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PostPosted: Wed Sep 05, 2012 2:54 pm 
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UPDATE Continued until OCTOBER

Woman accused of killing husband wants case thrown out
Posted: 6:12 a.m. Wednesday, Sept. 5, 2012
Updated: 11:05 a.m. Wednesday, Sept. 5, 2012

SEMINOLE COUNTY, Fla. — A Seminole County woman accused of killing her husband was to be back in court Wednesday morning, but the hearing was continued until October.

Anita Smithey is trying to get the case against her thrown out by using Florida's controversial "Stand your Ground" law.

Smithey said she had to shoot her husband because he raped her.

In a "Stand your Ground" hearing last month, Smithey said she was tired of being abused by her husband, Robert Cline. As a result, she filed for divorce in 2010, and moved into an Oviedo home with her two children.
...snip...
Smithey said she hopes her testimony will convince Judge Kenneth Lester Jr. to toss her case out, based on the state's law.

...more at link
http://www.wftv.com/news/news/local/wom ... -ou/nR3pM/

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PostPosted: Thu Sep 06, 2012 1:38 am 
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Still waiting on news of the Judge Lester Ruling on a SYG hearing for Anita Smithey.

But there is a previous ruling from another case by Judge Nelson

George Zimmerman judge rejected 'stand your ground' claim in other murder case
(But the Jury found him not guilty anyway)

6:40 p.m. EST, September 5, 2012|
By Rene Stutzman, Orlando Sentinel

Image

SANFORD — In May, Circuit Judge Debra Nelson, who has taken over the George Zimmerman murder case, rejected the "stand your ground" claim of a 21-year-old Sanford man who was charged with murder.

A month later, a Seminole County jury acquitted him.

That case, Florida v. Kishawn Jones, is important because it could signal what's ahead for Zimmerman

...snip...

Nelson is the judge who must decide whether Zimmerman deserves immunity. To date, she has held one "stand your ground" hearing — in the case of Jones, a homeless Sanford man who was charged with second-degree murder.

He shot and killed a close friend, 28-year-old Leonard Boone, at a Sanford apartment complex in June 2011 in a dispute over a cheap gun and $20.

Jones was outnumbered: He was confronted by Boone and his brother, Eugene Rouse, according to court records. Rouse had sold Jones a handgun, according to testimony, but Jones still owed him $20.

On the day of the shooting, the brothers began arguing with Jones about the money. They upended the bench where he was lying, dumping him on the ground. Rouse then snatched the disputed gun from Jones and, according to a witness, shook it at him. Rouse then walked away with it.

Jones followed, agreed to hand over some money, got back the gun and headed back to his bench, according to witness statements.

The two brothers then began to taunt Jones "and threatened to start a 'war' with him," Nelson wrote in her May 4 order denying the defendant immunity.

Boone charged at Jones, lifting a glass-top table as if to flip it onto the defendant, the judge wrote, and Jones opened fire, shooting Boone three times.

On April 27, at Jones' "stand your ground" hearing, defense attorney Dan Geraghty put the defendant and two witnesses who were in a nearby apartment on the stand.

In her five-page order, Nelson made it clear that she did not believe the defendant and at least one of the other witnesses. Boone's actions, she wrote, would not have caused a reasonable person to believe that he was about to commit a forcible felony.

A month later, a Seminole County jury acquitted Jones after listening to him explain why he opened fire.

"We argued to the jury that it was pure reaction," said Geraghty, "that Leonard was about to grab the gun."

It's not surprising, Geraghty said, that the jury came to a different conclusion than the judge.

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

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PostPosted: Thu Sep 06, 2012 1:50 am 
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Nobody hit Jones at all... he was not injured at all, (not even by holly bush scratching :24 )..... yet the jury found he was justified in shooting.

I think GZ's situation involves FAR more justification for shooting. He sustained REAL and easily verified injuries, he was unable to flee once pinned down, and he made sustained attempts to seek help by cying out..... He certainly WAS in fear of serious harm or death, (who wouldn't be).. he said as much during Police interviews including the Voice Stress test.. where he said just that, and was confirmed to be telling the truth. I do hope Nelson rules in favour of GZ's Self defence/Immunity motion, but if not, then the jury should get it.

