Afro-Peruvian emperor wears no clothes

April 24, 2013

Wednesday, April 24, 2013

BDLR has filed a motion asking Judge Nelson to order the defendant to appear at the April 30th hearing and state on the record that he is waiving his right to the immunity hearing.

H/T to Southern Girl 2 for providing the link to BDLR’s motion

He also asks Judge Nelson to issue an order that she will not permit the immunity hearing to take place during the trial or after it.

I support this motion. In fact I published three posts in early March warning that this needed to be done to avoid significant legal problems that might otherwise come up forcing a retrial of the case, if the jury convicted the defendant.

1. Combining the immunity hearing with the trial in the Zimmerman case is a terrible idea

2. Combining the immunity hearing with the trial in the Zimmerman case is a terrible idea (Part II)

3. Post trial immunity hearings are a terrible idea

This motion is an example of a prosecutor taking action to protect the record from a collateral attack by a new lawyer representing the defendant after he is convicted and sentenced to prison and arguing that the defendant is entitled to a new trial and a statutory immunity hearing because he never waived his right to that hearing and did not know or consent to Mark O’Mara waiving it for him.

BDLR also wants Judge Nelson to clarify the record regarding the possible merger of the statutory immunity hearing with the trial, which O’Mara had suggested as an alternative to holding the hearing during the last two weeks of April, so that the record shows that she considered and denied O’Mara’s request more than a month before trial. Such an order would foreclose an argument by O’Mara that he never waived the statutory immunity hearing and reasonably believed and relied to the defendant’s detriment on the two matters being combined.

Best to clarify that current ambiguity in the record so that it does not result in reversal and remand for an immunity hearing and a new trial, if the defendant loses the immunity hearing.

Therefore, I believe BDLR’s motion is timely and necessary to protect the record.

Although I believe O’Mara decided long ago that he had no chance to win the immunity hearing because the defendant could not withstand cross examination due to his many conflicting and inconsistent statements. I think he decided that he did not want to formally admit in open court on the record that he was waiving his client’s right to the statutory immunity hearing because he was concerned about the effect that his waiver would have on his efforts to substantially increase donations to his “innocent” client’s internet defense fund and win the trial in the court of public opinion. To use a poker analogy, folding your hand at the last minute by waiving the hearing establishes that you were bluffing when you kept insisting that you had a winning hand.

Not exactly the ideal position for the defense to be in on the eve of trial.

BDLR is going for the jugular with this motion to clarify for all the world to see that the Afro-Peruvian emperor wears no clothes.

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Proposal to protect Dee Dee from witness intimidation

April 1, 2013

Monday, April 1,2013

I write today to provide additional context regarding when the prosecution must turn over Brady material to the defense in federal court. This article supplements The Prosecution did not violate the Brady rule in Zimmerman case.

Discovery in federal criminal cases is controlled by the Jencks Act (18 USC 3100 et. seq.), which was passed by Congress in the early 1930s in order to protect the lives and safety of prosecution witnesses in cases against members of criminal organizations (i.e., mob prosecutions). Pursuant to the Jencks Act, federal prosecutors do not have to disclose the identity of a witness to the defense until the witness takes the stand. They do not have to disclose witness statements until after the witness testifies on direct examination. To prevent recessing a trial after the direct examination of each witness to allow defense counsel an opportunity to read the statements before commencing cross examination, federal prosecutors in most districts provide a list of their witnesses and all of their statements and reports late Friday afternoon before the trial starts on the following Monday.

The only discovery that a defendant has a right to obtain before the Jencks material is delivered on Friday afternoon, is his statements, search warrants, affidavits for search warrants, and an inventory of all of his property seized by federal agents executing those searches.

The Brady rule applies in federal criminal cases just as it does in state criminal cases.

As I stated in my Saturday post, regardless of when the defense requests Brady material in a state case, there is no violation of the Brady rule so long as the defense receives the defendant’s Brady material before the trial starts. The same is true in federal court.

I hope this brief description of discovery practices in federal court that do not violate the Brady rule sheds additional light on the defendant’s frivolous claim that Bernie de la Rionda violated the Brady rule by waiting until the night before a pretrial hearing to inform the defense that no hospital records supported Dee Dee’s claim that she missed the funeral and wake because she was in the hospital.

