Zimmerman: Let there be thunder that makes the mountains tremble

May 4, 2013

Saturday, May 4, 2013

Good afternoon:

The defendant’s friend, Frank Taaffe, described the defendant’s state of mind the night that he stalked and killed Trayvon Martin.

He was mad as hell and he wasn’t going to take it anymore.

Given that Taaffe uttered this statement after he found out about the shooting, I believe we can reasonably assume that he believed the defendant pursued and confronted Trayvon with murder in mind.

Why did he believe that?

Why was the defendant so angry?

What was it that the defendant was not going to take anymore?

I have puzzled over Taaffe’s statement ever since I heard him say it.

Despite a lack of objective evidence that would support a belief that the gated neighborhood was besieged by burglars and thieves, the defendant appears to have believed that was actually happening, or he pushed that false narrative in hopes of creating a justification for the Homeowner’s Association to hire him to provide security.

He also appears to have believed that the burglars and thieves were Black and they always got away.

Frank Taaffe told us that the defendant was mad as hell about that and he was going to put an end to it.

The defendant said during the NEN call, “fucking coons,” and “these assholes, they always get away.”

This explains why he got out of his vehicle and hunted for Trayvon, ignoring the dispatcher’s request not to follow him.

Indeed, we can see by his actions that he was “mad as hell.” Acting as police officer, prosecutor, jury, judge and executioner the defendant decided that Trayvon was one “fucking coon,” one “asshole” who wasn’t going to get away.

A little over two minutes after the defendant ended the NEN call, after telling the dispatcher to have the officer call his cell phone when he arrived in the neighborhood, he hunted Trayvon down and shot him to death as Trayvon was telling Dee Dee about the creepy man who stalked and frightened him.

Trayvon never found out who he was or why he stalked and attacked him.

He died in the dark and cold rain begging for his life and shrieking in terror and disbelief.

Although Trayvon was a good kid, it would not have mattered if he were the Devil incarnate.

He was unarmed and he did nothing except try to escape from a creepy man who stalked him, first in a vehicle and then on foot.

The defense effort to demonize him and his family disgusts and infuriates me.

Demonizing Trayvon, even if successful, is not a defense and evidence of bad acts or character, assuming such evidence exists, is not admissible.

Defense counsel deserve harsh criticism and universal condemnation for pursuing this incredibly depraved and unnecessary course of action.

By attempting to exploit racial stereotypes and race-driven fear of Black males in a high publicity case, Mark O’Mara, Don West and everyone who supports what they do give us all a bad name.

Let there be thunder across this land that makes the mountains tremble,

Justice for Trayvon

_________________________________________________

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Thank you,

Fred


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?

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Defense renews request to depose attorney Benjamin Crump

March 18, 2013

Monday, March 18, 2013

Greetings to everyone.

Due to circumstances beyond my control, I have not posted any articles since last Monday. The short story is both of our computers crashed. The electrical plug-in for my Toshiba laptop broke transforming the computer into the most expensive paperweight that I have ever owned. I bought it last November and was delighted with it until this happened. I have since discovered that this problem was caused by a mechanical design flaw common to all Toshiba laptops. The plug-in connects to a little box just inside the chassis. The box is soddered to the motherboard and cannot withstand any stress, such as plugging the electrical cord into the computer on a daily basis. Even an insubstantial bump to the plug-in can jar the little box loose. Customers have to mail their computers to Toshiba for repair. The minimum turn-around time is 3 weeks and Toshiba lately has been blaming their customers for causing the damage, refusing to fix them for free, and holding the computers hostage until they receive payment.

Needless to say, I have been exploring other options.

I have decided to fix it myself by gluing the box into the correct position with expoxy.

Imagine me screaming the most foul curses of which I am capable awakening monster cyber demons from their slumber and you will have a pretty good idea of what I have been doing for the past week.

And, of course, Crane’s computer just had to go on the blink to show solidarity with her sister. Well, we have solved that problem. I am posting this article with her computer and plan to resume daily postings.

I still have to review the comments you all have posted. Hope no wars have erupted.

Now, back to business.

Mark O’Mara filed a motion on Friday asking Judge Nelson to reconsider her order denying the defense motion depose Benjamin Crump. He basically accuses Crump of lying in his affidavit about the circumstances of his telephonic interview of Dee Dee.

He also states that John Guy, the prosecutor assisting BDLR, informed him that there are no medical records confirming Dee Dee’s claim that she in the hospital unable to attend Trayvon’s funeral. He comes very close to accusing Dee Dee of perjury without specifying when she committed the offense or explaining why he believes that what she may have stated is relevant or material to the case.

