segregation. They politely beg off that line of questioning.

      We’ve filmed in old black churches used in the Underground Railroad. We’ve filmed on plantations where misery lurked. We’ve filmed in an old Woolworth’s that was the scene of sit-ins.

      Some scenes made me think of my mother and her parents, and all the things they saw, they endured.

  11. colin black says:

    Wait a frigging moment..

    Theres something wrong with this picture .

    I suspect you are the ones living in a bizzaro universe.

    A guy can get shot in his own driveway searching his Mothers car for a pack of gigartes.

    An yet a recently released child murder suspect can get stopped for speeding on a public highway.

    An not only have a weapon in vveiw but play with it in front of an armed cop.

    An not only not get blown away to kingdom come.

    He doesn’t even get a ticket ???

    Unfriginbeleivable.

    Proves that smokeing is realy realy dangerous an a serious death risk though.

    • type1juve says:

      Well you have to have just the right amount of melanin in your skin. That’s what determines how you are perceived and treated by the popo.

  12. LBTG says:

    Interesting to see all the judge changes. Defense just keeps changing the judge, until they find one that sings the defense’s tune.

    Don’t know if this is relevant. Received “Martella Memos” today from Mark Martella of the Martella Law Firm, P.L. The front article was titled “Equality and Justice For All.” I thought “goody”; Mark’s going to discuss the Trayvon Martin case, even though criminal law is not one of his practice areas. But unfortunate, that’s not what happened.

    We have a new president of the Florida Bar Association – the first African American president of the FL Bar, Eugene K Pettis of Broward County. “Equality and Justice for All” is the new President’s theme.

    Wonder is the “Equality and Justice for All” theme is going to have anything to do with the racist application of the SYG law. I

    I was also surprised by the Creed of Professionaism of the Florida Bar, which is as follows:
    “I revere the law, the judicial system, and the legal profession and will at all times in my professional and private lives uphold the dignity and esteem of each.
    I will further my profession’s devotion to public service and to the public good.”

    And Martella also quoted the oath members of the Bar take on when they are sworn in as Members of the Bar. The oath states in part:
    “I will support the Constitution of the United States and the Constitution of the United States and the Constitution of the State of Florida; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land….”

    It seemed to me that the attorneys (especiall West and MOM) were disrespectful towards the court. The prosecution didn’t do their job. especially declining most opportunities to object and educating the jurors so they knew if the burden of proof had been met for one of the changes. Can they be taken before the Fl Bar and chastised? Does someone have to report them?

    • Malisha says:

      Maybe that particular judge, not being a regular, is the one who has agreed to throw the case for his own political advancement; others may be wary now because nobody knows whether ultimately it will boost JN’s ratings or tank them.

  13. @ay2z:

    Fred and I are mesmerized by that sermon you posted. Man, can that guy ever preach!

  14. colin black says:

    Woow! says:

    July 31, 2013 at 6:45 pm

    They are just trying to scare the Sybrina and Tracy not to sue. It won’t work. Their attorney is pretty good so I am sure he is gathering everything he needs

    @

    Of course they are but the Fulltons just like there Son Trayvon will not be silenced by a cun shot or a cheap shot.

    They will sue an win just as OJ was aquiteed in criminal court proceedings but

    Found liable in a civil suite.
    That’s why foggages has scored a massive own goal with his inane insane law suit against a media company for editing a tape.

    To make him falsely appear RACEIST.
    ?or whom ever have to let the case drop are they defending or counter sueing or what?

    Any way that law suit in of it self is loaded with proof positive he profiled Trayvon as a criminal because of his skin olour .

    Called him an effin choon an thease MEDIA COMPANYS

    Have expert sound anylists IN HOUSE To clear up audio an present exactly what he is whispering under his breath

    Ironicly M Omaniac an foggage skelletor et all

    Used an edited versin of a tape to play to the court …fn coons bit removed….To complain about A B C removeing a piece of audio.

    Only in bizzareo world right.

    But Im sure the Attorneys representing Trayvons Parents will be anxious to have a pre cusser an watch the civil suite for damges be played out.

  15. Drew says:

    When will Junior kill?

    • Malisha says:

      Naw.
      Junior was mommy’s fave and it made Fogen mad.
      Fogen became the killer and junior became the boykin.
      who’s with mommy tonight?
      not Fogen!
      He’ll never catch up, in the real biggest race in his life.
      Junior never really fell behind.
      First he was better and cuter,
      THEN he was admirable because he went on TV and said all those clever things, and tweeted, and represented.
      Mommy’s always been all over junior.
      Poo Poo Poo Fogen.

