Author Topic: Motion to Disqualify Lester  (Read 30336 times)

0 Members and 1 Guest are viewing this topic.

Offline AghastInFL

  • Full Member
  • ***
  • Posts: 174
  • Rate Post +0/-0
Motion to Disqualify Lester
« on: July 13, 2012, 02:10:07 PM »
H/T to the CTH but here is a new motion filed to remove Lester:
http://www.scribd.com/doc/100020949/Motion-to-Disqualify-Lester

Offline Lousy1

  • Hero Member
  • *****
  • Posts: 4058
  • Rate Post +6/-30
  • Fetch my hammer
Re: Motion to Disqualify Lester
« Reply #1 on: July 13, 2012, 02:22:09 PM »
Wow - a broadside.

Offline AJ

  • Sr. Member
  • ****
  • Posts: 371
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #2 on: July 13, 2012, 02:26:00 PM »

Offline Lousy1

  • Hero Member
  • *****
  • Posts: 4058
  • Rate Post +6/-30
  • Fetch my hammer
Re: Motion to Disqualify Lester
« Reply #3 on: July 13, 2012, 02:43:03 PM »
I remember that after the second bail hearing Jeralyn remarked that GZ would never get a favorable SYG ruling from Lester. Got to respect her experience.

If that's the case, what does the defense have to lose? A hostile judge in a jury trial has less leeway to control the outcome. A neutral judge in a SYG hearing sounds like a walk.

Offline unitron

  • Hero Member
  • *****
  • Posts: 1060
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #4 on: July 13, 2012, 03:05:15 PM »
Was this Lester's sneaky plan all along to get out of having to have anything more to do with this case and let it be somebody else's headache?

Can't say I'd blame him.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #5 on: July 13, 2012, 03:22:19 PM »
Was this Lester's sneaky plan all along to get out of having to have anything more to do with this case and let it be somebody else's headache?

Can't say I'd blame him.

Even if it was, this pleading puts Lester in a bad light.  It's a statement that the system has a flaw (Lester), because justice is supposed to be impartial, and Lester isn't.

Offline AJ

  • Sr. Member
  • ****
  • Posts: 371
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #6 on: July 13, 2012, 03:31:21 PM »
So, Lester is the one who has to disqualify Lester - if Frances Robles (Miami Herald writer) is correct.

Is this correct? It seems odd that it would go to the person that the complaint is about.

If that is correct, opinions on whether or not he disqualifies himself.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #7 on: July 13, 2012, 03:38:49 PM »
So, Lester is the one who has to disqualify Lester - if Frances Robles (Miami Herald writer) is correct.

Is this correct? It seems odd that it would go to the person that the complaint is about.

If that is correct, opinions on whether or not he disqualifies himself.

The pleading is clear, that the rules provide a judge must self disqualify, if the motion is sufficient.  The judge does not get to argue the truth of the alleged facts, just whether or not those facts represent basis for a reasonably prudent person to fear that he could not get a fair and impartial trial from the judge.  O'Mara cites a few cases where a judge saying defendant is a liar is enough to reach this result.  But O'Mara has additional facts.

Anyway, the odd procedure is the way the system is set-up.  I assume O'Mara can appeal an adverse ruling, so Lester isn't the last word.

If my assumption that O'Mara has a right to appeal an adverse ruling, I'm hoping Lester continues on the path he's on, and issues an order denying the Motion.  I'd like a peek at how the appellate level views this case.

Offline Jozz

  • Full Member
  • ***
  • Posts: 77
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #8 on: July 13, 2012, 03:55:53 PM »
So, Lester is the one who has to disqualify Lester - if Frances Robles (Miami Herald writer) is correct.

Is this correct? It seems odd that it would go to the person that the complaint is about.

If that is correct, opinions on whether or not he disqualifies himself.

If he fails to disqualify himself it would open appeals or could be appealed to a higher court before the trial goes any further.

His interjection of his opinion in this case may have been his method of asking to be disqualified. I'm just glad that O'mara filed the motion and is taking this to the next level. It's time for him to play hardball.

