Author Topic: State's 17th Supplemental Discovery  (Read 14824 times)

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Offline RickyJim

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Re: State's 17th Supplemental Discovery
« Reply #30 on: June 09, 2013, 02:16:02 PM »
Perhaps the prosecution thinks (like Trayvonites on web) they can get mileage out of this:
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Serino: And you were able to overpower him as far as holding his wrist, you gained wrist…we call it wrist control…you gained wrist control on him basically, and you were able to basically liberate both hands…
Zimmerman: Yes, sir.
Maybe the argument will be that the above + martial arts skill means he could have escaped without shooting. 

Offline nomatter_nevermind

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Re: State's 17th Supplemental Discovery
« Reply #31 on: June 09, 2013, 03:46:44 PM »
The judge has already ruled evidence of TM's fighting prowess and actual inclination to fight isn't admissible unless the state opens the door.

I don't think that's correct. She excluded mention in the opening statements of evidence that had not passed authentication and hearsay. My understanding is that Judge Nelson indicated that there was potential evidence of fighting would come in if it cleared those two hurdles.



 

Offline MJW

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Re: State's 17th Supplemental Discovery
« Reply #32 on: June 09, 2013, 11:15:18 PM »
I don't think that's correct. She excluded mention in the opening statements of evidence that had not passed authentication and hearsay. My understanding is that Judge Nelson indicated that there was potential evidence of fighting would come in if it cleared those two hurdles.

After rereading the order, I think you're right.

Offline MJW

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Re: State's 17th Supplemental Discovery
« Reply #33 on: June 10, 2013, 12:55:56 AM »
Richard Hornsby argues that GZ's martial arts training is admissible.  His first argument is pretty good: that the state will use it in an attempt to show "Trayvon Martin was a small, unskilled, teenager who lacked the physical ability or capacity to overpower George Zimmerman." It very well may be admissible for that purpose, but that argument would seem to undermine the prosecution's credibility, since GZ had fight injuries and TM didn't, and W6 and W14 both have GZ on his back.

I'm dubious of the Hornsby's second argument. He says:

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Moreover, the Florida Supreme Court has indicated in dicta that specialized training (such as Martial Arts) is relevant evidence notwithstanding its also evidence of bad character traits. ]Trease v. State, 768 So. 2d 1050 (Fla. 2000) (FN5. Evidence of proficiency in the martial arts and how to use a knife was relevant evidence against defendant in murder case.)

The linked case contains a footnote:

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[5] Trease raises an additional evidentiary issue claiming that the trial court erred by admitting various pieces of alleged "bad act" evidence. We disagree. Evidence of Trease's proficiency in the martial arts and in how to use a knife, his threat to "cap" a police officer, his repeated requests of acquaintances as to whether they knew of any rich people with safes that they could steal from, and evidence that Trease lied to law enforcement officers about his use of certain drugs were relevant. See Bryan v. State, 533 So.2d 744, 746 (Fla.1988)(holding that the controlling issue in the admissibility of evidence is relevance). Testimony that Trease referred to himself as a law enforcement officer seems irrelevant, but it could only constitute harmless error. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). Trease also takes issue with alleged testimony that he referred to himself as a "gigolo"; however, the record shows that the trial court sustained Trease's objection thereto and provided a curative instruction to the jury, and that Trease did not move for a mistrial. We find no reversible error.

The cited case, Bryan v. State, is about evidence that's indicative of a bad character but which was admitted for another purpose. For instance, in that case evidence of a prior robbery was admitted. The court said: "In the case at hand, the evidence surrounding the bank robbery was relevant to the issue of ownership and possession of the murder weapon by appellant." I don't believe Hornsby's claim is justified because we don't know why Trease's proficiency in the martial arts was deemed relevant.

« Last Edit: June 10, 2013, 01:06:05 AM by MJW »

Offline Jujube

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Re: State's 17th Supplemental Discovery
« Reply #34 on: June 24, 2013, 02:01:14 AM »
George joined the gym in 2010.  He was still a member at the time Trayvon was killed.  (He was a member until June 2012.) 

I think this trial is going to be VERY interesting.... 

 

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