FerGRRRRRason

As a credentialed journalist, I covered two trials extensively - both the Casey Anthony and the George Zimmerman/Trayvon Martin cases. I wrote about the “alleged” murders long before the trials began, too. I say alleged because, prior to trial, that’s exactly what they were. A trial is intended to determine guilt or innocence. Sometimes, situations arise where where there is no cause to move to trial. I know nothing about the St. Louis County grand jury other than what was reported on the news from August 9 through what prosecutor Robert McCulloch stated at the press conference. I do intend to read what’s made public, though, due to Missouri’s sunshine law, which is similar to Florida’s.

Because I am not familiar with the Ferguson case, I will proffer no opinion one way or the other. Not until I know something more. (If I ever say a word.) This was an extremely sad event. For four-and-a-half years, I witnessed the twisting of news as it was told from all sides. I was part of the system. Not to mention the trolls. I took down a judge. I slept with Casey. I fathered bastard children. I had STDs. I was a drug addict. You name it, I was the scourge of a handful of online derelicts. But in my writing - in the real world - God knows I tried to be fair; however… deep down inside, I had a real soft spot for Caylee and true compassion for Trayvon. Sometimes, it showed. My heart poured out in the words I chose. In the case of Michael Brown and Darren Wilson, I just don’t know enough about the case to offer any kind of opinion, and if I do, it would surely upset the other side. Please don’t even try to second guess me. WHICH ONE IS THE OTHER SIDE, DAVE???!!!

You see? There are no winners here. We all lose, and I never want to be an attacked messenger again. This one would be like walking into an active volcano wearing a backpack filled with gunpowder.

Once Upon A Time...

Once upon a time, Pudgie the Bear was skipping through the woods when Trigga the Tree Troll stopped him.

“Why are you running in my forest?” Trigga demanded, as one of his giant tree limbs stopped Pudgie dead in his tracks.

“I… I… I have every right to be here,” Pudgie quickly responded. “Why did you stop me?”

“Because these are my trees. You are robbing my forest of flowers, leaves, grass, mushrooms, berries, roots and nuts!”

“No. Not me!!! I like honey!” Pudgie cried, but Trigga wouldn’t relent. The young bear tried to fight his way out, knocking chips of bark all over the place. “I’m going to make compost out of you!”

“No you won’t,” Trigga replied, and just like that, his powerful limb lifted up and came smashing down; knocking the stuffing out of poor Pudgie’s body, sending it flying all over the place. 

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Attorneys Natalie Jackson, center, Benjamin Crump, center right, and Daryl Parks, far right, representing the family of Trayvon Martin sit stoically as George Zimmerman’s not guilty verdict is read in Seminole circuit court in Sanford, Fla. Saturday, July 13, 2013. Zimmerman was found not guilty in second-degree murder for the 2012 shooting death of Trayvon Martin. (Gary W. Green/Orlando Sentinel/Pool)

After the verdict came last Saturday night and my journey was over, I was tired. From the very first article I wrote; from the very first hearing I attended to the very end, I put in a lot of hours. One of my friends asked me if I would be alright. How would I handle it now that it’s over? Would I be depressed? No, I answered. This is the life of a writer of true crime and courtroom drama. A climbing crescendo, long and winding, coming to a tumultuous climax and compelling completion is what it’s all about. Cut to the end. If we can’t deal with it, we’re in the wrong business. That’s just the way it is. Death becomes a way of life.

By Sunday morning, most of the civilized world that paid attention to the Trayvon Martin/George Zimmerman trial knew the outcome. All that was left to do was to discuss it, but not me. I needed a break. Throughout, there were multitudes of directions each and every one of us had taken — like a hundred road intersection — converging into a massive mess of a traffic jam. Which one of us had the right of way? I don’t know. I still don’t, although a jury of six women decided for us. Yield! Move on or get run over! I suppose I could write a lot about the verdict, but what’s done is done. To perpetuate the story is, to me, unbearable. I won’t let it dog me. 

The Pavlov’s Dog Affect

From the beginning of the trial — jury selection or voir dire — we were warned by the Court and deputies to turn off all cell phones or set them to vibrate. This included iPads and other tablets and devices. No noises would be tolerated in courtroom 5D. Even Siri became a serious problem. Initially, we were given two strikes — a warning, then an ejection. That changed after the second or third day when (then) Chief Judge Alan A. Dickey changed the rule. It was one of his final orders before leaving his position, which was part of routine circuit rotation. Judge Nelson wanted it to remain two strikes but, instead, it became one, you’re out, although someone in your news organization could replace you; however, if your replacement made a noise, it would be strike two and your outfit would be banished for good — to the media overflow room you go. 

Unfortunately, I heard dings, dongs, boing after beep and ring after cell phone song from the gallery. Out went a few journalists and members of the public, until the rest of us were conditioned to be scared to death. That’s a fact. For the remainder of the trial and days beyond, whenever I heard a digital noise of any kind, no matter where I was, I cringed. If I happened to be in the produce section picking out peppers when a cell phone pinged, I panicked. It was either mine or someone else’s and it meant immediate ejection from the courtroom. I called it PDSD — Post Dramatic Stress Disorder. It took some time, but I finally broke free and now feel safe when my phone barks.

Dog Eat Dog

This wasn’t my first go ‘round in criminal court. I was credentialed during the Casey Anthony trial. When journalists from all over the country and elsewhere began to come together at the courthouse for the Zimmerman trial, it was nice to see familiar faces again. We couldn’t believe it had been two years, but it was. After friendly hellos, hugs and handshakes, it was all business. Of course, there were plenty of new faces, too, from local news stations and major networks, including cable. 

It’s the nature of the business to out-scoop each other, so there’s always a competitive edge. There’s eavesdropping and lots of interruptions while talking to someone involved with the trial, as if their questions for Ben Crump seem more important than the rest. Generally, they’re not, but that’s the way it goes. Don’t get me wrong, most of the media reps are very nice, but there are a few egos that get in the way; more so from producers than from on-air personalities. Like what I discovered during the Anthony case, the more famous the personality, the nicer they seemed, and the more intrigued they were with local news people.

There was an emotional tie inside the courthouse and, most certainly, inside the courtroom. Aside from the actual trial, I mean between journalists. I could clearly sense that, after the strike rule went into effect, plenty of those people sitting on the media side would almost kill to get one more of their own in that opened up seat. They hoped and hoped a cell phone would accidentally go off, although everyone cringed when it did. We all knew it was to be expected. It’s the nature of the beast. Goody! Goody! The problem with me was that there were no replacements. I was the only blogger inside that room with credentials. Some may have resented that fact, but most didn’t. When I was asked who I was with, I proudly said, “Me!” I represented no one but myself.

Throughout jury selection and the trial, that’s the way it was. When the State rested, everyone’s attitude changed. Gone were the vibes that begged for someone’s phone to go off. There was almost a camaraderie among us. The end was near and we all sensed it. Once again, in a matter of days, we would be going our separate ways. Surely, Mark O’Mara and his defense team wouldn’t take long and we knew that, too. How did we know? Because most of us realized the State did not put on a good case. It was a letdown. Is that all there was? They sure didn’t prove anything beyond a reasonable doubt. Therefore, the defense wouldn’t need to put on much of a show. Besides, they had cross-examined the State witnesses very effectively.

With the last few days of trial at hand, what we had waited for and built up to was going to come down. A verdict was nigh and it would be over. Time to say good bye to those who cared enough. Some just packed up and left. They knew we would meet again at the next big one. Surely, there’s always a Jodi Arias out there to cover.

On the final day, last Saturday, I could feel the electricity in the entire courthouse. The building was supercharged. I asked Rene Stutzman, who covered most of the case for the Orlando Sentinel, if she could feel it, too. “Yes,” she responded. “Absolutely.”

I spoke to one of the administrators on a floor not associated with the trial in any way. She also acknowledged that her coworkers felt it, too. It really cut into their levels of concentration. Of course, some of that could have been attributed to protesters, but they didn’t come until the final three days and, even then, it wasn’t that many. No, this was a powerful trial; one that touched the entire area surrounding the courthouse.

As a final aside, I must say that Judge Nelson was one tough judge. No, I’m not going to humor your thoughts on bias, one way or the other. This has nothing to do with that. Comparing her to Judge Belvin Perry, Jr., Perry was a pussycat. He gave us an hour-and-a-half for lunch each day and there were lots of restaurants in downtown Orlando to choose from. Plenty of time to eat, in other words. Nelson, on the other hand, gave the jury an hour each day and if there happened to be any unfinished court business after they were excused, it cut into our lunch time. That meant less than an hour, generally, with NO restaurants nearby. Well, WaWa. Despite it being cold in the courtroom, I couldn’t bring perishables, so I brought MorningStar Grillers Prime or Chipotle Black Bean veggie burgers on a toasted English muffin. No butter. Plain. I heated them in the lunchroom microwave, where I ate almost every day with a handful of other journalists. Sometimes, we’d talk shop as I nibbled on fresh tomatoes and assorted fruit. Today, there are no more daily events to discuss among my peers, but I am sticking with the diet. Plus salad. Those veggie burgers grew on me, especially the Grillers Prime.

And in the end…

After nearly five years of writing about local murders, I hope nothing else like the last two cases comes along again. In the Zimmerman trial, one must understand the residents of Seminole County in order to grasp the verdict. It is a predominantly conservative Republican county made up of a mostly Caucasian population. Gun rights is an important issue. It is not a racist area, although it used to be many, many years ago, but never as much as the surrounding counties. Ultimately, the jury based its decision on the law and how it’s written; not so much on the absolute innocence of Zimmerman, as if he did nothing wrong. In the eyes of the law, Casey Anthony did not murder her daughter, did she? Or was it, more or less, because the prosecution did not prove its case?  

In the Zimmerman/Martin confrontation, it was the ambiguity of the final moments that cemented the verdict. All you need to do is to look at something else in order to figure it out. Take a DUI (DWI) traffic stop, for instance. If you refuse all tests — field sobriety and breathalyzer — and keep your mouth shut in the back seat of the patrol car, there’s hardly any evidence against you other than the arresting officer’s word. The less evidence a prosecutor has, the less chance of a conviction. That’s what happened here. There just wasn’t enough evidence. Without it, the jury could not convict George Zimmerman — not as presented by Bernie de la Rionda and his team. There wasn’t even enough for a manslaughter conviction, was there?

On the night of February 26, 2012, something horrible took place. Was it poor judgement or bad timing, perhaps? Was it both? Had Martin arrived at the Retreat at Twin Lakes only five minutes earlier, Zimmerman would have gone on to Target. Had Zimmerman only left the Retreat five minutes earlier, Martin would have walked safely home to watch the NBA All-Star Game. Who started it and who ended it can and will be argued about for years to come. I formed my own opinion, but I choose to move on now. A verdict has been rendered. Let the rest of the media hound on it. They get richer and richer off the story and I never made a dime. In the end, trust me, Trayvon Martin did not die for naught.

As for me, what does my future hold? I may re-stuff Pudgie the Bear and write fiction. Yup, you know… Once upon a time, we had characters like the Lone Ranger. In those days, good guys always wore white and bad guys never got away.

George Zimmerman is congratulated by his defense team after being found not guilty, on the 25th day of Zimmerman’s trial at the Seminole County Criminal Justice Center, in Sanford, Fla., Saturday, July 13, 2013. (Joe Burbank/Orlando Sentinel/POOL)

Cross-posted on the DAILY KOS

Juries, Fryes and Trials; Oh My!

George Zimmerman and his wife Shellie arrive in Seminole circuit court in Sanford, Fla., Thursday, June 20, 2013. Zimmerman has been charged with second-degree murder for the 2012 shooting death of Trayvon Martin. (Gary W. Green/Orlando Sentinel/Pool)

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Who are They?

