Trial of George Zimmerman in the Death of Trayvon Martin #7 7/9/2013-7/11/13

[islandmonkey]

July 9, 2013 Tweets
https://twitter.com/jeffweineros

Jeff Weiner ‏@JeffWeinerOS 1m
Connor: Texts on phone "where Mr. Martin was either trying to purchase or sell a handgun." Also pics of hand w/gun. #ZimmermanTrial

All of this tension and threats of riots on twitter/FB scare me to death....not for me, I live in the redneck riviera BUT my BF's kids (the younger ones, 9 and 15 are due to go to their mother on Friday who is in classes in Orlando, and we are talking about a mom who left an 8 yr old on the beach where ppl drown and are rescued at the rate of 160 a day on hard yellow flag days, for 90 minutes. He was burning up hot, afraid to get in the water and scared, but she thought it was totally ok. I called his dad and even though it wasn't his week, I told him to get his ass to the Island and get his little boy off the beach, then called his older brother. Only then did she decide to get off the phone sitting in the driveway talking to her BF that she better get her rear out there or I was calling DCF. I'd do it for any child and I don't let my 13 yr old son go by himself, the surf is that bad. A mom who won't feed the kids if she sees me car at her ex husband's house, locks herself in the bedroom and won't feed them because he never took her to an Island he'd never heard of, so the thought of her letting the two wander around Orlando /Epcot and the hotel in and out for a week from Friday scare me .......at that age you don't have the judgement / experience to handle those issues but never occurred to her this option isn't a great choice, but leaving the little one home sick at age 8 with a fever and sick as a dog, and knowing he doesn't have her new phone number also wasn't an issue. Only giving that amount of background and that is about 1/100th of her self absorbed choices to neglect the kids to do whatever she wants in lieu of what is best for the kids and why her letting them roam Orlando next week alone bother me! Is it just me, * the worry wart mom*, or would anyone be ok with their kids roaming free with no barriers in a time of extreme tension all over Orlando without a care in the world?

I just remember that tweet " I am going kill the first white boy I see if GZ isn't found guilty", and it haunts me.

[Amys Sister]

The judge has done her due diligence in trying to prevent the defense from dragging this trial out, a tactic used by many defense attorneys.  She is always respectful and has made decisions which have hurt the prosecution so I am confused why some believe she is biased.

She is absolutely right to not allow text messages that have not been authenticated.  This is law 101.  The defense had to have known this would be an issue going back to early this year, probably even before that, which is why West wasted so much time tonight trying to argue that they should be admitted... he knew authentication was going to be an issue.  Judge Nelson was right to be annoyed with him spending so much of the courts time arguing it. 

The judge has been warning this defense team she wanted to move the trial forward for many months prior to its' start.  They should have been more proactive getting their case together, IMO.  Text and email authentication is just not that difficult.  It only requires obtaining one maybe two witnesses.   

Attorneys notoriously drag their feet and I for one am glad to see a judge hold them accountable.

She is protecting the jurists to ensure a most fair decision on their part.  That is ultimately what is of utmost importance.  IMO all courts everywhere should hold attorneys to similar standards.

[jamcakes]

The judge has done her due diligence in trying to prevent the defense from dragging this trial out, a tactic used by many defense attorneys.  She is always respectful and has made decisions which have hurt the prosecution so I am confused why some believe she is biased.

She is absolutely right to not allow text messages that have not been authenticated.  This is law 101.  The defense had to have known this would be an issue going back to early this year, probably even before that, which is why West wasted so much time tonight trying to argue that they should be admitted... he knew authentication was going to be an issue.  Judge Nelson was right to be annoyed with him spending so much of the courts time arguing it. 

The judge has been warning this defense team she wanted to move the trial forward for many months prior to its' start.  They should have been more proactive getting their case together, IMO.  Text and email authentication is just not that difficult.  It only requires obtaining one maybe two witnesses.   

