US media pushes false narrative that DD (Witness 8) lied in Zimmerman case

March 6, 2013

Wednesday, March 6, 2013

Exciting day yesterday with the defense decision to forego an immunity hearing. That was huge after all of the right-wing assurances that Judge Nelson was going to grant the defendant immunity from criminal prosecution and civil suits for damages.

I would be a rich man if I had a dollar for every claim that the prosecution lacked probable cause to charge the defendant with a crime and its case would never survive an immunity hearing.

One elderly Harvard law professor, who shall remain nameless out of respect for the lawyer he used to be, went so far as to accuse State’s Attorney Angela Corrie of being unethical for charging the defendant with murder 2.

Another lawyer who also shall remain nameless has been tweeting me for months telling me that this is the strongest self-defense he has ever seen and there is absolutely no way this case will survive an immunity hearing and go to trial. He expressed all sorts of creative and disparaging insults, some personal and some not, and mocked me for predicting that the defendant would be convicted.

I have been mocked, doxed, defamed, insulted, accused of being up on felony charges, faking my credentials and having sex with animals for calling it what it is; namely, an indefensible murder case. I have been doing that since I first read about it before charges were filed and we saw any discovery.

I still do not understand why what is so obvious to me is not equally obvious to everyone else, particularly to criminal defense lawyers who should know better.

Now, it should be obvious to everyone that the defense has no case. If the defendant had a legitimate claim of self-defense, the immunity hearing would have happened long ago and the defendant would be a free man.

The uncomplicated reality is that the armed defendant followed, confronted, attempted to detain, shot and killed an unarmed teenager who was walking home minding his own business while talking to his girlfriend on his cell phone.

By calling off the immunity hearing, the defense is finally admitting what should have been obvious to everyone for months.

I figured out months ago that this would happen so I was not surprised by the defense announcement yesterday.

The real eye-opener for me has been watching the media’s ongoing shameless effort since the hearing to downplay the significance of that decision while attempting to build up the significance of the prosecution’s admission that there are no hospital records that DD (AKA Witness 8) was in a hospital during Trayvon Martin’s wake or funeral.

At the press conference following the hearing, for example, one female reporter aggressively pressed the prosecutor, Bernie de la Rionda, to explain why he had not charged DD with perjury.

Now, I have heard a lot of stupid questions asked over the years, and even asked more than a few myself, but this one is quite possibly the dumbest one yet.

As I pointed out yesterday, there is no evidence that DD lied or committed perjury.

But even if she lied, and I am not conceding that she did, given the nature of the ambiguous questions she was asked, she certainly did not lie about a relevant or material matter regarding the homicide. Therefore, a perjury charge is not even a possibility.

Moreover, her alleged lie would not be admissible at the trial. The jury will not hear about it and the defense will not be permitted to mention it.

All of the media hullabaloo to create a false equivalency between DD’s alleged lie about going to a hospital instead of the wake or funeral and Shellie Zimmerman’s perjury charge for lying about her husband’s assets while under oath at a bail hearing is “baffling,” as Bernie de la Rionda snarked about the news that the defense was giving up on having an immunity hearing.

The only news organization to accurately report what happened at yesterday’s hearing was The Guardian in the UK.

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Dee Dee did not lie or commit perjury in Zimmerman case

March 5, 2013

Tuesday, March 5, 2013

Before the beginning of today’s hearing in the Zimmerman case, the prosecution informed the defense that Dee Dee (the name given to Trayvon Martin’s girlfriend to protect her anonymity) did not go to a hospital instead of attending Trayvon’s funeral.

Judge Nelson dismissed the defense motion for Dee Dee’s medical records as moot.

The defense now claims that Dee Dee lied.

As the following partial transcript of her interview under oath by prosecutor Bernie de la Rionda conclusively demonstrates, she not lie or commit perjury.

BDLR:_ OK._ I’m not saying that they did._ I’m just making sure the records’ clear on that….Um…you obviously found out about what happened to Trayvon, right?_ And at some point you ended up knowing that he was killed, right?

Dee Dee:_ Yeah.

