More indefensible errors by Bernie de la Rionda

July 23, 2013

Tuesday, July 23, 2013

Good afternoon my friends,

Crane and I slept late yesterday. We eventually decided to take a day off from blogging and went for a ride on the motorcycle.

During the ride home, I thought of two additional examples of inexcusable prosecutorial bungling during the Zimmerman trial; namely, failure to adequately prepare witnesses to testify and failure to adequately protect them from harrassment by defense counsel.

Dr. Shiping Bao, the Assistant Medical Examiner, apparently believed that he could write out what he wanted to say before court, read his statement to the jury, and answer any questions the jurors might have had. He put many hours of effort into preparing his report, including time spent reviewing peer reviewed papers and notes published in professional journals. That review and the autopsy results obtained by another medical examiner in a similar case led him to change two of his original conclusions. For example, he changed his opinion regarding how long Trayvon Martin might have remained conscious after the shot from an estimate of two to four minutes to possibly as long as ten minutes.

Bernie de la Rionda knew or should have known that Dr. Bao probably was not familiar with court rules and procedures. He should have contacted him to find out if he had updated his official report and whether he was familiar with the question and answer method of interrogation. If he had contacted Dr. Bao, he would have realized pretty quickly that Dr. Bao had supplemented his official report and needed to be briefed on the basics.

For example, Bernie would have told him that the rules limit witnesses to answering questions asked by the lawyers or by the judge. He also would have told him to stop answering a question asked by a lawyer, if opposing counsel objects, and wait for the judge to overrule the objection before answering.

Rachel Jenteal also would have benefited from the same advice.

Bernie owed a duty to all of his witnesses to protect them from the defense tactic of repeating a question many times and eventually changing the meaning of the question by adding or eliminating a keyword to it that the witness overlooks to the detriment of the prosecution case.

The proper objection is, “the question has been asked and answered.”

Finally, much grief would have been avoided, if witnesses were told to answer questions on cross with one of the following answers:

“Yes,” “No,” or “I don’t know.”

______________________________________________________________

Your continuing support allows me to continue posting independent articles like this.

Please consider making a donation to keep independent journalism alive.


The prosecution concealed police corruption in Zimmerman trial

July 21, 2013

Saturday, July 20, 2013

Good evening my friends:

The jury delivered its verdict in the George Zimmerman trial a week ago tonight. I was shocked and dismayed by the verdict. Like most of you I initially focused my wrath on stealth juror B-37 because she basically admitted on national television approximately 12 hours after the verdict was announced to having decided that “George” (referring to him as though he were a personal friend) was not guilty before she heard any evidence in the case. Indeed, her summary of the evidence matched the false narrative that Mark O’Mara had been preaching and the national media had been duly reporting for a year.

She bought O’Mara’s Trayvon-is-a-thug story despite no evidence to support it. Her race-based criticism of Rachel Jenteal’s manner of speaking and her consequent decision to ignore her testimony was a breathtaking admission of racist thinking that she quite obviously regarded as acceptable normative behavior that no one would question.

When I thought she could not possibly do more damage to herself, she added insult to injury with her giddy announcement that she had reached an agreement with a literary agent to sell her story to a publishing house before the story was even written. Never mind that she or her attorney husband must have contacted the literary agent in violation of the sequestration order, unless they contacted her in the middle of the night after the verdict was announced.

I seriously doubt that literary agents accept cold calls on late Saturday nights and early Sunday mornings from unpublished authors pitching ideas for unwritten books. Thankfully, the agent had the good sense to nix the deal once she realized she was dealing with an out of control racist wacko.

I was so disgusted and angered by B-37’s false statements under oath during voir dire, her willful violations of the sequestration order and her oath to follow the jury instructions that I urged the prosecution to prosecute her for perjury. Well, I have not seen any sign that Angela Corey intends to make an example out of her to warn future jurors not to engage in those behaviors. Seems to me that such a prosecution probably is necessary in Florida to convince jurors that an oath truly is a promise to tell the truth under penalty of perjury. In addition, B-37 truly is an unrepentant racist and egregious human being who deserves to spend time in prison for who she is as well as what she did.