      • Two sides to a story says:

        LOL!

        I get the feeling Fogen’s family really doesn’t like him that much but desperately wanted to appear as if they’re a normal family.

  16. colin black says:

    crazy1946 says:

    July 31, 2013 at 3:31 pm

    Is that sorta like dunn, dunn gone and dunn it?

    Sorta Dunn pulled a gun an gone an dunn another un not for fun .

    He thought he saw a barrel pf a gun an couldn’t run

    Not with out his Hun.

    So he gone an done what any one woluldve dunn if confronted with a gun .

    He emptied his gun an made sure there wheels spun an he had them run.

    Now of to the hotel for some wine pizza an fun.

    Just wait till I out do my newly wed son.

    You may have got wed but I sent an African home dead.

  17. Malisha says:

    I got a vision.

    Everybody make their own T-shirt:

    GEORGE ZIMMERMAN IS A RACIST MURDERER
    SUE ME!

    Letter it with fabric paint, bright colors, big letters.

    Wearing them in all 50 states, let him start his defamation suits!

  18. Jen says:

    This is off topic but can the professor or someone answer this for me. Can D’Marquise Elkins sue RZ Jr. for the slanderous tweets made about him in regards to the murder of Sherry West’s infant if it is proved that he is 100% innocent? I feel like the tweet were libelous and likely caused D’marquise pain and suffering.

    • Drew says:

      Also, can all the weird racist stuff the family says and does be used against GZ somehow in civil trial?

      Oddly enough in the criminal trial, the racist stuff was either soft pedaled by the prosecution, or USED AS AN ADVANTAGE (“george assumed blacks are all dangerous Thugz so naturally, he had to shoot!” jurors: “ah, so true!”) by the defense.

  19. @ay2z:

    I am just now kickin it going through your awesome music vids that I missed, thank you so much, thassss Right!

    (I was out sick with a migraine headache yesterday)

  20. Soulcatcher says:

    Maybe he is on his way to Hollywood to star in a new superhero movie.

  21. crazy1946 says:

    It just dawned on me why the Fogdoit was in the Dallas area on Sunday. There are NRA events in Houston, Tx on Aug. 2nd but he won’t go to that one, too many black people in Houston for his paranoia! Then there is one on Aug 3 in Midland, Tx., lots of white supremacy types there, or Aug 3, in Carlsbad, NM, hate groups all over that area, so I would pick this location for him to be going to! Anyone want to bet? He is the hero to the gun right and hate groups and I’ll bet he will be the (paid) guest at one of those events!!

  22. lady2soothe says:

    Open season on Blacks

    Today 7:26 am EST: Florida Police sprayed unarmed man with bullets in his own driveway

    http://www.wptv.com/dpp/news/state/roy-middleton-shot-in-his-driveway-by-deputies-mistaken-for-car-thief

    • lady2soothe says:

      I mistakenly wrote *today 7:26 am EST:* should have been Saturday approximately 2:30 am

      • lady2soothe says:

        Officers fired a total of 15 shots.

        The officers are now on paid administrative leave. Five of the bullets hit the White Town car, which was parked under a carport in a dark area of the property. The deputies claim they were in fear for their own safety, according to the sheriff.

        “He came out of the car with more of a lunging motion coming out of the car, and the deputies were standing behind him and he had what appeared to be a metallic object in his hand,” Sheriff David Morgan said.

        But Middleton’s family doesn’t believe that story. His mother, Ceola Walker, 77, told CNN that:

        her son was holding his car keys with a small flashlight on the key chain. She does not believe he lunged at deputies.

        • boyd says:

          basically he was shot for holding his keys while exiting a parked car on his own property. He was assumed to be 100% guilty of something that’s why they shot.

          they need to file charges against the person who called the Police, sounds like a setup to me.

        • Yorazigo says:

          Usual police (& others) excuse: “I was afraid for my life.”

        • Nef05 says:

          There’s a witness. A kid or young person (not sure of age) who saw it and said the guy didn’t do anything.

          • lady2soothe says:

            And just like Austin wasn’t brought to the stand to testify, this kid won’t get to testify either. The officer’s will be kept on paid vacation, I mean paid admin. leave until this blows over and then hit the streets looking for another Black victim.

  23. diary73 says:

    Quick question about the GZ stop: From what I gathered, SZ is with him. I thought I heard her in the car, and the warning document lists two people if I read it correctly.