Attorneys notoriously drag their feet and I for one am glad to see a judge hold them accountable.

She is protecting the jurists to ensure a most fair decision on their part.  That is ultimately what is of utmost importance.  IMO all courts everywhere should hold attorneys to similar standards.

The Defense just recently received Discovery of certain texts and photos from the Prosecutor, and these are the ones they are arguing over b/c the Defense did not have the time to authenticate.

[islandmonkey]

The judge has done her due diligence in trying to prevent the defense from dragging this trial out, a tactic used by many defense attorneys.  She is always respectful and has made decisions which have hurt the prosecution so I am confused why some believe she is biased.

She is absolutely right to not allow text messages that have not been authenticated.  This is law 101.  The defense had to have known this would be an issue going back to early this year, probably even before that, which is why West wasted so much time tonight trying to argue that they should be admitted... he knew authentication was going to be an issue.  Judge Nelson was right to be annoyed with him spending so much of the courts time arguing it. 

The judge has been warning this defense team she wanted to move the trial forward for many months prior to its' start.  They should have been more proactive getting their case together, IMO.  Text and email authentication is just not that difficult.  It only requires obtaining one maybe two witnesses.   

Attorneys notoriously drag their feet and I for one am glad to see a judge hold them accountable.

She is protecting the jurists to ensure a most fair decision on their part.  That is ultimately what is of utmost importance.  IMO all courts everywhere should hold attorneys to similar standards.

The Defense just recently received Discovery of certain texts and photos from the Prosecutor, and these are the ones they are arguing over b/c the Defense did not have the time to authenticate.

Exactly, had they rec'd the text and photos from the state when the state discovered them, they would have been able to depose the receiver of those text. The language in them is so similar to Trayvon when he's talking about his mother kicking him out, and I think she is so bias AND the defense repeatedly asked for a few more days or a continuance. I have seen trials pushed back yrs, Casey Anthony, Lana Clarkson etc, IMO she is setting herself up for reversible error and also IMO not close to respectful, it's almost as if she knows GZ would win appeal IF found guilty of a trial brought about due to political pressure and not evidence, so she can somehow convince herself she has clean hands......

WRT TM and his attempt to find a gun (more than once)  and IIRC one of those text was to W8 were relevant to state of mind,  his admitting he;s not a thug, but gangsta IIRC show his life was not really on track....not his fault but parents IMO, I agree about the chip on his shoulder and wanting to prove he was a bad ass, probably egged on by W8, and certainly a crazy ass cracker and he also called GZ the N word, are far worse than f-cking punks in general or specific. 
What is more important, a judge allowing a months continuance or longer or the rights to a fair trial? He was not the angel made out to be via MSM and I am certain GZ might have been overzealous but I don't think it was out of malice. WRT concealed carry, someone mentioned he shouldn't have had it loaded with , why carry then? Any LE, or my BF who s ex FBI and DOJ would tell you one in the chamber, full clip but I was also told to double tap .....

Now I am stressed to no end knowing BF;s youngest kids are going to be 7 miles from Sanford and when the verdict comes down, I pray for restraint but I am also a realist. I'm to the point of telling him to go with the kids and I don't care if they stay in the same damn room, I do not want them to be alone from dawn to dusk or later in this tense enviroment.

[Amys Sister]

IIRC correctly the states argument is that the defense has had Trayvon's phone for a long enough time that they could have retrieved the information much sooner and should not have relied upon the state to provide them every little morsel of fact finding the state has done.  The defense could have done some of the work themselves and the defense is twisting that into trying to say the state withheld information... they did not... the defense had the phone and hence the same information the state had.

Additionally, texts are often not allowed as evidence even if they are authenticated because they are considered prejudicial.

My point is that Judge Nelson is not being unfair in her rulings from a legal standpoint and she is doing everything she can to protect the jury's best interest and prevent shenanigans, something we do not see enough of in criminal trials.

