The Prince and the Pea: Subjective or Objective Fear in the Petitioner?
Saturday, August 25, 2012 at 9:56PM 
In his ORDER SETTING BAIL on July 5, 2012, Judge Kenneth Lester made several stipulations clear about what attorney Mark O’Mara’s client, George Zimmerman, could and could not do. For instance, he would be able to travel anywhere he wants as long as it’s within the boundaries of Seminole County. If he finds it necessary to leave the county, all he has to do is pass it by the court for authorization. It’s a rather plain and simple directive and something a five-year-old should be able to comprehend.
However…
In his MOTION TO MODIFY CONDITIONS OF RELEASE dated August 22, 2012, Mr. Zimmerman, through his attorneys, cited two issues pertaining to matters addressed in the judge’s above order. Call them problematic. The Court, for instance, must realize by now, due to the great amount of national and international publicity, not to mention notoriety and animosity, that Zimmerman “and his entire extended family have had to live in hiding, fearing for their own safety.” Therefore, he should be able to move out of the county, too.
I disagree with Mr. O’Mara’s choice of words. He exaggerates. How? In many ways, but for now, here’s a ‘for instance.’ It’s one thing to complain about the woes that have befallen his client, but his client and only his client was responsible for the big mess he’s in — not his family. Daddy did not hold his hand the night he pulled the trigger. Therefore, why bother bringing up any issue over his family’s fears for their own safety? It’s not that I don’t care, it’s just that there is nothing stopping them from moving out of the area any time they please. There are no restrictions on them whatsoever, and to suggest in that motion, albeit indirectly, that the Court was somehow responsible for this problem is, well, not showing a clear sense of responsibility. There is no way the Court can magically order the public to leave the Zimmerman family alone.
This is George’s unfavorably conducive style; his M.O. These are his edicts, sua sponte, not necessarily those of his attorneys. While his motions are filled with innuendos that tend to absorb what little substance they hold, it’s when he opens his mouth that we see him for what he is.
Full of Zimmermanure.
He not only speaks with a forked tongue, he also twists his tongue when he speaks. A good example of this came during his Hannity interview on FOX News. When asked if he would have done anything any differently, given ample opportunity to think about it now, he said he really hadn’t had the time to think about it, but after thinking about it, he wouldn’t have changed a thing. He regretted nothing and it was God’s plan. He had nothing to feel sorry about. Did that make sense? Wait. It gets worse.
Later in the broadcast, he turned and faced the camera, and in his best “My fellow Americans…” presidential-style address, he apologized to the nation, his wife, and everyone involved in the case, including Trayvon Martin’s parents. In my opinion, it was, at best, sickeningly insincere. Incidentally, a truly biased judge would have called him on the carpet for addressing Trayvon’s parents because, in his order, Judge Lester wrote:
“The Defendant shall not have any contact with the victim’s family, directly or indirectly, except as necessary to conduct pretrial discovery through his attorneys[.]”
Redundancy
My complaint, while being about the Petitioner, also includes his attorney and how he’s handling the case; his motions, in particular. In this very same Motion To Modify Conditions Of Release, O’Mara wrote:
“One of the conditions of release is that Mr. Zimmerman is not to leave Seminole County without prior authorization by this court.”
Right, Mr. Knechel, you already said that. Well, yes I did, but so did the judge and Defense, and just to clarify, this is a two-part motion. The second part addressed traveling outside the county, not moving out. The judge’s order covered it and the defendant acknowledged it, so what was the point of this final statement in Zimmerman’s latest motion?
“The restriction of Mr. Zimmerman not to leave Seminole County has had a deleterious effect on his ability to assist in the preparation of his own defense. Communications have been unnecessarily limited to telephone and occasional visits by counsel. Mr. Zimmerman must be able to travel to meet with his lawyers, and to attend to various other necessary matters to prepare this matter to move forward.”
Hmm… deleterious… injurious to health; pernicious, hurtful, destructive and noxious according to dictionary.com. My, what $5.00 words he uses that won’t impress any sitting judge let alone little old me. While I realize the motion also asked that Zimmerman be allowed to move outside of Seminole County, a request the Court denied, the rest of it is redundant. Here, verbatim, is what the judge wrote in his July 5 order:
“The Defendant shall not leave Seminole County without prior authorization by this Court[.]”
How much clearer can one get? All the defense had to do was ask. Why was it necessary to dedicate the brunt of this motion on something that was already covered a month-and-a-half earlier? And if O’Mara were really fearful of Zimmerman’s safety while residing somewhere in the entire county of Seminole, how much safer should he feel while his client is sitting in his office in downtown Orlando? Talk about deleterious! I’m serious.
