Mark O’Mara needs to stop whining

Sunday, April 28, 2013

Good morning:

Crane and I are counting down the hours to 9 am, Tuesday when Judge Nelson will commence the hearing that we have been waiting for since BDLR filed his epic Shakespearean put down of Mark O’Mara. In case you missed it Friday, O’Mara filed a super whiny Reply to State’s Response to Defendant’s Motion for Sanctions Against State Attorney’s Office for Discovery Violations. In a five-page reply neck deep in irony, he asked Judge Nelson to strike BDLR’s response to his motion for sanctions for discovery violations citing rules of professional conduct that require lawyers to tell the truth and not disparage other parties and their lawyers. Imagine that! This request is from the man who specializes in using his media mouthpieces at the Orlando Sentinel to keep repeating his message misrepresenting the evidence in Trayvon’s case while demonizing him, his family, and Dee Dee without a shred of evidence to support his false accusations. We about laughed ourselves sick when we read his whiny and fundamentally dishonest reply

The following matters have been noted for the hearing:

By the Defense:

1. Defendant’s demand for specific discovery, dated March 26, 2013, regarding any and all data regarding any downloads from any phone or phone number connected to George Zimmerman or his wife Shellie, etc. from the State of Florida

2. Defendant’s motion for sanctions against State Attorney’s Office for discovery violations, dated March 25, 2013

3. Defendant’s motion for sanctions against State Attorney’s Office for payment of attorney fees and costs, dated March 26, 2013

4. Defendant’s motion to unseal information listed as confidential information within a court filing or, in the alternative, demand for specific discovery, dated April 11, 2013

5. Motion to determine confidentiality of court records in opposition to defendant’s motion to unseal, dated April 12, 2013 (filed by Benjamin L. Crump, Esq. Jarian N. Lyons, Esq., Counsel for the Estate of Trayvon Martin)

6. Defendant’s demand for specific discovery, dated April 25, 2013, regarding any and all data, regarding any downloads or reports from any phone or phone number connected to Trayvon Martin from the State of Florida

7. Defendant’s demand for specific discovery dated April 25, 2013, regarding any and all cleaned up, edited and/or enhanced version(s) of any and all recorded 911 calls listened to by Tracy Martin from the State of Florida

8. Defendant’s motion to allow additional witness disclosure.

Regarding the defendant’s petition for a writ of certiorari and the thunderstorm of motions for sanctions and terms:

I previously described them as “ridiculous” and I see no reason to change my opinion.

The defendant’s effort to obtain judicial permission to depose Ben Crump does not make any sense. He did not witness the shooting; he conducted an investigation of Trayvon’s death on behalf of his clients, Tracy Martin and Sybrina Fulton. As a result of that investigation, he contacted Dee Dee and scheduled a telephonic interview. To avoid the possibility of being the only witness to what she said during the conversation, he arranged to have other people present when the call took place and he placed Dee Dee on a speaker phone so that everyone present could hear both sides of the conversation.

To obtain judicial approval to depose Crump, the defense must show, among other things, that no other witness except Crump can answer its questions. The presence of the other witnesses in his office during the call, whom the defense has not deposed, means the defense request to depose Crump must be denied.

Another requirement the defense must satisfy is that Crump’s answers would be relevant and admissible at trial. O’Mara has asserted that his answers would be relevant and admissible, but he has not provided a reason to support that conclusion. Why Crump’s testimony might be relevant is not apparent. Since Dee Dee talked to Trayvon, she is the witness with relevant and admissible testimony, not Crump.

Crump’s efforts to locate Dee Dee and interview her are attorney work product that is protected from disclosure. His conversations with his clients are protected from disclosure by the attorney client privilege.

Moreover, his effort to investigate George Zimmerman as the person who unlawfully killed Trayvon places his interests in opposition to O’Mara. This is another bar to the deposition.

Therefore, O’Mara’s argument to obtain judicial approval to depose Ben Crump not only appears to be doomed, it appears that it never had a chance to succeed. That is why I described it as ridiculous and a waste of time.

Time is running out for O’Mara with the trial date little more than 30 days away. I believe he is finally beginning to realize that his smoke and mirrors defense cobbled together out of half-truths, false statements and misstatements ain’t gonna make it to the courthouse on June 10th.

With the confirmation that the defendant is going to waive his statutory right to an immunity hearing on Tuesday, it should finally be clear to even the most devout believers that the defendant is going down.

O’Mara has invested a considerable amount of time and energy riding his client’s case to fame and fortune. I do not doubt his anger and disappointment. Nevertheless, blaming BDLR and Judge Nelsons for his own failures is the way his client behaves.

He needs to grow up.

403 Responses to Mark O’Mara needs to stop whining

  1. Nef05 says:

    Is anyone getting audio?

  2. Lynn says:

    No sound anywhere!!!!

  3. Good morning.

    I will be putting up a new post for your comments about the hearing at 9 am EDT.

    Any suggestions for websites that will livestream the hearing?

  4. SearchingMind says:

    @ Groans

    Groans, you wrote up thread in response to my “worst-case scenario predictions”:

    “… Judge Nelson wrote an order SIX MONTHS AGO stating that any request for immunity had to be filed and heard by April 26 – i.e., last Friday! Under criminal procedure Rule 3.190(c), the defense has already WAIVED any immunity defense because they failed to file a timely motion to dismiss …”

    Rule 3.190(c) of the Florida Rules of Criminal Procedure states, among others, as follows:

    “… Except for objections based on fundamental grounds, every ground for a motion to dismiss that is not presented by a motion to dismiss within the time hereinabove provided shall be considered waived…”. The exceptions mentioned thereafter do not apply in this case.

    So far, your argument is quite correct.

    HOWEVER, when BDLR remarked in Court that O’Mara would be waiving GZ’s right to the statutory immunity if he fails to file a Motion to that effect within the time allocated for it, Judge Nelson said something to the effect that she did NOT consider that right waived (!). This was a mistake from JN – IMHO.

    The defense could in all reasonability rely on the above utterance from JN and motion for immunit before or during the trial. Best case scenario for the prosecution is that such occours before the trial begins. I hope I am wrong. I guess JN will have both BDLR and O’Mara on her neck today. Whatever happens, I do think that JN have to be very very careful with O’Mara.

    I hope the Professor will chime in (a little bit) on this good discussion.

    • SearchingMind says:

      I would also like to add the following:

      The right to statutory immunity from prosecution would qualify as a “fundamental ground” within the meaning of Rule 3.190(c) of the Florida Rules of Criminal Procedure. As such any Motion for statutory immunity may be received at any time regardless of prior Court Order. See for example Potts v. State, 526 So. 2d104 (Fla. 4th DCA 19687. The Appellate Court ruled that the right not be charged with violation of facially unconstitutional statute is fundamental and that the Motion to dismiss on that ground may be received at ANY TIME.

      Professor, I believe your guidance is needed here.

      • Briefly, I don’t believe the two hearings can be combined without compromising the defendant’s right to remain silent and I believe the orderly administration of justice requires holding the hearing not only before trial, but long enough before trial so that juror summons are not sent out.

      • Jun says:

        Rule 3.190 is a chapter titled “Pre-Trial” motions

        It is clearly written in the law that it is a pretrial motion and that there is a time limit on good cause shown

      • Jun says:

        RULE 3.190
        .
        PRETRIAL MOTIONS
        (a)
        In General.

        Every pretrial motion and pleading in response to a motion shall
        be in writing and signed by the party making the motion or the attorney for the party. This requirement may be waived by the
        court for good cause shown. Each motion or other
        pleading shall state the ground or grounds on which it is based. A copy shall be served on the adverse party. A certificate of service must accompany the filing of any pleading.

        (c)
        Time for Moving to Dismiss.
        Unless the court grants further time, the
        defendant shall move to dismiss the indictment or information either before or at arraignment. The court in its discretion may permit the defendant to plead and thereafter to file a motion to dismiss at a time to be set by the court. Except for objections based on fundamental grounds, every ground for a motion to dismiss that is not presented by a motion to dismiss within the time herein above provided shall be considered waived.

      • SearchingMind says:

        JUN, did you not see the words: “except for ….” in the “chapter titled “Pre-Trial” motions?

      • Lonnie Starr says:

        Hmmm… They announced on 1010 wins NY that GZ has waived his right to any immunity hearing. So, that’s where I got that idea from.

    • Lonnie Starr says:

      Before she left the bench today she asked them both to see her in chambers right away. So the “jury” is still out on what’s going on.

  5. Malisha says:

    Nellie, are you a morning person? 😀

  6. Nellie Nell says:

    T minus 3 hours…….. Tick tock, tick tock, tick tock!

    • Lonnie Starr says:

      He lost the SYG (shoot your gun) hearing, they were forced to admit there was not an immunity claim they believed could succeed [are you listening donors?]

      MOM did, however, win the right to select which “unfortunate and/or unprofessional remarks”, he’d like to have Judge Nelson remove from the record.

  7. Rachael says:

    I can’t sleep. I keep waking up like every hour.

  8. groans says:

    Professor, a suggestion:

    How about creating a new page for tomorrow (well before the hearing starts) – an “Open Discussion” page for during and after the hearing. (We usually need such on hearing days.)

    And put Xena’s “B-B-B-Bad to the Bone” Bernie video on the open discussion page – to “set the stage,” and also to publicize the video.

    Goodnight, all.

    • ay2z says:

      groans, we might remember to close the day with Faux’s Go-Go song, just because he is. 😉

      Came on to reset the alarm to 5 past 5:30 AM– see ya’ll in the morrow!!

      Goodnight (not quite time to say goodmornin’ yet)

      • fauxmccoy says:

        i am considering staying up for the event. it’s late here in california and i slept quite late preparing for this. what i do not want is to fall asleep in the middle, because i think this one may take a while.

        good night and sweet dreams

      • @Fauxmccoy

        I want to stay up but my eyes can hardly stay open. I’m going to bed. Night, everyone!

  9. tryagainplease12 says:

    I’ve been following this site for over a year now and i have got to say i’m proud of the prof,crane,xena,rachel,two sides,tzar,llmp, and racer for keeping it real on the site!!. Not to leave any one out you all do excellent work for Trayvon and his family. My question is could BDLR give O’mara a GOTCHA on hearings 1 and 6 so that the public can see on tv the information they say they want but really don’t want to be revealed like text messages and who was calling who during that VERY sad night?

    • Malisha says:

      We definitely need to overhaul our justice system to make sure that victims are not allowed to be biased against perpetrators, huh? They should, instead, be very accepting of any kind of abuse or criminal conduct — especially if they’re — ahem — not Afro-Peruvian, right? 😈

  10. kenteoth says:

    I do not have a law degree, but from what I understand, the defense has nothing but holes in the defendant’s stories, nothing but half-ass work done, shoddy job on keeping the defendant’s mouth shut, and downright disrespect and demonizing of the true victim, Trayvon Martin. What is even more distasteful is the defense wanting the amount from the settlement disclosed…..however, they have been trying to keep the fact that the defense fund is upside down hush hush is something they want the public to ignore……Karma is going to be busy soon…….

  11. Big Willie says:

    Ok guys, for this question I must use my Steve Harvey voice,

    Did O’Mara really open his ignant ass mouth to say Trayvon’s parent have the potential to be “Bias”?

    Definition of Ignant:
    While ignorant implies doing or saying something foolish not knowing any better, ignant implies that the person knew damn well and chose to act foolish anyway.

    • groans says:

      If the parents of a 17-y/o shooting victim aren’t “biased” about their child’s ADMITTED killer … WHO would be?

      What a farce to claim that some civil litigation settlement “created” the parents’ bias? And a settlement that occurred BEFORE trial??!!

      AS IF the parents expect ANY significant financial gain from suing the convicted murderer AFTER trial??!! Pure nonsense and BS.

      Any “financial bias” likely to result from the HOA settlement would be in RATL homeowners and whoever else was NEGATIVELY impacted by the settlement, IMO.

      • groans says:

        Correction:

        “What a farce to claim that some PRE-litigation civil settlement ‘created’ the parents’ bias?”

  12. Mary Davis says:

    Good night all. Going to bed early so I can get up early. I don’t want to miss a single thing tomorrow morning. Hoodies Up.

  13. Mary Davis says:

    Professor. Please check your e-mail. Thank you.

  14. Hey everyone! Can someone help me out?

    What time zone is Florida? I’m in CST. If the hearing is starting at 9am, what time is it for me here?

  15. Mary Davis says:

    I think what he really wants to do is get rid of BDLR. oh well, you’re stuck with him OM. BDLR aint going away.

  16. Mary Davis says:

    I think what he really wants to do is get rid of BDLR.

  17. ay2z says:

    Stuzman’s report has O’Mara minimizing to a ‘non-issue’, the waiver issue, with no comments from the state of course, but no legal analyst or other to give the contrary points of view. (like the constitutional issues, client rights…. etc)

    O’Mara on Monday predicted the judge would treat as a “non-issue” prosecutors’ request that Zimmerman tell her whether he’s waiving his right to a “stand your ground” hearing.

    The defense announced that it would not hold one before the trial but has not ruled out the possibility of holding one at the same time as the trial or afterward.

    If Zimmerman prevails at a “stand your ground” hearing he would be freed of criminal and civil liability for killing Trayvon. That’s important because Trayvon’s family has hired an attorney, Benjamin Crump, to sue Zimmerman.

    O’Mara said he expects jury selection to be a major issue at Tuesday’s hearing.

    O’Mara has pointed to the issues of prominence for his client’s side. Stutzman doesn’t pick up the rest for balance of reporting.

    • ay2z says:

      Is MOM setting up for his biggest ‘whine’ of his career? To toss Judge Nelson if she doesn’t agree on the waiver non-issue? If she does not take this issue seriously as MOM suggests, and if by miracle of miracles, the appeals court sides with him to depose Crump, will he then move to remove a third judge and put a hold on trial until a new one settles in?

      • Mary Davis says:

        He should have run out of judges by now.

      • Jun says:

        Not really

        It’s a deadline

        It’s well written in law that it is a pre-trial evidentiary hearing

        I do not feel he can recuse Nelson for following the letter of the law

        It’s a simple question to answer yes or no to

        They need to know now if they want to do it or not because trial is coming up soon, and they need to set aside time to do it

        Omara has had over a year to deal with this and he should be ready by now

    • Jun says:

      Well if it is such a minimal issue, why is it so difficult to say yes or no?

