Judge Debra Nelson denies defense motion for judgment of acquittal

July 5, 2013

Friday, July 5, 2013

Good evening:

Judge Debra Nelson summarily denied a defense motion for a judgment of acquittal this afternoon after the State rested its case.

The first witness called by the defense was the defendant’s mother, Gladys Zimmerman, who identified him as the person who uttered the terrified death shriek that is audible in the background of a 911 call. However, she admitted on cross examination that she had never heard him scream for help or cry out like that.

Her testimony contrasted sharply with testimony this morning by Sybrina Fulton, Trayvon Martin’s mother, who identified him quietly and sorrowfully without equivocation.

The State rested its case after presenting the testimony of Dr. Bao, the Assistant Medical Examiner who performed the autopsy on Travon Martin. He described the gunshot wound as direct from front to back with the hollow point bullet passing through the front and rear wall of the right the ventricle before coming apart and scattering in different directions finally coming to rest in the pericardial sac.

He testified that Trayvon would have been conscious and in pain from 1 to 10 minutes but unable to move or speak during that time. His testimony contradicts the defendant’s claim that Trayvon sat up and said, “You got it,” or “You got me.”

It also makes it extremely unlikely that he did not know that Trayvon was dead before the police arrived, contradicting his claim on the Sean Hannity Show that he did not know that he’d hit Trayvon when he fired the shot and did not find out he was dead until someone told him at the police station later that evening.

The defendant’s claim on the Sean Hannity Show that he has no regrets, would not do anything differently, and everything happened according to “God’s plan,” is chilling in light of today’s testimony.

Judge Nelson recessed the trial for the weekend until Monday morning at 9 am EDT.

Between now and then, the defendant will have to decide whether to testify or remain silent.

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Many Blessings to Sybrina

June 13, 2013

From LLMPapa

and all of us.


Dispute regarding publication of settlement amount is a tempest in a teapot

April 19, 2013

Friday, April 18, 2013

Good morning.

The dispute regarding whether the settlement amount should be publicized is a tempest in a teapot.

A defendant in a criminal case has the right to cross examine a witness against him regarding any bias or prejudice the witness might have that might influence their testimony in the case.

To facilitate discussion, let us assume that the case settled for $1.75 million.

Mark O’Mara wants to know that amount so that he can argue to the jury that Tracy Martin and Sybrina Fulton were not credible witnesses when they identified Trayvon as the person who uttered the death shriek.

For example, he could argue that they had 1.75 million reasons to lie.

As distasteful as such an argument would be, I believe the defense has a right to make it.

Whether it would make any sense to cross examine them about the settlement and to argue that they lied when they identified Trayvon as the source of the death shriek is another matter.

I do not believe there will be any doubt that Trayvon uttered that shriek because he was unarmed and the shriek abruptly ended as though silenced by the gunshot.

There is no credible argument that the defendant uttered that shriek as he pulled his gun out of the holster, extended his arm, aimed while making certain that he would not shoot his left hand by mistake, and pulled the trigger simultaneously stopping his scream.

To argue to the jury that Trayvon’s parents lied for financial reasons would be to invite scorn, if not hatred, and prejudice the defendant.

Nevertheless, if O’Mara wants to be stupid and venture into an area where no one with an ounce of sense would dare to go, the law erects no barrier and permits him to make a fool out of himself.

I doubt he is that stupid. I suspect he is merely posturing and would not dare go down that road.

Judge Nelson could dispose of this motion by ordering that the amount of the settlement remain confidential for now, subject to reconsideration if Trayvon’s parents testify.

Let him dare to bring it up.

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O’Mara out of time in Zimmerman case

April 16, 2013

Tuesday, April 16, 2013

Abbyj said,

Omar will ride the PayPal buckaroo to the bitter end in an effort to squeeze out every last cent. He is hoping for a massive windfall, as fogen received early on. Without any hope of a great fortune appearing, O’Mara will then stand before Judge Nelson, wring his hands, and whine, “I haven’t had the financial resources to hire experts . . . ” Could fogen use this as grounds for an appeal?

Good question.

