Defense files pretty glittering balloon to keep hope alive in Zimmerman case

Tuesday, March 26, 2013

The defense filed a specious motion yesterday afternoon in the Zimmerman case seeking a sternly worded judicial rebuke of alleged prosecutorial misconduct, imposition of terms (i.e., a fine), and attorney’s fees.

This is yet another whining complaint about W8’s (Dee Dee) statement that she did not attend Trayvon Martin’s funeral because she was not feeling well and went to the hospital.

I think it is an attempt to distract the public’s attention from the defense decision several weeks ago to forego an immunity hearing, thereby implicitly admitting that it has no defense. Instead, by resorting to the well known propaganda technique of repetition while aided and abetted by a compliant media ever so eager to repeat anything they say, regardless of merit in the self-interest of securing higher ratings and increased profits by providing so-called “balanced” coverage that promotes the illusion of a legitimate defense, the defense seeks to link the words “liar” and “perjurer” with Dee Dee so that the public, and hopefully the jury, will already have decided to disregard her testimony.

Watch the pretty glittering balloon and for God’s sake don’t you dare look at my hands.

In this latest iteration of the Dee-Dee-is-a-liar mantra, the defense asserts that she admitted during her deposition on March 13th that she lied about going to the hospital when Benjamin Crump interviewed her last March and later to Bernie de la Rionda because Trayvon’s mother, Sybrina Fulton, was present.

The defense claims that this revelation constitutes exculpatory evidence that the prosecution knew about and should have disclosed to the defense months ago. Of course, the defense would have known this information months ago, if it had bothered to depose Dee Dee, so the defense claim is specious.

As I have previously pointed out, Dee Dee’s admission that she lied about going to the hospital is not material, so it cannot be the basis of a perjury charge as it does not make it more or less likely that the defendant acted in self-defense when he killed Trayvon Martin. It’s what lawyers and judges call impeachment on a collateral matter.

I am certain Mark O’Mara and Don West know this and I believe it’s unfortunate that they have repackaged their war against Dee Dee as unethical prosecutorial misconduct.

When Judge Nelson inevitably denies the defense motion, can we expect the defense to follow-up with a motion to recuse herself from the case?

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207 Responses to Defense files pretty glittering balloon to keep hope alive in Zimmerman case

  1. Jun says:

    LMAO You know what’s funny

    W6’s contradictory statements presented no problem for the defense because… they will cherry pick what they want to use LOL

    Fogen lies and contradicts himself repeatedly… but here no problems… LOL

    W8 allegedly is a dishonest person for going to the hospital or somewhere, and it took them close to a year to depose her and find out themselves the information they seek… and its the state’s fault and they cant carry on LMAO

  2. BENJAMIN CRUMP, ESQ’S RESPONSE IN OPPOSITION TO THE MOTION FOR RECONSIDERATION DATED MARCH 15, 2013

    Click to access 2013-03-26-crump-resp-in-opp-to-def-m-reconsideration.pdf

  3. Lonnie Starr says:

    Bubbles, baubles, bangles and bright shiny beads!!!
    Won’t it be something to watch as the Court Officers in their sparkling white shirts, direct GZ to leave through the court through the holding pen doorway, instead of main entrance?

    I’ve sat in courtroom and watched cases a few times over the years, when I had nothing better to do, before the internet. Every once in a while a defendant, after being convicted, would realize that that back door lead away from freedom, and they’d either collapse or struggle to stay away from it. The Court officers are prepared for this and are really good at it. You’d see a furiously struggling GZ literally being pulled and dragged, kicking and screaming through the detention cell door. Within seconds he’s gone from view.

  4. whonoze says:

    Stutzman’s story on the defense list of 130 witnesses makes no reference to any experts on forensics or anything else. Did Stutzman just miss this, or does the defense plan to go without expert witnesses?

    • MOM apparently has no plan to try this case in court. Instead, he appears totally focused on winning the case in the court of public opinion and hoping that will somehow carry over to the courtroom trial.

      • Two sides to a story says:

        Bizarre.

      • Lonnie Starr says:

        I think the display that occurred with Knox’s attempt to straddle the defense’s position, kind of ended the idea that any expert, wishing to preserve their credibility for earnings, had better steer clear of this case, at least on the defense side.

        What MOM needs is a Mystic, a professional Astrologer, Shamans and Soothsayers. But I doubt there’s enough in the till to attract even them. LOL Mme Zelda???

        • Xena says:

          @Lonnie Starr

          What MOM needs is a Mystic, a professional Astrologer, Shamans and Soothsayers.

          Astrologers and Numerologists won’t help O’Mara. Of those I’ve read, they all believe that GZ is doomed; will be found guilty, and live the rest of his life in isolation and bankruptcy.

          • Lonnie Starr says:

            Uh oh, that’s bad news for GZ and MOM. Mme. Zelda has no comment and the Shamans can’t be reached yet. 😆

          • Xena says:

            @Lonnie Starr

            Uh oh, that’s bad news for GZ and MOM. Mme. Zelda has no comment and the Shamans can’t be reached yet. 😆

            No exorcists have volunteered to interview GZ either. LOL!!

            What is strange is that GZ choose an attorney whose birthday is 3 days after Trayvon’s. O’Mara is closer in thought and attitude to Trayvon than he is to GZ. Actually, I see where he stands when using words such as “suggests” when talking about GZ’s injuries suggesting that he killed Trayvon in self-defense. IOWs, O’Mara doesn’t believe that GZ killed Trayvon in self-defense.

          • Lonnie Starr says:

            I’m not surprised that MOM doesn’t believe GZ, after all there’s only so much mileage one can get from content free protestations.

          • Xena says:

            @Lonnie Starr. I’m going to do some soul reading and take a guess regarding O’Mara. First, he listened to GZ and because of that, was distracted from SYG law based on the “first punch” argument. As he received discovery, his mind went back to the plate and he realized that what was being pitched to him by GZ were cow chips.

            He talked with GZ — a serious, fatherly type talk, where he laid out that based on the evidence, his chance of being granted immunity were nil, nada, zilch. But GZ cried the blues about being hit in the nose. Then O’Mara decided to go for traditional self-defense.

            From that point, GZ decided to communicate with Zidiots and at least 5 times daily, called O’Mara’s office pitching their conspiracy theories. Since he had no chance being granted immunity, he wanted people to know his sides of things — impress the jury pool — make them lean toward his favor.

            O’Mara didn’t want to go that route, but GZ cried the blues saying he was unfairly and wrongfully arrested. O’Mara played to the cameras to please GZ, but his heart was not in it.

            So now, to get O’Mara distracted from evidence and that he is guilty of murder, GZ talks to him on a daily basis that all it will take is to paint attorney Crump and DeeDee as awful Balack racists. Again, O’Mara didn’t get completely on that band wagon, so Junior pitched in.

            Right about now, O’Mara is ready to throw up both hands.

  5. gbrbsb says:

    An interesting tidbit in the OS piece about the 130 witnesses filed for the defence is the tiny paragraph lost inside the long article noting that the GZ versus NBC is agreed to be on hold:

    There’s also a new development in a related court case. Zimmerman and NBC Universal Media, LLC have agreed to put on hold for now the civil suit Zimmerman filed against the media giant.

    NBC’s dream team’s strategy worked…

  6. Jun says:

    Is April 2, 2013 hearing cancelled?

  7. Is one of the 130 witness’s the Tooth Fairy?

    BDLR to Tooth Fairy

    “Do you know, and have you interacted with the defendant?”

    Tooth Fairy

    “Yes I know him, and never once did he attack me when I went to put the nickle his cheap ass parents gave me to put under his pillow”

  8. PYorck says:

    I think it is interesting what isn’t in the motion. There is not a word about her statements regarding the night of the murder.

