May 28 Court Hearing

[nomatter_nevermind]

State of the Internet has video of the hearing on YouTube. I haven't listened. I assume it includes his usual less than clever heckling.

[who007]

And the audio quality generally sucks.  Don't like his commentary, at all.

Looking forward to a better version.

[nomatter_nevermind]

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/

As I recall, the 'can't imagine' remark applied to just one type of evidence, not to the whole list and certainly not to fighting.

As to 'any photos or text messages', I didn't hear her say that.

I wish we had video.

[nomatter_nevermind]

Nelson says the rules of evidence operate to preclude presentation of evidence of self defense. 

I'm sure she said no such thing.

[cboldt]

I'm sure she said no such thing.

O'Mara described the gist of the self defense argument as it pertains to Martin's conduct that night.  Evidence of impairment, evidence of knowing how to fight, evidence of character from school/police incident reports.  He was sort of lamenting the inability to put on a defense.  Nelson said that what stands in his way isn't her rulings, what stands in his way is the rules of evidence.

I'm sure I made a number of remarks or observations that are similarly false, when read literally.  Such is the case when composing on the fly.  Corrections always welcome.  Criticism without a substantive correction, not so much.

[nomatter_nevermind]

I'm sure I made a number of remarks or observations that are similarly false, when read literally.  Such is the case when composing on the fly. 

I know that's difficult. I appreciate your live-blogging. You do it much better than I do.

As to the remark in question, to me it comes across as a hyperbolic accusation against Nelson.

[DebFrmHell]

As I recall, the 'can't imagine' remark applied to just one type of evidence, not to the whole list and certainly not to fighting.

As to 'any photos or text messages', I didn't hear her say that.

I wish we had video.

This is the link for Diwata.  He has the video up without commentary.  Hearing starts at the 34:10 mark.

http://diwataman.wordpress.com/2013/05/10/george-zimmerman-hearing-may-28-2013/#comment-13850

He may have some of the presser also.

[RickyJim]

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.

Listen starting around the 57 minute mark here.

Presumably, however, you will keep your mind open when we present to you the videos of him at these fights, not just as a pure spectator but refereeing one and being involved in taping one where two buddies of his are beating up a homeless guy.

The Judge ruled that it won't be mentioned in opening statements but could come in provided the defense satisfies authentication and hearsay requirements.

[MJW]

I think Shellie Zimmerman might be able to seek review by the DCA of the deposition decision. It seems to fall into the"cat out of the bag" category. In the end, I doubt if she'd prevail, but the delay might be advantageous.

[cboldt]

I think Shellie Zimmerman might be able to seek review by the DCA of the deposition decision. It seems to fall into the"cat out of the bag" category. In the end, I doubt if she'd prevail, but the delay might be advantageous.

Nelson had to implicitly find that Shellie is on the defense's witness list, after being told that she is not.  She did not tell de la Rionda to use his Chapter 27 power.  I'd appeal just on the technicality that the state has not filed paperwork under Chapter 27.  Either that, or Nelson has assumed the power to dictate the defense's witness list.

[MJW]

Nelson had to implicitly find that Shellie is on the defense's witness list, after being told that she is not.  She did not tell de la Rionda to use his Chapter 27 power.  I'd appeal just on the technicality that the state has not filed paperwork under Chapter 27.  Either that, or Nelson has assumed the power to dictate the defense's witness list.

That's a point I hadn't considered. She could win on that issue.

[RickyJim]

Wesley White, a lawyer and former co-worker of de la Rionda, testified Tuesday that the office's information technology director had found three photos plus some deleted text messages from Trayvon's cell phone and given them to de la Rionda.

-One photo was of a hand holding a gun and one was of drugs, White said.

O'Mara said those had not been handed over.

White said Tuesday afternoon that the IT director, Ben Kruidbos, was placed on administrative leave "about five minutes after I got off the stand."

A spokeswoman for de la Rionda's office did not respond to a phone call or email seeking more information

From Rene's latest.  Talking to your lawyer can get you fired. 

[DebFrmHell]

After this mornings hearing, is the State forcing Zimmerman to take the stand in his own defense?  Jeff Gold stated/implied that in a tweet this PM.  Said it compared to Jodi Arias.

[RickyJim]

After this mornings hearing, is the State forcing Zimmerman to take the stand in his own defense?  Jeff Gold stated/implied that in a tweet this PM.  Said it compared to Jodi Arias.

Gibberish like most tweets are.  The state can't force him to take the stand to get in the screams, W#6's testimony, EMT injury testimony or even Trayvon's naughty text confessions.

[unitron]

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).

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

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

And of the Miami schools system's own police department is a separate jurisdiction from both Miami Gardens and Metro Dade.  And apparently it's not really big on sharing.