A Facebook Face-Off?
Sunday, October 21, 2012 at 11:53AM I don’t think there’s a person in the world that doesn’t know a big election has been brewing in the United States. Perhaps there’s a handful who don’t know, but that’s not my point. What we have is a voting population that’s very split on the two presidential candidates, Barack Obama and Mitt Romney. Republicans and Democrats alike are extremely adamant about their man to a fault. Obama has the right ideas! No, Romney is best! It’s a real lesson in American civics; a true look into the theoretical and practical aspects of our citizenship. Each side is right, of course, and their constituents are convinced of it. The other side is dead wrong. That’s the problem with people. We tend to only see virtue in our candidate and vice in the other.
If we look into the George Zimmerman/Trayvon Martin tragedy, it seems as if civilized society is divided the same way, like the parting of the Red Sea, and depending on which side of the fence we’re on, our guy was the victim. The other guy started it. As in politics, it’s a mixed up, muddled up, shook up world; only this one reeks of racism, gun rights and a sense of morality that’s unique to each of us. And as sure as the upcoming election, the truth is not somewhere in the middle. Someone is going to prevail; someone is going to be right, whether it’s the truth or not.
§
I arrived at the courthouse about a half-hour or so early on Friday. As I approached the entrance, an SUV with tinted windows was parked nearby and the media were standing close enough (with microphones and cameras in hand) in hopes that George Zimmerman would emerge. I glanced but continued to walk. Once inside, I passed through security and began the standard ritual of putting my belt back on and putting all my stuff back in the correct pockets. That’s when I looked up and, there, within inches, was George. As he walked by me, we looked into each other’s eyes, but it was for a mere second. As he continued to head toward the elevators, I turned and followed him with my eyes. My, my, I thought, George put on quite a few pounds.
Less than a minute later, I was ready to go up to the fifth floor courtroom. A local TV journalist accompanied me on the ride up. She asked if I had seen him. Yes, I responded, he just walked by me. She said he looked like he gained a hundred pounds! I figured he must be pretty lethargic these days, I told her; not being able to go anywhere for the most part. That, and all the pizza and Chinese takeout he probably eats. We both chuckled briefly, but then the door opened and we were ready for business.
Before you go into the courtroom, you must pass through another security check. Unlike the last hearing, this time we didn’t have to remove our belts and shoes — just what was inside our pockets. Moments later, I entered the double doors and took a seat near the back.
When court came to order, Judge Nelson got right down to business. I don’t want to give you a blow-by-blow account of what transpired during the next hour-and-a-half. After all, most of you watched it on TV, saw it on the news or, marginally, read about it on a Website. Right now, I’m more interested in the ramifications of some of the judge’s decisions. I will say that, from what I and most of you observed, Judge Nelson will be a perfect fit for this case. She’s quite adept and strict enough to keep both sides in check. No nonsense, in other words, but she’s not without a sense of humor, either, which is great for calming nerves and abating tense moments from legal disagreements.
I didn’t get the sense that any of the attorneys were all that familiar with her style. Certainly, with Bernie de la Rionda, I could understand, but Mark O’Mara and Donald West didn’t seem to feel right at home, either. One thing is clear, she will not allow her courtroom to veer off course one bit. When O’Mara and de la Rionda started to whine and snap at each other like yappy little dogs, she told them to heel, and heel they did. She wasn’t gentle, nor was she harsh. She just made it clear enough to let them know what she expects from them. It was exactly what I anticipated at the heat of the moment. She recognized how it could have easily gotten out of control and made an “adjustment.” West, on the other hand… he’s a pitbull, and even when the judge admonished him, he kept going. This guy has a chip on his shoulder and he makes O’Mara look like a saint, with de la Rionda somewhere in between. I am sure George would freak if West were working for the other side. Big Boi Don West.
§
With no fanfare or special order, here’s the way I saw the judge’s orders. She granted the State’s request for George’s medical records, but limited how much the prosecution would get. How much? O’Mara was willing to give them 30 days before the incident and 30 days after. However, he handed the court all documentation that was available to him. Judge Nelson said she would look at the logs and dates and decide what is appropriate based on privilege. Personally, I think the State should get everything, but it’s just my opinion.
I’m not going to bother with the phone call recording that Benjamin Crump turned over to the FBI. After a discussion, that one will be resolved, and most of the nitpicking issues over evidence will be cleared up, too, so I’m not going to write about them unless they become problematic down the road.
What was interesting was the motion filed by West asking for regularly scheduled hearings. In that motion, he also asked for a second judge; a senior judge to oversee docket soundings, but Judge Nelson never entertained the thought. I think, by that time, West knew better than to address it. She had pretty much made it clear at the docket hearing earlier in the week, which she reiterated, that her schedule would remain wide open for them, including weekends and holidays. She will do whatever it takes to move this case forward.
This leads me to the meat of the hearing — Citing prior case law, the judge granted the defense motion seeking Trayvon’s Facebook and Twitter records. Since Zimmerman is mounting a self-defense claim, he has a right to see evidence that may support any aggressive and/or violent behavior by Trayvon. It will be tough, though, because they’ve got to go through Facebook and Twitter to get those records. Not an easy task.
Here’s where some of you may not agree with me. I think the defense has a right to see it and I will explain why. Just like in this heated election, we have a propensity to take sides. Not only do we take sides, we fervently believe our man is right and the other guy has got to lose. That’s all there is to it. Only it doesn’t work that way in a court of law. No matter how you feel, the way our system works, George is innocent until proven guilty. The law favors him, not Trayvon. Sad, but true. Florida law states:
90.404 Character evidence; when admissible.
(1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:
(a) Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.