Here’s the way I see George Zimmerman. When he doesn’t get what he wants, he whines and cries. He feels boxed in and claustrophobic. He gets restless and can’t sleep at night. His mattress turns lumpy. You see, George is starting to remind me of The Princess and the Pea with one major difference. He cannot get a comfortable night’s sleep until all his demands are met. The pea, in this case, is Kenneth R. Lester, Jr. who must be removed and replaced by a fairy tale friendly judge so Prince George, his friends, his family and his fellow American loyalists will be allowed to live happily ever after.
Fearing Fear Itself
In Nit-Picking Nit-Writ, I addressed the PETITION FOR WRIT OF PROHIBITION filed by the Zimmerman defense. I pointed out how O’Mara had offered evidence about the shooting on the night of February 26 and why it was not only unnecessary, it was useless. A writ of prohibition, in this case, only pertains to why the trial judge should be recused. It’s not for anything else. What O’Mara did was inflate a very weak document with superfluous fluff, like adding TVP to a package of fatty, grisly hamburger meat, and I don’t feel the appeal court is going to buy any of it.
I do believe that Assistant Attorney General Pamela Koller offered up a much meatier argument against the Defense appeal. I will elaborate on that a bit and address the finer points of the State’s RESPONSE TO PETITION FOR WRIT OF PROHIBITION. In particular, I want to look into the two types of fear that the district court will examine — objective and subjective.
In 2005, I wrote a post about how slants change your views of the news. Titled, An unbiased look at news slants, I last updated it in February of 2010. I think it should give you a foundation on objectivity and subjectivity.
Objective information strives to remain unbiased. Dictionaries and other materials of reference, such as encyclopedias, generally provide factual information. Traffic lights are red, green and yellow. Yellow means caution, green means to go and red means to stop.
Subjective information is formed by personal opinion. Editorial sections in newspapers are subjective. While editorials and letters to the editor can be based on fact, opinions are usually based on personal interpretations of facts. Humans are responsible for global warming. Global warming is caused by natural earth cycles, such as the Ice Age. In these cases, separate and valid viewpoints can be substantiated by citing legitimate sources.
We know that George and Shellie Zimmerman lied to the Court about access to money and a second passport they claimed they didn’t have. The judge acknowledged that in his order revoking bond and Team Zimmerman then proceeded to call it biased, including the judge’s reprimand. (It’s interesting to note that the defendant still managed to post bail despite the Court setting it much higher than what was originally granted.) The fact that bail was granted at all after the second request could be considered a testament to the judge’s fairness.
The Judge’s Order Setting Bail infuriated the Defendant and his counsel. How dare the Court look at his lies at all, let alone “judge” his actions and lack of respect for the court. To do so was nothing short of biased, they claimed, so they filed their writ of prohibition with the higher court. The bottom line now is how the Fifth District Court of Appeal will look at this motion — as an objective or subjective complaint — and rule accordingly, based on objectivity. Does Zimmerman have a leg to stand on? Is his distress based on a paranoid fear of persecution in general (subjective) or has this judge exhibited (objective) behavior in the past that truly legitimizes his concerns?
Let’s look at this objectively. In its response to the writ, the State wrote:
Petitioner complains about rulings in the past in his background section, but it is well established that “[t]he fact that the judge has made adverse rulings in the past against the defendant, or that the judge has previously heard the evidence, or ‘allegations that the trial judge had formed a fixed opinion of the defendant’s guilt, even where it is alleged that the judge discussed his opinion with others,’ are generally considered legally insufficient reasons to warrant the judge’s disqualification.” Rivera, 717 So. 2d at 481 (quoting Jackson v. State, 599 So. 2d at 107; see also Areizaga v. Spicer, 841 So. 2d 494, 496 (Fla. 2d DCA 2003) (It is well established that a trial court’s prior adverse rulings are not legally sufficient grounds upon which to base a motion to disqualify).
In other words, this is not merely a complaint about Lester’s language in the bail order, it’s also about his prior rulings in Zimmerman’s pretrial motions. This is something that should be taken up post-conviction, if necessary, not now, and it epitomizes my description of superfluous fluff; not worth the paper it’s printed on. What the defense wants to do is set a silly precedent; that every single defense motion denial is biased. This would then have to include every case that has ever come before a court. Overturn every verdict because motions were denied! All in the name of George! Clearly, this is subjective thinking. “I think,” O’Mara could opine, “every motion that was turned down was done so by judicial bias.”
