Author Topic: Court cancels April 2 hearing  (Read 3350 times)

0 Members and 1 Guest are viewing this topic.

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Court cancels April 2 hearing
« on: March 28, 2013, 06:09:47 AM »
Quote
On Monday, March 25, the Court canceled the hearing previously scheduled on April 2. The Court did not consult with the defense before canceling the hearing. As there are only 74 days until trial, and as there are Motions before the Court, we hope to appear before the Judge for pending matters before the next hearing currently scheduled for April 30.

No mention of why the court canceled the hearing. It seems very suspicious to me in light of the defense's recent motions.

http://gzlegalcase.com/index.php/press-releases/131-regarding-the-next-hearing-date-in-the-zimmerman-case

EDIT: I'd assumed that it was canceled by agreement between state and defense. That seemed very odd to me considering the defense had submitted motions that would seem to be of some importance and how little time remained before trial. Apparently it was canceled by the court and not even by the state's request?
« Last Edit: March 29, 2013, 06:19:52 PM by TalkLeft »

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #1 on: March 28, 2013, 06:38:47 AM »
No mention of why the court canceled the hearing. It seems very suspicious to me in light of the defense's recent motions.

http://gzlegalcase.com/index.php/press-releases/131-regarding-the-next-hearing-date-in-the-zimmerman-case

EDIT: I'd assumed that it was canceled by agreement between state and defense. That seemed very odd to me considering the defense had submitted motions that would seem to be of some importance and how little time remained before trial. Apparently it was canceled by the court and not even by the state's request?

We don't know that the state didn't request the cancellation, only that it was canceled.  Given the public visibility of the case (and defense making it know that it did not request skipping this hearing), I expect the court will explain at some point.  Giving the benefit of the doubt, the cancellation is probably nothing more than a conflicting personal matter of Nelson, or a recently surfaced scheduling conflict (i.e., some other case).

Of the three matters that are in my mind (two motions for sanction, one motion to reconsider deposition of Crump), only the deposition of Crump has bearing on the substance of the case.

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #2 on: March 28, 2013, 07:03:46 AM »
We don't know that the state didn't request the cancellation, only that it was canceled.  Given the public visibility of the case (and defense making it know that it did not request skipping this hearing), I expect the court will explain at some point.  Giving the benefit of the doubt, the cancellation is probably nothing more than a conflicting personal matter of Nelson, or a recently surfaced scheduling conflict (i.e., some other case).

Of the three matters that are in my mind (two motions for sanction, one motion to reconsider deposition of Crump), only the deposition of Crump has bearing on the substance of the case.

IIRC just prior to recessing to review bios, Nelson asked MOM about the pre-trial hearing and rolling it into the trial, and the two weeks set aside in April for it. She talked about other litigants wanting to have their matters heard. She eventually stated "So I can free up April?" MOM responded with "Yes, certainly." Maybe it's a misunderstanding or a clerk believing all hearings scheduled in April are canceled?

EDIT: Starting at 44:10 in this video of the hearing.

https://www.youtube.com/watch?v=dUaNTlyKG8o
« Last Edit: March 28, 2013, 07:15:30 AM by FromBelow »

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #3 on: March 28, 2013, 07:24:26 AM »
IIRC just prior to recessing to review bios, Nelson asked MOM about the pre-trial hearing and rolling it into the trial, and the two weeks set aside in April for it. She talked about other litigants wanting to have their matters heard. She eventually stated "So I can free up April?" MOM responded with "Yes, certainly." Maybe it's a misunderstanding or a clerk believing all hearings scheduled in April are canceled?

EDIT: Starting at 44:10 in this video of the hearing.

https://www.youtube.com/watch?v=dUaNTlyKG8o

Thank you for the link to the hearing, and pointer to the exchange.  Nelson's initial question was about two weeks, for an immunity hearing.  Maybe she confused herself by transmogrifying her question about an immunity hearing into a request to be free of all matters Zimmerman (not just the immunity hearing) for the entire month of April.  IOW, when O'Mara hears "So I can free up April," he is thinking about the immunity hearing, mentally converting the question back to her initial one about his plans relating to the immunity hearing.  In hindsight, "Yes" was not a good answer.  He should have stated his intention in his own words, rather than allow himself to be led by the judge.