I doubt that expects to win this motion. I think he is attempting to create a credibility issue where none exists regarding a relatively unimportant witness’s credibility on a collateral matter.

I do not believe Judge Nelson will change her mind and authorize Crump’s deposition, but I would not be surprised if she does. Judges generally tend to be concerned about maintaining an appearance of fairness, so she might reverse herself. I am certain that she wants to avoid Judge Lester’s fate. Therefore, regardless of her decision, I expect she will will attempt to make her decision bullet-proof.

The unstated assumption or premise of the defense motion appears to be a suspicion that Crump told Dee Dee what to say and he did that to create a murder case against the innocent defendant hoping that the jury would convict him thereby setting up the civil suit for wrongful death.

To be taken seriously, I think he is going to need evidence to support his suspicion and a credible argument that the information he seeks is material and relevant.

I do not believe he can get there from here.

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Witness 8 (Dee Dee) did not commit perjury

March 9, 2013

Saturday, March 9, 2013

Good morning:

Today, we are going to take a tour of the Florida perjury statutes to clear up any lingering confusion caused by the troll yesterday regarding the law and its possible application to DD.

EDIT: H/T to Fauxmccoy for her excellent discussion of this issue last night in an effort to educate a willfully dumb troll whom I subsequently banned for derailing discussion. As the owner of the blog, I decided that I had an obligation to step in as an authority on the subject to clean-up the mess created by the troll, even though her ladyship did a mighty fine job of that herself.

Keep in mind that I believe the evidence will show that she did not lie about anything, much less commit perjury and I believe the U.S. media has been grossly irresponsible in reporting that she did. Nevertheless, the false accusation has been made and I am going to hopefully refute and bury it forever.

Introduction

Keep in mind that all federal and state crimes are defined by statutes passed by both houses of a bicameral legislature and signed into law by an executive (president or governor). They are enacted pursuant to the police power granted to the legislative body by the federal or state constitution.

Federal courts have jurisdiction to decide cases involving violations of federal offenses and state courts have jurisdiction to decide cases involving violations of state offenses.

All criminal statutes consist of elements that the prosecution must prove beyond a reasonable doubt to convict a defendant. The elements consist of a particular state of mind (mens rea) and a prohibited act (actus reus).

The Florida perjury statute sets forth two general categories of offenses: perjury and false statements. Perjury is the more serious offense because it consists of the base offense (a false statement) with additional elements (oath and subject matter materiality).

Perjury is subdivided into 3 categories: perjury in official proceedings, perjury not in official proceedings and perjury by contradicting statements.

The false statements category also is subdivided into 3 categories: false reports to law enforcement authorities, false information to law enforcement during an investigation, and false official statements.

Notice that the basis for distinguishing these false-statement offenses from ordinary everyday lying is the element of the offense that specifies to whom the lie is communicated.

That is, mere lying is not a criminal offense.

Now, let us take a look at each of the offenses beginning with the false statements that define the boundary between lies without criminal consequences and lies with criminal consequences.

False Statements

False reports to law enforcement authorities (FL. Stat. 837.05)

(1) Except as provided in subsection (2), whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever knowingly gives false information to a law enforcement officer concerning the alleged commission of a capital felony, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

This offense consists of knowingly providing false information to a law enforcement officer concerning the alleged commission of any crime. This conduct is defined as a first degree misdemeanor, unless the crime in question is a death penalty offense, in which case the offense is a third degree felony. No crime is committed if the false information is provided to someone who is not a law enforcement officer.

Note that even if DD lied to BDLR about going to the “hospital or someplace” and he qualifies as a law enforcement officer, the false statement did not concern the alleged commission of a crime. Therefore, she did not violate this offense.

False information to law enforcement during investigation. (FL. Stat. 837.055)

(1) Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation with the intent to mislead the officer or impede the investigation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Whoever knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation involving a child 16 years of age or younger with the intent to mislead the officer or impede the investigation, and the child who is the subject of the investigation suffers great bodily harm, permanent disability, permanent disfigurement, or death, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

This offense is more specific because it contains additional elements that must be proven. The prosecution not only has to prove that the speaker knew the information was false, it has to prove that the speaker acted willfully. It also has to prove that the law enforcement officer was conducting a missing person investigation or a felony criminal investigation, and the speaker provided the false information with the intent to mislead the officer or impede the investigation.

The distinction between the misdemeanor and the felony version of this offense is that the felony adds two elements; namely, the missing person must be a child 16 years of age or younger and the child suffered great bodily harm, permanent disability, permanent disfigurement, or death.

DD did not violate this statute because it is about a missing person investigation.