Of course, it’s every defense attorney’s dream, but most are smart enough to know it’s nothing more than a whimsical flight of fancy. Cheney Mason tried the same thing during the Anthony case and got nowhere.
The State cited Rolle ex rel. Dabrio v. Birken, 984 So. 2d 534, 536 (Fla. 3d DCA 2008):
Likewise, we recently pointed out that a “mere ‘subjective fear’ of bias will not be legally sufficient, rather, the fear must be objectively reasonable.” Arbelaez v. State, 898 So. 2d 25, 41 (Fla. 2005) (quoting Fischer v. Knuck, 497 So. 2d 240, 242 (Fla. 1986)). We do not find Mansfield’s allegations of fear to be objectively reasonable. See also Asay v. State, 769 So. 2d 974 (Fla. 2000). Our cases support the trial court’s denial of the motion to disqualify, and we affirm the trial judge’s order.
Notwithstanding, Lester had every right to keep Zimmerman behind bars because the State went on to say that:
The judge again set a bond for Petitioner, and Petitioner is currently out on bond. Thus, the grounds listed by Petitioner in his motion are facially insufficient.
… and that the Petitioner is manipulating the system. From Cf. Brown, 561 So. 2d at 257 n. 7:
(“We hasten to add that our holding should not be construed to mean that a judge is subject to disqualification…simply because of making an earlier ruling in the course of a proceeding which had the effect of rejecting the testimony of the moving party. At the very least…there must be a clear implication that the judge will not believe the complaining party’s testimony in the future.”).
While the assistant attorney general cited many examples of why this particular writ of prohibition is without merit, it is, by its very nature, nearly as subjective as the writ itself. Both sides came to their respective conclusions based on their own interpretations of case law. As the appellate court looks at this issue with complete objectivity, it should see that Judge Lester has not been prejudiced against George Zimmerman — and most assuredly, not personally. In my opinion, based on what the Defense and State both submitted, the original motion to disqualify the trial judge in this case was legally insufficient. Judge Lester made the right choice, and so will the appellate judges, C. Alan Lawson, Jay P. Cohen and Kerry I. Evander.
Poor Prince George is not just afraid of a li’l old pea, he’s also afraid of his shadow. Oh, and don’t even get me started on (d)(1) and (d)(2). That’s a whole “nother” bedtime story.
Cross posted at the Daily Kos
Dave Knechel | tagged C. Alan Lawson, Jay P. Cohen, Kerry I. Evander, The Princess and the Pea | in Angela Corey, Bernie De la Rionda, Cheney Mason, Dave Knechel, David B. Knechel, David Knechel, Donald West, FOX News, Fifth District Court of Appeal, Florida, Florida Attorney General, Florida Fifth District Court of Appeal, George Zimmerman, Judge Jessica Recksiedler, Judge Kenneth R. Lester, Jr., Marinade Dave, Marinade Dave Knechel, Mark NeJame, Mark O'Mara, Pam Bondi, Pamela Koller, Sanford, Sean Hannity, Seminole County, Shellie Zimmerman, Slimm v. Zimm, State Attorney Angela Corey, State Attorney's Office, Sybrina Fulton, Tracy Martin, Trayvon Martin, Writ of Prohibition, Zimm v. Slimm, marinadedave | Share Article | 1 Reference 
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Reader Comments (81)
I'm looking into this situation. Snoopy, you were right about this, but at least it wasn't unanimous. In the meantime, Newbie, I'm not sure exactly what will happen with regard to Nelson/S. Zimmerman. Until Chief Judge Alan Dickey makes a decision, it's up in the air. What I can write about, if no decision is made tonight, is about the dynamics behind the scenes during the Casey Anthony case when a similar situation took place.
Dave~sorry I posted the wrong one... try this one... we can leave my other link up and use it to refresh our memory. lol
DECISION GRANTING PETITION FOR WRIT 3 page in pdf
Dave~~I am not gloating about being right. Maybe I look at this case sans emotion and in that way I see the facts as they are and not what I wish they were. Judge Lester was not being impartial and O'Mara was well within his rights as a very astute attorney to call him on it. One thing that really stood out to me was when Judge Lester said the state had a strong case. I believe a jury should decide that not the sitting judge. One other thing, I felt the judge was acting in the capacity as counsel for the state re letting the state know that they could file contempt charges against Shellie Zimmerman as well as George. The state should have figured that out all by themselves, don't you think?
Dave~~Off topic~
This was just posted on my blog by Margaret....
Jeff Ashton is bringing in Linda Drane Burdick as his right arm person.. Good team.
