Michael Dunn to be sentenced today

October 17, 2014

Friday, October 17, 2014

Good morning again:

Michael Dunn will be sentenced today at 10:30 am EDT.

You can watch the livestream and comment below.

Dunn’s lawyer has filed a motion for a new trial, which is standard operating procedure and should not be a matter to lose sleep over. The arguments are that he should get a new trial because:

1. The retrial should have been moved to another county;

2. The medical examiner should not have been permitted to testify about the trajectory of the shot that killed Jordan Davis; and

3. The juror should not have been dismissed for misconduct during the trial.

I cannot comment on the jury selection issue because it was not televised or livestreamed.

The argument that the medical examiner should not have been permitted to testify is ridiculous because no one is better qualified than a pathologist medical examiner to testify about the trajectory of a bullet through the body and the defense ‘expert,’ Michael Knox is a hack.

The juror was properly dismissed for making inappropriate statements about Angela Corey.

I believe Judge Healey will deny the motion.

Dunn’s lawyer can raise these issues on appeal.


Updates in Zimmerman and Dunn cases

March 6, 2014

Thursday, March 6, 2013

Good afternoon:

George Zimmerman and Michael Dunn are back in the news.

George Zimmerman has a hearing scheduled for tomorrow in his civil case against NBC.

To get that case back on track (it was stayed pending the entry of a final order terminating the criminal case), he is abandoning his effort to obtain an order requiring the State of Florida to pay his costs and fees in the murder case and he is asking Judge Nelson to dismiss pending claims filed on his behalf by his attorneys against Bernie de la Rionda and the State Attorney’s Office for sanctions and to reimburse them for costs incurred because of discovery violations.

Mark O’Mara and Don West have joined in his request.

State Attorney Angela Corey is opposing his request for an order dismissing those pending motions.

She wants to litigate those matters because she is confident that she will win on the merits and she wants that result so that there will be no doubt that her office did nothing wrong.

I can understand where she is coming from, but litigating those matters would be a waste of time. Nothing remains to litigate when a moving party withdraws its own motion.

Dismissal of the motions should clear the way to enter a final order in the murder case.

I do not believe the defamation lawsuit against NBC has any chance to succeed.

Meanwhile, Zimmerman’s motion to set aside the order of default in the divorce case that Shellie filed has been granted. That effectively rewinds the case to zero. I do not believe either of them have any assets to divide up, except guns, ammo and a worthless defamation suit against NBC.

I did not handle divorce cases when I practiced law, so I am just guessing when I say that the $1.5 million debt to O’Mara will be his obligation alone. Nevertheless, I believe he may be able to challenge the legitimacy of that debt by suing O’Mara for breach of contract. O’Mara agreed to represent him pro bono and I do not think he could unilaterally change that agreement without Zimmerman’s consent.

For all I know, O’Mara may have obtained Zimmerman’s written consent to change the fee agreement.

Now, let’s turn to the Michael Dunn case.

Michael Dunn’s attorney filed a motion seeking to continue the sentencing hearing until after the retrial of the murder charge. Cory Strolla pointed out that Dunn still has a right to remain silent pending the retrial and he does not want to give a statement about the offense to the probation officer assigned to write the presentence report.

That is a valid point, so I am expecting Strolla’s motion will be granted.

The sentencing is scheduled for the week of March 24th.

I do not believe a date has been set for the retrial. Corey has 90 days from the date when the mistrial was granted to commence the retrial. Look for the court to schedule the retrial sometime in early May.

That date will have to be continued for several months if Strolla withdraws because Dunn is out of money. New counsel will require several months to get ready.

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This is our 922nd post and its time again to request donations. We work hard to keep you informed by filling in the blanks between the lines. After 30 years in the trenches, I am familiar with all of the rules and strategies prosecutors and defense counsel utilize. Experience counts and most of my predictions have been accurate.

Adjusting and fine tuning to dial in the white fear and racist corruption frequencies in the Florida courts took some doing, but I am on track now.

Please make a donation, if you appreciate what we do.

Fred


What’s next for Michael Dunn

February 18, 2014

Tuesday, February 18, 2014

Good morning:

Crane and I thank everyone who has responded to our financial plight with a donation. Some of you have made multiple donations and we are very grateful.

Because it takes several days for Paypal to transfer money into our bank account, we are expecting to be without electricity for several days, possibly starting later today. Fortunately, the weather is warming up into the high 50s today and for the rest of this week, so we are not in any danger of freezing.

We will not have internet access when the power is shut off, but we can motor to the nearest McDonald’s and use their WiFi connection to periodically post and comment. We should be able to get through this without too much interruption or inconvenience.

Now to today’s post.

Angela Corey has to decide whether she is going to retry Michael Dunn for killing Jordan Davis. She said she would, but prosecutors almost always say they will do that, only to later change their minds and attempt to resolve the charge by entering into a plea agreement with the defendant in exchange for reducing the charge. If she decides to go this route and Dunn refuses to plead guilty to anything, which is what I expect he will do since he is already looking at a minimum 60-year sentence on the three attempted second degree murder charges, she will have to either retry him on the murder charge or dismiss it and proceed to sentencing.

I believe it’s pretty clear that the jury was unable to reach a verdict on the murder charge because one or more jurors concluded that Dunn shot Jordan Davis in self-defense. I doubt a majority of the jury believed that, but this is Florida, the Gunshine State, where many white people apparently believe all black male teenagers are thugs armed to the teeth and looking for an excuse to kill white males and steal their wives or girlfriends.

Some of the jurors who wanted to convict Dunn probably have contacted Corey and informed her regarding how many jurors bought the self-defense argument and their reasons for doing so.

Corey is more likely to retry the murder charge, if the vote were 11-1 or 10-2 to convict, as opposed to acquit. She may ultimately decide against retrying Dunn for the murder, if 4 or more jurors held out to acquit. After all, there is not much point in retrying Dunn, unless good reason exists to believe the retrial will end in a conviction.

The evidence against Dunn was overwhelming. However, she did not use Dunn’s overtly racist letters in which he said the world would be a better place if more white people shot and killed black thugs and gangsters like the boys in the red Durango.

Corey likely will have to use those letters, if she hopes to convict Dunn, and I am not at all certain that she is willing to do that. After all, she was elected State Attorney by pandering to white racist fear of black male teenagers by promising to aggressively prosecute and convict all the thugs and gangsters, which are the new words used to replace the N-word.

Her apparent lack of zeal to convict George Zimmerman for the murder of Trayvon Martin does not inspire confidence that she is not racist. Frankly, I think she shares some of Dunn’s beliefs, so I would not be surprised if she ultimately dismisses the murder charge.

Dunn will not be sentenced until the murder charge is resolved, whether by trial, plea or dismissal. After it is resolved, the matter will proceed to sentencing where Dunn is looking at a sentence of at least 60 years.

Dunn has a constitutional right to appeal the case after the sentence is imposed and a final judgment is entered.

He also has a constitutional right to be represented by court-appointed counsel during that appeal at public expense, if he is indigent and unable to hire private counsel.

Incidentally, the same applies to a retrial of the murder charge. Look for Cory Strolla to move to withdraw, if Dunn is out of money.

The court would most likely appoint a public defender to represent Dunn, although courts sometimes appoint a private lawyer willing to work at the lower rates courts are willing to pay.

At this point, I do not believe Dunn has any meritorious issues to raise on appeal. Therefore, regardless of the outcome of a retrial of the murder charge, I believe he will spend the rest of his life in prison.


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