False official statements. (FL. Stat. 837.06)

Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Here we see that the foundational requirement of the false-statements offenses (i.e., to prove that the defendant knowingly communicated false information to a law enforcement officer) requires additional proof that the communication is in writing with the intent to mislead a public servant in the performance of his or her official duty.

DD did not provide a written statement so she did not violate this statute.

Now, let us move on to the perjury offenses.

Perjury

Perjury in official proceedings. (FL Stat. 837.02)

(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant’s mistaken belief that the statement was not material is not a defense.

This statute requires the prosecution to prove that the defendant made a false statement under oath in an official proceeding regarding a material matter while believing that the statement was not true.

Note that while the false statement must be about a material matter, the prosecution does not have to prove that the defendant knew that the statement was about a material matter. Put another way, lack of knowledge that the statement was about a material matter or a mistaken belief that it was not about about a material matter is not a defense. This is where yesterday’s troll got lost in the woods, never to be seen or heard from again.

A material matter is defined as “any subject, regardless of its admissibility under the rules of evidence, which could affect the course or outcome of the proceeding. Whether a matter is material in a given factual situation is a question of law.” 837.011(3) This means that the subject matter of the false statement can be material even if it is not admissible. Put another way, materiality does not depend on admissibility.

As I said in my post about DD’s statement under oath to BDLR, even if we assume that she lied about going to “the hospital or someplace,” the subject matter of her statement was not material because whether she went to the hospital “could not affect the course or outcome of the trial.” As such, it is a collateral matter.

An Official proceeding is defined as “a proceeding heard, or which may be or is required to be heard, before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, general or special magistrate, administrative law judge, hearing officer, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding.” 837.011(1)

BDLR’s interview of DD also did not qualify as an “official proceeding.” Therefore, DD did not violate this statute, even if she lied under oath about going to “the hospital or someplace.”

Perjury when not in an official proceeding. (FL Stat. 837.012)

(1) Whoever makes a false statement, which he or she does not believe to be true, under oath, not in an official proceeding, in regard to any material matter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant’s mistaken belief that his or her statement was not material is not a defense.

Proof of this offense eliminates the official-proceeding element while retaining the materiality element.

Therefore, DD did not violate this statute either.

Perjury by contradictory statements. (FL Stat. 837.021)

Note: This is not applicable. I provided it FYI, so you can skip down to the conclusion or read it according to your wishes.

(1) Except as provided in subsection (2), whoever, in one or more official proceedings, willfully makes two or more material statements under oath which contradict each other, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever, in one or more official proceedings that relate to the prosecution of a capital felony, willfully makes two or more material statements under oath which contradict each other, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) In any prosecution for perjury under this section:

(a) The prosecution may proceed in a single count by setting forth the willful making of contradictory statements under oath and alleging in the alternative that one or more of them are false.

(b) The question of whether a statement was material is a question of law to be determined by the court.

(c) It is not necessary to prove which, if any, of the contradictory statements is not true.

(d) It is a defense that the accused believed each statement to be true at the time the statement was made.

(4) A person may not be prosecuted under this section for making contradictory statements in separate proceedings if the contradictory statement made in the most recent proceeding was made under a grant of immunity under s. 914.04; but such person may be prosecuted under s. 837.02 for any false statement made in that most recent proceeding, and the contradictory statements may be received against him or her upon any criminal investigation or proceeding for such perjury.

I included this section about multiple contradictory statements FYI, although it is not relevant at this time.

Conclusion

DD did not violate any of these statutes, even if she lied to BDLR about going to “the hospital or someplace,” instead of going to the funeral or wake.

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Witness 8’s (Dee Dee) alleged lies do not matter

March 7, 2013

Thursday, March 7, 2013

I write today to remind everyone that DD is not a critical prosecution witness because they can win this case without her testimony and her alleged lies about her age and whether she went to a hospital, instead of the funeral, probably are not admissible.

She is not a critical prosecution witness because the physical evidence, forensics, location of Trayvon’s body and the spent shell casing, and the defendant’s conflicting and inconsistent statements bury him beneath a mountain of evidence.

Although we will not know until trial, I am anticipating that the defendant’s interlocking phone calls with others before and after he killed Trayvon will eliminate any lingering doubt that anyone might have about his guilt. Even if it does not, I do not believe the prosecution’s case will be in any jeopardy.

BDLR will likely wait to call DD until late in his case after he has put in all of the evidence that he believes he needs to introduce in order to convict the defendant. With everything else in place, her testimony will merely confirm what everyone on the jury already knows. The jury likely will believe her because her testimony will be self-authenticating. That is, even though she had never been to the RTL, everything that she says Trayvon told her will be confirmed by the interlocking phone records of the calls she had with Trayvon, the physical layout of the place and the weather.