[islandmonkey]

http://apps.americanbar.org/litigation/litigationnews/top_stories/040113-text-message-admissible.html

 

Home › Litigation News › Top Stories
Establishing That Text Messages Are Admissible
By Sara E. Costello, Litigation News Associate Editor – April 1, 2013
 
Sending text messages or short electronic messages from one cellular phone to another is a very popular form of communication. “Text messaging users send or receive an average of 41.5 messages on a typical day,” concluded the Pew Research Center’s Internet & American Life Project. This number is even greater for cellular phone owners between the ages of 18 and 24. They “exchange an average of 109.5 messages on a normal day.”

Given the volume of text messages, it is important that attorneys consider how such evidence can be authenticated and admitted at trial. Two cases demonstrate that text messages can be authenticated on the basis of their “distinctive characteristics,” pursuant to Fed. R. Evid. 901(b)(4).

The Evidentiary Standard
Evidence must be authenticated—or shown that it is what it is claimed to be—before it is admitted. Fed. R. Evid. 901(b)(4) explains that one of the ways in which a piece of evidence can be authenticated is based upon its “distinctive characteristics” or “the appearance, contents, substance, internal patterns, or other characteristics of the item, taken together with all the circumstances.”

Text Messages Have “Distinctive Characteristics”
In the North Carolina v. Wilkerson, the North Carolina Court of Appeals considered the admissibility of a text message found on a cellular phone seized from the defendant’s pocket. The defendant in this case was accused of possessing stolen goods. Upon searching the phone, the police found a text message in the phone’s sent folder, which stated: “I got a 64 inch flat Samsung.” The appellate court analyzed the text message’s admissibility pursuant to N.C. Gen. Stat. § 8C-1, Rule 901(b)(4), which is similar to Fed. R. Evid. 901(b)(4). The defendant argued that the text message should have been excluded because he was not identified as the sender of the message. The court, however, concluded that the prosecution “presented substantial circumstantial evidence” showing that the defendant sent the text message.



The distinctive characteristics of the text message included the fact that the message discussed one of the stolen goods. The court also noted that the police found the phone from which the message had been sent on the defendant. Further, at trial, an eyewitness testified that a car matching the description of the defendant’s car was in front of the victim’s house and that the driver was using a cellular phone. The records custodian from the company that provided the cellular service for the defendant’s phone also testified that multiple calls were made from the phone on the day of the crime. She also provided evidence establishing the location of the “cell towers used to transmit the calls.” A police officer then testified that he used these locations to track “the phone from the area of the defendant’s home to the area of the victim’s home and back.”

 

[Amys Sister]

 
The distinctive characteristics of the text message included the fact that the message discussed one of the stolen goods. The court also noted that the police found the phone from which the message had been sent on the defendant. Further, at trial, an eyewitness testified that a car matching the description of the defendant’s car was in front of the victim’s house and that the driver was using a cellular phone.
 

The above is very important IMO if we are to compare it with the Zimmerman case.  Trayvon never texted about his encounter with George as you can see the accused thief in the above example did of the tv he stole.  Additionally, no witnesses have been presented stating they saw Trayvon take the picture of the hand holding a gun, nor has any witness been presented who can corroborate that Trayvon is the person who sent the texts.

No authentication has taken place and because the texts and images did not directly relate to the night of his death it is likely no judge would allow it as evidence anyway.

[islandmonkey]

IIRC correctly the states argument is that the defense has had Trayvon's phone for a long enough time that they could have retrieved the information much sooner and should not have relied upon the state to provide them every little morsel of fact finding the state has done.  The defense could have done some of the work themselves and the defense is twisting that into trying to say the state withheld information... they did not... the defense had the phone and hence the same information the state had.

Additionally, texts are often not allowed as evidence even if they are authenticated because they are considered prejudicial.

