Judge Debra: NO GAG FOR YOU !Posted on October 29, 2012 by sundancecracker
Benjamin Crump responds: “ebidents will justimafi our ibventions“… or something
Rene’s Turn – SANFORD: Circuit Judge Debra S. Nelson on Monday refused to issue a gag order in the George Zimmerman second-degree murder case.
In a two-page order, the judge wrote that she found no “overriding pattern of prejudicial commentary” and noted that a dozen media companies that had opposed the order, including the Orlando Sentinel, were right when they argued that the state had failed to demonstrate prejudice.
The judge also noted that she had several tools to make sure Zimmerman’s jury is impartial. She can move the trial to another county, have attorneys question potential jurors one at a time and away from other potential panel members and, once seated, she can give stern instructions about avoiding outside sources of information.
Her order included no criticism of O’Mara and no hint that she believes he should do things differently.
In the meantime, Nelson’s ruling on another issue was released Monday: She gave prosecutors fewer of the defendant’s medical records than attorneys for Trayvon Martin‘s family had hoped.
They had asked for all his medical records. Defense attorneys had squawked, saying that would violate Zimmerman’s right to privacy. So the judge looked them over and handed to the state only those that she said were relevant: those related to injuries Zimmerman suffered the night he shot the unarmed 17-year-old.
“Any injuries received that night would clearly be relevant to a self-defense claim, as would any similar injuries present before that night or continuing symptoms after that night,” she wrote. “Observations of the defendant’s physical appearance surrounding the date of the shooting may also be relevant. However, other medical records relating to the treatment of untreated maladies should not be disclosed.”
During a news conference on the courthouse lawn Oct. 19, about two hours before attorneys presented their case to the judge, family attorney Benjamin Crump called for the release of Zimmerman’s prescription and mental health records.
That would be key, he said, to understanding the mind of Trayvon’s killer.
The judge’s ruling, though, kept those under wraps.
Several months ago O’Mara released a set of office notes from the Altamonte Springs doctor’s office where the defendant sought medical care the day after the shooting. They revealed that Zimmerman was taking several prescriptions, including those commonly given to people who suffer from anxiety and cannot sleep.
They also revealed that a physician’s assistant diagnosed him with a broken nose, cuts to the back of his head, two black eyes and back pain.
The judge signed the order on the medical records Friday. It became public Monday.
The gag order request was an attempt by Assistant State Attorney Bernie de la Rionda to muzzle O’Mara, who has been vocal in his defense of Zimmerman and innovative in communicating on the web, Twitter and, for a time, Facebook.
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