Because most of Trayvon’s statements to her are inadmissible hearsay, unless he was relating a present sense impression or excited utterance, which are two exceptions to the hearsay rule, I expect her testimony will be limited to he told her that,

(1) he was afraid of the creepy guy following him in the car;

(2) he ran to get away from him; the creepy guy suddenly showed up on foot; and

(3) he asked someone why he was following him;

Then she heard an older male voice respond, “What are you doing here?”

Then she heard what sounded like physical contact followed by Trayvon shouting, “Get off me,” and the phone went dead. She attempted to call him, but he did not answer.

That’s it. She does not know anything else.

The defendant’s supporters with considerable support from the lame-stream U.S. media and various lawyer-pundits who should know better have been saying things like, “The prosecution’s case is crumbling,” because Witness 8 (DD) lied or committed perjury,

(1) about her age; and

(2) when she claimed that she did not attend Trayvon’s wake or funeral because she was not feeling well and went to a hospital.

The prosecution’s case is not crumbling.

First, even assuming she lied, and I do not believe that she did, she most certainly did not commit perjury because neither of her statements are about matters that are material or important to the outcome of this case. Since materiality is an element that must be proven beyond a reasonable doubt to convict someone of perjury, there is no basis to charge her with that offense.

Second, the two alleged lies do not make it more or less likely that she is an untruthful person since a truthful person may lie about their age or when providing an excuse for not attending a funeral.

The rules of evidence permit Judge Nelson to exercise her discretion in deciding whether to permit the defense to cross examine DD about these two alleged lies.

The relevant rules of evidence are 608(b) and 403.

Evidence Rule 608(b) prohibits evidence of specific instances of the misconduct of a witness for the purpose of attacking her credibility, unless those specific instances of misconduct concern her character for truthfulness or untruthfulness.

(Emphasis supplied)

Evidence Rule 403 provides that even relevant evidence may be excluded if the judge finds that its probative value “is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.”

(Emphasis supplied)

I can see Judge Nelson deciding that the slight probative value of the two alleged lies that she is an untruthful person is overwhelmed by their potential prejudice, since the alleged lies have nothing to do with any issues in the case, and her testimony is self-authenticating.

The admissibility of evidence about these two alleged lies probably will be the subject of a motion in limine by the prosecution for an order to prohibit the defense from mentioning them in front of the jury or cross examining her about them.

Even if Judge Nelson denies that motion, the prosecution can minimize the potential damage of that evidence by bringing it out on direct and asking her to tell the jury why she did not tell the truth about those two matters.

The defense would have to be careful cross examining her because the jury might not like it, if they do not treat her in a respectful manner.

When all is said and done by the witnesses and the lawyers, and the jury retires to deliberate on a verdict, I doubt that DD’s credibility will be a matter of any concern or discussion regarding whether the defendant killed Trayvon in self-defense.

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US media pushes false narrative that DD (Witness 8) lied in Zimmerman case

March 6, 2013

Wednesday, March 6, 2013

Exciting day yesterday with the defense decision to forego an immunity hearing. That was huge after all of the right-wing assurances that Judge Nelson was going to grant the defendant immunity from criminal prosecution and civil suits for damages.

I would be a rich man if I had a dollar for every claim that the prosecution lacked probable cause to charge the defendant with a crime and its case would never survive an immunity hearing.

One elderly Harvard law professor, who shall remain nameless out of respect for the lawyer he used to be, went so far as to accuse State’s Attorney Angela Corrie of being unethical for charging the defendant with murder 2.

Another lawyer who also shall remain nameless has been tweeting me for months telling me that this is the strongest self-defense he has ever seen and there is absolutely no way this case will survive an immunity hearing and go to trial. He expressed all sorts of creative and disparaging insults, some personal and some not, and mocked me for predicting that the defendant would be convicted.

I have been mocked, doxed, defamed, insulted, accused of being up on felony charges, faking my credentials and having sex with animals for calling it what it is; namely, an indefensible murder case. I have been doing that since I first read about it before charges were filed and we saw any discovery.

I still do not understand why what is so obvious to me is not equally obvious to everyone else, particularly to criminal defense lawyers who should know better.

Now, it should be obvious to everyone that the defense has no case. If the defendant had a legitimate claim of self-defense, the immunity hearing would have happened long ago and the defendant would be a free man.

The uncomplicated reality is that the armed defendant followed, confronted, attempted to detain, shot and killed an unarmed teenager who was walking home minding his own business while talking to his girlfriend on his cell phone.

By calling off the immunity hearing, the defense is finally admitting what should have been obvious to everyone for months.

