Why Won't You Let Us Be Pricks ????????

Maybe you should have thought about that before trying to make yourself famous by representing a murderer.

who actually expects to be getting anything more than scattered naps for the duration of any trial? If so, perhaps they should consider an alternate profession.

I do know that the judge is in charge of the courtroom and deserves respect. Acting like a spoiled child just makes you look like an ass. It's obvious that Mr. Whiner has no respect whatsoever for the judge, and that does not help his client.

They are whining about having to come back at 8:00 AM tomorrow.
Waaaahhhhhh....

The reason they have to be in early is that the judge found out they violated the witness sequestration order, TWICE!

The other thing they are whining about is that the prosecution somehow hindered their case by not disclosing what they knew about what was on the phone until sometime in June. But the defense already had a copy of the phone data and back in February and their own expert had already found all the stuff on the phone that the defense claims was not turned over to them. They actually knew more than the prosecution did about what was on the phone.

They're just mugging for the cameras on this point, but it's still superb how the judge just smacks them down.

She won't let them delay this trial because the jury is sequestered and they are getting really upset because that was the only trial strategy that they really had. If they can drag this trial out for months and months until the jury develops a seething hatred for the state, then they have a much better chance of getting him off completely.

Tonight's hearing was about the admissibility of texts and pictures from the Martin kids phone. One of the pictures is of a hand holding a gun and some of the texts are about wanting to buy or sell a handgun. More of the texts talk about a three-round after-school fight the Martin kid was in. The judge has yet to rule on whether this stuff will be seen by the jury.

rules!

If she lets them see the contents of Martin's phone, then the prosecution should be allowed to go after Zimmerman's violent history. Martin may have talked big about wanting to get a gun, but Zimmerman already had one.

Good that the jury is getting pissed because from what I've read here, the Defense appears to be the ones wasting the jury's time so that's who they'll be pissed at.

The first one:

http://blacklegalissues.com/ARTICLE_DETAILS.ASPX?ARTCLID=f5529d331e&cat=Legal



The second one starts at 1:51

Translation?

which says he was twice as good as when he started!

the gym advertises their Zimmerman training program now on their website, LOL!

on a guy who is actually an MMA fighter, or one who used to be like maybe Brock Lesnar. All 6'4" and 280 pounds of muscle of Lesnar. He'd have pooped his pants on SEEING Lesnar, who I swear to Celestia has muscles in his hair.

They tried to claim Martin used MMA against Zimmerman, when in fact Martin had zero training and Zimmerman trained 3x/week, 3hours/day in MMA for nearly a year before he stalked and killed Martin.

and they were all packing up their stuff, they don't even interact with zimmerman at all, even the woman working with them. It's almost like he isn't there

IMO they know he's a scumbag and they are defending him and don't want to lose the case but they want nothing to do with him.

in my experience, when a lawyer does that, they know they completely f'd up in front of their client. It's the awkward pause in a conversation where there's nothing left to say.

Bet Zimmerman is wondering if he hired the right guys tonight.

I'm thinking he's happy with his choices for attorneys

she certainly dropped the mic

Don West is an asshole.

Quick, get over here to help me fix this, and pretend you're responding to the 911 calls instead of this surreptitious call I just made to you.

whaaahhh
and I can see O'Mara thinking "hurry up, I need to do my solo on Anderson Cooper"
and West thinking "hey my Instagram ice cream cone daughters are losing their chance for me to go all Kardashian after OJ for them."

But that picture seriously makes me want to slap the smug off all three of their faces.

As for the "I'm physically unable to keep up this pace" whinging: well, that's why you make the big bucks. Put on your big boy pants and get yourself to court by eight. Sheesh.

Which is why he probably could pay for his daughter's college education in cash. There are plenty of people who make a lots less than him that work long hours.

"THOUSANDS OF PICTURES, THOUSANDS OF TEXT MESSAGES"? mine only holds about 200 messages, and not nearly that man pics. granted, it isn't a smart phone or anything, but'' THOUSANDS??? my email accounts don't hold that much.

I currently have on my phone:

2769 photos
1358 songs
219 videos
267 apps

That doesn't include all the audio books and podcasts.

Text messages go back over a year or so. I do several hundred text messages a month.

My last bit of hoarding the spouse hasn't erased.

Mine is nosy and it drives me nuts.

She already hacked my iPad password so she could play games. Good thing phone has a different one.

Better come up with a more complex password. She's probably playing Angry Birds.