    Is SZ supposed to be out of state with her court date pending?

  24. Jasmine says:

    Arrests for 2011 total is 9,499,725. White is 6,578,133 and Black is 2,697,539…so who commits the most crime again? Google it for yourself and see on FBI website. So whenever someone says something about black on black crime send them there. It does break it down by type of crime.
    http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/table-43

    • Yorazigo says:

      Equals (if my math is correct – not a strong suit with me):

      Black – 41% vs White – 58%

      • Jasmine says:

        It is 69% white and 28% Black the rest are Native and Asian races.

        • Yorazigo says:

          Sorry. I used the wrong numbers. Huge difference

          • Jasmine says:

            No problem. It is just sad that all these things are not told since it isn’t a part of the agenda to scare the masses. Black = evil, bad, dangerous, criminal, thug, up to no good, suspicious.

    • crazy1946 says:

      Perhaps my old age has kicked in again, but to do a meaningful breakdown of crime statistics would you not have to factor also population numbers into the process? I mean simply if you have 100 white people and 10 criminals that would be 10%, and if you have say only 40 black people and 10 criminals that would mean 40%… I hope you understand what I am trying to say… you will need to determine the percentage of crime based on the percentage overall of the various races to get figures that are fair… and somewhat accurate broken down by race…

      • Jasmine says:

        Did you go to the link? If so the breakdown is there. I only provided the numbers here.

      • Jasmine says:

        TOTAL 9,499,725 100.0 %
        6,578,133 White 69.2%
        2,697,539 Black 28.4 %
        142,422 Amer.Native/Alaskan Native 1.5%
        81,631 Asian/Pacific Islander 0.9 %

        Math is my thing and so I know how to calculate and plus it is all there to be seen on the FBI website

        • crazy1946 says:

          Jasmine, actually I had gone to the site, before I made the comment above. I have absolutely no doubt that math is your thing, and was in now way attempting to indicate that you (or the site provided was wrong), I was simply trying to explain that the figures did not seem to be correct as a percentage of population, but only as a percentage of crimes committed. If I in some way stepped on your toes, please accept my apology as that was not my intent….

          • Jasmine says:

            No it is fine but that is how the site was read. I did not come up with it. Besides the numbers will never add up. You cannot compare 10% of the white population to 10% of the Blacks because their numbers are not the same, you do not have the same sample size. So when they say 55% of Blacks do this or that, it seems like such a large amount when it actuality it isn’t. There are more whites than blacks, no getting around that so there will always be more whites committing crime than blacks because they have a larger amount of people. I like to deal with numbers rather than percentages because they can be skewed to show what they want to show. Numbers do not lie.

          • crazy1946 says:

            Jasmine, the only reason that it would be relevant is to show what many of us have said for a long time, the figures that the FBI report are not accurate for several reasons. The most important reason for the inaccurate results is the conviction rate for blacks is much higher than that of whites. The second is that whites are not receiving the same charges applied to blacks, there for the conviction rate is skewed…. and finally, the white population even when convicted is less likely to end up in prison that a member of the black population…. It would be interesting to see a truthful study done about the comparison of charges and conviction rate of black and white members of the population as related to drug laws… It is so easy to say the black members of the population need to work harder to get ahead in this country, but leave out of the story, that first they must be allowed to “work” in order to do just that…. Ok, time to simply shut up and go back to doing more nothing.. Have a good day….

          • Jasmine says:

            Actually I was thinking the same thing. That the numbers aren’t accurate especially as far as convictions which I did not research. Plus there are way too many unsolved murders, missing without a trace cases, and rape kits just sitting around. I said what I said to show that the ‘blacks commit more crimes’ just doesn’t cut it. The use of percentages gets to me and I was just saying to my family that I would rather see the numbers. But you are correct the conviction rate for Blacks are higher, plus all those mandatory drug and gun sentencing just keeps more black males in prison. I wanted to dispel the myth that blacks are more dangerous. If people saw the actual numbers maybe they would realize who they should really be most afraid of. I know that all races and ethnicity’s commit crimes but to place all that blame on my race, all on the backs of black people is unfair and unjust.
            Hope you have a good day and thanks for clarifying for me what you meant.

  25. Yorazigo says:

    Professor, this is a quote from the TIME link above. This was not my understanding of the SYG law since Zimmerman declined the immunity hearing. Is this information accurate?

