Author Topic: GZlegalCase says there will be a SYG hearing  (Read 8357 times)

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Offline FromBelow

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GZlegalCase says there will be a SYG hearing
« on: August 08, 2012, 07:53:44 PM »
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Now that the State has released the majority of their discovery, the defense asserts that there is clear support for a strong claim of self-defense. Consistent with this claim of self-defense, there will be a “Stand Your Ground” hearing.

With Lester as judge? I wonder if MOM thinks he's going to win an appeal to disqualify Lester. Maybe he thinks his case is so strong he will get SYG regardless of the judge? Maybe just using SYG hearing to test the State's case before a trial?

http://gzlegalcase.com/index.php/press-releases/42-there-will-be-a-stand-your-ground-hearing-in-the-george-zimmerman-case
« Last Edit: August 08, 2012, 08:00:13 PM by FromBelow »

Offline MJW

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Re: GZlegalCase says there will be a SYG hearing
« Reply #1 on: August 08, 2012, 07:57:39 PM »
Whoa! Big news.

More than one person (though not necessarily on this blog) will have to eat a bit of crow. I'm eagerly looking forward to the GZLegalCase posting.
« Last Edit: August 08, 2012, 08:00:02 PM by MJW »

Offline jupchurch

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Re: GZlegalCase says there will be a SYG hearing
« Reply #2 on: August 08, 2012, 09:14:50 PM »
I seem to recall that Jeralyn said that it is unlikely that a judge would rule in Zimmerman's favor in a SYG hearing in such a high-profile case. They would rather push the decision to a jury. Did I misremember? It makes be wonder what kind of evidence O'Mara has uncovered, that would give them an obvious preponderance of the evidence.


Offline FromBelow

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Re: GZlegalCase says there will be a SYG hearing
« Reply #3 on: August 08, 2012, 09:20:46 PM »
I think she may have and she's probably right. This case has never been about justice or the law. If it was GZ would never have been arrested or charged. IMO

Offline Lousy1

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Re: GZlegalCase says there will be a SYG hearing
« Reply #4 on: August 08, 2012, 09:25:26 PM »
I think she may have and she's probably right. This case has never been about justice or the law. If it was GZ would never have been arrested or charged. IMO

Has Lester ruled on the SYG motion yet or does he have to pretend to hear the evidence?

Offline MJW

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Re: GZlegalCase says there will be a SYG hearing
« Reply #5 on: August 08, 2012, 09:39:37 PM »
I seem to recall that Jeralyn said that it is unlikely that a judge would rule in Zimmerman's favor in a SYG hearing in such a high-profile case. They would rather push the decision to a jury. Did I misremember? It makes be wonder what kind of evidence O'Mara has uncovered, that would give them an obvious preponderance of the evidence.
An adverse decision could be appealed to the district court.

Offline DebFrmHell

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Re: GZlegalCase says there will be a SYG hearing
« Reply #6 on: August 08, 2012, 10:09:38 PM »
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From GZLegal:

In the case against George Zimmerman, a “Stand Your Ground” hearing will essentially be a mini-trial. Most of the arguments, witnesses, experts, and evidence that the defense would muster in a criminal trial will be presented in the “Stand Your Ground” hearing.

I find this to be the most interesting part of the post about the hearing.  Even if it is all for naught, the Defense will have locked in testimony from all of the experts, and witnesses and heard the arguments the State intends to present in the event of a trial.

IMO... For some reason, I don't think MOM thinks he will win it simply because I don't think a judge that wants to continue being a judge would rule in his favor.  Especially, if that judge is Lester.   Also, he can go a long way in changing a lot of the misconceptions there are about his client.  Attitudes changed after the first doc dump and people could actually see there was evidence in play that supported GZ's statements and that he actually was injured.

Too bad they can't have it before the November elections...  8-)

Offline Lousy1

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Re: GZlegalCase says there will be a SYG hearing
« Reply #7 on: August 08, 2012, 10:19:16 PM »
I find this to be the most interesting part of the post about the hearing.  Even if it is all for naught, the Defense will have locked in testimony from all of the experts, and witnesses and heard the arguments the State intends to present in the event of a trial.

IMO... For some reason, I don't think MOM thinks he will win it simply because I don't think a judge that wants to continue being a judge would rule in his favor.  Especially, if that judge is Lester.   Also, he can go a long way in changing a lot of the misconceptions there are about his client.  Attitudes changed after the first doc dump and people could actually see there was evidence in play that supported GZ's statements and that he actually was injured.

Too bad they can't have it before the November elections...  8-)

I think the headlines will probably come in discovery. Particularly in MOM decides to directly attack the 200 lb gorrilla - Martins motivation to attack Zimmerman.


Offline AJ

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Re: GZlegalCase says there will be a SYG hearing
« Reply #8 on: August 09, 2012, 12:18:07 AM »
Since we only have Zimmerman's word that Martin did attack, perhaps you could point out the actual evidence that a motive to do so existed.

