Zimmerman voluntarily waived his right in court today to an immunity hearing

Tuesday, April 30, 2013

Today’s hearing was a judicial slam-down of the defense motions.

The most important thing that happened was the defendant’s waiver of the immunity hearing. After Judge Nelson placed him under oath, he acknowledged that he knew he had a right to a pretrial immunity hearing and he voluntarily waived that hearing.

In my opinion the waiver is bullet proof and will withstand appellate scrutiny.

At the press conference following the hearing, Mark O’Mara said that they had decided to waive the hearing because it would be better to let a jury decide the case. In my opinion, his explanation is pure spin designed to conceal that he knows his client’s credibility will be destroyed on cross examination. In other words, the defense has no defense.

BOTTOM LINE: He would not have waived the hearing, if he thought he had any chance to win. That overwhelming case for self-defense that O’Mara has been bragging about for almost a year is a bust. He folded when Bernie called his bluff.

Judge Nelson also ruled that the defense was not prejudiced by any of the alleged discovery violations, but she postponed consideration until after trial of whether to order the State to reimburse the defense for fees and costs incurred by alleged delays in providing discovery.

After Mark O’Mara questioned Don West on direct regarding the alleged discovery violations, Bernie de la Rionda did a nice job cross examining him by getting him to admit that the prosecution and defense discovered some information simultaneously, as in the case of Dee Dee’s hand written letter to Sybrina Fulton that she had placed in the family Bible together with other letters of condolence.

West’s effort to make an issue about BDLR failing to disclose that Sybrina Fulton sat next to Dee Dee when she was interviewed also came across as irrelevant nitpicking rather than a Brady violation.

BDLR also nailed West making him look foolish when West could not explain how Dee Dee’s hospital excuse about missing the funeral and wake because she could not face looking at Trayvon’s dead body had anything to do with whether the defendant murdered Trayvon.

We also learned today that the State recently sent the recording of the 911 call with the terrified-fear-of-death shriek to an expert to clean/enhance. The expert has not completed the process or issued a report.

True to form, Judge Nelson denied the defense motions without providing any basis to support a motion to recuse.

The next hearing will be May 28th with motions due no later than May 10th.

Writing articles every day and maintaining the integrity and safety of this site from people who would like nothing better than to silence us forever is a tough job requiring many hours of work.

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Fred

279 Responses to Zimmerman voluntarily waived his right in court today to an immunity hearing

  1. Follow

    Watched the hearing…..Again…no shellie?

    Blew the router on the ‘puter…back up and runnin’ now

    • racerrodig says:

      Nope…..no SheLie……I think she flipped….after all she is a mess.

      • acemayo says:

        Shellie needs to listen to the song stand by your man

      • Jun says:

        Yep

        I believe it’s called a plea deal

        She can testify in exchange for a misdemeanor charge or just simple probabtion or a program where you can work off the charge

        I think she is rolling on Fogen

        Cant really blame her

        It’s a lot better than being known as incest rapist child stalker killer scam artist’s wife and spending 5 years in the bing

        • racerrodig says:

          I guess it must suck marrying a stone dead loser, then covering for him and being taped, then getting caught, then facing criminal charges, then insulting the worlds intelligence by talking about the good life and having a friend named Peter Pan.

          Not to mention having the loser insult the victim by joking he was going to walk out of jail with a hoodie on…..freaking pigs.

          Yep…..must suck about now.

      • Trained Observer says:

        Ah, yes, the hoodie joke on the jail call . Such a Fogenesque touch as these two pigs hemmed, hawed and snorted their way along on tape.

        Am breaking into song … Wooly Bully Hoodie by Sam the Sham and the Black Peruvian Pharaohs

        Uno, dos, one, two, tres, quatro
        SheLie told Fogey about a thing she saw.
        Had two big horns and a wooly jaw.
        Wooly bully, wooly bully.
        Wooly bully, wooly bully, wooly bully.
        Fogie told SheLie, “Let’s don’t take no chance.
        Let’s not be*L-seven*, come and learn to dance.”
        Wooly bully, wooly bully
        Wooly bully, wooly bully, wooly bully.
        Matty told Hatty, “That’s the thing to do.
        Get you someone really to pull the wool with you.”
        Wooly bully, wooly bully.
        Wooly bully, wooly bully, wooly hoodie.

  2. Malisha says:

    You know, I was thinking a bit OT yesterday. But this:

    A few years back, a Trayvon Martin could have been walking along (today I wanted to buy skittles just to taste them but alas…) and a Fogen could have shot him dead and then not been arrested because he claimed it was self-defense. A Billy Lee would have let him off and blamed the dead kid. And a Sybrina Fulton wouldn’t have had the chance to get help from large organizations or even to FIND people who cared. And a Tracy Martin wouldn’t have been shown a minute’s respect by anybody anywhere. And the statistic would have been “Black criminals involved in gun violence” and not “murder trials resulting from handgun ownership.” And that would have added to the number of BLACK CRIMINALS being reported as threatening our residential communities and cities, not to the number of crimes perpetrated against innocent Black youth.

    And that is how part of the prejudice took hold: “Black criminals” counted in that statistic because some police department somewhere, without benefit of or need for due process, would have identified a deceased or victimized African American as a criminal although he was doing nothing even remotely inappropriate.

    And this is how we have the “ground” against which each of us sees various “figures.”

    • racerrodig says:

      I’m thinking thank God for all this computer technology. If we didn’t have this, how may signatures would have been garnered, would Fogen have gotten away with murder ???? Probably.

      So with that…..

      Note to Fogen…DO NOT sue Bill Gates, Steve Wozniak nor the estate of Steve Jobs.

      • Jun says:

        It was easier to get away with crimes back in the day

        Because of technology, old cold cases have been solved with science and tech

        I think even if there were no computers, there would still have been a massive media movement, but it would take a lot longer

        Computers make everything a whole lot easier

        • racerrodig says:

          And I’m the one who said back in 1980 “…the home computer will never catch on……most men don’t want to learn to type” Perhaps you read about me !!

          Thank God I was wrong on that one.

        • Lonnie Starr says:

          Well, despite O’Mara’s attempts to obfuscate, GZ has waived the pre trial immunity hearing and the pre trial Stand Your Ground Hearing and any other pre trial devices that might go with it. The at trial or post trial motions to which O’Mara refers, actually do not exist at law, and will not exist no matter how hard he tries to create them. Hahaha… O’Mara needs to run for office and submit bills that he sponsors to create these new motions, otherwise GZ is toast!

    • tryagainplease12 says:

      @Malisha, i live less than 20 miles from whereTrayvon was killed, and what you state is the norm down here, it’s the small cities that has alot of racism in them, even the police. I’ve been stopped so many times by just the car i drive, been stopped for walking to the store to get my baby some milk(suspision of burglary). My house alarm goes off while i’m at work i go home to check it the police are already there, as soon as i step out of my car i hear the police say to the dispatcher the suspect has returned. All young black males down here are suspects!!!

      • Malisha says:

        I’m glad you put all that in, tryagain. I have a good friend who is an actress in NY; she has done Broadway about a dozen times and three times in the big leading roles (TONY award nominations and one TONY award itself) and she gets on the marquee. If I’m up in NY with her during one of her theater gigs, we leave the theater about ten p.m. and she signs autographs out at stage door for a few minutes and maybe a fan or an agent or someone will want us to stop for dinner or a snack and then at midnight we’re on the street and GUESS WHO HAS TO WAVE DOWN A CAB! (I forgot to mention she’s Black and I’m white.) I have to wave down the cab; they won’t stop for her. She has 5 – 6 times my income even in her slowest period (unless she’s just unemployed between shows) and she’s known all over the world and she’s owned homes in three different states of the Union and she’s been on the front page and in glossies and features and she can’t get a cab in the city.

        My son went to a prestigious university and in his first year he learned that all the kids smoked marijuana. He asked me for permission (I know, that’s weird, but there was a reason — and I had to go to research to know whether to give the permission or not because I knew nothing about marijuana!) and I asked him some questions about the environment, to assess his safety. He told me “the campus cops won’t arrest you or anything; you just have to stay on the campus so they don’t think you’re a ‘townie’ or something.” So I asked, “You mean they give you a free pass if you’re associated with the university?” “That’s about right,” he answered. So I did some research (in a real library; we didn’t have Internet then) and then let him go ahead with some cautionary words (“never more than a single cigarette’s worth; never sell or distribute; never store it up for later; never drive when you have smoked; never hang around with a bunch of kids who are all high; never drink at the same time; never blah blah blah…”)

        Once you realize what our impressions are made of and what even our STATISTICS are made of you question the basis of your “knowledge” about the world in which we live.

        One of the main things that bothered me about the Trayvon Martin story was the fact that Trayvon had to feel wary and afraid at 7 in the evening walking home from 7-11. Damn. And it’s not JUST because of the wacko NW predator that he had to feel wary and afraid, either; it’s because the “public safety personnel” of the state he lived in did not generally concern themselves with the safety of the public of which HE was a member — THAT public was not safe from the “public safety personnel.”

        And BTW I do not think Fogen was actually afraid the police would see him with a gun and shoot him, as he lied to Hannity. He was afraid they would prevent him from finishing his “job” on Trayvon Martin, if anything. (But I think he knew the first on scene would be Tim Smith so I don’t think he was afraid at all, I just think he was “out of time.”) The police would shoot a Black man with a gun much easier than they would shoot a white “Afro-Peruvian” with a gun, in my opinion.