BDLR:_ Were you able to go to the funeral or to the wake?

Dee Dee:__I was goin’ to go, but…

BDLR:_ OK, what happened?

Dee Dee:__I didn’ feel good.

BDLR:_ OK, did you end up going to the hospital or somewhere?

Dee Dee:_ Mmmm…Yeah, I had high blood pressure.”

(Emphasis supplied)

The question is unclear because he asked if she went to a hospital or somewhere.

Therefore, her answer was not a lie and if it was not a lie, it certainly was not perjury.

Nevertheless, let us assume for the sake of argument that she did lie.

As I said in response to a comment by Unabogie,

I think you are being way too literal.

Lying is lying, by definition, but there is an unlimited number of reasons why people lie.

Intentionally lying to conceal the existence of more than a $100,000 in cash from the court during a bail hearing is, by any standard one might choose to apply, a far more serious matter than lying because you did not want to admit that you were too upset to attend a funeral.

I do not believe the prosecution is the least bit worried about this turn of events.

Proof of perjury requires proving beyond a reasonable doubt that the defendant unambiguously lied under oath about a material matter.

BDLR’s question was ambiguous and DD’s response was not about a material matter, as is the case regarding Shellie Zimmerman’s denial under oath during a bail hearing that she did not know about the money she had transferred into her account.

Therefore, even if we assume for the sake of argument that Dee Dee lied, she did not commit and will not be charged with perjury.

Anyone who says she lied and committed perjury is mistaken and anyone who claims that Dee Dee is as guilty of perjury as Shellie Zimmerman is wrong and guilty of asserting false equivalencies.

As I said in an earlier comment this morning before I saw the transcript, I do not believe this development today changes anything.

I predict DD will be one of the last witnesses called by the State after all of the evidence about the shooting and the events that led up to it have been admitted into evidence.

She will simply be confirming what the evidence has already proven. BDLR will ask her about the false statement and she will probably break down and cry as she admits that she lied about that because she was too embarrassed to admit that she was too upset to attend the funeral.

I think the jury and everyone in the courtroom, except the defendant, will understand that and forgive her for lying.

I believe Sybrina will be the last witness because she is Trayvon’s mom and the emotional impact of her testimony will be extremely powerful.

After all is said and done, I do not think anyone will remember, much less care, that DD lied. It’s just not very important.

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Defendant requests Trayvon Martin’s girlfriend’s medical records

March 4, 2013

Monday, March 4, 2013

The following motions are scheduled to be heard by Judge Nelson tomorrow beginning at 9 am EST.

1. Defendant’s Motion for Specific Discovery from the FDLE

This is a request for witness biographies (cover sheets) for each witness that, in addition to name, address, and contact information, list social security numbers, Experian credit reports, driving record, non-conviction arrest information and social media sites to which the witness belongs.

This is the FDLE’s memorandum in response to defendant’s request. The prosecution adopts the response as its own.

Comment: Good luck with that. Every criminal defense lawyer would love to have that information, but don’t bet the ranch that this request will be granted

2. Defendant’s Demand for Specific Discovery (3 videos)

Comment: This is a mystery request as I do not know what videos the defense is requesting.

3. Defendant’s Motion for Subpoena Duces Tecum to State Witness, Civilian Witness 8

MOM is requesting DD’s medical records “regarding any and all medical services rendered during the period 2/26/2012 through 4/30/2012” on the ground that the records “are reasonably calculated to lead to relevant admissible evidence.”

This is a conclusory request in the language of the rule that does not explain why he believes those records “are reasonably calculated to lead to relevant admissible evidence.”

Comment: I believe this request is a mean-spirited invasion of privacy to intimidate the witness and I would deny it in the absence of a reasonable explanation why MOM believes those records “are reasonably calculated to lead to relevant admissible evidence.” If Judge Nelson grants this motion, I think she will insist on reviewing the records in camera (chambers) and selecting what the defense will receive, if anything, according to the procedure she followed with the prosecution’s request for the defendant’s medical records.

Here is Judge Nelson’s 6-page order denying the defense motion to depose Benjamin Crump.

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