      And if he is so immune, why does he not have the hearing before the trial, and save himself the problems of going through a full fledged trial?

      Everywhere it is written in law, that this is a pre-trial motion and evidence hearing, where the weight is on the defense to prove it’s case

      So I do not get the logic and it sounds like snake oil sales pitches being flung like crazy

      • groans says:

        I think you do “get it.”
        The real problem is, there is no logic, and it IS a snake oil sales pitch!

        • Lonnie Starr says:

          Well, if he’d have had the immunity hearing way back when, before there was as much evidence as was developed in the 46 days, he might have gotten away with it and, had all that cash on hand to boot.

          Now he’d be penniless going in and facing a Himalayan range of evidence to climb to get out.

  18. groans says:

    Professor,

    Is Judy Clark one of your friends from out west? I think they said she’s in California (but not sure). Apparently she’s a federal death case defender being brought into the Tsarnaev case.

    Reports are, the prosecution and defense are discussing a “deal” to avoid death penalty in exchange for information from the defendant.

    • I know Judy and her husband from NACDL (National Association of Criminal Defense Lawyers) when I was on the Board of Directors and handling death penalty cases. He’s a law professor. They live in San Diego. I used to live in Seattle.

      She is one of my heroes.

      • groans says:

        Something about the name seemed to ring a bell. Like maybe you’ve mentioned her name in the past, as one of your heroes.

        Small world. But probably especially small for criminal death penalty defense lawyers! 🙂

    • Two sides to a story says:

      I don’t think she loses any of her death penalty cases, does she? I’m glad she’s on the case, for what it’s worth. Life in a hole isn’t much better than death, but I guess the kid shoulda thought of that before he joined his big bro.

  19. Two sides to a story says:

    Here’s a list of sites that will possibly cover the hearing –

    WFTV http://www.wftv.com/s/news/trayvonmartin/

    Click Orlando http://www.clickorlando.com/news/trayvo … index.html

    Orlando Sentinel (Fox 35 live stream) http://www.orlandosentinel.com/news/loc … on-martin/

    WESH http://www.wesh.com/news/central-florid … index.html

    cfnews http://www.cfnews13.com/content/news/cf … artin.html

    MyfoxOrlando http://www.myfoxorlando.com/category/23 … von-martin

    CNN http://edition.cnn.com/US/

    NBCNews http://video.msnbc.msn.com/nbcnews.com/ … 3#49478983

    TruTV/InSession link: http://www.superusvoxtv.com/index.php/speciality/tru-tv

    HLNtv http://www.hlntv.com/clusters/trayvon-m … pt=hln10_7

  20. You all have thoughtful comments says:

    Why was George carrying Shellie’s gun that night? Did he always carry her gun? Did he have one of his own?

    • PYorck says:

      I don’t think we know.

      A popular theory is that while GZ was issued a concealed carry permit, he shouldn’t have been. Because the agency that issues the permits in Florida does not count as law enforcement it doesn’t have access to all possible background checks.

      If it is true that something problematic could turn up in a thorough check, then it makes sense to let Shellie buy the guns. She gets checked and passes and afterwards she can privately transfer the gun to GZ without a check.

      • aussie says:

        Thanks, now it starts to make a bit of sense to me. But wouldn’t he still need a CCW permit to be allowed to buy one? is the check for the permit? for the purchase? both?

        • PYorck says:

          The general issue with the background checks is explained here:

          http://articles.sun-sentinel.com/2012-07-06/news/fl-gun-carry-permits-20120706_1_mental-illness-mental-health-nics

          So the theory is that he passed the limited check without NICS access for the CCW permit, but he was at least worried about an additional check with NICS information when buying a gun. I don’t think there is any real evidence of that though. It’s just a possible explanation.

          • cielo62 says:

            PYork~ GZ didn’t have a valid CCW because if he HAD had one, it would have been revoked upon his arrest. Shellie had her CCW revoked when arrested for perjury, yet we see nothing indicating GZ had HIS revoked. Probably because he didn’t have one! He showed A CCW to the arresting officer BUT he didn’t bother to verify it. Great police work there, huh. You don’t need a CCW to purchase a gun since you can keep a gun AT HOME without a CCW, since the CCW is only for Concealed Carry. If you don’t plan to Conceal and Carry, you can just leave it at home. Hence GZ KNEW that he couldn’t pass either the CCW class/background check AND knew he couldn’t pass the background check to just own a gun. hence everything is in Shellie’s name.

      • groans says:

        Thanks for the link, PYorck.

        The article does make me wonder if the killer was “brave” enough to apply for a CCW permit, but was too afraid to try buying a gun because of his MENTAL HEALTH history!

        Apparently, in Florida, a federal database containing mental illness data is NOT checked for CCW permits, BUT IS checked when screening gun purchases.

        Another gap has surfaced in how Florida screens applicants for gun carry permits: The state agency responsible can’t access a federal database [the NICS system] containing 1.6 million records of people nationwide with mental illness, the Sun Sentinel found.

        Florida law enforcement does check the NICS system, and its nearly 8 million records in total, when screening gun purchases made through licensed firearm dealers. But Florida can’t use the NICS system for concealed carry permits because a criminal justice agency doesn’t administer the licensing program.

    • Lonnie Starr says:

      It’s possible that he lost his gun, it’s possible that his gun was broken, he could have sold it for grocery money, he could have given it away, he could have loaned it someone to help with the hunting. He could have lent it to criminals to pull holdups with, who would know if the gun wasn’t fired? So many questions so few answers.

      West is on the stand right now eating up time on the W8 matter. Looks like this hearing is going to take us right up to trial.

  21. Rachael says:

    I can’t remember being this excited about a day since I was a kid looking forward to my birthday! I’m so glad I live in the west coast so it will start at 6 a.m. for me I won’t have to miss any work when I start work at 3 p.m.

  22. groans says:

    Xena – Can your “new toy” record the live stream of the hearing?

    • Xena says:

      @groans.

      Xena – Can your “new toy” record the live stream of the hearing?

      I was just wondering the same. LOL!!

      Trent Sawyer (stateoftheinternet) generally provides the hearings on his Youtube channel. He’s really committed to that — even uploaded the press conference with O’Mara and Crump.

      • Lonnie Starr says:

        EXTRA, EXTRA READ ALL ABOUT IT:

        Black kid wins against White Male “Afro-Peruvian” in Florida Court.

        Today in court, a racist white male — who suddenly became proud of his “Afro-Peruvian” Hispanic heritage; after it was noted that he had been following and reporting black males for a variety of infractions he imagined them committing — has finally been forced to agree with his attorneys [who had been stalling and striving to put off this day, in hopes of garnering more donations from donors too foolish to realize how bad was the loser they were giving their money too] he agreed that he was not eligible for “Stand Your Ground” Immunity, that would be conferred upon people who killed while reasonably defending themselves against a lethal attack.

        This capitulation says that the defense no longer believes that a preponderance of evidence can be made to show that the defendant was either in reasonable fear of his life, or was not the armed instigator of any conflict that arose from the confrontation. Which would have had to be within his rights to take part in.

        The defense did, for the massive full frontal assault of motions offered, win a very big concession. The Judge agreed that certain Prosecutor remarks were “unfortunate and unprofessional” and so the court therefore, left it to the discretion of the defense to choose which of those remarks will be stricken from the record (Hahaha! Client goes to jail for life, while attorney’s select which “unprofessional and unfortunate” remarks they’d like stricken from the record. Quick someone get Woody Allen in here!) 😆

        • Xena says:

          @Lonnie Starr n

          This capitulation says that the defense no longer believes that a preponderance of evidence can be made to show that the defendant was either in reasonable fear of his life, or was not the armed instigator of any conflict that arose from the confrontation.

          O’Mara hasn’t believed that since he first went over discovery material. He is also deceiving GZ’s supporters to believe that a jury can decide on immunity, when Florida law says otherwise.

          • Lonnie Starr says:

            As you listen to JN granting that some language was unprofessional and perhaps unfortunate, and then rather dismissive of her own self, decides to leave it to MOM to pick which statements to expunge from the record, I got a sense of jocularity on her part, she may not have shown it outwardly but I got the sense that she’d been laughing all night when she saw that motion.

            I mean really? A M2 trial and the defense attorneys are worried about a couple of risky sentences? O’Mara did not seem to catch how rapidly her opinion of him was sinking, if there was much distance left to go down. 😆

          • racerrodig says:

            Does it matter if a ship sinks in 5 miles of water or 10 miles of water?????

            I’m thinking not really. As the kids say, they got “Owned”

          • Lonnie Starr says:

            All GZ has in front of himself now is 40 days of bleaknesses. There’s nothing at all between here and trial to buoy his spirits at all. With the immunity hearing off the table, the CTH wallowing in the mess left by the meltdown of their M-DSPD. The admission that there is no SYG possible has got to be so terribly depressing they’re going to have to eat fast food, twinkies, pop tart and put on hundreds of pounds over the next few weeks. Fogen too seems to be bulking up again. I don’t know what his deal is!

          • PiranhaMom says:

            @Lonnie.

            I’m truly serious – as soon as I saw GZ, I thought he had the mumps.

          • Lonnie Starr says:

            MOM’s struggling mightily trying to pretend they’ve still got something on the table or up their sleeves. Alas, everything has failed and BDLR has forced them to give up a large part of their act over 40 days in advance of trial. MOM is attempting to say no, we didn’t do that, we still have it. But, since these admissions of waiver come after over a year of failure to file… It’s simply not possible to see how an appellate court is going to figure MOM was either blindsided or that the delay was caused by either strategy or Prosecutorial misconduct, or even Judicial error.

            MOM is just blowing smoke into the wind. His case is now beyond hope, if it wasn’t already.

          • racerrodig says:

            Now that you mention it, Fogen did look real suspicious with all that staring and blinking. He was just looking around the court room, and he didn’t look like an athlete training or anything.

            And Moron O had the balls to say his client is justifiably afraid of getting shot ??? He is forced to wear body armor……Okay, Lonnie, is it you who put a pistol to his head and made his do that ???

            He says his client is afraid because he’s being called the most vilified man in America…..So, lets set the record straight, Only that “Token White Friend” aka Mark Osteridiot said that.

            Damn !!! in fact, he wrote a book by that title.

            Note to Moron O” Mara…..Get it freaking right, you aren’t fooling anyone.

          • Lonnie Starr says:

            It wasn’t me, if you’d like to know who it was… It was “The New Black Panther Party”, yep, all three of them… Oops, two, one quit immediately the other two disbanded under a welter of criticism from blacks. While his “I’d gladly die for the Fogen” friend wrote a book titled “The Most Hated Man In America”, a book which by the way, made the Fogen even more hated because the book is filled with easy to detect lies, attempting to pull the Fogens chestnuts out of the fire.

            Well, now The Fogens chestnuts are securely locked into the fire and will soon be burnt to a crisp.
            |||=> Tick Tock! Clink Clank <-|||

          • Chestnuts?……….fogens gonna end up with chinnuts…….

            Know what I mean Vern 🙂

          • fauxmccoy says:

            lonnie says

            I don’t know what his deal is!

            he’s on drudge or sumpen! 😉

          • Lonnie Starr says:

            Bee Bop… Brie Bart Baby!!! 😀

        • racerrodig says:

          Not to mention these dumb shits think they can just stand up and claim Fogen is immune, or thinks he’s immune, during the middle of the trial. or well, you heard what they said.

          Listen to what O’ Mara said to the press. What a dumb ass !! Why would we take a sure thing when we can “…prove our point…” to jury. Then if things look bleak, we’ll claim immunity on what, day 5 of the trial…..

          So if I understand that logic, the jury will begin to see murder 2 “beyond a reasonable doubt” and Fogen has nothing, let alone a “preponderance of evidence” now, and all of the sudden we say, he shouldn’t even be tried ???? Yeah…….I have a real nice bridge for sale.

          Oh, and when O’ Mara said to the Judge when will this “…be tried on it’s merits….” I actually fell off my stool……

          • Lonnie Starr says:

            SNL just sent him an offer!

          • racerrodig says:

            I can picture Dan Ackroyd as O’ Mara, Belushi as Fogen and Brian Doyle Murray as Bernie……..Bill Murray ????

            But Jane Curtain is “The” Honorable Judge Debra Nelson…..

          • fauxmccoy says:

            good casting call! and when o’mara tries to disagree with the judge’s rulings or interpretations, he will flail his arms and say

            jane, you ignorant slut!

          • racerrodig says:

            Yep !! Good form tonight gang !!

            If West was a lady, Roseann Rosannadanna would be the call.

            “Never mind…..”

          • Lonnie Starr says:

            Definitely Bill Murry for Bernie!!! He has just the knack for asking a question… holding that pose with head turned to the side, listening intently for the answer, then answering back with a thunderclap response. The jury would love it.

          • racerrodig says:

            Gene Hackman……BDLR !!

          • Naw…..either of the Roberts…….DiNiro or Duvall for BDLR

          • racerrodig says:

            If you insist on one of the Bobbies I’ll go Duvall, then again Pacino would be a good O’ Mara….if he’d stoop to that level that is.

            Crump……why Jamie Foxx of course.

          • Crump?……Morgan Freeman……speaks eloquently….as opposed to moron and skelitors flapping gums

          • racerrodig says:

            I dunno about Freeman…..a bit old.

          • racerrodig says:

            I take Foxx back……Samuel L. Jackson….Parks……Denzel Washington.

          • Lonnie Starr says:

            Yeah but, not enough irony, Bill Murray, light, intelligent, quick witted, sharp and ironic. I doubt Duval, DeNiro or Hackman could have done Groundhog day at all. This case is Groundhog day personified.

  23. pat deadder says:

    yep Tuesday is going to be a barn burner.I also liked that Mr. Crump said if he has to sit for a deposition he will be file to depose omara about what and when he knew about the money and passport.I will go back and listen again but I’m almost positive that’s what he said.

  24. oh man i cant wait for this hearing tomorrow. i work nights so i will be ever so anxious to get home in the morning to check in here.

    the hearing is going to be on tv? i live in colorado will i be able to view it?

    thanks!!!

  25. Two sides to a story says:

    While you’re waiting for Tuesday, 9 AM EST, you can help save a (likely) innocent man’s life – http://www.capwiz.com/innocenceproject/issues/alert/?alertid=62629516&type=CU

  26. Operacarla says:

    kllypyn-thanks for articulating my feelings so well!