        All this thinking is making my brain hurt; catch you later. :mrgreen:

      • Two sides to a story says:

        All my black friends and acquaintances around the SW say the same thing . . . I imagine it’s only worse in FL.

        Malisha’s story of her friend reminds me of when Oprah Winfrey was refused admittance into a Rodeo Drive store in Beverly Hills – obviously because of the color of her skin.

  3. Just listened to the part from todays hearing where Zimmerman is being asked by Judge Nelson about the pre-trial immunity hearing.

    I hear clearly he saying “yes sir” several times when answering her questions. Then, before he gives his answer, Omara objects and ask for a moment, then after they chat a sec he starts saying yes your honor.

    How nervous is he???? LOL

    Tick Tock goes the clock!!!!

    They told him I think not to say yes sir….LOL

  4. aussie says:

    A sequestered jury is going to change the possible composition of that jury.

    They can’t sequester, for weeks or months, a woman with small children to care for on her own. Or a parent or partner who needs a lot of care. This is on top of all the people who would lose their homes if they don’t work for a month from being jurors on a drawn-out case. How is that handled?

    Frederick, what would they do, for any jury, with someone who has a regular care need of their own? say someone who is fine except they have to go for dialysis once a week? do they let them go? or not put them on the jury in the first place?

    One advantage I see in sequestering them is, they won’t want to spend weeks deliberating. They’re more likely to feel “let’s agree and get the heck out of here”.

    • Frederick, what would they do, for any jury, with someone who has a regular care need of their own? say someone who is fine except they have to go for dialysis once a week? do they let them go? or not put them on the jury in the first place?

      That person would be excused from jury service.

  5. colin black says:

    Not only that he admitted once again in couert under oath that he lied .

    The Judge asked him Did any one threaten you .
    An he said no your hounour .

    Shouldnt the correct answer have been only that Thug Trayvon he threatened m e .
    Said You going to die muthufucker your hounor…

    Anyone else how he made the words No your Hounour all
    in to one barley audble word..

    At whisper level foggage lowers his voice when he has to say words he has trouble repeating or being easly able to lie about its

    Ah cahnt remeber at low volume ditto low volume witha touch of exasperation as in why are you askin me this poitless stuff that points to mt incnsitances
    change the subject already.

    Today it was extra low muffle volume.

    Yeshyyyoorhoner

    Yeshyoorhonher

    Yesyoowhorea

    Yesyowhorea.

  6. ay2z says:

    News to O’Mara, didn’t he know that it was best friend Mark Osterman and wife Sondra Osterman, who called the killer this in the title of their book, promoted on Dr. Phil season opener.

    Now you are complaining about it?

    • ay2z says:

      Here’s the whine, quote:

      “He’s very stressed because people call him the most reviled man in America,” said O’Mara.

      • racerrodig says:

        The offensiveness of these shit heads knows no bounds.

      • Lonnie Starr says:

        Oh man what a dope! Can you see BDLR walking towards the witness stand with a book under his arm? While asking the witness: “Do you know who GZ’s best friend is?” Uh oh, looks like MOM’s stepped in it on the world stage!

        • racerrodig says:

          Oh that will be Pricele$$………Maybe if Fogen gets in the box, they can “accidentally” use Osteridiots book instead of the Holy Bible then just say…..Opppps my bad, here, try this book.

          I still say the Bible will spontaneously combust when he says “I do”
          And that’s always a sign of guilt.

      • Lonnie Starr says:

        In courtrooms worldwide the name O’Mara will be a synonym for stupid!

      • Jun says:

        LOL I think god will throw a lightning bolt from Zeus at Fogen, when he swears on the Bible

        and then it will ricochet and hit Robbie The Racist Diva

        • racerrodig says:

          I’ve been saying since August the Bible will spontaneously combust if he ever takes the stand. I’m warning them…..Boooooom !

          God’s Plan…..and always a sign of guilty when that happens.

  7. KA says:

    http://www.theatlanticwire.com/national/2013/04/george-zimmerman-stand-your-ground-immunity-hearing/64742/

    ……though Zimmerman waived his pre-trial immunity rights, it doesn’t mean that the door is shut on an acquittal. A legal expert told Alcindor:

    “O’Mara will have two opportunities during trial to ask for a “judgment of acquittal,” where the judge can decide to acquit Zimmerman without the jury, Reep said. O’Mara can ask when the prosecution rests and when the defense rests but such acquittals don’t happen often.”

    So he will ask the judge to acquit before they present? Like the State has no case or evidence whatsoever? THAT is the immunity he is talking about?

    Stupid and not going to happen…

    • willisnewton says:

      This is how I understand it -there only hope is that the state cannot prove a crime was committed. Once the prosecution rests its’ case, the defense can ask for what amounts to a dismissal by making a motion saying, “my client enjoys the presumption of being innocent until proven guilty. The state has not proven he is guilty. If you agree, you honor, please acquit him now and let us begin a hearing to determine that he has immunity from civil prosecution on this matter.”

      Does that seem crazy? Yes. Is MOM crazy? Probably, if he thinks he can pul this one off. It’s just a cover story to spin his tale for the press and the casual listeners – a way to claim that his side has a chance of winning.

      • Lonnie Starr says:

        Yes, but before anyone puts much faith in MOM’s interpretation of the law, they should think back to that day at an earlier hearing when the Judge said DENIED 5 or 6 times to his motions.

    • Malisha says:

      YOUR HONOR we ask for an acquittal before we empanel the jury because the defendant is very upset that he has been called the most hated man in America.

      DENIED.

      YOUR HONOR you’re wrong and you should be recused but we’ll check back with you later and you’ll see we’re right.

      I’M COUNTING ON IT.

  8. Ty Flair says:

    This has been a long journey,I can really say I can see a little light at the end of the tunnel. Professor you have been right on everything you have been teaching us. The stress and hate that I carry have been lifted alittle today because O’mara don’t have a case. We now enter the part I have nightmares about the jury. I pray we don’t get a raciest jury that slip threw the cracks. We all should enjoy this day thanks to BDLR,and to the Professor thanks for being real to us and tell us like it is good or bad. I feel honor to right on this blog.

    • The Professor is the MAN! He’s on his way to the big time! We’re soon gonna see him on tv giving his analysis. Don’t think for a second folks aren’t watching. GET THAT MONEY, PROFESSOR!

    • fauxmccoy says:

      ty flair — this case has exposed injustice along color lines like our country as a whole has not had to deal with for a long time. i am not black, i cannot experience this case and that it has brought out as a black person does. i see the ugliness, call it out for what it is, but it cannot hurt me as it might a black parent – because i know that my children will never be profiled because of their race. my children, two girls, ages 12 and 15, are good, kind, wise and loving souls. i spent time today teaching them about white privilege, the kind of thing that i did not learn until a college class. but i do get it and i make sure that i am raising children who reject racism. i understand the anger and hatred you may feel, whereas for me, i experience profound sadness as the victim of this crime, his family, their attorneys are exposed to horrible and undeniable racism. i leave you with a quote which has helped me numerous times over the years with a variety of issues

      “Anger is an acid that can do more harm to the vessel in which it is stored than to anything on which it is poured.” ….. Mark Twain

      • Ty Flair says:

        @Fauxmccoy you are right,I had to back away from this case because it started to affect me alot. I call out of work today,because I knew I would of had this case on my mind and nothing would of got done. This case also has open my eyes to many things going on in this country. I knew it was racism in this country but I never thought it was this bad.

      • type1juve says:

        @fauxmccoy
        Thank you for your encouraging words tonight. Many times I have had to turn away from this case because of the hatred and racism shown to the Martin/Fulton family. America has such an ugly history when it comes to minorities. We have an opportunity to show the world that we have changed and we can get it right. I just hope we don’t blow it this time.

        • The sad part is……We were / are all minorities at some point in this country……be it Black, Irish, Italian, Native Americans etc.

          So much for the Brotherhood of man… 😦

        • fauxmccoy says:

          thank you both.

          i have my own struggles (who doesn’t?) and my own list of ‘folks who done me wrong’. this is what i use to remind myself that wallowing in anger, hatred or self pity does not help; positive actions, however, do.

      • ladystclaire says:

        @type1juve and, that racist history that is America is more alive now than at any other time in this history of this country. by this I mean, not only is it racist folk from the south oh no, this case has dog whistled racist from every state in the union and, that’s the truth.

        These people have treated this family and, this victim as if they were less than human. for all of those who have taken part in this, let me say this to you. if you can see fit to support this POS seeing his skin color and his heritage, then why do you not accept other’s who are also brown Latinos who come here to make a better life for themselves and their families?

        It seems to me, that these Zimmerman’s have used the race card if ever it was used in this case. it begins with Fogen Sr. who in the beginning pointed out Fogen’s Latin roots along with his African roots. this man NEVER to my knowledge said that his son is White. then we have Robbie the Racist, listing them as being what ever race is the most self serving at a moments notice.

        He and his mom even used the Spanish media in order to gain sympathy from them. now as you can see, they are the ones who have been playing to race card to the max. I guess now that the trial is only a little less than a month away, Robbie the Racist will really be making the media rounds in between his twitter rants.

