A Full Nelson?
Thursday, August 30, 2012 at 2:16PM On November 6 of this year, Americans who are registered to vote will have the opportunity to elect the next president of the United States. This may or may not include hundreds of thousands of illegal aliens and half the roster of dead people in the city of Chicago, but that has nothing to do with the context of this post.
If President Barack Obama prevails, he will have another four years in the White House. If Mitt Romney wins, he will be sworn in as the 45th president on January 20, 2013 — Inauguration Day. How this election fits in with the topic du jour is quite simple. There will be a smooth transition between the outgoing and incoming members of the executive branch. It’s the same as it’s almost always been since the inception of this great country. Every four or eight years, we witness this peaceful transference of power, and the country never skips a beat.
It’s the same with the George Zimmerman case. In a 2-1 vote, the Fifth District Court of Appeal rendered its decision regarding Judge Kenneth R. Lester, Jr.
PER CURIAM.
George Zimmerman petitions for issuance of a writ of prohibition. This is the proper mechanism for challenging the denial of a motion to disqualify a trial judge. See, e.g., Lusskin v. State, 717 So. 2d 1076, 1077 (Fla. 4th DCA 1998). Reviewing the matter de novo, see R.M.C. v. D.C., 77 So. 3d 234, 236 (Fla. 1st DCA 2012), we grant the petition…[.] Accordingly, we direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge.
PETITION GRANTED.
While some may gloat over the decision to remove Lester from this case, I most certainly do not. I feel that the judge scolded Zimmerman and nothing more. I am convinced that he would have soldiered on, putting that reprimand behind him. He would heve continued to rule judiciously and fairly, but that’s old news now; what’s done is done. There’s no point in arguing over the how and why of it. While we had our discussions and disagreements over the motion to recuse and subsequent writ of prohibition, today, it is nothing more than water under the bridge, and it’s time to move on.
I am convinced that, just like our election process, there will be a very smooth transition from Judge Lester to the person Chief Judge Alan A. Dickey names as his successor. Who will it be…?
First of all, let me explain what I know about the inner workings of a courthouse, having some experience in it.
At the very beginning of the Casey Anthony case, Ninth Circuit court Chief Judge Belvin Perry, Jr. asked several judges if they’d be willing to take the case. One by one, they said their dockets were too full. Keep in mind that these were judges working the criminal division, not civil. Judges routinely rotate between criminal and civil every two years or so. No one wanted the case. Perry then turned to someone else. He made a wise choice when he asked Judge Stan Strickland to take the case. You are one of my best judges and, most certainly, extremely qualified to handle it. Strickland agreed, despite having recently moved from criminal to civil. It’s important to note that Strickland continued to hear civil cases, too. Judges, like criminal defense attorneys and prosecutors, are not narrow-minded or restricted. Like servers in a restaurant, they can wait on more than one customer at a time. Trust me, to Judge Lester, the Zimmerman case was just a job and nothing more. What happened to him is part of the process.
When the first judge in the Casey Anthony case was asked to step down, he did so without argument. Why he did it is of no relevance in the Zimmerman case. What matters now is, where do we go from here? When Judge Strickland removed himself from the bench, what happened next was somewhat revealing and it will be similar, if not identical, to the type situation that Judge Dickey is faced with today.
[Since this writing, Judge Debra Nelson has been named to replace Judge Lester.]
During the Anthony mess, media pundits were reporting that, generally, chief judges take on highly problematic cases. Judge Belvin Perry certainly did end up doing just that, but in the interim, it was far from as simplistic as the news actually reported. Behind the scenes, Perry was asking his Orange County circuit court judges to take over the case. I will never reveal how I know that, but it came from more than two sources — all at the top. One-by-one, they turned him down. Do you see the caseload I’m sitting on? I’ve got over 3,000 cases on my docket right now, was the common mantra. Ultimately, Perry was left with no choice. It was, after all, a most problematic case and, reluctantly, he decided to take the helm. The rest, they say, is history.
§
In one of his recorded phone calls from jail, Zimmerman discussed what judge he wanted with his wife, Shellie. This was just as Mark O’Mara signed on to defend him, so it was an early conversation. Zimmerman hoped to get retired judge O.H. Eaton. Eaton has a sterling reputation as a fair judge, levelheaded and extremely knowledgeable in law. What Zimmerman knew about him then is a mystery, but even I was aware of it.
He ain’t gonna end up with Judge Eaton. And I’ll tell you why I think that. Eaton is a retired judge. That’s not to say he’s too old. It has nothing to do with that. Retired judges are not salaried. Retired judges are freelancers. They make a lot more $ per hour than sitting judges. This trial is at least a year away. Would the taxpayers of the 18th District, particularly voters in Seminole County, agree to that kind of arrangement? Granted, you couldn’t end up with a better judge, but would he be willing to take on the task if asked? He doesn’t need it. He’s the kind of retired judge who listens to cases to take the burden off other judges, but they are not major cases like this one. If Dickey runs out of judges in Seminole County, better yet that he would discuss this matter with some of his active judges in Brevard County before handing it over to someone outside of his circuit. Technically, Eaton is no longer active.
One of the names being bandied about is Seminole Circuit Judge Debra S. Nelson. She is every bit as qualified as Judge Lester to sit in judgement of Zimmerman. As a matter of fact, she is most deserving because she is also a no-nonsense judge who was appointed to the 18th Judicial Circuit in 1999 by then-governor Jeb Bush.
In 2007, Judge Nelson presided over a rape case. The accused male, then 41, was eventually convicted of dragging a 10-year-old girl into the woods, choking and raping her. It might be interesting to note that the perpetrator, Antonio Rosales, was in the United States illegally. Also, during the trial, he confessed to murdering a woman in Tucson, Arizona.