Offline Cylinder

  • Hero Member
  • *****
  • Posts: 730
  • Rate Post +0/-0
  • IANAL
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #4 on: March 28, 2013, 07:39:30 AM »
He should have stated his intention in his own words, rather than allow himself to be led by the judge.

It's not contained in that video, but Nelson addressed the staus conference seperately. I remember very specifically Nelson asking if the April 2 date wasn't used, she would like at least a couple of days advance, since she would actually be on vacation in the local area at that time.

Offline DebFrmHell

  • Hero Member
  • *****
  • Posts: 954
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #5 on: March 28, 2013, 07:45:57 AM »
It's not contained in that video, but Nelson addressed the staus conference seperately. I remember very specifically Nelson asking if the April 2 date wasn't used, she would like at least a couple of days advance, since she would actually be on vacation in the local area at that time.

I wonder if her vacation was the thing causing the problems with the deposition of W8.  Both the Defense and the Prosecution was apparently trying to resolve the video issue for 5 hours.

Was that at the being of court?  I will look on Diwata's site for it if you will give me some kind of area to search.

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #6 on: March 28, 2013, 07:48:09 AM »
Thank you for the link to the hearing, and pointer to the exchange.  Nelson's initial question was about two weeks, for an immunity hearing.  Maybe she confused herself by transmogrifying her question about an immunity hearing into a request to be free of all matters Zimmerman (not just the immunity hearing) for the entire month of April.  IOW, when O'Mara hears "So I can free up April," he is thinking about the immunity hearing, mentally converting the question back to her initial one about his plans relating to the immunity hearing.  In hindsight, "Yes" was not a good answer.  He should have stated his intention in his own words, rather than allow himself to be led by the judge.
Quite possibly it was a misunderstanding. Whatever the reason for the cancelation I think the defense can, as they indicated they will, request a hearing prior to the presumably still scheduled April 30th hearing. If Nelson denies it she's, IMO, on very shaky ground. She's often talked about how she would make herself available in order to address any motions and keep things progressing in a way that fits her schedule. If she wants to keep to her timeline then she can hardly blame the defense if she fails to make herself available to hear the motions.

I'm wondering if she will simply make a ruling based on the motions and responses and not on any verbal argument during a hearing. Can she do that? Essentially say there's no reason for a hearing because she read the motions and responses and made her decision?

Offline cboldt

  • Hero Member
  • *****
  • Posts: 1262
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #7 on: March 28, 2013, 07:57:22 AM »
It's not contained in that video, but Nelson addressed the staus conference seperately. I remember very specifically Nelson asking if the April 2 date wasn't used, she would like at least a couple of days advance, since she would actually be on vacation in the local area at that time.

Just the same, it is less ambiguous, there is less probability of misunderstanding, if O'Mara restates his intention instead of responding with a "Yes" or "No" answer.

Do you recall O'Mara's response to her question about April 2nd?  Was that exchange before or after O'Mara committing to -no- pretrial immunity hearing?  Just thinking that we all have a tendency to adopt the latest agreement, so that schedules may change.

In the scheme of things, we don't know if this cancellation amounts to a hill of beans.  Assuming she's on vacation, and there is no conflicting court matter, she may reverse the cancellation, or schedule some other date (before April 30) that is agreeable with O'Mara.  She might be angry that he aired the lack of meeting of the minds in public.

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #8 on: March 28, 2013, 07:57:37 AM »
It's not contained in that video, but Nelson addressed the staus conference seperately. I remember very specifically Nelson asking if the April 2 date wasn't used, she would like at least a couple of days advance, since she would actually be on vacation in the local area at that time.
Diwataman has the hearing in 3 parts.

