chipbennett wrote:
1. What compelled Crump to file the settlement with the court in the first place? It has nothing to do with State v. G. Zimmerman.
Don't know. Crump's response fails to state any reason for filing the SA, but states that it is immaterial to the case (See paragraph 7) and likely to taint the jury pool (See paragraph 12). I assume that if O'Mara had demanded production of the SA, then Crump would have mentioned that fact in his response. In the absence of any stated legitimate purpose, I tend to think that the purpose is not legitimate (influence the jury pool, free law firm advertising, or throw Tracy and Sybrina under the bus by filing impeachment evidence) and / or that Crump is grossly incompetent and believes that the SA somehow constitutes evidence of GZ's guilt.
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2. Rules of public disclosure of court records aren't directly concerned with a contractual agreement of confidentiality to which neither the trial court nor the parties involved in State v. G. Zimmerman are privy.
Yeah, I assume it is fairly unusual that a non-party files an SA from a civil case in a criminal case, admits that the SA is irrelevant to the criminal case, and then seeks to seal the SA. The case law deals with situations where the SA is between the parties (divorce cases) or where the SA has to be approved by the court. Why file an SA with the court where not required in a sunshine law state if you want to keep it secret?
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3. The act of disclosure has already taken place: Crump attaching the settlement to the State v. G. Zimmerman case made it a public record, and subjected it to public disclosure per Florida's sunshine laws.
Crump apparently filed it under seal, the clerk fuarked up and made it available to OS, then sealed it. Then the clerk followed the procedure provided by the rules and notified Crump that he has 10 days to show good cause why it should remain sealed. Depending on the details of the confidentiality provision, HOA may, in event of publication, eventually sue Crump and argue that Crump knowingly caused publication by filing it with the court in view of the FL sunshine laws. His admission that the SA is irrelevant to the criminal case would come in very handy as evidence of intentional publication for an improper purpose. HOA might buy O'Mara a beer for filing the motion to unseal.
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4. How does Crump have standing to admit anything into the record?
Crump's standing is (1) as a potential deponent and (2) as a private attorney representing witnesses. I don't know how that gives him standing to file an irrelevant SA with the court.
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If Nelson somehow agrees to keep the settlement sealed, couldn't the defense move to strike/expunge/(whatever the correct term is) the settlement from the record? (It is obvious, especially given the projection of same by Crump in his response, that at least part of the reason that Crump submitted the settlement into the court record was to taint the jury pool with the mere knowledge that a settlement had been reached. Mission accomplished, of course.)
I think the defense wants to use the SA as evidence to impeach Sybrina and Tracy, and thus won't be filing a motion to strike.