I am again at a loss to understand why GZ was charged.... other than because of the background political nonsense.... surely this farce should be brought to a close soon?

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PostPosted: Thu Sep 06, 2012 3:04 am 
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A poster at "The Conservative Treehouse" posted about another case for comparison

http://theconservativetreehouse.com/201 ... on-thread/

From the link.....
http://www.tampabay.com/stand-your-grou ... s/case_120

Florida stand your ground law cases
Victim: Casey Landes (killed)
The accused: Charles Podany

In-depth case file

Location details: On a public street in shooter's neighborhood, Bay Hills Circle in Thonotosassa, Hillsborough County, on Feb. 29, 2008

What happened: Charles Podany, 49, saw a truck speeding through his neighborhood and called 911. The operator told him to get the truck's tag number, so Podany grabbed his gun and rode his bike down the street. When he reached the home where the truck was parked, one of the truck's passengers, Casey Landes, hit Podany in the face and knocked him off his bike. The driver testified that his friend, who was drunk, was beating up Podany in a one-sided fight before Podany shot him in the head with a .40-caliber handgun. "The guy was scared, man," the witness, Evin Aguayo, said. Although Landes was unarmed, Podany was smaller than his attacker.

The outcome: Prosecutors filed manslaughter charges against Podany, but a Hillsborough County judge later granted him immunity and dismissed the charge. The judge said Podany was in a place where he had the right to be and had the right to defend himself while retreating from a confrontation.

Investigating agency: Hillsborough County Sheriff

Case decision made by: Judge

The Poster at Conservative Treehouse responds......

Quote:
msfaye123 says:
September 5, 2012 at 11:29 pm

This case information was forwarded to me by a prosecutor for the City of Dallas, Texas who highlighted some similarities between this case and George’s situation. It’s a little long but IMO it is interesting.

http://www.tampabay.com/stand-your-grou ... s/case_120

The shooter in his own neighborhood saw a truck speeding through his neighborhood and called 911.

Zimmerman saw Trayvon in his neighborhood who he viewed as suspicious based on Trayvon’s behavior.

The shooter in this cased called 911, who was told by the dispatcher to get the truck’s tag number. The shooter got his gun jumped on his bike and pursued/followed the driver of the truck.

Zimmerman called 911, who was told by the dispatcher to let him know if Trayvon did anything else. Zimmerman also following the guidelines of the NW manual felt that it was important to maintain a visual of the Trayvon in order to give the arriving officer Trayvon’s location. When Trayvon ran Zimmerman exited his truck with his concealed weapon which he had a permit to carry and pursued/followed Trayvon

When the shooter reached the home where the truck was parked one of the passenger got out of the truck and punched the shooter in the face knocking the shooter off of his bike and a one-sided fight occurred which left the shooter in fear of his life who pulled his gun and shot his attacker in the head killing him.

When Zimmerman could no longer see Trayvon Martin and finished his call with the dispatcher he retreated and headed back to his truck where he was confronted by Trayvon Martin who punched him in the face knocking him to the ground breaking his nose. Based on the injuries to Zimmerman’s body and those to Trayvon’s body there was a one-sided fight which left Zimmerman in fear of his life who pulled his gun and shot his attacker in the heart killing him.

Prosecutors filed manslaughter charges against the shooter, but a Hillsborough County judge later granted the shooter immunity and dismissed the charge. The judge said the shooter was in a place where he had the right to be and had the right to defend himself while retreating from a confrontation.

The prosecutor has filed 2nd degree murder charges against Zimmerman, the evidence shows that even though Zimmerman followed Trayvon Martin at the time of the attack Zimmerman was in fact retreating to his truck. The evidence also shows that there was a one-sided fight leaving Zimmerman in fear of his life. Even though Martin was unarmed the evidence shows that he was more physically fit than Zimmerman and a witness has stated that in his opinion Martin was in control of the fight at all times.

The evidence also shows that Zimmerman was in a place where he had a right to be, and based on Florida self-defense statute Zimmerman had the right to defend himself while retreating from a confrontation.

