Updates in Zimmerman and Dunn cases

Thursday, March 6, 2013

Good afternoon:

George Zimmerman and Michael Dunn are back in the news.

George Zimmerman has a hearing scheduled for tomorrow in his civil case against NBC.

To get that case back on track (it was stayed pending the entry of a final order terminating the criminal case), he is abandoning his effort to obtain an order requiring the State of Florida to pay his costs and fees in the murder case and he is asking Judge Nelson to dismiss pending claims filed on his behalf by his attorneys against Bernie de la Rionda and the State Attorney’s Office for sanctions and to reimburse them for costs incurred because of discovery violations.

Mark O’Mara and Don West have joined in his request.

State Attorney Angela Corey is opposing his request for an order dismissing those pending motions.

She wants to litigate those matters because she is confident that she will win on the merits and she wants that result so that there will be no doubt that her office did nothing wrong.

I can understand where she is coming from, but litigating those matters would be a waste of time. Nothing remains to litigate when a moving party withdraws its own motion.

Dismissal of the motions should clear the way to enter a final order in the murder case.

I do not believe the defamation lawsuit against NBC has any chance to succeed.

Meanwhile, Zimmerman’s motion to set aside the order of default in the divorce case that Shellie filed has been granted. That effectively rewinds the case to zero. I do not believe either of them have any assets to divide up, except guns, ammo and a worthless defamation suit against NBC.

I did not handle divorce cases when I practiced law, so I am just guessing when I say that the $1.5 million debt to O’Mara will be his obligation alone. Nevertheless, I believe he may be able to challenge the legitimacy of that debt by suing O’Mara for breach of contract. O’Mara agreed to represent him pro bono and I do not think he could unilaterally change that agreement without Zimmerman’s consent.

For all I know, O’Mara may have obtained Zimmerman’s written consent to change the fee agreement.

Now, let’s turn to the Michael Dunn case.

Michael Dunn’s attorney filed a motion seeking to continue the sentencing hearing until after the retrial of the murder charge. Cory Strolla pointed out that Dunn still has a right to remain silent pending the retrial and he does not want to give a statement about the offense to the probation officer assigned to write the presentence report.

That is a valid point, so I am expecting Strolla’s motion will be granted.

The sentencing is scheduled for the week of March 24th.

I do not believe a date has been set for the retrial. Corey has 90 days from the date when the mistrial was granted to commence the retrial. Look for the court to schedule the retrial sometime in early May.

That date will have to be continued for several months if Strolla withdraws because Dunn is out of money. New counsel will require several months to get ready.

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

This is our 922nd post and its time again to request donations. We work hard to keep you informed by filling in the blanks between the lines. After 30 years in the trenches, I am familiar with all of the rules and strategies prosecutors and defense counsel utilize. Experience counts and most of my predictions have been accurate.

Adjusting and fine tuning to dial in the white fear and racist corruption frequencies in the Florida courts took some doing, but I am on track now.

Please make a donation, if you appreciate what we do.

Fred

23 Responses to Updates in Zimmerman and Dunn cases

  1. Carlyle Moulton says:

    Salon has an excellent article by Lisa Bloom high lighting the racism and the mistakes made by the Zimmerman prosecution that may have made an acquittal all but inevitable. It still leaves unanswered whether this was because of sheer incompetence or because their hearts were not in it, prosecuting a white man for killing a black teenager

    • Carlyle Moulton says:

      Actually I miswrote. The article is by Paul Roseberg and is a a precis and review of a book by Lisa Bloom entitled “Suspicion Nation: The Inside Story of the Travon Martin Injustice and Why We Continue to Repeat It”.

    • lyn says:

      I think the prosecution were plain incompetent. All that arm waving, shouting and leading questions were awful from the get go. as was Bernie’s, although with witness John, I think an acquittal was predestined. Not a fan of Lisa Bloom particularly her writing that Doc Bao was good. OUCH!

    • mark hellner says:

      That is a good article in that comparing a “believable” story to actual evidence is what should be done, and was not, in the trial of George Zimmerman.

      One area I disagree with her is that she seems to accept the George Zimmerman could not fight meme.

      I disagree.

      He was only scared because his racist mind told him that all black males who wear hoodies have a gun. Note that his voice on the 9-11 tape has a lot of tension when he states:

      He’s turning around and looking at me

      He has his hand at his waist.

      The helpless George Zimmerman being pounded by a rather small teen story is rife with racism was never subject to critical thought.

      A) A self-appointed expert told the jury that Zimmerman could not fight because he could not punch.

      How does that prove anything?

      I have wrestler friends who I could tattoo with either my jab or overhand left who can easily put me down into a submission hold. In fact, it is my opinion that a grappler is a better street fighter than a boxer.

