Witness #8 (DeeDee)

[Lousy1]

To be perfectly nitpicky, as far as we know the conversation was cut off before the shot was fired.

Quote from: dragon ash on July 13, 2012, 11:22:46 AM

She's a 16yr old kid that had her boyfriend shot point-blank in the chest while she was talking to him on the phone. If you can't see any number of plausible reasons for her to feel like she didn't do enough to help him, and how that might manifest itself as 'guilt' over his death, well...all I can say is that perhaps you need to have a bit more life experience before you'd understand.

In the interview DeeDee denies that TM is her boyfriend. De La Rionda attempts to put those words in her mouth finally settles for (IMM) ' well your working on it'. The cousin who claims to have spent almost every weekend with TM said that TM was talking to a girl at 11:00 that Saturday evening before the shooting The cousin took the phone and talked for a minute in an attempt to guess the identity of the girl.

This is not Tristan and Isolde.

[jupchurch]

I just don't know what to make of it other than she has horrible communication skills or she is just really good at being vague. Perhaps both.

She doesn't seem to have a good grasp of standard English. I remember one part where she said that Martin was talking low. It took me a while to figure out that she meant he was whispering. I also suspect she was terrified talking to the state attorney. However, they are talking about not having a trial until 2014, so could improve a lot in that time. I wonder what kind of testimony she is going to give when someone from
O'Mara's office interviews her.

[IgnatiusJDonnelly]

Quote from: dragon ash on July 13, 2012, 11:22:46 AM
In the interview DeeDee denies that TM is her boyfriend. De La Rionda attempts to put those words in her mouth finally settles for (IMM) ' well your working on it'. The cousin who claims to have spent almost every weekend with TM said that TM was talking to a girl at 11:00 that Saturday evening before the shooting The cousin took the phone and talked for a minute in an attempt to guess the identity of the girl.

This is not Tristan and Isolde.

Barney and Thelma Lou?

[dragon ash]

Just for the record, the text in the quote box in IgnatiusJDonnelly's post just above this one is all from Lousy1, not me.

[annoyedbeyond]

She's a 16yr old kid that had her boyfriend shot point-blank in the chest while she was talking to him on the phone.

She had a boyfriend; it wasn't Trayvon.
She didn't really seem to care.

I can't remember how much of the information I have was actually put into evidence so I guess I won't go any further until I re-read, but suffice to say--if she takes the stand, it will be interesting.

[AJ]

She had a boyfriend; it wasn't Trayvon.
She didn't really seem to care.

I can't remember how much of the information I have was actually put into evidence so I guess I won't go any further until I re-read, but suffice to say--if she takes the stand, it will be interesting.

You almost got it all! She wasn't on the phone with him when he got shot, it disconnected before. (If you hadn't quoted him, I wouldn't have seen it lol)

[IgnatiusJDonnelly]

Just for the record, the text in the quote box in IgnatiusJDonnelly's post just above this one is all from Lousy1, not me.

Whoops! Sorry

[annoyedbeyond]

You almost got it all! She wasn't on the phone with him when he got shot, it disconnected before. (If you hadn't quoted him, I wouldn't have seen it lol)

Yeah but I don't remember how much is actual evidence v. what's been discovered (and will probably become evidence once O'Mara starts), and since we've been asked to not talk about things that aren't actually evidence...even though some people do, I don't wanna piss of Jeralyn 

[TalkLeft]

Yeah but I don't remember how much is actual evidence v. what's been discovered (and will probably become evidence once O'Mara starts), and since we've been asked to not talk about things that aren't actually evidence...even though some people do, I don't wanna piss of Jeralyn 

Thanks, I appreciate that. I'm aware of what you are talking about.  I'm sure O'Mara is too. But until O'Mara refers to it in a pleading or statement or at a court hearing, or the state (as opposed to Team Crump) inaccurately describes her  or her relationship with Trayvon (which makes the information fair game) I'm asking that it not be discussed because it lwill just lead to a character attack on her.