      • ladystclaire says:

        @Ty Flair, Oh yes racism in this county hasn’t gone away and, it will never go away as long as hate is continued to be taught in some homes by parents who were also taught to hate on the basis of someone’s skin color.

        This is the kind of stuff that’s been passed down from generation to generation and, it’s never going to go away.

    • FactsFirst says:

      me too…. this is the safest place to discuss the case on the internet… I thank God for the Professor…

  9. O’Mara was on HLN whining about Zimmerman gaining 110lbs frm being stressed and can’t go out without body armor…. then don’t chase little boys down in the dark & shoot them in the heart.

    • boyd says:

      I should get on the CTH and recommend some Johnsonville Bratwursts for George on potato bread rolls. Help him put on more weight.

    • Lonnie Starr says:

      GZ had absolutely no business with Trayvon that should have allowed them to come into contact with each other at all that night.
      In fact, GZ had rules that prohibited him from carrying his weapon and following Trayvon, both of which rules he broke. When he broke those rules, in the eyes of the law, he lost his right to defend himself, because he had become an outlaw. The law does not offer protections to those who engage in illegal conduct.

      Thus, even if GZ could prove that Trayvon was returning home from robbing a bank, GZ can still not show that he had any right to do anything that would cause them to come into contact with one another that night. That is what the police are for, that is why they have been given the powers they have. GZ had no powers and he ignored the training they gave him to save a life in just this situation. Just who the hell does he think he is?

      • racerrodig says:

        So once again I read into what you are saying is, it sucks to be FogenPhoole about now.

        I had to roar when O’ Mara objected to the phrase “pre – trial” and Nelson blew right on through it.

        Otherwise it would be a “During Trial Motion” I’d tend to believe most of us knows what “pre – trail” means…..seems “self evident” to me.

        • Lonnie Starr says:

          When I said “even if GZ could prove that TM had robbed a bank”, I, of course meant that, if he could later prove some crime he had not witnessed. And yes it really sucks to be Fogen now.

          MOM is trying to rewrite the law, but only the legislature has that power. The law is on the books in the pre trial motions section, meaning that it is a pre trial motion. Besides, MOM cites no authority for his claims because there simply is no authority, just his own insistent conjecture, unsupported by anything at all. MOM probably needs a high colonic to remove the blockage, that way he won’t be so full of it.

        • cielo62 says:

          Racer~ “Self evident” as well as “undisputed.”

          • racerrodig says:

            I plum forgot about that “undisputed” line……I guess there are just far to many lies and lines for us normal people to remember.

            Anyway, It believe it’s “…undisputed….that it’s just about over but the clapping”

      • Jun says:

        I am fairly sure Omara said to the state and the judge “please let me put on a show” about waiving the immunity hearing

    • racerrodig says:

      He’s “forced to wear body armor, because he’s justifiably afraid of getting shot” is he jacking me????

      Then he says his client is tired of being called the most vilified man in the country.

      Get it right O’ Mara, his token white friend called him the most hated man in America. In fact, that’s the title of the book he sold 17 copies of. The members of Team Trayvon get it right, why can’t he???????????

      • Jun says:

        Fact wise

        The state, the feds, the DOJ, Crump, blogs, the internet all have Fogen in a cobra clutch, so no one really needs to shoot Fogen

        Honestly speaking, the Vest doesn’t protect his genitals, his neck, his head, his butt, his arms or legs, so why does he not wear a full Iron Man suit?

        Oh yes, they dont make them in XXL child killer size

        • racerrodig says:

          Jun…..you’re killing me……everyone’s in great form tonight, that’s for sure !! I wonder what’s happening at Fogen’s tonight ??

          I guess that passing fancy of the “…good life…” has them weeping now, so it’s a good thing they don’t make XXL full body iron suits, or we’d be calling him “PhatFogenPhooleRustyIronWorks”

          By the way….he has no genitalia in the “real men’s sense” as us real men with balls don’t go around shooting the citizenry for no, well, any reason.

  10. Cercando Luce says:

    Prof., regarding the immunity hearing, you told us so and you told us so, and it’s so. Now the defense’s great hope is to land a nutty jury. I’d love to know BDLR’s voir dire methods.

    • Well, I’ve been there and done that, so I have a basis of knowledge and experience upon which to rely in making predictions.

      I believe Judge Nelson has decided to sequester the jury due to extensive pretrial publicity. I am opposed to sequestering jurors because they hate it and I don’t blame them. On the other hand, O’Mara hasn’t been able to keep his mouth shut, so it’s probably unrealistic to think that he will stop talking to the press during the trial.

      He’s an egregious mess with his ridiculous motions and spin machine.

      • ay2z says:

        http://www.hlntv.com headline including CAPS, and in HUGE font.

        “NO ‘STAND YOUR GROUND for zimmerman… YET”

        HLN is apparently buying into promoting the SYG/Immunity hearing left to the trial jury or whatever.

        Why isn’t there a simple clarification in the statute of how the law works in practice?

      • Jun says:

        Peterson vs State

        Gray vs State

        both trial and appellate courts have long ingrained that it is a pretrial motion and the burden is on the defense to present it’s case for immunity and motion to dismiss

      • Cercando Luce says:

        @Frederick
        Can defense counsel be sequestered? (just kidding, as I am sure there’s a rule against that) Can BDLR object to sequester?

  11. cielo62 says:

    >^..^< Waive bye-bye Georgie!

    • racerrodig says:

      It took a long time for him to answer her after one of the key questions and then after one of the others he had to say “After consulting with my……” which he did 5 seconds prior.

      So with that move, expect Fogen to file a stupid Motion saying, I didn’t have enough time to consult since we were in court at the time.

  12. racerrodig says:

    He says “yes Sir” a few times…….must be the drugs.

    Nelson blew right through O’ Mara’s “…pre – trial…” objection like, STFU Mr. Moron.

    • Malisha says:

      She also skillfully dismissed his nonsense by saying that the State DOES give the defendant the right to a pre-trial hearing. See, she had said the state gave him the right to a pre-trial hearing when OM cut in that he objected to the idea that it was only “pre” trial. She didn’t even dispute the issue. She said the State DOES give the right to a pre-trial hearing.

      The question of whether the state will give the “right” (it would not be a right but a privilege if it even existed) for an “at-trial” hearing or a “post-trial” hearing is not relevant to what she was asking Fogen. She was asking him if he was voluntarily giving up the right — that the State unquestionably GIVES HIM — to a “pre-trial” immunity hearing.

      She’s precise, graceful and rigorous.

      • racerrodig says:

        Yep, Yep, Yep, and it’s legally called a pretrial hearing for a reason. Pre…..I know what it means……Previous to…..

  13. rayvenwolf says:

    So it finally hit me what today’s theme song is. Johnny Cash’s Gods gonna cut you down. BDLR and Nelson were the very embodiment of that song today. The train’s a commin and no one is paying attention to the warning signals.

  14. ladystclaire says:

    This case has been turned into something ugly by the defense. I mean it’s ugly enough just knowing that this kid was even killed by a criminal justice reject, who is claiming self defense when it wasn’t.

    When I was reading what the professor wrote in the above article about DeeDee, it brought tears to my eyes because, I know all to well how this girl was feeling. I have lost both of my parents and a sister so, I know how it is to see someone you LOVE lying in that state. I really couldn’t bear to see that and, I can just imagine her feelings of seeing Trayvon like that because, I couldn’t bear to see him like that either. when my little grand baby passed at eight months of age, I said to myself that I don’t ever want to see anything like that again. that was very painful and, seeing my parents and sister was painful also. some people just can’t handle these kinds of things and DeeDee is one of them.

    I feel that the defense owes this girl an apology and, I mean a PUBLIC one at that, for calling her out to be a liar. the one thing that I can take solace in is the fact that I had the chance to tell those that I love that I LOVED them one more time except for my father. this girl didn’t get that chance and, she also feels some guilt about what happened to Trayvon but, she has no reason to feel guilty. I wish I could talk to her and give her a big hug and tell her just that.

    • I wish I could too.

      What they are doing is shameful and unnecessary.

      • ladystclaire says:

        It really is that professor but, some people have no shame at all. and, these people seem to be lacking in the morals dept.

      • racerrodig says:

        As offensive as he is, I think the wrong guy is wearing the body armor at this point. I can’t believe any lawyer would go this road. Not only is he trying to rewrite the law, he continues to get it wrong.

        Maybe someone needs to slap him real hard and say “..hey dillweed, your clients “…token white friend..” called him “The most hated man in America” and wrote a book with that title.

        Does the expression Duhhhhhhhhhhhhhh mean anything ??

        The best part, well, there were many today, was when O’ Mara objected to the “…pre trial…” wording and she just blew right on through….had to love that one. She used “pre trial quite a few times after that in fact.

    • @ladystclaire

      I know all to well how this girl was feeling. I have lost both of my parents and a sister so, I know how it is to see someone you LOVE lying in that state. I really couldn’t bear to see that

      I know all too well. The pain and grief is unbearable.I didn’t know what to do with myself when my Mom died. I didn’t want to go to work and I didn’t want to stay home. My heart hurts for DeeDee.

    • racerrodig says:

      Well said…they’ll never apologize however. He’ll be convicted and for years that group led by Robbie the Racist will continue on unabated with this same crap.

