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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Gloom in Mudville: The defense is upside down by $10,000

April 15, 2013

Monday, April 15, 2013

Greetings to everyone.

The defense is falling apart.

In the latest issue of Zimsanity News, which is my handy new way of referring to propaganda information about the legal case released by Mark O’Mara or information about the defendant’s clueless family released by its official spokesperson, Robert Zimmerman, Jr., we find out that Mark O’Mara wants the settlement agreement opened up for public review, including the settlement amount.

Ben Crump is OK with publicizing the agreement, but he wants the settlement amount to remain confidential.

Meanwhile, O’Mara announced on Friday that the defense fund is upside down by about $10,000. That’s bad news for the defense team with only 56 days left until trial.

Could this mean that the defense might be on the verge of tossing a white handkerchief into the ring, if the Court of Appeals denies the writ?

Possibly, because insufficient funds to try the case the way it should be tried is often cited by private counsel as the reason for a last minute guilty plea.

Do I have any evidence that such discussions have taken place?

No, I do not.

I discussed the lack-of-money problem a couple of months ago and suggested that the defense should consider filing a motion asking Judge Nelson to declare the defendant indigent. That would assure that all reasonably necessary defense expenses for deposition transcripts, investigators and expert witnesses would be paid by the court. No fuss, no muss regarding unpaid bills. That would certainly lighten the stress load.

Not so fast, you say?

Well, you’re right. O’Mara’s plea for more money from donors brought in approximately $60,000, but I gather that donations have slowed to a trickle.

Will another plea for money prime the pump, so to speak, and avert the looming financial crisis?

Maybe.

Maybe not.

If O’Mara cannot pull another financial rabbit out of his hat, he will have to ask Judge Nelson to declare the defendant indigent. However, given how quickly the defense blew through the $60,000 I cannot help but wonder if the defense has mismanaged the donations by spending far too much money for the defendant’s living and security expenses. I have not kept a tally but IIRC, they’ve blown through close to a half million by now and more than half of that money was spent on living and security expenses.

I think Judge Nelson would be required, as a matter of law to declare the defendant indigent, if he can satisfy her that he truly is indigent, even if he is responsible for having attained pauper status by spending too much money on non-essential items.

Bottom Line: O’Mara needs to take action to solve this problem ASAP because the longer he waits for the money to start flowing again, the more incompetent and irresponsible he will appear to be. That is exactly the wrong message to be broadcasting this close to trial, especially after he basically waived the “sure thing” immunity hearing and we now know that the HOA was not buying the narrative he was pushing on the public.

After all, why would potential donors remain willing to contribute money, if the defense failed to manage previous donations responsibly and O’Mara blew his credibility with donors when he waived the immunity hearing that was supposed to be such a sure-thing?

Those two circumstances might very well turn out to be death blows to the defense.

And then there is the message from Gladys blaming the public for the decision to charge the defendant with second degree murder.

I am going to pass on criticizing a mother for defending her son.

She is entitled to her opinion.

I base my opinion on the evidence.

The case is starting to smell like decomp to me.

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