(b) Character of victim.—
1. Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or
2. Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.
(c) Character of witness.—Evidence of the character of a witness, as provided in ss. 90.608-90.610.
O’Mara cited Dwyer v. State, 743 So. 2d 46, 48 (Fla. Dist. Ct. App. 5th Dist. 1999):
Generally, evidence of a victim’s character is inadmissible, but a defendant who alleges self-defense can show, through the testimony of another witness, that the alleged victim had a propensity for violence, thereby inferring that the alleged victim was the aggressor. Smith v. State, 606 So. 2d 641 (Fla. 1st DCA 1992); see also Ehrhardt, Florida Evidence § 404.6 (1999 ed.); Graham, Handbook of Florida Evidence § 404.1 (1987).
A defendant’s prior knowledge of the victim’s reputation for violence is irrelevant, because the evidence is offered to show the conduct of the victim, rather than the defendant’s state of mind. Ehrhardt. Accordingly, evidence of one of the victim’s reputation for violence was not prohibited by Dwyer’s lack of prior knowledge of that victim’s character traits.
Here’s where I am rather confident, though. Let the defense have at it. When I was 15-years-old, I called out a kid in school. He never showed. There was no fight and nothing was reported. Suppose we did fight. Would that be enough to render me a violent youth? A “gangsta” in today’s world? Would Mr. O’Mara use that against me? You bet he would. But the point is, I never got close to a fight again in my life, and that kid I called out has been my best friend ever since. You’d better believe that Mr. de la Rionda would be quick to point that out, too.
O’Mara said that videos exist showing Martin’s involvement in MMA (mixed martial arts) fighting. I say, let him find them. Trayvon’s parents will counter that their son never took MMA lessons. O’Mara will tell the court that Trayvon boasted of beating up other kids. I will tell you right now that male children and young adults readily tell their peers how tough they are, but does that make it true? They will boast about their manhood and brag about prouesses sexuelles, outstanding abilities in bed and incredible lasting power, not to mention a long list of nameless conquests — nameless because they don’t exist. I know, because I heard them all growing up. So did O’Mara, and if he plans to use this sort of thing to trash Trayvon, it would be a real disgrace. It’s braggadocio, and everyone does it. Besides, it doesn’t prove a thing.
O’Mara was also granted power to subpoena the Facebook and Twitter accounts of Trayvon’s girlfriend because he’s convinced her online posts will contest the story she gave police about being so devastated by his death that she couldn’t attend his funeral. Like she got over him in record time. Judge Nelson told de la Rionda that he can contest this part of the ruling in writing if he wishes.
Let me tell you, I have a friend with a 15-year-old daughter and she flits around hourly. Friends come and go on a mere whim. Adults forget the mind of a teenager, when hormones rage. Besides, people mourn in their own way. Put the girl’s mother on the stand and see what she’s got to say. While O’Mara shreds the children, why not look at what the Zimmermans told each other about being rich and famous while he sat in jail. “It’s gonna be a great life!”
Did Trayvon’s death bring her a great life?
I will say this. If Trayvon was such a tough and violent gangsta, how come no one has come forward? So far, I haven’t heard a peep out of anyone he went to school with. I think the defense is going down a dangerous and slippery slope; one that could backfire if handled improperly. You’d better be able to prove what you say, Mr. O’Mara, or your name will be sliding down an ugly and vicious path.
One final thought… I wouldn’t put it past ANY defense attorney to make their client look sickly and weak in court, hoping that the judge takes pity. Just look at the poor, poor boy and what he’s been through. Instead, I hope the judge keeps Trayvon’s memory alive. He’ll never have an opportunity to get fat, and by the time O’Mara gets into his character assassination mode, Trayvon is going to be transformed right before your eyes and ears — from a momma’s boy into a horrible monster. Just remember, monsters aren’t real. George is.
Cross posted on the Daily Kos
Dave Knechel | tagged Barack Obama, Democrats, Mitt Romney, Republicans | in Benjamin Crump, Bernie De la Rionda, Dave Knechel, David B. Knechel, David Knechel, George Zimmerman, Judge Debra S. Nelson, Marinade Dave, Marinade Dave Knechel, Mark O'Mara, Slimm v. Zimm, Sybrina Fulton, Tracy Martin, Trayvon Martin, Zimm v. Slimm, marinadedave | Share Article 
LEGAL NOTICE
©David B. Knechel. All Rights Reserved. No portion of this site can be reproduced in it's entirety or in part without expressed written permission by the owner/administrator of this site in accordance with the Digital Millennium Copyright Act. Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3). The charges against defendants are mere accusations and the subjects are presumed innocent until found guilty in a court of law.
Reader Comments (120)
The following is a an interesting read. If you zoom in to about 150% you can read all the comments.
I find the comments regarding Don West enlightening. It is my personal opinion that West is behind the repeated attempts for Eaton. Again, imhoo
The Truth Does Have An Agenda | Posted October 22, 2012 by trayvonstruth | Treehouse Fact or Fiction?
Quote:
O’Mara’s strategy was everything that we had read at CTH. One would expect the defense attorney for the “most hated man in America” would have a little more sense than to run to a group of internet bloggers asking for advice.
[Yes, that was a VERY interesting read. It sure does appear like there's a connection at the hip between the 'solar Ritz that moves rhythmically to music' and Mark O'Mara. As for West, yes, he's just mean enough to do what 'solar Ritz that moves rhythmically' says he has done.]