How many times have we heard the word they when someone makes a statement about an alleged factoid picked up from somewhere — on the nightly news, perhaps? It could be true, it could be false, or it could be a mixed up mess of information that formed at a later date inside the head of the person now telling you about them.

“That’s what they said!”

“Who’s they?” I always respond. Invariably, no one ever knows who they are, but they heard it or read it somewhere. This was an everyday occurrence during the Casey Anthony case and it is the exact same thing here. It’s not all that unusual. After all, isn’t this how rumors start? So and so said… Thus, they are never clearly identified and, therefore, they don’t really exist. Do they? Well, maybe someone said something, but without a name behind the theys of the world, there is no way I would accept any kind of statement without substance.

In order to not accept the theys of this trial, it means we need to tuck them away in our pockets and leave them alone until the end. We need to try to look at this trial as open and fair minded as humanly possible — just like the jury. While this is a tough one to abide by, it’s something we need to remind ourselves of every day for the next month. We need to keep in mind that many of the legal analysts and reporters working for local, network and cable TV companies are, by their very nature, true-life criminal defense attorneys. That means their opinions could very well be skewed in the direction of the Defense.

If you are not aware, Mark O’Mara was hired by WKMG to be one of the legal analysts during the Casey Anthony trial. WKMG is the local CBS affiliate. I must say that Mr. O’Mara impressed me tremendously back then. No, not because of his legal analyses. It’s nothing personal, of course; I was simply too busy in the courtroom and writing for the magazine at night. Because of that, I never saw or heard any TV pundits. What struck me in such a positive way was how extremely polite and professional he was. He went out of his way to greet me by name when we were near each other. That was a truly nice gesture, and I never forgot it.

Individual and Traditional Voir Dire and Jury Selection

At 3:00 pm on Thursday, June 20, 2013, a jury was seated in case 12-CF-1083-A; the State of Florida v. George Zimmerman. One Hispanic woman and five white women. The four alternates are composed of two women and two men; all white. These jurors, carefully selected by the prosecution and defense teams, are not going to witness anything from TV legal analysts or correspondents working the field. Everything these ten people see and hear will come from within the confines of the courtroom. Bernie de la Rionda and his team and Mark O’Mara and his team will be the only theys they will hear. Certainly, their opinions are polar opposites and they all think they are right.

I never took the trip to the Pinellas County Criminal Justice Center in Clearwater to sit in on jury selection for the Casey Anthony trial. I wouldn’t have been able to afford a hotel room for the length of time it took, but I did watch the proceedings on live television. It’s just not the same. As this process was getting underway, several journalists and a handful of attorneys asked me if I had ever experienced jury selection. I said no. You are in for a fantastic experience, Dave, they all said, and they were right. To be able to see it all unfold in the flesh is an amazing thing. You can really sense the interaction between the hard working attorneys and the prospective jurors as they are questioned individually and collectively. During voir dire, the expressions on all of their faces were as diverse as the fields of work they are involved in, including being unemployed and retired. Homemakers. Engineers. Teachers. Book readers. Fifty Shades of Grey? A colorful lot, indeed!

Some of the 100 were dismissed early because of bias or other reasons, including hardships. I was very fastidious in my note taking as they filed in one-by-one for questioning. During the meager one hour lunch break Judge Nelson gave us each day, a couple of us discussed who we expected to make the cut and who wouldn’t. One in particular was E-6. We thought, for sure, that she wouldn’t make the grade, but in the end, she did, despite a vigorous campaign against her by de la Rionda.

While I paid close attention to each person interviewed, something about E-6 intrigued me. To be honest, she reminded me of Angelina Jolie a little. First of all, let me set the record straight by telling you that Jolie has never been my kind of woman and, to be honest, I am happily in love with someone I find to be much more beautiful, so please delete that element from the equation. This is just a descriptor. E-6 sat in the front row, in plain view.

She stated that she hadn’t formulated an opinion when questioned singly during the pre-trial publicity phase. OK, fine. During the general voir dire phase, she was very much involved in the process. That’s what caught my attention; her involvement, animation and posturing. It was during this phase that Judge Nelson made the announcement the jury would be sequestered. I watched this woman suddenly and dramatically change her demeanor. She became somewhat distraught looking, although not depressed. She certainly looked dazed. She stared into nothingness and rocked back and forth slightly. Slowly, she came out of it and eventually, I detected a slight smile. Eventually, she snapped out of it completely and became herself again. This was not an unusual reaction from anyone who’s told they would be locked up for a month. But, while I cannot say for certain, what I gathered from her was this, only in slow motion:

Oh no. Sequestration? No way. I don’t want to be a juror… Away from my two children. Away from my husband. No family life. No friends. No cooking. No fun. No sex. What will I do? This is a real problem. Hmm… What to do… No it’s not. I can see this working. This could turn out fine. I can take advantage of this. It could be my ticket. I can write a book!

While I have no idea what she was really thinking, it’s what it appeared like to me. Here we have an attractive young woman who will look good in the limelight of cameras after the trial. She will definitely have an intriguing story to tell. Yup, that could be it. To be fair, she has every right to do so, and she wouldn’t be the first one to tell a story. I am not criticizing her objectivity, so don’t even go there.

While I studied other possible jurors, I use E-6 to illustrate what really goes on in a courtroom during jury selection. There’s a lot going on, but what about the process itself? How do the jurors get selected in the end? I’m not talking about the Thursday afternoon arguments in front of the judge — meaning the peremptory challenges and challenges for cause. We all heard and watched it on TV. We absorbed it. If not, see it here.

What you couldn’t see were the three rows of forty people.They were seated in each chair for a reason. Similar to a draft lottery, this is the easiest way to explain it. As every summoned person enters the courthouse and sent to the jury room, they are given a new name, like L-01 or S-69. As voir dire progresses and some are eliminated, others move on to the next level. That’s where the forty people come in. They are randomly given seat numbers 1 through 40 and that’s where they sit in the courtroom. Seat number 1 is in the front row and seat number 40 is way in the back. Odds of that person, or anyone in the back row, being chosen are next to nothing because the numbers are called in order, starting with number 1.

Personally, I feel that both sides are content with the jury of women, although de la Rionda tried several times to strike E-6. In the end, the jury will be made up of women because the jury pool happened to turn out that way. The ratio was 2-1 women. I am sure they will be fair and just. 

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During the traditional phase of voir dire, when those forty people were addressed as a group by Mark O’Mara, I noticed something peculiar. At an earlier hearing, on April 30, something O’Mara may have said must have sparked an idea in my head. I had to search extensively though my notes and comments before I found something I wrote on an article comment posted at the Daily Kos site. What made me think of it, I don’t recall, but this is what I wrote, in part, in that comment dated May 4:

I believe the Defense may argue that Zimmerman felt Trayvon’s cell phone was a weapon; that Zimmerman had no idea what the kid had in his hand. Was it a gun? Of course, that would change the whole scenario and the State could reasonably contend that it shows the gun was drawn earlier, which I feel is a good possibility. Trayvon fought for his life over that gun.

What happened in the courtroom this past Thursday, seven weeks later, set off all sorts of bells and whistles in my mind. I had an Aha! moment, whether it is something that will pan out or not. Watch this part of the video replay starting here. In it, O’Mara brings out a cell phone to illustrate a gun; something he could not bring into the courtroom. Was it a subliminal way of hinting at a dialog that may take place some time into the trial? To me, a cell phone has now been introduced as subtly as possible as a potential firearm. Could Trayvon’s cell phone have been perceived as a handgun? Just a thought, but George Zimmerman’s stories have changed over the course of time. 

Excuse me while I NIST the Skype

To be honest, I was never sold on the State’s expert witnesses. I was rather skeptical because they were originally hired by newspapers. I had a real problem with both experts. In her order, Judge Nelson wrote:

The State’s witness, Mr. Thomas Owen, has been involved in forensic audio work since 1981, He was retained after the shooting by a newspaper to attempt to identify the person(s) screaming in the 911 call.

For the software-reliant analysis, Mr. Owen used software called “Easy Voice,” a software program he markets and in which he has a small financial interest. Easy Voice recommends a sample length of 16 seconds to conduct its analysis. Mr. Owen only isolated seven seconds of screams from the 911 call. The seven second sample was rejected by the Easy Voice software program. To correct this problem, he ran the seven second sample twice (sometimes referred to as “looping”). Based upon conversations with sales representatives for the software manufacturer, he believed looping was an appropriate solution. As part of his technique, he adjusted the pitch of the known spoken voice sample of the Defendant to raise it up to the same pitch as the screams in the 911 tape.

The issues here are very central to the decision made by the judge in rejecting him. Mr. Owen markets the software. He has an express interest in the company. He looped the samples in order for the software to work, and changed the pitch of one of them. The judge further stated:

According to Mr. Owen, he also “cleaned up” the audio of the Defendant’s nonemergency call in an effort to identify a previously unintelligible word. Using audio editing software, he made a determination that the unintelligible word used by the Defendant was “punks.”

No other entity; governmental or from the private sector, was able to ascertain what Zimmerman said. And speaking of what was said, the second expert for the State, Dr. Reich, was full of mondegreens. What’s a mondegreen? Let me put it this way. At the end of the Beatles song, Strawberry Fields Forever, you may think you hear something that ultimately started a huge rumor back in the late 1960s — that Paul McCartney was dead:

“I buried Paul” was actually “cranberry sauce” spoken by John Lennon. It was very faint, but even at a higher volume, it was still easy to mistake what was actually said. 

Back to Reich. According to him, he heard words spoken by the defendant and the victim; disparaging words. No other expert concurred. It was virtually impossible to determine who was saying what on any of the 911 recordings, let alone make out anything else. According to Judge Nelson:

With regard to the identity of the person(s) making the screams, Dr. Reich reached the “tentative” conclusion that almost all of the screams heard in the 911 tape were made by Martin. In reaching his conclusion, Dr. Reich assumed the following: the screams could only have been made by one of two people, either Martin or the Defendant; the screams ended upon the gunshot being fired, leading to an inference that the person screaming had been shot; and the frequency of the screams indicated that the speaker’s vocal tract had not completely developed, leading to a conclusion that the person had not reached adulthood.

In addition to his opinion about the identity of the person screaming, Dr. Reich testified that he was able to hear words on both calls that have not been heard by any other witness. He identified an unusual speech pattern in the Defendant’s nonemergency call and, upon further analysis, claimed to identify several distinct previously unheard words. Similarly, he was able to hear several previously unheard words and statements in the 911 call. Mr. Owen testified that he was able to detect these words by commonly-used digital enhancement and transcription software.

While the judge could have allowed the testimony, I believe she made the right decision regarding State experts. The Defense experts were extremely credible and they debunked the junk. Was this a major blow to the State as some legal analysts contend? Remember, legal analysts are generally criminal defense attorneys and this is the side they will invariably take. Most importantly, keep in mind that the second-degree murder charge was filed long before any newspapers hired these guys and, in the end, the defense won’t be able to prove the screams came from their client, either. While it seems like a Defense victory, no one is the winner. Well… except for the jury that won’t have to put up with testimony that can only be understood by people in the field of spectrographs, human voice identification and biometrics, not to mention the National Institute of Standards and Technology. Oh, these glorious times of emerging nanoelectronics industries and applications in forensic testimony!