  27. kllypyn says:

    The autopsy report. no bruising or swelling to the fingers or knuckles just a tiny abrasion on his ring finger. the wound track direct front to back.1inch left of midline half inch below the nipple. The holes in his shirts are in the upper chest,near his shoulder.

    They show stearlate tearing which shows the shirts were stretched when the bullet tore into them. Zimmerman was holding onto Trayvon’s shirts when he killed him. Trayvon never touched him. But if he had he would have been within his rights to do so.

    We teach our kids to run or defend themselves. Trayvon ran Zimmerman instead of going back to his truck decided to hunt for him after he disappeared into the darkness. He said “call me and i’ll tell you where i’m at.” Despite his claims to the contrary he was not going back to his truck.

    He said he was able to unholster his weapon aim and fire into Trayvon’s chest,while Trayvon was mounted on him beating him. His gun was on his waist at his right rear hip,he was laying on it.He’s going to have to explain how he got his gun. the only way he could get his gun like he claims is if he knocked Trayvon off stood up pulled his gun and killed trayvon,which would negate his self defense claim.(there is no self defense when you kill an unarmed person anyway,especially a kid.)

    During a confrontation that lasted less than a minute,he said trayvon repeatedly slammed his head into the sidewalk for nearly a minute while at the same time TRAYVON TRIED TO SMOTHER HIM WHILE ALSO PUNCHING HIM IN THE FACE 30-40 TIMES. He is going to have to explain. How would Trayvon have done that? Did he grow an extra set of arms? Was Trayvon super kid? He is going to have to explain why he only had scratches. no facial bruising no busted lips and of course despite his claims no broken nose and no black eyes. You do not escape with just scratches when you are punched in the face like he claims.

    About Those injuries. I have enlarged those photos of scratches on his face. They are consistent with the type of scratches you get from running into tree branches or stumbling into bushes. They are not the injuries you get from someones fist slammimng into your face. Notice whats missing in those pictures. There is no swelling on his nose. It’s amost pristine except for a couple of scratches. Even a closed fracture will have swelling which will not disappear less than an hour later. There is no facial swelling. There is no busted lips. AND NO BLACK EYES. Having injuries is not an indication he was attacked it just shows he was in an altercation.

    Those injuries on the back of his head. One round puncture wound and an inch long cut.THOSE ARE NOT THE INJURIES YOU GET FROM REPEATEDLY BEING SLAMMED INTO A SIDEWALK. HE GOT THOSE FROM A METAL OBJECT. HE DID NOT GET THOSE INJURIES FROM A SIDEWALK.

    Trayvon made no effort to defend himself at all during the confrontation that ended his life. He simply tried to escape. In fact he never touched Zimmerman.If Trayvon could have gotten away he would never have needed to scream at all.

    the evidence which cetain people chose to ignore while making crap up,shows Trayvon being held by his shirts when he was murdered.again you can’t claim self defense when you prevent the escape of the person you kill. the only way trayvon could have done what Zimmerman claims is if he couldn’t fight back.Or he just laid there and let trayvon beat him.Obviously that didn’t happen. Zimmerman was not disabled in anyway. His injuries were less than minor.

    all he had to do was wait and let the police handle it. If he had Trayvon would at this time be looking forward to graduating.Instead he lays in a crypt never to walk the earth again while the man who murdered him tries to tarnish his memory in an effort to get away with killing him.

    THERE IS NEVER A JUSTIFICATION FOR KILLING A TERRIFIED KID WHO HAD NO WEAPONS WHILE HE BEGS FOR HIS LIFE. THERE IS NEVER A JUSTIFICATION FOR KILLING A TERRIFIED KID AFTER HE WAS INTERROGATED AND TERRORIZED. A KID WHO NEVER DID ANY HARM TO ANYONE.

    DURING THE TRIAL THE WHOLE WORLD WILL HEAR HIS CRIES,BECAUSE THE PROSECUTION WILL HAVE THE UNREDACTED AND ENHANCED 911 CALL. TRAYVON’S FRIENDS WILL HEAR HIS SCREAMS. HIS FAMILY WILL HEAR HIS SCREAMS. HIS NEIGHBORS WILL HEAR HIS SCREAMS. THE PRINCIPAL AT HIS SCHOOL WILL HEAR HIS SCREAMS. THE WHOLE WORLD WILL KNOW ZIMMERMAN IS THE SCUM BAG I HAVE COME TO DESPISE. THE WORLD WILL HEAR NOT JUST TRAYVON BUT EVERYTHING THAT WAS SAID DURING THOSE FINAL SECONDS OF TRAYVON’S LIFE.

    I GUARANTEE THERE WILL NOT BE A DRY EYE IN THAT COURTROOM WHEN THOSE SCREAMS ABRUPTLY STOP WITH THAT GUN SHOT. Trayvon was never a thug. He was never a gang memeber he was never a rapist he was never a drug dealer he was just a kid who screwed up a few times like the rest of us. He was a good kid who never hurt anyone. Who did not deserve to be murdered.

    Zimmerman is a violent man who should have went to prison years ago. It was only a matter of time before he killed someone if it hadn’t been trayvon it would have been someone else.

    • Malisha says:

      “It would have been someone else” but it would NOT have been:

      1 – anyone armed or dangerous;
      2 – anyone who was really “up to no good”;
      3 – anyone who had a warning that Fogen was going to try to kill him
      4 – anyone Fogen thought was important enough to get him in trouble for the killing
      5 – anyone Fogen might have thought was really a thug.

      It could have been a wife, girlfriend, or other woman.
      It could have been another kid in the neighborhood.

      Fogen wouldn’t fight anybody he wasn’t SURE he could kill.

    • racerrodig says:

      So you’re saying he lied……that what you’re saying??

      (Sorry….I’m in a “mood” waiting for “Big Tuesday”)

    • colin black says:

      Well done you gone and done an got the paraghrphs broken up I told you it was easy

    • aussie says:

      Hey kllypyn !!

      good on you. That’s great and easy to read. And even where you broke back into capitals, I can hear your orator voice growing louder and deeper, the long pauses, the repeated “x will hear his screams” in short sharp sentences. Wonderful.

    • Mary Davis says:

      @ Kllypin. Nice post. You got it. BTW I think it was kind of Colin to retype your last post for you.

    • groans says:

      I GUARANTEE THERE WILL NOT BE A DRY EYE IN THAT COURTROOM WHEN THOSE SCREAMS ABRUPTLY STOP WITH THAT GUN SHOT.

      Yes, only a sick person could have a dry eye listening to that.

      And that’s the killer. He will have two empty, dry eyes – and that will be very noticeable to the jurors.

  28. Makes no sense to summon 500 people to court and have them fill out juror questionnaires and wait to begin voir dire while the court conducts an immunity hearing.

    • An immunity hearing will take more than one day.

      • Malisha says:

        By the time they swear Fogen IN a day will have passed.

        “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?”

        F: I wanted to say that I’m a decent American and when attacked by a thug all a decent American can do is defend himself, even if he’s Afro-Peruvian by descent and fabulation.

        “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?”

        F: Your Honor, Ms. Corey got it all wrong. She should never have drawn any charges; every one of my friends and relatives have told me that over and over. And a law enforcement officer I used to know. That was there. At the time. Where it was.

        “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?”

        F: But I was shimmying at the time. It was important to get away from that sidewalk so he could smash my head on the grass instead; that’s organic.

        “Do you swear or affirm to tell the truth, the whole truth and nothing but the truth?”

        F: Please don’t keep repeating yourself; my wife’s a mess!

      • Jun says:

        Its been over a year since Omara took the case

        so you would be correct LOL

    • Tzar says:

      Exactly
      this is getting ludicrous
      Unfortunately for O’Mara, Nelson has his number and she will not take the bait; methinks, JKL sat her down and gave her the lowdown on ole woody face horsey teeth, before she took over.

  29. colin black says:

    OOPS the hearing to apply for this immunity hearing will be heard over a day.

    I can save you the day m o m.

    Deneid.

    But you already know that.

  30. colin black says:

    I havent even read the article but I will tell you this M O M is a snakeoil saleman on steroids.
    He is not giveing up foggagges right to seek immunity an is going to demand they set aside a DAY.

    Before the trial to hear it a friggin DAY.
    There were originaly two weeks set for the immunity hearing.
    An now this CLOWN thinks they can have it done an dusted an foggagge told he is a good boy after all.
    An had every right to defend himself against Trayvon with hollow points to the chest.

    A DAY??
    When your drowning you start swimming towards land if poss.
    Not franticly waveing your arms an kicking in no coherent manor or you drown/

    The Defence is drowning an this latest suggestion of an immunity hearing in a DAY can only have originated from fogggagge or m o m is tripping an haveing a bad one.

    A Freaking day .

    If foggagge had a bazzillion trillion google graham days to try an explain how he acted in self defence the night he MURDERED TRAYVON.

    He would never be able to acomplish it as its not true it didnt happen.
    He executed a child screaming for mercy an his mom.

  31. Lonnie Starr says:

    Good to see they’ll have a nice glass of whine to wash down the crow!

  32. aussie says:

    I don’t understand. At all.

    Can you claim immunity from prosecution after being convicted?

    Isn’t that like saying, the conviction doesn’t count, because he shouldn’t have been charged in the first place?

    oh…wait….

    • ay2z says:

      Can you claim immunity from prosecution after being convicted?

      Maybe the judge will hear the jury’s verdict and then take that into consideration before making her immunity decision, which would be in effect, post-verdict but during the same trial.

      There must be some rules governing proceedure, either the immunity must be decided by the judge first, or it must come after a jury decision, or it must be up to the judge’s discretion. Which is it?

      If the immunity from prosecution in a SYG/self-defense claim isn’t too well defined as to how it’s handled before, during, and/or post jury decision or independent of the trial and post trial, then does the defense have a shot at creating it’s own rules, winging it style?

      *Not intending discussion or an answer, I just have to go back and read again for better understanding.

      • boyd says:

        Now I’m beginning to believe Zimmerman will not testify unless he’s found guilty then he goes with the immunity hearing and testify to hopefully win some sympathy.

      • boyd says:

        I take back my Statement the article states

        “but they won’t give up their right to request immunity during the trial”.

        It seems they cannot ask after the trial.

      • racerrodig says:

        He cannot claim Immunity after trial. It is written in the law. He’d be free from even being arrested if this was handled properly.

    • racerrodig says:

      “Can you claim immunity from prosecution after being convicted?”

      Nope…..the law is clear, Immunity MUST be claimed first. AND if he had that claim at all it should have been filed back last May at the latest. Why let your client suffer any undue anxiety ??

      • Malisha says:

        A jury conviction means the jury found the defendant guilty “beyond a reasonable doubt.”

        Regardless of the values you assign to “preponderance” and “beyond a reasonable doubt,” preponderance MUST stay 51% and “beyond a reasonable doubt” MUST be more than 51% because it’s a HIGH HIGH standard, universally recognized to be higher than both preponderance and “clear and convincing.”

        Therefore, AFTER a jury convicts, there is NO DOUBT REMAINING that the defendant could not reach a 51% showing of his innocence. He cannot, by the operation of logic alone, be immune to prosecution AFTER a successful prosecution has convicted him.

        O’Mara’s concocting things that he believes foolish reporters, gullible readers, and unintelligent people can still bet on, in a loser’s game.

      • Two sides to a story says:

        He’s just playing to the paying supporters. He’s gotta keep the gravy train going as long as possible.

        • Lonnie Starr says:

          Turns out that train wasn’t carrying gravy at all, it was carrying bait! Just enough to keep them ranting and raging and pushing GZ closer to the slammer day by day.

          Imagine that, he had 350K to start off with, for that amount of cash, he couldn’t even hire a good, crafty, high powered lawyer, who probably could have gotten something done in his favor by moving really quick before the s– began piling so high that, anyone with a brain knew enough to clear the area before it toppled over.

          Now he’s some 30k in debt, being sued for thousands for security he didn’t need, high living he should not have bothered with, and no money for experts, not that they’d do any good now, he’s already voided anything their work might have discovered.

          I’m willing to bet that, MOM and Fogen having been talking together for so long, MOM has come to understand fully what a terrible loser/liar he’s got for a client and that’s making him feel demoralized.

          I mean, after seeing what GZ is capable of in front of a camera, and reading all the stories about his claims of innocence he told his family, each one had a different version of why GZ was innocent. Now try to imagine how conversations with MOM must have gone. With GZ changing his story and “forgetting” things, even in his own lawyers office. Only to have MOM come back to the issue a day or so later, and get a completely different version again, with GZ swearing each time, that each new version was the truth. Man 0h Man, I do not envy O’Mara. I’m sure he gave up a long time ago, which is why all these crazy motions are being filed.

      • Mary Davis says:

        @ racer. So true. It is plain to see MO is only playing to the racist donate-rs for their support and to keep the money rolling in. OM knows how gullible the nutters are. He is pimping them. Even through the nutters deserve what they get for being haters, OM is still such a sleazeball. He may be a divorce attorney but I’m sure he has done research on this case. He knows the law about immunity. He can appeal to the nutters however he wants to and they will believe him. What a shame.

  33. ay2z says:

    http://www.wesh.com update– says fogen will not give up rights to seek immunity.

    His defense team tells WESH 2 they have no intention of giving up the right to seek immunity.

    They have waived the two week pre-trial period Judge Debra Nelson set aside to consider the issue, but they won’t give up their right to request immunity during the trial.

    Attorneys have asked Nelson to block out the whole day for the hearing.

    The hearing is scheduled to begin at 9 a.m. and will be streamed on WESH.com and the WESH 2 app.

    • ay2z says:

      Has MOM talked to a constitutional legal expert and decided it’s worth the fight to claim immunity without the defendant taking the stand or the 5th?

      Or sumthun?

      We’ve read and discussed this here, but what could this defense team be thinking?”

      What will the argue to allow the client to stay quiet and still succeed with immunity, and how will they separate this differences in standards the jury will be charged with, presumption and preponderance, and will the defense argue the jury should be able to decide both, as if deciding a difference in guilt of a choice of charges?

      What can they be thinking…. will be interesting to see how this plays out tomorrow, given the resources Prof has provided for our understanding.

      Will they bring on a constitutional specialist to their team who will argue for them tomorrow?

      • ay2z says:

        The jury, even if not the judge, might well be ticked off, if they sit through trial and work hard at paying attention, then all their efforts for maught when the judge decides sorry, jury, we just wasted your time, goodbye with our thanks?