We begin at the beginning. Appellate courts hate piecemeal appeals. With one notable exception, they will refuse to review a case unless the circuit court has entered a final judgment terminating it. The exception is the writ procedure that permits a party to seek extraordinary relief from a specific order issued by a judge in the circuit court that, in effect, functions as a final order in a case depriving the losing party of an opportunity to present its case and argument in the circuit court.

The defense used the writ procedure to recuse Judge Lester (mandamus) and is now using it (certiorari) in an attempt to get an order vacating (setting aside) Judge Nelson’s order denying the defense motion to depose Benjamin Crump. I do not believe this effort will be successful because I think Judge Nelson made the correct legal decision. Since other witnesses were present when Crump interviewed Dee Dee to determine the cause of Trayvon’s death on behalf of his clients, Tracy Martin and Sybrina Fulton, his efforts constitute protected attorney work product that is not subject to disclosure. Moreover, the defense team cannot show they were prejudiced by Judge Nelson’s order because they can interview Dee Dee and the witnesses who were present. Therefore, Judge Nelson’s decision is not a final judgment or order that functioned like a final judgment by depriving the defense of its only opportunity to discover potentially favorable information for the defense.

With regard to your specific question, the defense would have to file a motion requesting some form of financial assistance from the court to pay for something that the defense has a right to do, but cannot afford to do. The defendant has a Sixth Amendment right to effective assistance of counsel at public expense, if he cannot afford counsel. The right to effective assistance of counsel at public expense, includes paying reasonably necessary expenses for investigators and expert witnesses.

Mark O’Mara and Don West have agreed to work pro bono, so they will not be asking the court to compensate them for the time they spend working on the case. However, their agreement to work pro bono does not mean that they also have agreed to pay the costs that will be incurred to defend their client. Specifically, the court cannot require them to pay experts and investigators.

The internet donations were supposed to cover those costs. According to O’Mara, however, the defense is underwater by approximately $10,000. I doubt that includes the $28,000 claim for services rendered by the security company, unless O’Mara has paid down the balance. Therefore, the defense may be in more serious financial trouble.

Judge Nelson cannot do anything unless O’Mara files a motion. An appropriate motion would be to ask her to enter an order declaring the defendant indigent and entitled to the reasonably necessary assistance of investigators and experts at public expense. Such a motion would have to be supported by a detailed financial statement or tax return submitted under oath. Given the substantial sum of money donated to the defendant via the internet (possibly approaching $500,000) that somehow disappeared and the defendant’s “potted plant” behavior at his bail hearing last summer when his wife under oath denied knowing that he had any assets just a few days after she transferred over $100,000 from the internet account into her personal account via his personal account pursuant to his specific instructions, I think Judge Nelson would refuse to accept anything at face value. I think she would insist the prosecution review the documentation or she might appoint a special master to review it, if the defense were to object. I think the defendant and his lawyers could safely assume that any irregularities would result in additional criminal charges.

If Judge Nelson were to deny the motion to declare the defendant indigent, her denial could be challenged on appeal. The issue would be whether she abused her discretion in denying the motion. In turn that would depend on the sufficiency of the documentation supplied by the defense.

To properly preserve this issue for appeal, the defense would have to ask Judge Nelson to reconsider her denial of his motion to appoint an investigator or an expert at every available opportunity. A failure to provide a road map in the trial transcript of requests to reconsider supported by specific reasons why an investigator or expert was reasonably necessary at that particular time might be fatal. For example, the DCA might agree that Judge Nelson abused her discretion by denying the request for indigency, but find that the error was harmless absent sufficient documentation of the harm to the defense caused by the denial.

If Judge Nelson were to grant the motion, O’Mara would have to submit ex parte motions to appoint specifically named individuals to do specific things. She would probably appoint one investigator. The number of experts she would be willing to appoint would depend on the relevance of their area of expertise to the subject matter at issue in the case. The rate of compensation would be at the reduced rate that the court has established for appointed cases.