    “The bigger threat to Martin’s family would be Florida’s “Stand your ground” law, which wound up playing a small role in the criminal trial. Under the law, if Martin’s family sued, Zimmerman would be entitled to a hearing at which he would be given a chance to show that he used deadly force only because he was in reasonable fear of death or serious injury. He skipped that step before the criminal trial, but he would no doubt take it if he were sued. And if Zimmerman won his “Stand your ground” hearing, he would not only get the civil suit thrown out, but the law also says that whoever sued him would have to pay him attorneys fees, expenses and compensation for any loss of income resulting from the proceeding.”

    • Girlp says:

      Didn’t he wave SYG how can he go back and undo that?

      • Yorazigo says:

        He did waive the SYG hearing before JN. That’s why I’m questioning the accuracy of the info they are putting out.

    • This is uncharted territory in SYG litigation, so anything is possible. But I think GZ waived his right to an immunity hearing and he can no longer have one.

    • cielo62 says:

      Yorazigo~ gz CANNOT USE the SYG law now because it is a PRE-TRIAL motion before a judge. gz waived his SYG in front of Judge Nelson, so he CANNOT use it now. IF he had gone that route and had been found not guilty AT THAT TIME during the bench motion, yes, he would have been immune to civil suits and no criminal trial would have occurred. NONE of that applies. Please professor, YOU stated this many threads ago. gz can be sued for a civil case. Win or lose, the plaintiffs are not responsible for the defendents’ legal costs.

      ________________________________

      • Yorazigo says:

        That’s what I believed, Cielo. I was just questioning the article and wondering if there was some way they could twist the law since the duty to retreat language was left out of the jury instructions. And from what I’ve been reading here Juror #37 indicated that their decision was consistent with SYG.

        I also had a thought today that AC, BDLR, JN, etc all wanted to just “wash their hands” of this case and thereby leave it to civil court.

        • cielo62 says:

          Yorazigo- maybe I’m hoping I’m right. But the nagging fear that “this is Florida” scares the burritos out of me. 😦

          FROM THE CLUTTERED DESK OF Cielo62

          • Yorazigo says:

            I understand. Scares me too. I live in FL (8 years now) and I had NO idea the extent of corruption and craziness — from CA to GZ, Marissa Alexander, Dunn, Doyle and even things that have happened with friends of mine. I firmly believe its getting worse.

    • crazy1946 says:

      Wow, did you notice they gave not only his license plate number (Florida 816-KLP) they also gave his Drivers license number as well (Florida Z565313833650)! Sure would make it easy to track his movements… or do other things…..

    • Girlp says:

      So I see he’s White again, no longer Afro-Peruvian.

      • Jasmine says:

        Ha he never was. All his paperwork was like that. He said he was white on everything until it because necessary to mention that his mother was hispanic.

        • looneydoone says:

          It would require DNA confirmation for me to believe that woman sitting in court is the biological mother of those 3 kids

    • Thrace says:

      Thanks. Told him to calm down a couple of times. GZ must have been sweating bullets thinking the cuffs might be slapped on him again – Or he was pulling his Eddie Haskell act.

  26. Drew says:

    Posted this in another thread but curious what you guys think of this (SPOILER) dreck:

    http://ideas.time.com/2013/07/16/a-civil-suit-could-make-zimmerman-pay-or-could-backfire/

  27. Drew says:

    What were the reasons given for the first judge stepping down?

    How about in the Foggage case? Why did they go through so many judges?

  28. EdG says:

    Gotta drive through Texas to get to Peru. Where you can be safe from US civil suits.

  29. boyd says:

    Judges turing down high profile cases? Maybe they’re sending a message, change the law.

    you have to be driving pretty fast to get a ticket in texas.

    • boyd says:

      oh He did not get a ticket. Why? I find that rare.

      • Drew says:

        Yeah, I’ve not been in and out of trouble with the law and/or responsible for killing a child but I can never get out of tickets unless my wife is there to convince me not to be mean to the cops.

        I wonder if this cop was afraid to get shot… Or also believes GZ is a hero.

      • Thrace says:

        I’ve never received a warning. The most a cop cut me any slack was knocking a couple of points off my speed, but still gave me a ticket.

      • dianetrotter says:

        He probably gave the guy his autograph.

    • Girlp says:

      Did not think of that boyd, they don’t want to be responsible for letting a murderer go free.

    • cielo62 says:

      boyd~ not really, if you go by a speed trap. Many small towns have sleazy speed traps to get revenue.