While his trial was under way, he went berserk in the courtroom:
His defense attorney, Tim Caudill, moved for a mistrial. He claimed that the outburst tainted the jury. Judge Nelson rejected that, and upon sentencing, she did something unusual. Let me preface this first. Because of the girl’s age, in rape convictions, the charge carries a mandatory life sentence. Judge Nelson decided to take it two steps further. She added two additional life sentences, but she never gave a reason why. To this day, the sentence stands. (See also: Orlando-area jury convicts illegal immigrant of 2003 child rape)
What’s most interesting to me is that Judge Nelson has a reputation for setting harsh sentences. In George Zimmerman’s case, he’s facing a mandatory 25-years to life in prison. That’s because of the 10-20-life law enacted by Governor Jeb Bush in 1998. It’s sometimes referred to as “Use a gun and you’re done” law. According to Florida’s 10-20-life statute, anyone who pulls a gun during a crime receives:
- Felon in possession of a gun - mandatory minimum 3 year prison sentence
- Brandishing a gun in the commission of a crime - mandatory minimum 10 year sentence
- Discharging a gun in the commission of a crime - mandatory minimum 20 year sentence
- Injuring or killing another person in the commission of a crime, by discharging a firearm - 25 years to life in state prison
Just ask Marissa Alexander, a young Jacksonville mother who was convicted of three counts of aggravated assault and sentenced to 20-years for firing a warning shot into a wall during an argument with her husband. She lost her Stand Your Ground motion and she had, what appears on the surface, to be more of an excuse for pulling the trigger than Zimmerman will ever be able to conjure up. Incidentally, the prosecutor during that case was none other than Angela Corey. She said that Alexander was angry and reckless the night of the shooting, not fearful of her life. She will bring the same argument into court when Zimmerman files his immunity motion. Was he more angry or afraid? If in fear, was is objective or subjective?
Judge Lester ruled judiciously and so will his successor. Whoever Zimmerman ends up with, that’s it. There will be no more musical benches, and who he gets will not be singing anything in his ears. He may be laughing today, but his silly games are now over.
Just for your information, In 2012, Judge Lester was deemed the best judge in Seminole County (in all categories) by his peers of criminal defense attorneys and prosecutors. So was another judge in Orange County back in the day. Oh well. If Judge Dickey decides to take the case, it’s not going to be any easier than Nelson or anyone else. Judges are not amused by the antics of George Zimmerman. Of course, that’s my opinion, but I am allowed to be judgmental… or let me say, I am allowed to say so. So will the next judge. Zimmerman is plum out of dismissal motions.
Click to enlarge image
This article was written prior to the court’s decision regarding Judge Debra Nelson.
Dave Knechel | in 10-20-Life, 18th Circuit Court, Angela Corey, Bernie De la Rionda, Casey Anthony, Chief Judge Alan A. Dickey, Chief Judge Belvin Perry, Dave Knechel, David B. Knechel, David Knechel, Donald West, Eighteenth Circuit Court, Florida Fifth District Court of Appeal, George Zimmerman, Judge Debra S. Nelson, Judge Kenneth R. Lester, Jr., Judge Stan Strickland, Marinade Dave, Marinade Dave Knechel, Mark O'Mara, Orlando Sentinel, Seminole County, Seminole County Courthouse, Slimm v. Zimm, Stand Your Ground, Trayvon Martin, Zimm v. Slimm, marinadedave | Share Article | 1 Reference 
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Reader Comments (82)
I agree about Judge Lester. Mr O'Mara is doing his job, BUT what it wrong with a Judge calling it like he sees it. especially when your family lies to him and you try to hide a passport? It will be interesting to see if Mr. Zimmerman can act like a law abiding citizen while in the courtroom of Judge Nelson. If she is the Judge for Mr. Zimmerman's wife can she Judge both? I do not see how it would be a conflict. I mean they both tried to fool one Judge so why can't one Judge judge them?
You know a lot about how this works so feel free to set me straight if I am wrong or anyone else if they know the answer. Oh and by the way you are a lot easier to understand than my Law Books. Apparently Paralegals have to know some stuff about the laws. LOL kidding of course (about paralegals not the books kind of boring).
[I don't think there was anything wrong with telling it like it was, Michelle, but the appellate court disagreed. 2 out of 3 judges, anyway. Ironically, Z didn't go from the fire to the frying pan, he is STILL in the fire, and I feel it's about to get hotter. But who knows, We've all seen some strange things happen in courtrooms over the past 4+ years.
I don't think there's enough of a conflict between the two cases for Nelson to remove herself from Shellie's case, but I think she will, just to be on the safe side; just to be prudent. Leave no stone unturned. Besides, that one could be easily shifted to another judge anyway. I'm more intrigued by how credible she will be as a defense witness since she lied on the stand, plus what she'll look like if she's convicted by then. How much of a help will she turn out to be for her husband?
If there is a legal conflict of interest, I will try to find a statute, but it may take awhile. The bottom line is that I think she'll remove herself anyway. No need to push it.]
Thanks for the new post, Dave.
I'm most certainly not gloating over Judge Lester's removal. However, I'm not terribly unhappy with the new judge, either.
It could have been worse!
JUDICIAL BIOGRAPHY | SEMINOLE CIRCUIT JUDGE DEBRA S. NELSON
[My pleasure, nan11. I'm not happy, either, but O'Mara had to see Debra Nelson coming toward him in his windshield. She's no slouch, and if Zimmerman flouted the system, I hope the entire bench in Seminole County is gloating. Team Z did themselves no favor. Laugh today, Z, because it will be very short-lived.
Yes, it could have been worse, but instead, it's like a "push." No side won, but that means a loss for Z. He didn't improve anything.]
Judge Nelson was the judge on the case of the homeless man that Georgie supposedly ''campaigned" for.
Big hearted, our Georgie boy. He only likes to shoot innocent teenagers on their way home from the store with candy.
Orlando Sentinel | October 3, 2011 | Sanford cop's son gets probation for punching homeless man
Quote: The two sides left that to Circuit Judge Debra Nelson, who came up with her own solution: She sentenced him to 30 days in jail then suspended that, saying he'd only be locked up if he fails to follow through on the conditions of probation.
