Watch and Comment: Zimmerman Frye Hearing Livestream

June 6, 2013

Thursday, June 6, 2013

Good morning:

Judge Nelson set aside today and tomorrow for a Frye hearing regarding the admissibility of expert testimony about the death shriek and a hearing on the defense motion for sanctions and a judicial inquiry into alleged discovery violations by the State.

Not sure which order she plans to hear these motions, but I am sure we will find that out when the hearing starts in about 25 minutes @ 9 am EDT.

Here is a link to the livestream:

http://wildabouttrial.com/george-zimmerman-live-stream.html

Comment below.

Due to inclement weather, Crane and I have decided not to take our computers with us on our trip to TN for a doctor’s appointment. We will be with you for the first 1.5 hours and catch up with you later after we return.

Peace


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.

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Please keep those donations coming.

We’ll need the gas money to get home.

Many blessings to all of you from

Fred and Crane


Defense has known about bicycle fight video for 9 months

June 3, 2013

Monday, June 3, 2013

Check this out.

It’s a copy of a discovery-demand letter from Don West to Bernie de la Rionda that establishes that the defense knew about bicycle video clip on Trayvon Martin’s phone for at least nine months. The letter is dated September 19, 2012.

West says:

You mentioned that you had seen a video connected to him [Trayvon Martin] in some way regarding a bicycle. We were previously unaware of anything like that, but later saw a clip taken from his cell phone SIM card that may have been what you were referencing.

Since the defense has known about this video clip for at least 9 months, I cannot imagine how Mark O’Mara could innocently have mistaken it for a video of two of Trayvon’s friends beating up a homeless person.

Mark O’Mara has some ‘splainin’ to do and the third person apology on his website ain’t gonna git ‘r done.

While he is explaining his way out of that mess, he should also explain why the defense is now seeking sanctions on the ground that this video was not disclosed to them.

(H/T to Big Boi for letting me know that a poster at Crime Watcher’s found the letter. He is also on Twitter as @TruthThere.
Also, thanks to LLMPapa for the link to West’s letter)

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Please keep the donations coming.

There will be no free time between now and when the jury renders its verdict.

Nobody else is going to write articles like this one.

I’m your ticket to Inside the Game.

Fred


Mark O’Mara should be sanctioned by the Court

May 30, 2013

Thursday, May 30, 2013

Good morning:

Bad character evidence about the victim of a homicide is not admissible in a self-defense case unless the defendant knew it before the encounter that ended with the victim’s death.

In other words, if the defendant did not know that the victim was a violent thug, he cannot introduce evidence that the victim was a violent thug in support of his claim of self-defense.

Mark O’Mara is using the information obtained from Trayvon’s phone in a fruitless attempt to establish that Trayvon was a violent thug. Even if he were successful, the information would still be irrelevant and inadmissible because the defendant did not know Trayvon before he killed him.

O’Mara must know this because he is a lawyer who specializes in criminal law. Since he knows this, we can reasonably conclude that he knows his motion for sanctions against BDLR will be denied.

The question people should be asking is why did he file the motion since he knew it would be denied?

I believe the answer is obvious.

He is using the motion as a vehicle to publicize irrelevant and inadmissible information about Trayvon Martin. He wants the public to believe that Trayvon is a violent thug who deserved to die.

Since he waited to file his motion until after 500 people received a summons for jury duty, we also can tell that he is using his motion for sanctions to convince as many of those 500 people as possible that Trayvon was a violent thug who deserved to die.

Two additional important points that are getting lost amid the hue and cry caused by the release of the information are that:

(1) it does not prove Trayvon was a violent thug, and

(2) it does prove that Mark O’Mara acted in bad faith when he filed the motion for sanctions.

Therefore, Judge Nelson should sanction O’Mara for filing the motion for sanctions in bad faith.

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I hate to hassle people for money, but contributions have been lagging this month.

Writing articles every day and maintaining the integrity and safety of this site from people who would like nothing better than to silence us forever is a tough job requiring many hours of work.

If you like this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.

Thank you,

Fred


Zimmerman: Judge rules that evidence published by defense last week is not relevant or admissible

May 28, 2013

Tuesday, May 28, 2013

Good afternoon:

Judge Nelson denied the defense motion for a continuance of the trial.