[Lousy1]

She doesn't seem to have a good grasp of standard English. I remember one part where she said that Martin was talking low. It took me a while to figure out that she meant he was whispering. I also suspect she was terrified talking to the state attorney. However, they are talking about not having a trial until 2014, so could improve a lot in that time. I wonder what kind of testimony she is going to give when someone from
O'Mara's office interviews her.

It would make a great 'My Fair Lady' sub plot

O'Mara   It is now is 3:45 PM. We are...

DeeDee  Solicitor, If I might point out .. I find it positively, impossible to concentrate if you insist on serving tea in such shoddy ceramic.

[nomatter_nevermind]

DeeDee  Solicitor, If I might point out .. I find it positively, impossible to concentrate if you insist on serving tea in such shoddy ceramic.

Excellent.

Thanks for the laugh.

[nomatter_nevermind]

Kyreth:

What I think I'd heard/read is that if there's proven to be things untrue in those statements that might cause it to be allowed under the exceptions...so would things like Deedee saying Trayvon told her he was rushing because of the game, when there's seemingly proof that he was taking his sweet time...

...could that be the kind of thing that keeps her testimony from being allowed at all?

That must have been one of my comments. I don't think anyone else has taken an interest in this. I would like to hear what some of the lawyers think.

Fla. Stat. § 90.803:

SPONTANEOUS STATEMENT.—A spontaneous statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter, except when such statement is made under circumstances that indicate its lack of trustworthiness.

I googled for case law on this and didn't find anything on point. I did get the impression that trial judges have a lot of discretion in this area. In other words, if the trial judge admits Dee Dee's testimony, and Zimmerman makes that a ground for appeal, it's not likely the appellate court would overturn the conviction on that ground.

So, it's not a question of hard and fast rules, but of what the trial judge finds persuasive.

Again, that's a non lawyer's opinion/guess, and I'd really like to hear from the lawyers on this.

[cboldt]

Admissibility is different from credibility.  There are plenty of admissible witnesses/testimony that amount to bald-faced lies.  She can testify as to what she heard and what she said, but she can't provide opinion about the meaning of that.  Just to pick an example, she can't testify that Martin was scared.  That's a conclusion or opinion.  She can testify that he lowered his voice.

There are valid hearsay arguments that limit her testimony, but I think the court will allow most of her testimony to come in anyway (DeeDee's statements of Martin's descriptions of where he is or was; what he is observing or has observed).  "Spontaneous expression" is a form of hearsay that becomes admissible, because it is a spontaneous remark and therefore thought to be more reliably true.  A remark about rushing home to see a televised game is not a spontaneous remark.  There is lots of material on the web about the rationale of admitting spontaneous remark, but for example, see Alaska Rule 803 - Hearsay Exceptions.  "Excited Utterance" and "Spontaneous Exclamation" apply the same principle.

[Lousy1]

However, they are talking about not having a trial until 2014, so could improve a lot in that time. I wonder what kind of testimony she is going to give when someone from
O'Mara's office interviews her.

quickly>

I assume a SYG hearing could happen fairly quickly?
It also appears that O'Mara can force DeeDee to give a one deposition at short notice.

[cboldt]

I assume a SYG hearing could happen fairly quickly?
It also appears that O'Mara can force DeeDee to give a one deposition at short notice.

Scheduling of opposing witness depositions requires "reasonable written notice to each other party and shall make a good faith effort to coordinate the date, time, and location of the deposition to  accommodate the schedules of other parties and the witness to be deposed."  DeeDee is the only person in her group, unlike SPD witnesses (or residents of Retreat at Twin Lakes) who might be scheduled to appear in a common location, on a common day, etc.

O'Mara may want to have depositions of the eyewitnesses and 911 callers under his belt, before he deposes DeeDee, and all depositions will likely be taken before he moves for dismissal of the charge on the basis of immunity.