Author Topic: May 28 Court Hearing  (Read 18982 times)

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Offline TalkLeft

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May 28 Court Hearing
« on: May 28, 2013, 01:23:44 AM »
The pre-trial hearing gets underway at 9:00 a.m. ET.  As of now, none of the usual news sites that stream the hearings live have any links up or even mentions of live-streaming. If you find a link that broadcasts without commentary, let us know.

Here's a thead to discuss the proceedings.

Offline nomatter_nevermind

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Re: May 28 Court Hearing
« Reply #1 on: May 28, 2013, 06:18:48 AM »
RickyJim advised yesterday that WESH.com plans to cover it.

At the moment I don't see confirmation at the site.

Offline cboldt

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Re: May 28 Court Hearing
« Reply #2 on: May 28, 2013, 06:27:21 AM »
RickyJim advised yesterday that WESH.com plans to cover it.

At the moment I don't see confirmation at the site.

I've used clickorlando in the past.  See too, WPTV Live Video

Offline DebFrmHell

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Re: May 28 Court Hearing
« Reply #3 on: May 28, 2013, 06:42:44 AM »
RickyJim advised yesterday that WESH.com plans to cover it.

At the moment I don't see confirmation at the site.
WESH already has their video up and working.  Mark O'Mara is already there.

http://livewire.wesh.com/Event/Defense_to_ask_for_delay_in_George_Zimmerman_trial

Offline RickyJim

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Re: May 28 Court Hearing
« Reply #4 on: May 28, 2013, 06:43:09 AM »
Both of these links seem to be up and ready to go now:
1. Click Orlando
2. WESH.com

Offline cboldt

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Re: May 28 Court Hearing
« Reply #5 on: May 28, 2013, 07:05:02 AM »
First motion under consideration is the deposition of Shellie.

Bernardo argues she is listed as a defense witness, O'Mara affirmatively says she is not a defense witness.

Nelson grants the motion.  Shellie can plead the fifth on question by question basis, those questions will be certified to the court for ruling on a question by question basis.

Offline cboldt

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Re: May 28 Court Hearing
« Reply #6 on: May 28, 2013, 07:11:49 AM »
Nelson grants the state motion that O'Mara can't mention the penalty for 2nd degree murder.  She also grants the motion that the defense can't mention absence of felonies by Zimmerman, unless the state opens the door.

Next motion has to do with whether or not the defense can mention that the state did not call certain witnesses.  O'Mara makes note of the case law that allows him to remark in closing, provided he calls the witness.  Motion is granted (not much of an issue here, the case law is clear).

Next motion is the voice stress testing.  O'Mara concedes that this is not initially admissible by the defense.  But if Zimmerman's credibility becomes an issue, then he (O'Mara) thinks it should be admitted.  Motion granted, pending reversal at trail.  Neither party may mention these points in opening argument.

Next one is the self-serving hearsay by defendant.  Nelson says "Isn't this the kind of thing that is identified by objection at trial?"  West reminds the court that there are exceptions to hearsay.  Nelson grants the motion as to opening statements, and will consider objections as they are raised during the trial.

Offline DebFrmHell

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Re: May 28 Court Hearing
« Reply #7 on: May 28, 2013, 07:22:49 AM »
Did J Nelson limit the marijuana evidence to his prior use?  Or all of it?

Offline RickyJim

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Re: May 28 Court Hearing
« Reply #8 on: May 28, 2013, 07:24:08 AM »
Did I hear O'Mara just say he has a tape, made by Trayvon, of two buddies of his beating up a homeless person?

Offline annoyedbeyond

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Re: May 28 Court Hearing
« Reply #9 on: May 28, 2013, 07:24:36 AM »
Did I hear O'Mara just say he has a tape, made by Trayvon, of two buddies of his beating up a homeless person?

Yes. Yes he did.

Offline annoyedbeyond

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Re: May 28 Court Hearing
« Reply #10 on: May 28, 2013, 07:28:56 AM »
Is it just me or does Nelson seem very uninformed about the matters she's ruling on?

Offline cboldt

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Re: May 28 Court Hearing
« Reply #11 on: May 28, 2013, 07:32:10 AM »
Next up is state's motion re: Trayvon Martin.   Each evidentiary point will be addressed separately.  First, Martin suspensions from school.  O'Mara argues that it's off limits in opening, unless the state offers in opening that Martin is in Sanford for a monastic retreat (yes he said that), then O'Mara could counter the state's contention.  Nelson grants the state's motion re: school suspension records, and will not be mentioned at all without prior ruling from the court.

Marijuana use: O'Mara says this is particularly relevant for the defense.  There is lots of evidence that the marijuana use was a factor in the events.  THC could have affected Martin's judgment; Zimmerman's suspicion is justified by Martin looking as though he was on drugs.  Marijuana use is intertwined with the events the evening of 2/26/12.  He argues that precluding introduction of the evidence would be inappropriate.  State says this motion is just on prior use, not use on 2/26.  Nelson grants state's motion that previous use of marijuana will not be admitted.

Past acts - fighting.  State argues that specific acts of violence are not admissible because Zimmerman did not know the specific acts.  O'Mara counters that reputation evidence is admissible.  He also notes that Martin's own admissions (which Nelson suggests may not be able to be authenticated) show that he knows to punch in the nose, and to pin an opponent to the ground.  O'Mara mentions a tape made by Martin that shows two buddies of Martin beating up a homeless guy.  O'Mara tells the court that his intention to call this into evidence depends on how the state proceeds.

Clickorlando stream cut out on me.  I missed Nelson's order.

Next up is screen names used by Martin.  State says that the screen name would only be used to disparage Martin, and that it is hearsay.  O'Mara says it's appropriate to limit him in opening, but it may become relevant according to how the state presents Martin.  Nelson grants as to opening statements.  She reiterates her inclination to deny admission based on authentication, hearsay.

Next up is gold grills.  O'Mara has no objection.  Nelson says it is not relevant.  She grants the state's motion, it won;t be mentioned during trial.

Nelson blows by the school records issue, saying it was addressed previously.  O'Mara says no, that only suspensions were addressed.  Seems this is on the evidence of theft.  O'Mara argues that the school record of theft; Nelson says that nobody may discuss evidence of fighting.

Next is contents of text messages received by Martin before 2/26.  O'Mara says the theory of the case is that Martin started in.  So, the desire to buy guns, the familiarity with fighting, the drugs.  Nelson says the rules of evidence operate to preclude presentation of evidence of self defense.  Nelson grants the motion as to opening statements, and none of these will come up in the presence of the jury, unless the court rules otherwise during the trial.

I think she made the same ruling as to text messages received/sent on 2/26.

Offline cboldt

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Re: May 28 Court Hearing
« Reply #12 on: May 28, 2013, 07:34:33 AM »
Is it just me or does Nelson seem very uninformed about the matters she's ruling on?

I think she is informed, and she has no problem with cutting off defense ability to enter evidence that supports its theory.

Offline annoyedbeyond

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Re: May 28 Court Hearing
« Reply #13 on: May 28, 2013, 07:36:07 AM »
I think she is informed, and she has no problem with cutting off defense ability to enter evidence that supports its theory.

MOM just mentioned she's not well informed--he said she's even said it.

Offline cboldt

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Re: May 28 Court Hearing
« Reply #14 on: May 28, 2013, 07:36:53 AM »
Nelson granted the state motion to preclude introduction of opinion testimony.  This goes to the opinions of law enforcement and others that the case is politically motivated, and is not supported by the evidence.  Nelson grants the state motion and apprises the public that she thinks this evidence will never be found admissible.

 

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