If the jury were to convict the defendant and O’Mara failed to hire an investigator or an expert to assist in preparing for trial and putting on a defense, his failure to do those things could be raised in a state habeas petition after the appeal is unsuccessful. Habeas petitions are based on evidence that is not in the record and typically are based on defense counsel’s failure to do something that he should have done. The failure asserted in this instance would be the failure to hire an investigator or expert. If that happened due to lack of money and O’Mara did not ask Judge Nelson to find the defendant indigent, the claim would be that he provided ineffective assistance of counsel by failing to make the request.

In order to prevail, habeas counsel would have to convince the court that O’Mara’s conduct was deficient according to prevailing standards of conduct and that, but for the deficiency, the result of the trial probably would have been different.

It takes time to assemble a team of experts and investigators and it takes additional time for them to complete their assignments. O’Mara should have assembled his team before Thanksgiving. The trial is scheduled to begin in less than 60 days and the defense fund is underwater $10,000.

Even if Judge Nelson were to enter orders tomorrow finding the defendant indigent and appointing an investigator and experts, all financial compensation would be limited to services provided in the future.

Given that dire financial situation, plus one unhappy creditor having already sued O’Mara alleging that he has refused to pay $28,000 for services provided, I doubt anyone will invest any time or effort to help O’Mara without a substantial retainer up front.

Such is the nature of the criminal defense business.

Just like his client, he is out of time.

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Settlement agreement is dreadful news for George Zimmerman

April 8, 2013

Monday, April 8, 2013

I asked a question yesterday and did not get an answer.

The question was, Did Mark O’Mara advise the HOA to settle the Fulton-Martin lawsuit?

Rene Stutzman at the Orlando Sentinel provided some additional information today.

That secret homeowners association settlement with Trayvon Martin’s family may not remain secret much longer.

Seminole County Clerk of Courts Maryanne Morse has written a letter to Trayvon’s family attorney, Benjamin Crump, telling him that she doesn’t think it meets the standard of a confidential filing so she intends to make it public in 10 days.

Even so, the total dollar figure paid out by the association will likely remain a secret. That’s because Crump edited it out before he put the 12-page document in the court file Thursday.

It’s believed to be more than $1 million.

Stutzman also revealed that Tracy Martin and Sybrina Fulton settled their claim against the HOA without filing a lawsuit. Therefore, the settlement agreement has not been reviewed by a judge.

We know that the Traveler’s Insurance Co., was not a party to the agreement because the HOA did not purchase the insurance until March 30, 2012, a little over a month after the defendant shot and killed Trayvon Martin.

Why did Benjamin Crump file the settlement agreement in the GZ criminal case?

Here’s Stutzman again,

Why Crump had it placed in the file in the first place remains a mystery. He did not return phone calls from the Orlando Sentinel. But his clients, Sybrina Fulton and Tracy Martin, were deposed last month by Zimmerman’s attorneys and were likely asked about the settlement.

In an interview last month, when asked if the settlement was a specific figure between $1 million and $2 million, Crump would not say.

“I have no comment on the subject,” he said. “I know you didn’t get that from me.”

There is an unconfirmed rumor that the New York Times reported in February that Mark O’Mara said Tracy Martin and Sybrina Fulton had rejected a $1 million settlement offer.

Stutzman said today about the settlement amount, “It’s believed to be more than $1 million.”

Sundance Cracker at the treehouse, which is Mark O’Mara’s internet site of choice, reported yesterday that the settlement is closer to $2 million.

Difficult to draw any conclusions without more information, but I sincerely doubt the claim was settled for nuisance value because, given the defendant’s waiver of an immunity hearing and a substantial likelihood that a jury will reject his claim of self-defense, Tracy Martin and Sybrina Fulton would have no incentive to settle the case for peanuts. Better to wait and sue him and the HOA together after he is convicted when, basically, the sky would be the limit.

I figure they were in the driver’s seat and could afford to demand a substantial sum of money to cut HOA loose before trial.

This settlement agreement is dreadful news for the defendant.

BTW, Dee Dee definitely is not the prosecution’s star witness.

The prosecution’s star witness is the defendant and that is why a jury will convict him of murder in the second degree.