If I were the judge handling this case, I would enter an order dismissing the two defense motions because they are frivolous and I would assess terms against O’Mara for wasting the court’s time.

I had another reason for mentioning the Jencks Act in this post. Since I am concerned about protecting Dee Dee from willful, intentional and malicious doxing and character assassination by people who pride themselves in breitbarting those who seek justice for Trayvon, I think Bernie de la Rionda might want to consider seeking the court’s permission to wait until the trial starts before it discloses information that identifies Dee Dee and any other witness for whom there are reasonable grounds to believe they may be subjected to the same intimidating criminal acts.


Dee Dee is an innocent witness to a murder and must be protected from breitbarting

March 31, 2013

Sunday, March 31, 2013

Peace, Joy and Freedom to all:

I begin with a confession. I have been awfully slow to identify the core issue presented by W8, who was assigned a fake name (Dee Dee) by the prosecution to protect her privacy. That alone should have been sufficient to trigger my curiosity. I could offer some excuses, but that would detract reader attention from where it should be.

Mark O’Mara is changing the practice of criminal defense from winning the case in the courtroom to winning the case before trial in the court of public opinion. He uses the internet and the media to dispense false information to the public about the case and to discredit and intimidate prosecution witnesses by character assassination.

For example, he has enlisted the support of two reporters at the Orlando Sentinel, Rene Stutzman and Jeff Weiner, who report the information that he gives them on a daily basis as “news. He also has endorsed a website (i.e., the Conservative Tree House) as a legitimate source of ideas and assistance. He also uses motions for discovery and motions to reconsider or clarify prior court orders as a vehicle to repeat his false narrative.

Intentionally dispensing false information about the case to the media is a low-risk strategy with high-reward potential, since the the media is willing to report the defense statement without reviewing it for accuracy and the prosecution is prohibited from commenting about the case.

Although anyone who is familiar with the evidence released to the public via the State of Florida’s remarkable Sunshine Law knows that the media consistently reports a false and misleading narrative favorable to the defense, there is little that we can do as individuals to correct false information reported by the media.

Fortunately, we can do our part here in this blog and others like it to identify and correct false information. Unfortunately, however, the national media prefers to ignore us and instead provide Robert Zimmerman, Jr., with multiple opportunities to deny that anyone in the Zimmerman family is racist and to proclaim that his brother, George Zimmerman, is a decent American who acted in self-defense to prevent Trayvon Martin from killing him with his bare hands. Never mind that Trayvon was an unarmed 17-year-old kid walking home in the rain talking via cell phone to his girlfriend in Miami when he supposedly launched this attack. Move along. There is nothing to see here, folks.

That brings me to O’Mara’s second strategy, using character assassination to intimidate witnesses and destroy their credibility before trial.

Character assassination has been used for many years to discredit and defeat political opponents and win national elections. If you should visit the Conservative Treehouse, take a look at the banner on the home page. You will see a shrine to a person described as a great American patriot and within that shrine you will see a photo of the man to whom the site has accorded godlike status. The man depicted in that photo is Andrew Breitbart who so perfected the use of manufactured evidence to support false accusations against political opponents that his name has entered our lexicon as a new verb. To Breitbart someone means to destroy that person’s reputation with a campaign of malicious lies based on manufactured or doctored evidence.

My wife and I have been subjected to a vicious and continuing campaign of character assassination by lie for daring to operate a blog that promotes evidence-based discussions of the Trayvon Martin killing. We are not alone. Sybrina Fulton, Tracy Martin, Benjamin Crump, Natalie Jackson and many others, including Trayvon Martin, the innocent victim of the killing, have been subjected to a similar, if not worse campaign of lies.

That brings me to Dee Dee. As a victim who continues to endure breitbarting, I have some idea how she must feel knowing that two innocent girls in Miami, whose only crime was to have been named Dee Dee, were successively breitbarted by mistake. I imagine she also knows about the doxing and breitbarting of W9 (the defendant’s cousin) whose only crime was to have reported to police that George Zimmerman sexually molested her for 10 years beginning when she was 6-years-old and he was 8-years-old.