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PostPosted: Thu Sep 06, 2012 2:31 pm 
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Still awaiting this ruling..... Maybe Lester will get on with it now that he has more free time? :24



George Zimmerman judge to rule later in unrelated stand your ground case
By Rene Stutzman, Orlando Sentinel
August 3, 2012

http://articles.orlandosentinel.com/201 ... erman-case



Link to case at Clerk's Office
http://www.seminoleclerk.org/CriminalDo ... 0CF001851A

Latest entries:

09/05/2012.... PRES.... DEFENDANT WAS PRESENT FOR DOCKET SOUNDING
09/05/2012.... MNF.... MINUTES FOR DOCKET SOUNDING BEFORE JUDGE KENNETH R LESTER JR.
09/05/2012.... MNFD.... COURT GRANTED DEFENSE MOTION TO CONTINUE
09/05/2012.... MNFD.... STATE ATTORNEY S. SALMONS/V.PHILLIPS/A. CAMBRON WAS PRESENT FOR DOCKET SOUNDING
09/05/2012.... MNFD.... DEFENSE ATTORNEY JANCHA,RICK WAS PRESENT FOR DOCKET SOUNDING
09/05/2012.... DKSN.... DOCKET SOUNDING CONTINUED TO 10/03/2012 AT 0830AM IN COURTROOM 5B, AT CRIMINAL
JUSTICE BUILDING BEFORE JUDGE KENNETH R LESTER JR.
09/05/2012.... MNFD.... ALL CHARGES: DEFENDANT CONTINUED ON BOND

Case Number: 592010CF001851A Judge: LESTER JR, KENNETH R
Defendant Name: ANITA SMITHEY
DOB: 09/1968
Proceeding: DOCKET SOUNDING Courtroom: 5B
Court Date: 09-05-2012 Time: 08:30AM
Proceeding: DOCKET SOUNDING Courtroom: 5B
Court Date: 10-03-2012 Time: 08:30AM

STILL No word on Lester's SYG Ruling

NEXT HEARING Docket Sounding, 3rd October 8:30 AM

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PostPosted: Fri Sep 07, 2012 9:19 am 
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Dr. Phil promotes the narrative...

http://www.cbsnews.com/8301-505263_162- ... -politics/

Another distortion of the facts and a continuation of the narrative.

“We’ve come up on the six month anniversary of this…I am very concerned about what’s going to happen with this case. If this does fall out of the headlines… it’s going to be open season on these young African-American men in America”…


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PostPosted: Fri Sep 07, 2012 12:35 pm 
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It's kind of amusing seeing how much hypocrisy is out there today. The same people who were giggling at the accidental release of George's school records that were subpoena'ed by the State, are attacking O'Mara for going for Trayvon's records.

Included are claims that this "proves O'Mara has no case", and so he's "trying to assassinate Trayvon's character", and hoping that the State blocks the acquisition of those records.

It totally proves that they have no desire for anything remotely resembling a fair trial. They want a lynching, evidence be-damned.


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PostPosted: Fri Sep 07, 2012 1:13 pm 
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Truthiness wrote:
It's kind of amusing seeing how much hypocrisy is out there today. The same people who were giggling at the accidental release of George's school records that were subpoena'ed by the State, are attacking O'Mara for going for Trayvon's records.

Included are claims that this "proves O'Mara has no case", and so he's "trying to assassinate Trayvon's character", and hoping that the State blocks the acquisition of those records.

It totally proves that they have no desire for anything remotely resembling a fair trial. They want a lynching, evidence be-damned.


100% agree...

These people are attacking O'Mara because he's out to "trash" the victim...how despicable...TM's records have nothing to do with the night he was killed...blah, blah, blah... Really?? Then what do GZ's records have to with it either? Of course their reply is GZ's state of mind or some such gibberish. TM's character is very much central to what happened that night. I don't know what his records will reveal, if anything. What I don't understand is why all the objections. They do know he was an honor roll student, enrolled in aeronautic classes etc., isn't that part of the narrative? If I was them, I would have wanted those records released a long time ago. I wonder why the state didn't request them. Obviously, if there's no trash in any of his records or his social media, then there's nothing to worry about, now is there?


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PostPosted: Fri Sep 07, 2012 1:25 pm 
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http://articles.orlandosentinel.com/201 ... ark-o-mara

"None of those things that are being subpoenaed is relevant to why Zimmerman profiled and pursued Trayvon and shot him in the heart," Crump told the Sentinel.