[I don't know if she'll remember what Z did for that homeless man, but even if she does, it won't have any bearing on this case. I don't think she'll grant him immunity, either. One of the interesting things now is that Z can do no more judge shopping. If Nelson spits in his eye, there's not a darn thing he can do about it. And she's going to let stand all of Lester's orders. O'Mara's in for a bumpy ride. I propose indigency will be next, in order to continue filing frivolous motions based on Lester's rulings. Sadly, he'll probably get it, but not until after we see this little rat like an open book.]
I am glad that gz will face justice at the hands of a female judge.What a gz suporter said acout the new apointment...Zimmerman is toast. Nelson is a political hack who is constantly trying to get a seat on a higher court. She is a prosecuter's dream. GZ better hope for a miracle or a ticket to a country that does not extradite. He is going to prison for sure.
[That's funny, ecossie, that the zimmerzoids are nervous wrecks today. They must really be happy with MO'M. Good for them. Hideous wake-up time.]
Even though Judge Nelson is named as Judge in the appropriate slot, I still wonder about this.
Seminole County Clerk of Courts | Detailed Information for Case 592012CF001792A | Shellie Zimmerman
Quote:
"07/31/2012 MNF MINUTES FOR ARRAIGNMENT BEFORE JUDGE O. H. EATON JR."
Ecossie Possie: Quite a comment from the Zimmerman supporter--let's not count our chickens before they are hatched, though.
I am, however, somewhat surprised that they are that concerned about Judge Nelson's appointment.
[I don't think that means much. I think he was just filling in on a formality by taking up some slack. Eaton is a great guy and enjoys helping out here and there. He's a super nice fellow. Of course, he still gets paid for his services, so it's still about money to an extent.]
In my opinion, no matter whomever is judge, GZ will be unhappy if things don't go HIS way...
[He will continue to whine, Estee, that's certain! He's got nowhere to go now. Nobody in the courthouse will help him. GREAT!]
You Tube VIDEO | Published on Aug 30, 2012 by LLMPapa | Imagine....
[That's a powerful video, nan11. I wonder how the defense will counter. I wonder how the defense will explain away all of those lost minutes. I wonder how he will explain the address he went to get for the dispatcher - the one the dispatcher never asked for.
How will he describe the head banging he took when there is no proof to back him up. Why, if Trayvon broke his nose and caused it to bleed, was there no blood found on Trayvon's hands? How did Zimmerman keep screaming while the boy covered his mouth to suffocate him? While pummeling his head into the concrete. And managing to go after the gun? Zimmerman is making Trayvon out to be the REAL Superman, not him.]
Here is a transcript of DeeDee's words from LLMPapa's video (linked above.)
DeeDee: And he ran to that mail thing. A couple of minutes later, he come and told me this man is watching him.
He was telling me, like, this man was watching him, so he going to start walking. He said he walking; and he said this man is still following him—behind the car.
He said this man is still watching him, like in the car. So, he ‘bout to run from the back.
So, next thing I hear—he just running. I mean, I could, like, hear the wind blowing.
He was breathing hard.
And, then, he said he lost him. And then he said he right by his ass. I said keep running, keep running—see if that helps. I said keep running.
He said that he ain’t going to run. ‘Cause he said he right by his father’s house.
He said the man is following him again. Behind him. I say: “RUN!” He’s not going to run. He said he not going to run—I could have known he is not going to run, ‘cause he out of breath.
[Unintelligible] said the guy getting close to him. I tell him: “RUN!”
And then I told him to keep running. He not going to run. And then he said—I told him—why you not running? He said I'm not going to run, ‘cause he was tired. I know he tired.
He was breathing hard.
And he was telling me that he was getting close. He told me that the guy was getting real close to him. Next I hear: “Why you following me for?” I heard this old man—like, old man—say: “What are you doing around here?”
I know he was feared.
Dave just wanted to clarify I agree with you about Judge Lester. As a child when you get in trouble your parents scold you (mine still does it). Same thing for adults at work. If you mess up your boss will scold you. Why should a Judge not be able to point out you disrespected his court? Maybe the appeals court is just covering in case there is a conviction so it is not overturned. Crazy all of this because Zimmerman's little feelings got hurt. Sorry about that, my sarcastic side is going to get me in trouble.
Hi Nan! It's good to see you, I missed you last week.
Snoopy if you are around hi. You should not hide because you like Mr O'Mara. You were right. Well until you flipped with the rest of us. LOL Peer pressure is rough isn't it?
[That's all I took it as, Michelle, a good scolding. Z cannot handle a reprimand and hates to get his hand slapped. That's why he isn't handling any of this well at all. Poor poo.]
Like I said before .. watch what you wish for. According to an article about it on the WFTV website "Nelson is known as a tough judge. WFTV legal analyst Bill Sheaffer said she leans toward the prosecution".... I'd say out of the frying pan into the fire, but it looks like they just shifted him to another burner on the top of that stove. What's next? Probably indigency hearing at which they'll bring up everything but the pimple on Lester's butt caused by this case.
[We'll see, Connie. I remember when I was in the restaurant business. It was mostly teens that worked for us. One thing I learned from my old boss, Jack Little, was that you never slow anyone down. If one of your workers finds another job, you always encourage them as long as it's a step up. Never take a step down and never move across the board. Always up. If that's the case, you pat them on their back and wish them well. Don't ever look back. Always look ahead. They were usually afraid that we would react negatively when they told us, but that would never be the case.
With George Zimmerman, I don't see this as an upward move. While I can understand his motive, I don't know if anyone on his team looked forward to see what judges were in the path ahead. Ultimately, Zimmerman got what he wished for, but now, he's plum out of wishes. Nothing will stand in the way of the new judge, and that's something he's going to have to live with.]
Dave: You know, every time I hear the word 'indigent' in connection with Zimmerman; I become slightly shocked.
Don't you think this is yet just one more lie?
I mean--the 'begging for money' website, for instance. It has only been transferred to his father's name.
Does everyone but me believe that money is really going toward Zimmerman, Sr.?
