Author Topic: Dee Dee's Statement to SAO (Partial Transcript)  (Read 41593 times)

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Offline cboldt

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Re: Deposition
« Reply #90 on: July 24, 2012, 11:05:06 AM »
There is one theory that I think is reasonably possible that has Dee Dee egging on TM to go back and confront Z.  Not saying its true or we have any evidence of this as of today, but if Dee Dee did in fact egg on TM to stick up for his manhood so to speak, do you think she would plead the 5th to any questions regarding that?

No.  She'd just persist in whatever narrative she's giving.  Taking the 5th would be a giveaway that something is hinky.

Same (stick to the narrative) is true if she's trying to preserve a certain memory of Martin.

Offline TalkLeft

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #91 on: July 24, 2012, 11:18:04 AM »
A witness can have a lawyer at a deposition.  As to the depositions, they can be used for impeachment. Both sides get to depose witnesses. Florida is unusual that way. Most states don't let the defense depose cops and alleged victims prior to trial.

Florida RULE 3.220. DISCOVERY (excerpt on depositions)

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Any deposition taken pursuant to this rule may be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness... A witness who refuses to obey a duly served subpoena may be adjudged in contempt of the court from which the subpoena issued.

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(A) The defendant may, without leave of court, take the deposition of any witness listed by the prosecutor as a Category A witness or listed by a co-defendant as a witness to be called at a joint trial or hearing. After receipt by the defendant of the Discovery Exhibit, the defendant may, without leave of court, take the deposition of any unlisted witness who may have information relevant to the offense charged. The prosecutor may, without leave of court, take the deposition of any witness listed by the defendant to be called at a trial or hearing.

(B) No party may take the deposition of a witness listed by the prosecutor as a Category B witness except upon leave of court with good cause shown. In determining whether to allow a deposition, the court should consider the consequences to the defendant, the complexities of the issues involved, the complexity of the testimony of the witness (e.g., experts), and the other opportunities available to the defendant to discover the information sought by deposition.

(C) A witness listed by the prosecutor as a Category C witness shall not be subject to deposition unless the court determines that the witness should be listed in another category.

(D) No deposition shall be taken in a case in which the defendant is charged only with a misdemeanor or a criminal traffic offense when all other discovery provided by this rule has been complied with unless good cause can be shown to the trial court.

Also

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(l) Protective Orders.

(1) Motion to Restrict Disclosure of Matters. On a showing of good cause, the court shall at any time order that specified disclosures be restricted, deferred, or exempted from discovery, that certain matters not be inquired into, that the scope of the deposition be limited to certain matters, that a deposition be sealed and after being sealed be opened only by order of the court, or make such other order as is appropriate to protect a witness from harassment, unnecessary inconvenience, or invasion of privacy, including prohibiting the taking of a deposition. All material and information to which a party is entitled, however, must be disclosed in time to permit the party to make beneficial use of it.

(2) Motion to Terminate or Limit Examination. At any time during the taking of a deposition, on motion of a party or of the deponent, and upon a showing that the examination is being conducted in bad faith or in such manner as to unreasonably annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the circuit court where the deposition is being taken may (1) terminate the deposition, (2) limit the scope and manner of the taking of the deposition, (3) limit the time of the deposition, (4) continue the deposition to a later time, (5) order the deposition to be taken in open court, and, in addition, may (6) impose any sanction authorized by this rule. If the order terminates the deposition, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of any party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order.

(m) In Camera and Ex Parte Proceedings.

(1) Any person may move for an order denying or regulating disclosure of sensitive matters. The court may consider the matters contained in the motion in camera.
(2) Upon request, the court shall allow the defendant to make an ex parte showing of good cause for taking the deposition of a Category B witness.
(3) A record shall be made of proceedings authorized under this subdivision. If the court enters an order granting relief after an in camera inspection or ex parte showing, the entire record of the proceeding shall be sealed and preserved and be made available to the appellate court in the event of an appeal.

Offline leftwig

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #92 on: July 24, 2012, 11:21:51 AM »
We don't know how Dee Dee would respond to this line of questioning (whether she prodded TM to confront Z), but I'd bet a fair amount it will be questions that the defense will ask.  If her lawyer is present, do you not think they would advise her not to respond to such questions (only way would be to plead the  5th assuming the line of questioning has relevance to the case and a court order was in place compelling her to answer), or advise her to keep to the script even if that means giving false answers?