The Trial

Assistant state attorney Bernie de la Rionda, left, and lead defense attorney Mark O’Mara leave the courtroom after addresses a series of pre-trial issues with Judge Debra Nelson during George Zimmerman’s trial in Seminole circuit court in Sanford, Fla., Friday, June 21, 2013. Zimmerman has been charged with second-degree murder for the 2012 shooting death of Trayvon Martin. (Gary W. Green/Orlando Sentinel/Pool)

I expect the trial to be most gripping. While certain aspects of jury selection seemed boring to some, I never quite saw it that way. Sitting in the courtroom offers many advantages. We can see the quirks in every player. We pay attention to everything that surrounds us; the people we sit with on the media side, the public sitting on our right, the families of the Victim and the Defendant, and everyone on the other side of the gallery. There’s no way to feel the atmosphere of the room unless you are present. That’s not to say there’s nothing you can pick up by watching it on TV or on a live Internet feed. No, quite the contrary, but tension is not something that can be conveyed over an electronic conduit. Hopefully, I can do that in my writing — here, on the Daily Kos, and on my Facebook page, where you are more than welcome to friend me. I will update when I can, in my own inibitable way. 

During traditional voir dire, Bernie de la Rionda came across as a preacher — a teacher and a lecturer of sorts; like you’d find at a pulpit or lectern — in front of a congregation or large body of students. While I found him to be quite good, the following day, Mark O’Mara took center stage and he was more like a Sunday School teacher; a country lawyer with a more relaxed style. He changed the entire mood of the courtroom, including the potential jurors, and created a lot more banter between them. In my opinion, O’Mara could influence the jury by his very style, and de la Rionda should take that into great consideration. One fires up the crowd and the other settles them. 

De la Rionda is a man of great conviction. He is deeply religious and can quote scriptures from the Bible like there’s no tomorrow, regarding everything you throw his way. He is one of the best prosecutors in the state of Florida and has a solid team behind him. O’Mara? I don’t know anything about his religious beliefs, but I have known all along that he’s an excellent attorney and as sharp as they come. So is Don West. They are extremely crafty and cunning.

I would make the case that de la Rionda and O’Mara have very little knowledge of each other except for what they’ve learned since their first courtroom battle, soon after Zimmerman was charged. I believe this will be one of those all-time courtroom dramas that will be read about for years to come. I can’t wait until tomorrow. Please join me.

Please see Daily Kos

Zimmerman Jury Selection Begins

George Zimmerman’s wife, Shellie, with the family’s security guard, watches the proceedings in Seminole circuit court on the first day of her husband’s trial, in Sanford, Fla., Monday, June 10, 2013. Zimmerman is accused in the fatal shooting of Trayvon Martin. (Joe Burbank/Orlando Sentinel)

The last time I was called for jury duty, it was a criminal case. I had a terrible flu virus at the time, but I still had to wait until eventually being sent home. There was no way any person in that courtroom could have been unaware of my illness. We were all brought into the courtroom together. I don’t remember how many of us there were, but it seems to me it was well over a dozen. Each one of us was asked a handful of questions by each side and that’s as far as I got. When we took our first break, I was sent packing.

I think the Court is given leeway in jury selection, especially in non-capital cases such as this one. It’s second-degree murder George Zimmerman is facing and that’s why it will be a panel of six jurors. Generally, two alternates suffice, but this case is very unusual and high-profile, so Judge Nelson was wise to opt for two more than the norm. There will be 6+4.

From what we saw in the courtroom today, it’s a very tedious process. Aside from early motions, most of the morning and a good chunk of the afternoon — except for lunch, of course — dealt with explaining the process to the 100 jurors brought in for the day; asking them to fill out preliminary questionnaires and to introduce the defendant to them. The judge then went through important legal details with the attorneys while they tried to decipher what some of the people wrote, before finally sitting them down one by one to ask more detailed questions that are intended to go beyond the scope of the questionnaire. Four were interviewed today, and I expect a lot more tomorrow; perhaps a dozen or so — maybe more. I hope. 

The people interviewed today will not be picked for the jury, in my opinion. B-12, up first, was a female. She seemed to want to be on the panel. She also said she had heard that Zimmerman was following the victim. B-29 moved to Seminole County from Chicago four months ago. She’s a Certified Nursing Assistant. She sounded compassionate enough; too much, I’d say, because she said any child’s death would affect her as a mother. She also said it would be a burden to leave her children without their mother if sequestered. She did say it wouldn’t be impossible. She has a 19 year old, a 10 year old, and 3 year old twins. B-30 will be remembered for saying he’d rather be called thirty than be sixty-five. He was asked questions by a local TV reporter several months ago while dining with family in a Sanford restaurant. He would be perfect for the defense because he seems to fit the type of mold they are seeking as an older, more conservative male. He could be a gun owner, although nothing like that was made clear. It’s interesting to note that the prosecution went easy on him and it was actually the defense that elicited more information about his news and TV watching habits, which may have hurt his chance to be selected. Sadly, he also lost his wife about the same time Trayvon was shot and killed. Finally, we have B-76. She seemed to be very open-minded. She and her husband do not watch cable television. As a matter of fact, they have an old-fashioned antenna in their attic. She was aware of some of the court hearings. She had heard of the case prior to and leading up to Zimmerman’s arrest. She saw Mark O’Mara on the news. She saw Trayvon’s parents on the news. When asked, she said she recognized the boy’s mother sitting in the gallery, but not one of the family attorneys, Natalie Jackson. Ben Crump was not present at the time. She and her children had discussed the case, but she did say they are very open-minded and hadn’t formulated an opinion. Remember, the law says you don’t have to be stupid about the news; you just have to keep an open mind.

From now on, I will probably not pay this much attention (in my writing) to the details of each interviewee unless something important stands out. We’ve got, potentially, 500 people to go through, folks, and I’ve got a feeling it might take two weeks before we see the last person seated. After today, that’s the general consensus in the courtroom. What’s of utmost importance is that attorneys from both sides are allowed plenty of free space in their line of questioning. Not only is this about the death of a 17-year-old boy, it’s also about someone who could spend a minimum of 25 years in prison. It’s extremely important the jury that’s seated is as fair as they come, no matter what you or I personally think.

I think it’s also important to keep in mind that there’s a Frye hearing to conclude. We’re in it for the long haul. I know I am.

The Beat Goes On

When I wrote about the Casey Anthony case — All Those Years Ago, to paraphrase the late, great George Harrison — I said I thought she was a good looking girl. Of course, this was early into it, when it was all the rage to call her the ugliest woman on the planet. I said that, had I met her in a bar, prior to her daughter dying and, of course, me being in my late twenties, which I was not; I probably would have hit on her. All hypothetical. Some of my readers left me in disgust. Sometimes, honesty is not the best policy, but only in the sense that I never should have mentioned it. I was simply trying to say that you can’t judge a book by its cover. Backfire! Heck, they all knew I was in my fifties!

A television cameraman I have gotten to be friends with recently told me that his son did, in fact, meet Casey in a bar a year before anything took place, and he did hit on her. How can one look into another’s eyes and see the future? You can’t, but upon talking to her, he ultimately found her to be quite strange and chose to move on. There were plenty of other good looking girls hanging around that night and he was on the prowl. While you may think I am trying to make a point about good looking girls and book covers, I am not. It’s all about putting too much weight on how someone looks. Weight is the common thread between Casey and George Zimmerman. While she was cute and petite, he is not. He keeps growing, and I hope that is not a detriment during the trial. While texting my closest connection yesterday, I made the observation that he looked like a big ol’ toad sitting on a log. 

I didn’t mean it as a direct insult; let me assure you of that. But he does seem dazed, like he’s on tranquilizers or something, and I wonder if he will snap out of it by the time the trial starts. I don’t care if he weighs 300 pounds, so let me make that clear; however, is he content or overwhelmed by it all? Whatever, he seems indifferent and complacent, and that’s not a good thing for the defense in my humble opinion.

§

I had to be outside the courtroom door by 8:00 am in order to pick a seat. We were selected by lottery and I came up number 14 out of 24 media organizations. I chose my place and that’s where I’ll be for the duration; meaning all future hearings and the entire trial, sitting in the same spot. After the selection process ended, I saw Robert Zimmerman and we exchanged greetings. Just before the hearing began, I had a chance to talk to Frank Taaffe, too. We have gotten to be friends. Let me just say that I’ve dated women who were more liberal than me, and I’ve dated women who were more conservative than me. That’s very true of my friends, too. What difference does it make when it comes to friends and lovers? That’s something I hold close to the vest. Fairness to all. Everyone has an opinion, and all are welcome in my mind.

Judge Nelson likes to get right down to business. There had been a lot of sniping going on between the prosecution and defense the past month or so, and she made it quite clear that she wouldn’t tolerate it. At 8:58 am. She didn’t wait until 9:00, in other words. Both sides were getting nasty and acting like school children; like siblings fighting for attention from their parents. Over a toy. WAH! WAH! To those who think the prosecution is right, and to those who think O’Mara is a saint, the judge doesn’t share your opinions, and that’s what counts in this case. Her job is to maintain peace and to interpret law as both sides present it, and that’s the way it went in the courtroom on April 30, 2013, Common Era or Anno Domini, depending on your beliefs.

Over a half-dozen motions were heard. While some may view the hearing as a victory for the State, I didn’t see it that way. In other words, it wasn’t that clear-cut. Defense Attorney Don West wanted assurances that the State would turn over all cell phone records it has in its possession. The judge agreed and ordered it done. Prosecutor Bernie de la Rionda did say it had nothing new to add; that everything was turned over. The defense also wanted any 911 tapes that may have been enhanced by Benjamin Crump, one of the attorneys for Trayvon’s parents. Initially, Trayvon’s father, Tracy Martin, told Sanford police detectives that the screams for help were not his son’s. Later, he changed his mind. The judge had already ruled that Crump cannot be deposed because of his status as the family attorney. “Your Honor,” de la Rionda stated, “I am not Ben Crump.” The judge ruled that any enhanced tapes must be turned over to the Defense in 24 hours, but only if they are in the State’s possession.

April 17 was the Court’s deadline for adding any witnesses, but Nelson granted the Defense request to add five new ones, only named A, B, C, D & E. The State did not object, as long as it is given the same opportunity.

Turning the wheel, Judge Nelson ordered the redaction of personal information mistakenly released by the Defense, and closed the door on publicly announcing the amount of the lawsuit settlement between the Martin family and the Retreat at Twin Lakes, where Trayvon was shot and killed. It will remain under seal unless it becomes an issue at trial. I will delve more into this subject in a later article, but suffice it to say the Defense argued that it could potentially show prejudice from the Martin family in trial testimony and the State disagreed. What relevance would it have after the fact? Trayvon was dead long before his family sued.

§

Two other issues arose that were quite newsworthy. One, of course, was Zimmerman’s swearing in by the judge in order to question his understanding of O’Mara’s decision to not seek an immunity hearing before the trial. The judge had set aside the final two weeks of April (4/22 and 4/29) to hold an immunity hearing. O’Mara told the judge at the last hearing on March 5 that it would not be necessary; that it could take place during the trial, not outside of it. Judge Nelson needed to hear it from his client because a motion was filed by de la Rionda requesting that Zimmerman make it clear himself. [See: STATE’S MOTION REQUESTING COURT INQUIRY OF DEFENDANT REGARDING DEFENSE COUNSEL’S WAIVER OF ANY PROCEEDING TO INVOKE IMMUNITY (SELF-DEFENSE/STAND YOUR GROUND HEARING) UNDER F.S. 776.032]

In the State’s motion, de la Rionda noted that the defendant was not present at the March 5 hearing when his attorney waived the immunity hearing.

Failing to ensure that the Defendant has knowingly waived this statutory right has the potential to result in Defendant after being found guilty attempting to invoke such an issue in any post conviction proceeding.

The State formally requested that the Court conduct a full inquiry of the defendant. Ask him if he is aware of this. The judge obliged over concerted protests from O’Mara, who wanted it to be in the form of an affidavit. George personally waived his right, but it can still be brought up during the trial, as O’Mara has said for some time. Significantly, it could potentially mean that the Defense can move to drop the charge after the State rests, if it feels it’s a proper time to invoke immunity. More than likely, it would happen after both sides rest, but, if, and/or, when it does, it would be up to the judge to render a decision. If the judge denies it, the jury would decide on a verdict; however, the Defense also risks one important thing — that the judge turned down the immunity request for some reason. Would that impact or influence the panel of six jurors?