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Did Mark O’Mara advise the HOA to settle the Fulton-Martin lawsuit

April 7, 2013

I am hoping to find out today if Mark O’Mara played any role in advising the HOA to settle the wrongful-death lawsuit filed by Tracy Martin and Sybrina Fulton.

Sundance Cracker at The Conservative Treehouse claims that he did. This is the website O’Mara has publicly referenced with approval as a source of ideas.

Since Benjamin Crump represents Tracy Martin and Sybrina Fulton that would certainly qualify him as opposing counsel for purposes of the silly deposition issue.

More importantly, he would have a conflict of interest because he would be in possession of inside information obtained from his client, plus all of the discovery that has not been released to the public, and advising the HOA to settle before the criminal trial.

That’s the equivalent of saying:

GZ’s self-defense claim isn’t going to fly. He’s going to be convicted of murder 2, so you better cut your losses to a minimum by settling now.

If true, that’s a conflict of interest and a major violation of a lawyer’s obligation to maintain client confidentiality.

Imagine how you would feel, if you were George Zimmerman.

O’Mara should be kicked off the case and disbarred, if he did that.

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Trayvon Martin’s parents settle lawsuit against HOA for more than $1 million

April 5, 2013

Friday, April 5, 2013

The Orlando Sentinel is reporting today that Trayvon’s parents, Sybrina Fulton and Tracy Martin, have settled their wrongful death case against the Homeowner’s Association for more than $1 million.

The parties are settling the matter to avoid litigation without admitting responsibility and the terms of the settlement agreement are subject to a non-disclosure agreement.

Trayvon’s parents still intend to sue George Zimmerman separately.

The settlement agreement should not have any effect on the criminal case but it does indicate that the HOA has little confidence in the viability of the GZ’s claim of self-defense.

Of course, we already knew that from our review of the evidence and the defense team’s decision to abandon an immunity hearing.

Congratulations to Sybrina Fulton and Tracy Martin!

This will not bring back Trayvon, but it’s an important achievement and milestone in the long road seeking justice for Trayvon.

H/T to Benjamin Crump: Well done, sir.

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Dee Dee is an innocent witness to a murder and must be protected from breitbarting

March 31, 2013

Sunday, March 31, 2013

Peace, Joy and Freedom to all:

I begin with a confession. I have been awfully slow to identify the core issue presented by W8, who was assigned a fake name (Dee Dee) by the prosecution to protect her privacy. That alone should have been sufficient to trigger my curiosity. I could offer some excuses, but that would detract reader attention from where it should be.

Mark O’Mara is changing the practice of criminal defense from winning the case in the courtroom to winning the case before trial in the court of public opinion. He uses the internet and the media to dispense false information to the public about the case and to discredit and intimidate prosecution witnesses by character assassination.

For example, he has enlisted the support of two reporters at the Orlando Sentinel, Rene Stutzman and Jeff Weiner, who report the information that he gives them on a daily basis as “news. He also has endorsed a website (i.e., the Conservative Tree House) as a legitimate source of ideas and assistance. He also uses motions for discovery and motions to reconsider or clarify prior court orders as a vehicle to repeat his false narrative.

Intentionally dispensing false information about the case to the media is a low-risk strategy with high-reward potential, since the the media is willing to report the defense statement without reviewing it for accuracy and the prosecution is prohibited from commenting about the case.

Although anyone who is familiar with the evidence released to the public via the State of Florida’s remarkable Sunshine Law knows that the media consistently reports a false and misleading narrative favorable to the defense, there is little that we can do as individuals to correct false information reported by the media.

Fortunately, we can do our part here in this blog and others like it to identify and correct false information. Unfortunately, however, the national media prefers to ignore us and instead provide Robert Zimmerman, Jr., with multiple opportunities to deny that anyone in the Zimmerman family is racist and to proclaim that his brother, George Zimmerman, is a decent American who acted in self-defense to prevent Trayvon Martin from killing him with his bare hands. Never mind that Trayvon was an unarmed 17-year-old kid walking home in the rain talking via cell phone to his girlfriend in Miami when he supposedly launched this attack. Move along. There is nothing to see here, folks.

