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


Tomorrow is Motion Day in the Trayvon Martin Murder Case

December 10, 2012

Monday, December 10, 2012

I have just about fully recovered from food poisoning, but I am still a bit spaced out, so please bare with me.

Tomorrow is motion day in the Trayvon Martin murder case and one of the more interesting motions is the defendant’s motion to seal his text messages, emails and journal entries until both sides can review them. O’Mara claims release of the evidence will “adversely affect the proper administration of justice in this case, and may make it impossible to find an appropriate jury unaffected by this information.”

He must be referring to that select group of racist bigots and right-wing wackos to whom he constantly pitches his disinformation campaign.

There are reports that he sent Tracy Martin an abusive email and used the N-word “when referring who to look out for when on patrol in his Sanford, Florida neighborhood.

I do not believe the civil suit against NBC has any chance to succeed, but I believe it certainly opened the door to publicize his use of the N-word, assuming he did so.

[H/T to Rachael for providing the links to those two reports]

He also wants to be relieved of the burdensome GPS bracelet that he has to wear.

Well, I guess I would too, but I did not shoot to death a peaceful and nonviolent Black teenager who was armed with a can of iced tea and a bag of Skittles and talking to his girlfriend on his cell phone while walking home in the rain. I am getting really tired of his incessant whining. I think he should be in jail because he is a danger to the community.

Regardless of my opinion, the time period within which to have moved for reconsideration of Judge Lester’s orders expired long ago, so this motion should be denied as untimely.

What do y’all think about these motions?


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