What really happened moments after the gunshot in the Zimmerman case

June 22, 2013

Saturday, June 22, 2013

Good morning:

Don West impeached his client with the legal document he filed yesterday titled, Defendant’s Specific Response to State’s Motion in Limine Regarding Self-Serving Hearsay Statements of Defendant.

He said at pages 2-3.

Witness 13 and his wife heard a commotion in the back of their townhome. They heard yelling and then heard a shot. Witness 13 grabbed a flashlight and went outside to see what had happened. Within seconds of the shooting, W13 approached Mr. Zimmerman who was staggering, bleeding and breathing hard. The witness observed blood on Mr. Zimmerman’s face and the back of his head consistent with someone having been injured in a fight. Mr. Zimmerman asked W13 if he was bleeding? Witness 13 said “Yes” and W13 asked Mr. Zimmerman what had happened? Mr. Zimmerman told W13 that the other person was “beating me up” and he shot him.

Within a minute or so, Sanford Police Officer Tim Smith arrived on foot at the location where Mr. Zimmerman and W13 were standing. Officer Smith spoke with Mr. Zimmerman at the scene upo his arrival. Mr. Zimmerman acknowledged being the person who fired the shot and that he had a firearm on him. Mr. Zimmerman spontaneously stated that he had yelled for help and that no one helped him.

With that fresh in your mind, please watch what the defendant told the police about those moments during his walk-through for the Sanford Police Department a little less than 24 hours after he killed Trayvon Martin.

Thank you to LLMPapa for preparing these two clips from the walk-through.

Clip 1

Clip 2

Congratulations, Mr. West.

You have succeeded in proving that your client lied.

Can you pass the straight-face test when you argue to Judge Nelson that the defendant’s “spontaneous” statements to W13 are reliable and accurate?

What is she going to think about your credibility and professionalism when the State shows her the walk-through video?

By the way, was his statement to the person he called on his cell phone another “spontaneous” utterance?

As long as you are spillin’ the beans, why don’t you tell us who he called and what he said.

FYI: A few minutes after I posted this article, I reversed the order of the two clips because #2, which is now #1, is more directly relevant given the focus of the article. I apologize for any confusion that may have caused.


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.

______________________________________________________________

Please keep those donations coming.

We’ll need the gas money to get home.

Many blessings to all of you from

Fred and Crane


Zimmerman defense stumbled into money trap

May 19, 2013

Sunday, May 19, 2013

ChrisNY~Laurie said,

Why haven’t we seen any reciprocal discovery? I’d like to see what the defense has turned over to the State. Do we not get to see reciprocal discovery?

The Defense has expert witness’ that they would like to call via video conferencing at the next hearing, and filed a motion for approval. Does the Judge approve or deny this motion before the next hearing date or wait and tell them during the hearing when she gets to that motion? I haven’t even seen a motion in reply from the State yet, so maybe they have no objections to this. I don’t see how they don’t considering the defense did not name these experts, unless they did through emails or something.

Let’s not place the cart before the horse. Judge Nelson first has to decide whether to grant the defense motion for a Frye hearing. She will decide that motion at the hearing on May 28th.

I do not believe she will grant the motion because O’Mara has not made a proper showing. He needs affidavits from experts asserting that the technology/methodology used by the prosecution’s experts is not generally accepted in the relevant scientific community (i.e., audiologists). He hasn’t done that.

If she were to grant the motion, however, I do not believe she would conduct it via video conferencing. Cross examining someone on a video screen is not the same as cross examining them in person when the witness is not on his own turf with support at the ready off camera. I do not believe Bernie de la Rionda would agree to O’Mara’s request. I certainly would object if I were the prosecutor. I do not believe Judge Nelson would grant O’Mara’s request over de la Rionda’s objection.

O’Mara appears to be caught up in a money trap caused by frivolous expenditures of internet contributions and now he cannot afford experts.

Too bad, so sad.