How can it be possible--when there is obviously no shortage of money in this somewhat privileged family--that the Florida taxpayers will be stuck with the bill for the trial of Georgie boy?
Sheesh. This is as bad as a Canadian tax scheme.
[Of course it's another lie. The Zimmermans are master at lying and cheating. The thing about the senior Zimmermans and their website is this: There is nothing illegal about it and they are free to do what they wish with the money they receive. If they give their son money in dribs and drabs, they will probably be able to hide it. However...
Look at it on the bright side. There's the good old JAC, the Justice Administrative Commission. Before Z is pronounced indigent, they are going to want to open up G&S's books. Things are going to have to jive. If they only have this amount, how did they pay all that? Someone had to be secreting money into their accounts or somehow slipping money to the bouncers. This is not going to be an easy thing for the Zimmermans. With their website still active, how can a true assessment be made? By that, I do question what de la Rionda will have to say about the elder Zimmermans' account.
This one won't be as simple as Casey's. She was truly indigent, whether we liked it or not, and I'm afraid that Z will be, too, but it's a much more complex situation, and I don't think a determination will be made all that quickly. While the JAC considers everything, more money will be piling in, so where is the line drawn? My guess is that there will have to come a time when the donate button is taken down in order to get from point A to point B. You just don't declare someone indigent. Not when there's this much at stake and you cannot trust any of the Zimmermans, and I mean the whole dang family.]
Dave: Below is a link to a video and write up by WFTV. Mr. Sheaffer just makes that little statement in the write up--he doesn't appear in the video. Only Kathy.
I don't trust Mr. Sheaffer anymore. I believe him to be very good friends with Mr. O'Mara; and, therefore, slants his coverage in favor of his friend.
When you watch the video, notice how they make sure to say Zimmerman's head was repeatedly banged into the sidewalk, (as if this were an undisputed fact). And they make sure they get the pictures in of poor Georgie's bloody head.
Mr. Sheaffer's statements reguarding Judge Nelson surprise me, too. I saw him in a WFTV video, adamantly stating that Judge Lester should go. (Ha, I never linked that one.)
So, I can't decide if this warning that Judge Nelson often favors the prosecution--is for real; or, if they have what they want but are down playing it.
Anyway, here is the link:
WFTV (VIDEO incl.) | New judge named in Zimmerman case
QUOTE: Nelson is known as a tough judge. WFTV legal analyst Bill Sheaffer said she leans toward the prosecution.
That's a powerful video nan11. With all the animated youtube videos I'm surprised no one has done an animation from TM's viewpoint based on this video. He may have been all of 17, but hearing this girl, you can understand he was just a boy. One who was being hunted down to boost the morale of one sick man. In the video reenactment of GZ he looks like a man who thinks he's a cop relaying how he "brought the perp down". In all the cops shows you see on tv (the ones that are reality tv) you see the cops making the person lie on his face on the ground. I get the feeling that's why TM was found face down. After GZ slew the mighty burglar, he put him face down "just like the cops do". I'm waiting now to see what the medical records say about any reports of side effects to the drugs GZ was taking. I can hear it now "his judgement was impaired due to the medication he was on".
Great post Dave. :)
[Thank you, Joanna. More on the way, I hope.]
Nan I just watched the video you linked earlier. That guy does very good videos, but that one should come with a warning. I had my ear plugs in volume up full blast so I could hear the words to the song that is playing in the back ground, and not paying attention to the video. The gun shot scared the crap out of me. No more texting while listening to videos. Do you know what song that is playing?
Plus DeeDee talks fast and low. Maybe she was just nervous in that interview. It would be hard to carry on a conversation with her. Instead of speed walking she speed talks.
Does anyone know if a Judge can recuse themselves? If this Judge does not want to deal with Mr. Zimmerman can she walk away?
[Yes, a judge can step down if they feel they can't be impartial or if something personal arises that would keep them from their work. Generally, they are too dedicated to do something unless it's really major.]
Imagine by John Lennon
Oh, Michelle. You are in for a treat. The above is for the "Imagine" song. Written and composed by the one and only John Lennon.
(I read somewhere today that Judge Nelson has a very large picture of him in her office.)
Enjoy!
(My apologies for not warning you about the scream.)
ConnieFl: I don't think the majority opinion amongst Trayvon supporters is that DeeDee will make a good witness.
I so totally disagree with that, though. I believe I hear real honesty in her voice.
When she explains that Trayvon wouldn't run because he was tired--my old mind says Trayvon was scared. Very scared.
I think the shortness of breath she hears was due to great fear. I know when I get really afraid, my breathing gets very labored--as if I've been exercising.
I find that DeeDee--without trying--really captures Trayvon's fear in her interview.
Her interview is also beginning to 'gel' with the few facts that can be confirmed. I think that might be a little of the reason why LLMPapa chose to bring attention to it.
She can be a little hard to understand, but I think she is sweet and honest. I really hope they call her as a witness.
Michelle: She was very, very nervous in her interview. She had been so upset that she couldn't attend Trayvon's wake. Her mother had to take her to the hospital.
Also, it was her mother that discouraged her from coming forward sooner--afraid to get her involved in something. I can respect that.
I think Trayvon's mother had to call her mother to smooth things over a bit, by explaining how vital her testimony might be.
Anyway, I really like her.
Nan I really like that song. I have heard of that guy but I do not think I have heard that song before, ever! I like the words, it is peaceful. Not honestly sure if I have heard any of his music tomorrow I will look for more. Well later today.
DeeDee seems believable to me, I figured she was scared or nervous. I would probably die if the police wanted to interview me. Not that I am a trouble maker or anything like that. I'm sure her Mom did not know what really happened or why Trayvon had been shot and she tried to protect her daughter.
Oh it is not your fault the video scared me. It's what I get for not paying attention. It did not seem like a scream I think it was a gun shot. Either way full blast is not a good idea for anyone who decides to listen with plugs in your ears. Just sayin... Night
[I do have a music page, too, Michelle. The pages are listed just below the top banner.]
