Author Topic: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery  (Read 18541 times)

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Offline cboldt

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #15 on: April 30, 2013, 07:36:43 AM »
Nelson is really going out on a limb by demanding to inquire of Zimmerman at this time.

She is determined to inquire.  O'Mara gets Nelson to admit that she is only asking whether or not Zimmerman is aware that his counsel has decided to forego pretrial immunity.

O'Mara asks the inquiry to be undertaken in camera, outside of open court.  This preserves defense strategy being disclosed to the state.  Nelson asks O'Mara to approach the bench, and she will disclose the question she is going to ask.

Offline nomatter_nevermind

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #16 on: April 30, 2013, 07:39:31 AM »
I think you heard right that experts are working on the audio

Yes, BDLR said experts are working on the audio. Nelson made him repeat it a few times.

Offline cboldt

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #17 on: April 30, 2013, 07:40:15 AM »
Still on the waiver of pretrial immunity hearing - long conference between O'Mara and Nelson.  No audio leaking out.

The state and defense are all at the bench, probably arguing whether or not immunity MUST be found before trial, or if a motion for immunity can be presented at points after the trial has been started.

Nelson announces the court will be in recess for five minutes (9:39 - 9:44 on my clock).  Looks like O'Mara won this one.

Offline nomatter_nevermind

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #18 on: April 30, 2013, 07:42:49 AM »
Is the door Zimmerman and his lawyers went through leading to chambers? Is Nelson hearing them ex parte?

Offline RickyJim

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #19 on: April 30, 2013, 07:43:48 AM »
We missed the handling of the first motion on data from the phones of George and Shellie Zimmerman.  Perhaps Rene has tweeted about that.  If anybody has seen anything like that, please post.

Offline nomatter_nevermind

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #20 on: April 30, 2013, 07:46:36 AM »
We missed the handling of the first motion on data from the phones of George and Shellie Zimmerman.  Perhaps Rene has tweeted about that.  If anybody has seen anything like that, please post.

Quote
Rene Stutzman ‏@renestutzman 38m

#GeorgeZimmerman hearing quickly turns dull as attorneys discuss phone records for Zim's, his wife's and Trayvon's phones.

ETA: That's all she said on the subject.

Offline nomatter_nevermind

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #21 on: April 30, 2013, 07:51:06 AM »
Zimmerman was sworn in open court.

Offline RickyJim

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #22 on: April 30, 2013, 07:52:20 AM »
It would be pretty exciting if there was GPS data to pinpoint Zimmerman's location during the NEN call.  I agree with Rene that if that wasn't discussed, the court discussion would be dull.

Offline cboldt

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #23 on: April 30, 2013, 07:54:39 AM »
Is the door Zimmerman and his lawyers went through leading to chambers? Is Nelson hearing them ex parte?

I think so.  Wasn't watching the video though.

Nelson is behind the bench.  Apparently, O'Mara wasn't informed that court was back in session, so a little longer delay in action.  O'Mara is back in - one more plea and alternative to the Court, that an affidavit be presented in lieu of court inquiry to Zimmerman.  Nelson intends to ask more that a simple awareness question, says O'Mara.  Nelson says she is only going to ask questions that have "Yes/No" answer.

Nelson ask questions.  You are Zimmerman, etc.  She says the state provides for a pretrial hearing on immunity, is Zimmerman aware of that?  Have you had conversations about filing an immunity motion and pretrial hearing?  Are you aware that your counsel had previously said they would be filing pretrial immunity?  Are you aware that no motion was filed?  Do you consent to counsel decision to not file a pretrial immunity motion?  Is it your decision to not have a pretrial immunity hearing? (After consultation with my counsel, yes).  So, all questions were on pretrial timing.

Offline nomatter_nevermind

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #24 on: April 30, 2013, 07:56:34 AM »
Stutzman calls immunity hearing "'stand ur ground'".

Offline nomatter_nevermind

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #25 on: April 30, 2013, 08:00:50 AM »
Everybody is being agreeable about the HOA settlement. Defense gets unredacted copy, public gets redacted one.

Sanctions coming up.

Offline cboldt

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #26 on: April 30, 2013, 08:01:29 AM »
Sounds as though the next issue will be unsealing the confidential settlement agreement.

Nelson will offer suggestion, that unredacted copy will remain under seal, but copied to defense and state.  Redacted copy will be made public.  I wonder if the other parties to the agreement will agree.

Nelson asks if any parties in the courtroom think this is not a fair resolution to the matter.  Nelson is screwing up, bigtime.  The issue of confidentiality is not as between the state and the defense, and the issue of releasing a redacted copy is not necessarily agreeable to the HOA insurer.

Issues of admissibility will be decided at trial.

Next up, Nelson wants to take up sanctions.  O'Mara wants to first take up the motion to strike the state's snippy response.

Offline cboldt

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #27 on: April 30, 2013, 08:09:31 AM »
O'Mara says that de la Rionda's drunken rant motion was loaded with insults, attacks and innuendo.  He says that the verdict has to be respected.  Hahahah.  O'Mara says he's not trying to jump up on a sandbox.

De la Rionda says his motion should not be stricken, and that the motion accurately reflects O'Mara's conduct, and should be part of the trial record.  Nelson is now on the dime.  Both sides are sticking to their guns.

Nelson says she wishes some of what is in de la Rionda's pleading wasn't there, and offers O'Mara can move to redact certain parts of it, if he wants.  What a b*tch - shifting the burden to O'Mara.  She also says she could redact portions of what O'Mara wrote.  Anyway, she gives O'Mara five days to present a list of redactions.

Now she gets to discovery violations.  She says she is conducting a Richardson hearing.  West is the first witness.

Offline Cylinder

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #28 on: April 30, 2013, 08:12:36 AM »
Did BDLR just threaten to spend the state's money to investigate Zimmerman's passport?

Offline cboldt

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Re: Apr. 30 Hearing on Sanctions, Immunity, HOA Settlement and Discovery
« Reply #29 on: April 30, 2013, 08:21:19 AM »
Did BDLR just threaten to spend the state's money to investigate Zimmerman's passport?

No.  He was just claiming that the state showed restraint by not seeking sanctions against O'Mara, for Zimmerman's passprot retention; and that the state spent considerable sums of money investigating all the stuff swirling around the bond hearing, including Shellie's alleged perjury.  The logic being that, since the state had to spend money chasing O'Mara's withhodling of evidence, O'mara should eat the costs associated with state screwups.  In fact, he is saying that O'Mara shouldn't have moved for sanctions against the state.

 

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