Her new favorite.

He was claiming he would have to verify that each message was real and that would take more than a months time because there were thousands.

I have thousands of messages - from 10 people. Its reasonable they could track down 50-100 people in a month to verify their text threads, if he even had that many people he talked with.

Another three ring circus...

What is the issue with the witnesses and the cell phone?

The defense wants to bring in some of Trayvon Martin's texts. Judge was asking if they could be authenticated as his, defense complaining State was late getting discovery to them so they didn't have time. Also saying they hadn't been able to get the info off Martin's phone earlier cause they couldn't crack the password.

I know... They should have called the NSA! (Snowden and Zimmerman stories collide and DU literally explodes )

It's nobody's business who he texted or what he texted. He hasn't texted anybody since this whole thing started. You know why? Cuz he's DEAD!

The judge should rule that nothing on the phone is admissible for either side.

It's all they have, the defense is not trying to convince the jury that Zimmerman is innocent...they're trying to convince them that Trayvon Martin was a thug/gangster in training!

Maybe the jury isn't as dumb as the defense thought they would be, and the defense has realized that their smoke and mirrors approach isn't working...so now they come up with "it's the prosecutions fault" crap...but it doesn't seem that the judge is buying it.

how long would that have taken? Could they even have done it? And would the texts make the slightest bit of sense without bringing in the context?

And what relevance do Martin's texts have to this case?

Did he text right before he was dead?

Seems to me that authenticating texts dated anything more than a couple of days before the killing would be a waste of time in that those texts could not possibly be relevant to whether Zimmerman committed 2nd degree murder when he killed Martin. That is the issue here. Martin's lifestyle or comments or texts or friends are not relevant in my view.

This is just the defense scared they are going to lose and trying to buy time for their client and get a mistrial.

What was the problem with violations of sequestration?

sequestered. Big violation.

Another witness, Donnely (old mad who cried and had Nam flashbacks) had been in court two or three times before appearing as a witness- an blatant violation.

It's called having a real job, asshole.

This case isn't about the defense team. This case is about giving a fair trial for the defendant and justice for the victim if found guilty. This can't be done without the proper amount of time for a fair trial.

He is trying to do too much himself. That is poor organization.

how would they have been able to turn over the information?

All O'Mara and Kojak are doing is setting up a context for an appeal if Zimmerman is convicted.

Martin had one of the newer phones (I say newer because mine is an old slide phone. Yes, I suck) which automatically locks after a certain amount of time or when the user locks the phone themselves. I've taken away phones from students in class that I have taught both in Korea and China and they are generally locked even if I catch them off-guard and snag them from their hand (which I've been known to do).

I personally don't think he will be convicted since the prosecution has done a poor job and the defense has put so much misinformation out to the public.

My deepest apologies to Telly Savalas

She ain't having none of their delaying tactics.

They want to wear this jury down and she not having it.

That motion could have been granted before a jury was selected, which would have allowed them more time if needed, without impacting a jury.

The judge may want a speedy trial, but if the verdict gets overturned in a mistrial, then it doesn't help anybody.

the actions, or lack thereof, of the Defense Team. Waiting until the last minute to complete your Animated Cartoon is foolish to say the least. Why on earth didn't the cartoon guy talk to the Defense's ME a whole lot sooner?

The Defense, when complaining about the early time in court today, stated that they would not have time to prepare their witnesses for today. Shouldn't their witnesses already be prepared? In addition, whose fault is it that they have to be there at 8am EST today? The Defense. It is the Defense and their witness(es) who violated the witness sequestration which is an amateur move to say the least.

They are on TV all the time. They seem to have plenty of time.

from the prosecution longer than the prosecution had it.

They need to quit lying to the judge and quit breaking rules, or they're going to lose their case. Hopefully the judge will throw out the tainted evidence.

They want the fame and fortune that comes with a high profile case, they gotta be willing to go the distance.

What does his previous texting have to do with his being shot and killed while walking along minding his own business?

I just want their grubby hands off this poor kid. Sheesh! They treat him with absolutely NO dignity or even basic respect.

The Sanford police couldn't unlock the phone, nor could the Florida AG's investigators. And then the phone was sent to the FBI, who also couldn't unlock it. Thats why they disnt turn it over to the defense: not even the FBI could unlock it.

But then the defense got the phone, sent it to this tech guy, and he miraculously is able to recover all of this stuff. He gets paid well to so this. And no one knows who put what on that phone, when. Was it one of the people from the defense? Was it Trayvon? Was it one of Trayvon's friends?