John Lennon had a deep dedication to changes of peace among people, This is a beautiful song Imagine for if we did not have the opportuniti to appreciate and enjoy beauty uglyness would overtake . The sad is that it seem imposible to keep the unexpected from happening. No one except the agresser had any thought whatsoever that Treyvon Martin would be sough out to be killed as he was, Change the world is a big order, when we can not change the unknown, but that is what GZ is trying to do, change the unknown outcome of his future, to what he wants it to be. Regardless of anyone elses loss. I have no comment about the new judge, will relly on what everbody else says.
[Yes, he did, Eyeball. I still wonder, to this very day, about the beautiful and inspirational music Lennon would have written since he was murdered in 1980. The world was truly robbed the day he died. Sadly, Trayvon never had a chance to make a name for himself in life. Only in death. He could have been anything he wanted to be, but we'll never know.]
This is the judge Zimmerman wanted, but didn't get. So far, anyway.
Miami Herald | Published Sunday, February 21, 1999 | A question of justice
Quote: Seminole County Circuit Court Judge O.H. Eaton, Jr. conducted a six-day hearing in 1996, threw out the conviction and ordered a new trial.
Orlando Sentinel | George Zimmerman's legal team adds murder specialist Don West
Quote: In 1998, he [Don West] served as co-counsel and helped Joseph "Crazy Joe" Spaziano get off death row.
________________________________________
NJN | Last Updated on 21 August 2012 | Convicted Rapist Sentenced to Probation Rather Than The Nine Year Prison Minimum
Quote: This reduced sentence was handed down by substitute judge O.H. Eaton.
________________________________________
WDBO | Dated February 15, 2012 | Delores Laster is acquitted of first-degree murder
Quote: Judge O.H. Eaton has granted a rare defense request for acquittal for Delores Laster.
[[Old Joseph ''Crazy Joe'' Spaziano hAs been in and out of the local news for as long as I can remember. Eaton did order him a new trial because of a schlock job by everyone on the prosecution side, but he still rots in jail on a rape conviction. 16-years-old. The overturned murder conviction was a shame. He had served 23 years by the time the new trial was ordered. Prosecutors agreed to let him plead no contest to murder in exchange for time served, but he's serving a life sentence for the rape. In 2008, the Florida Parole Commission reset his release date to 2060. He would be 115-years-old.
Don West helped Crazy Joe get off death row, but he hasn't always been successful. Famous boy band mogul, Lou Pearlman, was found guilty of running a huge Ponzi scheme here in Orlando and sentenced to 25-years. Pearlman was responsible for the Backstreet Boys and NSync. He's Art Garfunkel's cousin, but don't say that too loudly.
I must say I'm not at all familiar with the Abraheem Firstpage case, and it sure smells fishy to me. If it slipped by me, it might not have gotten by Zimmerman. I can tell you I'm not at all happy with Eaton's performance on that case. I wonder if newly-elected State Attorney Jeff Ashton will pursue it.
The Delores Laster case is still fresh in my mind and I couldn't quite figure out Eaton's rationale for granting her the acquittal. This was a cold case until 2008, when deputies reopened the unsolved 1988 murder of her husband.
I must say that some of Eaton's decisions seem to border on bizarre, but I'm not familiar with the circumstances. In Zimmerman's case, he will never get Eaton. Nelson will be his judge come hell or high water and there's nothing he can do to change that. This is a fitting end to the judge fiasco he and his attorney have been running in Seminole county for the past 4 months. Thanks for researching those cases, nan11. That's great work and I sure am glad he didn't end up with Eaton, but I knew he wouldn't anyway.]
Nan11- I watched (well, listened to) that video. Pretty clear Trayvon didn't know what was his wisest course of action at the moment, pure and simple. It's not so much that he's "tired"- he's fatigued, mentally and undoubtedly physically. What to do, what to do? He understood that his life was on the line, PRIOR to ANY verbal exchange with GZ.
PRIOR TO.
I couldn't be happier with the "georgie's judge replacement" He just keeps digging his hole deeper. At least now the case can move on to the next shenanigan. I can only guess that MOM is getting more and more frustrated with his client. I cannot wait to see what he does once she denies his request to move out of the county. (wicked laugh)
[I hope O'Mara is getting frustrated with his client because I sure am getting frustrated with him. Enough is enough. No more putzing around. If he files motion to overturn Lester's orders, Nelson won't rule in his favor. Once again, he'll be wasting the court's time, but I do understand why he will do it. He's got to. Almost.]
Dave, I just do not understand George Zimmerman havein all the smarts to know all the things he has asked for and expects. If he is for the most part telling O'Mara what he wants done then "who" is guiding him in the legalility of all his demands. Does getting a new judge mean he can start from fresh again with everthing?
[Good questions, Eyeball. You've got to remember that Zimmerman was studying criminal justice in college. He is more aware of the law than your average citizen. Who knows if he collected law books, too. I have many and I use them, but just like me, he is not a lawyer. While I can talk better about the law than most non-lawyers, it doesn't mean it translates into effective counsel for myself or anyone else. I sense the same thing with him, and that was one of the points Judge Lester made in his bond order. This poor, poor confused young boy was knocked silly by all that went on around him. ZIMMERMANURE! Throughout his requests and demands, I'm sure O'Mara is advising him, but something tells me Zimmerman thinks of himself as a know-it-all. He seemed to know all about Trayvon that night and he still thinks so.
Getting a new judge changes nothing. I suspect O'Mara will file motions to have Lester's orders overturned, but I seriously doubt he will prevail on any of them. This changing of the guard is just like changing presidents or mayors. Everything continues as usual.]
Someone asked me about this:
Just so everyone is aware, over 130 local attorneys, both members and non-members of CFACDL, the Central Florida Association of Criminal Defense Attorneys, including private criminal defense attorneys, public defenders and prosecutors, participated in the poll.
Since the voters are predominantly defense attorneys, and Debra Nelson is more or less considered a prosecutor's judge by some of those voters, that would help explain why her rating is lower than other judges. Of course, some of the prosecutors could feel the same way.