O’Mara did make one thing clear about that, though, regarding the judge. “We’d much rather have the jury address the issue of criminal liability or lack thereof,” so it may never go to the judge.

§

O’Mara brought up the blistering attack by de la Rionda in his response to sanctions requested by the Defense against the State for discovery violations, particularly from Witness 8, who lied about her age and a trip to the hospital she didn’t take. She used the excuse as an explanation for not attending Trayvon’s funeral; that she was too sick. The Defense contends it spent over $4,000 investigating and finding the truth — something the State was well aware of since last August and withheld.

O’Mara told the judge that de la Rionda’s response was unethical, inappropriate and scurrilous. He said it was a horrific personal attack that should be stricken from the record. Judge Nelson gave O’Mara five days to come up with a list of what he wants redacted. While not coming out and agreeing to do that, she did say she found things the court wishes were not in the State’s response.

While pleading his case, O’Mara put West on the stand. He reiterated the claims made by the Defense that Witness 8’s age was first reported by Crump to be 16 when, in reality, she was 18. He also spoke about the the hospital trip she never took.

When de la Rionda cross-examined West, he reminded him that the Defense had plenty of opportunity to interview Witness 8 long before the State did. He also said he could request sanctions against them, too, for violations, because they had caused undue delays. I don’t really see it that way. The defense has not caused any delays that I am aware of, but in the end, the judge did not see any violations from the State, either. “The court does not make a finding that there was a discovery violation.”

The judge did leave the door open. After denying O’Mara’s claim that he spent “hours and hours of work” investigating discovery not disclosed by the State, which de la Rionda vehemently denied and claimed was inadvertent, she said she had no problem holding a hearing after the trial to determine whether the State should have to pay the Defense for some of the costs incurred. In my opinion, the Defense may have a good claim.

§

The hearing lasted about three hours and ended around noon. As I left the courtroom, rode down the elevator, and entered the main lobby, Robert Zimmerman was sitting in a chair. I walked toward him, stopped, and we talked. He is a soft-spoken, gentle man. I asked him if he knew who I was. He did. I didn’t ask for egotistical reasons. I realized he must have known about my position in the case. After all, I still firmly believe his brother would never have exited his vehicle without a gun, and he did so despite it being the job of experienced law enforcement personnel.

While I have maintained an excellent rapport with Benjamin Crump and Natalie Jackson since the beginning of the case, I haven’t had much of an opportunity to speak with the other side, except for Frank Taaffe, who is really an independent person in all of this. Robert will always defend his family, no matter what. I understand that as surely as I understand Lee Anthony defending his sister. I told Robert that I would be fair in this case from now on. I said I would not take sides in reporting about the trial. I will tell it like I see it, but I will make no remarks about guilt or innocence. Why? This is my last hurrah. After the Anthony trial ended, people left me in droves. There were other trials and scandals to follow. Yes, some people remained and still do, but it’s the cases readers are interested in, wherever they occur. Yes, they like my take on crimes, but in the end, it’s the crime that matters. When this trial is over, what will happen? I am not the late Dominick Dunne. I cannot travel across the country writing about case after case, nor would I want to. After this, I am free to go; free to do whatever I want. My door will open. I will be able to write as I please and hope readers continue spying on me. I can move around. I can write music and kiss crime good bye…

Oh wait! One of my journalist friends just had to remind me that Casey’s civil trial will probably take place before the end of the year; the one filed by Zenaida Gonzalez. I guess that means I’ll have to wait to retire my crime writing laptop. Darn, I hope you don’t mind.

The Curious Case of Benjamin Crump

Natalie Jackson, Dave Knechel and Benjamin Crump

The maelstrom that’s surrounded George Zimmerman since February 26 of last year reached a crescendo in the courtroom last week. Sort of. Then it waned. That his defense team has worked hard for him is something worthy of recognition, but little has been achieved during the course of the O’Mara reign — not that I’m doubting the defense team’s crowning victories; removing two judges from the bench.

What’s so interesting about the hearing to compel Benjamin Crump to be deposed (MOTION REGARDING DEPOSITION OF BENJAMIN CRUMP, ESQUIRE) is not so much that it was a loss to Zimmerman’s attorney, Donald West, who argued for it; it was that, even with a grant by the judge, what would have been gained? What would Crump have to offer other than opinion laced with innuendo?

In his response affidavit, Crump stated that he telephonically interviewed Witness 8, but before making the statement, he laid a foundation explaining what brought the interview about. For anyone to believe that he did so for the prosecution’s sake would be a fool. He did so at the behest of Trayvon Martin’s parents — for future civil litigation against the defendant. It is the interests of his clients that he considers. Yes, this includes some semblance of justice, but, to be specific, he was under no legal obligation to make the interview public, nor was he bound by law to turn it over to the prosecution or defense. Certainly, he was right when he did so. 

6. On or about February 28, 2012, after local authorities refused to arrest Defendant, my law firm and I were engaged by Trayvon’s parents to, inter alia [Latin for “among other things.”], zealously pursue, defend and protect their rights as the next of kin of a homicide victim, as well as any wrongful death and other civil claims that they or Trayvon’s estate may have — including, but not limited to, statutory, common law and constitutional claims against Defendant and others arising out of or related to Trayvon’s tragic death, access to public records, and the criminal prosecution of Defendant (collectively, the “Litigation”).

In essence, this means Trayvon’s parents have every right to legally pursue in civil court the person who admitted to shooting and killing their son. Whether this was murder or self-defense will be decided in criminal court.

7. The broad scope of my engagement in regard to the Litigation has remained the same at all times material to the instant case and, since February 2012, my reputation has been continuous and remains ongoing. From the outset through the present, I have gathered factual information and performed legal research from which I have formed — and continue to form — my own legal opinions, conclusions, mental impressions and theories of liability in regard to the Litigation.

There it is, in stark black and white — OPINIONS! As noted by Bernie de la Rionda at the hearing on February 22, there was never anything substantially factual to be gained by deposing Crump and Judge Nelson soundly agreed. She continued to badger the defense, West, in particular, about relevance. To what purpose would it serve?

In my opinion, the judge took Crump’s affidavit at face value. She believed him. (It’s also interesting to note that West rebuked Crump’s title of Esquire in open court, yet used it in the title of his deposition motion.) She reminded the defense that, while Crump did interview Witness 8, he was not present at the shooting. He wasn’t listening in on the phone call between Trayvon or Witness 8, either.

In her order, Judge Nelson cited several cases supporting her decision. I believe this is to back her up later on if there is an appeal.

One of the problems West brought up about Witness 8 was the way Crump described her age. Was she 16 or 17 at the time of the recording? While I agree with the defense on this one, I side more with the judge. She scolded West and O’Mara by telling them they’ve had 10 months to depose that witness. Why haven’t they done so? You see, and this is my thought, why put the cart before the horse? Why not ask the witness first? Then, if you have questions, file a motion to depose Crump. Now, it’s too late. The defense lost this round.

But did they lose? Not really. While I understand the motion, I saw nothing to be gained had they won; nothing at all. The relevancy precluded it. Crump never had much more to offer than opinion, and there still remains that strong element called attorney/client privilege. And neither side would dare put him on the witness list.

§

Along similar lines, tomorrow will mark the one-year anniversary of Trayvon’s untimely death. Battle lines are drawn, although there are no real fights in the physical sense. We’ve got www extremists on both sides that believe they are the one true authority. Well, that’s simply not true. The court is the only one that counts. Period. The rest is pure conjecture.

Zimmerman’s supporters believe Tracy Martin verbatim when he was questioned about the horrible cries for help heard on at least one of the 9-1-1 tapes. No, he initially said, that’s not Trayvon; however, he was under duress at the time, having just lost his son. Later, he rescinded that statement. What matters is what he will say on the stand, under oath, not what Internet people opine online. 

What no one seems to relate to is that fathers have no intuitive instincts compared to mothers. What, you say? What is it about mothers waking up in the middle of the night before their babies start to whimper, let alone cry, yet fathers sleep right through it? Trayvon’s mother immediately recognized her son’s voice in those calls, so why isn’t that an important piece of the puzzle to Zimmerman loyalists? When Trayvon was growing up, did Tracy hear the cries of his son like Sybrina, who mended his cuts and bruises; who rocked him in her arms? 

This is my point completely. Simply said, it’s wrong to make any assumption based on nothing more than presumption. Who knows for a fact right now whose voice screamed out in the dead of night clouded by light rain? The witnesses that spoke first and later changed their minds? George certainly knows. Sybrina, too, in her mind, and she will say so when it matters most — in the courtroom.

Why is it that the fans of Zimmerman question where Trayvon was “lying in lurk” when he had plenty of time to run home, yet couldn’t care less that George had nearly a minute to get back to his truck after crossing the “T” on the rebound where he claimed he was attacked? What was he really doing? He was still on the phone with dispatch!

You see, it’s not my point to prove what happened that night because I can’t, although I have walked the walk inside the Retreat at Twin Lakes and recorded it on video. I see what adds up and what doesn’t. Because of this, I think it was totally wrong for the defense to seriously consider that Crump could have offered anything more than his opinion on the homicide. Other than Zimmerman, the next best thing has been Witness 8. All along.

Pay attention to 4:56 in on the following video, NEN Call and Trayvon’s Walk. It documents the time based on statements given to the Sanford Police Department by George Zimmerman.

Out of Order

“I don’t see any of your issues as insurmountable.”

- Seminole County Circuit Court Judge Debra Nelson, in denying a continuance motion filed by Zimmerman’s lawyer, Mark O’Mara.

I believe George Zimmerman’s defense is so busy prepping for the immunity hearing set for late April, that it’s one of the most important reasons why O’Mara filed the DEFENDANT’S MOTION TO CONTINUE. Plus, time needed to sweeten the pot, of course. Granted, mounting a proper defense takes time, but O’Mara has been quick to point out that his client is so innocent, it’s blatantly obvious. SLAM DUNK! If anything, he should be in a hurry to end the nightmare he’s so sure his client is innocent of; and he’s said so on numerous occasions. I mean, why worry?

“I will call my wife as an expert witness that I want this case tried in June.”

- Mark O’Mara, at the hearing on February 5

The motion filed on January 30, sans photographic and assorted correspondence evidence, is fifteen pages long. Someone spent a lot of time putting it together, yet it was fatally flawed right from the start. If you read (5) on page one, O’Mara acknowledges:

“While it should be noted that the State Attorney’s Office has assisted the defense by organizing and presenting State witnesses for deposition without need for subpoena, there have been other problems and/or delays with discovery.”

Yet, on page three (7), the motion states: 

“Again, while the State is within its right, under the letter of the rule, to demand […] formalities, that has cost hundreds of hours of additional time to be expended, which has delayed work and progress on other substantive matters.”

This is not quite the truth. The Defense spent many hours sweeping Judge Lester out the door. (See: WRIT OF PROHIBITION.) I am convinced the judge gave George Zimmerman a reprimand he most certainly deserved when his wife lied in open court and he kept his mouth shut. I also think Lester would have moved on from that point and been as fair as possible. It was simply a scolding — holding no further grudge. Regardless, the bottom line is that it was purely something the Defendant created and the State should not be blamed for this loss of precious time. Period. That’s what the continuance motion was all about; not enough time, yet it never once mentioned the time it took to file the writ, then the appeal and, finally, to win the appeal that ordered Lester’s removal from the case. Which leads to…

“The State can’t control the methodology the [defense] uses.”