Again, this questioning by the defense hasn't happened yet, but if they depose her, they most likely will ask.  I'm not postulating that this is indeed what occurred the night of the shooting, I'm just trying to get clarification if she could indeed plead the 5th during this deposition and if she does, would it automatically make her a suspect of some crime (accomplice in assault on Zimmerman)?
« Last Edit: July 24, 2012, 11:23:34 AM by leftwig »

Offline DebFrmHell

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #93 on: July 24, 2012, 11:30:55 AM »
We don't know how Dee Dee would respond to this line of questioning (whether she prodded TM to confront Z), but I'd bet a fair amount it will be questions that the defense will ask.  If her lawyer is present, do you not think they would advise her not to respond to such questions (only way would be to plead the  5th assuming the line of questioning has relevance to the case and a court order was in place compelling her to answer), or advise her to keep to the script even if that means giving false answers?

Again, this questioning by the defense hasn't happened yet, but if they depose her, they most likely will ask.  I'm not postulating that this is indeed what occurred the night of the shooting, I'm just trying to get clarification if she could indeed plead the 5th during this deposition and if she does, would it automatically make her a suspect of some crime (accomplice in assault on Zimmerman)?

Can Crump be her lawyer too?  Or would that be considered a conflict of interest?

Honestly, I never thought about DD goading TM. 

Offline nomatter_nevermind

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Re: Deposition
« Reply #94 on: July 24, 2012, 11:41:15 AM »
I'm not familiar enough with her statements about "crazy" or "creepy," to know if she injects those, or if she is claiming to be repeating what Martin said.

She claims to be quoting Martin directly. This was discussed on a blog thread.


Offline nomatter_nevermind

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #95 on: July 24, 2012, 11:49:52 AM »
Can Crump be her lawyer too?  Or would that be considered a conflict of interest?

That would be a conflict.

I read long ago that Dee Dee had a lawyer, but that was from anonymous sources.

It just occurred to me that she didn't have one on April 3, or he would have been present for the SAO interview.

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Honestly, I never thought about DD goading TM.

That theory has been around for awhile.

If that's what Dee Dee was feeling guilty about, I doubt she would volunteer those feelings to a prosecutor. Other than that, I don't know of anything for or against the theory.


Offline cboldt

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #96 on: July 24, 2012, 11:56:15 AM »
We don't know how Dee Dee would respond to this line of questioning (whether she prodded TM to confront Z), but I'd bet a fair amount it will be questions that the defense will ask.  If her lawyer is present, do you not think they would advise her not to respond to such questions (only way would be to plead the  5th assuming the line of questioning has relevance to the case and a court order was in place compelling her to answer), or advise her to keep to the script even if that means giving false answers?

Again, this questioning by the defense hasn't happened yet, but if they depose her, they most likely will ask.  I'm not postulating that this is indeed what occurred the night of the shooting, I'm just trying to get clarification if she could indeed plead the 5th during this deposition and if she does, would it automatically make her a suspect of some crime (accomplice in assault on Zimmerman)?

I assume Crump will be there, but more to give DeeDee moral support, and to intimidate O'Mara.  I don't think he'll advise DeeDee to take the 5th, at any point.  That would be a huge red flag.  I think he'll just object to certain questions and leading and/or irrelevant, and/or indefinite, and/or "badgering."

She could, theoretically, plead the 5th, but I don't know what crime is involved in goading somebody to get physical, solicitation maybe (F.S. 777.04).  I'd think she's in greater hot water for false statements (F.S. 837.05), as the state has sunk millions of dollars into a prosecution, largely on her testimony.  Not that the state would prosecute her even if it had a solid case.

Offline RickyJim

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #97 on: July 24, 2012, 12:08:24 PM »
(A) The defendant may, without leave of court, take the deposition of any witness listed by the prosecutor as a Category A witness or listed by a co-defendant as a witness to be called at a joint trial or hearing. After receipt by the defendant of the Discovery Exhibit, the defendant may, without leave of court, take the deposition of any unlisted witness who may have information relevant to the offense charged. The prosecutor may, without leave of court, take the deposition of any witness listed by the defendant to be called at a trial or hearing.

(B) No party may take the deposition of a witness listed by the prosecutor as a Category B witness except upon leave of court with good cause shown. In determining whether to allow a deposition, the court should consider the consequences to the defendant, the complexities of the issues involved, the complexity of the testimony of the witness (e.g., experts), and the other opportunities available to the defendant to discover the information sought by deposition.