Dave~~Off Topic again but it's all news when things get slow....
Police shoot video of Frank Taaffe, George Zimmerman's friend, during DUI stop
Frances Robles from Miami Herald tweeted: The chief judge will appoint a new judge.
Jeff Weiner of Orlando Sentinel tweeted: The chief judge of the circuit, Alan Dickey, will choose. Could pick himself, or another felony judge.
So this is it? George can't go back to Lester if he doesn't like this new judge? OR, can they appeal this judge also, how many more are left to choose from, if any?
I've said it before, I'll say it again. Be careful what you wish for. Where is that list of attorney's opinion on seated judges that you posted last year for CA? Is Nelson defense friendly or prosecution friendly. I'm also wondering if there wouldn't be a conflict on Judge Nelson taking on both Zimmerman and his wife???? Doesn't sound kosher to me.
This will be it. No more judges. Zimmerman has shot his wad. I have the list and grades of judges and I will say that Lester is ranked the highest across the board. I mean, in EVERY category among Criminal defense attorneys and prosecutors.
I should have a new post up tomorrow, hopefully in the morning.
Judge Debra Nelson would not be handling both Shellie and George's cases. This would create a conflict of interest. I always stand to be corrected.
I'm so tired of this crybaby getting his way. Next they'll be rolling out the red carpet, when goes to court.
The New Civil Rights Movement | by Max S. Gordon on August 28, 2012 | An American Mourning: A Remembrance of Emmett Till, Rodney King And Trayvon Martin
Dave said:
" Zimmerman has shot his wad"
Ew.
Dave~~here I go about to put my foot in my mouth again. I got vaccinated for 'hoof and mouth' but will probably catch it anyway. I may take a bit of a break after this comment.
When Mark O'Mara wrote the Petition for Writ of Prohibition it ended up being 28 pages including the signatures etc.
Standing alone, many of the reasons why Z wanted Judge Lester recused would not qualify for a judge to have to step down. This is where O'Mara showed his expertise, he amassed enough small faux pas made by the judge to get the appeals court to sit up and take notice.
Mark has been taking quite a bit of flack from both the pro and con Zimmerman camps. When I read the response from the Office of Florida's Attorney General to the appeals court, I changed my mind in mid stream and thought that Judge Lester would stay put. In my heart of hearts, I wanted O'Mara's writ to be granted by the appeals court. I would rather see Zimmerman be tried by a judge who is fair with no questions nagging in anyone's mind when motions are denied or when the decision is made when the self-defense immunity mini trial takes place. This is why we have the appellate courts so a fair trial can take place.
Mark did not murder Trayvon Martin. Most of the evidence points towards Zimmerman's guilt. We wont see this trial go forward for a couple of years. It will take them that long to find an impartial jury of 6 plus whatever number of alternates they need. With Mark at the helm, regardless of who the sitting judge is, I would not be too quick in predicting that Z will not win self-defense immunity.
The above is based on logic not sentiment.... bye for now.
Would this be called good lawyering by the defense Mark OMara? Or a big mistake? I guess they thought ther was too much famaliariety with the case and his client by the judge Lester on the case.And maybe George thinks he can start with a new one and get himself back into a controlling position. He and his wife lied to the judge but they didn't lie to the judge cominmg up. Not yet! I think George's father has had something to do with the pushing George to get Judge Lester out. Maybe not, could be O'Mara hismslf. Could be a lot in the thinking of O'Mara and George that we haven't heard. Just imo.
Somewhat off subjecr. I don't remember seeing this. For some reason it made me feel better. Of course the Court can't rule on the basis of what Jeb Bush intended when signing the Stand Your Ground law.
http://articles.orlandosentinel.com/2012-03-24/news/os-trayvon-martin-jeb-bush-stand-your-ground-20120324_1_jeb-bush-ground-neighborhood-watch-volunteert
Newbie~~I copied the following from the link you posted.
But the man who signed "stand your ground" into law says officials have it wrong. Speaking Friday in Texas, former Florida Gov. Jeb Bush said "stand your ground" doesn't apply to this case."Stand your ground means stand your ground. It doesn't mean chase after somebody who's turned their back," Bush told The Dallas Morning News.
IMO, that is the reason O'Mara changed his strategy. He wants to take the focus off Zimmerman being the aggressor. The evidence points to Z being the aggressor and it is very unlikely he would win a SYG. Mark is now going for self-defense immunity and wants to prove that Z was on the bottom of the altercation and used deadly force because he feared death or great bodily harm and could not RETREAT. I am not sure the latter will work but it is Z's only hope of getting immunity and have the case thrown out. O'Mara is using every bit of ammo in his arsenal.
