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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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


Featuring: LLMPapa Video paying his respects to Officer Mike Wagner

January 5, 2013

Here’s LLMPapa with a new video paying his respects to Officer Mike Wagner of the Sanford Police Department.

Yikes!


Is George Zimmerman a Symptom or the Cause of World Attention on Sanford Florida

December 30, 2012

Sunday, December 30, 2012

Good morning:

I write today to feature Whonoze and Seallison and to remind everyone that the defendant, who is charged with second degree murder for killing Trayvon Martin, may be the symptom rather than the cause of the difficulties attracting world attention in Sanford, Florida.

Whonoze remind us in his comment at 7:22 am this morning:

” The flipside of turning Trayvon into an angelic caricature is turning GZ into a demonic caricature. He pulled a gun on an unarmed teenager who had not hurt him in the midst of a grab-fight. That’s horrible enough. Then he shot him through the heart. Much worse. Then he acted as if he was the hero, lying up a storm and showing no signs of remorse (God’s plan, you know.) Just totally fucking disgusting.

But that’s not bad enough for the people here who need him to personify TOTAL evil incarnate. He has to have planned the whole thing. There must have been a conspiracy to murder Trayvon. He cocked his gun, no knocked on his co-conspirators screen door!. He had a script in the truck with him, and he was whispering to Shellie or Osterman or the ghosts of James Earl Ray and Byron De La Beckwith! You give him too MUCH credit, as if he had superpowers. If he lurks here, I’ll bet he gets off on how bad you all think he is.

But he’s just a small man. A fuck-up in denial of his own failures, A control freak who has never really felt in control of anything. He is, in the last analysis, nothing but small potatoes. But in the US any loser can get ahold of a semi-automatic weapon and turn themselves into a headline. GZ is the symptom, not the problem.

The real story here remains not the little man who killed an unarmed teenager out of his own weakness, but the racist law enforcement regime that chose first to look the other way, and then to cover up their own misconduct with bogus reports and evidence tampering. Until I see actual evidence to the contrary, I shall continue to believe that Angela Corey is covering for this regime and it’s crimes, that the State’s game is to sacrifice the pawn named George Zimmerman to protect rook SYG, Queen SPD and King Rick Scott.

I think people here are getting played by focusing so exclusively on Zimmerman. He’s become the projection of the Mighty Oz, so the men actually pulling the levers get ignored. I think it’s cognitive dissonance. You realize GZ may actually get punished for his crimes, but you don’t really beiieve the political structure that supports racist police departments can be challenged. So you focus on GZ because you have a chance of winning, which will allow you to feel better about the world and your place in it if/when he goes down. But, you’re like the druck looking for his keys under a streetlight because the light is better there, even though he lost them in the shadows up the alley.

Because putting GZ behgind bars for the rest of his life isn’t going to change anything. Trayvon Martin will still be dead and the institutional structures that created the climate in which he could be killed and have his killing ignored will be rolling right along, thank you very much. Oh some of the names will change and the cards will get shuffled a bit. But the machine will grind on and the same shit will keep happening, just as it has already continnued to to keep happening in the few months since Trayvon’s murder.”

Seallison provided an interesting link to this article regarding the selection of Bill Lee, a “good ol’ boy,” to be the Chief of Police for the City of Sanford:

http://thegrio.com/2012/04/02/trayvon-martin-bill-lee-lacked-experience/

As I said to Whonoze,

I am very concerned about this too. I do not have any faith or confidence in the commitment of the U.S. Department of Justice and the FBI to root out corruption and prosecute the offenders in local and state police departments for violating civil rights.

I am hoping they will carry out their responsibilities and do their jobs in this case, but I am not holding my breath.

What do you all think?


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