None of the information about Trayvon, which caused the big hullabaloo last week after the defense improperly released it for publication to the Orlando Sentinel, will be admitted into evidence at the trial because all of it is irrelevant and inadmissible.

However, Judge Nelson granted O’Mara’s request for an evidentiary hearing on his motion for sanctions against BDLR for alleged discovery violations pertaining to that information. Unfortunately, she had to continue the hearing to June 6th because O’Mara did not have all of the witnesses he needed to present his case.

I do not believe that he has a legitimate argument, since the evidence is not admissible at trial or exculpatory, and the prosecution disclosed it to the defense in timely fashion back in January. O’Mara claims that the disclosure was not timely because he was provided with raw data that he could not interpret.

However, he specifically asked for raw data, which is a proper request, and he should have retained an expert and/or the software program that is used to interpret it. His failure to do that cannot be blamed on BDLR.

FYI: Defense counsel should routinely ask for raw data, since it is the actual result and less susceptible to misinterpretation. Note that O’Mara waited until after the panel of 500 potential jurors were summoned to jury service. His delay in filing his motion for sanctions suggests that he was more interested in gaining a tactical advantage with that motion than he was in obtaining an interpretation of the raw data.

Judge Nelson granted the defense request for a Frye hearing regarding the admissibility of expert testimony identifying the person who uttered the terrified death shriek. She scheduled the hearing for June 6th and 7th and will permit expert witnesses on both sides to testify by videophone.

The defense still has not endorsed any expert witnesses. Remains to be seen, if any legitimate experts will disagree with the State’s experts and if they have the money to pay an expert. I doubt that they do.

At a press conference after the hearing, Robert Zimmerman, Jr. aggressively promoted the conspiracy theory that I wrote about in my last post.

_________________________________________________

I hate to hassle people for money, but contributions have been lagging this month.

Writing articles every day and maintaining the integrity and safety of this site from people who would like nothing better than to silence us forever is a tough job requiring many hours of work.

If you like this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.

Thank you,

Fred


Zimmerman voluntarily waived his right in court today to an immunity hearing

April 30, 2013

Tuesday, April 30, 2013

Today’s hearing was a judicial slam-down of the defense motions.

The most important thing that happened was the defendant’s waiver of the immunity hearing. After Judge Nelson placed him under oath, he acknowledged that he knew he had a right to a pretrial immunity hearing and he voluntarily waived that hearing.

In my opinion the waiver is bullet proof and will withstand appellate scrutiny.

At the press conference following the hearing, Mark O’Mara said that they had decided to waive the hearing because it would be better to let a jury decide the case. In my opinion, his explanation is pure spin designed to conceal that he knows his client’s credibility will be destroyed on cross examination. In other words, the defense has no defense.

BOTTOM LINE: He would not have waived the hearing, if he thought he had any chance to win. That overwhelming case for self-defense that O’Mara has been bragging about for almost a year is a bust. He folded when Bernie called his bluff.

Judge Nelson also ruled that the defense was not prejudiced by any of the alleged discovery violations, but she postponed consideration until after trial of whether to order the State to reimburse the defense for fees and costs incurred by alleged delays in providing discovery.

After Mark O’Mara questioned Don West on direct regarding the alleged discovery violations, Bernie de la Rionda did a nice job cross examining him by getting him to admit that the prosecution and defense discovered some information simultaneously, as in the case of Dee Dee’s hand written letter to Sybrina Fulton that she had placed in the family Bible together with other letters of condolence.

West’s effort to make an issue about BDLR failing to disclose that Sybrina Fulton sat next to Dee Dee when she was interviewed also came across as irrelevant nitpicking rather than a Brady violation.

BDLR also nailed West making him look foolish when West could not explain how Dee Dee’s hospital excuse about missing the funeral and wake because she could not face looking at Trayvon’s dead body had anything to do with whether the defendant murdered Trayvon.

We also learned today that the State recently sent the recording of the 911 call with the terrified-fear-of-death shriek to an expert to clean/enhance. The expert has not completed the process or issued a report.

True to form, Judge Nelson denied the defense motions without providing any basis to support a motion to recuse.

The next hearing will be May 28th with motions due no later than May 10th.

Writing articles every day and maintaining the integrity and safety of this site from people who would like nothing better than to silence us forever is a tough job requiring many hours of work.

If you like this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.

Thank you,

Fred


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