Author Topic: Week 3, Tuesday, July 9, 2013  (Read 4607 times)

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Offline TalkLeft

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Week 3, Tuesday, July 9, 2013
« on: July 09, 2013, 01:57:59 AM »
Here's a thread for comments and updates about trial proceedings on Tuesday, July 9.

At the end of yesterday's court hearing on evidence proffers, BDLR and O'Mara referenced a proffer hearing that would be necessary before one planned witness testifies. Judge Nelson knew exactly who they meant.  It's going to be West's witness and the proffer is expected to take 45 minutes.

The name, revealed by BDLR and O'Mara talking to each other during the hearing is Richard Connor.  I think he's a computer forensic expert at of ESI Consultants in Orlando and the defense wants to call him about something on Trayvon's phone, probably the deleted texts about him fighting or a video about fighting, and he needs Connor to authenticate them (which the experts do using various techniques, including examining the metadata.)

I think the state wants to still argue it's irrelevant,  but Nelson has made clear that she'd let the evidence of fighting in if it was authenticated and otherwise admissible.  As I've written elsewhere, case law supports its admission in a self-defense case.


Offline nomatter_nevermind

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Re: Week 3, Tuesday, July 9, 2013
« Reply #1 on: July 09, 2013, 03:41:28 PM »
8:31 AM

O'Mara speaking. I missed what he said.

Mantei arguing on the animation.

State now believes there is a Daubert issue.

No audio for a while. Long talk between O'Mara and Mantei.

Camera panning around, Nelson, O'Mara studying documents.

8:39 AM

O'Mara withdraws still showing estimate of distance from gun muzzle to wound.

O'Mara: Relative positions of bodies of GZ and TM at moment of shooting is unknown. Animation on the point is based on testimony of J. Good. State can point out that gunshot was after JG wasn't looking.

O'Mara calls Daniel Schumaker as first witness.

This is a Daubert hearing, maybe in combination with something else. I have heard 'Pierce'. Jury still out.

Schumaker  sworn.

Offline TalkLeft

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Re: Week 3, Tuesday, July 9, 2013
« Reply #2 on: July 09, 2013, 05:11:30 PM »
the forums have been down all day. They are still arguing over the animation.

I have screenshots of it I will upload.

Offline RickyJim

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Re: Week 3, Tuesday, July 9, 2013
« Reply #3 on: July 09, 2013, 05:14:03 PM »
Judge Nelson is questioning O'Mara and showing a great command of the evidence. 

Offline nomatter_nevermind

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Re: Week 3, Tuesday, July 9, 2013
« Reply #4 on: July 09, 2013, 05:14:10 PM »
10:17 AM

Mantei asked for 5 minute recess before he begins cross. He wants Schumaker on stand (he has been at the podium when not at the bench). Nelson granted both.

Recess.

About 10:25 AM

Mantei: Cross will take 45 minutes.

Nelson: Too long. Will finish Daubert hearing in afternoon.

Sidebar.

Next defense witness is Dr. Vincent Di Maio, pathologist.

10:35 AM

Nelson asked GZ if his lawyers had told him they would avoid certain areas questioning Dr. Di Maio, did GZ agree. Yes.

Defense team bringing in exhibits.

10:39 AM

Jury coming in.

Nelson asking if any jurors broke any rules. She's talking faster than usual.

10:41 AM

Dr. Di Maio sworn.

Offline nomatter_nevermind

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Re: Week 3, Tuesday, July 9, 2013
« Reply #5 on: July 09, 2013, 05:23:24 PM »
12:30 PM

Bernie asked for sidebar before crossing Dr. Di Maio.

Sidebar.

12:33 PM

Recess for lunch, until 1:30 PM.

1:30 PM

Back on the record. Dr. Di Maio taking the stand.

Jury returning.

Nelson asking if any jurors broke any rules.

Bernie on cross.

Offline nomatter_nevermind

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Re: Week 3, Tuesday, July 9, 2013
« Reply #6 on: July 09, 2013, 05:31:21 PM »
2:58 PM

Dr. Di Maio excused.

Next witness is Norton Bonaparte Jr., Sanford City Manager.

2:59 PM

Bonaparte  sworn.

