Author Topic: Motion to Disqualify Lester  (Read 30320 times)

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Offline dragon ash

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Re: Motion to Disqualify Lester
« Reply #60 on: August 01, 2012, 10:53:17 AM »
How do you consider the new bond as a "slap on the wrist?"
Because the judge could have revoked bail altogether, and he set the amount knowing that George had the ability to be released whenever he wanted.

I'm neither 'for' nor 'opposed' to Lester. I think the defense motion to have him removed was pure legal manuevering aimed at setting up an appeal if they get to trial and lose.

Offline DebFrmHell

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Re: Motion to Disqualify Lester
« Reply #61 on: August 01, 2012, 11:17:47 AM »
Because the judge could have revoked bail altogether, and he set the amount knowing that George had the ability to be released whenever he wanted.

I'm neither 'for' nor 'opposed' to Lester. I think the defense motion to have him removed was pure legal manuevering aimed at setting up an appeal if they get to trial and lose.

I don't think that he could legally refuse to set another bond.  Whether he wanted to or not.  Murder 2 is a bondable offense.  He took in the wishes of the Prosecution from the first hearing and set it a 1M.  And then there is the fact that Zimmerman didn't lie on his bail application.  There was no bail application.  As for the fleeing, I think that is just so much BS.  If Zimmerman wanted to go, he would have gone.  He turned over money and the passport, right?  So he still had a passport before the charge.  Yet he stayed.

Actually, I kind of liked Lester.  My big issue with him  was (and still is) that he refused to allow time for Zimmerman to attend his bond revocation.  "Reasonable notice" would have been a day considering they all knew he couldn't get there ASAP.  They are the ones that agreed to his release under certain conditions in the first place.  I believe that Zimmerman had his rights violated with that.  When he told "MOM to reply on the fly" I was flabbergasted.  That date was purely for Motions filed by the Media and there was no reason for Zimmerman to attend.

Zimmerman was a stooge for that fund shifting.  I think his bond should have been reset.   He sat in jail for an additional 29 days or so. 

Zimmerman's financial picture isn't any rosier than it was before, IMO.  The problem is now that the funds that are earmarked for his defense are being eaten in ways that didn't need to happen.  Wait for the time when MOM has to actually apply for financial aid from the state.   That will happen, eventually.




Offline annoyedbeyond

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Re: Motion to Disqualify Lester
« Reply #62 on: August 01, 2012, 11:43:57 AM »
What I don't understand is how, if Lester had to take everything O'Mara listed about him and his conduct as true--how could he find the motion insufficient? There's some pretty damning stuff in the defense's motion.

Offline TalkLeft

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Re: Motion to Disqualify Lester
« Reply #63 on: August 01, 2012, 12:00:20 PM »
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.

Judge Lester has been reversed several times by the Court of Appeals. I recapped some of the cases here.

Offline TalkLeft

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Re: Motion to Disqualify Lester
« Reply #64 on: August 01, 2012, 12:03:08 PM »
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.

It is not. This is about Judge Lester's ruling and the grounds for the motion and in oppositon.

Offline cboldt

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Re: Motion to Disqualify Lester
« Reply #65 on: August 01, 2012, 12:05:22 PM »
What I don't understand is how, if Lester had to take everything O'Mara listed about him and his conduct as true--how could he find the motion insufficient? There's some pretty damning stuff in the defense's motion.

Read de la Rionda's motion in opposition.  I think de la Rionda's argument is flawed (the precedents are easily distinguishable), but if you want to see "how" Lester gets from evidence to conclusion, the state's motion is as close as we're going to get.

Offline annoyedbeyond

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Re: Motion to Disqualify Lester
« Reply #66 on: August 01, 2012, 12:16:14 PM »
It is not. This is about Judge Lester's ruling and the grounds for the motion and in oppositon.

That was rhetorical, so Ash didn't think he was slipping something goofy by unchallenged.

Offline unitron

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Re: Motion to Disqualify Lester
« Reply #67 on: August 01, 2012, 01:30:52 PM »
... GZ tried to pull a fast one over the court ...

