12:34 p.m.
O’Mara asks if anyone disagrees with the extra responsibility people with fire arms should have.

No one responds.

Juror B-7 says he is concerned about the number of shootings involving guns. He says he not comfortable with the “wild wild west” attitude.

O’Mara holds up his cell phone and calls it a fire arm. He asks if anyone is worried.

Juror B-7 says it would make him uncomfortable.

O’Mara puts his phone in his pocket.

A juror, B-54, says because he doesn’t know him, he is concerned.

O’Mara says to pretend he has a concealed weapon permit.

Juror E-40 says she is neutral, but said she doesn’t know him, his intentions, or why he has a fire arm, so it makes her “less easy.”

Another juror says she would be concerned because even having a permit doesn’t tell her what he might do with it.

“I still have to act responsibly,” O’Mara says

Juror I-24 says her concern is with the people that don’t have a permit.

O’Mara asks if the evidence of a fire arm being carried with a permit would factor in how they handle the case.

Juror E-6 says her only concern is if she observed someone being irresponsible with the gun.

O’Mara asks if the issue would affect them.

De la Rionda objects.

12:26 p.m.
O’Mara asks the jurors about neighborhood watch.

One juror describes what she thinks the purpose of the program is.

Juror I-24 says it can be a good thing if the entire community is involved in it. She says when one or two people are diligent in making sure neighbors are safe, there is an imbalance.

She says an empty house in her neighborhood was broken into. She said people thought she was “being silly.” She says everybody needs to understand it’s important to watch out for each other.

Another juror, B-61, says the sign acts as a deterrent.

O’Mara asks the people who mentioned living in gated community if the police patrol less or more there.

Juror H-81 says his community is manned part-time by deputy sheriffs.

Another juror, I-19, says a cop lives in her community, but she doesn’t think the police patrol.

12:21 p.m.
O’Mara addresses the juror that mentioned a restaurant she worked at was robbed twice.

She says it would not affect her.

Another juror says an old boyfriend broke into her home. She says she did not experience memory loss.

O’Mara asks about their memories.

O’Mara goes back to fitness. He addresses Juror H-18. He also addresses Juror B-72. He calls them both athletes. He asks them if they can pick out an athlete in the room.

Juror B-72 says he disagrees and says some people don’t look strong, but they can be.

O’Mara asks if anyone played football.

Juror H-29 and Juror B-72 describe their football experiences. O’Mara asks them if they learned to take and give “hits.”

Juror B-7 says he played flag football. The courtroom laughs.

12:15 p.m.
O’Mara asks the jurors about physical confrontations.

He goes back to the juror that mentioned being in a middle school fight. The juror says he’d like to “think he got in a fight with a bully.”

O’Mara asks the juror if he was hit in the face. The juror says yes, adding that he mentioned it because it was the only fight he has ever been in. He says he doesn’t really remember it.

O’Mara addresses another juror, B-35, who mentioned being in fights when he was younger. The juror says he was collecting rent when he was hit.

O’Mara asks if he was “sucker punched.”

The juror says yes.

O’Mara asks if that would affect him in this case.

The juror says his personal experience has nothing to do with the case.

O’Mara asks him to describe the experience.

Juror B-35 says he did what he had to do to get out of it.

O’Mara addresses a juror that mentioned being involved in a domestic violence incident.

The juror, E-6, says O’Mara’s mention of losing memory was similar to her experience in that she lost some memory, but it came back to her.

She says it is a completely different situation and doesn’t seem relevant to her. “I wouldn’t have any way to compare it,” she says.

O’Mara addresses another juror, E-73.

She says her nephew was shot and killed 13 years ago.

O’Mara asks if the police were involved.

She says she doesn’t understand why he was asking. She says it was a home invasion and he was shot through the door.

O’Mara asks her if she thinks the memory of her nephew would affect her decision based on the facts heard in the case. He asks if she can set it aside.

“I would hope so,” she says.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Lunch..... after will do some stuff other than Jury selection... so they get extra haf hour... back 2:15

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Neslon pissed (with West)... want to come back in half an hour... but since West said hour and 15 minutes... she said ok be back 2:15 and stormed out

All this "rip, shit and bust" is HER doing... WTF can they achieve in 15 minutes after lunch before PJ's are back? And then they have to break 3:45 before FRYE resumes.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

12:50 p.m.
Judge Nelson says the Frye Hearing was to resume at 2 p.m. She asks the attorneys to take a shorter lunch so they can discuss how they will go about deciding their strikes for cause. They are due back in court at 2 p.m.

12:46 p.m.
O’Mara refers to De la Rionda’s statement of giving witness, law enforcement or not, the same weight.

O’Mara asks if they can all agree to access the witness testimony with the things they’ve talked about.

A juror asks if law enforcement officers can be considered an expert. He says they are just fact witnesses.

Juror H-69 says she thinks the process works backwards from his explanation.

O’Mara says he wants to forget the previous question. The courtroom laughs.

O’Mara says there is a question from yesterday if a 17-year-old’s life is worth less. He asks if anyone has residual concerns about the external pressures in the case.

He asks if a 17-year-old’s life lost should be given special consideration.