- Bernie de la Rionda, at the hearing, on how the defense schedules its subpoenas

In the State’s rebuttal motion, STATE’S RESPONSE TO DEFENDANT’S MOTION TO CONTINUE, Bernie de la Rionda let the Court know the Defense motion for a continuance was very one-sided and that he has complied with discovery rules. This is more about depositions:

“And while many depositions have been taken, in some cases it was only after the State repeatedly asked that depositions be set. There have been too many delays in getting Defense Counsel to schedule depositions, on at least four occasions depositions were scheduled (entire days were set aside), only to be informed by Defense Counsel the depositions were cancelled. The State has expressed its frustration with this process.”

Also written in the response was that, originally, both sides had agreed to set aside the entire week of January 28 for depositions, but as the week neared and nothing surfaced, the Defense informed the State that only two days would be allocated for depositions. Later, the State was informed that none would take place because the Defense was focusing on the preparation of the continuance motion during that week. This is all documented, too.

Of course, it almost goes without saying that Bernie de la Rionda formally objected to Mark O’Mara’s statement about the State’s formalities: 

“The State has previously attempted to inform Defense Counsel of certain information during ‘informal discovery’ only to have the statements taken out of context and/or misstated in motions and arguments.”

De la Rionda wrote that the State will continue to comply with the Florida Rules of Criminal Procedure, but will not provide them with a roadmap of what the evidence shows, nor will it connect the dots before depositions are taken. He also noted that the Defense complained about having to spend a great deal of time “reviewing and dealing with all the information ‘which has flowed through various social media sites, blogs, media outlets, and other vehicles’” without mentioning that Zimmerman and O’Mara created their own sites and continue to spend hours sorting through bits and pieces information. We need only look at the Sean Hannity interview for what makes this an example of hypocrisy in action.

One of the things that’s irked me for some time is the Defense’s propensity to blame the media for all of the information that’s out there for the public to pick through, yet it is responsible for a great deal of it. That’s the pot calling the kettle black, as far as I’m concerned. We live in a different world, too, and it’s now quite apparent that all of the negative publicity spewed during the nearly three years of the Casey Anthony case, from July 2008 to the onset of the trial in May 2011, did nothing to harm her in court. In this case, if anything, Zimmerman’s Defense has been doing a great job handling public relations. They should be counting their blessings, in other words.

This is no dress rehearsal; nor is it the first time O’Mara has been involved in a complex case, so he understands the mechanisms completely. At a hearing on October 26, Judge Nelson addressed the date of trial and set it for June 10. Three days later, she issued a scheduling order, the AMENDED SCHEDULING ORDER AND ADMINISTRATIVE PROCEDURES TO BE FOLLOWED BEFORE TRIAL (amended to correct year of trial date). In it, she wrote:

It is hereby ORDERED:

1.  Trial is presently set to begin on June 10, 2013.

a.  Any Self-defense Immunity / Stand Your Ground motion shall be filed and heard on or before April 26, 2013, which is 45 days before trial.

b.  Final witness lists, including any expected expert witnesses, shall be exchanged on or before March 27, 2013, which is 75 days before trial.

c.  Any other pre-trial motions shall be filed and heard or [sic] before May 10, 2013, which is 31 days prior to trial.

d.  Certain short-matter motions addressing purely legal matters may be heard on or before May 31, 2013, which is 10 days prior to trial.

e.  No continuances [emphasis mine] of the trial will be granted on the basis that the parties have not complied with these deadlines.

There it is, folks, in simple black & white. No continuances; none simply granted, anyway, and Mark O’Mara should have expected the outcome going into Tuesday’s hearing. Shades of Judge Belvin Perry, Jr., who is also a stickler for dates and times. It should also be mentioned that, before her quick ruling, Nelson noted that she had two dates set aside for hearings to deal with discovery and other issues, but neither side took real advantage of them, not that the State seems to need them. That could have, quite possibly, hindered the Defense by not keeping the Court apprised of their situation throughout.

Oh well, it didn’t hurt to try on Tuesday but, times-a-wastin’ and there’s an immunity hearing to prep for… 

Also see Daily Kos

The Heart of the Matter

I don’t think anyone will ever be able to connect  the racism dots when it comes to George Zimmerman and Trayvon Martin. The really creepy part about the two names is that they will forever be interconnected, like Abraham Lincoln and John Wilkes Booth. While not of the same magnitude as a presidential assassination, a life is still a life is still a life, and none is more valuable than another, whether red, yellow, black, white or any shade in between. We’re not talking red state/blue state; we’re talking about life and death, and it’s not a game.

Let’s take a quick look at the sad case of 45-year-old Michael Dunn. News reports say he “allegedly” fired 8-9 shots into an SUV parked at a convenience store on Friday night. I say there’s nothing alleged about it. He did it. The question is why. He said he didn’t mean to kill anyone. 8 or 9 bullets and he didn’t mean to what? The fact that he fired at all is a tragedy.

From all accounts, Dunn and his girlfriend had just left his son’s wedding reception and stopped at the Gate Food Post convenience store at 8251 Southside Blvd. in Jacksonville on the way back to their hotel room. He pulled up next to the SUV that had music booming LOUDLY. When he got out of his vehicle, he confronted the four occupants and complained. TURN IT DOWN, he screamed. An argument ensued and Dunn pulled out his gun. Some of the shots struck and killed 17-year-old high school student Jordan Davis, who was sitting in the backseat. No one in the SUV was armed, according to initial reports. Lt. Rob Schoonover with the Jacksonville Sheriff’s Office said, “They were listening to a little music. It was loud, they admitted that, but, I mean, that’s not reason for someone to open fire on them.” (See: Many unanswered questions in loud music killing)

I hate to drag Florida through the coals again because shootings happen all over the world. Texas is a great state for shooting from the hip, so we are far from alone. Taken at face value, this seems to be your typical white-on-black shooting, and in some circles, the killer would be considered justified because of two simple “reasons” — the shooter owned his gun legally and the victim was black. Or African-American, if we need to be politically correct. Need more ‘splainin’? Talk to the hand. Yet it seems that the mere fact of being white and owning a gun somehow legitimizes a killing, but only if the victim is of color. God forbid that two white boys with concealed carry permits gun each other down. That would never make the news because there’s no worthy angle, and angles are the nature of news; black/white or white/black. Just like Hispanic/Hispanic doesn’t go far. There’s no racial edge.

We may question the motives of an angry white man leaving his son’s wedding reception where, I’m sure, alcohol flowed freely. We don’t know if Dunn even had a drop to drink, but we do know that a defenseless 17-year-old boy is dead. What sort of threat could any of the young men have been to the gunman? Why, if the shooter was so innocent, did he leave the scene and return to his hotel, only to drive home to Brevard County in the morning, where he was found and arrested? No one EVER shoots up a vehicle and leaves the scene unless they hope there are no witnesses.

Dunn entered a not guilty plea on Monday to charges of second-degree murder and attempted murder. His attorney said he acted responsibly and in self-defense. Shades of stand your ground! I can see it coming! At the precise second Dunn pulled out his gun, he felt threatened.

I feel that people like George Zimmerman and Michael Dunn make a mockery of the stand your ground law, but some dynamics are at work. While its intent may be all well and good, there are idiots who interpret SYG as a license to kill. They take more than the law into their own hands because, in both situations here, the shooter was the instigator, the judge, the jury and the executioner. It seems as if people like them believe they are wearing SYG armor and are impervious to prosecution. It’s called an arrogant sense of entitlement. Go figure.

Mark my words, Dunn’s defense team will subpoena Jordan Davis’s cell phone records. If the boy owned a smart phone, the defense will collect information from it; who he talked to, sent text messages to, and where he visited online. Rest assured, if he listened to Hip Hop music, used Hip Hop text language and visited gangsta sites, like all of today’s youth, he will be painted as a no good degenerate, just like the picture Mark O’Mara will try to portray of Trayvon Martin. It’s called character assassination. This leads me to an obvious segue. Please allow me to ‘splain. Yo, Yo, Yo…

§

Word on the street (and in the Orlando Sentinel) is that law enforcement has failed to download all of the data from Trayvon Martin’s cell phone, particularly what’s stored on the chip residing inside the phone. Why? Because the phone is still password protected. Tracy Martin, Trayvon’s father, knows the PIN, but he has yet to turn it over to authorities. There may be a few reasons for withholding that number, too, but what’s important to note first is that the defense does have information regarding the last few calls, according to Mark O’Mara. We’ll get back to that.

The gist of the matter is rather plain and easy to understand, but first the problem about perception. If Tracy Martin is keeping the PIN away from law enforcement, he must be hiding something, right? I mean, what else could the reason be? This would prove the kid was up to no good and deserved to be shot. George’s mission from God that night was to take out a boy who was clearly on a path of evil and destruction. Who knows how many people he would have harmed had he not been stopped right then and there; the night of February 26?

Yeah, right. How delusional.

If the Sanford police came to my door, showed me a photograph of my dead son and said he was killed in self-defense, only to find out later that the circumstances might not have been as law enforcement presented them; that my son was actually the victim instead, would I be inclined to trust them with any evidence at all? Remember, it was the Sanford police that insisted the screams for help came from Zimmerman, and when pumped for an answer to that very question at a most inopportune moment, Tracy said he didn’t think it was Trayvon’s voice. Is it? Is it? Well, is it? The man was in agony and denial at the time. What would anyone expect from a grieving father after recently finding out his son was killed and never coming back?

As time went on, it became apparent to Trayvon’s parents that the police were doing nothing to seek the truth regarding the death of their son. Things had deteriorated to the point that, on March 5, Sgt. Joe Santiago asked Tracy for the PIN, and his response was, at best, less than obligatory. He told the sergeant he’d check with his attorney. Three days later, during a March 8 news conference, Martin told the media he would not help the police because they were of no help to him. “My son left Sanford, Florida, in a body bag while George Zimmerman went to sleep in his own bed.”

What we must remember is that, while the PIN has been elusive, gaining important information from the phone has not. It was eventually sent to the Florida Department of Law Enforcement, where crime lab specialist Stephen Brenton was able to analyze the contents of the SIM and SD cards. Without the PIN, the data on the phone’s internal chip remains a mystery, but the two cards were revealing enough. From the Orlando Sentinel:

The information downloaded by Brenton at the FDLE lab “tells me the last few phone calls, but that’s about it,” [Zimmerman defense attorney] O’Mara said. “It looks like there is other information that I should have.”

This leads me right back to the heart of the matter. What difference does it make to anyone about the phone calls, text messages and Website visits Trayvon made days and weeks leading up to his death? O’Mara has records leading up to the shooting. What more does he need? Well, just like what I expect any criminal defense team to do, O’Mara’s goal will be to assassinate the character of Trayvon Martin. To what other end would it serve? That would mean Trayvon would die twice — once in real life and once in the courtroom — and if I were his parents, I’d do nothing to help the defense team. Absolutely nothing. Because everything will be taken out of context in a world where half-full becomes half-empty, and innocent texts between Trayvon and his mother could readily turn into a new and freakier Casey Anthony sideshow; where simple words become innuendo, perversions, and complete distortions of the truth. That would truly be heartbreaking.

Cross posted on the Daily Kos

Call Me A "Gagnostic"

 As a writer and journalist, I don’t particularly believe in gag orders, so when the second gag order motion was filed by the State on October 18, I had a feeling it, too, would be turned down, just like the first one on April 30. Sure, the first one was denied by a different judge, but the law is pretty clear about what a gag order is, and George Zimmerman’s defense team has not reached the brink of breaching the legal levee to a point of overflowing; when the public is flooded with pre-trial information that may possibly prejudice a jury down the road. Of course, this is assuming that the State passes its first hurdle — the ‘not yet filed’ defense motion for immunity. We won’t go there. Not now, anyway.