      What was offensive was when one of the court reporters was concerned about what Robbie the Racist said and / or his reaction to Fogen waiving his Immunity hearing, as if this is a clear cut case in his favor.

  15. George Zimmerman answers questions under oath

    • boyd says:

      was he saying “yes,sir”? When will we get to hear the Mr.Hyde voice of Zimmerman. Thanks for that video.

      • Two sides to a story says:

        Yes he did. I questioned the yes-sirs and listened again to the recording,and he certainly did say that several times. Halfway through Judge Nelson’s questions, he changes to Yes, your Honor.

      • racerrodig says:

        I picked it up immediately….he said yes sir a few times then it sounds like yes ma’am and a few times yesyourhonor, but taking to many sedatives will do that…..just sayin…..!

      • groans says:

        Seriously. He did look heavily medicated/sedated.

        • racerrodig says:

          Oh, he was medicated alright….after all, you can never take too many drugs when going before the Judge under oath now.

          I can see that Motion now…….

          “Well your honor, you should recuse yourself because it was obvious that my client was heavily sedated and you should have noticed that. After all, he did keep calling you sir, in the beginning”

    • Two sides to a story says:

      Listening a third time, I think what I thought was yes sir, could be a mumbly Yes, I am or maybe a sloppy Yes, ma’am yessm- that sounds like yessir. Not a happy camper.

  16. rayvenwolf says:

    Well the nuts are in a tizzy.
    Some highlights – TM was in a car (if THAT was true he never would have run into GZ)
    -John that recanted did NOT recant the part about who was screaming – Uh yeah he did he now says he ASSUMED the person on the bottom was screaming >.<
    -Blackwell's argument about deposing crump is "illogical"
    -Discussing Fogen's weight gain and poor him.
    -Someone actually believes Fogen will be convicted, but that there will be an appeal and the state will drop the case at that point
    -MoM's dog and pony show today have lost one donator.
    -The usual blah blahs about DeeDee
    -rageface over Nelson's rulings on the discovery violations.

    So the usual we're right and everyone else is wrong nonsense.

    • racerrodig says:

      Those silly Zidiots…..will they ever learn.

      I love slapping ’em with a reminder of that “No Arrest Guarantee” from last year….How did that work out ??

      • rayvenwolf says:

        *snerks* Worked out well indeed. I’m sure there is more going on, but I have work clothes to wash and I’d have been tempted to post something. :P. Gonna have to rewatch bernie in action though. Cannot believe I let west put me to sleep. Gods above and below than man is boring.

        • racerrodig says:

          West is boring for sure and O’ Mara is a fruitcake !!

          • rayvenwolf says:

            Which means MoM after this will get passed around, but never partaken.

          • racerrodig says:

            Yep…..I doubt he even get any divorce cases anymore. In fact I doubt someone with a Jaywalking ticket is likely to call.

            Some lawyers are embarrassed by the clients they take…..now clients would be embarrassed by the lawyer they chose.

            Maybe he and Dersh can form a partnership……

          • Lonnie Starr says:

            Ah, they’ll just rename the law office “Claribell & Kelly”, wear some kind of disguise with size 18 shoes and keep on truckin.

          • racerrodig says:

            I’m thinking blue noses being they are so innovative trying to use the “No Trial Defense” and all.

          • fauxmccoy says:

            @racer

            good call, but i say o’mara is a fruit bat with all that ‘arms aflutter’ nonsense.

          • racerrodig says:

            I’ll buy that…..

    • Rachael says:

      At least you said DeeDee and not DeeDees. How many did they think there were at one time? At least 3. LOL

    • Two sides to a story says:

      They’re also openly repeating the name of W8 friend that Judge Nelson had removed from court records, bless (bam) their weasely little hearts.

  17. Malisha says:

    It’s like a B Movie. The serialmurdererrapisttorturer is following the sweetlovingkindallgivingbeautifulyoungwoman and he is getting closer and closer in car-chase after chase on foot after one thing and another and toward the end of the movie, a swat team comes in to save her, and she shouts, “NO NOT NOW I THINK I’M WINNING; DON’T RESCUE ME YET” and they all drop back and put away their weapons. After two more miles of fighting and crashing through rough terrain while the perp chases his prey a superhero comes flying through the sky and lands right between them ready to dispose of the dangerous villain but the damsel cries out, “NO NO — I’M GAINING ON HIM — DON’T INTERRUPT THE PROCESS!” Then they fly over the end of a cliff and roll down a rocky embankment toward a whitewater waterfall 400 feet high with sharks at the bottom and NEPTUNE the SEA GOD rises to rescue the woman but she shouts: “I DO NOT WANT TO BE RESCUED THIS WAY; I WANT A PHOTO-FINISH-RESCUE!” so he slinks back into his watery domain. And then…

  18. ay2z says:

    O’Mara heeds no advice to stop ‘whining’, as the OS article quote him today::

    “We can’t get ready for trial,” O’Mara said. “We will be unprepared for trial because of everything they’ve done to us.”

    • ay2z says:

      O’Mara (above post-hearing video) quote to Tony Pipitone’s question ‘will you do it ;immunity hearing] in the trial?

      “… haven’t made that decision yet… Tony you and I have talked about this,…”

      and O’Mara continues with the assertion at about 7:10 minutes on the video.

      “CRIMINAL IMMUNITY IS GOING TO BE GRANTED TO GEORGE BY THE JURY”

      So, he has not made the decision yet to have an immunity hearing during the trial, which means a judge will decide immunity issues (if it can be done), but then he says the ‘jury’ will grant George immunity.

      So how does that work? The jury is going to grant immunity from civil prosecution? Civil cases with a different standard for guilt or innocence determination?

      And immunity without the jury hearing from the defendant, and immunity granted after the state shows its case to him?

      • lurker says:

        The line he was feeding to reporters is that (because of all the unusual attention) the public wouldn’t buy a judge’s ruling of immunity, so George wants a not guilty verdict from a jury to convince the public that he is not a racist and was only defending himself (because the forensics will show that only one of the two was aggressive).

        Just interesting that he isn’t actually saying out loud that he expects there to be an immunity from prosecution finding.

        Might find himself having to put his client in front of the judge again so she can ask if he fully understands the ramifications of his decision.

        But, I don’t think that this is going to be the end of the issue. Recall O’Mara’s challenge to the judge when she asked George if he understood the process of pre-trial immunity under Florida law. He just had to get in that he disagreed that this was the ONLY procedure.

      • Malisha says:

        I think O’Mara will try some antics during the trial that he will be characterizing as an “immunity hearing” and Nelson will not allow it and then O’Mara will carry on and run up to the appellate court (with the jury sequestered) and ask them to recuse Nelson and then he will make a demand for a mistrial and carry on about how he was hamstrung by an erroneous and prejudicial ruling and blah blah blah whine whine whine and Nelson will rule against him two or three times and Stutzman and the Outhousers (and by then probably Dershowitz again) (“Dershowitz Redux” or “Dershowitz Reflux”) will be screaming about the unfair trial and the railroading of poor St. Fogen and on and on and on until the beginning of the interminable indignant appeals…

        Oh la la and a bottle of rum.
        Did I say “railroaded”? There’s a train a’comin — choo choo

        choooooooooooo! |||||||||||||| [tracks]

    • truthseeker66 says:

      Is he playing for sympathy?Really!! MOM has allowed this case to consume him. He is in a buble and taking advice from Outhouse. I hope today’s hearing will serve as reality check.

    • boyd says:

      I recall Nelson instructing OMara to get the evidence from FDLE back in Sept or Oct.

      I don’t think the Prosecution is MOM’s step and fetch it boy. But MOM seems to think so.

    • Jun says:

      They have not done anything to Omara

      He was told since at least Sept or August, that they had access to go to any source of evidence themselves, whether FDLE, FBI, DOJ, and witnesses (8), and they should depose the witnesses and just go to the agencies and ask for everything they need

      I do not get how that has barred them from doing their job or preparing

      Another point that they refused to answer was “Why did it take over a year?”

      They have had since April of last year

  19. ay2z says:

    Don’t know if the video will link directly, but otherwise, here’s a link to the waiver. (WESH also has raw video of this, but won’t link the video)

    http://www.cfnews13.com/content/news/cfnews13/video.html?clip=http://static.cfnews13.com/newsvideo/cfn/zimmerman-speaks-oath-0430.f4v

  20. Post-Hearing Press Conferences April 30th 2013

    • boyd says:

      He’s hoping for a stupid Jury. The my client is innocent
      because they’re no marks on the deceased line did it for me.

      First, It’s more likely George hit the back of his head when he stumbled and lost balance then some pounding. Second, I’ve seen a few instances where the loser of a fight is the attacker. It’s easier to counterattack then attack. A teenager can easily dodge a punch. Thirdly George’s history suggest he likes to place people in his custody as he did at a store once with a thief or so i heard, I believe he tried to detain the kid for Police.

      These Issues MOM is afraid to discuss, he only brings up what can work for George. That’s his job. I’ve heard the same crap from him for months now. I expect the trial to be the same. George was attacked , here the pictures to show his injuries blah blah blah. Just take George’s word he was not going after Trayvon and not that the unarmed teenager fought back.

      Lastly I’m tired of the press hanging on Mark’s every word. Like it’s gospel. They are dazzled by the BS. Reminds me of the Donald Rumsfeld press conferences.