So is DeeDee a Category A or Category B witness?  If I were the prosecution, I would not be happy at all with the prospect of DeeDee being deposed by the defense.  Could they stricken her name from both Category A and B and fight any attempt for the defense to question her?

Offline leftwig

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #98 on: July 24, 2012, 12:26:20 PM »
That theory has been around for awhile.

If that's what Dee Dee was feeling guilty about, I doubt she would volunteer those feelings to a prosecutor. Other than that, I don't know of anything for or against the theory.

There were two things in her statement with BDLR that at least give rise to question her account on the matter of possibly encouraging TM to confront Z.  The first is the one mentioned and her spontaneous admission of feeling guilty.  I certainly understand remorse, but I'm not sure she'd feel guilty if her statements about telling her to run are accurate.  What actually raises more of a concern over her statement about feeling guilt is BDLR's follow up.  He seemed surprise at this admission and instead of asking why she felt guilty he gives her the answer and cuts off the questing at her "mmm,hmm" response.  I'm not sure I'd give Dee Dee enough credit to be able to hide any spontaneous reaction to feeling guilt.  I think she was hand held through the interview by BDLR and given little opportunity to move to far from responses to specific questions.  I think one of the few spontaneous moments in the interview (where Dee Dee was just being Dee Dee) was when she volunteered the feeling of guilt.  BDLR clearly didn't expect it.

The second part of the interview that had me wondering about her role was how defensive she got when BDLR suggested she yelled at TM.  BDLR was talking about her yelling at him to go inside or run home and she got real defensive at him using the term yelling.  I don't really get that unless she was thinking of some other yelling she had directed towards TM.  Obviously we don't know, but it almost seemed is if she was tying the yelling comment to her having guilt and felt like she took the comment like she was being accused of something.

And lastly, we know that TM didn't just go inside his home even though it seems quite apparent that he had opportunity to do so.  I have a hard time believing he would have stayed on the phone with her if she was telling him to do the opposite of what he was actually doing.  I know I don't like being nagged and I certainly wouldn't have continued this phone conversation if I was heading back to the 'T'. 

Certainly none of this is proof she encouraged TM to confront Z, but I do think its a possibility and one that the defense will explore in her deposition.

CBoldt, thanks for your responses and the law you cite is the one I was considering.  Seems relatively benign in nature considering the other charges in this case, but when the result is an assault and battery, eventually leading to a dead teenager and possible murder, this charge could have more serious consequences.  Would probably be darn near impossible to prosecute, unless the text message(s) had some corroborating information.

Offline MJW

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #99 on: July 24, 2012, 12:32:22 PM »
So is DeeDee a Category A or Category B witness?

Category A.  She's listed in the state's first discovery exhibit.

Offline nomatter_nevermind

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #100 on: July 24, 2012, 01:40:38 PM »
I assume Crump will be there,

Would Crump be allowed to be present, if he's not representing Dee Dee?

Offline MJW

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #101 on: July 24, 2012, 01:43:50 PM »
There were two things in her statement with BDLR that at least give rise to question her account on the matter of possibly encouraging TM to confront Z.

Another thing that could be seen as as evidence for or against that theory is DeeDee's reference to Martin as a "Momma's boy" and saying his problem is that he wouldn't fight.  On the one hand, those are exactly the sort of taunts that would encourage Martin to prove himself.  On the other hand, if DeeDee were feeling guilty about goading Martin into a fight, she would probably see those opinions as leading to Martin's death, and be unlikely to still hold them.

Offline cboldt

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #102 on: July 24, 2012, 01:46:33 PM »
Would Crump be allowed to be present, if he's not representing Dee Dee?

No.

I assumed he was her counsel for purposes of her involvement in this case, as she "spoke through him" initially.  That could all be changed, by now.

Offline TalkLeft

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #103 on: July 24, 2012, 10:19:13 PM »
This thread is about Dee Dee's statement. It's not about Trayvon's character. And discussions of Trayvon's character are not welcome here unless and until the defense files something or says something specifically raising it.

Offline nomatter_nevermind

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Re: Dee Dee's Statement to SAO (Partial Transcript)
« Reply #104 on: July 24, 2012, 10:43:42 PM »
Mary2012
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GZ (might've) followed TM by turning right at the T-intersection (heading south after TM).  TM seeing GZ then "ran from the back"

SAO Statement, 7:20-27
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Dee Dee: So I said 'What's going on?' He said this man is still watching him, like in a car, so he about to run from the back.

Mary2012, I've made this point before and you've ignored it. What part of 'in a car' don't you understand?

 

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