The definition of a gag order is quite simple. Law.com describes it as “a judge’s order prohibiting the attorneys and the parties to a pending lawsuit or criminal prosecution from talking to the media or the public about the case.” The description further states that a gag order “has the secondary purpose of preventing the lawyers from trying the case in the press and on television, and thus creating a public mood (which could get ugly) in favor of one party or the other.” A gag order would apply toward law enforcement officials and include all witnesses.

The second part of the description is intriguing because attorneys have been trying cases in the media since the first stone tablet announced something of legal merit thousands of years ago. Before then, it was grunt of mouth that spread the news, and I’m sure that, back then, there were lawyers that hung their slate shingles over cave entrances advertising their services. In those days, they probably wore custom-tailored saber-toothed fur ensembles to court instead of more mundane beaver skins.

Back to the present. The only thing that’s new about the George Zimmerman/Trayvon Martin case is that the Internet has evolved over the years. We didn’t see it during the O.J. Simpson era of the mid-90s because, unlike today, there wasn’t really a huge need for it. Cell phones were the size of bricks, they were very expensive, and most people were still content with their beepers, fax machines and copiers. I went online sometime in the mid-to-late-90s, but I was in information superhighway diapers until the early 2000s. That’s the way it is in the courtroom now because most laws regarding trial publicity were written prior to the massive explosion of the digital age. If we only go back four years, we witnessed it with the bombastic blast of information regarding the Casey Anthony case, the likes of which we’ve never seen. Thousands of documents were released to the public due to Florida’s liberal Sunshine Law. It wasn’t without problems, though. Case in point: If two different sized tires were found in the woods where Caylee was found, you’d better bet the public retreaded them and overinflated their minds to believe that Casey threw those tires there for a reason. They dissected everything. Why were those tires there? What was Casey hiding? Who helped her? Roy Kronk? God forbid that they might have been there since 2003. Yes, they became Casey’s tires, yet they never swayed the jury one way or the other. There’s a reason for that. They weren’t hers and they were never introduced as evidence at trial. Those woods had been used as a dumping ground for years. That’s the problem with evidence. It’s not always evidence.

Granted, the Zimmerman defense had been publishing all sorts of information on its site, the gzlegalcase, about their client and some of the evidence that’s been released to date, but it was nothing more than what’s been released to the public, anyway. The defense has merely been offering their own interpretations, and some conflicts with the way the State thinks. While the State has been very tight-lipped, that doesn’t mean the defense must play the same game. Most certainly, it doesn’t mean that we have to believe what anyone says, either.

§

During the gag order aspect of the hearing on October 26, Bernie de la Rionda rambled on. At times, I found him to be inconsistent and somewhat disheveled, wordwise. He asserted that the defense Website had been somewhat unethical. Zimmerman & Company called witnesses liars and tried to bypass the media by offering their own version of the case instead of how the media might interpret it. I disagree. We are given the same information in discovery. We can write our own commentary. For instance, Zimmerman’s medical records indicate he may have sustained a broken nose during the fight with Trayvon the night of February 26. O’Mara clearly said it’s a fact and undisputed that his client’s nose was broken. I don’t have to believe O’Mara and neither do you, and that’s the whole point.

Discovery impacts potential jurors a heck of a lot more than anything the defense throws out, in my opinion, and no proof exists either way. His nose was broken, his nose wasn’t broken. You decide. Ostensibly, both sides will offer tons of rhetoric at trial. It’s the name of the game. There is one point where I may agree with de la Rionda. It’s when he commented about the defense site’s quote asking for donations from those who would do the same thing if they were in Zimmerman’s shoes. That’s pretty tasteless and crass, not to mention cold-hearted and grossly opinionated. SEND MONEY IF YOU THINK TRAYVON DESERVED TO DIE. Never mind that O’Mara’s job is to defend his client, not bark for money. If O’Mara has a fault, it’s that he can be overtly insensitive at times.

When O’Mara got up to explain why he had done nothing wrong to warrant the gag, I agreed with him until he asserted that the attorneys for Trayvon’s parents were using the race card. Yes, early on, it turned ugly in a racial kind of way, but O’Mara practically accused Benjamin Crump of inciting a race war. That’s just not true. I attended the National Rally for Justice on Behalf of Trayvon Martin in Sanford on March 22, and all I heard from the speakers, including Rev. Al Sharpton, was nothing but justice, justice, justice. Take it through the court system! That’s all they have been seeking. Not retribution. O’Mara claimed that Crump called Zimmerman a racist murderer and, I’m sorry, but I never heard that. If you can show me where Crump did, in fact, say it, I’ll eat my hat.

He also accused Crump and Natalie Jackson of being surrogates for the State. That’s not true, either, any more than saying that Robert Zimmerman is working for the defense. O’Mara claims that, as a surrogate for the State, Crump must be as bound to Florida Rule 4-3.6 as the immediate attorneys involved in the case. I disagree. Crump does not represent the State. His represents Trayvon’s family. Period. Even if a gag order were in place, it would have no bearing on him. I feel that the intent of this sort of strategy in the courtroom was to throw the judge off course. “They went thataway!” It didn’t work because Judge Nelson didn’t blink. She would not budge, and she often had to remind the defense and prosecution to stay on the road.

§

I was fairly certain before the hearing began that Judge Nelson was going to rule against the gag order motion. While I had some problems with the defense, did anything ever rise to the level that I would consider iffy? No, but I can understand some of the issues at hand. For instance, what separates bloggers from mainstream media? The Huffington Post is a blog, but it’s the media. Daily Kos is as much a part of the media as the New York Times Website. So is NewsBusters. Then there’s Marinade Dave. We won’t go there, but my point is clear. There’s no single distinguishing line that separates media outlets, so why can’t the defense have a blog?

When O’Mara slightly belittled de la Rionda by reminding him this is 2012 and that law books are no longer on shelves, it reminded me of the final presidential debate on foreign policy, when Obama ridiculed Romney about the armed forces no longer fighting with bayonets. While I understood the president’s point, I knew he was wrong. Marines still carry bayonets. In that vein, not all attorneys are Internet savvy. The last time I checked, Office Depot and Staples still sell legal pads and writing instruments with ink, not just digital tablets and capacitative touch screen pens.

But now that we are in the midst of a technology frenzy that continues to skyrocket into the future, at a time when my six month old 3rd generation iPad is already obsolete, I question what good a gag order would do in today’s world. Just how would it impact a jury seven months into the future when we live in an age of lightning LTE speed? The old saying, today’s news is at the bottom of tomorrow’s birdcage, no longer applies because you can’t clean up birdpoop with the Orlando Sentinel dot com. This morning’s news is already old and who can remember what happened yesterday? Other than something that impacts us tremendously, like Superstorm Sandy, who cares? By the time George Zimmerman goes to trial, no one will remember O’Mara’s ramblings from last month, let alone care. Trust me on that one (but I do find it peculiar that nothing new has been posted on the gzlegalcase site [as of this writing] since October 23.)

Ultimately, Judge Nelson denied the motion because alternatives are available to the court to “ensure that an impartial jury can be selected. Those tools include a change of venue, a larger than normal jury venire, individualized voir dire, and stern instructions to the jurors as to their sworn duty to decide the issues based only upon the evidence.” I fully concur, but I think the best news to come out of her order was one simple, yet important, thing. Had a gag order been placed, other than Benjamin Crump, the media would have had no one else to talk to but Robert Zimmerman, Jr, and no one but the media and his own family care about him. And he only matters when there’s nothing better to report. Count your blessings. It’s good to be a gagnostic.

[Prior to the start of the hearing, I wasn’t sure I could get an Internet connection on my iPad. I did, but in the meantime, I asked Rene Stutzman, senior reporter at the Orlando Sentinel, if she had any paper to spare. She gave me her legal pad without hesitation. That was very kind and generous of her. Of course, I gave it back.]

Cross posted on the Daily Kos

A Facebook Face-Off?

I don’t think there’s a person in the world that doesn’t know a big election has been brewing in the United States. Perhaps there’s a handful who don’t know, but that’s not my point. What we have is a voting population that’s very split on the two presidential candidates, Barack Obama and Mitt Romney. Republicans and Democrats alike are extremely adamant about their man to a fault. Obama has the right ideas! No, Romney is best! It’s a real lesson in American civics; a true look into the theoretical and practical aspects of our citizenship. Each side is right, of course, and their constituents are convinced of it. The other side is dead wrong. That’s the problem with people. We tend to only see virtue in our candidate and vice in the other. 

If we look into the George Zimmerman/Trayvon Martin tragedy, it seems as if civilized society is divided the same way, like the parting of the Red Sea, and depending on which side of the fence we’re on, our guy was the victim. The other guy started it. As in politics, it’s a mixed up, muddled up, shook up world; only this one reeks of racism, gun rights and a sense of morality that’s unique to each of us. And as sure as the upcoming election, the truth is not somewhere in the middle. Someone is going to prevail; someone is going to be right, whether it’s the truth or not.

§

I arrived at the courthouse about a half-hour or so early on Friday. As I approached the entrance, an SUV with tinted windows was parked nearby and the media were standing close enough (with microphones and cameras in hand) in hopes that George Zimmerman would emerge. I glanced but continued to walk. Once inside, I passed through security and began the standard ritual of putting my belt back on and putting all my stuff back in the correct pockets. That’s when I looked up and, there, within inches, was George. As he walked by me, we looked into each other’s eyes, but it was for a mere second. As he continued to head toward the elevators, I turned and followed him with my eyes. My, my, I thought, George put on quite a few pounds.

Less than a minute later, I was ready to go up to the fifth floor courtroom. A local TV journalist accompanied me on the ride up. She asked if I had seen him. Yes, I responded, he just walked by me. She said he looked like he gained a hundred pounds! I figured he must be pretty lethargic these days, I told her; not being able to go anywhere for the most part. That, and all the pizza and Chinese takeout he probably eats. We both chuckled briefly, but then the door opened and we were ready for business.

Before you go into the courtroom, you must pass through another security check. Unlike the last hearing, this time we didn’t have to remove our belts and shoes — just what was inside our pockets. Moments later, I entered the double doors and took a seat near the back.

When court came to order, Judge Nelson got right down to business. I don’t want to give you a blow-by-blow account of what transpired during the next hour-and-a-half. After all, most of you watched it on TV, saw it on the news or, marginally, read about it on a Website. Right now, I’m more interested in the ramifications of some of the judge’s decisions. I will say that, from what I and most of you observed, Judge Nelson will be a perfect fit for this case. She’s quite adept and strict enough to keep both sides in check. No nonsense, in other words, but she’s not without a sense of humor, either, which is great for calming nerves and abating tense moments from legal disagreements.

I didn’t get the sense that any of the attorneys were all that familiar with her style. Certainly, with Bernie de la Rionda, I could understand, but Mark O’Mara and Donald West didn’t seem to feel right at home, either. One thing is clear, she will not allow her courtroom to veer off course one bit. When O’Mara and de la Rionda started to whine and snap at each other like yappy little dogs, she told them to heel, and heel they did. She wasn’t gentle, nor was she harsh. She just made it clear enough to let them know what she expects from them. It was exactly what I anticipated at the heat of the moment. She recognized how it could have easily gotten out of control and made an “adjustment.” West, on the other hand… he’s a pitbull, and even when the judge admonished him, he kept going. This guy has a chip on his shoulder and he makes O’Mara look like a saint, with de la Rionda somewhere in between. I am sure George would freak if West were working for the other side. Big Boi Don West.

§

With no fanfare or special order, here’s the way I saw the judge’s orders. She granted the State’s request for George’s medical records, but limited how much the prosecution would get. How much? O’Mara was willing to give them 30 days before the incident and 30 days after. However, he handed the court all documentation that was available to him. Judge Nelson said she would look at the logs and dates and decide what is appropriate based on privilege. Personally, I think the State should get everything, but it’s just my opinion.