"O’Mara’s strategy was everything that we had read at CTH. One would expect the defense attorney for the “most hated man in America” would have a little more sense than to run to a group of internet bloggers asking for advice."
It also correlates the allegation that the email soliciting a chat with the Treepers was in fact, legit.
[It sure does. How many coincidences of this nature do we need to establish some sort of connection?]
I think the hardest thing to accept is looking at this from an observation deck. IMO it wouldn't matter if he stood-up in the middle of luch and peed in everyone's food a week prior too. It comes down to 15minutes. Looking at posting will not rightfully show the state of mind when the altercation played out.
Teens live 2 lives. The one in front of their parents and the one at school. At school you are under pressure. To be the cool kid, to fit in not really showing your true self. Few people ever get to truly know their friends that's why friends and best friends are clearly defined. You prejudice the outcome of the trial by introducing Facebook as you are not gaging a true and correct representation of the person.
I would like to envision that Trayvon was simply walking home. It is easier to see it this way since this is what he was doing. Regardless if he is a permanent resident or just staying the summer he was going "home". I would like to think that while talking with his girlfriend that he inundated her with "sweet nothings". Which is what he did. I would also like to think that George simply glimpsed Travon and automatically assume he was a threat, which is what he did. I would like to think that Trayvon was concerned that a person was tailing him without provocation. Which he was. I would also like to think that George persued Trayvon which he did. I think it reasonable to assume that, being Trayvon, that a stranger had parked his car and was inclined to persue him. At this point, which is where confussion is manefesting is ugly head, is who attacked who. Well regardless if Trayvon jumped him had George not engaged Trayvon this would've been avoided.
It seems I don't have to think to much as with everything reported this is how it played out...as for the imposed, or proposed "gag order". I think once public documents begin to dump it is unfair to now try and procure a "gag order" as it's pointless.
IMO
[You are absolutely right, BMan, and it's exactly the point I was trying to make in the article. There is an "I" person and a "me" person inherent in each of us. We have our public persona and our private self. No one belches on a first date, but after so many years of being together, that inhibition goes away. There is also the one that separates the generations; i.e., how we talk to our peers compared to others. That's the polite and familiar factor.
I also think you are spot on about the way the night of Feb. 26 went. Trayvon was minding his own business and Zimmerman was not. As for a gag order, Judge Lester already ruled. I know this is not the same motion filed because the judge's order came without prejudice, but Judge Nelson made it clear at the hearing that she was going to support open government. It's the law. She may honor the gag order, but I seriously doubt it.]
Dave: LLMPapa is on a roll! ┌( ಠ‿ಠ)┘
He is responding to Mr. O'Mara's request to help find any 'questionable' statements. These are good.
I think you will only need to click on the first link, and they will all play--one after the other.
YouTube VIDEO | Published on October 23, 2012 by LLMPapa | Helpful Tip #1 For GZLegal Case
YouTube VIDEO | Published on October 23, 2012 by LLMPapa | Helpful Tip #2 For GZLegal Case
YouTube VIDEO | Published on October 23, 2012 by LLMPapa | Helpful Tip #3 For GZLegal Case
YouTube VIDEO| Published on October 23, 2012 by LLMPapa | Helpful Tip #4 For GZLegal Case
[Thank you, nan11. LLMPapa is a very talented man. He's a real asset.]
Sorry for not getting back sooner. Thanks for the answer Dave. I saw where you posted pics of junior, so he was there. Someone on another blog said that he thought Taaffe was there.
Interesting things happening with O'Mara and the hearing on the State's motion for a gag order. Maybe this actually benefits the State to have a demonstration for how O'Mara appeals to the public.
[Yes, Xena, Robert was definitely there, and so was Frank Taaffe. I spoke to him for a few minutes after the hearing, before and during O'Mara's press conference, until I joined the rest of the media.
That's an interesting conjecture you have. I think the state's gag order is legit, but I agree with you that its reaping some benefits by showing the defense's tactic to appeal to the public. That's an opportunistic approach for you. The judge will sit up and take notice, too, but will it change anything? I don't know.
]
nan11, thank you for your post. It led me from link to link. I've had an interesting hour of reading!
Here's a snippet of O'Mara's e-mail I found especially interesting from a linguistic point of view:
"I’d like to ask if you and other supporters could help us scour the web and, strange as it may sound, send us links to the most potentially questionable statements we have made during this process."
O'Mara is clearly admittting that MANY of his statements were questionable. LOL! He just wants the worst ones.
I hope Bernie De la Rionda picks up on this e-mail and the nature of collaboration with those tree people in the hearing!
Dave, thanks for the article on the hearing. It's always interesting to get the "feel" of the event from someone who was there.
[My pleasure, ritanita, and I plan on doing it again on Friday.]
Ritanita: Always a pleasure to read your comments. Much obliged. : - )
This is an interesting link. If it has not yet been shown that O'Mara has crossed the invisible line, he is very lucky.
Rule 3.6: Trial Publicity
I believe that O'Mara's most recent 'secret' (or not), plea to Georgie's masses, is good fodder for Mr. de la Rionda--that is, if he needs anything more.
I am not hopeful that we will see a gag order, though.
In a way, I hope not; because if a gag order were issued, I think that would mean that we would be subjected to even more outright lies from Booby, Jr.--in his blatant attempt to taint the jury pool.
Right now, he is unbearable to me, and I think a gag order would only make him worse. (I know that would be difficult, but I am sure he could accomplish it.)
The good thing about having a gag order in force, would be that it would allow time to take a second (or third, or fourth), look at all the evidence that is already out; and I may even have time to finish listening to the rest of the distasteful jail house calls.