    I am sure that if she had made any contradictory statements about that or taken anything back, then the defense would make noise about that and not this petty hospital issue.

    That means for now I assume that she has confirmed her earlier statements and her testimony survived a round of attempts to pick it apart.

    • I think it is interesting what isn’t in the motion. There is not a word about her statements regarding the night of the murder.

      I noticed it right away. But we will not be distracted by the shiny object.

    • ay2z says:

      Yes, interesting. Just running scared….

    • onlyiamunitron says:

      “I am sure that if she had made any contradictory statements…”

      In a way, she did.

      In the recently released part of the ABC recording of the Crump interview that Crump didn’t seem to have included on his own recording, she says Trayvon asks the other person why he’s following him and the other person says something like “What are you talking about” or “I don’t know what you’re talking about”, but a few minutes later, on the Crump recording, she has the other person saying “What are you doing around here?”, and offers no explanation for the difference between that and what she said was said earlier.

      unitron

      • Mirre says:

        Towing the TL line, I see. Just can’t help your self from refraining to misrepresent stuff to get your digs in, can you. It is barely audible what she is saying. Only people who can hear “punks” instead of “coons”, would listen to that tape and make a statement like yours.
        I resent that you, who can badger people for not sticking to the facts, can state as if it is a fact that DD said “what are you talking about” instead of “what are you doing here”.

        There is corroborating evidence from w11 that what was said was ” what are you doing”.

      • parrot says:

        I wish she had been asked to specify if she mispoke or if the man had said BOTH things because it sounds just like GZ to smack down anyone who questions him.

      • gbrbsb says:

        @Mirre
        I also hear something like, “what ya talking about” and have only occasionally lurked at TL or gone their for documents. In any case I never thought of it as a contradiction because DD may have heard both but nobody asked her to explain. Certainly it sounds like something GZ could have said in reply to “Why you following me” or even in reply to Trayvon’s unknown reply to his “What you doing around here?” In all it sounds like something GZ would say to his “suspects” as he accosts them for being there as he appears to have made a habit of doing according to an interview with of one of the State’s witnesses recently posted.

        BTW, I have heard both “punks” and “coons” so am still out on that one albeit I tend towards punks (Spanish only has one sound per letter except for rare exceptions and the “u”, is pronounced a slightly shorter “oo” so it could be that IMO). In any case I prefer to stick with the prosecution’s claim “punk” as whether the jury hears differently I doubt BDLR will be arguing “coon”, unless they have more clarity now and I am interested in the trial as it will be not as I hope or think it should be.

  9. colin black says:

    This is a joke right ?
    Attorneys representing a person whom hasnt stopped lieing since he shot an innocent child.
    Has the audacity to draw attention to one lie of conveinance or embarrasment .
    By wit8 that happened mnths after his lieing client murdered her boy freind.
    An nessesited said funeral that for what ever reason she didnt wish to or could not bear to attend.

    His own client took the stand dureing his firs bail hearing.
    An even though he had been told they didnt want a public appoligy from him
    He went ahead anyway.

    As he always does he doesnt take logical advice on board.
    So he took the stand an lied an lied verifyable lies .
    Like the age of his victim an that he didnt know if he was armed or not?
    Then when Bernie asked if he ever expressed remorse before hand say dureing interveiws by L E.
    He lied an lied some more.
    Went from he didnt think so to yes he definetly expressed remorse .
    Couldnt remember the officers names he told he was sorry for Trayvons Parents but he definetly did .
    Said it was to a male an female detective.

    Ive listened to all the interveiws an after calling Trayvon the suspect.
    Before he was informed of his identity he never refers to him by name or suspect again let alone mention his parents an any sorrow they must be suffering an going through.

    Nothing after being told he was a good kid with every right to be in the comunity .
    He remains silent an remorseless nothings changed for him.
    This isnt shocking information to him as he already knows he killed for no other reason than he though he should could an get away with it.

    Once Trayvon was screaming an he had the gun in his hand threating him.
    He knew the police were arriveing any second an he would probably be shot on the spot.

    Holding a gun to a screaming child whom are the police going to shoot?

    An just as his lieing client went after a minor now M O M wants to attack his sweet heart.

    If ever lawers wonder why there are lawer jokes .
    An there looked up on as scum at times.
    This see you next tuesday encapsulates it all.

  10. You all have thoughtful comments says:

    I want to focus on GZ’s words and actions again

    .

    GZ admits that he does not really know anything about Trayvon.

    [[ “I don’t know what his deal is.”]]

    And, yet, GZ pronounces judgment on Trayvon by saying that Trayvon was definitely one of THESE a$$holes” that “always get away”. GZ includes Trayvon in the group which he labels “fu@king punks”.

    Without identifying himself to Trayvon and without talking to Trayvon,GZ has judged Trayvon to be a punk, an a$$hole, and a person who “victimizes the neighborhood.”

    [[Serino: That statement. These a$$holes…what’s behind that?]]

    [[Zimmerman: People that victimize the neighborhood.]]

    Having already declared judgment on Trayvon, George immediately chases after Trayvon the very moment he sees Trayvon run from him.

    George, in his NEN call, has clearly revealed both his mindset and his intention to pursue Trayvon.

  11. You all have thoughtful comments says:

    Goodness, by his actions, O’Mara is certainly telling the world how worried he is by Deedee’s statements.

    From Deedee’s statements, just look at the material helps the prosecutor’s case:

    .

    l. Trayvon returning home from the store.

    2. Travyon continuously being followed by a creepy stranger once Trayvon is inside the Retreat.

    3. Trayvon having no clue as to the reason he was being followed.

    4. Trayvon being scared and making every effort to get away from gz.

    5. Trayvon temporarily thinking he was safely away from GZ.

    6. Trayvon suddenly aware that he was being approached again by gz.

    7. Trayvon asking, “Why are you following me for?”

    [[Dee Dee: And then he told me like the guy was getting close..like..and he told me the guy was getting real close to him. The next I hear, “What are you following me for?”]]

    8. GZ escalating the situation by not identifying himself to Trayvon nor answering Trayvon’s question, but instead challenging Trayvon with turf-type talk:

    [[Dee Dee: …say, ‘What are you doin’ around here?’]]

    9. Trayvon then being bumped by gz:

    [[Dee Dee: Yeah..and I hear, I hear a sound like “bump.” You cou’ hear that Trayvon bump…somebody bumped Trayvon.]]

    10. Then GZ actually making contact and interfering with Trayvon.

    Because the earphones were dangling out of position, the volume was affected as Deedee indicated by referring to the low volume and poor reception at her end by referring to the low volume as being “a little bit’. That is, just “a little bit of volume”

    {{Dee Dee: Yeah, I could hear it a little bit…”get off…..get off,” then the phone just hung up.]]

  12. Ok, here we go again, folks. This joker won’t stop.

    DEFENDANT’S MOTION FOR SANCTIONS AGAINST STATE ATTORNEY’S OFFICE FOR PAYMENT OF ATTORNEY FEES AND COSTS

    Click to access mot_for_sanctions_fees.pdf

    • Heysoose Christo……….U can’t make this shit up…..and if you did no one would believe you.

      So if fogen wins this one…..Can the Security company suing them put a lien on it?

      This make 5 court cases he’s got going on now, right?…..Sorry I’ve lost track…………Oh wait……..here comes the clown car again……..what a damn circus.

      HOODIES UP

      JUSTICE FOR TRAYVON

    • Xena says:

      Based on BDLR having knowledge of the CTH and their doxing of Witness 9 and attempts to dox Witness 8, it’s my impression that certain blogs are being watched for comments and activity. Chances are that the feds alerted BDLR that Zidiots were already planning to get video taped depositions, including posting their knowledge of the person hired to conduct the taping, and that is why BDLR objected to the taking of depositions by video tape.