The answer, as I have been suggesting for several months, is to attempt to get the defendant declared indigent so that the court will pay for the experts, but O’Mara and his client do not want to go there.

I suspect the reason is they do not want the internet fund shut down and turned over to the Court for reimbursement.

Greed and stupidity are quite the double whammy.

They have only themselves to blame.

_________________________________________________

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


O’Mara out of time in Zimmerman case

April 16, 2013

Tuesday, April 16, 2013

Abbyj said,

Omar will ride the PayPal buckaroo to the bitter end in an effort to squeeze out every last cent. He is hoping for a massive windfall, as fogen received early on. Without any hope of a great fortune appearing, O’Mara will then stand before Judge Nelson, wring his hands, and whine, “I haven’t had the financial resources to hire experts . . . ” Could fogen use this as grounds for an appeal?

Good question.

We begin at the beginning. Appellate courts hate piecemeal appeals. With one notable exception, they will refuse to review a case unless the circuit court has entered a final judgment terminating it. The exception is the writ procedure that permits a party to seek extraordinary relief from a specific order issued by a judge in the circuit court that, in effect, functions as a final order in a case depriving the losing party of an opportunity to present its case and argument in the circuit court.

The defense used the writ procedure to recuse Judge Lester (mandamus) and is now using it (certiorari) in an attempt to get an order vacating (setting aside) Judge Nelson’s order denying the defense motion to depose Benjamin Crump. I do not believe this effort will be successful because I think Judge Nelson made the correct legal decision. Since other witnesses were present when Crump interviewed Dee Dee to determine the cause of Trayvon’s death on behalf of his clients, Tracy Martin and Sybrina Fulton, his efforts constitute protected attorney work product that is not subject to disclosure. Moreover, the defense team cannot show they were prejudiced by Judge Nelson’s order because they can interview Dee Dee and the witnesses who were present. Therefore, Judge Nelson’s decision is not a final judgment or order that functioned like a final judgment by depriving the defense of its only opportunity to discover potentially favorable information for the defense.

With regard to your specific question, the defense would have to file a motion requesting some form of financial assistance from the court to pay for something that the defense has a right to do, but cannot afford to do. The defendant has a Sixth Amendment right to effective assistance of counsel at public expense, if he cannot afford counsel. The right to effective assistance of counsel at public expense, includes paying reasonably necessary expenses for investigators and expert witnesses.

Mark O’Mara and Don West have agreed to work pro bono, so they will not be asking the court to compensate them for the time they spend working on the case. However, their agreement to work pro bono does not mean that they also have agreed to pay the costs that will be incurred to defend their client. Specifically, the court cannot require them to pay experts and investigators.

The internet donations were supposed to cover those costs. According to O’Mara, however, the defense is underwater by approximately $10,000. I doubt that includes the $28,000 claim for services rendered by the security company, unless O’Mara has paid down the balance. Therefore, the defense may be in more serious financial trouble.

Judge Nelson cannot do anything unless O’Mara files a motion. An appropriate motion would be to ask her to enter an order declaring the defendant indigent and entitled to the reasonably necessary assistance of investigators and experts at public expense. Such a motion would have to be supported by a detailed financial statement or tax return submitted under oath. Given the substantial sum of money donated to the defendant via the internet (possibly approaching $500,000) that somehow disappeared and the defendant’s “potted plant” behavior at his bail hearing last summer when his wife under oath denied knowing that he had any assets just a few days after she transferred over $100,000 from the internet account into her personal account via his personal account pursuant to his specific instructions, I think Judge Nelson would refuse to accept anything at face value. I think she would insist the prosecution review the documentation or she might appoint a special master to review it, if the defense were to object. I think the defendant and his lawyers could safely assume that any irregularities would result in additional criminal charges.

If Judge Nelson were to deny the motion to declare the defendant indigent, her denial could be challenged on appeal. The issue would be whether she abused her discretion in denying the motion. In turn that would depend on the sufficiency of the documentation supplied by the defense.

