Author Topic: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues  (Read 12769 times)

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Offline nomatter_nevermind

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #60 on: February 06, 2013, 10:13:14 AM »
Starting about 29:05, Judge Nelson said that the court report that takes W-8's oath, will also check her ID.

After this, if not before, the prosecution will be locked into a single, identifiable person as W-8.

Offline Evil Chinchilla

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #61 on: February 06, 2013, 11:04:26 AM »
I know this comment is a little "late to the party," but I was really surprised that Nelson refused to continue to November.

I would think all parties involved would jump at a chance to "kick the can down the road" a few months, and that this rescheduling would be especially appealing, since November is after the summer tourist season Florida gets so much state revenue from.

As it stands, if the results of either an immunity hearing or a trial go the wrong way, there's a chance of an angry backlash that could impact Disney/Epcot in nearby Orlando just as the peak period is underway.

Nelson's refusal to reschedule makes me wonder why she wouldn't take an opportunity to avoid that. I suppose it simply could be that she's only doing this one criminal case (including Shellie) and wants it all off her plate ASAP.

But could it also be that everything she's seen-- and more importantly, what she has not seen produced by the state-- so strongly argues self-defense that she's just going through the motions until she gets the opportunity to dismiss it?

Offline RickyJim

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #62 on: February 06, 2013, 11:19:37 AM »
Another possibility is that it is customary in Florida to only grant continuances when there is only a couple of months to go before trial and one party says they won't be ready.  Anybody know?

Offline Evil Chinchilla

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #63 on: February 06, 2013, 11:33:03 AM »
Another possibility is that it is customary in Florida to only grant continuances when there is only a couple of months to go before trial and one party says they won't be ready.  Anybody know?
If that were the case, wouldn't Nelson have said so herself? I'd think she'd know.

Offline MJW

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #64 on: February 06, 2013, 11:39:57 AM »
I know this comment is a little "late to the party," but I was really surprised that Nelson refused to continue to November.

I recall when she was first appointed to the case, articles mentioned that Nelson had a reputation for not granting continuances.

Offline RickyJim

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #65 on: February 06, 2013, 12:11:05 PM »
I would be surprised if the defense doesn't complete their depositions of Breton and DeeDee by the next hearing.  If my intuition is worth anything, they should have enough material from them to get a continuance or even a dismissal of charges.

Offline MJW

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #66 on: February 06, 2013, 12:47:40 PM »
I would be surprised if the defense doesn't complete their depositions of Breton and DeeDee by the next hearing.  If my intuition is worth anything, they should have enough material from them to get a continuance or even a dismissal of charges.

I'd be surprised if they depose W8 by the next hearing. The defense won a pretty big victory when Judge Nelson allowed the mini-deposition of W8 to verify her ID, get her address, and get her social-media handles.  The reason they want her social-media handles is so they can subpoena Facebook, Twitter, etc. to get her comments. They want those comments for use in her deposition. What if the social-media organizations fight the depositions? I think it's likely they will. I don't believe the defense will go on with the deposition unless they have absolutely no other choice. Will the judge demand they go forward, to avoid granting a continuance? I don't know, but I doubt it will be settled in a month.

Offline MJW

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #67 on: February 06, 2013, 01:23:18 PM »
What if the social-media organizations fight the depositions subpoenas?

Offline whonoze

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #68 on: February 06, 2013, 02:47:25 PM »
What if the social-media organizations fight the subpoenas?

MOM doesn't have the financial/legal resources to make Mark Zuckerberg even blink.

Offline RickyJim

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #69 on: February 06, 2013, 06:17:44 PM »
What is the Facebook/Twitter history in court?  They always fight subpoenas?  Certainly there have been divorces granted over Facebook contents and people have been suspended from school and fired from jobs.  Also, haven't some right wing sites guessed her correct handle and have downloaded her stuff a long time ago?

Offline MJW

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #70 on: February 06, 2013, 06:18:38 PM »
MOM doesn't have the financial/legal resources to make Mark Zuckerberg even blink.

If the court's decision depends on bribing the judges, I agree. If it depends on following the law, I think O'Mara has a good chance.

Offline nomatter_nevermind

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #71 on: February 06, 2013, 06:43:10 PM »
What is the Facebook/Twitter history in court?  They always fight subpoenas? 

I don't know the answer to that.

In this case, I think their incentive is much stronger than it would be typically. Information they promised to keep private may show up on national television.

Offline MJW

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #72 on: February 08, 2013, 07:41:24 PM »
An interesting YouTube video of a press conference by O'Mara following the hearing.

(Looks like were getting close the the point where Larry, Curly, and Moe will be a proper matter for discussion.)

Offline nomatter_nevermind

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #73 on: February 08, 2013, 07:58:49 PM »
Thanks for posting this.

I loved O'Mara's 'how I would have done it' criticism of the Crump interview/recording. I think he makes perfectly clear that Crump's excuses won't fly.

Offline nomatter_nevermind

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Re: Feb. 5 Hearing on Subpeona, Continuance, Discovery Issues
« Reply #74 on: February 08, 2013, 08:57:36 PM »
O'Mara said that FDLE has a map showing 'where Trayvon's cell phone was that day,' and he has known about it since 1/9.

Is this news, or something I missed?

I thought there was uncertainty about whether the 2/26/12 data was missing from the phone or just from the discovery. It seems it is the latter.

 

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