      • parrot says:

        What an interesting morning that must have been! Oh, to be a fly on the wall in that room…

        I know that attorneys videotape depositions to have a record of the posture and demeanor of a witness. But I’m suspicious about why the defense was SO dogged about videotaping her.

        Were all the other deponents videotaped? If not, what was their intention with W8?

        According to the article Southern Girl linked above, Stutzman insinuates that the defense was not notified in a timely manner of BDLR’s opposition to videotaping W8.

        “Her deposition was scheduled for 9 a.m. March 13 at a state office in Miami, and the parties were in place, along with a camera and operator, according to new paperwork filed by defense attorney Mark O’Mara, but Assistant State Attorney Bernie de la Rionda said no to the video recording.
        That happened after defense attorneys had sent two deposition notices to the state, spelling out that the session would be videotaped and identifying the company that would do the recording.”

        I don’t know if BDLR objected or not, but I don’t trust Stutzman of the Orlando Sentinel to investigate and report if he had.

        Professor, what are BDLR’s obligations, if any, to notify opposing counsel of his opposition to the videotaping?

    • ay2z says:

      This is today’s addition to sanctions, including $4000.00 personally for Bernie?

      OS has updated its story.

      Also Tuesday, for the second time in as many days, defense attorneys asked Circuit Judge Debra S. Nelson to sanction prosecutors, accusing them of another rule violation.
      This time was a fight over whether to video record the deposition of … a young Miami woman who was on the phone with Trayvon moments before he was shot.
      Her deposition was scheduled for 9 a.m. March 13 at a state office in Miami, and the parties were in place, along with a camera and operator… but Assistant State Attorney Bernie de la Rionda said no to the video recording.
      …. Defense attorneys tried for five hours that day to get de la Rionda to change his position, telephoned the judge in Sanford several times, and after a five-hour delay, began the deposition without the videotape. They did not complete it.
      In Tuesday’s paperwork, O’Mara asked the judge to fine de la Rionda $4,000, the amount of money wasted in lawyers’ time, as well as that of the court reporter and video operator during that five-hour delay.

      Professor, they must have bought the ACME Big Deal box of single colour balloons wholesale, special on YELLOW this week.

      Throw enough in Judge Nelson’s face and she’ll have to toss them something?

      • Jun says:

        They have loads of proofs of threats against Deedee and that Omara has a connection to those crazy racist gang members of Fogen

      • Two sides to a story says:

        LOL – now we know why the depo took so long and why it was extended. It figures that the Defense was stepping all over itself again!

        Thanks for the heads up!

      • Jun says:

        LMAO

        So Bernie is not allowed to say NO? That’s ridiculous LMAO

        No wonder Fogen tried to rape his cousin, he feels people are not allowed to say NO

    • Jun says:

      You ever heard of the Ng murder trial? Florida should give the prosecutors from that case a call, because Fogen pulls the same crap, just delay tactics, no substance

  13. Jun says:

    I dont think they can recuse Nelson but I do not know

    This reminds me of how Ng was able to delay trial but I think this time around, Omara’s tricks will be seen as phony

    I personally feel it is just tactics to stall

    • fauxmccoy says:

      jun, this is just a side note, but Ng’s partner in crime, leonard lake was captured and suicided painfully close to where i lived and worked at the time. if not for lake’s suicide, the hideous crimes the two committed might have gone unsolved. this case has haunted me my entire adult life and i followed it closely.

    • Tzar says:

      this is in response to the march 15th reconsideration of crump deposition motion

      • Xena says:

        @Tzar. Thanks!!! It is short, sweet, and to the point. I read that the defense has attorney Crump listed as a witness. That is not going to work out for them either.

    • leander22 says:

      Wonderful, I always feel better after reading Blackwell’s motions:

      INDEED:

      Indeed, it would be difficult to conceive of any non-privileged information Attorney Crump has regarding his interview of Witness 8.

      wonderful citation:

      Defendant nevertheless seeks to impose himself into the work-product privilege to investigate “contradictory and possibly perjurious testimony … for further determination of additional misrepresentations or lies, to document further bases for impeachment of Witness 8, and other necessary matters.” (Motion. at 3-4 (emphasis added)

      In other words a fishing expedition.

      What did Jeralyn say, something like, the parents better give up, since there will be mudslinging. Do they really want that?

    • Nef05 says:

      Well, I guess we’ll get to see Mr. Blackwell in court next week. Always a pleasure.

      the privilege to seek a rehearing is not “an open invitation for an unhappy litigant or attorney
      to reargue the same points previously presented, or to discuss the bottomless depth of the
      displeasure that one might feel” toward the court

      Pretty much sums it up, right there.

      Thanks for posting.

  14. acemayo says:

    SouthernGirl2 says:
    March 26, 2013 at 12:03 pm
    Bonaparte, Sanford’s city manager, is one example. So is Sondra Osterman, a close friend of Zimmerman who opened her home to the defendant and his wife and hid them for weeks before he was arrested

    They went into to hiding after they left the police station
    why, if they fear for their life, by whom
    wouldn’t their be some proof of someone calling them

  15. ladystclaire says:

    I was reading something about the 13 month old who was killed and, something about this woman’s story does not jive. who is going to walk up to a woman with a baby and, ask for money and, when told that she doesn’t have any, they in turn ask, do you want me to shoot your baby? also, why would she only suffer a gun shot to her leg and, the poor baby is shot in the face.

    I’ve heard that she is already asking the Ins. when will she receive money from his life ins. nope, there is something here that just don’t smell right.

    • Tzar says:

      she is bipolar/schizophrenic and her daughter has doubts that she is telling the truth
      http://www.ksdk.com/news/article/371642/28/Sherry-Wests-story-questioned-by-daughter-after-baby-killed-

      • Xena says:

        @Tzar. Thanks for the link. I’m going now to read it. When I saw the interview of West, she seemed very — well — pleased to have a camera on her where she could disparage her former neighbor and actually try to make a conspiracy theory that her former “crack” head neighbor was behind the killing of the infant. Very strange woman.

      • ladystclaire says:

        @Xena, that was the worse acting job if crying since Susan Smith. this woman is definitely not telling the truth IMO. we need to ask why her daughter was taken away from her also.

        • Xena says:

          @ladystclaire

          @Xena, that was the worse acting job if crying since Susan Smith. this woman is definitely not telling the truth IMO. we need to ask why her daughter was taken away from her also.

          I want to know why she was carrying a purse but had no money, and the purse was so important to her that she would not hand it over when the alternative was to see her baby be killed.

      • Rachael says:

        It is all odd, very odd.

      • texad says:

        @Tzar Apparently the father of the 13 month old child also has questions. He almost immediately blamed the mother of the child, and he was arrested and jailed for a short time when he began screaming at her. Just as in most of these very tragic murder cases, there are always layers of stories behind the story. The mom and aunt of one of the shooting suspects were also arrested and jailed. This is just a sad, tragic case and a 13 month old angel has left this world without the opportunity to become what he could have become. We all are diminished everytime something like this happens.

        http://www.ajc.com/news/news/anger-disbelief-grip-brunswick-after-toddlers-shoo/nW233/

        Hope the above link works.

  16. Two sides to a story says:

    I love the word specious! Maybe that’s a good code name for OM or the defense . . . who wants to take bets on what the next specious motion will be?!

    This one has me rolling in the aisles and especially after reading Fogen supporters’ comments about how the defense is dismantling the case. Oh, ah, um HAHAHAHAHAHA!