The judges are rated in six different categories: legal knowledge, impariality, freedom from bias, demeanor, diligence and an overall rating that doesn't have to reflect the average of the first five.
While Nelson may be perceived by some to be biased toward prosecutors, those are nothing more than opinions. I saw the same thing with some of the Orange County judges during the past 3 years, and some of those judges have been very fair. Cheney Mason, for example, had a low opinion of one of Orange County's finest. Who do you think was the better of the two?
That's easy--the Honorable Judge Stan Strickland--by a mile. My opinion only, of course.
Dave: I just wanted to let you know about some very strange 'tweets' going around.
Jeff Weiner 'tweeted' that another judge change was expected in the 'George Zimmerman' trial--Marlene Alva was to take over in January.
Someone apparently traced the 'source' of that rumor back to Diana Tennis.
Now, however, Jeff Weiner is 'tweeting' that this 'information' was incorrect.
Here is an official link to Judge Nelson's appointment--it just makes me feel better:
Media Advisory: State v. Zimmerman (2012-CF-001083-A) | August 30, 2012
[I think it's terrible how rumors like this get started. Once assigned to a case, there are no changes unless something like what happened to Lester occurs. Nelson will remain on the case and that is etched in stone. Unless the Z family casts an evil spell on her, too. Incidentally, I had several nice conversations with Debra Nelson many years ago, but I doubt she'd remember. This was in the mid-90s. Also, Marlene Alva and I go back a long way - to the mid-80s. We used to sit and chat for hours long before she was a judge. She would definitely remember me. I have fond memories of her. Lots of stimulating conversations.]
Thank you, just can't figure Zimmerman out, I know sometimes a villian can be briliant, not in societys term maybe devient brilliance useing it to self-fullment and satisfation. Law books are good to have. I only have 2 in reall estate law. Thing is interepretation and you are brilliant in that respect in bringing it to us in a way everbody has a chance to understand. Clearly you must like the challenge in the legal profession.
[Oh, I like the challenge, alright, and thank you for calling me brilliant. I disagree because I am not really qualified at all. I try, but I make mistakes. Where Zimmerman and I part is that I only think of myself as book-smart. I have no practical experience and I am not even close to being qualified to divvy out advice other than from what I've gathered from those books and the attorneys I ask. Zimmermn, I'm afraid, puts himself in the same league as an attorney, although he'd be the first one to deny it and act humble. He's a snake in the grass and you can't trust him. Look at how he thought of himself as a top cop. Look at what he did.]
GA Dave
I must say I'm thrilled with the judge selected,mostly because what MOM's motion stated can't be used when/if GZ is convicted.
Good news from this side,the hives are pretty much under control. I only need an Antihistimane at night,helps me to sleep and no scratching.
Here's a blond man joke to start the holiday week-end
Maybe something for GZ's family and friends to consider before they get behind the wheel.
A blonde man was driving home, drunk as a skunk.
Suddenly he has to swerve to avoid a tree, then another, then another.
A cop car pulls him over, so he tells the cop about all the trees in the road
The cop says, "That's your air freshener swinging about!"
[Howdy, Tommy's Mom!
I have no qualms at all with the selection of Judge Debra Nelson. This was not a step up for Zimmerman or his team of attorneys. It was, at best, a step sideways, and as Connie said, like moving the pan from one burner to another. And the really good news is that Nelson is locked in. Zimmerman cannot do anything about her at all. That's going to frustrate him to no end because he's such a control freak. He's got no more "let's get rid of the judge" cards.
I'm glad your hives are under control. I dated a girl years ago and she got them all the time. Drove her nuts. Hers were from allergies. I hope the anytihistamine does the trick and you stop suffering. Good luck with that!
Speaking of girlfriends, I dated a gorgeous blonde years ago, soon after I moved to Florida. One Christmas, I bought her a scarf. Two days later, she told me she needed to exchange it. What? You don't like the pattern? I thought it was very pretty. No, she said, she needed a bigger one because that one was too tight.]
Here is an interesting video a friend e-mailed to me. If there's any doubt about Lester, watch this judge in action. It will make you think twice:
We need more Judges like this
Thank you, friend!
Need to correct a comment from early this morning, it's driving me nuts: Either way full blast is not a good idea for anyone who decides to listen with plugs in your ears. Just sayin... Nan I meant to say their ears. I do not want a bunch of people sticking their plugs in your ears.
Dave thanks for the heads up about the music. I never noticed it. Snoopy tried to help me figure stuff out a while ago but I am a little nervous about clicking on something. I do not want to see something I am not allowed to see. Apparently you are all fans of John L. He is before my time and I think he would be played on a oldies station.
Dave not sure this is going to make much sense but I will give it a shot. IF Mr Zimmerman is convicted when he is sentenced can the Judge knock time off because technically he does not have any convictions or do those still count as him being in trouble? For some reason I am hopeful that he gets at least the 20 years. Is that the least amount? I am not sure it is confusing because you added the felony with a gun or death with a gun not to long ago when you explained why it did not matter if it was a murder 2 or manslaughter.
[George Zimmerman is facing a sentence of 25 years to life if convicted because of Florida's 10-20-life law.
MANDATORY MINIMUM PRISON SENTENCES
Felons in possession of a firearm - 3 years
Pulling or brandishing a gun during commission of a crime - 10 years
Firing the weapon during commission of a crime - 20 years
Firing and injuring or killing a person during Commission of a crime - 25 years to Life
Whether convicted of second-degree murder or manslaughter, he used a gun. In the State of Florida, manslaughter is a second-degree felony. Murder is a felony. Ultimately, Zimmerman is staring at a minimum of 25 years.]
Is it Judge Lester in the video above as he was younger man?
[No, but just like me, he had a full head of hair once.]
Eyeball: I only watched that video once when it was posted on another site. I do not believe that is Judge Lester.
I find that video to be deeply offensive. IMO, the judge was way out of line. He insulted women. The judge, imo, humiliated a victim.