While I have no doubt that B-37 contributed significantly to the miscarriage of justice, she was not alone. I also hold Angela Corey and Bernie de la Rionda responsible two disastrous tactical decisions; namely, the decision to remove race from the case and the decision to refrain from aggressively attacking Investigator Chris Serino and Officer Doris Singleton for their testimony supporting Zimmerman and vouching for his credibility. Serino, in particular, deserved to be raked over the coals for tampering with witnesses at the crime scene in an attempt to convince them that the defendant uttered the terrified death shriek.

Witness tampering in a murder case is a felony punishable by up to life in prison.

I first read about Trayvon Martin’s murder while the Sanford Police Department was still investigating the case and it seemed that Zimmerman was not going to be charged.

Their reluctance to charge appeared to me to have been imposed from the top down by State Attorney Norm Wolfinger and Chief Bill Lee due to as yet unknown reasons political reasons rather than the merits of the case.

That is corruption and that is not how our legal system is supposed to work.

As soon as I reviewed the defendant’s statements, including what he said during the NEN call, I realized that this case was all about race and could not be understood without mentioning race. If Trayvon Martin had been white, for example, the defendant would not have called the police.

I wrote an article in which I stated that anyone who believed George Zimmerman’s story was necessarily a racist. That is, one had to assume that Trayvon was a violent and crazy thug who all of a sudden for no apparent reason decided to attack and attempt to kill with his bare hands a menacing stranger who had followed him in a vehicle and then on foot after Trayvon had successfully eluded him by running away and hiding in a dark area behind a building containing townhomes. No person in their right mind would do that.

The defendant described Trayvon as a stereotypical black gangsta popularized in comics and blaxploitation films. In order to believe Zimmerman, people had to believe that the stereotypical black gangsta in films actually exists in real life.

I have represented black gang-bangers from Los Angeles who were members of the notorious Crips and Bloods. They were real flesh and blood people with more than a passing interest in survival. Yes, they had participated in gang violence and killed people but they planned what they did and they acted together. They did not utter dated movie lines or issue warnings to their intended victims before shooting them. They did not wander off unarmed and alone somewhere and suddenly decide to attack and kill a stranger with their bare hands. None of them would have believed Zimmerman’s ridiculous story. Only a white racist fixated on young black males who gets a thrill out of watching movies about mean and vicious black gangstas believing that they represent real people would even be capable of making up such a ridiculous story.

I was and continue to be astonished that anyone believed his story.

I believe that the extent to which it is believed offers a pretty accurate measuring stick indicating the prevalence of racism against blacks in our current society.

George Zimmerman did not profile Trayvon Martin as a thug casing the neighborhood for a house to burglarize in the RTL around 7 pm on a rainy Sunday night in late February because Trayvon was wearing a hoodie and walking around in the rain. He profiled him because he was a young black male and he invented a self-defense claim to justify killing him by describing Trayvon Martin as character in a movie.

Race was the proverbial elephant in the living room and the prosecution should never have agreed not to mention it. Zimmerman selected Trayvon because he was black and he hunted him down and attempted to detain him because he assumed certain things about him because he was black. He was the aggressor because he was determined to prevent him from escaping out the back entrance before the police arrived just like all of the other fucking coons and assholes who got away.

A review of all of the defendants NEN calls establishes that he obsessed about blacks. Black residents of the RTL had negative experiences with him where he accused them of wrongdoing. A visible pattern emerges of Zimmerman repeatedly assuming that blacks engaging in normal activities actually were up to no good and he called the police NEN to report them.

All of this evidence was relevant to why he selected Trayvon and why he killed him

As John Guy said, “George Zimmerman did not shoot Trayvon Martin because he had to. He shot him because he wanted to.”And he did it because Trayvon was black.

In other words, he committed a federal hate crime and I hope the Justice Department prosecutes him.

I do not know why the prosecution decided not to stress the importance of race. I imagine Angela Corey made the decision with Bernie de la Rionda’s consent. I do not believe John Guy or Richard Mantei participated in that decision. I think Corey and de la Rionda owe us an explanation.