  17. ay2z says:

    Is the distraction and magicians wand tricks used by this defense team, called a ‘Poof!’ Proof?

  18. Tzar says:

    Defense files pretty glittering balloon to keep hope alive in Zimmerman case

    greatest article title ever

  19. You all have thoughtful comments says:

    I am still amused by all of the gimmicks O’Mara is employing. I guess when ya have no way to defend your client, you have to resort to sideshows. O’Mara is simply building sandcastles for gz.

  20. Malisha says:

    HA HA HA HA HA!! Oh HAHAHAHAHA!! Sandra Osterman:

    Q: Ms. Osterman, do you know the defendant?
    A: Yes.
    Q: Did he commit murder-2?
    A: No.
    Q: No further questions.

    Cross-Examination:

    Q: Ms. Osterman, how long have you known the defendant?
    A: I’m not answering that question?
    Q: Why not?
    A: Because you’re part of a terrible Pba-lack-led criminal conspiracy to railroad a decent American.
    Q: No further questions.

  21. ay2z says:

    The George Zimmerman Defense Team goes on tour with their magic tricks!!

    LOL! “They” did it!!

  22. Watch the pretty glittering balloon and for God’s sake don’t you dare look at my hands.

    bwa ha ha ha ha

  23. George Zimmerman’s lawyers file witness list with 130 names

    http://www.orlandosentinel.com/news/local/trayvon-martin/os-george-zimmerman-defense-witness-list-20130326,0,6953235.story

    SANFORD – Attorneys for George Zimmerman have filed a new defense witness list, and it includes more than 130 people. Among them: Trayvon Martin’s mother and father, their attorney Benjamin Crump, former Sanford police Chief Bill Lee Jr. and former State Attorney Norm Wolfinger.

    It also includes Sanford City Manager Norton Bonaparte and several other members of Trayvon’s family, including his step-brother and the Oviedo cousin with whom he’d spent the night the evening before he was fatally shot.

    Attorneys seldom call all the witnesses they list, still the list placed in the official court file Monday is extraordinary for its length.

    It includes many people who clearly have no direct connection to the shooting or what happened Feb. 26, the night Zimmerman killed Trayvon, 17.

    Bonaparte, Sanford’s city manager, is one example. So is Sondra Osterman, a close friend of Zimmerman who opened her home to the defendant and his wife and hid them for weeks before he was arrested.

    • ay2z says:

      LOL!! The last one I saw, had two (2) names on it! They were both security people!

    • SearchingMind says:

      Thanks Southern Girl. Sometime I can hear the devil’s voice. This morning I was thinking that O’Mara will pull a stunt by naming Mr. Crump as a witness! And there you have it. Absolute madness. I am curious as to who these 130 fellas might be. Maybe some Afro-Peruvians that will be bussed in from Guatemala to testify that GZ is “decent American” – not a racist.

      • onlyiamunitron says:

        “This morning I was thinking that O’Mara will pull a stunt by naming Mr. Crump as a witness!”

        How else is he supposed to find out what the evidence is that Crump says Wolfinger and Lee covered up?

        Crump refuses to tell them voluntarily.

        unitron

      • Tzar says:

        “This morning I was thinking that O’Mara will pull a stunt by naming Mr. Crump as a witness!”

        How else is he supposed to find out what the evidence is that Crump says Wolfinger and Lee covered up?

        Crump refuses to tell them voluntarily.

        he can look at the evidence the state uncovered

        • onlyiamunitron says:

          “he can look at the evidence the state uncovered”

          So the state uncovered evidence of a coverup by Wolfinger and Lee and I just missed hearing about the press conference where they announced it, and announced exactly what evidence it was that they covered up?

          unitron

      • leander22 says:

        How else is he supposed to find out what the evidence is that Crump says Wolfinger and Lee covered up?

        unitron, with all due respect, O’Mara knows quite well, that Crump may well have responded to impressions of his clients, rumors and informations floating around. How could it have been different at that point in time, with hardly any information available?

        What is it, that I do not understand?

        The longer strategy concerning SPD by O’Mara is that the vast majority including the chief of police Bill Leeand his deputy O’Connor –including all righteous Americans, like you? ;)– believed George Zimmerman. And that Crump, notice not public outrage, people asking questions and a resulting public debate, led to the affidavit and GZ’s arrest. He does not want to find out anything, since if he is only semi intelligent he knows it already, he only needs a scapegoat, to show that GZ really should have never been on trial.

        You are too intelligent to not understand that game.

        • onlyiamunitron says:

          “O’Mara knows quite well, that Crump may well have responded to impressions of his clients, rumors and informations floating around.”

          Crump sent a letter to the U.S. Department of Justice accusing Wolfinger, a fellow attorney, of the kind of stuff that could possibly get Wolfinger fired, disbarred, and thrown in jail, as well as expose him to civil action.

          That’s serious business.

          And if he can’t prove it, it’s libelous.

          And it’s the kind of thing about which one would think that one attorney would not make accusations concerning another attorney without there being something there to back it up.

          And if Crump didn’t go out of his way to indicate that it all occurred without the knowledge, participation, or consent of the defendant, it’s potentially libelous of the defendant as well.

          If I were the defense, I’d certainly want details provided if there actually are any, and if there aren’t, I’d want that established for the public record as well.

          Before the start of the trial.

          unitron

          • Crump is not a witness.

            Therefore, the defense has no right to depose him.

            He has no obligation to answer any questions they ask.

            End of story.

            BTW, Wolfinger was a public official and the legal standard to sustain a cause of action for defamation of a public official is almost impossible to meet. Plaintiff has to prove that the defendant knew the statement was false when he uttered it and he uttered it with intent to defame or with reckless disregard of the probable consequences. Most public officials do not even bother suing anyone for defamation anymore.

            Don’t count on a lawsuit against Crump going anywhere.

      • leander22 says:

        was this irony? unitron?

      • leander22 says:

        unitron, here is Crump’s letter, of April 2, I am as hesitant concerning the Wolfinger rumors or his presence on the scene as you are, by the way. The letter concerns the department of justice investigation into SPD, not the case against GZ. Why should GZ’s attorney worry about an investigation against the SPD, not against Wolfinger, mind you?

        During our meeting you instructed the family and their attorney to contact you if we became aware of pertinent information related to this matter.

        In other words Crump somehow dutifully reports what he, or the family has learned. There may be a nexus with the FBI interview of Serino remember that? Can an (false) “informer” like GZ be turned into a national hero and another into a devil?

        Look carefully at the mixture of facts and rumors, it is even reported as such.

        This is not connected with the case against Zimmerman, but is strictly a separate matter.

        **********************************

        Wolfinger press releases up to that date and his withdrawal from the case elven days before Crump’s letter. His resignation may well have triggered additional rumors. On the other hand is he playing for time? Remember Serino suggested a specific charge.

        March 13, acknowledges the receipt of SPD of investigation case package.

        State Attorney Norm Wolfinger recognizes that Trayvon Martin and his family, interested persons, and the public-at-large are entitled to no less than a through, deliberate and just review of the information provided, along with any other evidence that may or may not be developed in the course of the review process. We intend to honor that commitment.

        Just how long that process will take is subject to many factors and setting a specific completion date at this time would be mere speculation. As with any proper investigation, information will not be released until it becomes public record under the laws of Florida.

        March 20,

        I share in the desire of the family and the community to accurately collect and evaluate all the facts surrounding the tragic death of Trayvon Martin. That is why I directed the expeditious review of the investigation which was delivered by the Sanford Police Department one week ago today; areas for further investigation have been identified; and, the Florida Department of Law
        Enforcement has agreed to assist and has been working hard with my office since Friday March 16th. I will also be utilizing the investigative resources of the Seminole County Grand Jury which will be called to session on Tuesday, April 10, 2012.

