Author Topic: Motion to Disqualify Lester  (Read 30324 times)

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Offline nomatter_nevermind

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Naive Question
« Reply #15 on: July 14, 2012, 03:44:18 AM »
What if a motion to disqualify alleges facts that are clearly untrue? The movant could be charged with perjury for swearing to those facts, but it seems the judge would still have to recuse himself.

Offline cboldt

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Re: Naive Question
« Reply #16 on: July 14, 2012, 03:59:55 AM »
What if a motion to disqualify alleges facts that are clearly untrue? The movant could be charged with perjury for swearing to those facts, but it seems the judge would still have to recuse himself.

Another quirk of the legal system, although both defendant and his counsel seem to on the hook for making a false certification, so the chances of the event you describe is low.

Other have suggested that this accusation is something Lester sought, in order to get out of the case.  If that is so, this motion doesn't represent penalty, but is the reward he was seeking.  He might be pleased to grant a motion based on falsehood, and have, on top of that, perjury charges against Zimmerman and O'Mara.

Offline dragon ash

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Re: Motion to Disqualify Lester
« Reply #17 on: July 14, 2012, 04:53:35 AM »
The motion is 100% standard, and O'Mara is doing what any decent defense attorney would do: If needed, I believe the motion (if denied, as it will almost certainly be) could set up an appeal later on.

I don't read a whole lot into the motion. And honestly, it's not like the next judge isn't going to know that Zimmerman lied to the court. What if the next judge is even stricter? Better the devil you know, and all that.

Offline AJ

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Re: Motion to Disqualify Lester
« Reply #18 on: July 14, 2012, 05:00:02 AM »
I don't read a whole lot into the motion. And honestly, it's not like the next judge isn't going to know that Zimmerman lied to the court. What if the next judge is even stricter? Better the devil you know, and all that.

The current judge doesn't even know that.

Offline cboldt

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Re: Motion to Disqualify Lester
« Reply #19 on: July 14, 2012, 05:13:04 AM »
The motion is 100% standard, and O'Mara is doing what any decent defense attorney would do: If needed, I believe the motion (if denied, as it will almost certainly be) could set up an appeal later on.

I don't read a whole lot into the motion. And honestly, it's not like the next judge isn't going to know that Zimmerman lied to the court. What if the next judge is even stricter? Better the devil you know, and all that.

The motion, if denied, is immediate grounds for appeal.  I disagree that such a motion is 100% "standard," if by "standard" you mean it is commonly filed in a criminal case.

I don't read anything into the motion.  It says what it says, that based on the facts presented, Zimmerman does not believe he can receive a fair and impartial trial or hearing from Lester, because Lester is prejudiced against Zimmerman.  If the Florida Courts don't have resort to fair and impartial judges, then "the devil" is systemic, and represents that Florida's legal system isn't fair and impartial.

Based on his June 1 hearing and June 11 order setting detention on no-bond status, I'd say that Lester is flouting the law.

I do agree that there is some risk that the next judge will be even more biased than Lester.  Zimmerman might as well expose the systemic corruption, if he's going to be a pawn in their game.  IOW, if he's bound to lose, facts and law be damned, he might as well expose the system, lest the public conclude that the remarks in the July 5 order are a deviation from routine.

Offline nomatter_nevermind

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Well Said.
« Reply #20 on: July 14, 2012, 05:37:18 AM »
Zimmerman might as well expose the systemic corruption, if he's going to be a pawn in their game.  IOW, if he's bound to lose, facts and law be damned, he might as well expose the system, lest the public conclude that the remarks in the July 5 order are a deviation from routine.


Offline dragon ash

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Re: Well Said.
« Reply #21 on: July 17, 2012, 11:26:24 AM »
Judge Lester The State has issued a slap-down of epic proportions, all but screaming 'take this and shove it, bee-yatch'.

Defense's Motion to Disqualify Trial Judge is 'long on conjecture and irrelevant and inaccurate bombast...., short on actual fact, and devoid of legal merit'.

'Why this and other such matters is discussed in a motion to disqualify the judge is an open question; perhaps so it could be published by the media and defendant's website, and - without any response by the State - be wrongly perceived as accurate'.

http://www.scribd.com/doc/100330177/State-s-Response-to-Defendant-s-Verified-Motion-to-Disqualify-Trial-Judge-7-17-12
« Last Edit: July 17, 2012, 11:33:19 AM by dragon ash »

Offline Cylinder

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Re: Motion to Disqualify Lester
« Reply #22 on: July 17, 2012, 11:30:04 AM »
Errr...that's the state's response - not the court's.

Offline FromBelow

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Re: Motion to Disqualify Lester
« Reply #23 on: July 17, 2012, 11:31:08 AM »
Judge Lester has issued a slap-down of epic proportions. He's all but screaming 'take this and shove it, bee-yatch'.

That's not from Lester. That's from the State (prosecution).
« Last Edit: July 17, 2012, 11:34:07 AM by FromBelow »

Offline dragon ash

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Re: Motion to Disqualify Lester
« Reply #24 on: July 17, 2012, 11:34:35 AM »
My jaw was getting closer and closer to the floor as I read it - I was like, sh*t, if the Judge did write this GZ's screwed' :o

Offline Cylinder

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Re: Motion to Disqualify Lester
« Reply #25 on: July 17, 2012, 11:41:44 AM »
My jaw was getting closer and closer to the floor as I read it - I was like, sh*t, if the Judge did write this GZ's screwed' :o

You do realize why this comment is disgusting, right? You would be well-served to reflect on it.

Offline Lousy1

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Re: Motion to Disqualify Lester
« Reply #26 on: July 17, 2012, 11:46:02 AM »
I found the closing laughable-

Consul for the defendant has made similar Statements in Numerous Public Forums

Look the defense attorney made remarks outside of the courtroom  - yet Omara  dares criticise the judge for extrajudicial  comment!!

Guess they are aiming an emotional appeal to the ( mentally ponderous?) first arbitrator of the appeal

Offline FromBelow

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Re: Motion to Disqualify Lester
« Reply #27 on: July 17, 2012, 11:47:35 AM »
The fact that the state wrote such an attack on the defense's motion makes it pretty clear they know Lester is biased in their favor.

Offline FromBelow

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Re: Motion to Disqualify Lester
« Reply #28 on: July 17, 2012, 11:50:06 AM »
I found the closing laughable-

Consul for the defendant has made similar Statements in Numerous Public Forums

Look the defense attorney made remarks outside of the courtroom  - yet Omara  dares criticise the judge for extrajudicial  comment!!

Guess they are aiming an emotional appeal to the ( mentally ponderous?) first arbitrator of the appeal

That another thing. Remember when the State tried to gag MOM? It seems like they may be touching on reasons to try and gag him again.

http://articles.orlandosentinel.com/2012-05-01/news/os-george-zimmerman-gag-order-revisited-20120501_1_gag-order-second-degree-murder-special-prosecutor

Offline dragon ash

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Re: Motion to Disqualify Lester
« Reply #29 on: July 17, 2012, 11:51:39 AM »
You do realize why this comment is disgusting, right? You would be well-served to reflect on it.
Why don't you humor me.

 

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