        OR, will this be a ‘compromise and give us a trial delay so immunity hearing can be held in the future’, tactic?

        • racerrodig says:

          Take it easy…..the law is clear, an Immunity Hearing MUST be held before a trial. he would be free from prosecution and civil liability and he’s lost both already. Think about it.

          He would be found Immune from prosecution and he’s being prosecuted and at this pointy the evidence is overwhelming against him. The HOA already settled a civil matter, in favor of the Martin / Fulton camp. 0 for 2 so far.

          If O’ Mara and Fogen think he’s Immune at this point, they must think he’s Immune from prison time even when convicted, because that’s how bizarre they are.

      • truthseeker66 says:

        This hearing is going to b akin to Masterpiece Theater. MOM is just stalling the inevitable…

      • PYorck says:

        I think their point is not so much that they really want an immunity hearing at a later stage. Instead they want to drop it quietly without admitting a major virtual defeat.

    • boyd says:

      So if OMara can do this, why has it not been done before?

      With so many capital offenses in Florida, every person charged could claim self-defense and hold out on an immunity hearing till the last minute.

      It seems he wants to monitor how the trial is going, if it’s going poorly, begin an immunity hearing in the middle of the trial?

      I’m not a lawyer, what the hell is this?

    • Jun says:

      Okay that’s cool

      If Omara wants the hearing, he will have to schedule a day before trial to have the hearing because it aint happening at trial

      The question is what day before trial does he want the hearing?

      also, why does Omara want the law changed around just to suit him?

      What about the needs of the victim, Trayvon?

      Its a simple yes or no answer

      Yes, they want to seek the immunity hearing, well then, it will then be scheduled

      No, they do not want to seek the immunity hearing, well then you proceed to trial

  34. boyd says:

    Tomorrow is a big day. I would love to watch it but have to work. I expect the same ole from O’Mara/West and Nelson. She’ll sit there emotionless and listen and then say ‘Denied’, ‘Denied’, ‘Denied’.

    I had teachers like her in College. ‘Go pound sand buddy’ is what she’s really thinking.

  35. ay2z says:

    Updated docket list. Wonder if they will leave the ‘waiver’ issue until end of hearing, let fogen stew and not get a resupply of meds before speaking to the issue. (MOM implied in a news report, ‘if it’s even asked’– maybe he already dealt with the prosecutor’s waiver issue or will, by a filing of some sort)

    04/26/2013 FREE DEMAND FOR SPECIFIC DISCOVERY
    04/26/2013 NOTD NOTICE OF TAKING DEPOSITION
    04/26/2013 NOTD NOTICE OF TAKING DEPOSITION
    04/26/2013 NOTD NOTICE OF TAKING DEPOSITION
    04/26/2013 FREE DEMAND FOR SPECIFIC DISCOVERY
    04/26/2013 FREE ATTORNEY’S OFFICE FOR DISCOVERY VIOLATIONS
    04/26/2013 FREE REPLY TO STATE’S RESPONSE TO DEFENDANT’S MOTION FOR SANCTIONS AGAINST STATE
    04/26/2013 NTCF NOTICE OF FILING
    04/26/2013 MOTN REDACTED MOTION TO ALLOW ADDITIONAL WITNESS DISCLOSURE
    04/26/2013 AMHR AMENDED NOTICE OF HEARING – DATE: 04/30/2013 – TIME: 0900AM
    04/24/2013 MOTN HEARING) UNDER F.S.776.032
    04/24/2013 MOTN WAIVER OF ANY PROCEEDING TO INVOKE IMMUNITY (SELF-DEFENSE/STAND YOUR GROUND
    04/24/2013 MOTN STATE’S MOTION REQUESTING COURT INQUIRY OF DEFENDANT REGARDING DEFENSE COUNSEL’S
    04/18/2013 FREE OPPOSITION TO DEFENDANT’S MOTION TO UNSEAL.
    04/18/2013 FREE DEFENDANT’S RESPONSE TO MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS IN

    • racerrodig says:

      The Honorable Judge Nelson will need a hand held sign that says “DE – NIED” as I believe she’ll end up with a sore throat. That or she’ll send a message to O’ Mara & FogenPhoole with a big bowl of lozengers on the Bench in plain view, hell, she may even offer some to Bernie !!!

      • Malisha says:

        I believe her law clerk is busy right now adding and double-checking the citations to a brief (not an extra word and not a singe adjective) written decision on at least part of the glob of nonsensitralia.

        • racerrodig says:

          I would not argue that in the least. I can say that every “i” will be dotted and every “T” will be crossed, and the word “denied” well practiced…..

          “De – nied”
          “Da – died”
          “Deeee nied”
          “Den – ied” so lets move on.
          “Denied” …..have I made that clear ??

          Along those lines.

      • Trained Observer says:

        Glob of nonsensitralia? ROFLMAO!

      • Jun says:

        I was making jokes earlier that Omara was gonna file 50 million motions

        Now it turns out to be true LOL

    • Although listed as a motion, the 4/24 entry is titled:

      WAIVER OF ANY PROCEEDING TO INVOKE IMMUNITY (SELF-DEFENSE/STAND YOUR GROUND

      Just guessing, but that document appears to be a signed written waiver of the SYG hearing.

      Even if the form appears to have been signed by the defendant, he should appear in court to affirm that he voluntarily signed it and to acknowledge that he knew he was giving up his right to have an immunity hearing when he signed it.

      The waiver also should include a description of the immunity hearing, his right to testify or not to testify at the hearing, his right to present witnesses to testify on his behalf, the effect that a win would have (dismissal of the criminal case and immunity from liability in a civil suit), and the effect that a loss would have (no prejudice to the right to a jury trial).

      The defendant should be placed under oath and Judge Nelson should review the form with him to make certain that he understands what an immunity hearing is and that he is voluntarily giving up his right to have one by signing the form.

      This extra step is necessary to preclude the possibility that new counsel on appeal might argue that the defendant did not sign the waiver (i.e., someone else did) or if he signed it, he did not know what he was signing or if he did, he was forced to sign it.

      • Operacarla says:

        What will the treecreepers going to say tomorrow if fogen waives syg?

        • racerrodig says:

          “What will the treecreepers going to say tomorrow if fogen waives syg?”

          I’m venturing a wild guess that they’ll claim

          “…the state has no case…”
          “..Corey will be fired for over prosecution”
          “..he’ll prove self defense with no problem since Trayvon was a…”
          “…they’ll prove Trayvon was jamming Skittles up Fogen’s nose”
          “…it was an accident, Fogen just forgot that version”
          “…the Devil made him do it….so it wasn’t really his fault”
          “…if they only had those phone records…”
          “…Dee Dee, she doesn’t exist, and…..”

          I’m positive the diehards will think O’ Mara kicked Bernie’s ass like they always do, but in the long run……..it sucks to be Fogen about now.

      • groans says:

        Professor, that line is part of a multi-line document title, which you have to read from bottom to top. So it’s actually part of the title of the prosecution’s 4/24 motion.

        (Kind of a crappy docket web site….)

      • Jun says:

        I am not a lawyer but it seems like common sense that if you had such a strong case

        You’d ask for the immunity hearing and get it over and done with, long ago, and it would be over and done with

        But hey, it’s Obama’s fault, right? LOL

    • Jun says:

      Holy Fuck

      I honestly believe that the jury will get sick of Omara because he keeps diverting and going off onto irrelevant issues

      From my experience, people like things to the point

      Omara defines beating around the bush as his defense strategy

      That’s not gonna go well with a jury

      • racerrodig says:

        Oh My…I can’t believe your language !! Using the term “..beating around the bush…” regarding Moron O’ Mara !! I never do that LOL think, but in this case I’ll say A hahahahahahahaha (fuck ’em)

      • Jun says:

        LMAO

        its worse than bush beating

        a simple yes or no answer will suffice

        but instead

        Omara makes 3 zillion motions

        none of which answers the question yes or no

        or else he just makes blind accusations and conspiracy theories backed up by no evidence or support

        You notice that every other lawyer, their motions and replies are all listed, numerically or in point form, explaining the reasons for their basis of issues?

        LOL Has not Omara learned, even by other lawyers repeatedly telling him, that with Nelson, you better have a good reason for everything you do and you better be to the point and not beat around the bush, because she works under a NY minute?

    • colin black says:

      I expect the State an the Defence will have come to agreements on just under a third of those motions listed on the docket .
      Before court even begins…
      But one way or another Im expecting fire works.

  36. Trained Observer says:

    For tomorrow’s hearing, I anticipate Judge Nelson to be the quintessential professional, above all, while demonstrating a patina of pleasantry underpinned with rock solid disdain for any nonsense.

    Ideally, she’ll handle these motions with a dispatch so coldly efficient that Fogen, possibly even MOM, will barely know what’s happening.

  37. colin black says:

    WALKED BACK TOWARDS HIM

    Thats a guilty verdict right theres an admission of guilt

    • Rachael says:

      You mean like in the same direction?

      June 10 is not going to get here soon enough

    • racerrodig says:

      I can smell the burnt toast from here…….crispy.

      • Gonna get the Dremel tool and cut fogens image into a steel plate…..heat it in the firepit….and start slapping bread on it to sell on ebay……..”Toasted fogen Toast”

        Maybe even “Toasted fogen Pop Tarts” 🙂

      • Malisha says:

        And because he twists himself into the shape of a pretzel to try to make his story work: FogenPretzels

        And because he’s full of hot air: FogenPuffs

      • LOL @ I can smell the burnt toast from here…….crispy.

      • Operacarla says:

        He is in a stew…fogen morsels?

        • racerrodig says:

          I’m thinking along the lines of this comparison. Take some Tomato Paste, Water, Garlic, Italian Seasoning, Onion, Oregano, Olive Oil, Sugar all in the right proportions, simmer, add, say….about 18 small meatballs and walk away for about a month.

          Call it “Fogen Stew” then throw that shit in a prison cell for about 35 years or so. Serve with a Wife who’s a Mess.

          Frank “The Racist Tank” rolls are optional as are Mark Ostermoron dessert bites. Moron O’ Mara appetizers will be rank, so needless to say, we’ll pass on them.

      • Two sides to a story says:

        LOLOLOLOLOL. Fogen Puffs. Those paying supporters are cuckoo for Fogen Puffs.

      • ladystclaire says:

        @racer, Fogen stew, LMAO and I take it that it would be sort of like eating stew made from horse meat like people use to eat during the frontier days. YUCK!

    • ay2z says:

      colin, wasn’t t here a text msg or email quote from fogen in discovery, that might suggest fogen is claiming that an investigator led him or tried to?

      Can he claim he was led into saying something but meant something different, or claim mis-handling by a woman detective if it was Doris Singleton?

      • colin black says:

        There was a message alleged from foggage cant remember in what for to be honest
        e mail
        text or even a written an addnum

        But it wasnt stateing he was led he mentioned an ex narrcotics LE.
        It states the opposite he states he was in no way coached or led by anyone let alone this le narcitics person.

        However when confronted by this statement Im sure M O M will inffer that what his client meant was.

        Headed towards him in as its the third or 4th time he has recounted the event,
        An he already knows Trayvon is down there lurking behind a bush or a wall of darkness waiting to ambush him.

        So when he said to Singleton I put my phone in my pocket and headed towards s him .
        He is speaking in retrospect as he knew what was about to unfold.

        Wich is bs as foggagge just had another verbal slip up he often slips out the truth an corrects himself..

        If he realises like the an I placed my hand over his mo I mean he placed his hands over my mouth.

        But that time he didnt even realise he had slipped out a trueism.
        An for what ever reason Det Singleton never pulled him up on it.
        Either becuase they were in a non confrontatinal god cop even better cop mode.

        An she didnt challenge him on it to even give him the chance to come up with some feeble excuse.

        Like when I said I headed towards him I meant my truck I always give my veck ic kills names an I call my riggeline mrzigzag so when I said him I meant my truck.
        .

    • manberk says:

      Thats great. I think I missed that. This isnt the only time he suggests he walks towards TM. He does the same thing at the same time in the reenactment. He turns and walks towards TM. Quite a thing to do for someone SOOO frightened by the shadowy kid….. I mean burglar.

  38. Ty Flair says:

    O’mare is throwing every dam thing he can think of at the wall hoping something stick. O’mare and fogen the clock is not your friend tick tock,your time is running out.

  39. I am sure of one thing: GZ admits he killed Trayvon Martin. It would seem to me that the defense would spend its time and resources mounting a defense to prove that it was absolutely necessary for GZ to do so to protect his life. The Martin’s settlement with the HOA, imo, does not change the fact that GZ killed their son. Where DD was during the wake and funeral for Trayvon or her age, does not change the fact that GZ killed Trayvon. IMO, the only thing that matters is the validity of GZ’s claim that it was necessary for him to kill Trayvon to save himself. It is doubtful that such a claim can or will be supported by anything GZ says or any evidence that may be presented.

    It seems to me that if GZ is justified in murdering Trayvon Martin he would be eager to get to trial so that he can prove he was justified in his actions. In so doing he can return to his life and live happily ever after.

    Someone, anyone, please help me to understand why a man who is justified in his killing of an innocent person finds it necessary to engage in the behavior of the Zimmerman defense team.

    Thank you.

    • ay2z says:

      What strikes me as an question that must be answered by this killer, is why he felt he was ‘out of time’ and still did nothing to warn his attacker off, direct him to back off and hands up when the gun was ‘on him’ and when he knew police were on scene (killer did say to someone he knew they were on the scene, coupled with the ‘out of time’ idea).

      Oh yeah, he was holding Trayvon down with his dominant left hand so that he could position his gun under the tribute button, to get his kill shot.

      Out of time– out of time to kill before police he called would find them.

      • colin black says:

        But he has answered that question on the Hannity interveiw I think.
        He said he was terrified the police would arrive an shoot him.

        Think about it thats an admission of guilt he knew he was illgally detaining an threating a child with a gun…

        The LE arriveing were not going to be the freindly one s he callled but neighbours would be calling due to this kid screaming.

        Police arriveing wouls see him threating a screaming child with a gun a could well have shot him.

        So he waas running out of time he had to shut this kid up be fore L E arrived

        So in 60 seconds he had gone from what you doing round here to aa child screaming an begging for his life.
        The quickest way to deescelate it in his sick mind was to shoot the Child an drop the gun pronto.

