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.


Dunn verdict watch and a discussion of circumstantial evidence

October 1, 2014

Wednesday, October 1, 2014

Good morning:

Judge Healey has completed reading the jury instructions to the jury in the Michael Dunn retrial and the jury deliberations are underway in the jury room.

As we wait for them to reach a verdict, I recommend readers watch John Guy’s excellent rebuttal argument. For example, he absolutely destroys Michael Knox, the defense forensic expert and dismisses him stating, “That’s what you get for $350 per hour.

While you are listening to him, notice that he uses circumstantial evidence to construct a powerful argument that Dunn lied. For comparison purposes, recall that Judge Masipa in the Pistorius case regarded circumstantial evidence as not very reliable or persuasive.

I think it’s appropriate to instruct juries that evidence may be either direct or circumstantial. One is not necessarily more accurate or reliable than the other and it’s up to the jury to decide how much weight to assign to the evidence admitted in the case.

The instructions direct the jurors to consider first degree murder first and not to consider lesser included offenses like second degree murder or manslaughter unless they cannot unanimously agree on a verdict to first degree murder.

First degree requires proof of premeditation. Premeditation requires proof that the defendant specifically intended to kill Jordan Davis; that he reflected on his decision to kill; and that decided to go ahead and do it.

Premeditation (i.e., specific intent to kill, reflection and affirmation) does not require anything more than a moment in time.

What do you think of John Guy’s rebuttal argument?

Do you believe circumstantial evidence is inherently less accurate and reliable than direct evidence?

Do you believe Michael Dunn acted with premeditation?

Do you believe he acted in self-defense?

What did you think of Michael Knox?


Featuring: LLMPapa with two reasons why there there will be no immunity hearing

March 9, 2013

Papa’s back in the house with two excellent videos demonstrating why there will not be an immunity hearing.

Knox Update:

Searching Mind reviewed his copy of Spitz and Spitz, The Medicolegal Investigation of Death, which Knox cited as authority in responding to a comment that Lonnie posted at Knox’s site challenging his claim that GZ could have fired the fatal shot while lying on his back with Trayvon in the superior position straddling him. Knox accused Lonnie of bias and cited the text as authority for his claim that the trajectory of the shot is not inconsistent with the defendant’s position.

Here’s SM’s comment:

Knox claimed that “it is entirely incorrect to assert that Zimmerman could not have made the shot [i.e. the straight line shot, front to back, without angles] at that angle [i.e. Zimmerman lying with his back on the ground while Trayvon was mounted on top of him, leaning over him, straddling him suffocating him, etc.]. “It is quite possible”, Knox claimed further. To support his claim, Knox referenced “Spitz & Spitz, The Medicolegal Investigation of Death”. Nothing in the book cited by Knox (and it’s called “Spitz & Fisher” not “Spitz & Spitz” of which I have a copy) supports Knox’s claim. Knox knows- or should have known that. What he did is the same as inserting non-extent sources in the footnotes of an academic paper.


LLMPapa schools Michael Knox with schoolboy ruler

March 5, 2013

Tuesday, March 5, 2013

LLMPapa schools Michael Knox with schoolboy ruler.

Splendid!


Featuring: Part III of LLMPapa’s Cardboard and Bullshit

March 3, 2013

LLMPapa follows his gripping Part II yesterday with Part III of Cardboard and Bullshit regarding the kill shot.

Cain’t hardly wait for Part IV.


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