        March 22,

        Dear Governor Scott:

        In the interest of the public safety of the citizens of Seminole County and to avoid even the appearance of a conflict of interest, I would respectfully request the executive assignment of another state attorney for the investigation and any prosecution arising from the circumstances surrounding the death of Trayvon B. Martin.

        Meaning Crumps letter was 11 days after Wolfinger resigned from the case. And yes, crump is reporting hearsay.

      • leander22 says:

        Professor, when I read it, I had the impression it would have been a pretty similar argument had you been involved.

        I also have to admit that I hope for America that this lawsuit cannot succeed, since it would a really bad day for the Fourth Estate (journalism) in the US at large. [from a very different perspective than the Valerie Plame/Judith Miller affair, incidentally]

        What I found most interesting is the argument concerning the more liberal deposition rules in a civil versus criminal lawsuit. Is this part of the intention? Meaning a sub motive next to driving the sponsor machine by delivering little hypes and getting more money for prosecution? And getting around the safeguards protecting journalism and their sources with a tool called libel.

        • In a civil case filed by the defendant in a subject-matter-related criminal case, the defendant (in the civil case) has the right to depose the plaintiff (defendant in the related criminal case) during the discovery phase of the case.

          GZ cannot afford to submit to a deposition by counsel for NBC before his own trial in the criminal case and that is another reason why it was really a stupid waste of time to file that ridiculous lawsuit against NBC.

          Smart and experienced lawyers do not make mistakes like that.

      • leander22 says:

        Thanks for the response, Professor, i have to admit that O’Mara’s media strategy, he talked about some type a new age for prosecution in this context, may come back to haunt him. Not really an advantage to get distracted by all the “little helpers” of the own camp and the opposition through online monitoring.

        It feels you are very correct in this context, they cannot afford to put him on the stand. On other hand the pro-Zimmerman camp in Jeralyn Merrits Forum is absolutely sure, he will take the stand. Crump et al have created a really good website for our camp some type of alternative “social media blitz” concerning Team GZ’s efforts. I found this really good analysis–THE FLORIDA STAND YOUR GROUND LAW- A LEGAL ANALYSIS–there. Admittedly pretty hard to wrap my head around this type of legalese or more precisely all the available tools they discuss.

        I wonder too about the statement or sources of René Stutzman, concerning this:

        Also Tuesday, the judge canceled a routine April 2 hearing in the case. It was not immediately clear why. The next one is set for April 30.

        Is she getting tired of the maneuvering by defense? Needs time due to other cases to make her final written decision more waterproof? From the top of my head. What exactly is Stutzman’s source? Nothing filed yet.

        On a different issue:

        I’ll donate a little today, but strictly I am slightly pessimist about the chances to get steady support for a blog.

        Jeralyn Merrit is trying to change into a paid version with only parts of the articles freely available starting with an almost symbolic yearly price for the whole content (20$). But adding an interesting option, daily or single article access to to articles. Maybe not such a bad idea. The two versions will exist at the same time, and I could imagine that needs a little technology.

        I have seen one blog that made it, but they have bigger donor support who doubles donations over a certain amount. They have two fundraising drives each year. More complicated longer story … There was quite a bit of help by friends too e.g. developing a special software.

        • onlyiamunitron says:

          “On other hand the pro-Zimmerman camp in Jeralyn Merrits Forum is absolutely sure, he will take the stand.”

          Do you refer to the main site:

          http://www.talkleft.com/

          which was in existence prior to 2/26/12 and where a number of topics are covered on an almost daily basis, or to the Zimmerman case-specific forum:

          http://forums.talkleft.com/

          because I haven’t seen any such consensus about him taking the stand at either for some time now, if ever.

          It’s the main site, by the way, the costs of which she’s looking at different ways to cover, a situation with which I’m sure the professor can empathize.

          The latest news on that front

          http://www.talkleft.com/story/2013/3/26/18221/6670

          is that she’s looking at a way to keep the premium content on that main site rather than create a separate one, which fortunately means not shifting over to WordPress.com comment handlng software.

          unitron

    • ay2z says:

      It includes many people who clearly have no direct connection to the shooting or what happened Feb. 26, the night Zimmerman killed Trayvon, 17.
      … So is Sondra Osterman, a close friend of Zimmerman who opened her home to the defendant and his wife and hid them for weeks before he was arrested.

      …..It also includes Zimmerman’s parents. His father has already testified in court that the screams heard on one 911 recording were from his son – not Trayvon.

      Sondra Osterman can testify that “he’s the sweetest man…. he would never even swear in front of women”

      To which BDLR can respond with the audio of the defendant’s own voice saying to Investigator Doris Singleton (a woman), foul language and slurs he claims came out of Trayvon’s mouth.

      RZ SR can testify as he did once before “My son has always told the truth”.

      To which BDLR can … well, let’s just say Bernie will feel the glee of the proverbial kid in a candy store!! A really big big candy store!!

      • Tzar says:

        Sondra Osterman can testify that “he’s the sweetest man…. he would never even swear in front of women”

        I wish she would..
        In fact, I double dog dare her to get on the stand and say that

    • Tzar says:

      ha ha ha ha ha

    • Jun says:

      Yes, what I gathered. The defense will try to waste court time and misdirect attention. Even Rene Stutzman admits that a large majority of the list, most of them, have no connection whatsoever to the case LMAO

  24. elcymoo says:

    Great video, LLMPapa, as usual. Your work has been invaluable in helping me put GZ’s contradictory statements in context.

    Here’s another of RZ Jr’s tweeted falsehoods. among the many I saw when I checked them online a couple of nights ago. This one was so blatantly false that it jumped out at me, since GZ was able to hold numerous ‘convos’ on the night he shot and killed an unarmed teenager:

    Click here: Robert Zimmerman Jr (rzimmermanjr) on Twitter

    Robert Zimmerman Jr ‏@rzimmermanjr 13h
    .@Bobblespeak He’s been clear abt that from the beginning. GZ couldn’t even have a convo b/c TM broke his nose.

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  25. gbrbsb says:

    The lack of relevancy in respect of the trial aside, I was wondering which position would be the more likely to succeed before Judge Nelson at the next hearing, seeing as it appears MOM & Co will be presenting their bill:

    a) No court admonishment and/or no fine and/or no order for costs against the prosecution on the basis that the defence could have deposed DD months ago which would have afforded information and answers to their questions without the need for any extra work.

    b) Admonishment and/or a fine and/or an order for reasonable costs against the prosecution should the defence prove the State Prosecutors Office was indeed in possession of the information as far back as August 2012 and that they would not have incurred extra costs trying to discover it had the prosecution disclosed the information in a timely fashion once they became aware of it.

    • ay2z says:

      How do either of these, what the defense calls deceptions in their motion, have anything to do with exculpatory evidence?

      Does not!

      MOM: “Hoccus pocus and twiddly-zoo,
      we’re the “D’ team tryin’ ta’ mezzmerize you!! (give them the pointing finger with your white gloved hands, Don)”

      • gbrbsb says:

        IMBW, but as MOM argues, whether successfully or not is IMO a moot point until Nelson decides (or in the last instance a Jury as to whether if it taints DD’s other testimony), that although not a “material” lie it may go towards DD’s credibility, in which case, IMO, it would be exculpatory. On the other hand, I find it strange that Guy would suddenly phone MOM the eve before the defence’s subpoena to access DD’s medical records was going to be heard to inform him of the changed facts if there could be no consequence. Why not simply let MOM make more of a fool of himself the next day in court? Or could it be to avoid costs? Just asking… just saying…

        • Pursuant to Giglio v. United States, 405 U.S. 150 (1972), evidence that impeaches a prosecution witness is exculpatory and must be disclosed to the defense. ASA John Guy disclosed it prior to the last hearing, before Dee Dee’s deposition, and 3 months before trial.
          Therefore, there is no prejudice to the defense.