      ________________________________

  30. Yorazigo says:

    Wonder what he’s up to, or if this is another publicity stunt.

  31. degraveegmailcom says:

    Fogen in Forny hahahahahahahahahaha!
    Don’t know what it means.

  32. racerrodig says:

    So I think I’ll lay low, drive about 700 miles, for no reason in particular and speed like a demon. Maybe some black thug cop with Skittles will stop me and I can say I was fucking scared, ya know, after all the stress from the trial and all.

    Maybe it’s because 98 % of the world wants Justice and since the Dunn case in on the main burner, Fogen can’tr hanlde being second fiddle despite a Federal Investigation.

    Where was SheLie and who’s truck is it ??

    Gotto love the narcissitic comment “..did you read my name ?”

    Yep, nothing like attracting attention to one’s self……for no reason in particular.

    Then Robbie the Racist goes on about the “innumerable death threats” funny, there’s no proof ?? Hey Robbie, we ain’t buying your bull shit, get a life.

    • Girlp says:

      He thinks he famous when actually he’s infamous.

    • Two sides to a story says:

      That’s the same truck he followed Trayvon in, isn’t it?

    • elcymoo says:

      I saw a comment somewhere that GZ might be headed to Mexico, and brushed it off. I’ve since started to wonder if he’s headed out of the country in order to avoid having to testify in Shellie’s perjury trial next month, or if he’d even stay out until the time limit for filing a civil suit has expired. Does anyone know how long the Martin family has to file one?

      • cielo62 says:

        Elcymoo/ someone earlier posted 2 years. It’s been like 18 months since the murder so basically just a few months are left.

        FROM THE CLUTTERED DESK OF Cielo62

      • Xena says:

        The statute of limitations for wrongful death expires on 2/26/14. Some states require that the defendant party or parties are served by or on that date. Some states require that the suit is filed by or on that date.

        I’m not sure what Florida’s rules of service by publication are, or even if they have such a rule. O’Mara is on camera saying that if GZ is sued in a civil suit, that he will represent him. However, he can always refuse service of summons if GZ has not signed an agreement for representation in a civil case.

  33. Drew says:

    Why isn’t it more newsworthy that guys like this are folk heroes to the right, and not just fringed Storm Front folks – I’m talking Hannity, Coulter, Rush.

    Has it been discussed much on mainstream tv?

  34. Drew says:

    You think this new judge is in on it? Or he’s a pawn?

    • Girlp says:

      Drew I’m afraid this is another fix.

      • Drew says:

        I agree, but what do you think is this new dude’s role? Active fixer or unwitting (unknowing) participant?

      • pat deadder says:

        There has to be more to fogen getting off for murder than just a fix Why was there a fix.The reason is driving me crazy.I get the jurors were racists but fogen must have something on more than just SPD .Why would the prosecutors from Jacksonville care about the SPD.As I look back I think Serino and even Singleton wanted him arrested but something stopped them..Fogen called the guy from the gym the next day WHY.There’s something missing here.How treacherous is this family.Why was omara willing to do almost anything to get him off and even the judge.Maybe there is still hope for dunn getting convicted yet.IDK but I think there’s more to this than we can ever imagine.Did Shelly’s mother get off on her dui.Will shelley get off for perjury.Did this come from the very top and why did they care.I think fogen is more sick than we have even imagined.Maybe he has been cunning enough to get blackmail material against whoever.Oh god I need to go to bed.

    • I honestly do not know. Just wondering what’s going on with the judge roulette game and a county judge handling a circuit court case.

      Judge Nelson’s performance does not give me any reason to assume anything good is going on.

      • crazy1946 says:

        Professor, do you think that possibly they assigned it to him in sort of a holding stage until they can get a circuit judge to take the case? If they do go ahead and hold it in the county court, would that open the door to an appeal if he is convicted? Do we smell a win but lose case by design? That way the state can say they are hard on crime and got the conviction , but the appeal court let him loose?

        • Professor, do you think that possibly they assigned it to him in sort of a holding stage until they can get a circuit judge to take the case?

          No.

          If they do go ahead and hold it in the county court, would that open the door to an appeal if he is convicted?

          Depends on whether they complied with applicable law to appoint him.

          Do we smell a win but lose case by design? That way the state can say they are hard on crime and got the conviction, but the appeal court let him loose?

          I doubt it because the error, assuming it’s an error, is too obvious.

          • crazy1946 says:

            Thanks for the response. This time I am not going to trust the system to work even remotely as it is supposed too…..

