May 28 Court Hearing

[cboldt]

Next up, motion to continue.  O'Mara says this is an ongoing issue due to delayed discovery.  He says he will be requesting a judicial inquiry into other discovery violations.

The other justification for continuance, Reich, may be addressed depending on court ruling.  Reich's report won't be done for another two weeks.  Reich refused to turn over his report done for WaPo based on the report being the property of WaPo.  O'Mara says he is looking for a several week to couple month delay.  O'Mara says there may be undiscovered discovery violations.

Bernardo is also waiting for defense.  The state objects to a continuance.

Nelson reviews her October order, which had a deadline of March for expert disclosure.  She also refers to defense motion to extend discovery to April 10/17, and defense statement that this would not jeopardize trial date.

She denies motion to continue, it's a final decision, she allows O'Mara to put something on the record.  He says the defense did not say it would be ready.  He points out that the state's delivery of expert material was not timely.  He goes through a list of e-mails sent to the state, looking for background/foundation on the experts, which have still not been responded to.

[DebFrmHell]

I don't understand how she can force the Defense to move forward when they don't have reports generated originally by the State.  Cboldt can you give a layman's version?

[Cylinder]

So I guess Mr. Mantei is an expert expert, right?

[cboldt]

O'Mara going through list of motions to confirm they have all been addressed.

State agrees all motions have been addressed.

Nelson says she will review suggested jury questionnaires.  June 6th from the parties is fine.  O'Mara asks if he can obtain Nelson's questions.  No.  She says O'Mara will see them at the same time the jurors do, June 10th.  Nelson says that jury questions are at court discretion, unless the parties have case law to the contrary.  She rejects the notion of a hearing to discuss the questionaire.

May 31st for juror anonimity / photography.
June 6/7 for Frye hearing and sanctions motion.

Court is in recess.

[annoyedbeyond]

This after action stuff between MOM and Bernie is great.

[cboldt]

I don't understand how she can force the Defense to move forward when they don't have reports generated originally by the State.  Cboldt can you give a layman's version?

She can do whatever she wants.  The ultimate test is O'Mara saying he wasn't ready, and she can go ahead anyway.  The appellate court will review the record and maybe revers Nelson.  Nelson's understanding is that the state has completed its disclosure obligations, and has done so "in a timely fashion," meaning it's all turned over, now.  If that understanding changes due to new facts coming in, she says she'll deal with it.

I think the dirty truth is that many trials are conducted with half-baked preparation.  Nelson's attitude appears to be that, save for clearly documented / authenticated withholding of evidence, is the issue of being unprepared is for the attorneys and appellate courts to sort out.

[Evil Chinchilla]

Did I hear O'Mara just say he has a tape, made by Trayvon, of two buddies of his beating up a homeless person?

If this is true, not only is it incredibly ironic in light of the whole Justin Collinson thing, but FL passed legislation in 2010 making attacks like this hate crimes:

"The bill was triggered by a 2006 spree of attacks by three Broward teens who beat homeless men for sport. The teens beat one sleeping homeless man to death with a baseball bat.

One of the non-fatal beatings was captured on video tape and gained national attention."

http://www.palmbeachpost.com/news/news/state-regional/homeless-hate-crime-bill-passes-florida-senate-des/nL6bz/

[nomatter_nevermind]

Seems this is on the evidence of theft.

You mean the jewelry? Evidence of theft from whom? Last I hear no one had reported any of those pieces to be stolen.

There seems to be a Miami Gardens police report (different jurisdiction from Miami Metro) whose subject has not been disclosed. Serino mentioned it in his report (36/184).

O'Mara argues that the school record of theft;

I didn't hear O'Mara say anything about theft.

Nelson says that nobody may discuss evidence of fighting.

I was sure she said evidence of fighting would be admissible.

[DebFrmHell]

I thought she said that, too, Nelson had several things that could not be discussed in opening arguments. I missed a lot of the hearing though.  Plumbing issues.  He showed up at 8:10am!

[who007]

...
I was sure she said evidence of fighting would be admissible.

Only after it passes legal hurdles, like hearsay and authentication.

Trayvon Martin Update: Judge blocks Zimmerman's defense from discussing Martin's alleged fighting, marijuana use

(CBS/AP) SANFORD, Fla. -- A Florida judge ruled Tuesday that George Zimmerman's defense may not bring up Trayvon Martin's past marijuana use, school suspensions or fighting at trial without another ruling granting them permission...

http://www.cbsnews.com/8301-504083_162-57586390-504083/trayvon-martin-update-judge-blocks-zimmermans-defense-from-discussing-martins-alleged-fighting-marijuana-use/

[RickyJim]

Here is what I could find about Wesley White who appeared briefly on the witness stand today.

[who007]

And from another source:

Circuit Judge Debra Nelson, at a hearing on motions ahead of the trial, also ruled that lawyers can't mention Trayvon's school records, past fights, marijuana use, ownership of gold teeth, or any photos or text messages found on the teen's phone.

Nelson said she reserves the right to change the ruling during the trial if lawyers open the door to such issues. However, she said that she can't imagine that any of these issues would be relevant.

http://www.usatoday.com/story/news/2013/05/28/trayvon-martin-testimony-trial/2365367/

[Cylinder]

You have to be very careful about filtering the court's words through the media. Very often seemingly small journalism practices (like lumping together a list for brevity) changes the meaning significantly. JMHO

[nomatter_nevermind]

Did I hear O'Mara just say he has a tape, made by Trayvon, of two buddies of his beating up a homeless person?

I think he said there is evidence Martin made such a recording. I didn't catch if he said in what form the recording was made or if he had it. I think Martin most likely would have used his phone to record.

I hope they can identify the two, and subpoena them to testify about Martin's reputation.

Serino's remark about Martin making video of 'everything he does' seems a bit ironic now.

[nomatter_nevermind]

Only after it passes legal hurdles, like hearsay and authentication.

All evidence has to pass those hurdles. The point is that she ruled that fighting, as such, will be admissible as relevant.

That's different from other things, like suspensions and past drug use, which she ruled irrelevant.