Offline RickyJim

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Re: Week 3, Tuesday, July 9, 2013
« Reply #7 on: July 09, 2013, 05:38:50 PM »
I can't figure out why the defense wants to use this animation so much.  Because they already shelled out $ for it?  And why is the prosecution trying so hard to block it?  It attempts to show the relative positions of Zimmerman and Martin during their physical confrontation.  I do find Nelson very good at questioning the lawyers.  But I am mystified at both the evidentiary and legal aspects under discussion.

Offline annoyedbeyond

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Re: Week 3, Tuesday, July 9, 2013
« Reply #8 on: July 09, 2013, 05:44:47 PM »
What's Mantei crying about? Shouldn't he be in bed...it's almost 8PM...


ETA: Heh. Mantei just called JDN "sir".

« Last Edit: July 09, 2013, 05:48:37 PM by annoyedbeyond »

Offline nomatter_nevermind

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Re: Week 3, Tuesday, July 9, 2013
« Reply #9 on: July 09, 2013, 05:57:35 PM »
NB excused.

Next witness is Eloise Dilligard, formerly a neighbor of the Zimmermans. She is sick in bed, will appear by some remote method O'Mara called 'unique'.

Sidebar.

3:11 PM, 15 minute recess.

3:31 PM

Nelson and O'Mara discussing how witness is to be presented.

Nelson asked GZ if he consented to how witness will be presented. Yes.

Jury coming in.

Dilligard sworn.

4:15 PM

Eloise Dilligard excused.

4:21 PM

Nelson announced jury to be excused.

Reading admonitions

4:22 PM

Jury excused until 9:00 AM.

4:23 PM

Court recessed for 10 minutes.

After recess, animation and Conner proffer. Donnelly will be taken up before jury comes in tomorrow.

4:45 PM

Mantei crossing Schumaker.

7:02 PM

Schumaker excused.

O'Mara on closing argument of Daubert hearing.

Nelson arguing with O'Mara.

7:22 PM

Mantei on closing argument of Daubert hearing.

Nelson arguing with Mantei.

O'Mara and Nelson arguing now. I missed how that happened.
« Last Edit: July 09, 2013, 06:01:02 PM by nomatter_nevermind »

Offline annoyedbeyond

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Re: Week 3, Tuesday, July 9, 2013
« Reply #10 on: July 09, 2013, 06:05:27 PM »
West  chatting with JDN about bringing in new stuff from TM's phone.

West wants to be chatty about it, and bring the actual witness in for a proffer. JDN wants none of it and is getting cranky.


Offline RickyJim

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Re: Week 3, Tuesday, July 9, 2013
« Reply #11 on: July 09, 2013, 06:09:10 PM »
West arguing to have Richard Connor testify as how he accessed TM's phone to get text and Facebook postings to and from Levandria, Michael French and Dimitrius Martin (half brother?) about Trayvon's fighting activities.  Now this sounds much more important than the animation.  Also wants stuff admitted dealing with TM's desire to acquire a gun.
« Last Edit: July 09, 2013, 06:10:41 PM by RickyJim »

Offline nomatter_nevermind

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Re: Week 3, Tuesday, July 9, 2013
« Reply #12 on: July 09, 2013, 06:09:41 PM »
About 8:00 PM, Nelson reserved ruling on animation.

Offline annoyedbeyond

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Re: Week 3, Tuesday, July 9, 2013
« Reply #13 on: July 09, 2013, 06:11:49 PM »
West arguing to have Richard Connor testify as how he accessed TM's phone to get text and Facebook postings to and from Levandria, Michael French and Dimitrius Martin (half brother?) about Trayvon's fighting activities.  Now this sounds much more important than the animation.  Also wants stuff admitted dealing with TM's desire to acquire a gun.

Yes half brother, facebook post "hey when you gonna teach me to fight".

Thanks for Connor's name, I missed it.

Offline annoyedbeyond

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Re: Week 3, Tuesday, July 9, 2013
« Reply #14 on: July 09, 2013, 06:15:05 PM »
Guy claims TM bragging about bloodying someone's nose could've referred to a verbal fight or even a slap fight.

He's lucky he's pretty.

 

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