Author Topic: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues  (Read 12694 times)

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Offline RickyJim

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #30 on: February 05, 2013, 07:40:47 PM »
If BDLR did make a good point today it had to be why O'Mara and West didn't go to Cellebrite (sp?) with the prosecution to check out the analysis of Martin's phone.  Why did O'Mara make comments to the media that he suspected tampering because of the missing 2/26 data when he could have, apparently, questioned the technicians, in their lab, and found out the whole story?

Offline Kyreth

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #31 on: February 05, 2013, 07:54:54 PM »
If BDLR did make a good point today it had to be why O'Mara and West didn't go to Cellebrite (sp?) with the prosecution to check out the analysis of Martin's phone.  Why did O'Mara make comments to the media that he suspected tampering because of the missing 2/26 data when he could have, apparently, questioned the technicians, in their lab, and found out the whole story?

Bernie made it clear at the hearing that the offer was to go to Cellebrite (in New Jersey) to observe only.  They wouldn't have been allowed to ask questions, etc.

With those restrictions there probably wasn't much point to pay the expense to go to New Jersey, especially since there was no reason to guess that the data for 2/26 would end up missing.

Offline RickyJim

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #32 on: February 05, 2013, 08:05:35 PM »
Bernie made it clear at the hearing that the offer was to go to Cellebrite (in New Jersey) to observe only.  They wouldn't have been allowed to ask questions, etc.
Really?  When did he say that?  At about 10:10, on this version of the hearing, he said after describing the offer to the defense, "it's has been very thorough in terms of the opportunity for the evidence to be made available to the defense and the defense to depose the witnesses".

Offline nomatter_nevermind

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #33 on: February 05, 2013, 08:06:14 PM »
Why did O'Mara make comments to the media that he suspected tampering because of the missing 2/26 data when he could have, apparently, questioned the technicians, in their lab, and found out the whole story?

Assuming it was a mistake for O'Mara not to go to New Jersey, why would that be a reason for him not to suspect tampering?

Offline Kyreth

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #34 on: February 05, 2013, 08:12:32 PM »
Really?  When did he say that?  At about 10:10, on this version of the hearing, he said after describing the offer to the defense, "it's has been very thorough in terms of the opportunity for the evidence to be made available to the defense and the defense to depose the witnesses".

Later in the hearing.  Don't know offhand exactly where.

Offline FromBelow

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #35 on: February 05, 2013, 08:17:26 PM »
If Gutman runs out of things to investigate in Brazil, there's Paraguay, Uruguay, Argentina . . .

I hear Ecuador sometimes gives asylum.

Offline cashmere

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #36 on: February 05, 2013, 08:32:37 PM »
I just watched the entire link Jeralyn provided and later in the hearing, BDLA definitely states that O'Mara was invited to New Jersey but only as an observer and would not have been allowed to ask questions.

Offline RickyJim

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #37 on: February 05, 2013, 08:42:23 PM »
Later in the hearing.  Don't know offhand exactly where.
At 34:19, Bernie did say that it wasn't going to be a deposition but they could watch how everything was done.  I don't think that precluded them from asking questions of the technicians in an informal manner.  Apparently what will happen now is O'Mara will study the CD of data and then take Steve Breton(?)'s deposition.  Breton was the one who actually took the phone to Cellebrite.  Wouldn't it be useful to pick the technicians' brains a little?  Maybe he still can via phone.  It is unclear what contact he is allowed to have with them.
« Last Edit: February 05, 2013, 08:51:40 PM by RickyJim »

Offline whonoze

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #38 on: February 05, 2013, 08:54:12 PM »
It is my understanding that ABC asked to continue the supboena matter because Guttman is in Brazil and was unavailable to assist in preparing a response for today's hearing.

AFAIK, they have the Internet in Brazil, and Gutman could assist in prepping a response wherever he is, unless he's just too busy in the middle of some kind of story, but that wouldn't have anything to do with his physical location in the digital age.

But while that strikes me as a transparent excuse, I think it's way "out there" to imagine the stakes in the Zimmerman case are high enough for ABC to "hide" a correspondent by sending him out of the country. GZ and TM are last year's fishwrap to the networks, and they really don't give a hoot. I'm sure they want to keep the courts out of their archives, but beyond that generic motive, I doubt there's anything specific behind their request for a delay.

Offline TalkLeft

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #39 on: February 05, 2013, 08:54:44 PM »
They made it clear that he could only observe, not ask questions. Go listen again to the various points on that.  It's a fairly typical condition.


Offline MJW

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #40 on: February 05, 2013, 09:02:41 PM »
At 34:19, Bernie did say that it wasn't going to be a deposition but they could watch how everything was done.  I don't think that precluded them from asking questions of the technicians in an informal manner. 

You don't, eh? Well I gues it's settled. Even though BDLR said, "This isn't going to be a deposition; you can be present; you can watch while everything is done." Clearly, he meant, "This is going to be sort of like deposition; you can be present; you can watch while everything is done; you can ask questions."

Offline RickyJim

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #41 on: February 05, 2013, 09:05:41 PM »
They made it clear that he could only observe, not ask questions. Go listen again to the various points on that.  It's a fairly typical condition.
The exact quote is,
Quote
This isn't going to be a deposition.  You can be present.  You can watch how everything is done.
That is legalese for you can't ask a question?  Who gives BDLR the right to forbid questions?

Offline realitycheck

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #42 on: February 05, 2013, 09:06:22 PM »
Anybody catch this from Gutman TODAY:

http://abcnews.go.com/US/george-zimmerman-loses-bid-delay-summer-murder-trial/story?id=18410933

"Martin, 17, was shot and killed while walking home unarmed on Feb. 26, 2012, from a deli near his father's fiancee's house. "

Offline DebFrmHell

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #43 on: February 05, 2013, 09:27:18 PM »
Anybody catch this from Gutman TODAY:

http://abcnews.go.com/US/george-zimmerman-loses-bid-delay-summer-murder-trial/story?id=18410933

"Martin, 17, was shot and killed while walking home unarmed on Feb. 26, 2012, from a deli near his father's fiancee's house. "

I sent him a couple of tweets.  Told him he needs an editor.  He and Seni "hate" me.  Four or five tweets a month are considering badgering or something.  LOL.

Offline MJW

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #44 on: February 05, 2013, 09:29:05 PM »
The argument from Crump's attorney that in gathering information on W8, Crump was acting as a "private prosecutor" for the state, and the law is clear that a prosecutor can't be deposed, is about the stupidest legal argument I ever expect to hear.

 

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