The Miami Herald | Appeal court removes judge in Zimmerman case
Quote: Judge Jennifer Recksiedler agreed to recuse herself.
The next judge in the rotation, Judge John D. Galluzzo, told the court that he had his own conflict of interest: a personal and business relationship with the defense attorney.
Lester came up next.
He lasted just three months before O’Mara asked him to step down, too."
___________________________________
Natalie Jackson
Quote: "Judge Lester did a great job BUT as long as they are FAIR, UNBIAS, & NOT RETIRED, I don't care who the judge is."
********
If you read through Ms. Jackson's 'tweets', you will come across a very nasty threat aimed at Sybrina Fulton. Very, very nasty.
Yet, they are not running and hiding like O'Mara's little Georgie boy.
State's 7th Supplemental Discovery
Quote:
{Snipped}
B. Drawings by W1, W3, W6 and W18 (copies attached).
{Snipped)
K. Copies of the following attached:
♦Defendant's school records (Manassas, VA).
♦Victim's cell phone records (CD).
♦FDLE photos (217) total station (CD).
♦Consent form to search telephone - W13.
♦SCSO Event Reports (8) & Event Details (8) for 2/26/12, Defendants non-emergency call & seven 911 calls (CD recordings previously provided).
♦Photos (8) taken by Investigator Wright.
*Please note. Copies attached are provided to Defense Counsel but are not attached to the Discovery Exhibit filed with the Clerk.
_______________________
Dave~~
Today Circuit Judge Debra S. Nelson, a 13-year veteran of the bench in Sanford, was officially assigned the George Zimmerman second-degree murder case.
The 58-year-old Nelson has a reputation as a hard-working, ambitious judge who hands down tough sentences.
Not long ago she sentenced a robbery suspect to 27 years in prison after he'd rejected a 20-year plea deal offered by a prosecutor.
Source...Read more here...
George Zimmerman's new judge: Debra S. Nelson
Looks like George Zimmerman should of thought seriously about getting Lester off his case. Out of the fying pan to the fire, I'd say.
Eyeball - One of your comments was stuck in moderation since August 27 and I just noticed it now. (9:30pm) I just let it out. I am very sorry about that, but I needed to let you know that it was not anything you did wrong. Sometimes, that happens, and I don't always see them until much later.
Does not matter, just words which I should think better of puting them out to be seen anyway. I think I have come to a blog that is too advanced in study and presentating for my idocy but there is not any other different because everybody is so well enformed everywhere eles to.
[Pshaw! Ain't no such thing as an "advanced" blog. We are all equals here; peers, just don't pee out in the open. By the way, for your information, we learn from each other. So it is written, so it shall be done.]
What did you just say? I dont ever seem to learn what I should to benefit me better. To sponttaneous thinkin. I understand somebody and find out i don't. it happens when I try to be to friendly or nice. You know the responce is who wants it and who needs it. To "advanced" to say to get lost but it is quicker that way. It's called politeness which is advanced thinkin.
[Friendly and nice comes naturally to you, Eyeball, so you must strive to act naturally. Remember, to us, the moon is something to behold. From the moon, the earth is something to behold. It means that beauty is truly in the eyes of the beholder. If Jupiter holds no life, is it really as magnificent as the planet we live on? Everything is relative. Could the man who invented the steam engine be capable of inventing the light bulb? Everyone has their purpose and none is more important than the other.]
Again, what did you just say? See what I mean, too advanced for me! all that fancy talk. I got nutting to say because I only know to talk better to the allie cats that walk the fenses in the darkness of nite lookng for another allie cat to rub their fur or stir the fir whatever works.
[I think we need less red meat and more vegetables in our diet to keep our minds lucid. Wasn't it John Linen who sang Give Peas A Chance?]
It is supposed to be Give "PEACE" A Chance! Haveyou been in the risin son today, or somethin?
Without a hat?
[Come to think of it, I may have been picking fruit in Strawberry Fields today and forgot to wear my hat. Perhaps that's it. Hmm.]
Yeah, sumphing wrong with you, up to no good!
[You'd better hope I don't reach for something in my pocket.]
OK, I give up! Told yu yu are to advanced for me but you know John was on a berry trip writing the song.
[I think I'm grape nuts.]
"Hey Dude" be careful, I'm a cereal killed!
(killer)
I think I am a fruit loop.
[Well, then... Cheerio!]
I git the message, Peas tu you twu,............ Goodbye!