They also inexplicably allowed Chris Serino and Doris Singleton to support George Zimmerman’s claim of self-defense. I can understand not wanting to attack a law enforcement agency in order to avoid incurring the probable wrath of other law enforcement agencies. However, once Serino and Singleton turned against the prosecution, Bernie de la Rionda should have torn Serino to shreds by bringing out that he tampered with witnesses to get them to identify George Zimmerman as the person who uttered the terrified death shriek and he set up Tracy Martin at his most vulnerable moment to deny in front of other officers, including Singleton, that he could positively identify Trayvon as the person screaming.

Serino was obviously following orders issued before he arrived at the crime scene. The fix was in and the orders were issued from the top down. He ran that investigation to produce the appearance of an investigation and he only varied from that course of action at the last minute when he realized that the department was not going to get away with not charging Zimmerman. I think he made that decision on his own hoping to save his job and hoping people would not look closely at what he did.

I think he was a trusted player in the corruption game or the Chief would not have put him in charge of the investigation.

Bernie de la Rionda also should have confronted Singleton for wearing awards on her uniform that she had not earned.

The verdict in this case might well have been different if Angela Corey and Bernie de la Rionda had not made these decisions.

The bottom line is Chris Serino and Doris Singleton are corrupt cops in a corrupt police department. They still have their jobs and that suggests that the effort to clean-up the department is only for the sake of appearances.

The prosecution’s decision to allow them to lie and gut their case to justify and conceal how they mishandled the investigation bespeaks a form of intolerable corruption in which Angela Corey and Bernie de la Rionda aided and abetted corrupt police work.

And the end result is that a racist lying psychopath is now free to kill again.

That is why I cannot and will not accept this verdict as legitimate, ever.

This is why I join with LLMPapa in urging Attorney General Eric Holder to prosecute George Zimmerman for a hate crime.

I regret to say that I do not believe Zimmerman will be charged with a hate crime. I fear the decision will be made for political reasons rather than on the merits of the case itself.

Assuming I am right that will add even more corruption to a corrupt and shameful case.

At the very least, by speaking truth to power, we draw a line in the sand and declare for all who have eyes to see that we are not fooled by the appearance of justice. We saw through to the corrupt core of this case and in this way we honor Trayvon Martin and his memory.


What to expect tomorrow at the hearings in the Zimmerman case

June 5, 2013

Wednesday, June 5, 2013

Good morning:

Except for RZ, Jr.’s unsupported claim that Dr. Alan Reich’s opinions are based on voodoo science, nothing new has been reported in the press today about the case.

Speaking of new, the purpose of a Frye hearing is to determine whether a new or novel scientific theory or methodology is generally accepted in the scientific community. If the answer to the question is “No,” evidence obtained using that theory or methodology will be excluded and the jury will never hear about it.

If the theory or methodology used is not novel or new, the evidence will be admitted and objections to the accuracy of the results will go to weight and not admissibility. In other words, the jury will determine how much weight to assign to the evidence.

I think the defendant’s objections go to weight rather than admissibility, since the technology used is not novel or new.

Therefore, I am predicting that Judge Nelson will deny the defense motion to exclude testimony by the defense audiologists, including Dr. Reich.

The other motion scheduled for tomorrow is the defense motion for sanctions and a judicial review of alleged prosecution discovery violations. This will involve a continuation of the hearing that began last Tuesday with Wesley West on the stand. West, the former Nassau County prosecutor who resigned due to differences of opinion with State Attorney Angela Corey last December, represents whistleblower Ben Kruidbos, the Fourth Circuit Director of Information Technology who is going to testify that Bernie de la Rionda had photographs and video from Trayvon Martin’s cell phone that he did not disclose to the defense.

As I have said before, “Who cares?”

BDLR turned over the BIN file to the defense back in January, but the defense did not hire anyone to extract it or purchase the software to do it themselves.

In addition, the information on the phone is not relevant, admissible or exculpatory and, in light of Mark O’Mara’s lie about a video supposedly depicting Travon laughing as his buddies beat up a homeless person, O’Mara should have the decency to withdraw the motion and apologize for filing it.

