Tuesday, May 28, 2013
Judge Nelson denied the defense motion for a continuance of the trial.
None of the information about Trayvon, which caused the big hullabaloo last week after the defense improperly released it for publication to the Orlando Sentinel, will be admitted into evidence at the trial because all of it is irrelevant and inadmissible.
However, Judge Nelson granted O’Mara’s request for an evidentiary hearing on his motion for sanctions against BDLR for alleged discovery violations pertaining to that information. Unfortunately, she had to continue the hearing to June 6th because O’Mara did not have all of the witnesses he needed to present his case.
I do not believe that he has a legitimate argument, since the evidence is not admissible at trial or exculpatory, and the prosecution disclosed it to the defense in timely fashion back in January. O’Mara claims that the disclosure was not timely because he was provided with raw data that he could not interpret.
However, he specifically asked for raw data, which is a proper request, and he should have retained an expert and/or the software program that is used to interpret it. His failure to do that cannot be blamed on BDLR.
FYI: Defense counsel should routinely ask for raw data, since it is the actual result and less susceptible to misinterpretation. Note that O’Mara waited until after the panel of 500 potential jurors were summoned to jury service. His delay in filing his motion for sanctions suggests that he was more interested in gaining a tactical advantage with that motion than he was in obtaining an interpretation of the raw data.
Judge Nelson granted the defense request for a Frye hearing regarding the admissibility of expert testimony identifying the person who uttered the terrified death shriek. She scheduled the hearing for June 6th and 7th and will permit expert witnesses on both sides to testify by videophone.
The defense still has not endorsed any expert witnesses. Remains to be seen, if any legitimate experts will disagree with the State’s experts and if they have the money to pay an expert. I doubt that they do.
At a press conference after the hearing, Robert Zimmerman, Jr. aggressively promoted the conspiracy theory that I wrote about in my last post.
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