To properly preserve this issue for appeal, the defense would have to ask Judge Nelson to reconsider her denial of his motion to appoint an investigator or an expert at every available opportunity. A failure to provide a road map in the trial transcript of requests to reconsider supported by specific reasons why an investigator or expert was reasonably necessary at that particular time might be fatal. For example, the DCA might agree that Judge Nelson abused her discretion by denying the request for indigency, but find that the error was harmless absent sufficient documentation of the harm to the defense caused by the denial.

If Judge Nelson were to grant the motion, O’Mara would have to submit ex parte motions to appoint specifically named individuals to do specific things. She would probably appoint one investigator. The number of experts she would be willing to appoint would depend on the relevance of their area of expertise to the subject matter at issue in the case. The rate of compensation would be at the reduced rate that the court has established for appointed cases.

If the jury were to convict the defendant and O’Mara failed to hire an investigator or an expert to assist in preparing for trial and putting on a defense, his failure to do those things could be raised in a state habeas petition after the appeal is unsuccessful. Habeas petitions are based on evidence that is not in the record and typically are based on defense counsel’s failure to do something that he should have done. The failure asserted in this instance would be the failure to hire an investigator or expert. If that happened due to lack of money and O’Mara did not ask Judge Nelson to find the defendant indigent, the claim would be that he provided ineffective assistance of counsel by failing to make the request.

In order to prevail, habeas counsel would have to convince the court that O’Mara’s conduct was deficient according to prevailing standards of conduct and that, but for the deficiency, the result of the trial probably would have been different.

It takes time to assemble a team of experts and investigators and it takes additional time for them to complete their assignments. O’Mara should have assembled his team before Thanksgiving. The trial is scheduled to begin in less than 60 days and the defense fund is underwater $10,000.

Even if Judge Nelson were to enter orders tomorrow finding the defendant indigent and appointing an investigator and experts, all financial compensation would be limited to services provided in the future.

Given that dire financial situation, plus one unhappy creditor having already sued O’Mara alleging that he has refused to pay $28,000 for services provided, I doubt anyone will invest any time or effort to help O’Mara without a substantial retainer up front.

Such is the nature of the criminal defense business.

Just like his client, he is out of time.

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.

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Why Has the Defense Team Gone Silent in the Trayvon Martin Murder Case?

January 23, 2013

Wednesday, January 23, 2013

Good morning everyone. The defense team finally appears to be doing something that makes sense. They have stopped talking. Therefore, I do not have much to report.

The Orlando Sentinel has reported that the defense deposed John (W6) on December 17 and recently deposed Mary Cutcher and Selma Mora. The defense also reported on its website recently that it had received Trayvon Martin’s school records. I have not seen any reports regarding the defense reaction to those records and the depositions.

I imagine that the absence of commentary by the defense is due to the lack of anything bad to say about the prosecution’s case that has not already has been said and refuted.

I suspect the defense team is in turmoil because it’s running out of money and cannot afford to retain investigators and expert witnesses. The recent lawsuit filed by the company that provided security and investigation services against the defendant, his wife and Mark O’Mara to recover damages for breach of contract has placed every other service provider in the area on notice not to do business with O’Mara unless they get a substantial retainer up front adequate to cover the anticipated fees and costs. I doubt O’Mara can do that.

Meanwhile, there must be substantial and increasing resentment within the team regarding the amount of money spent for housing, feeding and protecting the defendant and his wife against an unlikely threat to their safety. I never have believed that a credible threat existed. Instead, I think they grossly overplayed the threat-to-safety and racial-fear cards to curry favor and sympathy with white racists while trolling for dollars on the internet.