He will not do that, of course.

I would deny his frivolous motion and fine him, if not jail him for contempt, but Judge Nelson is nicer than I am, so she will just deny it or hold off on issuing a ruling until after the trial, which is what she did with the last defense motion for sanctions.

The testimony from the audiologists should be interesting and worth listening to. After they are finished testifying, I think O’Mara will deeply regret having asked for a Frye hearing.

This is a golden opportunity for BDLR to inform the jury panel, the nation and the world on the eve of trial that Trayvon uttered the death shriek.

The hearing is scheduled to begin at 9 am EDT.

We will live blog on the road via livestream from a motorcycle somewhere deep in Tennessee.

Ciao, baby.

______________________________________________________________

Please keep those donations coming.

We’ll need the gas money to get home.

Many blessings to all of you from

Fred and Crane


Defense has known about bicycle fight video for 9 months

June 3, 2013

Monday, June 3, 2013

Check this out.

It’s a copy of a discovery-demand letter from Don West to Bernie de la Rionda that establishes that the defense knew about bicycle video clip on Trayvon Martin’s phone for at least nine months. The letter is dated September 19, 2012.

West says:

You mentioned that you had seen a video connected to him [Trayvon Martin] in some way regarding a bicycle. We were previously unaware of anything like that, but later saw a clip taken from his cell phone SIM card that may have been what you were referencing.

Since the defense has known about this video clip for at least 9 months, I cannot imagine how Mark O’Mara could innocently have mistaken it for a video of two of Trayvon’s friends beating up a homeless person.

Mark O’Mara has some ‘splainin’ to do and the third person apology on his website ain’t gonna git ‘r done.

While he is explaining his way out of that mess, he should also explain why the defense is now seeking sanctions on the ground that this video was not disclosed to them.

(H/T to Big Boi for letting me know that a poster at Crime Watcher’s found the letter. He is also on Twitter as @TruthThere.
Also, thanks to LLMPapa for the link to West’s letter)

______________________________________________

Please keep the donations coming.

There will be no free time between now and when the jury renders its verdict.

Nobody else is going to write articles like this one.

I’m your ticket to Inside the Game.

Fred


Mark O’Mara should be sanctioned by the Court

May 30, 2013

Thursday, May 30, 2013

Good morning:

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.

_________________________________________________

I hate to hassle people for money, but contributions have been lagging this month.

Writing articles every day and maintaining the integrity and safety of this site from people who would like nothing better than to silence us forever is a tough job requiring many hours of work.

If you like this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.

Thank you,

Fred


Mark O’Mara engineers snipe hunt to avoid responsibility for publicizing irrelevant evidence

May 29, 2013

Wednesday, May 29, 2013

Good afternoon:

NBC News reported late yesterday:

A Florida judge ruled Tuesday that George Zimmerman’s defense team cannot mention Trayvon Martin’s suspension from school, prior marijuana use, text messages or past fighting during opening statements at next month’s trial.

Judge Debra Nelson said that during the trial she will consider motions to admit details as evidence on a case-by-case basis, outside the presence of jurors who will decide if Zimmerman is guilty of second-degree murder in the shooting death of Martin.

Although this statement is technically correct, it also is misleading because Judge Nelson actually concluded that the evidence was irrelevant and inadmissible. That is why she granted the State’s motion in limine to prohibit the defense from mentioning any of those things during jury selection and opening statement.

The only reason she might change her mind is if the State were to open the door by introducing evidence of good character. That is not going to happen because Trayvon’s character, whether good or bad, is not an issue in this case. BDLR has no reason to introduce evidence of good character and I am certain that he was not planning on doing that because he knows that good character evidence is irrelevant. Since the defense cannot rebut something that does not happen, the jury will not hear any of this information.

That is not the end of the story, however, because the irrelevant information in question was obtained from Trayvon Martin’s phone and it is the subject of a defense motion for sanctions and request for a judicial inquiry that Judge Nelson has scheduled for June 6th, the same day as the Frye hearing regarding the admissibility of expert testimony identifying the person who uttered the terrified death shriek.