      • Lonnie Starr says:

        Actually it doesn’t matter that GZ says he was attacked, because the law says if you follow someone with a firearm they have a right to attack you. Of course, GZ is going to have to take the stand to put that defense over, if the media wants to be stupid enough to put their eggs in that basket shame on them.

      • Jun says:

        The SYG specifically states “a right to be where you are”

        He was specifically told that following the kid was unnecessary, therefore, he had no right to be where he was (Fogen)

        • Lonnie Starr says:

          My point exactly! He tries to claim he had a right to get an address, but the truth is no address was needed, the clubhouse was a good enough meeting place he should have waited there, and not gone in the same direction as the person he admits he was following.

          GZ has no right to even be parked near the cut through, because he has already been told by the police who trained him in NW, that he is not to either patrol or follow anyone, just report. Thus he has absolutely no excuse at all for being anywhere near the T, or even on the walkway, let alone out of his truck. Worse yet, because he is also carrying a firearm, another thing he’s been told not to do, he has yet another reason why he should not have been anywhere near Trayvon at all.

          For sure he has a right to go anywhere in the community where he lives BUT NOT for the purpose of following people with his fire arm. Once that becomes the case, whatever he’s doing becomes an illegal act. Since the law does not provide protection to criminals engaged in criminal activities, he has no self defense claim at all. Long before the jury is required to decide who threw the first punch, they will decide that GZ was a criminal in the act of committing a crime. That makes GZ guilty of M2 regardless of what evidence is, or is not on Trayvon’s hands.

        • fauxmccoy says:

          jun says

          He was specifically told that following the kid was unnecessary, therefore, he had no right to be where he was (Fogen)

          no, jun, i believe you have that wrong. as a renter of the RATL, gz had every legal right to be anywhere on the common grounds that he chose to be, as did martin. nothing that he was told by dispatch can negate his legal rights. gz’s failure to heed dispatch’s warning will go to his state of mind and that is critical, but his right to be there is unquestioned.

          • You are correct and that is an important distinction.

            Just because the defendant had a right to walk around the neighborhood does not mean that he could stalk Trayvon in a vehicle and then on foot.

          • Lonnie Starr says:

            His right to be anywhere on the grounds of the community are dependent upon the purposes of and for his presence there. As a NW he has accepted restrictions to his actions and activities, he has accepted that he will abide by the rules, designed to keep everyone safe. The state law is intimately involved because, the state grants recognition to NW persons who are fulfilling their duties in a fashion that is proper by their own rules and within the bounds of the law. GZ stepped outside the bounds of his NW rules and outside the bounds of the law when he broke those rules. Because his own actions forced the statutory protections the state provided to him, to be withdrawn.

            In short GZ has absolutely no case for either SYG or self defense once he admits that his only reason for being in that area, is because he followed someone he should not have. The fact that he induced, the person he decided to follow, to fear for their own welfare, was a crime. Had it not been for W8, we would not have known that this crime had been committed. However, now we do know that a crime was committed before GZ had left his truck, and that when he did leave his truck, he did so in furtherance of the same crime, the following that was causing Trayvon to fear for his life.

            GZ may want us to believe that he was not committing any crime, because he wasn’t aware that his actions were causing Trayvon to fear him. But, the crime does not depend on GZ’s state of mind, it depends only on what the facts of the situation were. The facts of the situation were, an unknown male with a firearm in his possession was following an unknown person who was unarmed and attempting to flee. If GZ had not killed Trayvon Martin, he would, almost certainly have been charged with a crime for his actions. Therefore he’s toast!

      • racerrodig says:

        Yep, that Trayvon had no defensive marks, well except for that fatal gunshot wound, so that proves my client is innocent line was an all time show stopper folks.

        1 + 1 = 45.

      • Jun says:

        LOL Well if he is so confident with the no marks line, why does he not feed it, at an SYG hearing?

        Oh yeah, the press are not going to question him on the claim, so he leaves undebated

        Aren’t lawyers supposed to be able to debate?

        Not this one LOL

        and even if we were to objectively look at Omara’s claims of markings, the following can also be true…

        a) Fogen killed the kid and the kid was unable to actually defend himself, then staged his own injuries. Therefore the only wound on the victim is a gunshot and Fogen has his chicken scratches.

        b) Fogen had premade injuries ahead of the killing, chased the kid the down, scared the kid, the kid screamed, and Fogen killed the kid anyways.

        c) While chasing Trayvon, Fogen ran into a tree branch or fell into a bush, then caught and grabbed Trayvon and then killed the kid as he pleaded for his life.

        Even with Omara’s alleged “evidence”, there is still 3 or more possibilities and reasoning for the evidence, especially since, there was no dna transfer at all on the victim regarding any type of attack from the victim

        • racerrodig says:

          Don’t ya just love when O’ Mara says the forensic evidence proves his clients innocence??????

          Really Markie….tell us……and be specific, since you keep telling the Judge to make the Prosecution do your work and find out facts for you……be very specific……

          • Lonnie Starr says:

            The idea that O’Mara is trying to get across is, his client is obviously innocent but, that dastardly prosecutor keeps that fact concealed, by hiding it behind all that incriminating evidence!

            Clearly without all that incriminating evidence the Prosecution is brandishing about, The Fogen would be home free! So that evidence should be pushed aside so that Fogen can get a fair trial!

          • The only reason fogen will be convicted is to prevent the riots that are sure to happen should he be convicted.

            so say the zimbots.

          • racerrodig says:

            Aha !! The old “Bar the damning evidence defense”

      • jo says:

        everyone has a right to be wherever the hell they want. but Trayvon was were he was because he was going home, the only reason GZ was there was because he was following Trayvon. Trayvon was in his own back yard. He belonged there because his father was there, it was as much his residence as anyone living, renting, staying there. GZ was there only because he profiled someone and followed them.

        Where i come from if a creepy man follows a youth home it is all over the news and the follower is considered a threat to society and everyone is warned. If he receives a punch in the nose it’s because he deserved it and the youth would be considered brave. Lucky for us we don’t have regular joes walking around the streets armed and if said pervert shot the kid he was following he would need to sew his butt closed before being encarcerated because even criminals don’t like a child predator. His next wife would be called Frank.

      • Malisha says:

        @ Lonnie Starr:

        The idea that O’Mara is trying to get across is, his client is obviously innocent but, that dastardly prosecutor keeps that fact concealed, by hiding it behind all that incriminating evidence!

        Clearly without all that incriminating evidence the Prosecution is brandishing about, The Fogen would be home free! So that evidence should be pushed aside so that Fogen can get a fair trial!

        Brilliant! It’s because of their formula.

        AXIOM: It is not fair to punish a decent American for killing a suspicious Pba-lack kid.

        COROLLARY: Fogen should walk and get promoted to King.

        PROOF:

        1. It was wrong to charge Fogen with a crime
        2. The prosecutor therefore did wrong
        3. It is right to oppose wrong by any and every means
        4. It is wrong to compound the initial wrong by supporting it
        5. All evidence used to prove the crime is wrongful
        6. Therefore all evidence the prosecution uses should be removed from the equation
        7. That leaves NO EVIDENCE of a crime
        8. Therefore it was wrong to charge Fogen with a crime

        STATED DIFFERENTLY:

        1. Fogen is innocent
        2. Therefore the prosecution is lying
        3. The truth is the opposite of a lie
        4. Therefore whatever the defense says is true
        5. Since the prosecution is using the evidence and the prosecution is “lying,” all the evidence is by definition untrue
        6. All untrue “evidence” should be nullified and not permitted
        7. Thus there is no evidence of Fogen’s guilt
        8. Therefore Fogen is innocent

        Now anybody who tries to say either of the above proofs employs “circular reasoning” should take heed of the fact that eight is an even number and even numbers don’t make circles.

        Got that?

    • lurker says:

      O’Mara said that BDLR opened the door to discussion of the screwdriver/jewelry issue–claiming to take the high road by saying that they weren’t supposed to be talking about that.

      Seems to me that Mr. West brought Trayvon’s “criminal record” up by saying that info was included in 150 pages of discovery handed over. De LaRionda’s question about the school board deposition contradicting any criminality slid in before the Judge ruled they had gotten too far afield.

      Mr. O’Mara claims that this will certainly come out in court. Objection–relevance!

      • boyd says:

        oh yeah, the 5 and dime store costume jewelry. Beads from New Orleans.

      • Jun says:

        Bernie will bring up that there’s no criminal record, that the police resolved it and determined that there was no evidence that any crime was committed, and the suspicion of Trayvon was unsubstantiated

        Then comes in all of Fogen and Omara’s dirty laundry

        BooM

    • lurker says:

      You know, the more I think about it, the more it upsets me when O’Mara brings in this line about his client not being a racist. The entire basis of his defense seems to rest on the possibility that there is enough Old Southern racist feeling still floating around that he can convince a jury that George Zimmerman ought never have been arrested, let alone brought to trial for killing Trayvon Martin. And he seems to be preparing a defense based on the suggestion that Trayvon was up to no good, his family are no good money-grabbers, a key witness is a liar, the neighborhood had been vicitimized by burglaries committed by blacks and they are all being pushed into the spotlight by a black civil rights lawyer from a black civil rights firm making lots of noise in the black community to get the attention of our black President and black Attorney General.

