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PostPosted: Thu Apr 04, 2013 4:54 pm 
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Rumpole wrote:
I am going to have to take on extra staff to gather all the DAFT posts elsewhere as Traybots go postal!!! :slap


This is actually good for Beasley. Nothing like evidence destruction to multiply punitive damages. Judges and juries typically think the worst about destroyed evidence. Frequently better than actually having the evidence that was destroyed. Hopefully destroyed contrary to an ABC policy manual provision on the topic of retention of recorded interviews.


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PostPosted: Thu Apr 04, 2013 4:56 pm 
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My favorite part:

"Mr. Crump led the effort to pressure the State of Florida to charge Mr.
Zimmerman with the murder of Trayvon Martin. To fuel his effort, Mr. Crump
solicited the help of a public relations firm App. CC: 266. With the firm's help,
Mr. Crump made several high-profile television appearances where he made
accusations about law enforcement corruption, speculated about the evidence in
this case, and accused Mr. Zimmerman of an egregious act by stating repeatedly
that George Zimmerman "profil[ed], pursu[ed], and confront[ed] Trayvon Martin
and then kill[ed] Trayvon Martin in cold blood." App. H: Clip 8; 00:35. More
significantly, Mr. Crump sequestered Witness 8, coordinated her first interview
(App. H: Clip 1 ), misstated the circumstances regarding the taking of the
statement, and shared select portions of the interview with the press while
simultaneously refusing to reveal the witness' identity or testimony to law
enforcement or provide any other information to the agencies responsible for the
investigation.
A civil lawyer with a vested interest in the outcome of the case should not be
allowed to keep evidence from law enforcement; potentially influence significant
witnesses; speak on national television about evidence he claims to exist and
witnesses he has spoken with; accuse several law enforcement agencies of
dishonesty; otherwise play a central role in the media persecution; and then gather
evidence to further the prosecution of the Petitioner and, as a result, significantly
threaten Mr. Zimmerman's chance of having a fair trial, yet claim he is not subject
to a deposition regarding non-privileged matters.

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"The best evidence we have is the testimony of George Zimmerman, and he says the decedent was the primary aggressor in the whole event. Everything I have is adding up to what he says." - Christopher Serino


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PostPosted: Thu Apr 04, 2013 4:58 pm 
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Rumpole wrote:
BOMBSHELL indeed

I am going to have to take on extra staff to gather all the DAFT posts elsewhere as Traybots go postal!!! :slap

Today's getting better and better. :Gslap :84


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PostPosted: Thu Apr 04, 2013 5:05 pm 
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John_Galt wrote:
Bombshell @ page 21 of the DCA petition to depose Crump:

"Out of the 25-minute clear recording ABC News took of the interview, ABC has
only preserved the 5-minute clip referenced supra."

Evidence destruction, much?

Now the question is when they decided they didn't want to keep the entirety of the interview and why they chose to only keep that subset (which coincidentally was a subset Crump didn't feel like recording).


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PostPosted: Thu Apr 04, 2013 5:07 pm 
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Rumpole wrote:
BOMBSHELL indeed

I am going to have to take on extra staff to gather all the DAFT posts elsewhere as Traybots go postal!!! :slap

Take a week off from your day job, you're going to need to put in some extra hours mining through the gold mine coming to you :D :lol


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PostPosted: Thu Apr 04, 2013 5:08 pm 
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Unfortunately, I think it will be denied based on Bill Kasper Const. Co., Inc. v. Morrison, 93 So. 3d 1061 (Fla. 5th DCA 2012). O'Mara cites several cases allowing an interlocutory appeal of a discovery denial, but Bill Kasper Const. Co., Inc. v. Morrison seem to me to explicitly recede from them.


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PostPosted: Thu Apr 04, 2013 5:20 pm 
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MJW wrote:
Unfortunately, I think it will be denied based on Bill Kasper Const. Co., Inc. v. Morrison, 93 So. 3d 1061 (Fla. 5th DCA 2012). O'Mara cites several cases allowing an interlocutory appeal of a discovery denial, but Bill Kasper Const. Co., Inc. v. Morrison seem to me to explicitly recede from them.


Hopefully they make an exception for the purpose of ripping Crump the new one that he so richly deserves. Maybe something like "however in the instant case, where petitioner has made a prima facie showing of witness tampering and obstruction of justice. . . ."


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PostPosted: Thu Apr 04, 2013 5:32 pm 
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John_Galt wrote:
Unfortunately, I think it will be denied based on [url=http://scholar.google.com
Hopefully they make an exception for the purpose of ripping Crump the new one that he so richly deserves. Maybe something like "however in the instant case, where petitioner has made a prima facie showing of witness tampering and obstruction of justice. . . ."


I certainly hope so. I wonder if the DCA will continue the trial while they consider the the motion for cert. As I recall (I could be wrong), the rules of judicial procedure don't spell out the power to do so, but it's inherent in the DCA's supervisory authority.


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PostPosted: Thu Apr 04, 2013 5:48 pm 
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auscitizenmom wrote:
Today's getting better and better. :Gslap :84


How sweet it is!!! :Q17


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PostPosted: Thu Apr 04, 2013 5:53 pm 
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On the TalkLeft discussion of this issue, cboldt somewhat disputes my opinion that Kasper will determine the issue.