That's one interpretation of it, and apparently that's the way Lester sees it, but the way they blindsided O'Mara with it, and didn't really give him and Zimmerman a chance to offer a counter-explanation struck me as a bit petulant, and certainly not impartial.

Offline annoyedbeyond

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Re: Motion to Disqualify Lester
« Reply #68 on: August 01, 2012, 01:31:51 PM »
That's one interpretation of it, and apparently that's the way Lester sees it, but the way they blindsided O'Mara with it, and didn't really give him and Zimmerman a chance to offer a counter-explanation struck me as a bit petulant, and certainly not impartial.

This day just gets stranger and stranger.

 :o

 ;)

Offline IgnatiusJDonnelly

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Re: Motion to Disqualify Lester
« Reply #69 on: August 01, 2012, 02:05:03 PM »
That's one interpretation of it, and apparently that's the way Lester sees it, but the way they blindsided O'Mara with it, and didn't really give him and Zimmerman a chance to offer a counter-explanation struck me as a bit petulant, and certainly not impartial.

Shellie's reply was very slick. It will probably save her.

Offline DebFrmHell

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Re: Motion to Disqualify Lester
« Reply #70 on: August 01, 2012, 05:24:44 PM »
Shellie's reply was very slick. It will probably save her.

The may not be fair to say but I don't think that Shellie was being slick.  I think she told them exactly what they asked.

Offline annoyedbeyond

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Re: Motion to Disqualify Lester
« Reply #71 on: August 01, 2012, 05:57:15 PM »
The may not be fair to say but I don't think that Shellie was being slick.  I think she told them exactly what they asked.

I agree with you. She didn't seem capable of being slick.

Offline FromBelow

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Re: Motion to Disqualify Lester
« Reply #72 on: August 01, 2012, 06:09:45 PM »
Just to make sure I'm understanding this: MOM could appeal the decision now or wait and see how SYG or trial works out. Then if GZ is found guilty say "Hey! The judge was biased! We want a retrial!" Is that correct? If so, while expensive to go through a trial and see how it turns out, strategically would it be a good move to hold the judge's alleged bias in reserve as support for a retrial? I've read some posts on forums that suggest that by making this accusation MOM's created a "history" of sorts to support doing something like that.

I agree with you. She didn't seem capable of being slick.

OT, but from the sound of her voice when she answered the questions about knowledge of funds she did sound like she was trying to be clever in her answer.

Offline DebFrmHell

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Re: Motion to Disqualify Lester
« Reply #73 on: August 01, 2012, 07:59:57 PM »
Without Lester recusing himself that kind of throws any SYG hearing into doubt.  Lester has said twice now, on record, that the State's evidence is strong.  He totally dismissed the evidence that MOM introduced in the second bond hearing as a rebuttal from the first time Lester said it, again, and on the record.

So if Zimmerman cannot have a fair SYG hearing due to what the judge believes, it that a violation of his rights?  Does that mean that in the event of a trial, that Lester will exclude those instructions to a jury?  Or will the Defense have to fight him to include that in the jury instructions?

Offline annoyedbeyond

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Re: Motion to Disqualify Lester
« Reply #74 on: August 02, 2012, 06:27:44 AM »
Without Lester recusing himself that kind of throws any SYG hearing into doubt.  Lester has said twice now, on record, that the State's evidence is strong.  He totally dismissed the evidence that MOM introduced in the second bond hearing as a rebuttal from the first time Lester said it, again, and on the record.

So if Zimmerman cannot have a fair SYG hearing due to what the judge believes, it that a violation of his rights?  Does that mean that in the event of a trial, that Lester will exclude those instructions to a jury?  Or will the Defense have to fight him to include that in the jury instructions?

Unless part of the strategy is to drag this out until interest dies down (and a cynic might add various elections are over) at which point it's quietly disposed of either with a plea or dismissal?

As it is now O'Mara can appeal (and I believe has to appeal) Lester's ruling. Then if Lester stays and an SYG is held and not granted, O'Mara can (I believe?) appeal that--with Lester's statements and the motion to disqualify as reasons...and on it goes.

 

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