Tuesday, March 5, 2013
At today’s hearing, Judge Nelson asked Mark O’Mara if he still needed the two weeks she had set aside in April for the defendant’s immunity hearing.
He responded, “No.”
Does this mean that the defendant will be waiving his right to an immunity hearing?
I believe the answer is, “Yes.”
Although O’Mara has previously suggested that the immunity hearing and the trial be combined, I do not believe that makes any sense for the following reasons.
The purpose of the immunity hearing is to determine whether there is any need for a trial. If the judge grants the defendant’s motion for immunity, there is no trial and no jurors need be summoned to come to court. No time has to be reserved for the trial.
There is no reason to have an immunity hearing, unless it takes place before the trial.
The defense goes first in the immunity hearing and has the burden of proving by a preponderance of the evidence that the defendant acted in self-defense, As a practical matter, this means the defendant must testify.
The defense has no burden of proof in the trial. The defendant and the prosecution must go first and the defendant is presumed innocent.
Combining the two hearings would, in effect, deny the presumption of innocence to the defendant and that would be a major constitutional error requiring reversal.
Judge Nelson and BDLR certainly know that.
The judge is not going to go through 2-3 weeks of jury selection if that is not necessary.
Therefore, MOM has in effect waived the immunity hearing.
BOTTOM LINE: The defense cannot risk putting the defendant on the stand at an immunity hearing because of the tsunami of extremely negative publicity that would result from the evisceration of the defendant on cross by the prosecution.
O’Mara does not want to admit that his client is not credible and I can understand why because the physical and forensic evidence refutes everything he says and he has given so many contradictory and inconsistent statements about what happened that with only eight exceptions, no one will believe anything he says.
The eight exceptions are:
1. I got in my truck.
2. I followed him in my truck.
3. He ran.
4. I got out of my truck.
5. Fucking coons (or if you prefer, fucking punks).
6. These assholes, they always get away.
7. Tell the officer (that was dispatched to the neighborhood) to call me on my cell phone when he gets here so that I can tell him where to find me.
8. I shot him (Trayvon Martin).
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