I know that if I were Dee Dee or Bernie de la Rionda I would not believe that Mark O’Mara would honor his duty as a lawyer and officer of the court to assure that no information that might assist in identifying Dee Dee is leaked from his office.

I am well equipped to survive breitbarting because I am self-employed with this blog and I have the strength, willpower and self-assurance of a warrior forged in the heat and pressure of high stake courtroom battles during a long career. I chose to create and operate this blog and I accept responsibility for what we do here.

Dee Dee is a child and she did not choose to be a witness to a murder. Yet, she is and I worry about her. The media and the general public appear not to realize that she too is a victim of the defendant’s violent act on February 26, 2012. I wonder if she is plagued with panic attacks and nightmares generated by a brain stuck on a spin cycle of fragmented memories, what-ifs, and if-onlys. No one, especially a child, should be subjected to such torture.

The realization that she also must know that she has been targeted for destruction by breitbarting frightens me and makes me wonder how any human being could be so full of hate that they would even consider hurting her, let alone setting out to destroy her with lies.

I can only regard Mark O’Mara with horror and disgust

The god of my understanding and belief is not going to be OK with this.

I think Bernie de la Rionda is doing his best to balance his duties as a prosecutor, including his duty to comply with the Brady rule, with his duty as an empathetic member of the human race to protect her from the coming onslaught.

I applaud his decision to withhold the information that O’Mara requested until the night before the hearing on the defense request for a subpoena duces tecum.

He did not violate the Brady rule because he disclosed the potential impeachment information a week before deposition, which is the first time that O’Mara could have used it for a legitimate purpose. O’Mara suffered no inconvenience and the defendant’s constitutional rights to due process of law and a fair trial have not been violated.

Mark O’Mara’s motions for sanctions, fees and costs are frivolous because they are not supported by law.

I will close with this warning. Breitbarting a witness in a murder case is witness intimidation under Florida law. Anyone convicted of that crime can be sentenced to life in prison.

I sincerely hope that anyone who participates in the coming effort to intimidate Dee Dee will be charged, convicted and sentenced to a very long and unpleasant time in prison.


CNN puff piece regarding letters to Zimmerman is bullshit

March 1, 2013

Friday, March 1, 2013

Vivian Kuo of CNN reports today:

“Please shoot yourself, you racist piece of sh-t,” read the body of another e-mail. “You killed an unarmed teen that you stalked.”

And several dictated the same, succinct line: “Hope you die in prison.”

These venom-drenched words are just a smattering of at least 400 e-mails and letters, all sent to George Zimmerman over the past 10 months.

Zimmerman, 29, has yet to read the vast majority of these letters; they are retained by his legal counsel in Orlando. His attorneys provided them exclusively to CNN, omitting the senders’ names to protect their identities.

The majority are either neutral or compassionate, offering moral support and financial contributions to help with Zimmerman’s mounting bills. The supportive letters often blame the media for his woes and offer encouragement for the road ahead.

This worthless piece of crap that supposedly passes for balanced journalism is just a summary of letters and emails sent to the defendant. They contain nothing new or relevant to the case. Yet they are reported as news.

In fact they serve as nothing more than an excuse for CNN to repeat the false narrative that the truth of what happened remains unknown.

At first, it seemed fairly black and white: Trayvon, an unarmed 17-year-old, was walking to the home of his father’s fiancee after a trip to the store for candy and tea when Zimmerman, the neighborhood watchman, saw him and called Sanford police’s nonemergency line.

Zimmerman described Martin as a “suspicious guy.” The dispatcher told Zimmerman not to follow the teen — whether he did is still in dispute — but the two later encountered each other. Zimmerman fired his weapon, and a bullet to Martin’s chest ended the youngster’s life.

Police would later explain that the dispatcher’s imperative was “not a lawful order that Mr. Zimmerman would be required to follow.”

It would turn out to be a more complicated incident altogether, one whose details have yet to emerge completely.

I have news for Kuo and CNN.

There is no mystery. The defendant followed, lost, hunted, located, confronted, and detained a 17-year-old Black kid armed with Skittles and tea while walking home and talking to his girlfriend on his cell phone.