          • gbrbsb says:

            Gotya… I think. So MOM & Co are correct in respect of the info being a part of obliged discovery but not in the matter of asking for an order for costs, reprimand, fine, etc., due to the timing of its disclosure.

      • Jun says:

        Their issue with w8 can easily be won because, they had since April 11, 2012 to depose her, and since August or Sept, I believe, they kept asking for her medical records and her address, and the court and state told them repeatedly to depose her…. instead they went around their RZ Jr. “We are not racist tour”

        We will wait and see but if the Florida judicial system has any sense, it will deny the motion, and just get on with business, because it is ridiculous

        I think the issue should get denied and now is time to work on proper jury seating

      • ay2z says:

        About exculpatory evidence, thank you Professor.

        No harm no foul 🙂

    • leander22 says:

      The question is purely legal and ultimately beyond me. Did they have a right to that information. Is it as relevant as they try to make it. Yes, if they weren’t so busy targeting Benjamin Crump, they may have deposed DeeDee already, and strictly they wanted to depose her AFTER Crump. Notice Nelson will have to deal with both motions during the next hearing in April. They are entwined.

      There is an interesting argument in the NBC motion to stay, something I wasn’t aware of. They could have wanted to benefit from the more lenient discovery rules in the private compared to the criminal procedures.

      Besides: Seems I at one point mixed up NBC and ABC.

      Since much of what we witness now happened as a result of the release of the ABC audio, I would like to know why it was released at this point in time, in what context it was released and ideally who ordered it.

      • gbrbsb says:

        Oh yes Leander, I thought it extremely interesting too so hat’s off the the NBC legal team for such a clever motion!

        No idea why, who or when ABC released the small section of DD interview audio, only that they did it on the quiet, without any fanfare whatsoever… very strange considering all the media circus around the case! And it was a part Crump was missing so there does seem to be a purpose to it’s release but haven’t thought what.

      • gbrbsb says:

        Just found NBC’s clever motion against for a stay of GZ’s claim against them WORKED! From today’s Orlando Sentinel:

        There’s also a new development in a related court case. Zimmerman and NBC Universal Media, LLC have agreed to put on hold for now the civil suit Zimmerman filed against the media giant.

        HaHaHaHa, it was a clever motion and I think MOM & Co realised that they didn’t stand a snowball’s chance in hell of preventing the stay so took the easy and cheaper route and conceded. HaHaHa!

        • I predicted this right after MOM and the Philadelphia firm filed the lawsuit because that is well established law.
          Nevertheless, they seem not to have realized it at the time, or else they were hoping for an early settlement that did not happen.

          • gbrbsb says:

            You did professor, but didn’t NBC’s lawyers do a damn good job of the motion? So thorough and well argued. Would have cost MOM & Co a packet to try to reply to it so maybe they filed the claim just to keep their media merry-go-round spewing out sound bites about GZ not being racist, being unfairly treated, represented, etc. knowing it would be stayed until the end of trial, and I noted until the end of any appeal, but I expect that is just standard jargon and not indicative of anything.

          • Yes, the defense is trying this case everywhere except the courtroom.

          • Lonnie Starr says:

            Hahaha… You called that one on the dime!!!

            It also didn’t help MOM to note that NBC was cleverly using their motion to do serious damage to MOM’s case, by the way the presented various elements. I guess MOM realized that two can play the same game of using motions to announce to the public. NBC’s lawyers did some serious tail twisting in there.

      • Two sides to a story says:

        I’m sure the NBC suit opened up the wallets of the payingFogen supporters. They were all exuding great glee at the time. The $ is what so many of these specious – (thank you for that word, Prof) – motions are all about.

    • SearchingMind says:

      In Brady v. Maryland SCOTUS rule that a prosecutor has a “due process” affirmative duty to disclose to a charged criminal defendant all “material evidence” that is favorable to the defense and that is possessed by the “prosecution team.”

      In Kyles v. Whitley it was established that a prosecutor has a duty to learn of favorable evidence known to other prosecution and investigative agencies acting on the prosecution’s behalf, including police agencies.

      In People v. Ruthford it was ruled that there is a “duty on the part of the prosecution, even in the absence of a request therefore, to disclose all substantial material evidence favorable to an accused, whether such evidence relates directly to the question of guilt, to matters relevant to punishment, or to the credibility of a
      material witness.”

      In Izazaga v. Superior Court it was ruled that “The prosecutor’s duties of disclosure under the due process clause are wholly independent of any statutory scheme of reciprocal discovery. The due process requirements are self-executing and need no statutory support to be effective. . . . If a statutory discovery scheme exists, these due process requirements operate outside such a scheme. The prosecutor is obligated to disclose such evidence voluntarily, whether or not the defendant makes a request for discovery.”

      These rules apply regardless of the discovery obligations of the defense. For any of the scenarios you presented to materialize, whatever O’Mara is claiming was withheld from him must be material and either exculpatory or inculpatory and not excluded from the category of evidence the State is not obliged to provide (e.g. work product, etc.). As such, the issue of “relevance” is an indispensable part of your equation. Remove “relevance” that equation becomes meaningless. You can’t defang a snake and expect it to bite.

      Gbrbsb, what does “Gbrbsb” mean?

      • gbrbsb says:

        Sorry… yes, put that way the “relevance” bit was very stupid of me, my clumsy attempt to not raise any alarms !

        Very interesting. If I understand you correctly, the crux will be whether or not Nelson considers the information “favourable” to the defence, and/or if any goes “to the credibility of a material witness”? (doubt the age will wash)

        But then I wonder, wouldn’t a Jury have to decide the same also? I mean, if, and a big IF as IANAL, Nelson does find the hospital detail does go towards DD’s credibility (I presume she will have to find yeah or nay to be able to rule on the motion, no?) would it not be the Jury who effectively has the final say as to whether it affects her credibility or not ?

        gbrbsb: so uninspiring, I know! Just 3 sets of initials linked to a corresponding email address that I keep for a father and two learning impaired sons who need one occasionally for a few bits and bobs that I manage for them. I will change it one of these days.

        • onlyiamunitron says:

          “gbrbsb: so uninspiring, I know! … I will change it one of these days.”

          Don’t.

          It’s how we know you and it’s unlikely to be confused with anyone else’s “internet handle”.

          Just don’t start a conversation about how it’s pronounced. : – )

          unitron

  26. Tommy's Mom says:

    I’ve not commented recently,just lurking about. This article however has me willing to come out from under my rock to ask: Professor does the defense get another shot at a different judge? I thought I read they couldn’t do that again.

    • ay2z says:

      Nice to see you, Tommy’s Mom. Not trying to answer your question, but I remember reports said ‘no’ to that same question about Judge Lester, can’t do that said the legal advisors, but the defense seems to need to go thru judges like a kid trying to win at a magician’s pick a card, any card game.

      Maybe they think 4 will be their lucky number.

      • towerflower says:

        Judge Nelson is #4, there was a judge first assigned to the case that removed himself right away after assignment because of personal ties to MOM. Another attempt would be #5.

    • ladystclaire says:

      They shouldn’t be allowed to have another judge removed from this case. if they try, I hope the answer will be NO! and if the Florida justice allows them to do so, that will be very wrong.

    • ay2z says:

      I had no idea there was this much discussion about the junior out there, did see his tweet of the other night, so disgusted, I rerely ever look there.