Some women have been so abused all their lives they do not know, and cannot find, their way out.
She was standing there crying her heart out, trying to apologize. She was not the one charged with a crime.
The judge, imo, would have been well advised to offer her counselling--not the tongue lashing he gave her.
It is as vile as saying the victim that Georgie digitally raped was a consenting partner to her own rape.
imo
[That judge is in Atlanta. The point wasn't to offend, it was to highlight how easy Lester actually went on Zimmerman.]
nan11, It is a bit shocking, you know after the verdict that her son was going in for life, the judge attack that way will probaly make the mother get deeper back to her drinking and will feel forever that she is the fault so two have been punished for the sons crime and the judge will have added to the outcome of it. The son did not look like a very young son so he shoulld have had more responsibilty
for himseelf. jmo
[The guy who was convicted and sentenced was not her son. He was her boyfriend or husband. He molested her young daughters. Just to clarify that. No harm, no foul.]
Thanks Dave. I did not realize there is a mandatory sentence. So you are saying the Judge follows those sentencing guidelines? LOL I did not know if Mr O'Mara would/could argue for a lenient sentence since Mr Zimmerman has no record so to speak. Or does he? I am trying to figure out the diversion programs he was ordered to do. Bet you wish I had the knowledge everyone here has now. My brain is a sponge, I like learning. In my defense I think each State has different procedures.
[The law is 10-20-life. People who have never committed a crime before face the same mandatory sentencing. It's the law. If Zimmerman knew the law, figuring he thinks he knows everything, he never felt he would be charged. He absolutely believed he was justified. He got himself a bad guy. What a hero. Nutcase is more like it.]
Eyeball: Sorry, if you thought my rant was aimed at you. It really wasn't--the video is honestly very offensive to me, though.
Here is a link that has Trayvon's case all broke down by weeks. You can click on each week for a more in depth analysis; or, just scan the short versions.
The Root - Trayvon Martin
If you would like more info on anything, I hope you ask. If it causes a second look--that can only be a good thing.
[Neato, nan11, thanks for this link.
I didn't intend for that video to be upsetting. I only wanted to point out how much leeway judges have in other jurisdictions. Sorry about that. If you would prefer that I remove it, I will. Just let me know.]
Dave: Nah, it's alright. It's not in my face or anything. I'll get past it.
I do have one question about those tweets between Weiner and Tennis, if you will indulge me.
During a discussion, I read that Judge Nelson is up for her 'judge election' in this coming January--but, that no-one was running against her.
Suppose someone were to suddenly run against her; and, suppose that someone won--what would happen to her cases?
It kind of gives me cold chills thinking about that.
I promise I'll drop this, though. What will be, will be--I know. And I also know that in these high-profile cases, it is always best to expect the unexpected.
[That's a really interesting question, nan11, about the election thing, but my guess would be that if she wasn't running unopposed, the case might have gone to another judge not running this time around. but only because this one is going to take a long time to run its course.]
If I might state my opinion on the video. I hope the woman lost custody of all her children. I was highly upset that a mother would expose her children to such danger and according to the Judge, it was not the first man that had been in the mothers home who violated this womans girls.
The mother knew this man could be vile and left her children alone with him. Counseling can not cure that situation. imo
[You're right, Newbie, there was another man doing the same thing, so he was right in reprimanding her. What I gathered out of it had more to do with comparing it to Lester, although this woman wasn't charged or convicted. She should have, and the court, I hope for the children's sake, looked into it.]
Thanks, it finally sunk in. I thought it would be up to the Judge. Mandatory means just that, his previous record does not matter.
Well I agree he is nuts! Life would be my choice because he took a life. Seems only fair and Lady Justice is suppose to be fair. Sorry it took so long to get it. I think I confused you because I did not know if the Judge took into account any past run ins with the law. Maybe I confused you because I have no clue how to ask what I meant. The Law can be confusing.
[No problem, Michelle. There are sentencing guidelines and he are mandatory minimums. If Z stabbed Tayvon, it would be a matter of regular sentencing guidelines, but because of the gun, that spells bad news if he's convicted, which I hope he is.]
Nan11, You need not apoloty as I didn't think that at all.
Gotcha on the purpose of posting the video. I didn't necessarily agree with Judge Lester stating there was strong evidence but I thought the rest of his Order was just calling a spade a spade.
Can you imagine being a Judge and having to listen to all the negative and inhumane things while doing your job. I don't think I would last too long....
[I'd have a spitball shooter and a slingshot under the bench with a little hole in front. Depending on how bad people are, I'd use the appropriate one. I don't think I'd last too long, either.]
Dave et al...
Just a theory....
Has anyone noticed that George Zimmerman not only took Trayvon's life away, he put his own words in Trayvon's mouth and reversed their roles?
*Z pursued T....T did not go after him.
Zimmerman said~"do you have a problem, @!%$?"
Trayvon said~"no, I don't have a problem, man."
Zimmerman said~"You do now." * he whips out the gun.
Zimmerman said~"you are going to die tonite, %$# @."
* an altercation ensues when T tries to wrestle the gun away from Z
* and later.....Z ends up on the top
*Trayvon screams for help and then in a matter of moments a shot rings out.
Zimmerman said~"you got it, #@%$."
*T falls backward and breaths his last. Z then checks T's back for an exit wound and turns T onto his stomach.
[Hi, Snoopy - I think it could be more than just a theory. Zimmerman has already established his proclivity to lie when given the opportunity. That's a fact, not an assumption. For sure, he knew that people in the immediate vicinity heard screams. Why not attribute them to himself? The other guy was dead, so he couldn't say anything. The fact remains - in his reenactment, he claims to continue asking for help after the shot was fired. The 911 recordings prove otherwise. I agree with you. immerman stalked that kid that night and shot him dead.]