Whether the dispatcher had any authority to order the defendant not to follow Trayvon is irrelevant. The defendant’s intent is relevant, however, and his conduct ignoring the dispatcher’s warning considered together with his lamentation that “these assholes, they always get away,” tells us what he intended to do and what he proceeded to do.

There is no evidence that Trayvon struck the defendant in the nose or that he slammed the defendant’s head repeatedly into a concrete sidewalk. Trayvon had no bruises to his hands or skinned knuckles and not a trace of Zimmerman’s blood or DNA on his fingernail cuttings or on the lower sleeves of the two sweatshirts he was wearing.

The defendant can be heard cursing Trayvon in the background of a 911 call as Trayvon shouts “No.” That is followed by the death shriek that ends with the gunshot, precisely.

Zimmerman’s vital signs were all normal 15 minutes after the shooting and he declined transport to a hospital. His minor injuries were mere scrapes that required no stitches or bandages and most likely were sustained from running face-first in the dark into the branches of a tree and falling down.

The defendant told Hannity that the only thing he feared was having a police officer shoot him if he saw him with his gun in his hand.

The defendant is entitled to the presumption of innocence at trial and the jury will be so instructed, but there is no mystery about the evidence and what it will prove beyond a reasonable doubt.

Articles like this one, which ignore the overwhelming evidence of guilt, presumably because there is no balanced way to report the truth, are at best misleading and at worst deceitful.

This is not journalism.

This is bullshit.

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CNN article promotes racist description of Trayvon Martin case

February 27, 2013

Wednesday, February 27, 2013

Thanks to all who participated in yesterday’s memorial to Trayvon Martin.

I write today to express disgust and dismay regarding this excuse for journalism by Steve Almasy of CNN, Zimmerman’s lawyer works to dispel racial overtones in Trayvon Martin case.

The focus of the piece is Mark O’Mara’s “struggle” to get people to pay attention to the evidence instead of racism.

Whatever the outcome of the Trayvon Martin case, it will be viewed less as a determination of the shooter’s guilt or innocence and more as a victory or loss for civil rights, George Zimmerman’s lawyer fears.

Mark O’Mara said he has been busy trying to dispel the racial overtones in the case by getting out more evidence about his client.

Thereafter, we get the usual he-said-she-said description of the case interspersed with O’Mara’s unchallenged mischaracterizations of the evidence followed up with this description of Benjamin Crump as a rabble rousing troublemaker pushing the race card.

O’Mara indicated at trial he will dissect the recording of Zimmerman’s 911 call and point to evidence of the wounds Zimmerman said he suffered that night.

“I believe, you know, again, the evidence is what it is and that’s for a jury to determine,” O’Mara said. “But a close reading or looking at that tape and all the evidence that followed, particularly George’s injuries and Trayvon’s lack of injuries but for the fatal gunshot, suggest that George did not begin the fight, did not continue the fight and actually was the victim of the attack rather than the other way around.”

But a lawyer for the Martins said the fight against “senseless gun violence” will continue.

“He went home and slept in his bed the night he killed Trayvon,” attorney Benjamin Crump said. “And that wasn’t equal justice.”

Crump then led a chant of “Hoodies up! Hoodies up!” at the vigil.

This false concoction is presented with a cherry on top in the form of the optically distorted and likely photoshopped digital photo of the defendant seated in the back seat of a patrol vehicle with a bump on his nose and blood on his mustache. CNN has no excuse for not knowing that the photo presents a false picture because the police photos taken at the station house a few hours later with a much better camera under good lighting show a barely visible injury with little or no swelling or distortion to the shape of the nose.

As all of us know, despite conceding that his client was the aggressor, O’Mara has been shoving his demonstrably false “bloody” photograph in front of every camera he can find in pursuit of his easy-to-disprove false narrative that the peaceful and nonviolent Trayvon for no apparent reason attacked and attempted to kill the defendant with his bare hands in the middle of his phone conversation with his girlfriend after successfully running away from the defendant who had been stalking him in a vehicle and then on foot contrary to a police dispatcher’s warning.