I figured out months ago that this would happen so I was not surprised by the defense announcement yesterday.

The real eye-opener for me has been watching the media’s ongoing shameless effort since the hearing to downplay the significance of that decision while attempting to build up the significance of the prosecution’s admission that there are no hospital records that DD (AKA Witness 8) was in a hospital during Trayvon Martin’s wake or funeral.

At the press conference following the hearing, for example, one female reporter aggressively pressed the prosecutor, Bernie de la Rionda, to explain why he had not charged DD with perjury.

Now, I have heard a lot of stupid questions asked over the years, and even asked more than a few myself, but this one is quite possibly the dumbest one yet.

As I pointed out yesterday, there is no evidence that DD lied or committed perjury.

But even if she lied, and I am not conceding that she did, given the nature of the ambiguous questions she was asked, she certainly did not lie about a relevant or material matter regarding the homicide. Therefore, a perjury charge is not even a possibility.

Moreover, her alleged lie would not be admissible at the trial. The jury will not hear about it and the defense will not be permitted to mention it.

All of the media hullabaloo to create a false equivalency between DD’s alleged lie about going to a hospital instead of the wake or funeral and Shellie Zimmerman’s perjury charge for lying about her husband’s assets while under oath at a bail hearing is “baffling,” as Bernie de la Rionda snarked about the news that the defense was giving up on having an immunity hearing.

The only news organization to accurately report what happened at yesterday’s hearing was The Guardian in the UK.

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Dee Dee did not lie or commit perjury in Zimmerman case

March 5, 2013

Tuesday, March 5, 2013

Before the beginning of today’s hearing in the Zimmerman case, the prosecution informed the defense that Dee Dee (the name given to Trayvon Martin’s girlfriend to protect her anonymity) did not go to a hospital instead of attending Trayvon’s funeral.

Judge Nelson dismissed the defense motion for Dee Dee’s medical records as moot.

The defense now claims that Dee Dee lied.

As the following partial transcript of her interview under oath by prosecutor Bernie de la Rionda conclusively demonstrates, she not lie or commit perjury.

BDLR:_ OK._ I’m not saying that they did._ I’m just making sure the records’ clear on that….Um…you obviously found out about what happened to Trayvon, right?_ And at some point you ended up knowing that he was killed, right?

Dee Dee:_ Yeah.

BDLR:_ Were you able to go to the funeral or to the wake?

Dee Dee:__I was goin’ to go, but…

BDLR:_ OK, what happened?

Dee Dee:__I didn’ feel good.

BDLR:_ OK, did you end up going to the hospital or somewhere?

Dee Dee:_ Mmmm…Yeah, I had high blood pressure.”

(Emphasis supplied)

The question is unclear because he asked if she went to a hospital or somewhere.

Therefore, her answer was not a lie and if it was not a lie, it certainly was not perjury.

Nevertheless, let us assume for the sake of argument that she did lie.

As I said in response to a comment by Unabogie,

I think you are being way too literal.

Lying is lying, by definition, but there is an unlimited number of reasons why people lie.

Intentionally lying to conceal the existence of more than a $100,000 in cash from the court during a bail hearing is, by any standard one might choose to apply, a far more serious matter than lying because you did not want to admit that you were too upset to attend a funeral.

I do not believe the prosecution is the least bit worried about this turn of events.

Proof of perjury requires proving beyond a reasonable doubt that the defendant unambiguously lied under oath about a material matter.

BDLR’s question was ambiguous and DD’s response was not about a material matter, as is the case regarding Shellie Zimmerman’s denial under oath during a bail hearing that she did not know about the money she had transferred into her account.

Therefore, even if we assume for the sake of argument that Dee Dee lied, she did not commit and will not be charged with perjury.

Anyone who says she lied and committed perjury is mistaken and anyone who claims that Dee Dee is as guilty of perjury as Shellie Zimmerman is wrong and guilty of asserting false equivalencies.

As I said in an earlier comment this morning before I saw the transcript, I do not believe this development today changes anything.

I predict DD will be one of the last witnesses called by the State after all of the evidence about the shooting and the events that led up to it have been admitted into evidence.

She will simply be confirming what the evidence has already proven. BDLR will ask her about the false statement and she will probably break down and cry as she admits that she lied about that because she was too embarrassed to admit that she was too upset to attend the funeral.

I think the jury and everyone in the courtroom, except the defendant, will understand that and forgive her for lying.

I believe Sybrina will be the last witness because she is Trayvon’s mom and the emotional impact of her testimony will be extremely powerful.

After all is said and done, I do not think anyone will remember, much less care, that DD lied. It’s just not very important.

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