Just a bit of fun.

IMO Judge Lester is blatantly biased against GZ and SHOULD recuse himself.

I don't think we can really decide on a FACTUAL basis... and NOTHING would surprise me.

When Lester comes back from his vacation on Monday.... what do you GUESS he might do?

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

I agree. Lester has gone out of his way and the one thing that stands out to me concerning his bias against GZ is that he practically encouraged/suggested the prosecution press charges against SZ and low and behold - they did. If I recall, he also gave them a green light for additional things (I stand to be corrected).

While it wasn't perjury, per se, when I think that not even the lying, demonic Couey 3 in the Jessica Lunsford case (if they'd told the truth, Jessica would still be alive and not have died that horrific death, buried alive) were brought up on charges for their lying/obstruction of justice and not to mention the blatant perjury commited by Cindy Anthony........this move against SZ was unnecessary and yes, biased.

You're right, we can cite all the case law we want, but it is still up to the judge. Maybe it's wishful thinking, but I think he will step down. Would I bet the farm? No.

Yes.... I wouldn't put too much money on it.... but having recorded a vote lets hope we go around saying...
"I told you so" on Monday

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

You read my mind.......

I doubt that he will, but hope I'm wrong.

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Jeff Weiner @JeffWeinerOS

Courts spokeswoman just said she expects a ruling from #GeorgeZimmerman's judge "sometime this week" on whether he'll stay on the case.

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

I don't see how he CANNOT recuse himself. Because of the blatant bias in his written order, I believe he will realize if he stays on the case it will create too many reasons for appeals.

I hesitated and decided to vote yes since he's taking all this time to think it over. Although the prosecution has shown why they think his remarks were not enough to warrant a recusal there may be a chance that it would help with an appeal later. So unless his ego rules he should step down.

But. . .

As I have said... it has to be a guess.. and that is unfortunate. Legal opinions that I have read suggest he should recuse himself, but I know it could still go either way.

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

8:30 a.m. CDT, August 1, 2012

SANFORD — The judge in the George Zimmerman second-degree murder case has decided not to step aside.

Circuit Judge Kenneth Lester Jr. made that formal ruling today. That's a defeat for Zimmerman, who three weeks ago filed paperwork asking the judge to recuse himself from the case saying he feared Lester would not treat him fairly.

More at link


http://www.chicagotribune.com/news/nati ... 0097.story

(He didn't comment about the alleged unfairness just that it was insufficient)

JKL finds it "legally insufficient."


........ Oh, boy.




- in his footnote he says he'll consider it an "initial motion" - anyone know what he could be anticipating regarding a possible follow-up?

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

Meanwhile.......

George Zimmerman judge holds 'stand your ground' hearing in another murder case
By Rene Stutzman, Orlando Sentinel
9:02 a.m. EST, August 1, 2012

SANFORD — The judge in the George Zimmerman case is holding a "stand your ground" hearing today in the case of an Oviedo woman who says she shot her estranged husband while he was raping her.

Arguing for the state will be Assistant State Attorney Stacey Straub Salmons, who contends there's enough evidence to put Smithey on trial in front of a jury.
"If you're familiar with the Trayvon Martin case, you know that this is a very difficult law for prosecutors," she said. "And this is a problematic fact pattern."
Just as in the Zimmerman case, only two people know what happened, Salmons said, and one is dead.
The two cases have several other things in common:
Both defendants are charged with second-degree murder.
Both used a gun.
And in both, prosecutors were slow to decide whether to file charges. In the Zimmerman case, that took a month and a half. In the Smithey case, the delay was nearly five months.


....more at link
http://articles.orlandosentinel.com/201 ... -zimmerman

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

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

ok, thanks for posting that piece, Rumpole. So, it would almost be a given for O'Mara to appeal. The author is definitely right about delay being favorable, especially for the defense. The only problem with delay is having to endure the Mob for an indeterminate amount of time.

With delays.. there is always a chance that the reef fish will dart off and nibble on some other case...

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

From The TalkLeft Blog
By Jeralyn E. Merritt

Judge Kenneth Lester has denied George Zimmerman's motion that he recuse himself from the case.
In an order entered today, Judge Lester stated Zimmerman's motion was "legally insufficient." He did not explain why. The rule on judicial disqualifications is here.

Put yourself in Zimmerman's shoes: The issue is how he feels, and whether his feelings are reasonable. Would you, if you were George Zimmerman, fear not getting a fair trial before Judge Lester?

I believe Zimmerman can request a writ of prohibition preventing the case from going forward while the appeals court reviews the issue.


I think the judge should have explained why he found the motion "legally insufficient."
All that's required is Zimmerman express a fear he won't get a fair trial from the judge and his reasons for that fear. The judge is only supposed to decide whether the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial trial. The court has to review the motion from the litigant's perspective questioning the judge's impartiality rather than the judge's perspective.

Viewing Zimmerman's motion from his point of view, what was not reasonable about his fear?

In the Campbell's Soup case cited in the defense motion, recusal was ordered where the Judge stated he thought the client was duping his lawyer. Isn't that what Lester has said a few times to O'Mara: that he has no doubt O'Mara didn't know about the bond money and was misled by his client and his wife?

What if Zimmerman wanted to call his wife as a witness at the SYG hearing, where Lester has to decide the facts? Lester thinks she lied under oath at the bond hearing. What reasonable person wouldn't fear Lester would not be impartial at in considering her testimony?

Regardless, the judge should have stated why he found the motion "legally insufficient."

With an appeal of the recusal order, a subsequent stand your ground motion, and a writ of prohibition when that's denied, this case likely won't see trial for two years or more.

...more at link
http://www.talkleft.com/story/2012/8/1/121011/0614

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

This is such a great visual of the frenzied mob!

I wasn't really surprised by this. I thought he should, but I had a feeling he wouldn't.

I think I heard that Mr. O'Mara was going to appeal. He really should.

I hope they don't. Where else can one find that much humor in a legal case? Just when you think they can't get any more over-the-top, they go and surprise you. LOL