The simple truth is this defendant has no defense and the only mystery in this case is why anyone believes that the he did not hunt, confront, and murder Trayvon Martin for the heinous crime of walking while Black in the rain with his hoodie up.

I said long ago and I will repeat it today:

Anyone who believes the defendant is innocent is a racist and anyone who contributes money to his defense is a stupid racist.

Let there be no mistake: Although he claims otherwise, Mark O’Mara and his client are deliberately appealing to racial hatred and fear of young Black males to literally get away with murder.

That is what this case is all about and shame on CNN for not reporting the truth.


What About that Missing GPS Data?

February 6, 2013

Wednesday, February 6, 2013

Leander said at 9:10 am today:

“Obviously, when Dee Dee made her statement she had heard GZ NEN call. We would have a much better scenario concerning her statements, had SPD done it’s job and interviewed her earlier. On the other hand, they had troubles to get at the phone due to the password. That’s the crux.”

I do not agree.

I do not believe Dee Dee had listened to the NEN call before Ben Crump interviewed her. IIRC, it was not released to the public until much later. The SPD had a lot of investigative work to do interviewing witnesses and processing the crime scene. If they even thought about it, checking the phone log probably would have been a low priority item on the to-do list, until after Ben Crump revealed that Dee Dee had been talking to Trayvon when the defendant stalked and assaulted him.

While it’s theoretically possible that the GPS data for the day of the murder might help the defense, I doubt that it does because we would have seen the defense lawyers congratulating their client and we would have seen him smiling or smirking at the news.

Instead, we saw gloom, doom, resignation, desperation and a visible dislike for the client that is more consistent with bad news for the defense. I cannot imagine that MOM would have failed to mention that the GPS data exculpated the defendant, given his propensity to try the case in the court of public opinion. He would have mentioned it in support of his argument for a continuance, if it existed, instead of waving around an insignificant bar-chart during an extemporaneous and rambling plea for a continuance.

He did not give a coherent answer when she put him on the spot and asked him to provide a specific reason why he needed a continuance. The best he could do was to squeak about not having any experts even though the defense team’s mismanagement of funds is the reason why it has no money to hire experts.

If the GPS data did not exist, or if it were uninterpretable, I think BDLR would have disclosed that in open court to Judge Nelson, defense counsel and the public. He did not do that. Instead, he graciously offered “to connect the dots” for the defense, but they did not rise to the bait.

That tells me the GPS data hurts the defense, badly.

The only reason that I can think of to explain why no one touched this issue and the body language of the defense team, including the lawyers turning their backs on the defendant and leaving him behind sitting forlornly at counsel table as they left the courtroom, is that the evidence devastates his story.

To his credit, I think BDLR resisted the urge to play “Gotcha” and I respect him for that.

He has the trump card. He knows he has it, and the defendant knows it too.

Now, we do too.

The defense team is up the proverbial creek without a paddle, unless the skies suddenly open releasing a downpour of dollars into the defense coffers. I recommend not betting the ranch that will happen.

The defendant is indigent or soon will be. He cannot adequately prepare for trial without an investigator and multiple experts. They do not work for free and he cannot afford them.

Under these circumstances, his lawyers need to file a motion asking Judge Nelson to find him indigent and sign an order allowing him to proceed in forma pauperis.

The sooner the better.

Unless, of course, the defendant pleads guilty.


Is Mark O’Mara Cutting His Losses and Heading for an Exit?

January 31, 2013

Thursday, January 31, 2013

Best wishes to all of you who live in the South and Midwest. A hellish storm peppered with tornadoes, thunderstorms, torrential rain and golf-ball sized hail passed through this large area as a cold front with temperatures below freezing danced with a dense area of warmer air from the gulf. I live in western Kentucky where the temperature now is 32 degrees. Tuesday afternoon and evening the temperature reached 70 degrees. Yesterday featured wild windstorms, rain, flooding and decreasing temperatures. That made for an interesting motorcycle ride to the store late yesterday afternoon. Fortunately, we are OK.

Seventy degree temperatures, large menacing black clouds punctuated with lightning, tornadoes and 40 degree temperature swings do not belong in January.

