Author Topic: GZ's Prior Calls to Police  (Read 7820 times)

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Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #15 on: June 25, 2013, 07:11:25 AM »
Fla. Stat. 90.404 is what O'Mara is talking about.

Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #16 on: June 25, 2013, 07:14:02 AM »
Nelson suggested O'Mara may have 'opened the door' in his cross of Noffke.

Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #17 on: June 25, 2013, 07:17:55 AM »
O'Mara says the recordings won't hurt his case, but might confuse the jury.

Offline cboldt

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Re: GZ's Prior Calls to Police
« Reply #18 on: June 25, 2013, 07:18:25 AM »
O'Mara arguing that this evidence is "prior act" for purpose of character.

Back to the argument that O'Mara waived the objection, he'll concede the first call if he has to.

Back to characterizing the evidence under evidence code.  He suggests that Nelson is going to have to listen to the calls.  They do not show ill will or hatred.  They show a description of reports to the police.  If you allow the state to show this, it will not show the jury ill will, hate, spite, second degree.  The state will refer to this as profiling, and suggest to the jury that on 2/26, Zimmerman was seething under the surface.  O'Mara describes how the past acts played in the case of a man and his wife's extramarital affair - which is connected - here there is no connection.

Six prior acts, called responsibly, then the state will argue Zimmerman is too responsible?  O'Mara saying that more than 7 or 8 minutes of past, if relevant, should be admitted by the state only after the state produces evidence of a seething anger.  The state is inviting the jury to make that leap.  Evidence so far is that Noffke did not sense any anger, but the state might be able to produce some later.   Williams rule requires 10 days notice, and O'Mara is not waiving that.  State failure to bring this up on shorter than 10 day notice is fatal.

O'Mara says if the past calls had signs of seething anger, then they would be similar and might be admissible (given the state has other evidence of seething anger element of 2nd degree murder).  This is character evidence, not state of mind evidence.

If it comes in as 404.1, the state can bring it in only as rebuttal.  Nelson asks if the opening statement opens the door to rebuttal.  O'Mara says no, the judge is going to instruct the jury to ignore opening statement, it is not evidence.  What about cross examination of Noffke, does that create an issue?  O'Mara asks if she means Noffke said there was no sign of animosity?  O'Mara says he doesn't think it does.  If we go into Zimmerman's past - if those calls show proper behavior - we have opened Zimmerman's history for rebuttal of an under the surface "ill will", and making character of Zimmerman an issue?  Nelson asks whether the defense put Zimmerman's character in issue by cross exam of Noffke.  O'Mara says assume that is the case, Feb 26 is wide open - but going back in time is a different question for admissibility.

Other cases, have to be similar crimes - no case law on prior acts of good acts, prior acts of good behavior is put before a jury for the purpose of showing motive.

Nelosn says you are arguing apples and oranges.  State is not arguing Williams rule, defense is arguing Williams rule (character evidence).  O'Mara says the prior act has to be relevant to prove the state's case.  Similar to the experts, it can come in, my defendant didn't do anything wrong, but the risk is confusing the jury.

Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #19 on: June 25, 2013, 07:20:57 AM »
O'Mara citing a case that says this kind of evidence has to be relevant to state of mind at time of the crime.

Offline cboldt

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Re: GZ's Prior Calls to Police
« Reply #20 on: June 25, 2013, 07:23:10 AM »
O'Mara citing a case that says this kind of evidence has to be relevant to state of mind at time of the crime.

And he summarizes what he thinks is the state's argument: Zimmerman perpetrated 5 good acts, therefore on Feb 26 he was seething with anger.  He says the burden is on the state to connect those dots.

Offline RickyJim

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Re: GZ's Prior Calls to Police
« Reply #21 on: June 25, 2013, 07:23:19 AM »
I think O'mara is misstateing the state theory.  It is not that the prior behavior made him blowup on 2/26, it is that he decided to take a new tack to be more successful at catching bad guys.

Offline cboldt

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Re: GZ's Prior Calls to Police
« Reply #22 on: June 25, 2013, 07:31:42 AM »
Mantei says the past calls are NOT good character, they are calling in but not pursuing - they show a building of frustration.  Stark contrast between what Zimmerman knows is good behavior (see past calls), and what he did on Feb 26 "they always get away," and getting out of his truck.

He argues that the 10 day rule can be waived b/c the defense knew about the evidence and knew the state planned to use the evidence.  He says the evidence is not character, it is evidence that shows Zimmerman's reaction to circumstances.  The evidence (past calls) shows a continuing chain of chronological events that facilitates showing Zimmerman's state of mind on 2/26.  We get there by showing his actions (following) on 2/26 are different from his actions in previous calls.

Offline cboldt

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Re: GZ's Prior Calls to Police
« Reply #23 on: June 25, 2013, 07:35:13 AM »
Mantei says he also has to address elements of self defense - in particular whether Martin was provoked by Zimmerman.  "How the defense chooses to spin these calls ..."  Yes, he said that.

Nelson has 20 cases from each side, and she wants to listen to the calls.  She suggests the state go ahead with another witness until she rules on this issue, which will be after court today.  O'Mara asks the state proffer specific calls in court (the jury is not in the courtroom).  This witness won't be back today.

Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #24 on: June 25, 2013, 07:38:39 AM »
I'm confused. Is Nelson going to listen to the tapes in court, and then listen to them again later?

Offline cboldt

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Re: GZ's Prior Calls to Police
« Reply #25 on: June 25, 2013, 07:41:21 AM »
I'm confused. Is Nelson going to listen to the tapes in court, and then listen to them again later?

She can listen to them again.  O'Mara is making sure there is no mixing up or confusion or tricks by the state in choosing different calls to play for the jury, if the judge denies O'Mara's objection.  Nelson isn't going to rule until after she reads the case law, tonight, and has a chance to think about which characterization of the evidence is more appropriate.

Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #26 on: June 25, 2013, 07:43:01 AM »
Thanks, cboldt.

Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #27 on: June 25, 2013, 08:03:02 AM »
This witness won't be back today.

She's supposed to be on after the break.

When Nelson asked if the prosecution had another witness ready to go, Mantei said they also wanted Rumph to testify about the 2/26 911 calls. Nelson agreed to do that next.

Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #28 on: June 25, 2013, 08:09:32 AM »
10:08 AM

Rumph testifying.


Offline nomatter_nevermind

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Re: GZ's Prior Calls to Police
« Reply #29 on: June 25, 2013, 08:13:01 AM »
O'Mara declined to cross.

Witness excused, 10:12 AM.

 

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