      • Two sides to a story says:

        This Florida judge roulette thing makes my head spin.

    • pat deadder says:

      Drew You think this judge is in on it,Absolutely and I’m not sure I can risk my sanity to be so disgusted again.I just want to send a letter to the court and tell them to save the tax payers money and mental health and just give him a ticket for leaving the scene of an accident.That way they don’t have to expend so much energy on their acting skills.need sarcasm thingy.

  35. Brandy says:

    Crane, I also wanted to wish you a belated Happy Birthday 🙂 I hope you had a wonderful day! I believe we are the same age? I will be 54 this coming November. Its pretty cool that my bday this year will be 11-12-13. That date will never happen again lol

  36. Momma says:

    http://inforney.com/home/local-news/item/1182-george-zimmerman-stopped-in-forney-texas-for-speeding
    This site is getting hit pretty hard, so it may take a few times to get it to come up.

    • dianetrotter says:

      Comment below article: He should have gotten a ticket.
      My thought: Maybe the officer was afraid of getting shot.

  37. Brandy says:

    As I posted on the other thread, TMZ.com has the whole story along with traffic stop pic and that is Georgies truck. Maybe someone can post the TMZ story here. I have probs with copy and paste. I have to work on that. lol

  38. smokeegyrl says:

    Sorry… I know this is about the Dunn case… just letting everyone know Zimmerman is in Texas… http://www.tmz.com/2013/07/31/george-zimmerman-speeding-traffic-stop-gun-firearm-texas/

  39. http://www.nydailynews.com/news/national/george-zimmer-article-1.1413866?localLinksEnabled=false

    GZ, “going nowhere in particular” with gun, pulled over for speeding in Texas:

    It takes some doing to get pulled over for speeding in Texas, it would seem. Don’t they have that newer 85 MPH speed limit?

    • PS You watch. It will be the librull media’s fault he was pulled over for speeding in Texas.

      Bet on it. Plus, he sure is doing great at keeping that low profile, right?

      • So it took him about what, 2 weeks…to break the law.

        • Sophia33 says:

          Yep. No regard for the law or authority. Like I said, Karma will take care of Fogen.

          • I suppose when he kills a family on a freeway someplace, he’ll claim self-defense, because it’s all those other people who force him to drive like a madman.

          • crazy1946 says:

            If I had the money, I would help Karma out by placing ad’s in all the Spanish speaking radio stations in Texas, New Mexico, and Arizona to simply read what he wrote about Mexicans on his “my space” pages…… 😉

        • Brandy says:

          Hi Crane, I agree! GZ was already a arrogant narcissistic sociopath to begin with. Now that he got away with the ultimate crime it will only feed his deviant ego 10 fold. In a way this is good because the karmic universe is not close to being done with this POS yet!! I feel he will get what is coming to him sooner rather that later! I predict he will be murdered, die in a car crash or he will eat himself to death. Either one is fine with me

          • a2nite says:

            “The family” would have to be white and at least middle class for anyone to do anything about evil racist murdering monster.

          • a2nite says:

            Fine with me, sooner rather than later.

          • Drew says:

            Call me paranoid, but I find it unsettling that this idiot is in Texas now, all of a sudden.

            What’s going on with the civil trial?

            Think he’s trying to get out of Dodge?

          • type1juve says:

            It wouldn’t bother me to read about him crashing into a brick wall at 100 mph, single car accident of course.

          • cielo62 says:

            type1juve~ that happens alot in Texas…

            ________________________________

        • Dan Q. Smith says:

          He’s like “Where’s Waldo”. Well, with the addition of being a psychol killer.

        • pat deadder says:

          Crane So it took him about what,2 weeks to break the law.Um that we know of, god knows what he’s done.

      • Sophia33 says:

        Crane, I agree with. It’s always someone else’s fault.

        Crazy, you would certainly be helping Karma out.

      • Girlp says:

        Most likely off his meds, he looked at though they really had him drugged up during the hearings and the trial.

      • racerrodig says:

        Owww, come on now….he’s on the “Overturned SUV Patrol”

        • Girlp says:

          Remember when he grows up he wants to chase crimminals. Maybe he’s chasing himself

        • Oh, that’s right, I almost forgot. Where was O’Mara today, bragging about how his client got pulled over a mere 2 weeks after being acquitted?

          • pat deadder says:

            Crane-Station Not to change the subject but where can I find the beginning of your story.And just to say fogen was going no where special.I guess he doesn’t consider Hell any place special.

