Defense mendacity in Zimmerman case is disgusting

May 24, 2013

Friday, May 24, 2013

Good morning:

George Zimmerman’s attorneys, Mark O’Mara and Don West, have unintentionally confirmed this week that they have no defense to present on his behalf by knowingly and intentionally publishing false, irrelevant and inadmissible information about Trayvon Martin to incite white racists to denounce him as a pot smoking black thug who deserved to die.

I used the word “confirmed” because three weeks ago the defendant appeared in open court and waived his right to an immunity hearing. The mixture of false and misleading information released yesterday is not a defense to second degree murder. It’s deliberate character assassination by false statement and innuendo of an unarmed teenager who was stalked, restrained and shot through the heart while screaming for help.

Here’s LLMPapa:

Last I heard, skipping school, pot smoking and participating in refereed fights between equal combatants is not a death penalty offense.

In other news, the defense attorneys filed a flurry of forgettable motions and responses to prosecution motions which, like snowflakes in April, are destined to melt when they hit the ground.

I begin with Donald West’s frivolous, dishonest and intentionally misleading reefer-madness motion that he filed earlier this week arguing that a trace amount of marijuana in Trayvon Martin’s autopsy blood should be admissible to prove that he was the aggressor even though he was unarmed and the defendant stalked, restrained and shot him in the heart.

The defense motion to continue:

1. cites no authority,

2. claims he needs to investigate Dr. Reich (the State’s audio expert who identified Trayvon as the person screaming for help), which takes about an hour if you google him,

3. claims other unnamed experts told him Dr. Reich’s opinion is based on science that has fallen into “disrepute,”

4. fails to support this assertion with an affidavit from one or more of these experts, and

5. claims he needs time to find an expert to hire even though he is supposedly in touch with all of these experts.

This motion is ridiculous and will be denied because it fails to document a reason for a continuance.

O’Mara’s motion for sanctions against Bernie de la Rionda for not disclosing the evidence that the defense obtained from Trayvon’s phone and published in its 3rd evidence dump, is frivolous because the so-called exculpatory evidence that he claims BDLR withheld in violation of the Brady rule is not exculpatory.

Therefore, the Brady rule does not apply and this motion should be denied.

West’s reply to the State’s motion to exclude opinion evidence about the defendant’s guilt or innocence generally admits that witness opinions about the guilt or innocence of a defendant are inadmissible but warns that if the State attempts to attribute the delay in arresting and charging the defendant (which isn’t relevant either), then the State will have opened the door to allowing the defense to call SPD cops to justify what they did.

I don’t believe this issue will come up as it is irrelevant to whether the defendant murdered Trayvon.

Sideline mini-trials about marginally relevant or irrelevant issues are exactly what evidence rule 403 is designed to prevent.

West’s 2-page reply to the State’s motion to exclude the defendant’s self-serving hearsay statements, which does not cite a case, generally agrees that many of the defendant’s statements are hearsay, if offered by the defense, but disagrees with the State’s argument that none of the defendant’s statements are admissible under the res gestae exception or some other exception to the hearsay rule. West asks Judge Nelson to reserve ruling until the issue comes up in trial.

This is a sneaky response because West wants to be able to ask a leading question seeking agreement from a witness that the defendant said XYZ. For example, he might ask SPD Investigator Serino this question:

George told you that he killed Trayvon in self-defense, didn’t he?

Bernie de la Rionda (BDLR) would object to the question because it contains an inadmissible self-serving hearsay statement.

Judge Nelson would sustain the objection, but she cannot unring the bell, so to speak. The jury would have heard the defendant’s inadmissible statement.

He also would probably like to mention that self-serving hearsay statement during the defense opening statement to the jury or maybe during jury selection.

The purpose of the State’s motion in limine regarding the defendant’s self-serving hearsay statements is to prevent those events from happening, and I am reasonably certain Judge Nelson has seen this trick before and is savvy enough to see through West’s tactical deception.