I do not believe Judge Nelson is going to find that BDLR withheld evidence from the defense. The evidence was recorded on Trayvon’s phone in binary code and a copy of that raw data was disclosed to the defense sometime in late January. O’Mara did not hire an expert or purchase a software program that can translate that code into plain English.

A few weeks ago, O’Mara was contacted by an attorney who represents Ben Kruibdos, the Director of Information Technology for the Fourth Judicial Circuit. The attorney is Wesley White.

The Miami Herald reports:

White led the Nassau County state attorney’s office before resigning in December, citing differences of opinion with Corey. He is now in private practice.

White said the photos Kruidbos retrieved were of a hand holding a gun and one depicted drugs. The content of the text messages wasn’t specified.

“I’m an officer of the court and I’m obliged to inform the court of any misconduct or any potential misconduct coming before the court. Whether it’s by the defense or prosecution,” White said.

Apparently, Kruibdos extracted the two photographs and possibly the text messages from the binary code and gave them to BDLR who did not pass them on to O’Mara.

Does that constitute a discovery violation or a tempest in a teapot?

I believe it is a tempest in a teapot, so long as BDLR turned over the raw data.

Judge Nelson has already ruled that the evidence is not relevant or admissible and it certainly is not exculpatory.

We will have to wait and see how the hearing turns out, but this looks like another snipe hunt instigated by O’Mara to distract everyone from holding him accountable for publicly disclosing information that should not have been disclosed.

_________________________________________________

I hate to hassle people for money, but contributions have been lagging this month.

Writing articles every day and maintaining the integrity and safety of this site from people who would like nothing better than to silence us forever is a tough job requiring many hours of work.

If you like this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.

Thank you,

Fred


Zimmerman: Judge rules that evidence published by defense last week is not relevant or admissible

May 28, 2013

Tuesday, May 28, 2013

Good afternoon:

Judge Nelson denied the defense motion for a continuance of the trial.

None of the information about Trayvon, which caused the big hullabaloo last week after the defense improperly released it for publication to the Orlando Sentinel, will be admitted into evidence at the trial because all of it is irrelevant and inadmissible.

However, Judge Nelson granted O’Mara’s request for an evidentiary hearing on his motion for sanctions against BDLR for alleged discovery violations pertaining to that information. Unfortunately, she had to continue the hearing to June 6th because O’Mara did not have all of the witnesses he needed to present his case.

I do not believe that he has a legitimate argument, since the evidence is not admissible at trial or exculpatory, and the prosecution disclosed it to the defense in timely fashion back in January. O’Mara claims that the disclosure was not timely because he was provided with raw data that he could not interpret.

However, he specifically asked for raw data, which is a proper request, and he should have retained an expert and/or the software program that is used to interpret it. His failure to do that cannot be blamed on BDLR.

FYI: Defense counsel should routinely ask for raw data, since it is the actual result and less susceptible to misinterpretation. Note that O’Mara waited until after the panel of 500 potential jurors were summoned to jury service. His delay in filing his motion for sanctions suggests that he was more interested in gaining a tactical advantage with that motion than he was in obtaining an interpretation of the raw data.

Judge Nelson granted the defense request for a Frye hearing regarding the admissibility of expert testimony identifying the person who uttered the terrified death shriek. She scheduled the hearing for June 6th and 7th and will permit expert witnesses on both sides to testify by videophone.

The defense still has not endorsed any expert witnesses. Remains to be seen, if any legitimate experts will disagree with the State’s experts and if they have the money to pay an expert. I doubt that they do.

At a press conference after the hearing, Robert Zimmerman, Jr. aggressively promoted the conspiracy theory that I wrote about in my last post.

_________________________________________________

I hate to hassle people for money, but contributions have been lagging this month.

Writing articles every day and maintaining the integrity and safety of this site from people who would like nothing better than to silence us forever is a tough job requiring many hours of work.

If you like this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.

Thank you,

Fred


%d bloggers like this: