Zimmerman defense team’s latest actions show fear and desperation

Wednesday, March 27, 2013

From the they-don’t-teach-you-this-in-law-school file, comes this bit of sage advice whispered to me late at night in a bar in some long forgotten city by a nationally respected criminal defense lawyer whose name I shall not disclose in this sacred house.

When all else fails and you know you have a loser case, abandon hope, jack-up the level of pain pissing off the judge and prosecutor, keep on swingin’ ’til you knock somebody down and keep on keepin’ on until they commit reversible error. You want to make them mad enough to spit nails so they go home at night and kick the fuckin’ dog

This is the desperate strategy that Mark O’Mara appears to be using with his latest flurry of specious motions that have no chance of being granted. He is personalizing the battle hoping to evoke anger sufficient to overwhelm reason and provoke an emotional retaliation that introduces reversible error into the record. He also has an eye on the rate of financial contributions to the internet fund. He needs to keep making news to loosen the purse strings of the dwindling number of racists still willing to contribute money to the defendant’s losing cause.

Why do I say losing?

Because he has, in effect, waived the immunity hearing without formally doing so on the record, and he is trying his case everywhere except a courtroom, which is the only place that it should be tried.

Hell, he is so desperate and scattered that he cannot even get it together to note up his specious motions for a hearing.

Take heart fellow Trayvon supporters because these are not the actions of a well prepared, confident and professional attorney.

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86 Responses to Zimmerman defense team’s latest actions show fear and desperation

  1. Animaljunkie says:

    ‘Take heart fellow Trayvon supporters because these are not the actions of a well prepared, confident and professional attorney.’

    Even as a layperson, this was obvious to me when O’Mara/West first commenced his/their ridiculous arguments, which had no bearing on the case, whatsoever! The defendant’s supporters are the ONLY ones fooled by ALL their tweets/interviews. A prime example is moving to depose Mr Crump; why on earth would his deposition suddenly reverse our conclusions of the defendant’s guilt? My reply has always been the ‘smoke & mirrors’ defence i.e. throw ANY old ridiculous argument into the mix, hoping, beyond hope, something might stick!

    Quite frankly, I’d be ashamed if I was educated to the level of ‘Doctor of Jurisprudence’ that O’Mara & West are, AND playing the ridiculous games they are with the court’s and prosecution’s time, not to mention the cost to the State! From my point of view, Angela Corey is the only one worthy of her title ‘Doctor of Jurisprudence, in this case!

    RIGHT IS MIGHT!

  2. towerflower says:

    Defense loses again, no depo for Crump.

    http://www.orlandosentinel.com/news/local/breakingnews/os-zimmerman-no-crump-depo-20130328,0,5867222.story

    Judge: Crump need not answer questions from George Zimmerman’s lawyers

    By Rene Stutzman, Orlando Sentinel
    11:25 a.m. EDT, March 28, 2013

    A Sanford judge today said no to defense attorneys for George Zimmerman, who had asked a second time that the attorney for Trayvon Martin’s family be required to answer their questions under oath.

    Circuit Judge Debra S. Nelson made that ruling in a three sentence order that offered no explanation.

    In her earlier ruling, three weeks ago, she wrote that Zimmerman’s attorneys had failed to show that they could get the information from no other source, that it was relevant or crucial to the case.

    Zimmerman is the 29-year-old former Neighborhood Watch volunteer charged with second-degree murder for shooting Trayvon Martin, an unarmed black 17-year-old, in Sanford Feb. 26, 2012.

    Zimmerman says he acted in self-defense.

    His attorneys wanted to question Benjamin Crump, the attorney for Trayvon’s parents, about a young Miami woman who was on the phone with Trayvon just before the shooting and about the circumstances surrounding a March 19, 2012, interview with her that he recorded.

    During it, she lied about her age, saying she was 16 when she was 18, and that she had missed Trayvon’s wake and funeral because she was in the hospital.

    Crump objected to being deposed by Zimmerman’s attorneys, saying that information is protected by attorney-client privilege and because it was part of his work product. He also argued that it isn’t relevant to the criminal case.

  3. SpecialladyT says:

    Professor, can you clarify this for me.

    I have read on another blog that favors the defense suggesting that the State is in violation of not turning over Giglio information, DD’s so-called lies.

    Thank you!

    • aussie says:

      Defence has been claiming she lied BEFORE prosecution “knew” about it.

      So that would be saying, YOU should tell me something YOU DON”T KNOW and which I already know about.

      This is why they want to depose Crump, to find out when he “knew”.

      But they had it open to them to ask DeeDee and settle this for themselves months ago, almost year ago.

  4. Why is Mr. Crump referred to as witness Crump, or was that a horrible typo?

  5. Defense responds to Mr Blackwells’ response to the motion to reconsider the deposition of Ben Crump:

    http://www.gzdocs.com/documents/0313/defendant_rep.pdf

    • Xena says:

      The defense is inconsistent in its argument. Didn’t O’Mara claim in the motion for reconsideration that he wanted to depose attorney Crump on his statement to the media regarding Lee and Wolfinger? Now in their answer, the defense has limited the deposition to attorney Crump’s affidavit regarding DeeDee.

      On one hand they say DeeDee lied. On the other hand they want to hold the State responsible for not telling them DeeDee lied, and now they want to depose Crump about DeeDee’s statement although they have already deposed DeeDee.

      It’s a moot issue.

      • They have no defense. They want folks to focus on the shiny object!

      • racerrodig says:

        It would be nice if they’d make up their minds and settle on just one crock of shit. It does get confusing.

      • Jun says:

        They’re really stupid

        They have been told since August of last year to depose W8, since they wanted information about hospital records

        There was nothing preventing them from asking her since April 11, 2012 and to depose her

        They have been made multiple offers to go straight to the source to get the information they seek

        Only Zidiots buy that illogical nonsense

        • Xena says:

          @Jun

          There was nothing preventing them from asking her since April 11, 2012 and to depose her

          But, doing their own work would not be exerting superiority over attorney Crump whom O’Mara and West see as the state’s surrogate — until it comes to their “opposing attorney” argument, that is.

      • leander22 says:

        be exerting superiority over attorney Crump whom O’Mara and West see as the state’s surrogate — until it comes to their “opposing attorney” argument, that is.

        Xena, they seems to have challenged Crump is “opposing party” now they focus on their waiver theory, suggesting that since Crump went public with the interview, he waived whatever privileges he has. I have to go back to study the whole Crump-DeeDee chronology, Blackwell’s affidavit for Crump is very helpful in this context.

        What I noticed generally is that they seem to use laws and or rules selectively. Like in their waiver argument they ignore that the consent of the parties would change the scenario completely, which I suppose Crump had.

        Remember the struggle with unitron concerning their motions for sanctions since BDLR didn’t allow DeeDee’s deposition to be video taped, the same type of selectivity surfaces:

        9. That undersigned counsel advised Mr. De la Rionda of the applicable rules in this regard including Criminal Rule of Procedure 3.220 (8) (1) which identifies that depositions may be taken upon notice and to the extend that the procedure for taking the deposition, including the scope of the examination, the issuance of subpoena, etc. shall be as provided in the Florida Rules of Civil Procedure. Undersigned counsel then referenced Florida Rule of Civil Procedure 1.301 (b) (4) which states that videotaped depositions may be taken without leave of court or stipulation to the parties provided the deposition is taken in accordance with this subdivision (a) of the rule which states that the notice is to state that the deposition is to be videotaped and give the name and address of the operator. In this particular case, that was appropriately done for all videotaped deposition notices.

        Here is the context:
        3.220 (h) (1), page 123

        Except as provided herein, the procedure for taking the deposition, including the scope of the examination, and the issuance of a subpoena (except a subpoena duces tecum) for deposition by an attorney of record in the action, shall be the same as that provided in the Florida Rules of Civil Procedure.

        It goes on to state in this context that the material thus collected based on civil procedure can be used among other things for impeachment. This seems a comment concerning 3.220 (h) 8, the section I stumbled across before looking closer into matters (defendant’s physical presence h (7), which does not quite fit, admittedly, from the 1989 amendment, page 133, they seem to have shifted paragraphs over the years:

        New subdivision (h) (4) recognized that children and some adults are especially vulnerable to intimidation tactics. Although it has been shown that such tactics are infrequent, they should not be tolerated because of the traumatic effect on the witness. The videotaping of the deposition will enable the trial judge to control such tactics. Provision is also made to protect witnesses of fragile emotional strength because of their vulnerability to intimidation tactics.

        Considering that Nelson so far agreed with State concerning a basic measure of protection of the family and DeeDee, this was clearly a provocation. But it would have been much better State had responded earlier to the latest maneuvers. On the other hand do they need to and how will Nelson respond? …

        Strictly I would have loved to have a video of GZ’s many interview, I would love to study his expression e.g. here: To be quite honest with you, I have a bad memory.

        sorry, using up much space.

  6. Jun says:

    I gathered as much. I think they are going with the

    Fogen vs The World theory

    Fogen is trying to attack the evidence and making up lies about the state’s actions and twisting everything

  7. Xena says:

    O’Mara was following the demands of GZ’s whores, which was to work at getting the case dismissed without going to trial. All of their conspiracy theories were for that purpose. GZ’s supporters have never wanted GZ to go to trial. Truly, if the evidence is to his benefit and he is innocent, O’Mara should have had the immunity hearing last year.

    Nothing — absolutely nothing that he has brought before the court proves that GZ killed Trayvon in self-defense.

    GZ is toxic, and it is sad that O’Mara and West have now been tainted with GZ’s negative energy.

  8. ay2z says:

    He is personalizing the battle hoping to evoke anger sufficient to overwhelm reason and provoke an emotional retaliation that introduces reversible error into the record.

    But they provoked the wrong provokee, the twit over on his twitter page.

    The good judge isn’t going to fall prey to this tactic, she’s been around once or twice and caught them out a few times in court. The piss off began some time ago, and now she’s on vacation. Poor timing, she’s got time to relax and come back at this feeling refreshed and ready.

  9. racerrodig says:

    That’s a great post……I can condense it down to one thing, and I’ll apologize in advance….

    Moron O’ Mara…….Game – Set – Match !!

  10. A good description of the Z klan

  11. ay2z says:

    Frank, offer your help to junior, he’s now starting his damage control over on CBS Crimesider, and if you hurry, you can catch him before he gives an interview over at the cfnews13.com later this week, or so he apparently told the station he would provide his comments.

    He needs your help, can’t do this alone, buddy.

  12. parrot says:

    Good luck with that! I don’t see even-tempered Judge Nelson falling in that trap.

    My fear is that the defense will achieve its goal of tainting the pool and getting a bigot or two seated on the jury.

    • ay2z says:

      But with the help of junior and his racist propaganda and personal attack machine over at the tweet place, the other jurors will ferret them out and not let them get away with running their own style of justice.

    • Malisha says:

      Just think if there are two confirmed bigots on the jury and four normals; there would be a two-week sequestration AFTER THE TRIAL for deliberations and then a hung jury and then Fogen would have to stand trial AGAIN! OMG it would be a worse punishment than his sentence! I don’t believe they can seat six total complete “non-racist” bigoted punk-a55holes so in a sense it would be “poetic” justice to have this kind of thing happen!

  13. This just in from the spam file.

    From our loving and oh-so-well-adjusted friend, Frank Taaffe:

    You talk so much shit i would not be surprised if your breath smells like shit 24/7

    Gosh, I love it when he talks dirty.

    See ya, wouldn’t want to be ya, Frank.

    • parrot says:

      LOL!

      You are hitting a nerve, Professor.

    • Tzar says:

      Bwah ha ha ha ha
      Gattdamn their frustration shows that they really thought they were accomplishing something
      This whole case has been a cornucopia of case studies in the Dunning–Kruger effect
      From Wikipedia:

      The Dunning–Kruger effect is a cognitive bias in which unskilled individuals suffer from illusory superiority, mistakenly rating their ability much higher than average. This bias is attributed to a metacognitive inability of the unskilled to recognize their mistakes.[1]

      Actual competence may weaken self-confidence, as competent individuals may falsely assume that others have an equivalent understanding. David Dunning and Justin Kruger of Cornell University conclude, “the miscalibration of the incompetent stems from an error about the self, whereas the miscalibration of the highly competent stems from an error about others”.[2]

      My favorite video on the concept

    • @Professor

      Is that all he has?

      • I am just sitting in for a short while because Fred is on an errand, but yes. That was the whole comment.

        • LOL! I was trying to belittle the clown. They’re mad b/c the Professor is driving it home. They’ll just have to eat their peas.

          • Chuckling along as well, and I am not quite sure what one expects to happen with such an over-the-top comment, did he for real think for a minute that he wouldn’t get banned outright?

          • They don’t have the sense to figure it out. We get them all the time. Straight to the trash bin they go.

          • Okay, so it’s good to know some of us are not alone. Some folks hate him so much that they actually continue to carry on conversations in the spam filter, and I mean, wow. You wanna ask, You eat with that mouth?

          • Xena says:

            Zidiots seem to think that they cannot be banned/blocked unless at least one of their comments is first approved. They have no idea how some admins have set up their blog options to block via IP address so that all subsequent comments go into the spam where they are not read and scroll off into oblivion.

          • Basic intuitive. Should be anyway.

          • racerrodig says:

            And part of the problem is that Zidiot’s are really proud of that 6th grade “edecashun” and just keep rolling on.

          • Xena says:

            @racerrodig.

            And part of the problem is that Zidiot’s are really proud of that 6th grade “edecashun” and just keep rolling on.

            That is something I do not understand. They think self-defense statute means someone can bully another, threaten them, provoke them into fear, but as long as they don’t throw the first punch, they have the right to kill the person using the kindergarten version of “Mommy. He hit me first.”

            They argue for exact verbalization of physical threat, but also argue the “reasonable person” standard.

            I don’t know how Moses endured 40 years of going around the same mountain with people who did not understand 10 simple commandments.

          • racerrodig says:

            40 years !! That’s good !! I have worked with people who can’t follow this simple command “Do some work” and yet we, believing that most people are “normal” think they can interact with the real “normal” people.

            So why are we shocked, on one hand, at a Fogen, as we dealt with his ilk before, maybe not as extreme, but they’re out there.

          • Xena says:

            @racerrodig. A simple command to NW; “Do not follow suspicious people.” GZ’s response? “But I wanted to get an address and was just going in the same direction.”

            A simple rule: “Do not carry a weapon while on NW.” GZ’s response? “But I carry THE gun everywhere with me other than work. I have a license to carry it concealed.”

            So Moses throws the stone tablets at GZ, and they go around the same mountain for 40 years and GZ dies in the wilderness.

          • racerrodig says:

            So he’ll die in the wilderness…..we can all hope and the year is young

          • Not my mountain I hope….:|

          • racerrodig says:

            Imagine his fat lard ass walking around at 9K feet. There’s a site I’ll take a pass on.

          • No shit huh? from sea level to 9K ft.?………a 10 minute break after every step….. 🙂

            Hell I swing a pick in the mine (sumtin xtra n ur package) and smoke too…gotten used to it

            I’m no good over 11K tho 😦

          • racerrodig says:

            The “highest” I’ve been was driving through the Blueridge Mountains and it didn’t bother me to much. Probably about 4000 foot. I have friends & customers who race at most of the NHRA National Events one of which is at Bandimere Speedway outside of Denver, about a 1 mile elevation. All of the older / overweight guys walk real slow there. The lack of 02 makes retuning the engine a requisite as does using a lot more rear gear and the engines still lose about 30% of their power.

            So it would be a hoot seeing Fogen at altitude……he’d have to get leaned out, and need more in the rear……and he’ll have less power………and if someone he see’s say’s “…..shit, he’s running…” we can all watch the worlds funniest chase scene as he gasps for breath after what, the 3rd step…….

          • cielo62 says:

            Xena- as I learned in recovery; the rules are simple but NOT easy.

            Sent from my iPod

      • Jun says:

        There’s no dna transfer whatsoever on Trayvon’s hands or arms of him and his clothing, so he did not cause any of Fogen’s hilariously minor and staged injuries

        Considering that piece of forensic evidence, they cant even say Trayvon threw the first punch, because by forensics, Trayvon did not attack at all, therefore, Fogen did the first attack

        Zidiots seem to think it’s completely legal to stalk and threaten people so I can see your point LOL

        Seriously, we are supposed to just let some complete stranger, wanna be cop, just stalk us, threaten us, attack us, and if we try to defend at all, it means the stranger with the gun gets SYG LOL

        So it is supposed to be a big surprise that Fogen gets charged with murder 2 for, get this, stalking and killing a kid?

        Perhaps there is some hope and it is just sarcasm from Zidiots LOL

        The other funny Zidiot arguments are on the stalking statute where it says “repeatedly” and they claim Fogen did not repeatedly follow Trayvon that night

    • cielo62 says:

      Taafe must be drinking again.

      Sent from my iPod

      • racerrodig says:

        “Taafe must be drinking again.”

        Can we agree to still drinking……..it must be his “..short term vision…” again.

  14. annahkonda says:

    As they say at McDonald’s , I’m lovin’ it!

  15. Oh My, someone calling himself Frank Taaffe is in the pending file, and it’s not going to go well.

  16. He is applying the Jr motto – Instigate and retaliate – the gz nw strategy applied on Trayvon. It is crystal clear what they are trying to do and I do believe they have Jr out there acting a fool to distract, after all, Jr only made plain what they plan to use in their defense of fogen.

  17. onlyiamunitron says:

    follow

    unitron

  18. ay2z says:

    Well, pissing them off so badly they spit nails, I’d say bad timing. Bernie and John get to stay home and enjoy the last two weeks in April with their families as they had their case immunity hearing cancelled.

    Only nail spittin’ will be for fixing the loose deck so they can have a bbq with family.

    Let MOM and West do the spitting.

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