      Nice to hear that song in this video of yours, needs a place in your library for us to check out once in awhile, thanks.

      Then came the ending where the man in the rw and b stars and stripes suit and top hat, gives the family of topic, the finger!! PRiCELESS!! Lol!!

    • leander22 says:

      Very good, no more to add.

    • Rachael says:

      OMG, thank you!!!! This is SOOOOO good. I feel better now. I really do, and the surprise ending made me LOL. You know, at the very beginning it says the account is shared. For all we know, that IS GZ, but either way, it shows the beliefs of the family culture in which they were raised. If there ever was any doubt in my mind (not that there was, but just if), Jr. would certainly have erased any doubt for me whatsoever. Both of them, Jr and GZ, the more they talk, the more we see just who they really are. I would like to say for their own benefit to STFU, but they themselves are oh heck – I haven’t had coffee, am on a rant and making no sense.

      But thank you. You know I love you!!!

    • Ty Flair says:

      Much love and respect LLMPapa that’s Nas,his rap have wisdom he is the best. I really see now that fogen family has lost there dam minds. I had to back away from this case for awhile,the anger was eating me alive. Dee Dee will be just fine on that stand because she is just repeating Trayvon last words to her.

      • ay2z says:

        Pause that video! 2:41 seconds, what does that arm of the law emblem say?

        ‘Fidelity, Bravery, Integrity’

        Let’s test it out for fogen:

        Under the F
        GZ: “I didn’t have time to reflect, I had time to reflect.” “I thought he was closer to my age” – “late teens”, “He’s running” He wasn’t running”, “I don’t know why he was running, I was on the phone, it happened so fast”, “He wasn’t running out of fear, he was skipping”. Never went home, “went home to pick up some things”, “you got a problem, homie?” or”You got a problem [without homie]?”, went down when punched, or maybe hot, “think I tried to push him away, maybe stumbled”, “don’t need you to call 911, “I went for my phone, wanted to call 911 instead of NEN this time”, “don’t need you to do that, they are coming”.

        Under the B
        see LLMPapa’s video “George’s Courage”

        Under the I
        Hidden passport, hidden money. “And yes, he didn’t tell you the truth about the money” quote MOM in court.

      • @ay2z

        ‘Fidelity, Bravery, Integrity’

        Let’s test it out for fogen:

        Under the F
        GZ: “I didn’t have time to reflect, I had time to reflect.” “I thought he was closer to my age” – “late teens”, “He’s running” He wasn’t running”, “I don’t know why he was running, I was on the phone, it happened so fast”, “He wasn’t running out of fear, he was skipping”. Never went home, “went home to pick up some things”, “you got a problem, homie?” or”You got a problem [without homie]?”, went down when punched, or maybe hot, “think I tried to push him away, maybe stumbled”, “don’t need you to call 911, “I went for my phone, wanted to call 911 instead of NEN this time”, “don’t need you to do that, they are coming”.

        Excellent!

    • Trained Observer says:

      Terrific throughout with a red, white and blue ending not to be surpassed! Thanks …

    • parrot says:

      Thank you, LLMPapa.

    • You all have thoughtful comments says:

      Great video!

    • Malisha says:

      Can someone help a technologically-challenged old woman? I can’t figure out what the actual RZJr. tweets SAID.

      I am sure they said Fogen was not racist because all young Pba-lack men really ARE criminals and therefore Trayvon Martin really WAS suspicious and we should ASSUME he attacked and nearly killed poor innocent Fogen, but I would love to see the verbatim on this one.

      Thanks thanks thanks in advance.

      • Rachael says:

        Actually, after seeing his tweets and all the crap at the outhouse and the argument I got in with that sister-in-law of a friend of mine, if he’s saying that black male youth are risky because of what they did to the baby, I’m more inclined to think that white people are risky for thinking this way. That kind of thinking to me is far more risky. I can honestly say that I hate Jr. I can also say that he is of no help to his brother unless it is to get him put away, in which case, keep on tweeting you bird brain.

      • leander22 says:

        Malisha, among old women: I had problems with Twitter abbreviations initially, but it does not really take long, if you concentrate, It’s a bit like “Pba-lack” only shorter. 😉 Don’t beat me, if I take your hint too literally:

        Robert Zimmerman Jr @rzimmermanjr

        .@TheRealPest @michaelskolnik – Lib media shld ask if what these2 black teens did 2 a woman&baby is the reason ppl think blacks mightB risky

        Liberal media should ask if what these two black teens did to a woman & baby is the reason people think blacks might be risky.

    • Tzar says:

      you have a knack for choosing the music (amongst many other knacks)

      that was excellent

    • Two sides to a story says:

      I love how Papa Z was at the Treestump yesterday saying he and Gladys have never asked for support and have only gotten a few donations from their support site – huh? A lot or a little, they did ask for donations . . .

      • Two sides to a story says:

        Oh, and PS – great vid. Didn’t mean to go off topic, but thinking about Jr. also makes me think about all the conflicting statements that family makes. THey’d do well to shut up, but I’m glad they keep exposing themselves with their contradictions.

    • kllypyn says:

      I think he just put another hole in his brothers defense. Part of the prosecutions case is he racial;y profiled trayvon.

      • pat deadder' says:

        I think BDLR said in one of the hearings in response to Omara that he is not prosecuting fogen for racial profiling.As well when the defense wanted her address BDLR listed the information the defense has of DeeDee and one thing was her date of birth which he said they’ve known since Sept’So now it’s going to the hospital imho this is much ado about nothing.Or I don’t know maybe there’s method in their maddness.I know I’m wishing my life away but please June hurry up.

  27. ay2z says:

    To the last sentence of Prof’s latest article, I asked myself that same question last night and in my case, this simply goes to show how predictable this defense has become even to a non-legal background.

    And to OS, by now, should their legal writers not understand that an interview by prosecution, is NOT a deposition? OS thinks it is. They don’t ask why they have access to transcripts of a prosecution ‘depo’ yet with no request or court order to grant publication?

    • ay2z says:

      Irish O’Mara should beware when he plays slight of hand and magic tricks on ol’ Bernie, he’s got a few tricks in his bag too. (Never hurts to have a big orange farm cat named Ginger at your back, or in this case a Judge who won’t back off her bench either)

      BDLR: “Praise!! Never in 5000 years, have you ever met a more knowledgeable adversary!

      MOM: I am Mark O’Mara and… NO!! NO!!!

      BDLR: Do you agree…?

      MOM: I DO! I DO! But how am I going to protect myself from….

      BDLR: Don’t worry, I’ll take good care o’ you.

      (and a belated Happy St. Pat’s to you too, defense team!)

  28. Trained Observer says:

    Balloon Boy’s parents paid some years back for their stunt in the sky, so hopefully MOM, West and whoever else thought this glittering balloon would fly will end up being similarly exposed as manipulating dopes.

    • SearchingMind says:

      Ha! West also? Nothing has been heard of West lately. He has been on the GZ case for a while now –WITHOUT pay! I would image that this case is getting very expensive for him. How is he paying for his living expenses? Could he abandoning the ship (if he has not abandoned it yet)?

  29. onlyiamunitron says:

    follow

    unitron

  30. Big Willie says:

    The audacity of the defense is appalling! I wouldn’t want to be in their shoes come Judgement Day.