That brings me to O’Mara’s second strategy, using character assassination to intimidate witnesses and destroy their credibility before trial.

Character assassination has been used for many years to discredit and defeat political opponents and win national elections. If you should visit the Conservative Treehouse, take a look at the banner on the home page. You will see a shrine to a person described as a great American patriot and within that shrine you will see a photo of the man to whom the site has accorded godlike status. The man depicted in that photo is Andrew Breitbart who so perfected the use of manufactured evidence to support false accusations against political opponents that his name has entered our lexicon as a new verb. To Breitbart someone means to destroy that person’s reputation with a campaign of malicious lies based on manufactured or doctored evidence.

My wife and I have been subjected to a vicious and continuing campaign of character assassination by lie for daring to operate a blog that promotes evidence-based discussions of the Trayvon Martin killing. We are not alone. Sybrina Fulton, Tracy Martin, Benjamin Crump, Natalie Jackson and many others, including Trayvon Martin, the innocent victim of the killing, have been subjected to a similar, if not worse campaign of lies.

That brings me to Dee Dee. As a victim who continues to endure breitbarting, I have some idea how she must feel knowing that two innocent girls in Miami, whose only crime was to have been named Dee Dee, were successively breitbarted by mistake. I imagine she also knows about the doxing and breitbarting of W9 (the defendant’s cousin) whose only crime was to have reported to police that George Zimmerman sexually molested her for 10 years beginning when she was 6-years-old and he was 8-years-old.

I know that if I were Dee Dee or Bernie de la Rionda I would not believe that Mark O’Mara would honor his duty as a lawyer and officer of the court to assure that no information that might assist in identifying Dee Dee is leaked from his office.

I am well equipped to survive breitbarting because I am self-employed with this blog and I have the strength, willpower and self-assurance of a warrior forged in the heat and pressure of high stake courtroom battles during a long career. I chose to create and operate this blog and I accept responsibility for what we do here.

Dee Dee is a child and she did not choose to be a witness to a murder. Yet, she is and I worry about her. The media and the general public appear not to realize that she too is a victim of the defendant’s violent act on February 26, 2012. I wonder if she is plagued with panic attacks and nightmares generated by a brain stuck on a spin cycle of fragmented memories, what-ifs, and if-onlys. No one, especially a child, should be subjected to such torture.

The realization that she also must know that she has been targeted for destruction by breitbarting frightens me and makes me wonder how any human being could be so full of hate that they would even consider hurting her, let alone setting out to destroy her with lies.

I can only regard Mark O’Mara with horror and disgust

The god of my understanding and belief is not going to be OK with this.

I think Bernie de la Rionda is doing his best to balance his duties as a prosecutor, including his duty to comply with the Brady rule, with his duty as an empathetic member of the human race to protect her from the coming onslaught.

I applaud his decision to withhold the information that O’Mara requested until the night before the hearing on the defense request for a subpoena duces tecum.

He did not violate the Brady rule because he disclosed the potential impeachment information a week before deposition, which is the first time that O’Mara could have used it for a legitimate purpose. O’Mara suffered no inconvenience and the defendant’s constitutional rights to due process of law and a fair trial have not been violated.

Mark O’Mara’s motions for sanctions, fees and costs are frivolous because they are not supported by law.

I will close with this warning. Breitbarting a witness in a murder case is witness intimidation under Florida law. Anyone convicted of that crime can be sentenced to life in prison.

I sincerely hope that anyone who participates in the coming effort to intimidate Dee Dee will be charged, convicted and sentenced to a very long and unpleasant time in prison.


Trayvon Martin: The prosecution is not crumbling

March 26, 2013

Tuesday, March 26, 2013

Now that W8 (Dee Dee) has apparently admitted during the defense deposition on March 13th that she lied when she told Benjamin Crump during a telephone interview and later confirmed to BDLR that she did not go to Trayvon Martin’s funeral because she was sick and went to a hospital, the inevitable question is:

How might this affect the trial?

First, do not expect to see her charged with perjury because BDLR’s question was ambiguous (i.e., went to a hospital or someplace) and her answer was not material (i.e., important enough to affect the outcome of the trial).