Or February.

I hope everyone is safe and in good spirits this morning.

Xena gets the credit for inspiring me to write this article about the $40 K that O’Mara spent to upgrade his office.

She said:

” The $40,000 of equipment and office space should be considered an asset to O’Mara’s firm. If I had a lawyer who charged me to expand and equip his office, I would first think that he isn’t prepared to take on my case. Also, if I had a lawyer who thought it was more important to thugify the person I’m charged with murdering rather than ALREADY getting experts lined up in ballistics and forensics, I would think he is not experienced in criminal defense.

IMO, what O’Mara and West are doing is trying to divert the murder 2 case into some other type of case that does not defend GZ at all but rather, makes excuses for him.”

This is my response:

When I worked on the Green River Killer case in Seattle (we had a team of 8 lawyers, 5 investigators, 20 experts and and numerous support staff), we hired a software firm to code over a million pages of discovery stored in an airplane hanger that the prosecution converted into electronic images using scanners. They also imaged over a million exhibits.

An electronic database filled with millions of images is worthless, unless you can search the database and find the information you need. In effect, you need to develop a cover sheet for each document or exhibit in the database and enter information on that cover sheet that tags the document or exhibit with search terms that you will subsequently use to find the cover sheet and its attached document. The process of tagging each document or exhibit is called coding the discovery.

The firm that we retained, hired a team of 36 lawyers who, for one reason or another were not practicing law. Retired, semi-retired and women on maternity leave made up the team. We provided the search terms and they tagged the documents and exhibits. The job took six months to complete.

The firm provided the software program we used to search that immense database. The whole case and the program to search it was stored on a server at their office. We accessed it through a secure internet-tunnel connection. They also provided a secure email program that we used to communicate with each other regarding the case.

My primary responsibilities were DNA and forensics. I also played a major role in developing our coding system.

Although our setup was likely substantially more sophisticated than whatever setup West, O’Mara and their 6 interns are using, I think they are doing something similar to what we did, but on a much smaller scale. The process is expensive, but necessary in big paper-intensive cases.

I question whether all of that high-tech stuff is really necessary in Trayvon’s case, but I understand why they would have decided to modernize the discovery-organization process by converting everything into an electronic searchable database of images. I would too, if I had the money.

O’Mara seems to be wasting an enormous amount of time running his mouth to the media and trying his case in the court of public opinion. He appears to be obsessively preoccupied with a racist right-wing-inspired snipe hunt for evidence of non-existing bad acts committed by Trayvon and his girlfriend, Dee Dee. Seems like almost everyday there is a new nonsensical rumor coming out of tree-house gang that winds him up tight and keeps him going and going like the Eveready Bunny.

I have no doubt that the snipe hunt is a waste of time and energy because the evidence he is searching for exists only in the fevered imaginations of creepy people like the client, the client’s family and their frantic supporters. They seem not to realize that each new phantasmagorical rumor is a distraction rather than an aid. Meanwhile, O’Mara seems oblivious to how stupid he looks when each new rumor fails to pan out.

He has had more than 6 months to find out if Trayvon Martin was an aggressive martial artist who liked to beat the crap out of other people for no apparent reason while uttering outdated ghetto slang from 20-year-old movies.

I keep asking myself when will he finally tire of playing the role of a subservient dog being wagged by its tail?

I am going to repeat something that I said in a comment yesterday:

“I think O’Mara is attempting to cut his losses and get out of this thing gracefully without screaming and running as fast as he can toward the exits with his hair on fire.

At this point, I think it would make more sense to close the account to prevent more people from basically being defrauded by having their money pay for unnecessary security and create fertilizer via the defendant’s alimentary canal instead of paying for needed defense services.

Yes, settle up with AIS, close the account, enter the IFP Order, let O’Mara and West out with an admonishment to run a few laps on the beads and go forth and sin no more, and appoint new counsel at public expense. Then set a new hearing in a week or two for confirmation of new counsel.

If the defendant demands security, send him to jail. He will be safe there. That should stop his complaining.

If he objects to the GPS device on the ground that he cannot afford it, revoke his bond and take him into custody. That should stop his complaining.”


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