  31. Trained Observer says:

    Here’s a jury verdict update on the Miramar, Florida teenager freed from the slammer after 26 years after DNA evidence negated his involvement in the rape and murder of a woman he says he never met. One cop and a sheriff’s deputy have gotten off, while 2 cops got nailed by the jury. (Note the federal judge threw out some of the charges.)

    http://www.sun-sentinel.com/news/local/breakingnews/sfl-anthony-caravella-jury-finds-two-officer-liable-20130326,0,7821815.story

    • gbrbsb says:

      Good news indeed. I am so glad for him. I noticed the court appointed a legal guardian demonstrating he is a vulnerable adult and needed protection not a pair of “thugs”. I hope the two have funds to pay and that it won’t be just a pyrrhic victory as he deserves to live the rest of his time with all the comforts so far denied. I can’t understand why the police department or other official body was not a party too, hopefully that is his public defender’s next step!

  32. willisnewton says:

    The spaghetti strategy – throw it all against the wall and hope it sticks. Later to be followed by the Chewbacca defense. Later still to be followed by a book deal for O’Mara and a lengthy jail term for Fogen. All roads lead to justice for Trayvon.

    • Rachael says:

      They’ve been doing the spaghetti strategy for some time now. It seems to be the only strategy they have. I do know one thing now for certain. If I were ever to need a lawyer in Florida, I know who not to go to.

    • leander22 says:

      willisnewton, you have to read the NBC Motion to Stay Proceedings. Very good argument, it’s really hard to ignore by now how deeply Court procedures are entangled with a media campaign and efforts to raise funds, that Frederick has so brilliantly pointed out.

      No extra fast money from NBC? Why not try to get some from the state? Add “a little color” to keep supporter lined up.

      Unfortunately some of it will stick.

  33. bettykath says:

    Their motion indicates that it was wrong for Trayvon’s mother to be in the room sitting next to DeeDee when she was interviewed. Maybe she provided DeeDee with a ride to the interview and was in the room to give her support. But was this a serious error on the part of Bernie?

  34. SearchingMind says:

    O’Mara: the phantom chaser

    Tomorrow is the “D-day” for the submission of the final (expert-)witness lists. That would offer more accurate insight into what the parties intend to argue during the trial.

    Meanwhile, O’Mara is still busy chasing after phantoms (Mr. Crump-deposition, public relation onslaught against DeeDee, fining prosecutors for his own incompetence, etc.). He might even include Mr. Crump on his witness list to energize “the base” and generate cash. I think this is a bad omen for GZ, because a good attorney should not be engaging in phantom chasing soooo close to the trial.

    For anyone wondering where Malisha and Rachael are today, its Passover. They do send their greetings to you all.

    • Rachael says:

      While I do send my greetings to all, I didn’t even know it was Passover, so thank you very much SM for letting me know!

      This is one of the more ridiculous motions yet, for I’m sure had GZ known DD would attend Trayvon’s funeral, he wouldn’t have killed Trayvon (eye roll).

      And thanks again for mocking – I mean bringing my attention to the fact that it is Passover SM (but if it helps you any to know, though I was born Jewish, I am an athiest. I know you find that odd since it was when GZ said it was God’s plan that did it for me, but it wasn’t because of “God” per se, but because of understanding what that means to some people and how disgusting it was – kind of like when someone mocks someone for their beliefs).

      So greetings to all and Happy Passover to those who celebrate.

      • Malisha says:

        Rachael, thanks! I actually went to a “seder” last night although I am not a worshipper (of any sort) because I love matza ball soup. The fun of the seder is the religious elevation of a slave revolt (which history, by the way, does not recognize because there is no non-religious historical evidence of the Exodus), making the ancient Hebrew religion, in a sense, a “liberation theology.”

        Anyway, my favorite part of the “seder” is the question that is asked: WHY is this night different from all other nights?

        Indeed! :mrgreen:

      • SearchingMind says:

        Dad is a tribesman; mom a (naturalized) German; me? “a decent American” :). Happy Passover to both of you.

      • kllypyn says:

        She never specifically stated she went to a hospital. And what does her going or not going to trayvon’s funeral have to do with why there was a funeral in the first place?

      • cielo62 says:

        Malisha~ there have been several Egyptian texts related to a people that scientists believe were the Jews. Of course, the miracles stated aren’t mentioned, just a few of the “curses” that did happen historically. ANYWAY, I haven’t been to a seder in years. Many non-Jews celebrate it as a form of Liberation Theology (which I adore). This time of year there is Passover, Easter and Ostara, so whatever way you honor re-birth and spring, have a good one!

    • PYorck says:

      Tomorrow is the “D-day” for the submission of the final (expert-)witness lists. That would offer more accurate insight into what the parties intend to argue during the trial.

      Will we get to see those lists?

    • Malisha says:

      Hey SearchingMind, you made me more religious than I am.

      My reason for not communicating were:

      I went to NY to see the incomparable Tonya Pinkins perform (“Bring on the Men”) at Joe’s Pub;

      I was beyond exhausted;

      I had no computer or Internet access;

      I was Ms. Pinkins’ wardrobe mistress and “dresser”;

      and, last but not least,

      I didn’t want to do anything all day because MY PEOPLE never got the credit they deserved for building Pharoah’s store-houses! And LIFE IS NOT FAIR!

      But the GOOD NEWS is that I met some actors who are doing good work bringing the Trayvon Martin case into the theater world. Perhaps one or two of them will be checking into this blog for some ideas soon enough.

      Correct, though, on sending my greetings to everyone: May the Red Sea part for EVERYONE HERE!

    • Malisha says:

      Oh and I forgot to add: Here are ten plagues for the Fogenites:

      10. Their spaghetti turns to macaroni and falls to the floor;
      9. The flying spaghetti-god then strikes them with a curse for having macaroni all over the floor;
      8. Boils are good; we can leave the boils just as is;
      7. Mad cow disease can stay;
      6. Whenever they next go to dox an AA teen named DeeDee, they get mixed up and dox the 17-year-old daughter of a white Florida prosecutor and put up her info. on the web, causing trouble in Paradise;
      5. Pop Tarts goes out of business like twinkies did before it;
      4. MOM Tarts never gets INTO business, even in Peru;
      3. Someone finds another Pba-lack ancester of Fogen and that person is then exposed as a well known thug;
      2. A Virginia Magistrate signs a search warrant for all premises owned, rented, or ever entered by Judge Nelson, and the Florida cops start executing the warrant and a bunch of them get shot by SYG-crazed homeowners; and

      The number one plague imposed upon the Fogenites:

      1. There really is going to be a trial!

    • Xena says:

      I just received notification from another blog that the Feign Team has filed a list of 130 witnesses.

  35. SpecialladyT says:

    I am so tired of this redundancy from fogen’s scheme team. What a waste of energy, the courts time and money. When there is no defense, you become foolish and desperate.

    I do have one question though, was the SA Office obligated to give that information to the defense that DD did not go to the hospital?

    • SearchingMind says:

      Nope. Because the info is:

      a. Immaterial and utterly irrelevant (i.e. the truth/falsity of the info cannot conceivably add or remove anything from the case, alter the course of the trial and/or the outcome thereof);

      b. Neither exculpatory nor exculpatory.

      • SearchingMind says:

        ….. nor inculpatory.

      • gbrbsb says:

        Yes they do have to disclose the information and they have indeed already done so.

        Sorry SearchingMind, but according to the professor in his reply to me up or down thread:

        “Pursuant to Giglio v. United States, 405 U.S. 150 (1972), evidence that impeaches a prosecution witness is exculpatory and must be disclosed to the defense”

        This is exactly as I thought seeing as, like it or not, fair or not, it could go to the credibility of a material witness, but again according to the professor, because Guy already disclosed it before they held W8’s deposition and 3 months before trial MOM & Co will not be awarded costs as they are claiming.

  36. You all have thoughtful comments says:

    I am laughing at the gimmick-circus acts performed by defense.
    What a hoot!

  37. Follow…..with slingshot and rocks for the aforesaid balloons 🙂

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