      • ay2z says:

        Colin, whichever way, worked for him that he silenced his witness so he could claim his storylinle of being the victim of a bad proviled f’n punk on drugs or sumpthun’ wrong with him.

        He had to do what the police would not do, kill this child.

      • ay2z says:

        And that would protect his wife, and now as we have learned, his ‘sis’ from these kids who cut through the neighborhood, because they would soon learn not to do that or be shot by the NW captain.

        BTW– the other names on the settlement agreement, could that include ‘Neighborhood Watch’ as an entity itself? And those who trained and guided this particular NW captain and block-captains (that never were listed), like SPD and Billy Lee?

      • aussie says:

        Neighbourhood Watch the official organisation was not involved. Someone from them went there for one session of advice. The RATL outfit (ie GZ) was not registered with the official organisation. Therefore could claim to be not bound by their rules.

      • PiranhaMom says:

        @ ay2z,

        Re: “Oh yeah, he was holding Trayvon down with his dominant left hand so that he could position his gun under the tribute button, to get his kill shot.

        Out of time– out of time to kill before police he called would find them.”

        That’s it, ay2z. That’s it, in a nut shell.

        • cielo62 says:

          P-Mom~ I listened to that snippet again. I think what he meant, and was probably understood by many, is that he was running out of time before HE died/was killed by Black Dynamite Slim. If you hear it, he’s explaining how he was held down and a hand was reaching towards his gun. Taken in common vernacular, he was implying that he was running out of time to make a move to save himself. of course, I don’t buy it, but I don’t see anything more sinister than that in that statement.

        • cielo62 says:

          P-Mom~ I listened to that snippet again. I think what he meant, and was probably understood by many, is that he was running out of time before HE died/was killed by Black Dynamite Slim. If you hear it, he’s explaining how he was held down and a hand was reaching towards his gun. Taken in common vernacular, he was implying that he was running out of time to make a move to save himself. of course, I don’t buy it, but I don’t see anything more sinister than that

    • ay2z says:

      Why the defense team behaves like this? Could it be that the defendant, as he was not talking to Sonner and Urig, was searching out a lawyer who had sympathies for the gun lobby and could drive his defense money-wagon to victory with their support?

      And a divorce lawyer with criminal experience of 30 years, bought into this for the wrong reasons too?

      Out classed.
      Out of money.
      Out of time.

      Like client, like counsellor?

      • Do 3 outs make a strike?

      • Malisha says:

        Divorce lawyers file papers full of empty rhetoric. And unfortunately half or more the time they WIN with that crap because of the low quality of judges and the inferential illiteracy of the courts.

        BDLR is holding O’Mara’s feet to the fire, though. New game.

        O’Mara is not ready for this kind of prime time.

      • Trained Observer says:

        “O’Mara is not ready for this kind of prime time” — Malisha

        If that hasn’t occurred to him by now, he’ll find out tomorrow.
        🙂 🙂 🙂

      • fauxmccoy says:

        reminds me of my go-to song to play REAL LOUD whenever some roommate or boyfriend had pissed me off

      • groans says:

        Golly, fauxmccoy, you’re angry music is so admirably gentle!

        Could I suggest a different Stones song that might be playing in BDLR’s and the judge’s minds tomorrow?

        • fauxmccoy says:

          groans says

          Golly, fauxmccoy, you’re angry music is so admirably gentle!

          that was just my starting point, groans, it got worse from there 🙂

    • Two sides to a story says:

      Excellent point. The defense team would have had an immunity hearing long ago and would not be engaging in this behavior if their client were innocent. Of course, they yowl and howl about media railroading . . .

    • Rachael says:

      Sorry, can’t help you because I feel the same way and have the same questions.

    • Trained Observer says:

      Why? After the first six -to- a- baker’s dozen versions of Fogen ‘s story didn’t pan it, Team Fogen realized that they better crank up on the diversion and obfuscation to buy their doomed killer some time to rake in a mini-fortune. Money stream dried up, while living expenses including feeding the hogs remained high.

      Sometimes things just don’t work out as planned. And to think Fogen thought knocking off a balaack kid would blow over once he finessed cops like Singleton with his own special “my wife’s a mess” kind of charm.

      • racerrodig says:

        Yep….well said. remember he only said about 4 things we can’t argue.

        1) “…….then I got out of my truck”
        2) “…..shit…..he’s running”
        3) “…then I aimed….and fired one shot”
        4) “…my wifes a mess”

        What was she like AFTER the murder ??

      • Trained Observer says:

        Racer — AFTER the murder? Well, we know this Mess got a lawyer, and if she’s got half a brain (we could no doubt debate that point), the Mess has turned. Ideallym BDLR now has a pile of evidence (or at least back-up material) on his plate, courtesy of the Mrs. Mess.

        • racerrodig says:

          Oh come on now….ya gotta admit, that’s a great joke……”..after the murder…” what was she before…….a rich bikini model, nymphomaniac that owned a bar…….and a fishingboat ?? as that joke goes…..

      • Trained Observer says:

        Oh, absolutely, … was snickering over the AFTER humor.

        Then got carried away contemplating if she’d had enough sense to flip. If Mrs. Mess shows up tomorrow holding his hand (ha!) that would be a clear indicator that … well, she’s still just a plain old fat mess. And a dumb one at that.

    • Trained Observer says:

      Why? After the first six -to- a- baker’s dozen versions of Fogen ‘s story didn’t pan it, Team Fogen realized that they better crank up on the diversion and obfuscation to buy their doomed killer some time to rake in a mini-fortune. Money stream dried up, while living expenses including feeding the hogs remained high.

      Sometimes things just don’t work out as planned. And to think Fogen thought knocking off a balaack kid would blow over once he finessed cops like Singleton with his own special “my wife’s a mess” kind of charm.

      • ladystclaire says:

        For the life of me, I still don’t get that part about him telling this detective that, “my wife’s a mess” what the heck was that all about? hurry up and get here, June tenth!

    • Malisha says:

      Someone, anyone, please help me to understand why a man who is justified in his killing of an innocent person finds it necessary to engage in the behavior of the Zimmerman defense team.

      A man who is justified in his killing of an innocent person has a SYG hearing and gets off.

      A man who justifies his OWN decision to kill an innocent person he WANTS TO KILL — and for killing he wants to GET OFF SCOTT FREE — must engage in the behavior of the Fogen Defense Team. Or really, it doesn’t HAVE to engage in that behavior. Again, it’s a matter of choice. BAD CHOICE.

    • Jun says:

      1) Robbie The Racist is the spokesperson for the Fogens

      2) Joe Oliver is the black spokesperson for the Fogens

      3) Mark Osterman is the token white guy of the Fogens and has an army of 3245 black people to march for Fogen

      4) It turns out that Fogen was white on all his govt identifications and even claimed that to police. He then became Peruvian and now Afro Peruvian. Fogen just found a photo and it turns out he is now 100% Native American. Actually no, he is Chinese and is now seeking reparations for working the railroads. Actually he is being railroaded.

      5) He gained 500 pounds.

      6) He mentors black kids only.

      7) He “plays doctor” with his cousin for a decade

      8) When he attacked police, he was once again acting in self defense and the cops never identified themselves

      9) Fogen and Omara are not about money but please give them 1 million dollars and NBC please settle out of court instead of taking us to court

  40. ay2z says:

    Prof and Crane, excellent article once again, sums everything up in preparation for tomorrow. ( ‘up to his neck in irony’… but for one consonant-sometimes-vowel… the image, the powerful gut-wrenching image, lightened by the thought of whose neck it will be on).

    I have to wonder after witnessing the article writing process, certain grey family members will have a broadened vocab as one orders the other around the room uttering MOM’s whines.

    Wiil said grey do his Snowball impersonation from the top of the softest easy chair with original rap added to his moves?

  41. Xena says:

    Bernie doing his job.

    • Rachael says:

      Excellent!!!!

      In that still where it said Bernie is always a step ahead of the defense, the look on MOM’s face is something else.

      More autographs. LOL

      • Xena says:

        @Rachael. I was actually looking for a video of Bernie walking when I found that photo. The expression on O’Mara’s face speaks volumes.

    • Go, Xena! Go!

      I love it!

      • Xena says:

        @SG2. Bernie earned some kudos. Can’t wait until tomorrow’s hearing so I can see him in action.

      • Cercando Luce says:

        ***Xena*B*Goode***

        • Xena says:

          @Cercando Luce.

          ***Xena*B*Goode***

          Reading that, I immediately thought of Chuck Berry and the song “Johnny Be Good.” Now I have to see if I can fit that song in with a video. 🙂

      • Cercando Luce says:

        @Xena
        …just completing the line started by SG2–
        great little vid!

        • Xena says:

          @Cercando Luce.

          @Xena …just completing the line started by SG2– great little vid!

          Thank you. I have about an hour more of video of Bernie doing his job. But, I have to get some rest now. Maybe after tomorrow’s hearing I’ll put another video together. Am really enjoying my new toy. 🙂

    • ay2z says:

      APPLAUSE!!!

    • ay2z says:

      One year and one week ago, Bernie vs fogen with body language expert on Vinnie P.

      Will fogen be practiced and rehearsed enough, and have on his newest ‘lucky’ shiny fake-silk tie, to pull off a convincing remake of his body language cues?

      • Xena says:

        @ay2z. The question is, will O’Mara put GZ on the witness stand? I think not.

      • ay2z says:

        More body language, red flags, the ‘contemptuous superiority, getting away with something smirk’, ability to distance himself, direct contradictions from practicing, no real feeling, of the fogen if he takes the stand tomorrow.

        Combined with the anger with Bernie last year, could be interesting.

      • ay2z says:

        Xena, report from the weekend, said MOM said his client ‘will be willing to answer any questions the prosecution has’.

        and cfnews13 has this repeated in today’s article title
        ‘George Zimmerman ‘ready to be questioned’ at hearing Tuesday’

        http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/4/29/george_zimmerman_wil.html

        • Xena says:

          @ay2z. Yeah — at the motion hearing, limited to his knowledge of understanding he is waiving his rights to an immunity hearing.

          Hope GZ shows up. O’Mara also belly ached about security.

          • How can fogen NOT show up being as he’s been ordered to by the judge?…….I would think that if he didn’t show, it would be a violation of his bail….again that’s an “I Think”

      • Rachael says:

        There is still that same verbal language that bothers the heck out of me. “I wanted to say I am sorry…”

        Wanted to? What does that mean? I wanted to, but I didn’t? I wanted to, but I won’t? I wanted to but I can’t? I wanted to but I’m not going to?

        [I wanted to say] I am sorry…
        v.
        I AM sorry.

        There is something that is so greatly disturbing to me about I wanted to instead of just the straight on I am.

        Is this just me or does anyone else understand what I mean? I’m kind of a stickler for words, so this might be just me, but to me, this makes ANY sincerity go right out the window.

        • racerrodig says:

          I wanted to say I’m a millionaire……is that good enough, or do I need to actually have a million or more dollars.

          “I wanted to say I’m sorry for the loss of their child but since I’m a lying racist murderer, that ain’t happening”

          Any takers that’s what he wanted to say…

      • ay2z says:

        Xena, what hasn’t O’M bellyached about!!?!

        Rachel, interesting changes of tense, this guy thinks he’s a slicker than a brill-creme-do in handling his words and phrases.

        • racerrodig says:

          We should all feel proud that in a round about way, O’ Mara blamed everyone on Team Trayvon for this……

          Hey, any ink is good ink I always say……well, except for what
          O’ Mara says….and Robbie the Racist, Mark Osteriddiot, Joe “Rent a Friend” Oliver, Frank “the Racist Tank Taaffe” Papa Z, Mumsie Z and SheLie…..

      • ay2z says:

        ‘Wanted to say’, whatever he means, his meaning includes first and foremost that he does not ‘want’ to currently say he is sorry to the parents of his victim.

        (ie: lawyer said to say he is sorry when they met in lawyer’s office, but now on the stand, he puts that ‘want’ in the past, doesn’t mean it now from the stand)

      • Malisha says:

        “really an angry person” — what other kind of person works himself up into a murderous rage because someone he doesn’t know is walking in the rain in a way he doesn’t personally understand?

      • manberk says:

        Another thing about the non apology, and Ive mention this in other discussions around…note the distinction he makes regarding Trayvons age. I thought he was closer to my age. I take that to mean, I know it was wrong to follow and engage a 17 year old. JMO. It has meaning, whatever it is, considering he called him a kid that nite.

      • Malisha says:

        “I wanted to say I am sorry” NOT for killing Trayvon Martin, but sorry that his parents had to bury him.

        “I wanted to say I am sorry” meant his lawyer told him that if he DIDN’T say that his chances of getting off were dropping to zero, all the way from [zero plus some infinitessimal amount] [whatever fairy-tale O’Mara was selling at the time] [etc.].

        “I wanted to say I am sorry” was a way of crossing his fingers behind his back (but he couldn’t because of the cuffs) since what he really meant was:

        “I sure am sorry they are not letting me get away with killing your kid.”

        • manberk says:

          Bernies cross seems to indicate knows the guy showed NO remorse. And he certainly never stated that he was sorry in any of the interviews I can recall. He seemed to rather enjoy the whole thing,

      • Jun says:

        I believe Bernie will be cool as ice while Fogen would lose his temper on the stand

        Bernie questioned him about the “alleged apology” and you can see Fogen getting angry and then Omara pulled him off the stand

        At trial if he tries that, all of Fogen’s statements are struck off the record to be weighed, due to the rules of hearsay

      • Operacarla says:

        Thanks. I had never seen that. Revealing to say the least. Hoodies up!

      • groans says:

        In addition to the past-tense of his non-apology, what stood out to me was contractions.

        His direct exam was totally memorized and rehearsed – he was reciting rather than speaking – and he didn’t use any contractions, like you do when talking. Instead, it was very robotic:

        “I am sorry … uh … for the loss…..”
        “I did not know X.”
        “I did not know Y.”

        On cross-exam – when he had to speak spontaneously (because he couldn’t rehearse a word-for-word script) – the contractions came back.

        “I don’t remember exactly” what I said.
        “I don’t know that they were detectives or not.” [Weird response to the question, too.]
        “I didn’t know if they were going to convey” it.

      • Two sides to a story says:

        It means he really doesn’t want to say it but thinks it might help so he wants to do it, just in case.

    • Malisha says:

      FAH * BYOU * LUSS! (Bad to the Bone!) :mrgreen:

    • groans says:

      OMG, Xena!! That is one EXCELLENT video!!! I love the music, content selection, presentation … everything!

