Defense has known about bicycle fight video for 9 months

June 3, 2013

Monday, June 3, 2013

Check this out.

It’s a copy of a discovery-demand letter from Don West to Bernie de la Rionda that establishes that the defense knew about bicycle video clip on Trayvon Martin’s phone for at least nine months. The letter is dated September 19, 2012.

West says:

You mentioned that you had seen a video connected to him [Trayvon Martin] in some way regarding a bicycle. We were previously unaware of anything like that, but later saw a clip taken from his cell phone SIM card that may have been what you were referencing.

Since the defense has known about this video clip for at least 9 months, I cannot imagine how Mark O’Mara could innocently have mistaken it for a video of two of Trayvon’s friends beating up a homeless person.

Mark O’Mara has some ‘splainin’ to do and the third person apology on his website ain’t gonna git ‘r done.

While he is explaining his way out of that mess, he should also explain why the defense is now seeking sanctions on the ground that this video was not disclosed to them.

(H/T to Big Boi for letting me know that a poster at Crime Watcher’s found the letter. He is also on Twitter as @TruthThere.
Also, thanks to LLMPapa for the link to West’s letter)

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Fred


Mark O’Mara should be sanctioned by the Court

May 30, 2013

Thursday, May 30, 2013

Good morning:

Bad character evidence about the victim of a homicide is not admissible in a self-defense case unless the defendant knew it before the encounter that ended with the victim’s death.

In other words, if the defendant did not know that the victim was a violent thug, he cannot introduce evidence that the victim was a violent thug in support of his claim of self-defense.

Mark O’Mara is using the information obtained from Trayvon’s phone in a fruitless attempt to establish that Trayvon was a violent thug. Even if he were successful, the information would still be irrelevant and inadmissible because the defendant did not know Trayvon before he killed him.

O’Mara must know this because he is a lawyer who specializes in criminal law. Since he knows this, we can reasonably conclude that he knows his motion for sanctions against BDLR will be denied.

The question people should be asking is why did he file the motion since he knew it would be denied?

I believe the answer is obvious.

He is using the motion as a vehicle to publicize irrelevant and inadmissible information about Trayvon Martin. He wants the public to believe that Trayvon is a violent thug who deserved to die.

Since he waited to file his motion until after 500 people received a summons for jury duty, we also can tell that he is using his motion for sanctions to convince as many of those 500 people as possible that Trayvon was a violent thug who deserved to die.

Two additional important points that are getting lost amid the hue and cry caused by the release of the information are that:

(1) it does not prove Trayvon was a violent thug, and

(2) it does prove that Mark O’Mara acted in bad faith when he filed the motion for sanctions.

Therefore, Judge Nelson should sanction O’Mara for filing the motion for sanctions in bad faith.

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Thank you,

Fred


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