The point I think he's making is interesting. If Crump were on the defense's side, then on direct appeal the defense could proffer his testimony, allowing the appellate court to determine if the error was harmless. Since Crump is an adverse witness, there's no way to really know how helpful his testimony would have been. So if there was an error, the harmfulness would be difficult to determine.

The problem could be solved by granting a new trial if denying the Crump deposition was an error, but that seems like a roundabout way of handling an error which might or might not have been completely harmless.


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PostPosted: Thu Apr 04, 2013 6:01 pm 
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If I was in Crump's predicament, I would plead the 5th if deposed.


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PostPosted: Thu Apr 04, 2013 6:57 pm 
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John_Galt wrote:
Bombshell @ page 21 of the DCA petition to depose Crump:

"Out of the 25-minute clear recording ABC News took of the interview, ABC has
only preserved the 5-minute clip referenced supra."

Evidence destruction, much?



Do you think that they are just trying to cover some of the lies Gutman help spread.


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PostPosted: Thu Apr 04, 2013 7:02 pm 
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Darkman wrote:
John_Galt,

And then what would happen?


Judge Scott would invite me to a "pleads the fifth" club dinner?

Legally, I think the State would have to offer Crump immunity to compel testimony, otherwise Crump could not be forced to testify. Pretty sure that Corey would not do that. I think I read one case where the defense can file a motion to compel the state to offer immunity upon a showing of misconduct related to the witness testimony. Nelson probably would deny such a motion.


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PostPosted: Thu Apr 04, 2013 7:24 pm 
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John_Galt wrote:
BDLR: I didn't read the deposition notices.

Powerful stuff, Bernie. No Shakespeare for the occasion?

Quote:
To Read or Not To Read, that is the Question.


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PostPosted: Thu Apr 04, 2013 7:28 pm 
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boricuafudd wrote:
To Read or Not To Read, that is the Question.


:Gslap

Whether to suffer the slings and arrows of repeated motions for sanctions,
or by reading, end them.


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PostPosted: Thu Apr 04, 2013 7:31 pm 
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John_Galt wrote:
Whether to suffer the slings and arrows of repeated motions for sanctions,
or by reading, end them.

:Gslap :84 :slap


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PostPosted: Thu Apr 04, 2013 9:09 pm 
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Jeralyn - Talk Left

Zimmerman Files Appeal Over Benjamin Crump's Deposition

http://www.talkleft.com/story/2013/4/4/ ... Deposition


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PostPosted: Thu Apr 04, 2013 9:19 pm 
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Thanks flgirl...I love Jeralyn (in a nice way, for her clearly stated legal analysis) :)

TalkLeft - excerpts
Quote:
(....)
I think Zimmerman should win based on the waiver argument alone. I also don't think Crump comes close to being an "opposing counsel" in the case. In a criminal case, there are two parties: the Defendant and the State. Crump represents the family of the deceased -- that shouldn't make him opposing counsel. Nor does he represent Witness 8. Even if he were "opposing counsel, O'Mara explains why that doesn't prevent his deposition from being taken on the Witness 8 issue.

There's a new revelation: ABC's Matt Gutman recorded the entire Witness 8 interview but destroyed all but the five minute segment missing from Crump's recording that surfaced a few weeks ago.

Is this why Mara hasn't set his motion to subpoena ABC's recording for hearing? Because ABC has told him the only portion retained was the 5 minute clip available on its website? What about the clips from Gutman's other interviews with Witness 8, aired during ABC broadcasts?

Also, apparently O'Mara has not yet conducted the continuation of Witness 8's deposition.
(....)
My opinion: Crump has been burning both ends of the candle for far too long. It's time for the court to snuff out the flame on one end. If he wants to play investigator, share his results with the public, and make grand public announcements that state officers and officials have lied, and George Zimmerman is guilty of cold-blooded murder, he shouldn't be allowed to play hide and go seek when asked to provide information as to the reliability of his claims. He made the decision to go public with his dubious claims, which were relied on by the state in filing charges against Zimmerman. He filed an affidavit, parts of which are either mistakenly or intentionally inaccurate. Whatever privilege he might have had as to Witness 8 by virtue of his representing the Martin family had he not gone public, should be deemed waived. He has made himself a witness, and neither the attorney-client nor work-product privilege should protect him.


...more at link
http://www.talkleft.com/story/2013/4/4/ ... Deposition

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___________ Rage, rage against the dying of the light


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PostPosted: Thu Apr 04, 2013 9:25 pm 
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Quote:
There's a new revelation: ABC's Matt Gutman recorded the entire Witness 8 interview but destroyed all but the five minute segment missing from Crump's recording that surfaced a few weeks ago.


"Destroyed" is so harsh. MOM said "only preserved the 5-minute clip" like maybe they left it uncovered and the rest of it evaporated or melted or something.


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PostPosted: Thu Apr 04, 2013 9:31 pm 
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Quote:
"Destroyed" is so harsh. MOM said "only preserved the 5-minute clip" like maybe they left it uncovered and the rest of it evaporated or melted or something.


Maybe Matt took it home and his dog ate most of it...


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