I’m not going to bother with the phone call recording that Benjamin Crump turned over to the FBI. After a discussion, that one will be resolved, and most of the nitpicking issues over evidence will be cleared up, too, so I’m not going to write about them unless they become problematic down the road.

What was interesting was the motion filed by West asking for regularly scheduled hearings. In that motion, he also asked for a second judge; a senior judge to oversee docket soundings, but Judge Nelson never entertained the thought. I think, by that time, West knew better than to address it. She had pretty much made it clear at the docket hearing earlier in the week, which she reiterated, that her schedule would remain wide open for them, including weekends and holidays. She will do whatever it takes to move this case forward. 

This leads me to the meat of the hearing — Citing prior case law, the judge granted the defense motion seeking Trayvon’s Facebook and Twitter records. Since Zimmerman is mounting a self-defense claim, he has a right to see evidence that may support any aggressive and/or violent behavior by Trayvon. It will be tough, though, because they’ve got to go through Facebook and Twitter to get those records. Not an easy task.

Here’s where some of you may not agree with me. I think the defense has a right to see it and I will explain why. Just like in this heated election, we have a propensity to take sides. Not only do we take sides, we fervently believe our man is right and the other guy has got to lose. That’s all there is to it. Only it doesn’t work that way in a court of law. No matter how you feel, the way our system works, George is innocent until proven guilty. The law favors him, not Trayvon. Sad, but true. Florida law states:

90.404  Character evidence; when admissible.

(1)  CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:

(a)  Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.

(b)  Character of victim.—

1.  Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or

2.  Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.

(c)  Character of witness.—Evidence of the character of a witness, as provided in ss. 90.608-90.610.

O’Mara cited Dwyer v. State, 743 So. 2d 46, 48 (Fla. Dist. Ct. App. 5th Dist. 1999):

Generally, evidence of a victim’s character is inadmissible, but a defendant who alleges self-defense can show, through the testimony of another witness, that the alleged victim had a propensity for violence, thereby inferring that the alleged victim was the aggressor. Smith v. State, 606 So. 2d 641 (Fla. 1st DCA 1992); see also Ehrhardt, Florida Evidence § 404.6 (1999 ed.); Graham, Handbook of Florida Evidence § 404.1 (1987).

A defendant’s prior knowledge of the victim’s reputation for violence is irrelevant, because the evidence is offered to show the conduct of the victim, rather than the defendant’s state of mind. Ehrhardt. Accordingly, evidence of one of the victim’s reputation for violence was not prohibited by Dwyer’s lack of prior knowledge of that victim’s character traits. 

Here’s where I am rather confident, though. Let the defense have at it. When I was 15-years-old, I called out a kid in school. He never showed. There was no fight and nothing was reported. Suppose we did fight. Would that be enough to render me a violent youth? A “gangsta” in today’s world? Would Mr. O’Mara use that against me? You bet he would. But the point is, I never got close to a fight again in my life, and that kid I called out has been my best friend ever since. You’d better believe that Mr. de la Rionda would be quick to point that out, too.

O’Mara said that videos exist showing Martin’s involvement in MMA (mixed martial arts) fighting. I say, let him find them. Trayvon’s parents will counter that their son never took MMA lessons. O’Mara will tell the court that Trayvon boasted of beating up other kids. I will tell you right now that male children and young adults readily tell their peers how tough they are, but does that make it true? They will boast about their manhood and brag about prouesses sexuelles, outstanding abilities in bed and incredible lasting power, not to mention a long list of nameless conquests — nameless because they don’t exist. I know, because I heard them all growing up. So did O’Mara, and if he plans to use this sort of thing to trash Trayvon, it would be a real disgrace. It’s braggadocio, and everyone does it. Besides, it doesn’t prove a thing.

O’Mara was also granted power to subpoena the Facebook and Twitter accounts of Trayvon’s girlfriend because he’s convinced her online posts will contest the story she gave police about being so devastated by his death that she couldn’t attend his funeral. Like she got over him in record time. Judge Nelson told de la Rionda that he can contest this part of the ruling in writing if he wishes.

Let me tell you, I have a friend with a 15-year-old daughter and she flits around hourly. Friends come and go on a mere whim. Adults forget the mind of a teenager, when hormones rage. Besides, people mourn in their own way. Put the girl’s mother on the stand and see what she’s got to say. While O’Mara shreds the children, why not look at what the Zimmermans told each other about being rich and famous while he sat in jail. “It’s gonna be a great life!”

Did Trayvon’s death bring her a great life?

I will say this. If Trayvon was such a tough and violent gangsta, how come no one has come forward? So far, I haven’t heard a peep out of anyone he went to school with. I think the defense is going down a dangerous and slippery slope; one that could backfire if handled improperly. You’d better be able to prove what you say, Mr. O’Mara, or your name will be sliding down an ugly and vicious path.

One final thought… I wouldn’t put it past ANY defense attorney to make their client look sickly and weak in court, hoping that the judge takes pity. Just look at the poor, poor boy and what he’s been through. Instead, I hope the judge keeps Trayvon’s memory alive. He’ll never have an opportunity to get fat, and by the time O’Mara gets into his character assassination mode, Trayvon is going to be transformed right before your eyes and ears — from a momma’s boy into a horrible monster. Just remember, monsters aren’t real. George is.

 

Cross posted on the Daily Kos

Family Response To Motion for School Records and Social Media and Why Trayvon's Facebook Page and Twitter was taken down after his Death

From Benjamin Crump, attorney for Trayvon Martin’s parents:

“Trayvon’s parents maintain that his school records and Facebook page are completely irrelevant to George Zimmerman’s decision to get out of his car to profile, pursue, and shoot their son in the heart on February 26, 2012.  How does George Zimmerman’s review of Trayvon Martin’s high school and middle school records and Facebook page bear any relevance to Zimmerman’s decision to pull the trigger and kill a seventeen year old child?  Is this going to be a new legal standard we are setting- for a murderer to review the school records and Facebook page of his teenage victim to determine whether or not he should have killed him?

 

“After Trayvon’s death, there was a small group of hateful and racist people, who attempted to destroy his legacy, reputation, and image.  These people hacked this dead youth’s social media accounts, his email account, and stooped as low as to plaster the internet with photoshopped and fake images purporting to be Trayvon. On the advice of counsel, and with the intent to preserve Trayvon’s public reputation, Trayvon Martin’s parents deactivated all of his electronic accounts.”

Statement Regarding Release of Crime Scene Photograph From Sybrina Fulton and Tracy Martin, the Parents of Trayvon Martin

While it was an unfortunate mistake that the crime scene photograph of our son was released, we appreciate the media and the public for not reproducing or publishing the photograph.

Statement in Response to Zimmerman’s Motion For Stand Your Ground Hearing

FROM TRAYVON’S PARENTS AND THEIR DEFENSE TEAM:

Let it be clear on the record, that we feel confident that the unjustified killing of Trayvon Benjamin Martin should and will be decided by a jury.   Many of the legal architects of the Stand Your Ground law have already opined that it does not apply in this case.  A grown man cannot profile and pursue an unarmed child, shoot him in the heart, and then claim stand your ground.  We believe that the killer’s motion will be denied during the Stand Your Ground Hearing, and as justice requires a jury will ultimately decide the fate of a man that killed an innocent child. 

There is only one version of this story that represents that Zimmerman was attacked by Trayvon Martin, and that’s Zimmerman’s self-serving version.  Everyone will agree that the killer’s credibility is clearly questionable.

Trayvon’s parents do not feel that this is a man that feared for his life the night he shot and killed their child, this is a man whose only fear is spending his life in prison.

Statement Regarding Attorney General's Compensation Fund From Family of Trayvon Martin and Their Attorneys

On February 26, 2012, Trayvon Martin was shot and killed by George Zimmerman. George Zimmerman immediately claimed that he killed Trayvon Martin in self-defense.  The Sanford Police Department and the Seminole County State Attorney’s Office did not arrest George Zimmerman for this homicide.  George Zimmerman was viewed by law enforcement and the public in general as the victim while Trayvon Martin, a 17 year old teen walking home from the store armed with nothing more than Arizona Ice Tea and Skittles, was portrayed as a criminal who assaulted George Zimmerman thereby causing his own death. 

On March 29, 2012, in an effort to get the State of Florida to recognize her son as the true victim of this homicidal crime,  Sybrina Fulton, with the help of a concerned friend, filled out initial paperwork applying to the Florida Attorney General for victim’s compensation. At that time George Zimmerman still had not been arrested for this crime.  The Attorney General’s Compensation Fund provides money and support for victims of crimes committed in Florida. Ms. Fulton felt it was important for the State of Florida to recognize her son as the victim in this case in order for justice to be served and for George Zimmerman to be arrested.

In April, George Zimmerman was arrested and Trayvon Martin was officially recognized by the state of Florida as the victim of a crime committed by George Zimmerman.  Since that time, Sybrina Fulton, with her ex-husband, Tracy Martin, has concentrated her efforts on the Trayvon Martin Foundation and raising awareness on the need to stop senseless gun violence.  Sybrina Fulton has not yet completed the very time-consuming paperwork required by the state

As the attorneys for the Estate of Trayvon Martin, we have encouraged Ms. Fulton and Mr. Martin to complete the application for the funds.  These funds are collected from perpetrators of crimes as reparations to victims.  If eligible for the funds, the family of Trayvon Martin intends to donate the money to the Trayvon Martin Foundation in hopes of preventing other parents from suffering the pain they have had to feel due to senseless gun violence.

Will it be that Appealing?

On August 1, Judge Kenneth R. Lester, Jr. of the 18th Circuit Court issued his ORDER DISMISSING DEFENDANT’S VERIFIED MOTION TO DISQUALIFY TRIAL JUDGE, citing the defense motion requesting his recusal as legally insufficient. That was no surprise to me, but it was to George Zimmerman. His attorney, Mark O’Mara, quickly told WKMG’s Tony Pipitone that, “We presented the motion. I think the motion was sufficient on its face. He made his decision. We’re going to review it and make a determination about whether or not to appeal it or accept it.”

I’m not surprised by O’Mara’s reaction, either, but what does it entail now? I mean, where can Zimmerman’s defense go from here? They can appeal it. Or should I say may? They may certainly appeal but it’s not all that simple, as O’Mara made clear in his second statement to Pipitone about what could happen next. The case, he said, “stays in limbo, unfortunately, for a while. We will be seeking a stay of all other matters pending until the appellate court decides, if we decide to appeal.”

The key word in the final sentence is seeking, as in “seeking a stay.” What that means is that it’s not attached to an appeal. It’s a separate request. While the appeal goes to the Florida Fifth District Court of Appeal, a stay on all other matters, quite literally, stays with the circuit court.

Here’s the first thing I thought of after learning of the judge’s decision and O’Mara’s reaction. What happens to Zimmerman’s GPS ankle monitor? What about the court order restricting him to Seminole County? I know he’s been complaining about it, and that his defense is prepared to file a motion to lift the restriction. If he files an appeal, doesn’t it put everything on hold? Well, no, but that doesn’t mean he and his team don’t have a lot of other complex things to think about.

There’s the issue of money, for instance. Filing appeals isn’t free. Just consider the time it takes to file paperwork at $400 per hour, not to mention other continuing work on the case. The appeal itself will take a long time to be heard. Where is Zimmerman’s money going to come from after his parents’ Website stops pumping oil? It will not last forever. The whole mess becomes a perplexing quandary. Does he bite the bullet and stick with Judge Lester, or does he go for the appeal with money he doesn’t really have?

WILL ZIMMERMAN DOUBLE DOWN?