While I respect the state's opinion, I don't think a gag order would benefit Trayvon's case, certainly not at this point.
It would not prevent Mark O'Mara and the Treepers from communicating--we have seen evidence of the 'secret' communications between them; and a gag order would not prevent it--just drive it even further undercover. imo
Without the gag order, (or even with it, I suppose--to the limit we would be allowed), I hope Trayvon's side continues to discuss his case and express their opinions, because our say might have some influence too. Sauce for the goose, sauce for the gander--and all that jazz.
Mostly, I think it will boil down to the broadness of the progressive 'Sunshine' laws, and that the judge will not allow the gag order.
I'm wrong lots of times, though. : ^ )
[I think the secret (but direct) plea to Zimmerman supporters was a mistake, but does it fuel the gag order? I think it helps link the defense to blogs and forums, and, of course, Facebook, but its intent was to remain below radar and out of the public scrutiny. We all know how that went. In my opinion, the latest request shouldn't affect the gag order request. However...
Here's where I see a potential problem for the defense. You are right in citing ABA Rule 3.6, but the Florida Bar Association Rule 4-3.6 is more succinct:
RULE 4-3.6 TRIAL PUBLICITY
(a) Prejudicial Extrajudicial Statements Prohibited. A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding due to its creation of an imminent and substantial detrimental effect on that proceeding.
(b) Statements of Third Parties. A lawyer shall not counsel or assist another person to make such a statement. Counsel shall exercise reasonable care to prevent investigators, employees, or other persons assisting in or associated with a case from making extrajudicial statements that are prohibited under this rule.
*********************************************
This then leads me to the famous gzlegalcase quote:
"For those who have given in the past, for those who have thought about giving, for those who feel Mr. Zimmerman was justified in his actions, for those who feel they would do the same if they were in Mr. Zimmerman's shoes, for those that think Mr. Zimmerman has been treated unfairly by the media, for those who feel Mr. Zimmerman has been falsely accused as a racist, for those who feel this case is an affront to their constitutional rights -- now is the time to show your support."
The defense is assuming the public agrees with them and it reads more like a political ad than anything else. The defense has also, on numerous occasions, presented statements that claim it's common knowledge that Zimmerman's nose was broken, as if it's simply accepted. This is called manipulation.
As much as I hate a gag order, I think the state was correct in filing the motion requesting one. The defense has allowed lots of information out to be disseminated by the public. They are begging for help. It reeks and it's a different game since Lester turned the initial motion down. But I do not think it reaches a level that requires a gag order. Not yet, but O'Mara is pushing it. It's skirting the edge.
Yuck... who wants to listen to what Robert, Jr has to say? And if that's what's left, that's what we'll hear and see because the media will want to get their hands on anything related to the story.
That's my take on it. Thanks for your thoughts, too, because it really brought it to the forefront over here.]
As a short footnote to my above comment, I would like to add that if the judge says 'no' to the states gag order, I realize that the press will tout it as a big win for the defense.
It will not be so, imo. : - )
October 24, 2012 | Orlando Sentinel | Zimmerman’s lawyers: Cops will testify for us
Sub-Heading: They usually testify on behalf of the state
Quote:
George Zimmerman’s lawyers Wednesday notified prosecutors that their witness list now includes a who’s who of the Sanford Police Department’s chain of command at the time of Trayvon Martin’s death, including the police chief, major crimes captain, sergeant and case detectives.
Filed October 24, 2012 | Defendant’s Supplemental Witness List
[I think it's more of a ploy than anything else. If you recall, there were law enforcement investigators on the Casey Anthony defense witness list and most of them were already on the state's list. It just makes it look like they are all rooting for Zimmerman, but cops will always be cops unless it's one of their own. Zimmerman is not one of theirs, I guarantee it!]
O'Mara is really concerned over what the state intends to use at the gag order hearing. Something must really be up with that.
Filed October 24, 2012 | Demand For Specific Discovery
Quote:
Any and all evidence, documentation or information that the State intends on using at the hearing on the State’s Second Motion for Gag Order to be heard by the Court on Friday, October 26, 2012.
Dated this 23rd day of October, 2012
Dave: This is the state's response to West's last motion where he asked for a retired judge to assist Judge Nelson.
Filed October 18, 2012 |
State’s Response To Defendant’s Motion To Schedule Standing Hearings To Address Discovery & Other case Management Issues Or In The Alternative To Request Assignment Of Senior Judge
[I read the whole thing and the state made a number of points; one's I agree with. What I would have added, although I wouldn't have expected the state to, was how much time the defense spent demanding new judges. I know, it's Zimmerman's right to do that. Was.
I think it's strange that the defense asks the state to slow down the discovery delivery and turns around and slaps them with a motion complaining about how slow they've been. You'll also notice that the judge never mentioned anything to the defense about a second "SENIOR" judge. The state sid it well: "The State disagrees with the need for a senior judge." Period. End of story.]
Dave, if O'Mara is going out in the media and running a website, should this not be taken up with the Bar Assoc. and not the court if he needs to be gagged? TIA
[This is an excellent question, NewSpirit, and hello!
The answer isn't all that complicated. If the state (or anyone else, for that matter) files a complaint with The Florida Bar, they will investigate and decide whether any action should be taken with Mark O'Mara over Rule 4-3.6, which states that, "A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding due to its creation of an imminent and substantial detrimental effect on that proceeding." This also includes counseling or assisting "another person to make such a statement."
In this respect, there could be some issues with The Bar, but I doubt it. I don't think it reaches the level.