      BDLR must be cracking up – along with his entire office!

      And the killer probably wet his pants!

      [ [ [ [ [ Standing Ovation ] ] ] ] ]

    • Two sides to a story says:

      Perfect background music!

    • type1juve says:

      @Xena
      Excellent video, very motivating and just in time for tomorrow.

    • PiranhaMom says:

      @Xena,

      Magnificent! No histrionics. “Just the facts, ma’am.” An experienced, intelligent, determined, whip-smart, street-smart professional doing his thing. Great searching for the accolades and just the right clips.

      Then whap! Right between the eyes, right to our hearts – unexpectedly, that new photo of “our” dear Trayvon.

      Brought me to tears.

      May we always have the privilege of being part of his family …

      Thank you, Xena.

      • Xena says:

        @PiranhaMom.

        May we always have the privilege of being part of his family …

        Thank you, and yes, we are his family. My heart is directed to Sybrina, Tracy, Benjamin Crump and BDLR. Exhorting and sending them positive energy.

        Justice for Trayvon!

    • groans says:

      Hey, Team Trayvon tweeters – do your thing! This video needs to be spread far and wide!

      And Xena, consider adding a bunch of tags to draw attention to it. (Maybe look at other videos for tag ideas?)

      Let’s get this video VIRAL!

      • Xena says:

        @groans.

        Hey, Team Trayvon tweeters – do your thing! This video needs to be spread far and wide!

        Thank you groans. I appreciate those who tweet and post to their Facebook page. I don’t have accounts with either. Thanks for the suggestions on the tags, too.

      • groans says:

        And their blog pages….

  42. ay2z says:

    Finally, fogen is going to have the chance to perform again for Judge Ne….. correction, for the Judge in his case.

    He will be practicing, polishing, more practicing, full dress rehearsal-ing, mirror checking, hair style tweeking, believing from his past accomplishments with his family, friends, cousins, mentoring subjects, colleagues, cop buddies, cop chiefs named Billy,he can sweet talk his way into, through, up and over and around anything.

  43. Defendant’s Response to Mr. Crump’s Memo of Law in Zimmerman Case

    http://ow.ly/kwD27

    • Xena says:

      So, now O’Mara wants the jury in GZ’s case to decide whether Tracy identifying that Trayvon was the person screaming for help had anything to do with the financial settlement with the HOA.

      Jesus take the steering wheel!!! It’s a murder trial and GZ is defendant — not a civil case and the HOA is defendant.

      • @Xena

        Jesus take the steering wheel!!!

        This is maddening. O’Mara is a fool.

        • Xena says:

          @SG2.

          This is maddening. O’Mara is a fool.

          Yep. At GZ’s murder trial, O’Mara wants to litigate a civil case against the HOA to see what motivated them to enter into a settlement out of court with Sybrina and Tracy. O’Mara and the Zidiots have this in common — they keep forgetting who is on trial.

          • No different than airyass…………Travis was the bad guy…

            How can one claim multiple stab wounds to the back are self defense moves?….OH…and cutting his throat to the spine?
            “I wanted to make sure he couldn’t attack me again, and then I shot him in the head…just to be on the safe side”

            I DO NOT want to see Trayvon be defamed in such a way at trial

          • Xena says:

            @MMPat.

            How can one claim multiple stab wounds to the back are self defense moves?….OH…and cutting his throat to the spine?

            I watched trial the day when Martinez asked Jodi how Travis was a threat to her when his back was turned to her? She started the crocodile tears — claims she doesn’t remember stabbing him. It must have been the Black Ninja guy from her second story.

            I DO NOT want to see Trayvon be defamed in such a way at trial

            The attorney for FDLE already said in court that there is nothing in Trayvon’s school records that’s admissible at trial. Trayvon had no criminal record. O’Mara can’t afford to attempt a smear campaign on Trayvon because that will open opportunity for the State to present GZ’s past — his arrests, and maybe those 48 other 911 calls, not to mention his inability or unwillingness to pay his debts.

            Oh — and let’s not forget his potted palm routine in court and hidden passport.

      • Two sides to a story says:

        Xena, I almost spit my tea again. 😀

      • FactsFirst says:

        O’Mara aint fooling me, all he trying to do is figure out what witness 11(the HOA board member) role was in the settlement agreement, so he can somehow twist it.. (she’s the one who said fogen was so badly beaten that night (2/26/2012) he had like 3 broken noses and she couldn’t even recognize him. She also said fogen had been nominated a leadership position within the neighborhood watch program, and she likes the word “BREAK INS” too)Tracy statements about identifying the scream is a smoke screen.. IMO..

      • Two sides to a story says:

        Xena, you can say “Jesus take the steering wheel” any time you want – it’s funny!

    • so I counted 7 direct references in this motion accusing Tracy changing his testimony or ” flip flop” CALLING Tray’s own father a LIAR! not just a liar, a opportunistic, money grubbing, taking financial advantage of the MURDER of his son! saying that the lawsuit is some sort of financial GAIN!!!!!!???? INSTEAD of Trayvon??????????????????/!!!!!!!!! Please, go tell that to the sandy hook parents!!!!!!!!! a GAIN????
      7 times! as if Tracy’s identification is the only evidence of contradiction to gz’s stupid self-serving lies.

      what about when gz answered on the feb 29th to serino’s comment “that’s you” and gz said “NO”! and then serino again replied “that’s you screaming for help, Gz says “that doesn’t even sound like me “.
      They got that whole bullshit line from the cops at the scene who wrote in the weird reports that gz said he asked for help.. so odd how that story was so repeated.. and how some saw injury to gz’s nose and some didn’t…

      and what about which part of the screaming tape did serino actually play for Tracy? how loud and how noisy was it in the area?
      Yet to me and I’ve seen others mention here their first instinct to being confronted with something like the death of a beloved would we say NOOOOOOOOO!!
      that’s our initial defense, denial! no.

      my best friend’s sister called me to see if I knew she was gone/dead. the last thing I remember is saying something like “ok which hospital, i’m on my way” ( she was in Ohio and I was in Florida )
      a few days later she told me all I did was say “no”. all i remember is picking up the phone, her saying something and my own voice or mind talking about going to the hospital..I personally don’t remember exactly what she said after the first sentence or anything else that whole day.

      • Malisha says:

        I had the same experience a different (embarrassing) way, Shannon. I was flying out west to be with a friend who was sick and I had an unplanned hold-over in Salt Lake City. I called to say I’d be arriving later than planned and they told me she had died. All I REMEMBER saying was repeating my “excuse” for being late and trying to fit it into the time schedule but they said I was screaming NO NO NO and I even said “SHE’S GOING TO HATE ME!” and an employee of the airline came over, put me in a wheel chair and whisked me away to some first aid room! I had a hard time believing I actually said what they all insisted I did say and they had no reason to lie!

        • thank you for mentioning that it’s happened to you! it’s happened 2x to me relating to a death. the 1st time I ended up in hospital when I was like 25 years old, many years after my mom died. it was because my aunt sent me a package of pics and a letter I had no idea existed my mom had written to me 1 year before she was killed.
          I know me, and I had told my aunt for years not to send pics or whatever the stuff she had until I told her I was ready to see them… even to this day I cannot remember what the letter says and I wont read it again, until I’m READY!!

          but yeah!! that’s so strange to actually lose memory!! and it really shows our body protecting our psyche. ( unfortunately it doesn’t make the news go away for real!)
          and this is one of the things I tend to think most likely happened to Tracy.
          I don’t believe he remembers WTF he heard, much less what he said! and if they were to say that’s really what happened I don’t think many people would believe it.. at least not the people who’ve never had it happen to them.. so they’re saying he heard a “cleaned UP” version later. either way it’s still a weak ass attempt to portray him as a liar. any normal person will consider their own reaction to those kinds of horrific events and never believe the cockamamie BS omar is trying to say about him! it’s just a NON issue!

    • Jun says:

      I read the motion and even Omara cites how the courts agree with Crump in stating that the settlement can be confidential, so I do not know what his bone to pick was

      As for the Tracy Martin issue, Omara seems to kindly leave out Fogen’s statements about it not sounding like him, and the fact that witness 6 has repeatedly changed his testimony, yet Omara cites him repeatedly in all his motions

      There is no actual physical evidence that Tracy made such a statement and my guess is Omara is misconstruing it for his personal gains

      And does Omara really want to go there? He’s opening up a can of worms with these accusations, because, evidence wise and fact wise, Omara and Fogen are the only parties that can and will be proven to be the ones with bias and are the ones with financial interest (begging for blood money, making false representations to get blood money, suing NBC for money while telling lies to try and get it, structuring and hiding of money and passports, screwing people out of payment, making up lies to try and get money from the state)

      Lastly, there’s numerous witnesses who testify that it was a kid screaming and Trayvon was the only kid in that situation

      The rest of the witnesses except for witness 6 and 11, all state that someone was screaming for help and that it was ended with a gun shot

      There’ more evidence than that but if Omara wants to go there, which he has, he is in for a rude awakening at trial or an SYG hearing

      Either Omara does not give a crap anymore and is gonna go all out or he is trying to cause delays by trolling for an angry reaction

      Nothing to get mad about though LOL

    • Nellie Nell says:

      MOM has to be one of the most ignorant and vile attorneys breathing. For his to think that the parents of their murdered kid would lie for personal gain is outright ridiculous! Furthermore, even if they could not say for certain that that was their kid screaming for help would not save George from a murder conviction. The murderer has done a good job of proving that he is a cold and calculated killer! And then there is forensics, I guess MOM have never heard of forensics?

      • Lonnie Starr says:

        In Divorce court “forensics” are dealt with by waving the hands in the air while making counter accusations and whatever other likely falsehoods one is able to dream up. I sincerely doubt MOM has any idea that things could be different in criminal court.

  44. Malisha says:

    Why don’t people like O’Mara get embarrassed?

    Look at this:

    1. He wants the state’s downloads from any phone or phone number connected to George Zimmerman or his wife Shellie, etc. from the State of Florida — jeez, that’s not smart. HE KNOWS Fogen and Fogenette; let him get the downloads from THEM!

    2. He wants sanctions against State Attorney’s Office — uh, so, by the same token shouldn’t we see a few sanctions against HIS office?

    3. Ditto #2.

    4. He wants the court to unseal information listed as confidential — why? Will that help him prove his client didn’t kill Trayvon Martin?

    5. Ditto #4.

    6. He wants data from any phone or phone number connected to Trayvon Martin from the State of Florida — huh? He thinks Trayvon Martin called Fogen and asked him to come out that evening so they could rumble?

    7. He wants all cleaned up, edited and/or enhanced version(s) of any and all recorded 911 calls listened to by Tracy Martin from the State of Florida — so the state can do his homework for him? If he wants to know what Tracy Martin heard, he should have asked him that question at the deposition.

    8. Defendant’s motion to allow additional witness disclosure. Fat chance, Skeletor.

    Why DON’T these folks ever get embarrassed? How can he fix his mouth to say these embarrassing things?

    That’s all I have, Your Honor.

  45. Tzar says:

    The title alone would have sufficed as an article and doubled as a poetic/symbolic gesture.

  46. Trained Observer says:

    Professor — Thanks for the curtain raiser sorting out MOM’s drivel. Have cleared calendar for Tuesday morning’s proceedings, and hope you’ll be running explanatory sidebars during theirs.

  47. Manberk says:

    The first thing I noticed was that like other motions he’s filed, theres lots of accusations but no specific examples of them to support the claims. What were the lies and false accusations? He didnt list one I dont think. I assume by design. Nelson wont accept that.

    The rest has been going on since the first hearings. And Nelson has already told him how to get and/or request that information (such as telephone information). Again, theres no mention of what they are looking for, they just want anything that will support their conspiracies but dont know or cant identify exactly what they think is there. It seems like all they have ARE the conspiracies. Good luck with that!

    • FactsFirst says:

      THIS~~~> “but no specific examples of them to support the claims”

      YAASSS! and it’s annoying…

      • Xena says:

        @FactsFirst.

        THIS~~~> “but no specific examples of them to support the claims”

        YAASSS! and it’s annoying…

        It’s because O’Mara is a divorce attorney accustomed to writing petitions for dissolution of marriage and not formal, professional, motions. He seems to think that motions are answered like complaints and then the matter goes to trial or settlement rather than a motion hearing.

    • SearchingMind says:

      Well said, Manberk. To add to that, O’Mara’s “request to strike” is not contained in a ‘Motion to strike’ (but rather in a response to a response). Given the absence of a Motion to strike, my first argument will be that O’Mara’s “request” is seriously lacking on the face of it and must be tossed out without further considering its merits (if any at all). Furthermore, neither the Florida Rules of Criminal Procedure nor case law provide any authority for the kind of remedy O’Mara is seeking. The cases cited by O’Mara all deal with the Florida Rules of Professional Conduct and cannot be relied upon in a criminal case and for the sort of remedy O’Mara is seeking. Ironically, one of those cases (Florida Bar v. Uhrig, 666 So. 2d 887 (Florida 1996)) deals with sanctions against Hal Uhrig (!!!) – a GZ attorney emeritus. Its delightful to read that Hal has been an angry, bad boy.

      • Malisha says:

        SearchingMind, I LOVE IT that the case against Uhrig is:

        Florida Bar v. Uhrig, 666 So. 2d 887 (Florida 1996)

        MARK OF THE BEAST!! 👿

    • Malisha says:

      It reminds me of one of our (mine and my ex’s) early divorce hearings. He had testified that I did many terrible things that meant I should not have custody. My lawyer asked him on cross, “Will you give us examples of those things?” He said there were so many that he couldn’t give examples. My lawyer prodded: “Just give us ONE example then.” He answered: “I told you I cannot because it was just too many to count!”

  48. crazy1946 says:

    If Fogen reveals that he did not approve of the waving of the immunity by MOM, what effect will this have on the trial date? Could this be used as a means of MOM removing him self from the case? Would (could) this be used as another attempt to stall on the date of the trial allowing Fogen more time of almost freedom? For some reason all of this is not registering as a reasonable course of action for a qualified defense (divorce) attorney who is trying to actually win a case rather than merely postpone the eventual outcome….
    Perhaps, my gut feeling is incorrect, but it tells me that MOM/Fogen are playing both ends against the middle in an effort to buy time allowing Fogen to make his move to relocate to a new location out of the reach of the judicial process. We hear the defense fund is almost empty, but are we just to accept the word of MOM, the man of many stories? I suspect there is much more to this whole contrived situation than we know at this point. Will we actually have a trial in June? Will the defendant show up for the trial? Anyone have a crystal ball?