The idiomatic verb form of double down means to double or significantly increase a risk, investment, or other commitment. Is Zimmerman willing to risk everything, which includes an impending money problem, in order to have a judge removed from his case? While waiting an indefinite amount of time for any other relief? Remember, filing an appeal does not mean an automatic win. The appellate court might just turn him down. Where would he go from there?

In the meantime, the defense still has the option to file an indigency motion if the well runs dry, but that means getting the JAC involved and O’Mara can kiss his $400 per hour good bye. You see, while the motion to appeal is at the appellate level, the show must go on, and Judge Lester would proceed as usual. So, while things seem like they are beyond reach for the defense, they really aren’t, but there are a number of catches. There’s the part about seeking a stay. Plus, by allowing this judge to decide motions, doesn’t it just confound the whole thing? Why let the same judge rule on anything if you want him off the bench? Right now! If O’Mara files an appeal, he’s pushed himself into a corner where he’s pretty much forced to file a stay. That’s a given, right? So what’s he supposed to do?

THE GOOD OLD INTERLOCUTORY ORDER

The Free Dictionary defines an interlocutory order as:

“Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit.”

This could include the issue over the judge, but I doubt it, because, even though these types of actions are taken prior to trial, which fits in this case, and must be answered by an appellate court; there is a reluctance to make interlocutory orders unless the circumstances surrounding a case are serious enough to warrant such action. And they are restricted by courts because they don’t want to be tied up by piecemeal litigation. The clincher is that the lower court usually enters a final judgement, meaning a verdict, before it’s appealed.

If not that, then what?

THE WRIT OF PROHIBITION

According to The Florida Bar Journal, “A writ of prohibition enables an appellate court to prevent a lower tribunal from further exercising jurisdiction in an action. Generally, it cannot be used to remedy an act that has already happened.” Whew! Relief, right? It’s not quite that easy.

While a petition for writ of prohibition “is generally used to challenge the denial of a motion to disqualify the judge of the lower tribunal,” it is also “the appropriate method for forcing a lower tribunal, including an administrative agency, to dismiss a matter for lack of jurisdiction.”

In his order, Judge Lester did leave open the option of argument at the appellate level to establish whether the motion to recuse him was the first or second motion to dismiss the trial judge, but I wouldn’t bet the farm that the higher court would rule Zimmerman’s way. As a matter of fact, that’s not even close to being the crux of the perplexing quandary he’s in. It’s…

FLORIDA SUPREME COURT RULE 9.310.

Let’s just say that, pursuant to Florida Rule of Appellate Procedure 9.310:

RULE 9.310. STAY PENDING REVIEW

(a) Application. Except as provided by general law and in subdivision (b) of this rule, a party seeking to stay a final or non-final order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief. A stay pending review may be conditioned on the posting of a good and sufficient bond, other conditions, or both.

(b) deals with exceptions, such as money judgments and public officials. (c) pertains to bonds, (d) with sureties, and (e) with duration, and none of them apply. But if you move on to (f), and combine it with (a), we hit pay dirt.

(f) Review. Review of orders entered by lower tribunals under this rule shall be by the court on motion.

What’s that mean? It’s quite simple, actually. Remember O’Mara’s words to Pipitone, “seeking a stay of all other matters…”?

That’s right! In order for the defense to seek that stay, they must go through the same court, “which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief.” “Review of orders entered by lower tribunals under this rule shall be by the court on motion” actually seals the deal. A stay motion would be filed in Lester’s court and he would have to move to agree to it. Would he? Oh, probably, but in the meantime, like I said, the show must go on. While filing an appeal, the defense can soldier on with their motions and the judge can continue to write orders. Unless. of course, the judge rules on a stay. In which case, poor, poor George will stay in Seminole County for months and months to come, gnawing at the bracelet that will stay on his ankle.

Yes, there’s been lots to ponder since Friday. I wonder what George thinks God’s plan is.

The "Gratest" Show on Earth

I’m in the middle of researching the obvious — whether or not it’s feasible for the Zimmerman camp to file a motion to appeal Judge Lester’s order yesterday, to not recuse himself. I will look deeply into the logistics of such a move, but in the meantime, I want to give my old (and original) blog a shameless plug. Please take a peek. Meanwhile, isn’t this case starting to grate on your nerves?

FROM THE GALLERY…

Who would ever do such a thing?

Gun Power

There’s been plenty of talk around the blogs and forums of late about working out a plea deal. You know, why not let George Zimmerman plead guilty to a reduced charge of manslaughter and get it over with? It would save the state of Florida a lot of money, and that’s what this was all about to begin with, right? Well, yes, it would save money but, no, it was not what the state had in mind at all. Well, maybe there’s one major detail, which I’ll explain later.

To begin with, I now agree with what former lead investigator Chris Serino said about the manslaughter charge. He actually knew what he was talking about, but before any of you throw racial darts my way, or missiles of any kind for any reason, you’d better keep an open mind and read the entire article or you’ll be spending some time left out in the cold during one of the most brutal summers on record.

Yeah, George, take the plea!

No, don’t!

Any way you look at it, if he is convicted of second-degree murder, it goes without saying that it would be a felony conviction. But what about manslaughter? Would it be a felony or a misdemeanor if he’s convicted of that instead? Murder is a piece of cake to explain. It means that malice aforethought must be present, whereas in manslaughter, it’s absent. Absence of malice. OK, that’s easy enough to grasp, but what makes it a misdemeanor or felony?

Involuntary manslaughter means causing the death of another person without intent. Generally speaking, it’s caused by an improper use of reasonable care while carrying out a lawful act, or while in the commission of an unlawful act not amounting to a felony. Let’s say drag racing with your car that results in a homicide. You took an unreasonable and high-degree of risk and that’s considered criminally negligent manslaughter. On the other hand, let’s say you’re chopping down a tree and accidentally hit someone with the ax — killing him — there’s nothing criminal about it. In many states, depending on the degree of involuntary manslaughter, it could be a misdemeanor or a felony.

In the case of voluntary manslaughter, we’re talking about an intentional killing that’s accompanied by added circumstances that mitigate the killing, not excuse it. In its most common form, it occurs when a person is provoked to commit the homicide. This is felony manslaughter, and it goes to the very heart of the Trayvon Martin shooting death, whether it’s considered manslaughter or second-degree murder. Either way, if George Zimmerman is convicted, it will be a felony conviction. Interestingly, the Orlando Sentinel reported that the paperwork originally sent to prosecutors stated that there was probable cause to charge Zimmerman with manslaughter. The Sentinel article went on to say that it “was signed by lead Investigator Chris Serino and his boss, then-Sgt. Randy Smith, but it was the department’s official position and had the support of [former Sanford police Chief Bill Lee Jr.] said Capt. Bob O’Connor, who oversees the department’s major-crimes division and also was part of the investigation.”

Well, what’s all this hubbub about manslaughter or murder? Why is the public split on it? I mean those in the Martin camp. You see, it really doesn’t matter and that’s why some attorneys believe the state overcharged. Of course, that major detail I said I’d explain later could be as simple as getting him to plead to something — PLEAD DOWN — but it’s not. It can’t be.

You see, back in the late 1990s, George Bush’s younger brother, Jeb, was governor of the great state of Florida. He pushed through a law, Florida Statutes, Section 775.087 (2)-(4), that became effective on July 1, 1999. What was it, you ask, that could have come from a conservative, gun-respecting, NRA-allied Republican; the same Jeb Bush who signed SB 436, better known as “Stand Your Ground” into law in 2005?

Why… the legislation enacted his initiative providing mandatory sentences for felony convictions of crimes in which a gun was used. Plain and simple.

For pulling a gun during a crime, a mandatory minimum sentence of 10 years is imposed. For certain felony crimes or attempted felonies, the 10 year mandatory sentence is authorized if the criminal possessed a gun (or destructive device). For firing the gun during a crime the mandatory minimum sentence is 20 years. For injuring or killing a victim by firing the gun during a crime, a mandatory minimum sentence from 25 years to life in prison is authorized. (See: Mandatory Sentences Under the 10-20-Life Law and Experts: Florida’s ‘10-20-Life’ empowers prosecutors but handcuffs judges, juries, defense attorneys)

So you see, forget about whether it’s second-degree murder or felony manslaughter because, either way, they are both felonies and if you are in Trayvon’s camp, all you want is a conviction. Stop worrying about a plea. The least Zimmerman could get would be 25-years. That sort of changes the perspective on Mark O’Mara now, doesn’t it? 

Through Paranoid Eyes (The Clincher)

And his own words that are nothing but lies

In the last post, I wrote about the inconsistencies in George Zimmerman’s stories about what transpired the night of the shooting. The following 8 photos are video screen shots taken from his reenactment. Below it will be an overhead view of the location, according to George, of where the fight and gunshot took place.

Approximate area where Trayvon stood according to Zimmerman.

The above photos show George’s reenactment positions during the confrontation. I have several problems with that. One, where was Trayvon hiding? The sidewalk paths are open except for the spindly trees — certainly no place to hide. Two, Trayvon was positioned southeast of George, who said he was heading back to his vehicle. In order for this fight to have occurred where George said, it meant he would have had to go to Trayvon. If it was the other way around, the fight would have taken place where George stood, on the sidewalk heading west. The third problem with the scenario George gave was that Trayvon shouted out to him. I’m not a fighter, but common sense tells me that if I am going to surprise someone with a punch, I am not going to say a word beforehand, which would give my opponent a warning first. I’d hit him and then ask him why he was following me.

Do you understand the problem? George would have to have turned toward Trayvon and walked to him. That’s all there is to it. Of course, there’s one more thing that makes absolutely no sense at all, and one of the commenters, CherokeeNative, brought light to it last night, before I had a chance to put this post up. THIS IS THE CLINCHER. To those of you who don’t read the comments, you can see from the next image why there’s a major, major problem with George’s account of the events the night of February 26. Had George been walking back to his truck like he said he was, from east to west, then why was Trayvon’s body found much farther south?

George must have surprised Trayvon, and that means he was never walking back to his truck from checking house numbers, like he said in his reenactment. Nor was he ever asked by the dispatcher to do such a thing.

Witness points to spot where Trayvon died

George's Reenactment and other links

Some rather interesting information was published today. Until I can decipher it all, please add your links and discuss the day’s events here. I’m trying to make sense of it. We all are.

The Complex Perplexities of George and Shellie Zimmerman

Today was a very busy day, that’s for sure. I’m collecting my thoughts for an article related to the days events. I took a number of pictures at the task force forum I attended earlier, but the judge’s written order explaining why he revoked George’s bond must take precedence. It was quite direct. There’s also the issue of Shellie Zimmerman’s arrest on a nasty little perjury charge. Do I think they were planned together? No, absolutely not. Coincidence? That is more likely the case. The judge’s order was pending and so was the arrest warrant. One is through the court and the other is through the state. That’s two separate branches of the government and they don’t send love letters back and forth. Everything must diligently and properly go through the legal system. Period.

For now, it’s clear to see the judge and attorney’s office mean business. While some may look lightly on these offenses, the people in charge — the REAL ones — are not playing games. This is some serious stuff.

While I had set my sights on another topic, this is very important to address, so expect it to be my next post. Was the judge too critical in his ruling? Was Shellie’s arrest a bargaining chip for the state? That’s what I’ll be focusing on.

I will say this about the day. I had an opportunity to shake Tracy Martin’s hand and offer my condolences. He was very gracious. From everything I’ve witnessed so far, Trayvon’s parents are regular people, just like you and me. No different. Sybrina Fulton said she is not against guns. Her father is a retired Miami cop. She wants the law changed. Tracy Martin said he will be spending Father’s Day, this Sunday, at the cemetery — with Trayvon. Remember to keep those things in your mind as you consider this case.