      B) The self-appointed experts did not test Trayvon Martin. So how can they make a viable determination of the relative fighting skills of Zimmerman with respect to Martin? What makes the assumption that Martin can fight valid? Because he is Blaaaaaaack?

      So I think her great analysis would be even better if she applied implicit racial bias the way to easily accepting of the story that Martin was able to easily put down a 50 pound heavier man and start a life threatening pounding.

      In fact, it is my opinion that Zimmerman had superior grappling skills. One thing you do with an opponent wearing a hoodie is to grab hold of it so that he is under your control. The person in the hoodie will not be able to generate leverage with his punches. So any strikes will produce minimal damage. Which is what Zimmerman had on his face. A leveraged strike would have opened a cut or created a nasty contusion that swells up. I feel that they got into a tug of war as Martin tried to break free and, at some point, Zimmerman pulled hard and back to slip such that he fell back on his fat butt. This is what Goode saw. After that, Zimmerman pulled his gun after regaining his stance to end the struggle. How else does TM’s body end up where it is? Or are we really supposed to believe that a boy with a shattered heart and lungs can say “you got me”, stand up, and move back a few paces?

      • Lynn says:

        Agreed, Mark. Many of us here believe Trayvon was pulling to get away with Fogen hanging onto his hoodie. It wasn’t a watermelon drink can that weighed down his hoodie and allowed those bullet holes to misalign. There was no can in his undershirt. Fogen had him a big handful of clothing tugging down and leaving blood smudged dots that, as far as I see, are thumb and finger fist grip marks. The string going through the hoodie had the rivet-hole torn as though someone ripped it trying to get away. Hell, he fell with his feet all turned and twisted as though he was being twirled around like a ballerina. Those feet were not natural like someone mma-beating someone and then falling back. Not by a longshot.

  2. fauxmccoy says:

    may they both fester in hell for eternity.

  3. Malisha says:

    Dunn was trying to get his sentencing delayed so the state would inadvertently create a habeas corpus avenue for him to get out of jail free and never be bothered with these silly charges again. Here’s how: They postpone sentencing. He appeals and loses. He exhausts his “state court remedies” and files a federal habeas. He shows that delaying his sentencing was unconstitutional and he skates. It’s not as dumb as ordering pizza but it’s not expected to be. He coulda got away with it if there wasn’t such an uproar about how badly Corey messed up the Fogen trial. Just my opinion.

  4. Thank you for keeping us updated.

  5. Joseph Norton says:

    Professor you stated “George Zimmerman has a hearing scheduled for tomorrow in his civil case against NBC” but the judge issued the following order “The status hearing scheduled for March 7,2014 is moot and therefore cancelled”

    http://www.flcourts18.org/PDF/Press_Releases/Order_on_Stipulation_and_Order_Dissolving_Stay.pdf

  6. bettykath says:

    ADA Mantei responded to Dunn’s request to postpone sentencing by pointing out that Dunn chose to give an interview to the police and he testified under oath, so he has already spoken about the still open charge. Does that mean anything?

    • Trained Observer says:

      Corey’s ASA John Guy disagreed in a motion, noting Florida law does not allow for a delay in sentencing because a defendant faces other charges. “The state submits that the defendant will not be placed in a ‘legal dilemma’ by proceeding to sentencing prior to the resolution of his remaining charge,” Guy said. “By providing a recorded statement to police and by testifying under oath at the trial of the instant case, the defendant has made his position on all pending charges clear.”

      • George Zimmerman’s problems will come when we stop talking about him. What I mean to say is once he is relegated to yesterdays sad news he will act out and try to garner attention.

        I imagine by now Michael Dunn is not the guy we saw at the trial or heard on the tapes. He’s becoming a prisoner, a jail guy..it’s an ugly evolution. He will be more cautious in everything he does..

        • Trained Observer says:

          Agree totally on Fogen. When his traffic stops and auction nonsense stop making news, he’ll resort to higher profile antics.

          Dunn will do whatever he can to stay in the Duval jail for as long as possible. Far preferable to a Florida state pen.

  7. texad says:

    Professor,
    First, how can I contact you other than this website?

    Secondly,
    Fogen is imploding. I predict some ugly things are about to happen. He and his twitter “followers” are livid because 10 hours ago he was bragging about seeing them at a local gun show this weekend. When the facility found out about his intention to show up for the gun show, they apparently disinvited him. He and his “followers” are tweeting all the Faux News folks and talking about reverse discrimination and Al Sharpton and tweeting the phone number of the faciility management to protest. He still does not understand that the decisions he made on February 26, 2012 will follow him for the rest of his life. And not in the way he imagined.

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