My point is that Judge Nelson is not being unfair in her rulings from a legal standpoint and she is doing everything she can to protect the jury's best interest and prevent shenanigans, something we do not see enough of in criminal trials.

I could be wrong but I am pretty sure the defense NEVER had the phone...otherwise why would they have to rely on the state for the discovery? I may be wrong but chain of evidence IMO would be compromised.


I  will agree to disagree with you on the admissability, they could ping the phone, the verbiage never changes thru out the ones I read and I read 10-15 pages, one about being on a bus to Sanford, so they could contact the person on the other end of the text, ping the location but I honestly with every fiber of my being believe since Tracy couldn't unlock the phone, that anyone without the two levels of passwords could. They are what they are and a jury should be allowed to see them if for nothing else as to state of mind.

I have stated this before, the way TM laughed and filmed two homeless men fight over a bike vs GZ being almost congratulated by the NAACP for standing up and raising hell for Sherman Ware, and ironically IIRC Natalie Jackson was Ware's atty, well it shows character of lack thereof of TM and GZ ....and his family had far more use for TM dead rather than alive, alive Sybrina  let Tracy M have him meaning  basically Alicia raised him while Tracy was up to twerking and knocking up other women, Sybrina took him back in and booted him out yet again for getting into all the shit he did and rather than maybe using discipline they pawned him off or let him go and come as he pleased as so many parent I noticed have done thus raising children with no direction and the entitlement attitude, no wonder he had a chip on his shoulder- and now he is their paycheck and reason to retire under the guise of poor little Tray tray.....what a damn farse.

Back again to the phone and whom had it, the very reason Conner was testifying and that was as a whistleblower , was because he knew this case was one prosecuted due to politics, and I doubt as Nelson stated that a 7 yr old was offering money for a gun or talking about weed smuggled between his ass cheeks.



Seriously, it is what it is.......





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I guess someone could argue the absurd point whomever stole his phone used the same verbiage he did......shocking!


This is like the Duke LaCrosse case in so many ways ...

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[islandmonkey]

Sorry I forgot W8 portion which of the text, I need to go back thru her direct and see if she mentioned any text or the state mentioned any outgoing calls, certainly they should be held to authentication records....of shit, my bad. They never knew about these....



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[islandmonkey]

44 So.3d 171 (2010)
The STATE of Florida, Appellant,
v.
Raymond LUMARQUE, Appellee.

No. 3D09-2781.
District Court of Appeal of Florida, Third District.

August 25, 2010.
Rehearing Denied October 6, 2010.
172*172 Bill McCollum, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellant.

Mark Seiden, Miami, Daniel R. Silver, for appellee.

Before WELLS, SHEPHERD, and SUAREZ, JJ.

SHEPHERD, J.

The State appeals from an order excluding in limine certain photographic and documentary evidence, which the State argues is relevant to the prosecution of the defendant, Raymond Lumarque, on pending charges of burglary with assault or battery, kidnapping, misdemeanor battery and sexual battery without serious injury, all arising out of an alleged incident involving his ex-wife. We have jurisdiction. See State v. Palmore, 495 So.2d 1170, 1171 (Fla.1986). The State also seeks certiorari relief from a trial court order declining the State permission to introduce into evidence an alleged prior incident involving the couple while their divorce was pending, which the State contends is admissible Williams Rule evidence. See Williams v. State, 110 So.2d 654 (Fla. 3d DCA 1959).

We summarily deny the State's petition for certiorari without discussion. On the appeal, we conclude the trial court abused its discretion by concluding that exhibits 5-9 and 11-15 are not admissible in the trial of this case. The State sought to admit into evidence two sexually suggestive images and eleven text messages between the ex-wife and a boyfriend, found on the defendant's cellular telephone. The ex-wife testified that prior to the assault by the defendant, he showed her the two images and one of the text messages. There also is evidence in the record from which one might infer the defendant examined the ex-wife's cellular telephone on the morning or afternoon before the alleged incident when he was alone in the house for a brief period after returning their children back to his ex-wife's home.