      It’s like Mayella Ewell. Take my word over his because I’m white and he’s black.

      His case is shaking out to look like they’re all no good, but they all stick together.

      • FactsFirst says:

        BOOO YAO!!!!!

      • You are correct.

        This case has been all about racial prejudice starting with the defendant’s assumption that Trayvon Martin was “up to no good” because he was Black and his lawyer’s crass decision to exploit racial prejudice, fear and hatred for fame and fortune.

        Each time I think the case cannot get any uglier, O’Mara does something else to lower the bar.

        I do not have any respect for him.

  21. Operacarla says:

    I have an opinion on fogen’s remarkable weight gain. I think he knows he’s going in for 35+. He is packing all of his favorites…In and out burgers, Popeyes Chicken, Waffle House, Taco Bell etc. He knows he will be in his 60’s before he gets another Krispy Kreme.
    Half a mil and still no experts. In fact MOM has the nerve to ask for no experts on the 911 call and let the jury decide. Crazy!

  22. Trained Observer says:

    “In my opinion the waiver is bullet proof and will withstand appellate scrutiny” — Frederick Leatherman

    That’s what I wanted to hear! .

    • racerrodig says:

      Yep !! And despite what the defense thinks they don’t get to jump up in the middle of the trial when the reality of a guilty verdict sets in and say I now claim Immunity…..it’s “Immunity from Prosecution” for a reason…..not “Immunity form Prison Time”

  23. rayvenwolf says:

    Listening to West and MoM play patty cake put me to sleep, but I did wake up to hear most of BDLR’s most epic smackdown on cross. i am so very glad this happened today.

  24. ay2z says:

    clickorlando report comments with a legal analyst who says the defense can still go ahead with immunity during trial, just had to get the waiver done first to do it that way.

    So, does this mean they are planning to violate the client’s right when they get this inserted into trial, failing that, getting it done post trial if convicted, or gaining immunity from civil actions post trial somehow?

    What ARE they planning? Are they somehow going to use the trial as evidence for immunity without allowing client to testify? Do they have evidence that will make up for his testimony to prove lack of guilt or otherwise not culpable by some explanation for his actions that night?

    Zimmerman’s attorneys had been coy on the matter, announcing they would not use the two weeks that were set aside for the hearing in April, suggesting they may ask the judge to conduct the hearing during the trial, but didn’t commit to a waiver of a pretrial hearing nor a process merged into the trial.

    O’Mara told Nelson there was nothing in the law that required the immunity hearing to occur before Zimmerman’s trial and could be requested after prosecutors presented their case.

    Local 6 legal analyst Luis Calderon said it’s necessary to get Zimmerman’s consent that he knows he has to raise the motion for pretrial hearing before the trial begins.

    “You want to make sure they’re aware of that fact and that it’s a strategic decision on the part of the defense to go ahead and do it in this manner,” Calderon said, continuing that Zimmerman can still seek self-defense immunity during as part of the jury trial.

    • boyd says:

      I hope they do it. it will backfire on them. The Jurors will know his lawyers don’t think he can win.

    • Malisha says:

      You can raise a self-defense claim before the jury and you can even raise a “stand your ground” defense claim before the jury; but you cannot raise an “immunity hearing” before the jury. By definition, immunity means you have no prosecution. A jury is only empaneled during a prosecution. Duh…

      O’Mara’s trying to use semantics to hide the fact that he and his client have given up the right to an immunity hearing. Buh-Bye!

      • Rachael says:

        Even if somehow you could, it seems rather pointless. I mean the whole reason for having it before is well…y’all know what I mean. This is crazy.

    • Jun says:

      Petersen vs State

      Gray vs State

      both laid the foundation, even appellate wise, that an immunity hearing is a pretrial motion and the burden lies with the defense to plead it’s case for immunity

      3.190 states that it has to be properly raised and there is deadlines set

      The most he can do is claim self defense at trial and it is up to the judge to provide instruction or not

      By then it is an affirmative defense

      I googled and that is all the info I could find so I am fairly sure I am correct

      • Dan Q. Smith says:

        Do they have this thing called ‘Google” in Orlando? /s

      • Jun says:

        Google is a worldwide network, so I am guessing, it is a resounding Yes, they have google

      • racerrodig says:

        You are correct. It’s called a Pre Trial Motion for a reason. Maybe I’ll call O’ Mara and try to explain it to him.

      • Nef05 says:

        Oh, good. I was hoping someone else was curious. I wasn’t sure if I was just reading into it what I wanted to see.

        Add Dennis vs State to your (mental) list above. I posted the link to the Florida Supreme court decision (references Dennis and Petersen), and the relevant procedural portion quote it contains (from the same 3.190 you listed) in the professor’s new article.

        Glad to see we both came to the same conclusion. Independent corroboration always always makes me feel more confident in my arguments. 🙂

  25. ay2z says:

    Did anyone notice the expression of the court deputy when the client was waiving his rights to immunity?

    Don’t know what he was thinking, bu but he was thinking something, afterall wouldn’t it be his buddies in Sanford, who decided not to arrest this admitted killer and were criticized for that decision?

    That criticism was proven right today, in court, under oath.

  26. ay2z says:

    LLMPapa checks off one more day on the countdown calendar….

    • racerrodig says:

      Yep…..it sucks to be Fogen. Papa, the look on Fogens face after the hearing as they were packing was priceless. That little blink of the eyes and that stare into infinity.

      Then he makes a call and he’s nodding up & down as if the person he’s talking to can see that……or was that person saying “…hey !! I see you on TV !! Nod if you can hear me” Like people do at ball games when they are on the phone with someone who says “Hey !! you’re on TV !!”

      • boyd says:

        because he realized, “hey they’re fighting over money what about little ole me?”

        • racerrodig says:

          When O’ Mara said they’re not getting paid at 400.0 an hour and 350.00 but FogenPhoole is running up the debt I like to laugh myself to death…..really counselor ??? And does “License Plate Stamping” pay that much as to expecting your client to buck up??

      • YvetteEU says:

        Smile you on candid camera lol…Or better one. Fogen he still thinks that he just got punked by Ashton Kutcher. lmao

        • racerrodig says:

          Oh, he’ll get punked one day, that’s for sure. Those beady eyes, stare, blink, look left, look right, stare, blink, blink, stare………

          Love your Avatar by the way.

      • Malisha says:

        I bet the phone call was from big-sister and she was telling him, “Don’t worry; once they get your immunity defense in front of the jury you’ll be out of all this in a flash. And I hear there’s a million-Afro-Peruvian march on the mall being planned in Lima.”

        • racerrodig says:

          You’re killing me……In Lima ?? Did that Token White Friend organize it. He did say on National TV that Fogen had so many black friends that they could have a march for Fogen.

          Really……I’d say Joe “Rent a Friend” Oliver will have to carry all those “Free the PhattyFogen” signs all by himself…….just sayin’

      • Jun says:

        Lord Have Mercy

        If Bernie was saving the goods for trial and today was a simple sample

        They’re in for a rude awakening LOL

        Even in court today, I felt the whole court was behind the state on the issues at hand

        • racerrodig says:

          O’ Mara still has no idea as to what they’re walking into….I mean what BuZZSaw they’re walking into…….

          Whirrrrrrrrrrrrrrrrrrrrrrrrrr Zinggggggggggggggg

      • Jun says:

        Omara at first bond hearing

        “I am taking the case on Pro Bono”

        Omara today

        “I am charging Fogen $300 to $400 an hour, of which, he cant pay me and he is in debt”

        LMAO

        • racerrodig says:

          These guys are a laugh riot !! I wonder how many comedy writers they’ve been through at $75.00 an hour. Lorne Michaels is probably as envious as could be about now.

          Do they actually sit around and dream these lines up…..or does it just happen ?????

        • Lonnie Starr says:

          JN said she’d make that decision reimbursement for the defense after the trial was over, that way she spares them the embarrassment, of being reminded in public, that their pay scale, as pro bono, is null.

  27. towerflower says:

    Just announced, the jury will be sequestered for the trial.

    • boyd says:

      This trial could take months. They said two weeks no way. MOM/West/Zimmerman will throw everything including kitchen sink at the Prosecution. This will be very ugly.

  28. Bahama Mama says:

    Did anyone hear the interview O’Mara gave HLN after the hearing? I believe I heard O’Mara say both prosecution and defense had the 911 tapes cleaned up and enhanced, and that the results were “all over the place” and that the defense was going to ask the judge to not allow ANY of the analysts to testify…from either side! And instead just let the jury listen to the tapes, and decide for themselves.
    Sounds like FEAR to me.

    • ay2z says:

      Sounds like playing to the jury pool, to me.

      • groans says:

        Sounds like no defense expert, to me.

        • racerrodig says:

          “….your honor since our audio expert said it was Trayvon, er, my client screaming………(damn it, that didn’t come out right) that is, we object to any of the prosecution’s experts because quite frankly, that would be prejudicial to my client”

    • racerrodig says:

      Yep……not to mention he probably has no expert who will be willing to swear it’s Fogen screaming. The issues with the calls are insurmountable. There are 2 voices and the one screaming goes silent at the gunshot. You can hear one voice doing an interrogation…..what, was Trayvon asking Fogen who his friends are ??

      • boyd says:

        This tape I have not heard, so there’s another voice after the gunshot is heard.