          • I started placing the story on Firedoglake, actually, and then about 5 or 6 essays in, I got my own website (which I no longer use. I put everything here now. ) So, the essays in rough form are at those 2 sites, but the essays are in random, mixed up order, in terms of content. In the beginning, I was just numbering them, but then, I started giving each essay a title.

            I then put Frog Gravy aside and did not look at it for a long time, and am now, at this site, in the process of putting the essays more in order, combining them so that they flow better, and in some cases, leaving the essay out, but taking away a thing or two, for combining into others, during the edit process.

            I needed to step away to get perspective and then return and put in order that made sense, for a book.

            Frog Gravy was difficult to write, in terms of the emotional impact of reviewing some of the stuff; some of it horrifies even me, today.

            At any rate, the beginning essay, as I wrote it the first time, is here:

            http://froggravy.wordpress.com/2011/06/23/frog-gravy-the-incarceration-experience-1/

            The beginning chapters are a bit rocky, grammatically and flow-wise, and this will be corrected on the edit I am currently doing.

          • Two sides to a story says:

            Ugh. He thinks he’s exempt from almost any law, obviously. We can hope he’ll finally get nailed for something.

          • You know and the sad thing is, it may very likely be a ‘something’ that never had to happen.

      • drjoann says:

        Wouldn’t it be ironic if he were pulled over because the TX cop profiled him as a “Mexican”?

        The 85 mph speed limit is for a certain toll highway and, perhaps, the wide, wide open spaces. Certainly, not that close in to Dallas.

        The one time I was pulled over for speeding in TX, I was in the Hill Country. I wasn’t going that fast (by TX standards), but it had been lightly raining and it was getting near dusk. The police officer let me go with a warning but he wanted me to slow down because there were plenty of deer around and conditions were bad if I had to hit the brakes. Also, I was a middle-aged white woman with my teenage daughter in the car.

        The cop did ask me where I was going and where I had been.

    • Sophia33 says:

      Haha! You beat me to it. I was just about to post this Crane!

      BTW, I didn’t get to wish you a happy birthday. May you have many more to come.

    • Trained Observer says:

      Fogen going “nowhere” …. that’s an apt description. The next Texas cop might not let this jerk go so easily.

    • cielo62 says:

      Crane~ Only in some places. Many small town make their money from speeders.

      ________________________________

    • diary73 says:

      I wonder of GZ obtained the proper reciprocity documentation and permits to cross through Louisiana and Texas with a Florida concealed carry permit. The article says he was detained for five minutes and released. Did he get a ticket? Did the officer check on his legality to carry in Texas?

      Did this man get another freakin’ pass???????

      • Oh I am sure he did.

        Trust and believe nobody else in the freakin world would get a pass.

        • pat deadder says:

          Sorry again Crane-Station I just went over to your sight.Have you written about how this nightmare has changed you.I mean you must be a very strong person to have come out of this sane.I.m shocked that you have such a sense of humor after all the trauma.I spent two nights in a jail when I ran away and was found on a street with no money.I was terrified.I had never even been to a city.Somehow someone decided to send me to a minister’s home Him and his wife were amazing.After a week.they gave me the money for the train ride home.I told them I would pay them back and I did. They sent me a letter to thank me can you imagine..How lucky was I.That was 50 years ago this is the first time I’ve talked about it..The jail experience I just can’t go there.That’s why I marvel at your ability to put this on paper..Please write a book.

      • lady2soothe says:

        CFF Report: More details on George Zimmerman’s traffic stop while carrying a gun near Dallas Texas.

      • “No where in particular? Why do you say that?”

        “Go on and shut your glove compartment. Don’t load your firearm, okay?”

        “I want you to slow down for me, okay?”

        What a fucking load. If is was me they’d have my face on the ground, cuffed.

        Thanks for the dashcam.

        • lady2soothe says:

          @ C/S:

          Someone on HP pointed out GZ was already parked along the side of the road, and I thought BS… However upon rewatching the video, I realize the poster was correct… This may very well have been a set-up so people would think GZ is in Texas.

          1199 Fans Become a fan
          8 minutes ago (11:49 PM)

          I have never seen the police stop a vehicle for speeding when that vehicle has been stopped on the road for several minutes. As the truck is speeding by; you can see on the right side of the screen a truck already on the side of the road STOPPED. As the police gets closer you can see the truck closer which has just been sitting on the side of the road for several minutes while the speeding truck continues to speed on by pass the stopped truck on the road. The police never stopped the speeding truck.