Second, let’s take a look at how this admission might come out at trial.

BDLR would ask her if she attended the wake or the funeral and she would answer, “No.”

BDLR would then ask her why not and she probably would answer that she was too upset and could not handle it.

Assuming for the sake of argument that the prosecution either did not move in limine (i.e., before the trial begins) to prohibit the defense from pursuing this line of inquiry pursuant to Rule 608(b) or if it did, Judge Nelson denied the motion, BDLR would have the option to end that line of inquiry (i.e., permitting the defense to bring it out on cross) or to proceed further and reveal her lie).

Any experienced prosecutor, and BDLR is experienced, would elect to reveal her lie in the least damaging manner possible rather than allow the defense to bring it out on cross in the most damaging manner possible.

This is how it might work:

BDLR: Do you recall Benjamin Crump interviewing you by phone in March of last year regarding your cell phone conversations with Trayvon before the shooting?

DD: Yes.

BDLR: Do you recall him asking you, if you went to Trayvon’s wake and funeral?

DD: Yes.

BDLR: What, if anything did you tell him?

DD: I told him that I did not go to either one.

BDLR: Was that truth?

DD: Yes.

BDLR: Did he ask why you did not go the funeral and the wake?

DD: Yes.

BDLR: What did you tell him?

DD: I told him I was sick and went to the hospital.

BDLR: Was that the truth?

DD: No.

BDLR: What was the truth?

DD: I was too upset and could not handle it.

BDLR: Why didn’t you tell him that?

DD: I did not want to admit to his mother that I was not strong enough to be there for her.

BDLR: Are you referring to Sybrina Fulton?

DD: Yes.

BDLR: Was Trayvon’s mother present when Mr. Crump interviewed you?

DD: Yes, she was in Mr. Crump’s office listening over the speaker phone.

BDLR: How did you know that?

DD: Mr. Crump introduced her and she said, “Hello.”

BDLR: Did there come a later time when I interviewed you in person?

DD: Yes.

BDLR: Do you recall when that was?

DD: I think it was about a month later.

BDLR: Was Trayvon’s mother present when I interviewed you?

DD: Yes, she gave me a ride to the office where you interviewed me and she sat next to me the whole time.

BDLR: Did you swear to tell the truth and nothing but the truth during the interview?

DD: Yes.

BDLR: Did I ask you if you went to the funeral and the wake?

DD: Yes.

BDLR: What did you say?

DD: I lied and told you that my blood pressure was very high and I went to the hospital instead.

BDLR: Do you suffer from high blood pressure?

DD: Yes.

BDLR: Why did you lie to me?

DD: I did not want to admit to Trayvon’s mother that I could not deal with what happened to Trayvon. I could not handle seeing him dead or in a casket, so I lied to her and to Mr. Crump.

BDLR: Are you sorry that you lied?

DD: Yes.

BDLR: Have you apologized to Trayvon’s mom and dad.

DD: Yes.

BDLR: Did you love Trayvon?

DD: Yes, I still do.

BDLR: Do you miss him?

DD: Yes, very much.

BDLR: Thank you. Your witness, counsel.

Picture this scene taking place before a jury in a crowded courtroom in June with a nation and the world looking on, after the prosecution has introduced all of its damning evidence against the defendant, including the medical examiner’s testimony using graphic color photos taken during the autopsy, as this young woman confesses her love and affection for Trayvon while baring her soul and tearfully confessing to her overwhelming sense of loss, responsibility, confusion, weakness and guilt.

If BDLR conducts the direct examination properly, as I believe he will, the best cross will be no cross. The jury will not take kindly to a defense attorney picking on her and prolonging her agony.

Finally, do not forget that the phone records and the other evidence in the case will independently confirm everything else she says about her conversation with Trayvon.

One understandable simple lie by Dee Dee is relatively unimportant compared to the vast ocean of lies uttered by the defendant in this case.

Is the prosecution crumbling? I don’t think so.

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

March 26, 2013

Tuesday, March 26, 2013

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

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

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

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

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

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

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

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

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

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. If you like this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.

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