And that's why the texts couldn't be authenticated.

In any event, the defense expert found the files back at the end of February. They already had the information that they claim the defense withheld from them so I don't understand their argument that they were prejudiced somehow.

They are mugging for the cameras, that's all.

80 hours a week! Nights! Weekends!

We need to put the victim on trial here - but just found out about his text messages 6 WEEKS AGO and need to locate the "witnesses" he was communicating with because they may prove what Zippy's motive was on A MAN HE HAD NEVER MET BEFORE.



Way to set up the appeal.

God almighty - I hate those two with the heat of 1,000 suns.

I guess they think requiring the State to do their jobs for them is a logical and well constructed argument.

was a minor, not an adult man. but the defense is attempting to portray him as some huge, hulking bully.

Gotta love how Judge Nelson handles these pricks.

how can anyone be certain that you didn't put some off those messages on the phone after your expert cracked the code, Mr. West?

She should have dropped the mic!

The fact that the messages were on his phone are prima facie evidence of authentication. Relevance and prejudicial impact is an entirely different issue but by focusing on authentication, Nelson appears to implicitly acknowledge there is relevance and the probative value to the text messages that outweighs any prejudicial value. Nelson would be setting up grounds for appeals if she excludes on authentication grounds. A Florida appellate court deemed such an exclusion to be reversible error in another case:

The court erred. The images and text messages were found on the defendant’s cellular telephone, seized pursuant 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).

http://www.3dca.flcourts.org/opinions/3D09-2781.pdf

and the Judge cited more than one case last night where authentication is anything BUT a red herring. Nelson did NOT acknowledge "there is relevance and the probative value to the text messages that outweighs any prejudicial value" at all. Text messages on a phone does not mean the person who has possession of the phone sent them, it could have been a friend, a family member, etc, using the phone. We can't ask Trayvon who sent them because he is DEAD, shot by Zimmerman so authentication IS very much an issue.

It's PRIMA FACIE evidence of authentication. There's no evidence Sybrina Martin ever used the phone. It was in her name, so what, it was a phone used by her son and in his possession with messages contained in double encrypted folders. Read the LuMarque decision. It is REVERSIBLE ERROR. Who's name is on the bill is not the touchstone of authentication, and not once was that put forth as an argument by either side.

As far as Nelson, the very first line of inquiry regarding evidence is RELEVANCE, that's Evidence 101. As a former New York litigator, I don't claim be an expert on Florida evidence rules, but what I do know is that relevance is the core issue before you move into issues of prejudice and authentication. If it's not relevant, you don't even get to the authentication. If the messages weren't relevant there would not have been in court till late at night wrangling about authentication.

I will take the Judge's view of whether authentication is key or not and she has stated it is.

Such evidence is allowed ALL the time in court of law, so long as it's relevant, and probative, it really doesn't matter if they relate to the defendant or the victim. Evidentiary rules do not look at who the evidence relates to.

Me thinks there may be a slight difference between needing information that could relate to WHY someone is a "defendant" and why someone is dead at the hands of a complete stranger.

.... on case law she cites that was established to protect the ACCUSED.

The fact Martin is not on trial is the very reason his texts shouldn't be held to that higher verification standard afforded an accused person.

I think the judge is being hyper-technical in applying possibly exculpatory evidence using a standard meant to protect an accused persoon.

This could be a reversible error.

The Judge cited more than one case in reference to authenticity in consideration of the admissibility of the texts/photos on the phone. Authenticity could not be proven hence the ruling it was inadmissible. I think the Judge is on solid ground re this ruling based on the case law she cited. The defense had put forward no case law except to cite the Constitution which seems to mean they had no case law that supported them in this issue.

instead of hoping it's not too late to taint the jury.

Of course I mean Zimmerman, but his lying lawyers should be with him.

Someone upthread said they had violated it twice.

I missed that and I'm curious. Thanks.

which was a blatant violation.

And the Cartoonist met with a couple of the witnesses while making his cartoon. Also a blatant violation.

Hopefully all their testimony will be tossed due to contamination of the witnesses.

have made Donnelly decide to listen to the 911 call, claim it's George and play the I am a Viet Nam Vet card.

To me it calls his testimony totally into question.

It enables the witness to adjust their testimony to fit the story that's emerging.

I cna understand if they have an issue to argue, but whining to the judge is wrong.