At an in limine hearing, the trial court found the two images and one text message the ex-wife testified to admissible, but concluded the remaining exhibits inadmissible as the ex-wife could not authenticate them. The court erred. The images and text messages were found on the defendant's cellular telephone, seized pursuant 173*173 to a search of the defendant's home through a warrant shortly after the alleged incident. This fact, testified by the State's forensics expert, is sufficient to authenticate these exhibits. U.S. v. Caldwell, 776 F.2d 989, 1001-02 (11th Cir.1985) (holding that authentication of evidence merely requires a finding that the evidence is what it purports to be). It also is immaterial that the ex-wife could not identify each of the messages being shown to her on the night of the incident. Regardless how these images and text messages might have found their way onto the defendant's cellular telephone, the State has presented sufficient evidence at this stage that these exhibits constitute evidence of motive. Craig v. State, 510 So.2d 857, 863 (Fla. 1987) (stating that evidence of motive is admissible when it would help the jury understand other evidence). Accordingly, they are admissible into evidence at the trial of this case upon the State laying the proper predicates as indicated by this opinion. In all other respects, we summarily affirm the order on appeal.
[/b]
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.

http://scholar.google.com/scholar_case?case=10160200832537903146&q=text+message+authentication&hl=en&as_sdt=4,10

[islandmonkey]

[alagary]

7/9/13   Zimmerman Lawyer Mark O'Mara: "My Client Will Never Be Safe"
 
"MARK O'MARA: Well, first of all, my client will never be safe because there are a percentage of the population who are angry, they're upset and they may well take it out on him. So he'll never be safe.

My hope is that the system that is better than any other in the country -- I'm sorry, in the world is working, and I think that anybody who pays attention to the facts of this case listens to the evidence, will not leave that courtroom thinking that George Zimmerman is guilty of anything. And if a jury agrees, they should not and cannot be frustrated with the outcome, because the state's put on a good case, we put on a good case.

Everything that should get out to this jury has been out, and quite honestly, a lot of what doesn't necessarily need to get out to the jury has been kept from them. And if they decide on the facts of the case, we as a society, black, white, everybody need to look at this case and say, justice was in fact accomplished here because a fair trial was held.

Those who refuse to listen to that they're not going to listen to me or you, or sensibilities at all anyway, they're going to stay frustrated and stay angry."

http://www.realclearpolitics.com/video/2013/07/09/zimmerman_lawyer_mark_omara_my_client_will_never_be_safe.html

[alagary]

The news network would love a riot to help with the ratings. But I guaranty that if any resulting crimes in Florida get to trial the potential jury will not know anything about it.

[sunshine12]

this judge is a real trip.  if she doesnt' let these texts in it's yet another reversible error she made in this case.  if found guilty, it will be overturned on appeal.

[MuffyBee]

July 10, 2013 Tweets
https://twitter.com/jeffweineros

Rene Stutzman ‏@renestutzman 8h
Judge in #Zimmerman trial eases tomorrow's start time. Now 9a. #Trayvon.
Today's session lasted 13 hours.
 Retweeted by Jeff Weiner
 from Orlando, FL

 Jeff WeinerJeff Weiner ‏@JeffWeinerOS 7h
#ZimmermanTrial pushed back an hour tomorrow. RT @PIOFLCourts18: State vs. Zimmerman - Schedule Change
Court convenes tomorrow at 9 a.m.