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #9 on: July 13, 2012, 03:57:10 PM »
I'm hoping Lester continues on the path he's on, and issues an order denying the Motion.  I'd like a peek at how the appellate level views this case.

Reading the Rules of Judicial administration, if Lester denies the order, he does so on the basis that it is legally insufficient, and that's all he gets to say.  "An order of denial shall not take issue with the motion."  The judge is supposed to rule "immediately," but is given 30 days to make a decision.

If the motion is granted, rulings made by Lester in the 20 days preceding may be reconsidered and vacated or amended by a successor judge, on motion. [Actually, all rulings are subject to change on motion - 20 days is the time within which O'Mara has to file the motion for reconsideration, with 20 days starting on the day the disqualification order is entered]
« Last Edit: July 13, 2012, 04:01:06 PM by cboldt »

Offline Jujube

  • Full Member
  • ***
  • Posts: 107
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #10 on: July 13, 2012, 04:17:31 PM »
Florida is a such a "good ol' boy" state that I don't know if this was such a good idea.  The next judge might actually be worse. 

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Motion to Disqualify Lester
« Reply #11 on: July 13, 2012, 04:21:44 PM »
Florida is a such a "good ol' boy" state that I don't know if this was such a good idea.  The next judge might actually be worse.

Corey is going to object to the Motion for Disqualification.

Some of the judges in Florida may want to defend the impression that the state runs a clean operation.  They best be keeping their "good 'ol boy" rationales hidden.

Offline Lousy1

  • Hero Member
  • *****
  • Posts: 4058
  • Rate Post +6/-30
  • Fetch my hammer
Re: Motion to Disqualify Lester
« Reply #12 on: July 13, 2012, 06:43:21 PM »
The motion is damning.

Lester may have cooked his own goose when he opined that the defendant was preparing to flee. There are certainly other examples.


Its ironic that the same Lester assertions  the Zimmerman  haters were chortling over last week -about GZs total lack of credibility-  may become  the basis for a quick and satisfactory resolution of this witch hunt.

I can't understand why this guy is a judge.
« Last Edit: July 13, 2012, 06:44:59 PM by Lousy1 »

Offline TalkLeft

  • Administrator
  • Hero Member
  • *****
  • Posts: 1124
  • Rate Post +0/-0
    • TalkLeft: The Politics of Crime
Re: Motion to Disqualify Lester
« Reply #13 on: July 13, 2012, 09:19:21 PM »
I just wrote a long post on the motion]on the motion on TalkLeft's main page.

Remember when O'Mara said his strategy at the hearing on the motion to reset bond was part of a larger overall plan? I think this was what he was planning, and he was using that hearing to make the record for the recusal motion.

I did say Lester would never grant the SYG motion. I still believe that.  Lester  believed that the state's flimsy and misleading affidavit made for a strong case, and then didn't even comment on the defense evidence presented at the bond reset hearing, which he accepted as evidence and said he review.

I don't think he's critical to self-defense at the jury trial -- he can't deny Zimmerman the instruction based on Zimmerman's own statements -- but he could be critical and potentially  disasterous  on whether murder 2 gets to the jury.

I think that's one argument I would have added to O'Mara's motion: That the judge's view of whether the state has introduced enough evidence of Zimmerman's depraved state of mind to get to the jury on the murder 2 charge could be negatively influenced by his  views of Zimmerman's character and belief Zimmerman deceived and had no respect for the court and system. 

Since the only question will be whether taking Zimmerman's statements as true, Zimmerman's fear he won't get a fair shake from the judge is reasonable,  I think the judge should grant the motion. Who  in Zimmerman's position wouldn't have that fear at this point ?


 
« Last Edit: August 14, 2012, 03:19:16 PM by TalkLeft »

Offline TalkLeft

  • Administrator
  • Hero Member
  • *****
  • Posts: 1124
  • Rate Post +0/-0
    • TalkLeft: The Politics of Crime
Re: Motion to Disqualify Lester
« Reply #14 on: July 13, 2012, 09:31:57 PM »
Since this topic involves more than bond, I created a new category for "Court Matters" and moved the thead here.  Apologies for any confusion.

 

Site Meter
click
tracking