    • I’m giving 2:1 odds he runs….wanna piece?

    • Xena says:

      @crazy1946.

      Anyone have a crystal ball?

      I don’t have a crystal ball, but there is a numerologist who believes GZ is destined for a life behind bars and/or bankruptcy. It’s been my impression for awhile now that GZ is going to become physically ill and end up in the hospital just before trial. I can’t pinpoint if the problem will derive from his massive weight gain, or an overdose of drugs.

    • Malisha says:

      I suspect there is much more to this whole contrived situation than we know at this point. Will we actually have a trial in June? Will the defendant show up for the trial? Anyone have a crystal ball?

      Crrrross my palm with silver and I vill tell you…

      I see a … wait a minute the picture keeps morphing … oh, now I see a … huh? WTF is that? I see… well there is DEFINITELY something indefinite … I see someone fearful, mistrustful and confused … he takes the money like a thief in the night … it’s not all that much money, is it? … I see … oh (as they once used to say on Saturday Night Live) nevermind.

      But I DO see prison time. I don’t think the issue of rape in prison is the big deal with this particular prisoner. The wardens will all be very mindful of not wanting that headline to appear. The problem will be that Fogen will be a trouble-maker in prison because his lifestyle is built on feeling better by making someone else “get in trouble” and “be disciplined” and he is a tattle-tale and a compulsive criticizer of anyone he thinks he is superior to for any reason. He will be unable to change the way he behaves, even in real self-defense. He’s everyone’s nightmare, most of all (now that he can’t kill anybody else) his own. I do predict prison. I don’t know how to predict what happens at trial or untrial. I will say that I used to advise the mothers: “If there are 100 different things possible at this [trial] [hearing] [appearance], you can be sure that thing 101 will occur; and thing 101 is a thing you could have never imagined.”

    • SearchingMind says:

      “If Fogen reveals that he did not approve of the waving of the immunity by MOM, what effect will this have on the trial date?”

      There will be an “earthquake”!

      But I do not think that will happen because GZ and O’Mara have been provided with some parts of the evidence that we the public are not privy to; GZ and O’Mara also know that the State has more evidence it cannot shear with them and the public, yet (i.e. work product); GZ and O’Mara have calculated the magnitude of the damage statutory immunity hearing will cause and consequently made a deliberate decision to waive it (without publicly acknowledging it).

      If, however, GZ reveals that he did not and does not agree with waiving his right to statutory immunity hearing, the following alternative scenarios might play out:

      (a). JN enters an Order to the effect that O’Mara/GZ may still motion for statutory immunity no later than 10-days before 10th June 2013. O’Mara motions for continuance. JN denies the Motion. O’Mara complies with the Order and moves on.

      OR

      (b). O’Mara quits, citing irreparable break down of trust and confidence between him and GZ. That’s the scenario we all dread. As Malisha said up-thread, a good “prediction is that at this point the entire thing is unpredictable”.

      I hold my breath.

      • But Searching, remember what Prof said about a scenario were gz & omar were to break up, or gz were to claim after a conviction that omar was a terrible lawyer?
        from what I understood, all that’s too damn bad, because gz has 2 lawyers not just 1!!
        So if omar quits, West will be ordered by court to continue on with the case anyway..

    • colin black says:

      Are you saying in all seriousness the foggage wanted a S Y G
      hearing.
      An M O M took advantage of the fact the foggagge was excused from court that day.
      To drop the syg hearing as if his client would jump up if present an say hey whats your deal omara
      I didnt agree with that
      Im inoccent that Kid attacked me I stood my frakking ground.
      You got a problem omara or at least you do now.

      Off course foggage knew the hearing was being dropped ffs how many times has omara told us the foggagge is involved with his defence .
      Very hands on trying to say say he was unaware of his attorneys intention to forgo the syg hearing is almost us beleivabel that he exited his truck for an adress
      An not to chase down an iilegally detain Trayvon

      He has no defence of stand your ground he has already admited on taped interveiw an written that after exiting his truck looking for an adress he arranged to meet le back at his truck.
      He says this continueally an even at the recreation vt

      Because this moron never once told them oh I actually said get them to call me .
      An I will tell them where Im at because he didnt know about the recording.
      Its not that he forgot he was lieing anhe either saw or heard Trayvon on his phone an thats why he had to hang quick an came up with the
      Just call me when they arrive comment.

      An he has admitted it on tape to singleton .
      He says I tild them to meet me at my truck hung up my phone put it in my pocket an then headed towards HIM?

      Him has to be Trayvon an to head towards him he must either have saw or heard him to know wich direction to head in to travell towards him

      So that one sentance there is why there was no syg motion .
      As its an admission of his guilt that he knew where Trayvon was an got of the phone to go an confront him.

      Heading towards him is not retreating nor s y g its an aggresive escelating act.

      If foggagge wanted a syg he wouldve had one
      He doesnt want one because he is guilty an has admitted his guilt to everyone but himself..

      PS Blackbutterfly has a vt of foggagges admission of heading towars Trayvon posted at her site.

      • Nellie Nell says:

        Not to mention that MOM said to his audience of reporters,
        “This case is about what happened after George Zimmerman approached Trayvon Martin”.

        And then we have the one witness say that she heard something to the point of, “What are you doing…..?”

        Miles away, Dee Dee on the other end of the victims phone hears, “What are you doing around here?”

        When the witness that lived in the complex told investigators about what she heard, we had not idea that Trayvon was on the phone with Dee Dee. How could these 2 people hear the same words if the murderer did not confront his prey?

        Tick tock, tick tock, tick tock…..

  49. Didn’t see if it was posted yesterday; was without my puter!!
    IT’S GONNA BE A LONG HOT SUMMER…Ben Crump

      • Xena says:

        @Shannon. Yep. Attorney Crump said that after stating that the State has much more evidence than what has been released to the public.

        Hoodies up!!!

        • Glad you said that, so I wasn’t reading into that too much.

          • Xena says:

            @Shannon. I still can’t wait to know what the State sees in the M&I Bank video and how it ties in with GZ killing Trayvon.

            At the press conference on 4/11/12, Corey said they connected the dots. June 10th can’t get here soon enough.

          • I know, the wait is unbearable! and all these bullshit motions and memos are never gonna stop that train!

            BDLR is gonna take those dots and create a dot to dot mosaic of TRUTH, that convicts the killer of TRAYVON MARTIN!
            BTW, love the vid. just tweeted it cc. to joonyah! LOL

          • Xena says:

            @Shannon.

            BDLR is gonna take those dots and create a dot to dot mosaic of TRUTH, that convicts the killer of TRAYVON MARTIN!

            So it is spoken, so shall it be.

            BTW, love the vid. just tweeted it cc. to joonyah! LOL

            Now Shannon, you know that might cause him to heave his breakfast. 🙂

      • Two sides to a story says:

        I’m wiggling like a kid.

      • Malisha says:

        Acid? Maybe he imagines he’s just on a bad trip and soon this will all wear off and his client will be innocent! 😈

        • racerrodig says:

          Notice that the one racist comment by a clown who can’t even spell the word “question” correctly…..in fact not even close !!

          Those silly Zidiots…….

    • SearchingMind says:

      “There’s a lot that we cannot release by law, and so we’re still asking people to wait and look at all of the evidence,”

      – Angela Corey, Esquire.

      (Btw Shannon, what’s up with the new avatar, did you fall in love recently? I am all ears and will like to hear every detail)

      • SearchingMinds., hmmm. so that’s where the name comes!
        and I now that you mention it, one could logically, if they were such a deeper thinker, draw that conclusion..
        but they’d be wrong! LOLOLOL
        naw, I’m more single than a monk, since they at least have each other monks to hang around 🙂
        I just like pink 🙂

        BTW. when did Corey say this, was it recently?
        because so did Ben C. at the meeting there..
        yet meanwhile omar has the nerve to stand up there and say if it weren’t for the media GZ would’ve had the SD hearing and the case would’ve gone away!
        or if it weren’t for the media there would’ve never been an arrest in the first place.
        I swear, this guy is something else.

        but did you notice how he wasn’t all smiles and smirks in front of this crowd? this media was NOT the OS he’s used to, none of the eager gz friendly renee’s there kissing his you know what! that’s what I liked. it was refreshing to see him questioned by normal people who aren’t relying on piece of the *defense fund*!

  50. acemayo says:

    Dzhokhar Tsarnaev’s double life on fox news video
    show a picture of a black male first who
    is not the head line person
    think evil show black

    • Malisha says:

      There is actually some very interesting and scientifically thrilling research that was done of people (I believe it included judges, at least in one group) wherein they showed a screen with very quick images of Black faces and White faces and then had words that had positive and negative connotations and then switched the areas on the screen where they showed the various faces and words and the MAJORITY of people tested associated negative words and ideas with Black faces! I’ll go try to find it; it was extremely revealing.

    • Malisha says:

      Oh here it is:

      “Seeing Black: Race, Crime & Visual Processing” – by Eberhart, Goff, Purdie & Davies. Journal of Personality and Social Psychology, Vol. 87, #6, pp. 876-893 (2004).

      Also:

      “Does Unconscious Racial Bias Affect Trial Judges?” – by Rachlinski, Johnson Wistrich & Guthrie. Published in Notre Dame Law Review but I don’t have the exact citation (I have a cc of the article) in 2009.

  51. Xena says:

    LLMPapa sends GZ a reminder.

  52. LeaNder says:

    Nevertheless, blaming BDLR and Judge Nelsons for his own failures is the way his client behaves.

    Full circle, wonderful finish. That’s it in a nutshell.

    In May 2012 he did the only and last right thing in his representation of Fogen. Truth always trumps prevarications. OK he needed some, his client was confused … But at that point it still worked somehow. The bes he could do, was to simply admit his client had failed, stating, it was of foremost importance now he won back some credibility. But from that point on Fogen continuously took over and filled up the empty shell of the polite surface. He is no more than a double of Fogen with a professionally shiny surface now, a walking ghost of my first impressions of O’Mara.

    7. Defendant’s demand for specific discovery dated April 25, 2013, regarding any and all cleaned up, edited and/or enhanced version(s) of any and all recorded 911 calls listened to by Tracy Martin from the State of Florida.

    What is this? Bernie comes to mind. Not verbatim but something like: I/we are not gonna explain it to you.

    I am sure all here remember the scene where O’Mara waved around a piece of paper not quite in the standard format. Well some of our transport confirmation or shipping notifications also have some odd non-norm sizes. That was a point when he even lost his polite demeanor for seconds. Reminiscences of his waving around his impressive chart with all the delays caused by Bernie in “blue”, if I remember correctly, delays that “evil 3” Bernie caused him, with the chart the result of a special function in the time management component in his fancy case management computer programs.

    “evil 1”: Kenneth R. Lester, jun
    “evil 2”: Benjamin Crump
    “evil 3”: Bernie de la Rionda
    “evil 4”: Angela Corey

    I forget, there was something about Serino too, maybe around the time the Crump story started. Maybe Serino could make it into a still slightly dormant evil among all the other good SPD policemen, that clearly overheard Tracy say; “no, that’s not my son.” After all he did not right away add it into his Capias on March 13.

    • Xena says:

      @LeaNder. Re:

      7. Defendant’s demand for specific discovery dated April 25, 2013, regarding any and all cleaned up, edited and/or enhanced version(s) of any and all recorded 911 calls listened to by Tracy Martin from the State of Florida.

      IMO, the State will have at least one expert witness to testify how that recording was enhanced. Then the State will no doubt have another expert witness to testify that the tape provides another voice talking (cursing) simultaneous to the screams for help. Testimony should include that the talking voice is that of GZ, and how that determination was made.

      Tracy Martin is not an expert witness, so it makes no difference what 911 calls he listened to. The defense is playing a shell game because chances are that O’Mara put forth effort to find an expert witness, and was told that they hear two voices in the background of that 911 call.

      • LeaNder says:

        Ooops, that’s not the one I wanted. I have to shut down this laptop and start it up again. Something slows this thing down enormously. It pretty hard to write a comment. I am right back after I found out what is happening here.

      • LeaNder says:

        I wanted this one. I guess my comments made no sense with the one I ultimately choose but, I should have realized before that a laptop can get tired too after another typical overnight overload. I also got rid of a software I tested.

        6. Defendant’s demand for specific discovery, dated April 25, 2013, regarding any and all data, regarding any downloads or reports from any phone or phone number connected to Trayvon Martin from the State of Florida

        But as you may imagine, I am absolutely with everything you write. This argument concerning Tracy’s statement makes me absolutely mad, with or without any cleaned version, really. So in a way, I would like to avoid the issue altogether. I don’t wont to allow O’Mara spend more time on it than it’s worth.

        There is a huge difference for me, if the whoe family of the “survivor” unisono claims, with 100% certainty they recognize their son, or husband, brother; of the victim’s father not much more than a day after he learned his son was shot softly says no, for whatever reason. They basically tell him that his son “had to be legally killed since he threatened “the survivors” life at that time. That’s all I need to know.

        Personally I do not believe that you ever forget in your life how you screamed when you supposedly feared for you life. It’s a sound that burned itself in every cell. ….

        Like the tinily timid help me yelps? No way! That is simply an attempt to give voice to something you said before Fogen, “nutheart”: I cried for help, but nobody helped me. Yes, “the suspect” had to be killed, we know.

        • Xena says:

          @LeaNder.

          Like the tinily timid help me yelps? No way! That is simply an attempt to give voice to something you said before Fogen, “nutheart”: I cried for help, but nobody helped me. Yes, “the suspect” had to be killed, we know.

          It makes me sick to my heart knowing that GZ heard Trayvon beg for his life, and he killed him anyway.

          • Right there with you Sis……..If he had Trayvon detained?….then there was no reason to shoot him…

            A murder no different than the killing of a captured enemy combatant.

            It would be nice if we, in the future could obtain fogens screams from his prison cell.

          • Xena says:

            @MMPat. I’ll be satisfied seeing GZ break down in tears when the verdict of guilty as charged is read.

          • One big scream out of fogen when convicted…….”MOMMY”

      • LeaNder says:

        to allow O’Mara [to force me to] spend more time on it than it’s worth.

        no comment without a correction, my trademark.