Juror E-54 says he thinks everybody is equal.

O’Mara asks if special consideration should be given to his [Martin’s] race.

O’Mara asks one person to tell him it will be difficult to wait until the end of testimony to decide.

Juror E-28 says it will be difficult to wait, but doesn’t mean they won’t listen to all the facts.

Juror B-12 says they will be weighing the evidence as they get it.

“We’re not going to ask you to be robots,” O’Mara says, reminding them they cannot discuss the case with each other.

O’Mara asks if they can agree that it will be hard and if they will still do it.

Judge Nelson interrupts and says she can hear stomachs rumbling.

O’Mara says he is about done.

O’Mara asks if they can give both sides a fair trial.

The group responds yes.

O’Mara asks if they can say their verdict to the Martin family.

One juror says he would feel bad for the family, but if they decide not guilty, that is their decision.

O’Mara goes behind Zimmerman, places his hand on his shoulder and asks if the jurors can do the same for him.

The group responds yes.

O’Mara finishes his questioning.

Judge Nelson announces court will recess for a longer lunch until 2:15 p.m. for the jurors. She says the court will do some work without them allowing for the extra time.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

E73...whose nephew was shot....Bernie will fight tooth and nail for her to remain. OMara is going to have to use a challenge.

I THINK Neslon thinks they can just quickly say who they want to strike.. and its done in a few minutes.


I think there is NOW time needed to decide who to strike.... and some time taken over doing that.... a rush job before Frye hearing is nuts... but that is Nelson's way.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

As Arnie said..... I'll be back!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

I'm catching people's reactions and recaps, but am not able to watch live. It sounds like Nelson is putting on quite a show today.

Question: are her theatrics today, and especially by comparison to her treatment of the State yesterday, sufficient grounds for a Writ of Prohibition? Because from the descriptions I'm reading, she is pretty clearly demonstrating a bias that would prejudice the defendant.

_________________
"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

One day when West was at the bench, Judge Frump was giggling like a school girl and smiling at him. I wonder.

O'Mara was pure class today. I thought he did very well. Compared to Bernie, who is loud mouth and crude.

I think Bernie has to ask Corey who to strike and who to keep. He is still her suck ass boy.

IANAL, but I don't think they are to that point yet. Mostly she was adamant about reading the jury instructions herself. She was getting flustered, but not quite sure why; maybe O'Mara was getting a little too loose in terms of explaining the law. The PJs had a lot of questions in terms of the self defense statutes.

So, O'Mara reading selections from the actual jury instructions is "playing loose" with the law, but BDLR making things up out of whole cloth, like "circumstantial evidence is as good as direct evidence" is kosher, doesn't belie an obvious bias of the trial court judge that prejudices the defendant? Letting the State wax philosophical for five hours of voir dire, giving the potential jurors mis-interpreted (and flat-out incorrect) information about the process, weighting of evidence, and burden of proof - but then cutting off the defense when attempting to rehabilitate the State's errors - doesn't belie an obvious bias of the trial court judge that prejudices the defendant?

Compare Nelson's performance over the past two days with Lester's performance during the bond hearings - the very performance that prompted 5DCA to compel him to recuse himself. Nelson's performance is far worse.

_________________
"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

Nelson's rudeness towards West will be noted by the jurors, also Bernise abrasive attitude.

Back

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

It was more in terms of him trying to explain things to juror questions without saying too much. I think Nelson was a little short on him in terms of that. One of the questions was about what is "reasonable" in terms of the law, O'Mara was trying to get to the point that the jurors decide, but Nelson interrupted to say the same thing. You'll have to watch some of it to see, hard to say.


I think part of it was all of the objections that BDLR threw out, was crap.


IMO, I'd say it's close.

Neslson asks... Bernie first up P67 Moaning Mexican he wants out for cause

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

40 prospective jurors have been reached(named in this order):
1) B12 W/F
2) B29 B/F
3) B76 W/F
4) B7 W/M
5) B35 B/M
6) B37 W/F
7) B51 W/F
8) B86 W/F
9) E6 W/F
10) E40 W/F
11) E54 W/M
12) E73 W/F
13) M75 B/F
14) B61 W/F
15) B72 W/M
16) E22 B/F
17) E13 W/F
18) E28 W/F
19) K80 W/F
20) K95 W/F
21) P67 H/M (Moaning Mexican)
22) G14 W/F
23) G29 B/F
24) G47 W/M
25) G63 W/M (Doesn’t identify with any race says he’s multiracial)
26) G66 W/F
27) G81 B/M
28) H6 W/M
29) H7 W/M
30) H18 H/M

31) H29 W/M
32) H35 W/F
33) H81 B/M
34) H69 H/F
35) H86 W/F
36) I5 B/M
37) I19 W/F
38) I24 W/F
39) I33 W/M
40) I44 H/M

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Denied for cause strike... so now its down to each sides strikes

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

B35 - preemptory by state

Defense - 10
State - 9

So far the 6 are:
1) B12 W/F
2) B29 B/F
3) B76 W/F
4) B7 W/M
6) B37 W/F
7) B51 W/F

Now to back strikes.