Part 1: https://www.youtube.com/watch?v=dUaNTlyKG8o
Part 2: https://www.youtube.com/watch?v=zw4zYuDsmNM
Part 3 (presser): https://www.youtube.com/watch?v=6iqCcAzoW_0
 

Offline Cylinder

  • Hero Member
  • *****
  • Posts: 730
  • Rate Post +0/-0
  • IANAL
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #9 on: March 28, 2013, 08:05:34 AM »
Do you recall O'Mara's response to her question about April 2nd?  Was that exchange before or after O'Mara committing to -no- pretrial immunity hearing?  Just thinking that we all have a tendency to adopt the latest agreement, so that schedules may change.

My memory is that MOM expessed reasonable certainty that he would use the date to present motions before the court. Judge Nelson agreed to the date and asked him for advance cancellation - maybe it was 4 days instead of the usual 2, citing her vacation. MOM expressed regret about her using vacation time but Nelson assured him she would be spending time in the local area but advance notice of cancellation would add flexibility to her vaction schedule. It was never confusing to me at least. I'll see if I can find the video.

Offline Cylinder

  • Hero Member
  • *****
  • Posts: 730
  • Rate Post +0/-0
  • IANAL
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #10 on: March 28, 2013, 08:09:56 AM »
Part 2: https://www.youtube.com/watch?v=zw4zYuDsmNM

Thanks. Around 9:15 in that video. She first says 2 days to cancel, then she says 2 days either way. Clear as gumbo.

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #11 on: March 28, 2013, 08:15:30 AM »
Just the same, it is less ambiguous, there is less probability of misunderstanding, if O'Mara restates his intention instead of responding with a "Yes" or "No" answer.

Do you recall O'Mara's response to her question about April 2nd?  Was that exchange before or after O'Mara committing to -no- pretrial immunity hearing?  Just thinking that we all have a tendency to adopt the latest agreement, so that schedules may change.

In the scheme of things, we don't know if this cancellation amounts to a hill of beans.  Assuming she's on vacation, and there is no conflicting court matter, she may reverse the cancellation, or schedule some other date (before April 30) that is agreeable with O'Mara.  She might be angry that he aired the lack of meeting of the minds in public.

So Nelson apparently thought there wouldn't be any need for a hearing during an entire month considering her tight schedule? Does she just want to jump to the trial and ignore any of the defense's motions and ignore that the defense has both a right to discovery and prepare for the trial? It really does seem that way.

She talks about seating arrangements for a trial. Why? Is that really something a Judge would normally concern themselves's with? It's like she's trying to work out seating arrangements for a party she's hosting. She has to get it right or she might be seen as an inept hostess and her guests might complain they weren't given their proper place.

Offline FromBelow

  • Sr. Member
  • ****
  • Posts: 497
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #12 on: March 28, 2013, 08:23:35 AM »
Thanks. Around 9:15 in that video. She first says 2 days to cancel, then she says 2 days either way. Clear as gumbo.
Maybe Nelson believed that lack of confirmation from the defense that they had a need for the April 2 hearing meant there wouldn't need to be one. 9:35 in the linked video.

Offline nomatter_nevermind

  • Hero Member
  • *****
  • Posts: 5447
  • Rate Post +0/-0
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #13 on: March 28, 2013, 08:36:15 AM »
She talks about seating arrangements for a trial. Why? Is that really something a Judge would normally concern themselves's with?

Courtrooms aren't usually crowded. I would think it is only in high profile cases that reserving seating becomes a concern.

This isn't a social event. These arrangements will affect the ability of both parties to present their respective cases. Doing it badly could create an issue for appeal.

I think it is also courteous to the attorneys, for the judge to listen to their concerns herself, rather than telling them to go talk to her clerk.

I didn't hear O'Mara suggest that seating arrangements be left to a clerk, so there would be more time for important stuff.

Offline Cylinder

  • Hero Member
  • *****
  • Posts: 730
  • Rate Post +0/-0
  • IANAL
Re: Court canceled April 2 hearing without consulting with Defense
« Reply #14 on: March 28, 2013, 08:39:25 AM »
Maybe Nelson believed that lack of confirmation from the defense that they had a need for the April 2 hearing meant there wouldn't need to be one. 9:35 in the linked video.

Either way you slice it, his 2 business days weren't up. She may have something come up. I just hope O'Mara doesn't lose his most favored status over a trivial matter like this.

 

Site Meter
click
tracking