The fogen’s incredibly bizarre and ill-advised claim that he is not a racist because he is part Hispanic makes no sense and it cost him the support of white racists who were the group most likely to support him. After all, this is the guy who used his My Space page to hate on Mexicans and consistently described himself as white before he killed Trayvon. And despite claiming otherwise, he clearly said “fucking coons” while referring to him on the recorded police NEN call. That fact alone blows up his civil suit against NBC.

The loss of financial support by white racists must have been devastating. However, one also must add the additional loss of moral support caused by the fogen’s effort to conceal his financial assets and an extra passport from the court. I imagine that a lot of people interpreted that move as an admission of guilt.

Last, but certainly not least, the fogen told the nation on the Hannity show that he did not regret killing Trayvon and would not do anything different, if he had the opportunity to do so because it was God’s Plan for Trayvon to die. Apparently convinced that he was riding a tsunami of public support because of his stellar performance on the show, he promptly overreached when he attempted to change his agreement with Barbara Walters at the last minute by refusing to be interviewed unless she persuaded her network to pay for a month lodging in a hotel for him and his wife, plus the cost of the security team to keep them safe. Apparently he did not get the memo that nobody does that to Barbara Walter. She basically told him to go pound sand.

Although the fogen finally shut-up, he had caused irreversible damage to his defense. No reason to panic, however. His formerly estranged brother, Robert Jr., stepped into the breach to save the day. Billing himself as the spokesperson for the family and voice of reason, he attempted to put out fogen’s fire by pouring gasoline on it with predictable results. They might have been manageable and excused as an understandable overreaction to a beloved brother’s plight, if only he had stayed out of the minibars in his hotel rooms. His epic drunken late night rages on twitter revealed a damned unpleasant and clueless racist with whom no sensible and empathetic person of any race anywhere on the planet would want to associate.

Given the extreme financial predicament and ongoing clown show, I suspect raised voices, finger pointing and extreme resentments are threatening to tear apart the defense team.

I do not see the fogen admitting that he did anything wrong and I suspect his lawyers have just about run out of patience, especially if they have been working pro bono as they claim.

No one had to be a psychic to see this train coming. I am actually surprised they have maintained the appearance of being on the same page and working together pursuing an agreed strategy toward a common goal.

Do not be surprised if the engine starts smoking and the wheels fall off forcing someone to announce that they have decided they need to spend more time with their family.


Zimmerman: Prosecution and Defense Counsel Need to Stop the Stupid Mistakes

November 15, 2012

Assistant State’s Attorney Bernie de la Rionda violated a court order last week by listing the names of 12 people whom the State intends to call as witnesses at George Zimmerman’s trial.

Rene Stutzman described the screw-up in the Orlando Sentinel today .

De la Rionda delivered a new set of evidence to defense attorneys Nov. 8, and he prepared a summary sheet and delivered it to the Seminole County Courthouse.

Normally, he prepares two sets of summary sheets, one for defense attorneys that includes witness names and other protected information, and a second for the public that goes into the courthouse file. It typically identifies witnesses by number — for example, witness 17.

But on Nov. 8 de la Rionda filed the summary sheet that included witness names in the courthouse file, where anyone is free to look at it.

It lists nearly a dozen new witnesses. None is expected to be a major figure at George Zimmerman’s second-degree-murder trial. They include several of his neighbors and two black Sanford community leaders who were at a U.S. Department of Justice meeting several months ago.

When I first heard about this today, I decided not to write about it because it did not seem very important.

However, this is the second time he screwed-up. The first time was when he publicized Zimmerman’s woeful academic performance by mistake.

Mark O’Mara is not without sin here either because he was basically responsible for permitting the sexual molestation allegations by W9 against Zimmerman to be publicized hurting Zimmerman in the process.

Gentlemen: Enough is enough.

You are looking incompetent and stupid.

This is not difficult.

If you cannot handle simple stuff like this, how do you expect to get through the trial without making major errors.

The people and George Zimmerman deserve better than this.

Time to get your shit together.

The whole world is watching.

EDIT: Changed W8 to W9. Guess I better get my shit together.


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