How can he say that...if those records show an out of control TM, who was capable of assaulting GZ, they are most certainly relevant to why GZ shot TM. Again, why such an uproar? What are they afraid of? Me thinks they protest to much...


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PostPosted: Fri Sep 07, 2012 2:42 pm 
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George Zimmerman Legal Defence Site.

http://gzlegalcase.com/

Includes a link to donate to the Defence Fund
http://www.gzdefensefund.com/



Zimmerman Defense Begins Discovery Process
Quote:
on 06 September 2012.

The Defense has begun its own discovery process now that the State has delivered substantially all of its discovery in the case against George Zimmerman. To date, there are still a number of items that the State has not submitted to the Defense that we feel are relevant to the case. We will be seeking these items and evidence through all appropriate means.

Our first request is a series of Subpoenas for Production of Documents requesting school records for Trayvon Martin. In the coming weeks, we will be issuing subpoenas for other items including potentially relevant data from social media platforms, reports related to chain of custody to key evidence, interviews and more.

It has become our practice to post to our website legal documents related the case as they become public record, and this will continue to be the case with our discovery requests. Moreover, any discovery we submit that becomes public record will also be posted on our website. In the case of Trayvon Martin’s school records, they are protected and will NOT be part of the public record, without appropriate court order.

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PostPosted: Fri Sep 07, 2012 2:55 pm 
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I think Bill Shafer has at least sipped the Trayvon Zone coolade

"I believe it's O'Mara doing what any good defense attorney does, and that's called fishing," said Bill Sheaffer

This is more than mere "fishing". The sorts of things being subpoenaed are VERY relevant to the case (some of them have been seen already) it is part of revealing the true details of who Trayvon was just prior to events. His propensity for violence and his troubled personality.

Quote:
Much of Trayvon's disciplinary history has already been made public.

The 17-year-old, who was staying with his father's girlfriend in Sanford, was on suspension from school at the time of the shooting because of an empty marijuana baggie. Though he was never arrested, he'd been in trouble before.

The Miami Herald reported that a school police officer searched Trayvon's book bag in October and found women's jewelry, as well as a screwdriver, which authorities described as a burglary tool. He was not disciplined for that but was suspended because, a day or so earlier, a school resource officer saw him deface a door, the Herald reported.

No wonder that Trayvon Zone inmates are up in arms...
Image


........they have decreed that people should not mention any facts about Trayvon ("bash the victim").. they prefer to stick their fingers in their ears and go
:DN4 Lalalalala....

Image

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PostPosted: Fri Sep 07, 2012 3:13 pm 
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Truthiness wrote:
It's kind of amusing seeing how much hypocrisy is out there today. The same people who were giggling at the accidental release of George's school records that were subpoena'ed by the State, are attacking O'Mara for going for Trayvon's records.

Included are claims that this "proves O'Mara has no case", and so he's "trying to assassinate Trayvon's character", and hoping that the State blocks the acquisition of those records.

It totally proves that they have no desire for anything remotely resembling a fair trial. They want a lynching, evidence be-damned.

:80

I couldn't agree more... "Lynch mob" describes how they treat most cases... the GZ case especially so.

Rather than look at facts/evidence and formulated theories and discuss.... they have it all ass-backwards.

They decide and decree that someone is guilty first... they won't be swayed by evidence.. they will ignore it or spin it to suit. Even ban mention of it.

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PostPosted: Fri Sep 07, 2012 3:28 pm 
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Subpoenas for Trayvon Martin's School Records

The Zimmerman defense has issued the following Subpoena for Production of Documents and Things in regards to Trayvon Martin's school records. NOTE: School records are protected and will not become part of public record without appropriate court order.