I guess I'm a little behind on the post reading, but I'd like to make a comment about Eyeball's query about GZ having "enough smarts to know all the things he has asked for and expects". Anyone who has lived with a mechanic for years gleans just a bit about how cars run and what's needed to fix them. My ex-husband was a physician's assistant. We were married for 22 years, and he often said I had enough medical knowledge to be dangerous. When he went from being an independant duty corpsman in the Navy to a physician's assitant I asked him if he learned anything he didn't know already. He told me "yes, I learned how quickly I could have killed someone due to lack of knowledge". The same goes for George. His father was in the legal field and he grew up around it. I imagine quite a bit seeped in here and there especially as he's mentioned before he was interested in becoming a cop. The classes he took would have added just enough more knowledge to make him dangerous to himself and others. He seems to be one of those who think they know what they're doing, and don't realize they're wrong until someone gets hurt.
[And in the end, it appears that Z still hasn't learned a lesson yet. He's yet to acknowledge he did something less stellar than saving his community from a bad, bad boy. He says he would do the same thing over again, with no regrets. There's not one iota of remorse, other than for what he, personally, is challenged with. But it's not his fault.]
Michele J Lennon was the founding member of the Beatles.You have heard of them?Anyway they wrote a song for you http://www.youtube.com/watch?v=BKvee-w0uBc
ecossie possie I did not know that, how cool! I am learning a lot of new stuff hanging out with all of you. Thanks. We have been limited on what we are allowed to watch on television and apparently the radio too. I have heard of the Beattles I did not know John Lennon was in that group. Did they all sing Imagine also or just John L?
Snoopy why do you think Mr Zimmerman would do that? Is it to make Trayvon look bad and to protect himself? I never believed those screams belonged to Mr. Zimmerman. I have heard cries that was scarey one time before and it did not turn out well. IMO a person screaming like that knows they are going to get hurt or die. Why would Mr. Zimmerman cry like that he had the gun? Thanks for putting all those together, not sure I have seen them all together. Basically did not realize how much Mr. Zimmerman is taking away from Trayvon. His words, his screams, his life and his innocence by calling him a suspect. A suspect of what? Walking home.
Michelle, GZ is not the brightest bulb on a string of Christmas lights but he had to think fast because he knew there were witnesses. Someone may have told him they heard screams and came running to see what was going on (I'm thinking it could be Taeffe).
Snoopy, I have been wonderng myself if that's what GZ did since the dispute over those screams.
No Michele the Beatles split 1969/70 Imagine was J Lennons first sola album of wich Imagine is the title track..This is another one of his classics http://www.youtube.com/watch?v=RkZC7sqImaM
I like that song too. Did he really encourage peace or did he just sing about it? Probably would not hurt to hear that on all radio stations today. It's crazy out there. Ecossie thank you for the links.
It's so cool reading here because you have great minds. Snoopy made me think about all the statements put together. Sherry and Dave both point out witnesses mingled in the crime scene and talked to the suspect. Was Mr. Zimmerman considered a suspect? I thought crime scenes were taped off with the yellow or red tape and no one could enter the area.
Michelle~~what I wrote upthread is just a theory that I have been mulling around in my head. Why did Zimmerman concoct the different versions of what took place prior to shooting Trayvon? They were done to make it look like he acted in self-defense under the SYG law that is in place in the state of Florida.
We have to take into account that immediately after Trayvon was shot, Z's close friend Osterman came to his aid. A phone call was also placed to Z's father, Robert Zimmerman, a retired magistrate. It would not surprise me if both of them helped Z piece together a story that Sanford PD may believe. It appears the PD did believe it for awhile and Z was free until the big guns were brought in and Z was arrested and charged with second-degree murder.
Michelle, I hope that explains things a bit for you. Anything else, ask away. Just keep in mind, if I don't know the answer to your questions, I have a tendency to make things up. lol
Sherry~~I will wager my farm and the piglets that those screams were not made by George Zimmerman. Why should the man holding the gun have to scream? Uh uh...
It's been a whole summer and spring since I have commented on your blog Dave. Funny how time flies. From all that I have seen on NG and other newsy programmes I have to say, GZ has never come across as a sorrowful gunslinger. He is at best an actor pleading his case of innocence. I am guessing that he's so busy trying to defend his position, that being the powerless poor victim, that, he thinks that will appease his doubters. Ah, not so much. The court and jury will have to be very patient listening to all the evidence. My prediction, he will get the minimum mandatory. He won't walk free. If he does we should all look carefully behind us as we walk home enjoying our sweet candy.
[WHEEEEEOOOOO, Weezie! What a most pleasant surprise. It HAS been a long time, and I've often wondered about you. It doesn't seem like it was all THAT long ago we were discussing the other big case in the news - the one that got away. One has nothing to do with the other, but I hope this one doesn't get away. After the Anthony case, I thought I'd have a long breather from something local and huge in the news. Sadly, I was mistaken. We all were. To me, George Zimmerman comes across like a sneaky rat, like the one in the movie "Ben." While he wants to be a hero on the outside, there's something inherently evil inside his soul. He kind of reminds me of the lead character in the movie, "The Omen," too. Damien. It takes a special person to kill and to him, it comes naturally, obviously. That's because tthe only remorse he has is for himself; for the mess Trayvon put him in. To him, the shooting was justified because he's convinced himself of his own lies.
I sure hope you're right about your prediction. If not, we all should be afraid. He'll get his gun back. He'll wear it like a badge of courage, and he won't be afraid of using it again.
Please don't be a stranger. Your company is always welcome and appreciated. Thank you!]
Hey Weezie~~so nice to see you. When I see your name it makes me smile as I think of all the fun we had on Open Forum. Oh those girls nites were hilarious.
As far as this Zimmerman case goes, I think it will be relatively quiet for a bit. George Z's wife, Shellie is due in court on Sept 19th on a charge of perjury. Her judge is the same one who just took over George's case so, due to a possible conflict of interst, her court appearance may be delayed unless they find someone else to take her case before then. George is due in court next month. Maybe they will set a trial date then. We are looking at sometime in 2013 before he goes to trial. Z will having a self-defense immunity evidentiary hearing just prior to the trial. That will go before a judge sans a jury. Don't be such a strange, kiddo. hugs