        • racerrodig says:

          No, but there are clearly 2 before the gunshot. The gunshot silences Trayvon who was screaming. The big common sense question for the jury is why would Fogen stop screaming at the gunshot and how did he think of all the shit he claims at the same time.

          • Lonnie Starr says:

            Most especially since he claims that he thought the shot had missed and left his lethal assailant uninjured and ready to finish him off. So, by his own account the screaming should have continued past the gunshot. Some words are heard between the screams, my guess is GZ is speaking loudly to be heard over the screaming. Unlikely that someone asking questions is also screaming in terror.

            At least, not while holding on to their supposed assailants garments, pulling them down to the side and towards himself with one hand, while the other hand works with the firearm. Who screams in terror while aiming a firearm at someone??? Are unarmed children with their hands at their sides that terrorizing?

          • racerrodig says:

            “Are unarmed children with their hands at their sides that terrorizing?”

            Evidently if FL they are.

      • FactsFirst says:

        I was listening to that 911 recording yesterday and I noticed that at the very end of the call, it sounds like ole Jeremy is having a conversation with someone on the background.. But what really made me think alot (curious) was BDLR’s interview with the same witness, he asked her if someone else was in their condo??? I believe fogen was speaking to Jeremy right after he shot Trayvon and a few seconds of that conversation was caught on tape… I can’t wait to hear the cleaned up version..

        • racerrodig says:

          I believe that part is correct. I thought it was about others outside talking as part of ongoing between Fogen and someone.

          • Lonnie Starr says:

            There’s something else the jurors are going to have to think about. Before the gun shot there’s all this noise and screaming, everyone stays distant and apparently is deathly afraid. After the shot is fired, however, everyone relaxes and begins to drift outside for a bit of conversation with the shooter?!? Wha??? Did they want the kid dead? I mean, if they were so scared before the shot, why wouldn’t they wait inside for the police to arrive? Instead, after the shot they start coming out within seconds, before the police can get there, and they’re holding a conversation with the gunman, in the same darkness that prevented them from seeing who was who or what was what.

          • racerrodig says:

            Somewhere along the line over the last year I read that one of the residents there said or was led to believe that Fogen was hell bent on doing something like this. He has 26 known complaints about his behavior / activity as the NW Bulldog.

            This, to me, was just a matter of time.

          • Do U have a link to the RTL complaints against fogen?….I’d LOVE to read them….

          • racerrodig says:

            Start here and I’ll find the others.

            http://stfuconservatives.tumblr.com/post/19244106076

          • Lonnie Starr says:

            I’ll bet the HOA’s hop to it when someone comes with a complaint about NW now!

          • racerrodig says:

            Maybe they don’t have one now. That would be the best thing. Let the police handle the crime and let the peeps call them. After all, NW’s are not mandatory. I was on one for 10 years or so.

            Key word “Watch”

          • Lonnie Starr says:

            Yeah, “watch”, watch out for anyone pushing to establish one, who also wants to be the leader and owns a gun, has no history of steady employment, failing grades and fake graduation parties. Did I miss any signs? Oh and a Rent-a-Friend! 😆

          • To my knowledge fogen didn’t own a gun……”It was shellies gun that killed Trayvon”

          • Lonnie Starr says:

            So make that: “Who carries his wife’s gun with him everywhere he goes!”

          • Prolly wears her panties & Lingerie too……

          • racerrodig says:

            He sure doesn’t have enough to fill out a jock strap, that’s for sure.

          • Lonnie Starr says:

            Hahaha… Racer git over there to the time out chair!

          • One does have to wonder how big fogens balls would have been if Trayvon were 6’4″ 240 lb. linebacker ?

          • Please use a different avatar. The Confederate flag is an offensive reminder of slavery to many people, including me, and I do not want it displayed on my website.

          • Notice the big REDNECK across it?……..

            I did that as to someone I believe referring to me as a racist….

            You speak of the constitution?….many of the signers of the constitution & the bill of rights were slave owners themselves….so much for hypocrisy….

            I have that very same flag flying outside the cabin….under the stars & stripes

            With that said I shall now leave your blog

          • Sorry that you feel that way, but I will not change my mind.

            I did not accuse you of being racist and I do not believe you are racist.

            You are welcome to return at any time.

            All I ask of you is to please use a different avatar out of respect for me and many others who come to this website.

          • I have the right to freedom of expression also…and am exercising that right.

            Just block or ban me and be done with it…Nuff said.

          • Come on, now.

            This is not about freedom of expression; it’s about showing respect for others when you are in their house.

            Like I said,

            All I ask of you is to please use a different avatar out of respect for me and many others who come to this website.

          • Like I said……..ban me, or didn’t you understand that?

            I AM NOT a PC person.

          • No need to get nasty with me. I am not a PC person and I do not follow your orders.

            You are acting like a two-year-old.

          • Ya know…..I just got home….before reading the messages….I posted an apology to you….I’m reading them now….You really could have left out the 2 year old…….I DO take offense to that.

            One that understands cognitive thinking would not have stated such…as not many 2 years olds can type like this or use the vocabulary I am.

            NOW…..I enjoy learning from your blog. I DESPISE fogen and all he represents and stands for….

            Ur Call

            Just Me

          • I am really happy you’re back. This place would not be the same without you.

            I apologize for saying you were acting like a 2-year-old.

            Welcome back.

            Fred

          • TY….TTYL….Had the prescriptions refilled in town………..Mates calling 😉

          • racerrodig says:

            Whewwww. I hate to see any distension in the ranks.

            Professor, I took PihranaMom’s post about “Love” on the other recent blog and did a rewrite. If my sons band can record it on video can we post it here as a dedication to Team Trayvon and in memory of Trayvon Martin & his family??

          • Race….You’re welcome here anytime….U even have the satellite map of the cabin…..

            We disagree about something around the fire?…….we’ll slap the shit out of each other….then go back to the fire and keep on drinkin’

            The Prof. is right tho….it is his house….and that I MUST respect…

            The rest can go to hell if they have a problem with it….IMHO 🙂

          • cielo62 says:

            Racer- sorry. I’m already distending and getting more so. Just can’t lose the weight!

            Sent from my iPod

          • cielo62 says:

            MMP- well, 2 year olds get tantrums. Your cognitive functions are of a 22 year old. 😉 Your OTHER functions, ask Bisquit!

            Sent from my iPod

          • Prof….After a ride to town….and a long talk with the dog…I owe your an apology….to wit

            What others “think” or are offended by the rebel flag….I could really give a shit……To me it’s a play on my heritage…and at heart I am a Redneck.

            When you said “My House”?……..Well now that’s something I HAVE to respect….just the way I am.

            A man’s “Home” is to be respected….

            Ask YAHTC…I have a zimbot lives down the mountain from me…taught me a lot about these rocks….yet last summer sitting here and fogen comes up????and he supports him??????? Haven’t spoken to him since last July or August……..I will have NO ONE in my home that supports fogen whatever redeeming qualities. Again, just the way I am.

            I misunderstood the other persons post this morning…..They have since explained that they meant no ill intent toward me….or saying I was a racist.

            Again, my apologies to the blog.

            Hope Ya’ll like the new avitar?

            Ur call Prof.?

            Just Me

          • Lonnie Starr says:

            Cowardly GZ wouldn’t bother, for one, he couldn’t get close enough to assure a kill shot with his cheap little pop gun, if the linebacker got on top of him he’d be done for and he knows it. GZ looks for toddlers or the next best thing, he has to be guaranteed safety or he hasn’t the courage to move. Notice he never get anywhere close to Burgess?

          • Ya know….one of my sons got kicked out of school a few times for fighting………..He beat up bullies…….standing up for the underdog.

            No different than with me here now and Scarface……..She gets special treatment 🙂

            Another’s a gearhead Race…..races Rally Cross ’89 Nissan XS or sumtin’…..gutted….rebuilt engine….by himself. To the extent I need to wear Depends when I go for a ride with him…..Also sponsored by the “Wounded Warriors Project”

            And as I’ve mentioned to the Prof…. the oldest (40 in Nov) is a lawyer.

            My Daughter?……..She’s a Mommy of 3….and a good one 🙂

            Just Me

          • racerrodig says:

            It would have gone like this.

            “…..um, we’ve had some break in’s in my neighborhood and …..um, there’s a real suspicious black guy. ……….um, I can see him through my binoculars and he’s up to no good or sumptin.”

            “…do you live in the area?”

            “…uhhhh, yeah…”

            “….I can’t see everything but I think he’s got a hoodie…..not really sure……….wait, let me adjust my binoculars a little more…..”

          • racerrodig says:

            Opppps, did I say something wrong?? I meant, he’s not man enough to carry my jock strap.

          • racerrodig says:

            My dad always said “….any civilian who leaves the house with a gun is looking for trouble”

            Frank “The Racist Tank” Taaffe said “……when you leave the house with a gun, or any weapon, it’s out of pure anger”

            He also said “….he was mad as hell and not going to take it anymore”

            Hmmmmmmm.

          • Lonnie Starr says:

            Fogen is going to discover that he’s not the only one in the world whose mad as hell… As far as “taking it anymore” the juries still out on that, but I strongly suspect most people are taking it and will continue to do so. But people like Fogen who decide to do utterly stupid and unfeeling things about their anger problems, are going to discover that life doesn’t get any easier from there.