What the State files in court is separate from any Bar situation. The State is complaining about the overactive publicity. The defense has taken their game to the masses. They are saturating the airwaves, so to speak, in a possible attempt to poison the jury pool. That's a whole different issue from The Bar. Is the defense taking it too far? Maybe enough for a warning, but even The Bar says that, "It is difficult to strike a balance between protecting the right to a fair trial and safeguarding the right of free expression."
I hope that answered your question. Thanks for asking.]
Thank you, Dave. Do you think the hearing on Friday will be live streamed? I do not think the judge will approve the motion for a gag. Some of us out-of-state will have to rely on you to bring us the news from the courtroom. One of these days, the wife and I want to take a trip to Florida. When it is windy and cold here. lol
[My pleasure, NewSpirit. Yes, the hearing will be streamed live. I would recommend looking at some of the Orlando TV Websites, like wftv.com or wesh.com. They generally broadcast the hearings live on their sites. The Orlando Sentinel may, too.
I don't think I will be able to bring you the story live, but I will give you my take on it later on. If you and your wife ever come to Florida, be sure to let me know!
★★★★★
YouTube VIDEO | Published on October 24, 2012 by LLMPapa | Helpful Tip #5 For GZLegal Case
Dave: The above is truly a five star video from LLMPapa. He focuses on an issue that no-one has discussed for awhile.
Afterall, O'Mara asked for it.
BTW, thanks for all your replies. They are muchly appreciated. I was actually hoping that you would have a specific 'Florida' link for pre-trial publicity! : - )
[O'Mara DID ask for it. Of course, he was hoping it would only be from his supporters, but that's why he has two full-time people scanning the blogs and forums, right? And I would expect him to try to extract positives out of the negatives if he's all that talented. After all, he asked for the negatives.
I'm very happy to have comments to reply to, nan11, so thank you, too, and to everyone else. As for the Florida link, The Florida Bar would be the one investigating. The ABA may go more into federal cases, but they're not limited to just them. They just can't investigate on the state level like the state Bar. No restrictions; just time and budget constraints.]
Dave: This is another good point the State made in their response motion.
Quote: Page 6 | State Response – Expert Depositions
The State disagrees with the facts cited by Defendant as to FDLE witness Steve Brenton and the significance of what occurred. This wasn’t “quite by accident” as alleged. While Defense Counsel was examining and photographing the evidence at FDLE on 8/8/2012, Defense Counsel looked at the Victim’s cell phone and asked who had attempted to access the contents. The State asked the FDLE person who handled the cell phone to come to the room where the evidence was being viewed. Even though it wasn’t a deposition, both Defense Counsel were able to question Brenton about the telephone, and what he was able to recover from the phone.
Victim telephone records (CD) had already been provided on 5/14/2012, and the data recovered by Brenton (CD) as requested by Defense Counsel, was provided on 8/24/2012.
During Brenton’s deposition two reports were provided to counsel. The reports don’t provide much information other than identifying data and photos of the outside of the telephone. The other items mentioned by Defense Counsel are empty files or have non-germane information.
As to the other experts, as previously mentioned, reports of these witnesses were provided prior to depositions, and in most if not all cases, their entire file, including their notes and photos were provided prior to the deposition date. When Defendant requested additional background data, it was requested from the analyst and provided.
*************************
Following is an article that discusses the allegations by the defense, concerning the above issue.
Maybe the Sentinel will run an article tomorrow concerning what Mr. de la Rionda said in his reply motion? (I'm not holding my breath.) {sigh}
Orlando Sentinel | October 15, 2012 | Defense says state not turning over all evidence
Quote:
It was “quite by accident,” West wrote, that defense attorneys learned Brenton had tried to analyze the phone but had been unable to finish the job. Brenton wrote a report about his findings, West wrote, but the state still hasn’t surrendered it.
[What's going to be interesting about this response and the complaints from the defense is that it will only serve to anger the judge, I'm afraid. She's going to be very much in charge of maintaining peace and control in her courtroom. I almost smell a reprimand coming on. For both sides. If she scolds only one, the other will claim judicial bias, not that anything could be done about it.]
Dave, it this coming Friday the hearing that I read there are going to a dozen or so media there even The Associated Press. Do these hearings all have so many media persons in attendance. I imagine you will also be going. Do you know is it can be watched like last weeks or what would be the best source and time.
[Hello, New Puppy! Great to see you.
The Associated Press is always there. As a matter of fact, the reporter and I have had good conversations on occasion, including the last hearing. We remember each other from the Anthony case. There may be a bit of confusion over this next hearing and the strong representation expected from the media. They will be there en masse to fight the gag order. What this means is that there will be more attorneys present that represent their concerns. Generally, a journalist from the NYT isn't in the courtroom, but this one may be different, although the events could be culled from a variety of news sources.
I plan on attending. The hearing starts at 1:30 EST and I would check out TruTV or, as I mentioned above, one of the local Orlando media outlets, like wesh.com or wftv.com. Clickorlando.com (WKMG) may have it, too, along with orlandosentinel.com - all for live streams.]
Dave, I have noticed that you suggest Mark O'Mara may have a political agenda in mind after this case. Actually I was a little surprised that Jeff Ashton won his position after the Casey Anthony acquittal and had thought that the loss of such a murder case would not help his votes. Being wrong about Mr Ashton, apparently the way a case is handled, win or loose has nothing to do with it. It is the publicity which enhances their popularity. Mark O'Mara does seem to have a pleasant way, at ease before the press, which in my opinion, he does tend to have a political type of personality.