Therefore, I expect she will grant the State’s motion.

BTW, the res gestae exception that West mentions is a limited exception to the hearsay rule similar to the present-sense-impression exception in which the hearsay statement about an event occurs as the event happens. Thus, the statement is part of the event itself or the res gestae and cannot be excised from it.

The State’s motion in limine seeking an order prohibiting the defense from mentioning the voice stress analysis test that the defendant took should be granted because that’s the legal rule in Florida and elsewhere. The rule is based on the lack of general agreement among scientists that this type of test can consistently produce accurate and reliable results.

In other words, the test violates the Frye Rule.

Judge Nelson should grant this motion.

The State’s 3rd motion for a gag order asks Judge Nelson to put an end to the defense effort to poison the jury pool by assassinating Trayvon Martin’s good character with false evidence and innuendo publicized after the jury pool of 500 people have received their notices to report for jury service on June 10, 2013.

It is no accident that the defense waited until after the 500 potential jurors were served with their notices, but before they report for jury service. Therefore, this was a deliberate tactic to create an unringing the bell problem regarding false, irrelevant, and inadmissible evidence.

A gag order will not unring the bell.

This is quite possibly the sleaziest tactic that I have ever seen. To intentionally poison a jury pool a couple of weeks before trial with false and misleading information about the victim of a homicide calculated to incite and unite White racists to approve of the execution of an unarmed Black teenager is astonishing.

These two lawyers are fortunate that I am not Judge Nelson because I would jail them for contempt of court and file complaints against the bar association requesting their disbarment from the practice of law.

_________________________________________________

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Fred


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.


Zimmerman defense team’s latest actions show fear and desperation

March 27, 2013

Wednesday, March 27, 2013

From the they-don’t-teach-you-this-in-law-school file, comes this bit of sage advice whispered to me late at night in a bar in some long forgotten city by a nationally respected criminal defense lawyer whose name I shall not disclose in this sacred house.

When all else fails and you know you have a loser case, abandon hope, jack-up the level of pain pissing off the judge and prosecutor, keep on swingin’ ’til you knock somebody down and keep on keepin’ on until they commit reversible error. You want to make them mad enough to spit nails so they go home at night and kick the fuckin’ dog

This is the desperate strategy that Mark O’Mara appears to be using with his latest flurry of specious motions that have no chance of being granted. He is personalizing the battle hoping to evoke anger sufficient to overwhelm reason and provoke an emotional retaliation that introduces reversible error into the record. He also has an eye on the rate of financial contributions to the internet fund. He needs to keep making news to loosen the purse strings of the dwindling number of racists still willing to contribute money to the defendant’s losing cause.

Why do I say losing?

Because he has, in effect, waived the immunity hearing without formally doing so on the record, and he is trying his case everywhere except a courtroom, which is the only place that it should be tried.

Hell, he is so desperate and scattered that he cannot even get it together to note up his specious motions for a hearing.

Take heart fellow Trayvon supporters because these are not the actions of a well prepared, confident and professional attorney.

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FOX News pimps for defendant in Trayvon Martin murder case

February 28, 2013

Thursday, February 28, 2013

The beat goes on as Mark O’Mara continues to shamelessly pimp for his client.

Edmund DeMarche of Fox News writes:

George Zimmerman, the Florida man who fatally shot an unarmed Florida teenager last year, wears a disguise and a bulletproof vest whenever he is in public, his attorney said.

“He never feels safe,” Mark O’Mara, his lawyer, told FoxNews.com. “His security has been cut and he stays inside his secure location all day long due to threats.”

As a result of the confinement, Zimmerman’s health has taken a turn for the worse, O’Mara said. He gained about 100 pounds in six months and is stressed about the threats and his upcoming murder trial, which is set to begin on June 10.

“If I was confined to four rooms all day I bet I’d gain a lot of weight, too,” O’Mara said.