          • racerrodig says:

            As far as the good like he and SheLie so casually joked about about a year ago….I can assure him today is as good as it gets.

            So enjoy that GPS Jewely now Fogen, because when it comes off the next sound is………….

            III+> Clink – Clank <+III

          • Lonnie Starr says:

            |||=> Tick Tock! <-|||

            Hoodies up!!!

      • Malisha says:

        Remember in one of Fogen’s interviews he said that AFTER the shot a neighbor said he was calling 911 and Fogen told him, “no don’t — I already called them — help me restrain this guy — because he [Trayvon Martin] was still struggling and cussing”

        I may have that paraphrased instead of verbatim but the word “cussing” was there. So enhancing those tapes should be very interesting not just with respect to Fogen’s statements but also the various neighbors’ statements.

        • racerrodig says:

          That’s what he said but the neighbor with the flashlight stated that’s not what happened nor was said. I don’t think any of that was caught on any of the other 911 calls, but I could be wrong.

          No matter, he doesn’t want the witness to live but says call my wife and “…tell her of my 1st confirmed kill…”

          So in the long run, he has no more ground to stand on…..nor a defense. Where was SheLie today ???

    • lurker says:

      I guess he is tipping his hand regarding the evidentiary hearing. I think he wants Judge Nelson to rule, without hearing them, that the experts cancel each other out–so let’s not have any experts.

    • Two sides to a story says:

      Yes, he’s peddling very hard and making less and less sense and going nowhere fast. Sort of like Alice and the White Queen . . .

    • towerflower says:

      Sounds fishy to me, trials seem to always have the battle of the experts. One side says yes and the other no and the jury is then left to decide on who to believe. For him to say he wants the analysts out makes me feel like his “experts” don’t have a good siding with his client and it won’t survive a BDLR cross.

      • Malisha says:

        You’d have to be one hellovanexpert to survive a BDLR cross. And any helluvanexpert would want to stay away from the defense side of this trial, especially about the screams and so forth, because they DO want to keep working and they don’t want, “lost the Zimmerman case big-time” on their resume.

        • So they’ll end up with bottom of the barrel “experts” like airyass did with Samuels and LaToilette…

          Ya know if you toasted fogen long enuff to turn into carbon he could be a Black / Afro /Peruvian / Puerto Rican….he’s already well done.

        • cielo62 says:

          Malisha~ Hence the total silence coming from “expert” Knox.

          ________________________________

          • racerrodig says:

            Oh yeah !! His silence is deafening also. I guess Papa slapped him shit less……since that’s what he was full of.

          • Lonnie Starr says:

            Knox??? Hahaha… The guy whose work Pipitone was going to lean heavily on, what losers.

          • racerrodig says:

            Kind of falls under “I’ll counter your Knox with LLMPapa…..oh and a dose or reality”

      • Xena says:

        @towerflower.

        For him to say he wants the analysts out makes me feel like his “experts” don’t have a good siding with his client and it won’t survive a BDLR cross.

        BINGO!

  29. ay2z says:

    Judge Nelson questions the defendant, tells him that the state provides for a pre-trial event and at that hearing, the defense bears the burden of proof… “do you understand that?”.

    O’Mara (before his client can answer) states–

    “Your honor, I have an objection. I contest that it is merely a pre-trial event.”

    With respect to of all we have learned about the problems with inter and post-trial immunity hearings, where could he be going with this and how does he assert his right for the jury to hear the immunity defense during trial.

    And the problematic issues aside, does he hope to toss Judge Nelson before or before end of trial, in hopes of getting a new immunity hearing judge? What else could he be doing?

    Is there some defense available to weight-gainers that we don’t know about?

    Why would counsel advise client to answer ‘on advice of counsel’..? How could they possible use this except for the client to say he got bad advice from counsel?

    • Malisha says:

      Eventually Fogen WILL claim that his trial was unconstitutional because he had bad advice of counsel. In a federal habeas after he has lost all his state “hail Mary’s” I am guessing.

    • O’Mara objected to Judge Nelson’s characterization of the immunity hearing as a pretrial hearing because he wants people to believe him when he says he hasn’t waived it because he can still raise it at trial.

      For reasons I have previously expressed, I don’t think he can do that. BDLR agrees and I’m pretty sure Judge Nelson also agrees.

      She set aside the last two weeks of April for the immunity hearing and gave him a deadline to file a motion requesting it. He didn’t and the deadline has passed.

      The “advice of counsel” qualifier was added to condition the waiver and hopefully to provide a basis to withdraw it, if the trial goes badly, on the ground that the advice constituted ineffective assistance of counsel.

      This is SOP that is unlikely to work because the validity of the plea will not depend on the outcome. It will depend on the reasonableness of the advice at the time of the plea.

      The advice was reasonable because the defendant has no defense and cannot risk certain evisceration of his credibility this close to trial.

      • bettykath says:

        I think the best MOM can hope for is a hung jury. The prosecution can decide to retry or not. What if MOM brings up a motion for an immunity hearing at that time? In the case of a hung jury, at least one person sees reasonable doubt. Perhaps the judge would see a preponderance of the evidence that it was self-defense. The purpose of the immunity hearing isn’t just the criminal trial, but also the civil trial which also requires only a preponderance of the evidence for a finding of guilty. (all statements are “is this correct?” )

    • lurker says:

      I believe that O’Mara is still offering the illusion that it is possible to “fold it in” (meaning the immunity hearing) to the actual trial.

    • Leisa says:

      I thought I Heard O’mara say they were waiving his criminal immunity. Is there a difference? He is up to something with that.

  30. Unabogie says:

    Seems like Talkleft has all but abandoned this case. No thread for the live hearing?

    • @Unabogie

      Whoa! No thread? What’s up with that?

    • Two sides to a story says:

      JM has been avoiding posting threads on Fogen’s case for a few weeks. I get the distinct impression she doesn’t like the way the case is going and doesn’t want to be embarrassed about her stand on it. She’s been commenting briefly with Fogen supporters in the Forum and still has her strict commenting rules back there behind the scenes. There aren’t too many TM supporters left back there either – it’s mostly like an echo chamber of many of the same folks who post at Diwataman’s or Rumpole’s RT and even at the Treestump.

    • Malisha says:

      Israeli Jews used to say that the only time any two Arab countries could cooperate was in attacking Israel. It seems to me that “Talk Left” and “The Outhouse” displayed this same quality in that the only thing they could get together on was their common deification of a racist childkiller. And it’s a strange bed that these two strange bedfellows are in…

      • ewww!
        never seen her site. but i understand what your saying.
        yes its telling when those two creepy groups would rather get behind such a true loser nobody of an afro Peruvian and hate the decent, non-violent, good-looking black kid with a future!
        no reason, just more racist towards a black kid than a Spanish guy.
        and gz and joonyah will be shocked and amazed how quick these same racist idiots will turn on the next afro Peruvian that does something offensive to anyone whiter!

  31. ay2z says:

    “Could you let Mr. O’Mara know court is in session/”

    Judge Nelson

  32. racerrodig says:

    The best part was when O’ Mara asked when this would start “…to be tried on it’s merits…” I apologize in advance, but I’ll stick with Moron O’ Mara as a name. Who did he think he was impressing with that one?? Thank God the camera didn’t show Judge Nelsons face on that one.

    When they were done, the camera view of Fogen was priceless. He was a deer in the headlights.

    • Two sides to a story says:

      He knows he’s had.

    • Michael Stewart says:

      “The best part was when O’ Mara asked when this would start “…to be tried on it’s merits…”

      Answer: On June 10 when the trial begins.

      Someone needs to remind O’ Mara that the case isn’t being ‘tried’…yet; except in the court of public opinion by the defense team. O’Mara just admitted as much.

      You’re doing great work Frederick!

      Thank You

      • racerrodig says:

        Another goodie was when the depositions / evidence was being discussed and BDLR had to jump on West when he stated that one of the defense witnesses was going to state that There was a gun under Trayvon’s body…….Bernie sliced & diced him on that one.

        Nooooooo Mr. West that was not a gun and the investigator set that straight long ago, don’t go down that road.

  33. Two sides to a story says:

    Judge Nelson handled each motion in a tidy fashion.

  34. Tzar says:

    this hearing gave us a nice preview of Bernie’s chops

  35. fauxmccoy says:

    exquisite court theater today!

    • Lonnie Starr says:

      There was no JOY in ZeeVille, the mighty Fogen had struck out!!!
      😆

      • racerrodig says:

        And Moron O keeps telling the press that a jury will find him Immune??? Funny, the laws we all read say the Judge and only the Judge can do that. Seems Mr. Moron O is just a bit confused.

        Maybe he took 7+ years to fail some class or other, may “Court Procedures” or “Interpretation of the Law” ??

        On the other hand Judge Nelson, when interrupted by Markie O, blew right past his objection to the legal wording of “Pre – Trial” with a STFU look and just kept going.

        Markie O is now nothing more than “..one of those silly Zidiots”

        • Lonnie Starr says:

          He’s from another world, “Divorce Court”, where, I understand, they don’t do forensics and the team with the wildest imagination often wins.

          MOM probably only dimly remembers learning some of this stuff in law school, a long long time ago in a galaxy far far away. Unfortunately for Darth Fogen his little death star is falling fast.
          |||=> Tick Tock! <-|||

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