We have more than that. Closing arguments from BDLR on June 1st says Mr. Martin did attack Mr. Zimmerman.

Offline unitron

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Re: GZlegalCase says there will be a SYG hearing
« Reply #9 on: August 09, 2012, 12:50:45 AM »
We have more than that. Closing arguments from BDLR on June 1st says Mr. Martin did attack Mr. Zimmerman.

I didn't say evidence of an attack, I said evidence of a motive.

We keep getting hints that there is one, only to have the hinter pull a Fermat's Last Theorem*


*("I have a truly marvelous demonstration of this proposition which this margin is too small to contain.""
Pierre de Fermat : 821)

Offline TalkLeft

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Re: GZlegalCase says there will be a SYG hearing
« Reply #10 on: August 09, 2012, 01:36:55 AM »
I didn't say evidence of an attack, I said evidence of a motive.

Unitron, you wrote "Since we only have Zimmerman's word that Martin did attack, perhaps you could point out the actual evidence that a motive to do so existed."  As  AJ just pointed out, and I have several times, the state's attorney conceded Martin hit Zimmerman. He has not alleged Zimmerman hit Martin first.

I deleted your comment because it was false -- and off topic. The topic is O'Mara's statement. You can discuss the facts for SYG in the SYG thread or an evidence thread.  TM's motive is also irrelevant to this discussion (and in my view to SYG and self-defense.  But there are threads discussing this. Let's keep this to O'Mara's statement and possible reasons for it and likely expectations.

Offline TalkLeft

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Re: GZlegalCase says there will be a SYG hearing
« Reply #11 on: August 09, 2012, 01:47:52 AM »
I seem to recall that Jeralyn said that it is unlikely that a judge would rule in Zimmerman's favor in a SYG hearing in such a high-profile case. They would rather push the decision to a jury. Did I misremember? It makes be wonder what kind of evidence O'Mara has uncovered, that would give them an obvious preponderance of the evidence.

I said very early on it was unlikely a judge would grant it due to the political fallout since they are elected in Florida. Later I focused only on Lester, saying I didn't think he would grant it. I now put the chances of Lester granting the motion at close to zero.

But yes, Zimmerman can seek a writ of prohibition if  Lester denies it.  (It's not an appeal but a writ of prohibition. See the Rice case from June, 2012.)

Maybe he plans to include the issues of the judge's perceived bias in a  writ of prohibition after denial of SYG, rather than filing a separate one now on the recusal issue alone. He probably figures Lester will make some more prejudicial comments about Zimmerman during the SYG hearing, and he can use them to support his writ of prohibition pointing out the cumulative pattern of bias since the early days.  Just a thought, since it doesn't seem like he's getting ready to file a writ of prohibition on the recusal.

Offline Lousy1

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Re: GZlegalCase says there will be a SYG hearing
« Reply #12 on: August 09, 2012, 03:46:52 AM »
I didn't say evidence of an attack, I said evidence of a motive.

We keep getting hints that there is one, only to have the hinter pull a Fermat's Last Theorem*


*("I have a truly marvelous demonstration of this proposition which this margin is too small to contain.""
Pierre de Fermat : 821)

I assume that MOM will need to delve into Martins character and behaviour patterns to establish a reasonable theory of Martins motivation. There could also be contemporaneous witness testimony concerning Martins activities over the previous 24 hours. We don't know until the defense completes discovery.


Offline Lousy1

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Re: GZlegalCase says there will be a SYG hearing
« Reply #13 on: August 09, 2012, 04:29:19 AM »

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*("I have a truly marvelous demonstration of this proposition which this margin is too small to contain.""
Pierre de Fermat : 821)
I assume that MOM will need to delve into Martins character and behaviour patterns to establish a reasonable theory of Martins motivation. There could also be contemporaneous witness testimony concerning Martins activities over the previous 24 hours. We don't know until the defense completes discovery.

You are aware of course that the rules of this forum about speculation concerning Martin et al until O'mara indicates that TM's character will be a subject of his presentation.

The margins are not big enough but there is a book available.

The authors are in the blocks, awaiting for MOM to fire the starters gun.

Offline unitron

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Re: GZlegalCase says there will be a SYG hearing
« Reply #14 on: August 09, 2012, 04:56:05 AM »
Unitron, you wrote "Since we only have Zimmerman's word that Martin did attack, perhaps you could point out the actual evidence that a motive to do so existed."  As  AJ just pointed out, and I have several times, the state's attorney conceded Martin hit Zimmerman. He has not alleged Zimmerman hit Martin first.

I deleted your comment because it was false -- and off topic. The topic is O'Mara's statement. You can discuss the facts for SYG in the SYG thread or an evidence thread.  TM's motive is also irrelevant to this discussion (and in my view to SYG and self-defense.  But there are threads discussing this. Let's keep this to O'Mara's statement and possible reasons for it and likely expectations.

Well, then, can we have a moritorium on the posts hinting about dirt on Martin existing?  Or be allowed to reply "put up or shut up"?

 

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