      • Malisha says:

        Remember Fogen said he was “out of time.”
        That phrase should begin to take on real meaning for him right about now.
        Quick: KILL SOMEBODY!

    • SearchingMind says:

      @ LeaNder and Xena

      “Testimony should include that the talking voice is that of GZ, and how that determination was made”.

      Yes, and that determination will (IMO) be made by (a) showing that an interrogation occurred, (b) establishing “that” which was asked during the interrogation, (b) determining that “that” which was asked during the interrogation could in all reasonability not have been asked by Trayvon – e.g. ‘what are you doing around’ here?!’, ‘you live here?!’, ‘where! Which address?!’, ‘What number?!’ etc. I think the two FBI audio-guys, Tom Owen and Ed Primeau will, among others, use this method to conclusively rule GZ out as the one screaming. The hidden content of those 911 tapes will send GZ to the gallows.

      • Xena says:

        @SearchingMind.

        The hidden content of those 911 tapes will send GZ to the gallows.

        Absolutely! If I can hear GZ’s voice in the background cursing at Trayvon, then I am positive that the FBI enhanced tape makes it all that much clearer. Also, the recording that is released to the public has a significant redactment — no telling what GZ was saying then.

      • lurker says:

        Are those specifics overheard on the tape? I would think that those kind of questions occured prior to Trayvon screaming and 911 calls being made.

        It will be interesting to see exactly what expert witness(es) say, as the FBI voice analysis of the screams could not identify or rule out Zimmerman as the source of the screams. So–depending on where O’Mara puts his money (or credit card) for witnesses, that one may turn out to be a case of duelling witnesses, and hence a wash.

        Probably most valuable for its impact on the jury and what impressions they form based on tone, desperation and that kind of thing. The screams are clearly NOT someone calling out to neighbors to help. They are desperate, wordless, cries of someone about to die a terrible death at the hands of a monster lacking in reason.

      • pat deadder says:

        Searchingmind Will cleaned up versions be admissible in court.IMHO they have enough evidence with just the original tapes and all other evidence but I hope cleaned up versions are allowed.

    • racerrodig says:

      “evil 5” : Team Trayvon and anyone who supports Black Dynamite Slim as the “actual” victim.

  53. Big Willie says:

    9 AM. Est = 6 AM pst. I’m setting my alarm right now!

  54. Two sides to a story says:

    “O’Mara has invested a considerable amount of time and energy riding his client’s case to fame and fortune.”

    Trying, trying, trying to ride his client’s case to fame and fortune…fortunately, social media intervened.

    Tuesday morning coming down . . . hoodies up!

    • ladystclaire says:

      Hoodies Up for sure! JFTBM

    • lurker says:

      I do believe that O’Mara initially thought that would be possible. Then he met his client. Then he began to review the evidence and discovered that not only had his client told multiple conflicting versions of what happened that night, but that none of his versions coincide with the forensic evidence.

      If this were a case not in the national spotlight, and were O’Mara simply a public defender, he would have realized early on that the best he could offer his client would be damage control and guidance through due process. He would have prepared his client for the reality that the state has a strong case against him and that he would very likely be going to jail. He might help him to put his affairs in order and encourage his wife to find employment and affordable housing.

      But, this is not some quiet case off in the corner where dozens of killings are routinely tried. This is a case of the Great White (or Afro-Peruvian) Hope. This is a case of white man’s revenge against their perceived injustice at the hands of minorities who have made advances into their once private realm of education and employment. This is a case intended to strike a blow back at those who have stood up for a colorblind system of justice, This is a case to defend prejudice.

      O’Mara may or may not buy all that stuff, but his client, and his client’s family and friends and all his online supporters do. The desperately desire a win and will regard anything less than full exoneration to be a miscarriage of justice.

      And this is the vice in which O’Mara finds himself. Not only are his dreams of television fame dashed, but he has gotten in bed with some highly unsavory folks on the way.

      • Yeah, and he defiantly woke up with the clap!
        hopefully after this case he’ll go ahead on to the clinic, humbly drop his draws and accept his own personal penicillin shot in the ass.

        After all that maybe he’ll want to redeem himself somehow and at least try to undo some of the damage to this innocent family and to the justice system that he himself is responsible for. maybe he’ll one day have his come to Jesus moment too.

      • parrot says:

        Perceptive.

    • racerrodig says:

      Yep…..Tuesday !!

      Tuesday afternoon,
      I’m just beginning to see, now I’m on my way
      It doesn’t matter to me, chasing my freedom away.

      Someone, calls to me,
      A prison is drawing me near, I’ve got to find out why?
      The Judge’s voice I hear, explaining it all with a sigh.

      I’m looking at myself reflections of my mind,
      It’s just the kind of day to leave myself behind.
      So gently swaying through the fairyland of love,
      If you’ll just come with me you’ll see the beauty of

      Tuesday afternoon, Tuesday afternoon.

      Tuesday, afternoon,
      I’m just beginning to see, now I’m on my way.
      It doesn’t matter to me, chasing my freedom away.
      Something, calls to me,
      A prison is drawing me near, I’ve got to find out why?
      The Judge’s voice I hear, explain it all with a sigh.

      Tuesday…….yep, gonna be a long day.

  55. Xena says:

    @Professor. (Standing applause!!)

  56. groans says:

    Oops – gotta remember to end my blockquotes! Trying again…

    In a five-page reply neck deep in irony, he asked Judge Nelson to strike BDLR’s response to his motion for sanctions for discovery violations citing rules of professional conduct that require lawyers to tell the truth and not disparage other parties and their lawyers. Imagine that! This request is from the man who specializes in using his media mouthpieces at the Orlando Sentinel to keep repeating his message misrepresenting the evidence in Trayvon’s case while demonizing him, his family, and Dee Dee without a shred of evidence to support his false accusations.

    We’ve spoken a lot about PROJECTION here over the last several months, but MOM truly takes the cake in that regard with that filing! The defense team clearly has a low level “straight face” tolerance in spouting its venom to the court. (For those unfamiliar, the lowest level analysis of an argument in legal circles is: “Can I even argue that with a STRAIGHT FACE?”)

    The killer’s defense team excels at “straight-facing” the most bizarre and illogical positions (which is not something a professional would take pride in)!

  57. PiranhaMom says:

    @Professor Fred –

    If Judge Nelson denies any or all of O’Mara’s requests, does that give O’Mara any legal right to delay the June 10 Court date?

    • SearchingMind says:

      No. BUT, I have come to realize that O’Mara operates according to the “O’Mara Idiosyncratic Rules of Procedure” – and as such unpredictable. This is my worst case-scenario prediction: (a) none of O’Mara’s Motions will be granted, (b) JN will demand from O’Mara/GZ to tell the Court whether or not GZ has waived his right to ask for statutory immunity and if not, when they intend to motion for that immunity; (c) O’Mara will then get into an argument with JN and lecture her that he is not required to specify if and at what point he will motion for statutory immunity; (d) JN will reject that argument citing binding case law and consequently enter an Order to the effect that any Motion for statutory immunity must be filed- and first heard before 10th June 2013; (e) O’Mara will show phony outrage and then sit down quietly; (f) within the next 7-days O’Mara will accuse JN of bias and motion for JN’s recusal. JN will promptly deny that motion and O’Mara will head back to the Appeals Court with, among others, a Writ of prohibition.

      O’Mara does not want to go to trial. His actions are
      (un)intentionally designed to (a) stir up the donors, (b) turn the judicial process into a circus and (c) subject his fellow professional players to ridicule and bring them in disrepute (remember Judge Lester who lavished praises on O’Mara in open Court!).

      • PiranhaMom says:

        @SearchingMind –

        Thanks, Searcher –

        You’ve confirmed my concerns. This will just keep getting messier and messier. I am SO putting my hopes on Judge Nelson. She talks softly, but carries a big rep. If anybody can quietly thwart O’Mara, she can. Just hope it works out this way and goes to trial. You are a tremendous help here, Searcher, and I thank you.

      • SearchingMind says:

        There is also something known as the “O’Mara Weird Rules of Procedure”. These Rules lead to peculiar, weird results.

      • SearchingMind says:

        Yeah, the situation is not just messy, it is also getting uncomfortably personal. This is not how the system is meant to- and ought to work. Not at all. I hope JN gets a FIRM grip of the situation. O’Mara is becoming dangerously irresponsible.

      • Malisha says:

        My prediction is that at this point the entire thing is unpredictable. O’Mara is fighting a guerilla war for TIME. It is possible Fogen is already in the wind. No matter what happens tomorrow there will be appellate mess.

      • Trained Observer says:

        @Malisha — Personally, I doubt he’s in the wind. But if that proves to be the case, I can hardly wait to see him tracked down, handcuffed, hauled in, and jailed, never again to get bail.

        Plus, tee-hee, 150K in bond money from his supporters would be down the drain.

      • Trained Observer says:

        Oh, absolutely, MMPat, why Fogen has a lifelong track record of being Mr. Reliable on all contractual and financial obligations.

      • groans says:

        @ SearchingMind re:

        (d) JN will … enter an Order to the effect that any Motion for statutory immunity must be filed- and first heard before 10th June 2013

        I sure hope you’re wrong about that one! That would be a huge victory for O’Mara. It would also allow continued games and ambiguity, and mess up the trial schedule.

        Judge Nelson wrote an order SIX MONTHS AGO stating that any request for immunity had to be filed and heard by April 26 – i.e., last Friday! Under criminal procedure Rule 3.190(c), the defense has already WAIVED any immunity defense because they failed to file a timely motion to dismiss.

        I think (hope) Judge Nelson will lay the immunity issue to rest, because the defense was given ample time to assert it, and other pretrial deadlines are rapidly approaching:

        > All other pre-trial motions must be filed and heard by May 10 (just 10.5 days from now); and

        > “Short-matter” motions addressing purely legal matters will be
        heard on or before May 31. (I’d expect a lot of evidentiary matters to be addressed during the month of May. And maybe jury voir dire issues and procedures.)

        There’s a lot left to do with only 41.5 days to “Showtime!”

      • Rachael says:

        “why Fogen has a lifelong track record of being Mr. Reliable on all contractual and financial obligations.”

        As apparently his attorney is as well.

  58. groans says:

    In a five-page reply neck deep in irony, he asked Judge Nelson to strike BDLR’s response to his motion for sanctions for discovery violations citing rules of professional conduct that require lawyers to tell the truth and not disparage other parties and their lawyers. Imagine that! This request is from the man who specializes in using his media mouthpieces at the Orlando Sentinel to keep repeating his message misrepresenting the evidence in Trayvon’s case while demonizing him, his family, and Dee Dee without a shred of evidence to support his false accusations.

    We’ve spoken a lot about PROJECTION here over the last several months, but MOM truly takes the cake in that regard with that filing! The defense team clearly has a low level “straight face” tolerance in spouting its venom to the court. (For those unfamiliar, the lowest level analysis of an argument in legal circles is: “Can I even argue that with a STRAIGHT FACE?”)

    The killer’s defense team excels at “straight-facing” the most bizarre and illogical positions (which is not something a professional would take pride in)!

    • groans says:

      See corrected comment, below. 😳

    • LeaNder says:

      I was puzzled by that motion.This of course a stylistically perfect passage again: neck deep in irony. Admittedly it left me speechless . So his attacks on BDLR followed bar recommendations to the dot? And there is an equivalent good-behavior-rule-set for prosecution, at least not in criminal cases? That would make BDLR behave as politely as he does?

      Shouldn’t he address that one to higher deciders too, so they can create the equivalent of the Florida’s bar ethic laws for specifically for State attorney? Isn’t it so easy to get rid of BDLR as it was to get rid of Kenneth Lester? No legal tools available? Nowhere one can send a writ to?

      These kind of arguments bore me to tears. I have seen too many PR professionals in my life that twisted that profession’s ethic laws any way they needed them. I have also seen too many bigoted believers … My grandma, my fathers mother was a rather outstanding example from my perspective.

      But let’s see if Nelson rules to strike the specific sentence.

  59. looolooo says:

    Tick tock Fogen.

  60. Jun says:

    My guess is Omara’s strategy is to try and delay trial by creating a mess with the appeals court and using nonsense motions, while begging for money

    The issue is, I do not feel there is anything disparaging the state said

    They simply stated Omara is a grandstander who courts anything resembling a microphone and a camera

    The state also mentioned how Omara is reasonably suspected of being involved with the money and the passport hiding and structuring

    The video issue, it is written in both civil and criminal procedure that the state can object all the way up to when it is about to be filmed and even then and there as to the manner of the deposition

    I do not know what the issue with Omara is but my first statement in this post is my guess as to the motive

    I do not feel it will be granted but we will wait and see

    I think Omara is not being reasonable

    • looolooo says:

      Future Faux News legal commentators don’t need to be reasonable.

      Silly, silly boy, you should know the score by now………..

    • ladystclaire says:

      @Jun, Out of all of the other depositions conducted by the defense, why did they choose to video Trayvon’s mother, father, brother and DeeDee? what was the reason behind this? out of how ever many depositions that they conducted, they IMO had some kind of dirty under handed reason for videoing the depositions of the victims family and, his girlfriend. I wish someone would tell me why they did this.then he expected the state to pay for the services of the person doing the taping,when Bernie told him that they could not video these people’s depositions. this defense attorney is IMO a complete and utter embarrassment to the Judicial system not only in the state of Florida but, to the Judicial system of this country as whole.

      What we are witnessing out of this man is, Judicial corruption at it’s worst. he should be disbarred asap when this trial is over because, he does not stand for justice in any way shape or form. he is a JOKE and he’s making the judicial process in this country look like a JOKE as well.

      • PiranhaMom says:

        @Lady,

        They were going to cut the worst scenes, the most unflattering scenes, the scenes that showed any hesitancy in replying and put them together in a very ugly, accusatory video.

        And they were going to blast DeeDee’s image all over the country, so she would always be under threat.

        Despicable!

      • LeaNder says:

        Piranha, your first paragraph is exactly what I think the videos are for. The main target audience will be the jury and of course the audience on their computer or TV screens. But as far as I remember our host thinks, no matter if personally or with the help of manipulating video techniques the smear tactics may well fail.

        Concerning DeeDee, Nelson seems to have sealed it, so I am not sure they could use for a special production without her consent.

      • kllypyn says:

        Can people be forced to be video taped if they don’t want to be taped?

  61. groans says:

    I’ve been waiting for this. Thanks, Professor!

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