[Sorry for any confusion, MO, but I only think O'Mara sounds like a politician. I have no idea if or why he would switch to politics when he's got such a lucrative law practice. Who knows about what the future holds for him if and when he retires from public practice, but I'm certain he will retain his license. I've yet to meet an attorney that has not kept hold of his/her license. Perhaps he'll want to be a judge someday. Or help someone he takes a shining to.
My guess is that, by the time he retires, he'll consider himself to be too old to run for office and, most likely, be content with what he's done during his career. Also, remember that Ashton spent his career in public service as a prosecutor. He was a natural to continue in public service. He merely switched gears and upped it a couple of notches.]
New Puppy: It is so nice to see you! : - >
Excuse me for jumping in, but I just wanted to let you know that I will post live links for the hearing tomorrow. So far, we know it is scheduled for 1:30 pm.
If you get TruTV and you don't mind commercials, they will also carry it live.
Regarding the links, I usually wait until about ten or fifteen minutes before the start time to post them because I try to be sure they will work.
I usually check back; so, if the ones I post do not work good for you, you could leave a short message to let me know, and I would look around for one that would be better.
Marinade Dave, I had serious computer problems so have not been able to read in here so lots of catching up to do. Thank you for the great posts. Will you still write if they have a gag order?
[Hello, ChickaDee, I wondered where you've been. I hope your computer problems are worked out.
Will I continue to write about the case if there's a gag order? I still have a few articles up my sleeve, but if it's gagged, I doubt I'll have much more than that to write. I have some connections with people involved in the case - indirectly, but I will not be writing about what Robert Jr has to say. I refuse to join the realm of redundancy.]
Dave: Have you seen this? The first video was over at the Treeper’s yesterday. Tennis tweets it out, and guess who retweets it? Rene Stutzman!
YouTube VIDEO (JibJab) | Published on October 29, 2012 by Rumpoleful | Zimmerman: Scheme Team Does The Time Warp Again
Let’s have a look at a time in the past when the true colors of Stutzman were revealed:
MSNBC VIDEO| The Last Word | March 26, 2012 |
O’Donnell challenges Sentinel report
Now, let’s look at this:
You Tube VIDEO | Published on July 16, 2012 by stateoftheinternet | Mark O’Mara – BUSTED!!!
J4T
[It really does seem like there are discrepancies in O'Mara's accounts of events and whether he said anything that could be construed by the state as problematic. That's one thing. I would expect Diane Tennis to take the defense side because she is, well, a defense attorney. However, Rene Stutzman's write-up that I watched MSNBC's Lawrence O'Donnell unfurl borders on a real spin for the defense. Actually, it doesn't border, it's a spin, period. There is no proof, other than Zimmerman's own story, that backs up what she wrote. She did write it as fact, and I'm a bit surprised. But, you know, media are known for slants. That includes me, of course, but I try not to turn a defendant's account of events into fact. Thanks for bringing that to my attention. I'll have to be more alert from now on.]
MO
JMHO but I think Jeff was elected because a change was needed. I don't think people blamed him for the loss of Caylee's case but put the blame where it belonged. The jury was either lazy or stupid or both. They didn't ask to see any eviedence/testimony,they just wanted to go home.
If this case goes to trial and it runs into the July4th holiday and the jury is sequestered,the same thing could happen again.
http://dothprotesttoomuch.com/2012/10/25/the-hits-keep-coming-when-youre-a-genius-like-that/
"You can't fix stupid" "stupid is forever" I'm not fond of Ron White but I do like these sayings.
Tommy's Mom's Link--Click friendly
I don't blame Jeff Ashton for anything lost in the Anthony Case. I'm kind of one of those people who see yesterday as gone but we need to try and fix what may have gone wrong for a better next time and unfortunately there are always next times. As far as the political thought, I try to be interested in what is happening today ,what tomorrow may have in the making. Kind of like memories are left from yesterday, today is today, with hope for tomorrow that our connections are improving while appreciating all the best parts of any time period. . If it all sounds too dramatic, it is only meant to be more realistic. The political agendas are not so personally important to me, I just wonder while they are in the process of pre trial procedures, if they are totally absorbed in the facts or if at the same time their thoughts may have a mixture of future aspirations. The public is not so acquainted with every attorney in a national headlined case as in the like of CA and GZ cases The blogs keep a lot if interest revolving. Of course there was OJ, we know who those attorneys were, for sure, but can't say that blogs entered into his trial very much or at all. Don't recall hearing a lot about that jury who acquitted OJ. Can't help having a certain amount of uneasiness that GZ could also walk and trying to figure if a 6 or 12 seated jury has a better chance of bringing in a guilty verdict. Don't understand why it's to be 6 instead of 12, if it is the 2nd degree murder as opposed to death penalty charge, or what. The 6 juror panel does disturb me a little I have my reason but I'm sure it can all be explained away by ones who know. Lets hope this case gets to trial.
Dave said: She did write it as fact, and I'm a bit surprised. But, you know, media are known for slants. That includes me, of course, but I try not to turn a defendant's account of events into fact.
Me: You generously volunteer your time and your blog space. I believe I have even seen you struggle at times—trying to remain neutral.
Stutzman is a paid reporter—quite likely highly paid. Some might say ‘professional’. Yet, her bias is so obvious that it is revolting. In my opinion, it goes way beyond a ‘slant.’
It does surprise me. With the openness of the Sunshine laws, I would expect the major newspapers to require fair reporting.
I know that Georgie explained to Shellie in one of his jailhouse calls that O’Mara knew how to handle the press, but what we are seeing is ridiculous.
