Week 3, Wednesday, 7/9/13

[nomatter_nevermind]

O'Mara said it's a prior bad act.

O'Mara started to tell story. Nelson wanted to know when. O'Mara said 2005.

[nomatter_nevermind]

O'Mara finished story, made some arguments.

Nelson postponed discussion of undercover agent witness until state determines if he is available.

[nomatter_nevermind]

4:45 PM

Jury dismissed.

[nomatter_nevermind]

Mantei on Donnelly. They now have confirmation he was present on 1/25,  1/26.

[nomatter_nevermind]

Mantei raised Good's involvement in animation.

[redstripe]

West is grinning, doesn't seem too worried.

[annoyedbeyond]

Mantei raised Good's involvement in animation.

O'Mara was the intermediary. They never spoke.

[nomatter_nevermind]

State wants Donnelly's testimony stricken.

O'Mara arguing against.

[redstripe]

Debate over whether Donelley's presence in the first two days was a substantive or just a technical violation of the rule.  I thought O'Mara was very convincing in his argument that there was no collusion with him or substantial corruption of his testimony and it was therefore just a technical violation (which arose over the state's abuse of sequestration)

[redstripe]

Nice! Motion for sanctions denied 

[nomatter_nevermind]

Donnelly's testimony will not be stricken.

Nelson calls sidebar, 5:24 PM.

[nomatter_nevermind]

Jury instructions.

State wants lesser includeds, manslaughter and aggravated assault.

Defense objects.

It will be taken up tomorrow.

[unitron]

How can the state open up by saying Zimmerman killed Martin because he wanted to, but if they can't get a murder conviction they want a lesser charge that requires the lack of direct intent to kill?

[annoyedbeyond]

How can the state open up by saying Zimmerman killed Martin because he wanted to, but if they can't get a murder conviction they want a lesser charge that requires the lack of direct intent to kill?

Heads I win, tails you lose.

Isn't it grand?