Motion to Disqualify Lester

[AJ]

I know that a previous poster said that Lester has 30 days to respond to the motion, but it still seems to me that Lester is taking his own sweet time. I can't believe that he hasn't made up his mind about how to respond. Is there any advantage to Lester in procrastinating on this? I mean the first week, he probably had to wait until the smoke stopped coming out of his ears, but now?

He's on vacation until the 29th (Sunday) so the earliest I'd expect anything would be Monday.

[FromBelow]

In his ruling today, the judge made no comment about the allegations of unfairness. He merely wrote that the motion was insufficient.

http://www.orlandosentinel.com/news/local/trayvon-martin/os-george-zimmerman-judge-stays-20120801,0,6382138.story

[FromBelow]

Lester's order dismissing motion to disqualify:

http://media.cmgdigital.com/shared/news/documents/2012/08/01/Order_Dismissing_Defendants_Motion_to_Disqualify_Trial_Judge.pdf

[annoyedbeyond]

So does the motion irritate him or does it make him stop and think a little? He'll be under even more scrutiny now after all, no?

[unitron]

Who knew KL did show tunes?

[cboldt]

So does the motion irritate him or does it make him stop and think a little? He'll be under even more scrutiny now after all, no?

He's irritated, in my opinion.  He's not even sure if this is a second motion that justifies recusal for bias, but paragraph numbered "9" the first motion cites the basis as 2.330(d)(2), recusal for a conflict of interest, and the motion that Lester ruled on cites 2.330(d)(1), recusal for bias.

The ruling essentially says that even if a judge jumps to conclusions adverse to a defendant (not jumps to adverse rulings, mind you, but prejudges the honesty of defendant and makes gratuitous adverse conclusions about defendant's intentions), that does not reach the threshold of bias under the law.

The question now is whether or not O'Mara will appeal the order.

[annoyedbeyond]

He's irritated, in my opinion.  He's not even sure if this is a second motion that justifies recusal for bias, but paragraph numbered "9" the first motion cites the basis as 2.330(d)(2), recusal for a conflict of interest, and the motion that Lester ruled on cites 2.330(d)(1), recusal for bias.

The ruling essentially says that even if a judge jumps to conclusions adverse to a defendant (not jumps to adverse rulings, mind you, but prejudges the honesty of defendant and makes gratuitous adverse conclusions about defendant's intentions), that does not reach the threshold of bias under the law.

The question now is whether or not O'Mara will appeal the order.

I didn't pay much attention originally as I agreed with The Hostess etc that Lester was looking for a way out and would (happily) go--but who does O'Mara appeal it to?

[Philly]

"The defendant's verified motion to disqualify judge is hereby denied as legally insufficient," Circuit Judge Kenneth Lester ruled.

http://usnews.nbcnews.com/_news/2012/08/01/13068375-judge-in-george-zimmerman-trial-refuses-to-step-down

[cboldt]

I didn't pay much attention originally as I agreed with The Hostess etc that Lester was looking for a way out and would (happily) go--but who does O'Mara appeal it to?

Lester doesn't want to formally admit he's biased.  I'm not surprised at all at this result.  His opinion is conclusory, however.  While he's not entitled to argue the facts, he is allowed to argue that those facts, presumed true, are insufficient evidence of bias.  Instead of arguing, he simply points to the same cases cited by de la Rionda.

O'Mara would appeal this decision to a District Court of Appeal.  He's may appeal it now, rather than at the conclusion of trial, because the issue becomes moot if Lester's decision is wrong.  Same with an adverse conclusion of a Dennis hearing (776.032 immunity), it can be appealed before the trial, because the point of the immunity statute is to avoid the ordeal of trial.

[FromBelow]

I have doubts that any Judge would overrule Lester who is one of the highest-ranked jurists in Central Florida. Some people like to think Judges are impartial, but it seems to me you can't get away from politics and friendships.

[cboldt]

I have doubts that any Judge would overrule Lester who is one of the highest-ranked jurists in Central Florida. Some people like to think Judges are impartial, but it seems to me you can't get away from politics and friendships.

Lester has been overruled before.  Jeralyn posted a list of reversals on appeal, when Reickseidler recused herself and Lester was selected to preside over this case.

IMO, on the most basic of principles, O'Mara has to appeal this.  O'Mara says the judge is biased, the judge says "no, I'm not."  If O'Mara believes the judge is biased, he won't accept an "I'm not biased" ruling from the judge that he thinks is biased.

Plus, if all the "players" prefer delay to resolution, this is a win, all around.

[dragon ash]

Lester doesn't want to formally admit he's biased.

Do you think he -is- biased? GZ tried to pull a fast one over the court and he got a slap on the wrist for it. I fail to see how this means the judge is inherently 'biased' and can't be fair.

I have subordinates that have screwed up in the past that I still give fair (and, when deserving, very positive) appraisals.

Maybe we could just assume that a highly-rated judge just might be good at his job?

[annoyedbeyond]

Do you think he -is- biased? GZ tried to pull a fast one over the court and he got a slap on the wrist for it. I fail to see how this means the judge is inherently 'biased' and can't be fair.

I have subordinates that have screwed up in the past that I still give fair (and, when deserving, very positive) appraisals.

Maybe we could just assume that a highly-rated judge just might be good at his job?

So wait--you pick the tiniest of nits of every aspect of GZ's story, but you're willing to just throw a giant "just might be good at his job" blanket over Lester, when he's made a few very unjudicial (IMO anyway) statements?

And I'm not willing to concede the point about GZ pulling a fast one on the court, but I don't know as this is thread for it.

[Lousy1]

Do you think he -is- biased? GZ tried to pull a fast one over the court and he got a slap on the wrist for it. I fail to see how this means the judge is inherently 'biased' and can't be fair.

I have subordinates that have screwed up in the past that I still give fair (and, when deserving, very positive) appraisals.

Maybe we could just assume that a highly-rated judge just might be good at his job?

Many may construe your support of Lester as further evidence that Lester is both biased and incapable deductive logic.

[DebFrmHell]

Do you think he -is- biased? GZ tried to pull a fast one over the court and he got a slap on the wrist for it. I fail to see how this means the judge is inherently 'biased' and can't be fair.

I have subordinates that have screwed up in the past that I still give fair (and, when deserving, very positive) appraisals.

Maybe we could just assume that a highly-rated judge just might be good at his job?

How do you consider the new bond as a "slap on the wrist?"