Do they think we can’t read the discovery and understand what it is we read? Do they never tire of panhandling for money? Do they never hanker to do their jobs honestly? Does their conscious never seek the truth, but instead find satisfaction in the words of a liar?
Trayvon Martin will never live another day. He will never eat another piece of birthday cake. He will never take his girl to the prom. He will never hold his first born child in his arms.
George Zimmerman shoved a gun in his waistband; went out mad as he!!; and found the release his sick mind so desperately sought. Because of that Trayvon Martin will never enjoy another second of the beautiful things life has to offer.
Justice will not give Trayvon back his life. It is not enough, but it is all that can be offered.
I say shame on Stutzman and her elk. I do not include you in that group. : - )
Dave, Great to see you here too! Still on the ball, taking care of important business. If I was more attentive to all the comments, especially the excellent feed that Nan11 provides I shouldn't need to ask any questions, but often hop in and out and miss many important points. thanks for the info. I guess a lot of tension can be expected tomorrow and good that you will be there as usual to bring back all the fine tuning from the hearing for all your friends to review and discuss.
This is an excellent video by altpapapi.
☛ You Tube VIDEO | Published on Oct 24, 2012 by altpapapi | God's plan for George Zimmerman
Dave: I got these motions from the 18th Circuit Court Media Advisories page. I think we might see some furious filings in the morning, because I think there are some missing.
It could be that they were filed, just not posted, though.
I find it interesting that I don't see a reply from the State to O'Mara's 'demand' or to his big surprise, surprise motion.
Filed October 18, 2012 | State | Second Motion For Gag Order
Filed October 24, 2012 | O’Mara |Demand For Specific Discovery
Filed October 25, 2012 | Attorneys for The Media Companies | Media Companies’ Motion To Intervene And Response To State’s Second Motion For Gag Order
Filed October 25, 2012 | Attorneys for CNN |Cable News Network, Inc.’s Motion To Intervene And Notice Of Joinder
Filed October 25, 2012 | Attorneys for the Sentinel |Motion To Intervene And Opposition To State’s Second Motion For Gag Order
Filed October 12, 2012 | West | Motion To Schedule Standing Hearings To Address Discovery And Other Case Management Issues Or In The Alternative To Request Assignment Of A Senior Judge To Manage Discovery
Filed October 18, 2012 | State | State’s Response To Defendant’s Motion To Schedule Standing Hearings To Address Discovery & Other Case Management Issues Or In The Alternative To Request Assignment Of Senior Judge
Filed October 19, 2012 | O’Mara |Emergency Motion For Protective Order/Prophylactic Sequestration Of Witnesses Prior To Defense Deposition
With regard to Attorney O’Mara Social Media
IIRC around August 2012 around the time the Defense was seeking to remove Judge Lester, Attorney O’Mara was pressing the flesh and telling the Social Media how George was doing – not well emotionally etc. and living like a hermit cause he’s scare and all that concern for his client crap
Attorney O'Mara states to the Social Media that there's a $5,000 bounty on his client for information leading to his client’s location [bounty was put up by a private citizen/investigator I think]. IIRC he made this statement more then once
Folks will do a lot for $5000 too – right George?
Why would Attorney O’Mara do that?
Back later to discuss the Facebook face off – as always great write up Dave
Dave, since picking a jury in a high profile case seems to be getting more difficult with today's technology, do you think that soon we will see professional juries? We have grand juries so why not petite juries? Just pick the jurors at random from a database of jurors who have been screened to see if they are of sound mind and are on the ball. Instead of a jury of your peers, change the words to a jury of the seers. Just think of all the hassle it would save. TIA
Dave: I’m slow tonight, but I just learned that Mr. de la Rionda filed a ‘memorandum’ relating to his request for the gag order, late this afternoon. I do not believe it is posted yet. Weiner from the Sentinel condescended to do an article.
I think Mr. de la Rionda put some effort into his ‘memo.’ He mentions ‘God’s plan’ and the gift that interview was. : - )
He also mentions ‘O’Mara’s [recent] email to supporters asking for help.’
I wish we had the whole thing to read. I suspect this article is a very poor representation. MOO
Orlanda Sentinel | Jeff Weiner | October 25, 2012 | Prosecutor’s new filing: Zimmerman defense using social media for ‘spin’
Quote:
In support of his latest request for a gag order, the lead prosecutor in the George Zimmerman murder case filed paperwork today attacking a wide array of public statements made by the defense via traditional and social media.
In support of his latest request for a gag order, the lead prosecutor in the George Zimmerman murder case filed paperwork today attacking a wide array of public statements made by the defense via traditional and social media.
Prosecutor Bernie de la Rionda lists in his new court filing the Zimmerman defense team's website, their social media accounts and comments from interviews with local and national media. The comments made by defense attorney Mark O'Mara, de la Rionda argues, risk tainting the jury pool with the defense's "spin" on the evidence.
Through social media and blogging, O'Mara "is able to control and filter commentary about the case, in effect bypassing the regular media... and communicate the spin they want potential jurors to read about the case," de la Rionda writes
Lots more here
http://www.orlandosentinel.com/news/local/trayvon-martin/os-george-zimmerman-gag-state-argument-20121025,0,4994095.story
Dave, I think my link may be the same as nan11's. If it is, just delete it. TIA
nan11
Thanks for making my link friendly. I have no idea how to do that.
Robles weighs in.
The Miami Herald | By Frances Robles | Posted on Thursday, 10.25.12 | Sanford court hearing set on gag order request in Zimmerman case
Sub-Heading: A judge will decide Friday whether lawyers in the George Zimmerman murder trial should be muzzled.