Subpoena - Miami Carol City High School
http://184.172.211.159/~gzdocs/document ... y%20HS.pdf

Subpoena - Miami-Dade County Public Schools
http://184.172.211.159/~gzdocs/document ... y%20PS.pdf

Subpoena - Norland Middle School
http://184.172.211.159/~gzdocs/document ... d%20MS.pdf

Subpoena - Dr. Michael M. Krop Senior High
http://184.172.211.159/~gzdocs/document ... p%20SH.pdf



GZ Legal case Documents
http://gzlegalcase.com/index.php/court-documents

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PostPosted: Fri Sep 07, 2012 4:30 pm 
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flgirl543 wrote:
Dr. Phil promotes the narrative...

http://www.cbsnews.com/8301-505263_162- ... -politics/

Another distortion of the facts and a continuation of the narrative.

“We’ve come up on the six month anniversary of this…I am very concerned about what’s going to happen with this case. If this does fall out of the headlines… it’s going to be open season on these young African-American men in America”…

*SIGH*

The promo for the show looks like it will be classic Dr Phil... distort and sensationalise.

It was bad enough having the Ostermans interview about the book... now we have a continuation of the narrative about a black child gunned down by (racist) GZ.

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PostPosted: Fri Sep 07, 2012 7:36 pm 
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Jeff Weiner@JeffWeinerOS

#GeorgeZimmerman’s defense says more subpoenas coming for “data from social media… chain of custody… interviews and more”

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PostPosted: Sun Sep 09, 2012 10:24 am 
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Its been awhile since I visited here. I was caught up in the DP trial.

Re the Trayvon school records, etc. If TM was the near perfect soon to be aeronautics flight school attendee, why not let his records go public? If it was my call and my son's character was being questioned, and I knew his records would prove him to be of stellar character, I'd say, expose away.

BTW, if rumor is to be believed Tracy is about to become a new daddy.


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PostPosted: Sun Sep 09, 2012 10:31 am 
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Re Travon's voice vs GZ's calling for help. On today's open thread at the Treehouse, there is some fantastic postings that discredit it being Trayvon.


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PostPosted: Sun Sep 09, 2012 12:59 pm 
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taurus ... Yes - LET IT ALL HANG OUT ... ALL of it! Everyone deserves to know the truth. The families, jury, Judge, courts, the public.

Seems every case becomes dirty doesn't it? Seems like a "given"...

I guess there is no such thing as a honest trial with NO LIES. No such animal. The poor jury has to determine WHO is lying. We know why ...

So very glad forensics keep advancing and help us get at the whole truth. We know people lie, forensics don't. Glad too there have been some innocent men freed - because of advancements! :91
:79


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PostPosted: Sun Sep 09, 2012 3:01 pm 
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taurus wrote:
Its been awhile since I visited here. I was caught up in the DP trial.

Re the Trayvon school records, etc. If TM was the near perfect soon to be aeronautics flight school attendee, why not let his records go public? If it was my call and my son's character was being questioned, and I knew his records would prove him to be of stellar character, I'd say, expose away.

BTW, if rumor is to be believed Tracy is about to become a new daddy.

Hi Taurus. :42

o/t
Ya know..... we did do the DrewP trial here too... and I am happy to have threads on what ever case members are following.
I suspect we could have had some fun arguing over DrewP details? :95

RT is a treasure trove of stuff... waiting to be seen :91
(Check out the "view new posts" button from time to time) :24

I'll be checking the treehouse.. they do some good work.
I am just a bit cautious about rumour... but I will post details on things that seem to be confirmed.

The Crump/prosecution side of things "opened the door" as they say to view/question TM's school records by making claims about his academic achievements and his behaviour. TM's school records are relevant to the time just prior to the shooting and may speak to his attitudes and likely behaviour etc (GZ's school records from 10 years ago less relevant). Clearly the defence have a right to see that evidence... and I think the public too.

Tracy "putting it about" is not a rumour.... 3 women involved as his "partner" at some level clearly... :24

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PostPosted: Sun Sep 09, 2012 4:48 pm 
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I understand about rumors Rumpole, and I wouldn't publish one without believing there is something that does seem to support what could be more than that. Tne story about Tracy seems to be verified by facebook posts between Brandy and him, so that seems to have some validity.

I know for a fact that Jahveris is not Tracy's son. I've seen the court records as to who his Dad is.

Look, wherever the truth is, is what I hope to see. It seems at one particular place their mind is closed to that, other than hang GZ. That's why they are afraid to see the other side of TM, Crump, etc.

Let TM's records come out publically and see where that takes the case is all I ask.


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