Next time you see the Michelin Man wearing sunglasses while standing in line at the Donut Shop, be sure to tap him on the shoulder and ask him for his autograph. Maybe he will give it to you for free, although I would not bet the ranch.

On second thought, we don’t need you to do that because this Afro Peruvian descendant of African kings might pull out a gun and blow away your heart.

Now prepare yourself for this fine example of journalism at its finest:

Last year, Zimmerman spotted Trayvon Martin walking through his neighborhood, a gated community, in Sanford, Fla. Martin was walking back to a house he was staying at in the community after a trip to a convenience store.

Zimmerman started to follow him because he thought he looked suspicious. Despite a police dispatcher telling him “you don’t have to do that,” Zimmerman got out of his truck to pursue Martin.

They got into a fight and Martin was shot.

You gotta love that integrity.

But wait, there’s more:

O’Mara said he talks with Zimmerman every day. He said the couple relies on donations to survive since neither one can hold down a job.

He said Zimmerman, who previously aspired to be a judge, looks forward to the trial to begin, but has been disenfranchised about the legal proceedings thus far.

To be sure, even if his client is acquitted, O’Mara said he will likely never feel safe in his hometown or Florida.

“He’d have to go somewhere where nobody knows him,” O’Mara said.

So, O’Mara and his client are a “couple” and poor George is wearing bulletproof vests and disguises while he steadily eats himself to death because he doesn’t get to vote on the outcome of his trial.

Excuse me, while I cry me a river of tears.

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Mark O’Mara: Have you no sense of Decency

December 14, 2012

Friday, December 14, 2012

I write today to condemn Mark O’Mara for the disturbing article that he posted on his website yesterday blaming the State, Benjamin Crump, Natalie Jackson, and the Martin family for the vicious and vile character assassination of two innocent girls committed by his rabid and deranged supporters, who erroneously concluded that first one and then the other was Dee Dee. The purpose of the attacks was to terrorize the person they believed to be Dee Dee into refusing to testify against O’Mara’s client, may his name be forgotten (hereinafter MHNBF).

Dee Dee (AKA: W8) was Trayvon Martin’s girlfriend and she was talking to him on her cell phone when the defendant attacked him. She is an important witness, obviously, and Dee Dee is a fake name developed to protect her identity and assure her privacy. In other words, to protect her from the deliberate campaign of terrorism and character assassination suffered by the two innocent girls.

Fortunately for her, the strategy has been successful.

The two innocent girls were not so fortunate.

Intimidating witnesses is a felony and every person who participated in or encouraged others to participate in committing those acts is guilty of a felony. Every one of them also is guilty of conspiracy to intimidate witnesses.

No, the First Amendment does not protect witness intimidation.

I hope all of them are arrested, indicted, convicted and sentenced to prison.

The title of the article is Addressing Concerns About Cyber Attacks and Doxing

In pertinent part, O’Mara said:

“We understand that there may have been such actions directed at individuals who may be associated with Witness #8. In an October 19 hearing, the defense team requested a Subpoena Duces Tecum for the social media accounts of Witness #8; however, we intentionally did not disclose her name or any possible Twitter handle out of respect for her privacy. (We still have not been informed of her Twitter handles). If there is an individual who has been mistaken as Witness #8, and if this individual has been subjected to these practices, then we feel that those who knew Witness #8’s identity and therefore her Twitter handle, such as the State Attorneys Office or the handlers of the Martin family, have had many specific opportunities through social media or press conferences to publicly correct the misrepresentations and end the concerns — an opportunity they have yet to take. We implore them to do so now, to minimize any further damage. If they know the Twitter handles are of a person unrelated to the case, why has this not been publicized? “

[Emphasis supplied]

Notwithstanding CYA boilerplate language, scrape away the bullshit and you have this statement:

It’s your fault. Give us her social media handles, or else.

I thought I had seen it all.


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