Quoted and snipped:
►“I don’t think a gag order is necessary,” O’Mara said in an interview. “Publicity in and of itself is not bad. I do speak more than I normally would, but I know the rules, and I am cautious not to go anywhere near them. ... We know what not to say, and we are not saying it.”
He added that he’s so knowledgeable about Bar Association rules governing lawyer’s speech that he gives workshops on the topic.
► In a memo filed late Thursday, Assistant Duval County State Attorney Bernie de la Rionda said O’Mara has used social media to “control and filter commentary about the case, in effect bypassing the regular media ... [to] communicate the spin they want potential jurors to read about the case.”
► Miami Herald attorney Scott Ponce, who will present the media position in court Friday, said the Supreme Court has ruled that jurors must be impartial – not completely ignorant.
►The court said the attorney’s speech was protected, but recognized that there are circumstances in which lawyer rhetoric can be curtailed.
[Ponce is 100% correct about that!]
New Spirit: It is the same but you quoted a couple of different paragraphs, so thanks for dropping in with it. : - )
New Spirit's Link - Click friendly
Tommy's Mom: No problem, I don't mind a bit. If you are interested, though, I could start a thread in Dave's open forum and show you how. (And if that is alright with Dave.)
[Yes, nan11, by all means, open a thread on Chat, Open Forum, or the new page, Let's Talk About It, located under Navigation, where you login. It's a new page and only found there, not under the banner.]
Ahh, here is the whole thing to read!
State’s Memorandum In Support Of Second Motion For Gag Order
Nan said: Do they think we can’t read the discovery and understand what it is we read? Do they never tire of panhandling for money?
LOL, for a minute I thought you were talking about George and Shellie but then I realized you were not speaking of them. I guess you already know that is a lost cause. Why work when people will support you.
Hi New Puppy it is so good to see you.
It would serve Mr O'Mara well if the Judge issued a gag order but I do not see that happening. Today I took the time to read about the Sunshine Law and it does not seem like the Judge has to many options.
Michelle: Yep, today I was focused on the unbelievably biased reporting!! Who knows where I will land tomorrow? : - )
You may very well be right about the gag order. The good thing, though, is all the things that Mr. de la Rionda used to enlighten Judge Nelson with in his memorandum.
She said in the last hearing that she never watched TV or read the news, so she knew nothing about the case.
Now she will. imo
Thank you, nan11. I seldom post any links and never could get the hang of getting them clickable. I cannot figure out the codes at the bottom of this comment box.
The State did a good job of pointing out the comments. I am glad they put in the part about God's plan and Trayvon skipping away. Give me a break, teen boys do not skip! They may have 50 years ago but not today. It is also funny they do not want the family and friends to shut up, of cours not they are giving the State a gold mind. jmo
You do a good job of looking and finding. I am off to watch some links so if you reply I may be a little busy. I think there is at least 8 I have yet to see/read.
Dave last week you replied to me (I think it was last week). I do not know the guy you mentioned. Since your reply confused me I did not know what to say back. Brandon- is the name you mentioned, I think.
[I dunno, Michelle. I forget... I don't remember any Brandon.]
Michelle: Okay. I went back and re-read that comment. You are very tactful, and I appreciate it.
I should have said: (3rd line, 5th paragraph) Does their 'conscience'... (not conscious).
LOL, sorry. I was kind of on a roll there, wasn't I? : - )
Nan, just copy/paste the link I've made below.
Then enclose the entire thing between 2 brackets < > with no spaces anywhere except those in the url and the title you've given it
ahref="your url here">The title you're giving it here</a
New Spirit: Yes, I see what you mean. The 'code' that I use is not really listed down there. If Dave approves the thread on the 'Open' forum, I hope you drop in too. : - >
[By all means, nan11, open a new thread! That's what it's there for. No need to seek my approval. Those are open to the public for whatever they want. Thanks for the nod, though.]
Conniefl: Yep, that is it. The only difference is I bold it.
Sorry, I wasn't trying to be secretive. I just didn't want to take the main thread way off-topic.
: - )
LLMPapa has read the memo. He is a blessing to this case. Thank you so much, Mr. LLMPapa!! ┌( ಠ‿ಠ)┘
YouTube VIDEO | Published on Oct 25, 2012 by LLMPapa | Oh My, Counselor!
J4T
[Good ol' LLMPapa. You can count on him.]
Thank you, Conniefl. Here we go
Suburban Drive-4 years later
Nan I really like LLMPapa's videos. He really is not bashful about calling Mr O'Mara out on his "questionable" statements. LOL. Mr O'Mara should be able to defend his client without all of the social media. Makes me wonder what he did before the internet. If anything Mr Zimmerman's team appear to be the one making this a race issue. I do not believe people thought Mr Zimmerman racially profiled Trayvon in the beginning. It appeared to many that the Police Department were the racist. That is why the uproar and why people asked for a Special Prosecutor, well that is how I took the media storm. jmo
Michelle: Yes, that is how I took the ‘media storm’, too. And, indeed, that is how it was. imnsho
Surely O’Mara realizes he cannot put the State on trial, so the only thing I can think of is that he is trying to have the charges reduced to manslaughter.
All that talk of ill-will and hatred that he brought up in court last Friday--as he introduced his surprise motion--go directly to the 2nd degree murder charge.
I think he realizes he hasn’t got much of a chance at getting Zimmy off at an immunity hearing.
It will be interesting to see how all this turns out. : - >
J4T
www.dothprotesttoomuch.com
Cinderfellow Goes to Court, pretty good.