 Orlando SentinelOrlando Sentinel ‏@orlandosentinel 8h
George Zimmerman trial: Judge Nelson adjourned court and walked out as defense was still protesting - see video: http://thesent.nl/18KlGq4
 Retweeted by Jeff Weiner

  Sean PittsSean Pitts ‏@Suppy7 8h
@renestutzman @orlandosentinel @JeffWeinerOS Video: Judge leaves courtroom while #Zimmerman attorney speaking http://bit.ly/1dgCt1B
 Retweeted by Jeff Weiner

[MuffyBee]

July 10, 2013 Tweets
https://twitter.com/marknejame

Mark NeJame ‏@MarkNeJame 57m
Animation defense is seeking is ill advised. Same mistake as state with ME as final witness. #georgezimmerman #trayvonmartin @cnn @cfnews13

 Mark NeJameMark NeJame ‏@MarkNeJame 59m
Animation defense is seeking is ill advised. Same mistake as state with ME as final witness. #georgezimmer #trayvonmartin @cnn  @cfnews13

 Mark NeJameMark NeJame ‏@MarkNeJame 8h
The Defense will get a gift if animation excluded. Don't need it & will end on a low note. #georgezimmerman #trayvonmartin @cnn @cfnews13

[MuffyBee]

July 10, 2013 Tweets
https://twitter.com/jeffweineros

Jeff Weiner ‏@JeffWeinerOS 5m
Court resumes at 9 a.m. RT @orlandosentinel: #GeorgeZimmerman trial resumes today in death of #TrayvonMartin. http://thesent.nl/152kM35

[MuffyBee]

http://www.orlandosentinel.com/news/local/trayvon-martin/os-george-zimmerman-trial-day-22-20130710,0,5388573.story
George Zimmerman trial: Rulings expected; defense could rest today
Will jurors hear about texts from Trayvon Martin's phone about fighting?
July 10, 2013

SANFORD - Key rulings are expected by the judge in the George Zimmerman murder trial this morning that will shape what the defense can show and tell jurors about 17-year-old Trayvon Martin, and the night of his shooting.

The defense expects to rests today, after calling the last of its witnesses. After a marathon court session that lasted well into the night on Tuesday, who those witnesses will be remains in doubt.

Attorneys will return to court today, before testimony resumes, for rulings from Circuit Judge Debra Nelson on two potential defense witnesses, as well as argument on other legal issues.

Nelson has to decide whether the defense can admit a computer animated crime scene reconstruction by defense expert Daniel Schumaker. Zimmerman's lawyers say the animation was constructed with established technology from the evidence in the case. The state argues the defense is using Schumaker to put on argument about the Feb. 26, 2012, shooting in the guise of testimony.

The judge also must rule on whether another defense expert, Richard Connor, can testify about hidden text messages about fighting he unearthed from the memory of Trayvon's phone. The defense argues the texts demonstrate that Trayvon was an experienced fighter. The state says they're irrelevant and the defense can't prove Trayvon was the one who sent them.
 
Also this morning, Nelson will hear about a defense witness, longtime Zimmerman friend John Donnelly, who apparently violated the witness sequestration rule by sitting court for testimony almost two weeks before he took the stand.
 

[MuffyBee]

There are trial rules and trial minutes etc. here.  It looks like as of today, the trial minutes for July 5, 2013 were the last posted. 

http://www.flcourts18.org/page.php?129

Eighteenth Judicial Circuit Courts

State v. Zimmerman (2012-CF001083-A)

It is the goal of the Eighteenth Judicial Circuit to ensure that the media and public are accommodated to the best of the Court's abilities during special interest/high profile proceedings. Below you will find media advisories and public record documents pertaining to State v. Zimmerman (2012-CF-001083-A). Please continue to check this website for updates. Documents will be posted as they are made available for public distribution.

(See links to documents)

[MuffyBee]

As posted May 17, 2012 Hat tip:  Toler
http://scaredmonkeys.net/index.php?topic=12964.msg1525038#msg1525038

State v. Zimmerman: Evidence released by prosecutor
Includes Trayvon Martin autopsy report, George Zimmerman medical report and other evidence related to the trial "State v. Zimmerman."
Trayvon Martin autopsy report: Pages 125-130

http://www.scribd.com/doc/93951121/state-v-zimmerman-evidence-released-by-prosecutor