          Therefore I conclude that this was all staged; and if it was all staged that would mean Zimmerman was not in the truck that was sitting on the road for several minutes.

          • pat deadder says:

            lady2 I’m with you there’s something fishy about this whole story.

          • cielo62 says:

            Pat- if it involves gz, there’s a lie in it somewhere.

            FROM THE CLUTTERED DESK OF Cielo62

          • lady2soothe says:

            If it hadn’t been pointed out I wouldn’t have noticed, as per usual I was multi-tasking, saw the cop (or actor) following the speeding truck & just *assumed* he pulled that vehicle over, but watching the 2nd time around, saw the truck parked at the side of the road with blinkers flashing, speeding truck flew by, video cam car slow down, stopping… The paperwork posted online is easy to fake…. I believe GZ and friends are still trying to con the public, but why? Is he escaping the country?

        • fauxmccoy says:

          oh crane — that is too damn much. i am reminded of the last time i was in the south, staying with my aunt in fayetteville, GA which neighbors peachtree city (a ‘planned community’ where all residents drive golf carts everywhere). the local paper published an article about 2 guys getting pulled over on the highway — the golf cart owner was a drunk white guy who knew he was too drunk to drive so he conned his blind black friend to drive it for him. yup. the blind driving the drunk on a golf cart on a georgia highway. good stuff.

    • lady2soothe says:

      The article/video didn’t mention anything, but I wonder if SZ was with him?

      PS. Happy belated birthday Crane, hope you enjoyed your day

    • Two sides to a story says:

      I just caught that on Facebook.

      I dare him to come to Mexifornia with that gun.

    • looneydoone says:

      Riding along in my automobile… “with no particular place to go”
      Chuck Berry song

      Seems like he’s headed in a northwesterly direction. Destination Sandpointe, Idaho ? Or mebbe the “III Citadel” a walled compound for rightwing *patriots” in Benewah County, ID ?

      • Dunno, but come to think of it, a compound befits him. Wait. Isn’t he gonna be late for the start of law school, where he is going to study to be a judge? Classes are getting underway soon.

        • looneydoone says:

          He’s gonna take on-line become a Judge courses, just like Shellie’s on-line RN classes. When O’dirty’s elected Governor of Flori-gun fogen will be appointed to the bench, of course. He’s a real plan ahead sort of guy 😉

    • dianetrotter says:

      He is a glutton for publicity. Can you believe he said, “Don’t you recognize me?’ I’m sure he used the “It was God’s plan” stupid face.

    • so he carries his gun in the glove compartment. a) he must have taken it from the gc when he got out to chase Trayvon and b) he mustn’t be too scared for his life since if a big bad fogen hunter was afoot he wouldn’t have time to get it.

  40. a2nite says:

    Guess he drew the short straw.

  41. colin black says:

    Bass foot fowrd I say forward up his colon direction.

    Its time one of thease whack jobs done some time for the crime.

    Dunn cant escape not this time.

  42. colin black says:

    No one following me or oolin for an address you got a problem youdo now

  43. Girlp says:

    Not a good sign.

  44. Rachael says:

    it is all getting to be so crazy.

    • cielo62 says:

      Can I be the first to say “the fix is in”? That way I can’t split a major organ when it happens later.

      • crazy1946 says:

        Well, Dunn did claim self defense, after seeing a shot gun stick…. How could he be guilty, all he did was kill another one of those pesky black thugs, right? Or at least that is how he thinks in his mind…. He will probably complain that it was not his fault that he killed one of them, the others were too fast for him to hit!! It would defy logic to think that this man will walk away with out justice having been served…. but then again it did happen in Florida, so anything goes……

      • Girlp says:

        Looks like it, hard to believe all you have to say is they frighten me so I killed them. Of course you can’t use this excuse if your Black and you kill somone White. They can do this even if the evidence shows otherwise.

      • pat deadder says:

        cielo62 says can I be the first to say the fix is in.That way I can’t split a major organ when it happens later.I know I know but that was so funny.I was feeling discouraged but you all here have brought me back.I wish someone could mobilize the young people at colleges to protest these atrocities like President Obama did for his reelection.I’m thinking the young people are getting past racism but then again I have been wrong occasionally.I’m just thinking of the 60’s protests are the kids so inclined in this day and age.

  45. colin black says:

    The Bastards had enough of ya Bass.

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