If the state dumps DD before trial, can the defense still call her? And if she "disappears", can the defense still play her videotaped deposition?

Behavioral analysis here could be revealing of something significant, which is a witness W6 attempting to intervene verbally and getting no result then shouts loudly enough for several neighbors to hear that he is going to call 911 and while all of this is occurring whose face is it that is turned away from the witness who is trying to intervene?, turned away so as not to show the face and not to be identified?, and neither seeking to communicate a plea for help with eye contact or any utterance. The person on the bottom had their face turned towards the witness W6, but the person on top turned away. How does the behaviorial analysis square with the incredible counterintuitive theory it would have been the person on top who was turned away from the witness who was mysteriously yelling for help in a direction away from the person who may have been able to help, as if shouting cries for help into empty space? It only adds up as rational that it was the person whose face was turned towards the witness W6 who was trying to intervene. The alternative proposition makes no sense. W6 announces his presence and the person seeking help would look towards their potential rescuer, and would not be instead looking away from the person shouting they were calling the cops, so as not to provide that witness a look at their face. The assailant of the man who was screaming for help did not want the witness who was calling the police to see his face and be able to identify him. This is the same reasoning explaining why the assailant was carrying no identification, because he did not wish to be identified.

W8 is on the defense witness list, so the defense could call her if the state doesn't. (I doubt they would, though.) A discovery deposition in a criminal case can't be used as substantive evidence, meaning it can't be used to prove a fact. It can be used to impeach a witness as a prior inconsistent statement. The Florida supreme court decided that in State v. Green, 667 So. 2d 756 (Fla. 1995). Therefore, if W8 doesn't testify, her deposition can't be used in the trial.

I have faith in Nelson. If BDLR wants the magic software salesman to testify, he will be on the witness stand at trial.

Nelson will dust off and cite this case:

http://www.leagle.com/xmlResult.aspx?xm ... -1950-1985

See how easy? Trayvon, while beating the shizzle out of GZ, was screaming for help. We know that is true because Dee Dee heard Trayvon say "get off" right after the phone went dead.

choo choo, clear the tracks, the Orange Blossom Special is coming through.

It's the no GPS data, No ping logs, No believable phone forensics Express coming down the tracks .....toot toot. They tied him up. They laid him on the railroad tracks. Oh Lord the train is coming, the train is coming, so what's he going to do? And then ....And then .....

And then along came Jones......





Who is "Jones"

O'mara.... slow walking O'mara.... slow talkin' O'Mara.......pinky ring tottin' O'mara.......

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

O'Mara as Jones ????....na, maybe West can help out there

Nelson entertained a verbal motion after the end of the scheduled April 30 hearing. Which makes it a new hearing. Was this new hearing closed to the press in violation of law, or did the press elect not to cover the new hearing?

http://www.floridabar.org/DIVCOM/PI/RHa ... enDocument

From CTH.............

The Media And The Zimmerman Trial…
Posted on May 9, 2013 by sundance

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

Nettles and the gang turned up something very interesting.

It seems that Angela Corey just now filed notice (pdf) of a need for a time extension of her special appointment. Further, it seems that her filing is untimely per the original EO, and that the governor's EO extending the assignment was equally untimely.

John Galt or any of the other lawyers in the house: care to take a look and chime in? I agree with Ackbar: the Orange Blossom Express may have just derailed itself.

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

Just in From HLN:

Motion for special field trip for Zimmerman jurors to go to scene of the crime.

http://www.orlandosentinel.com/news/loc ... 8854.story

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Defense attorneys ask judge to let jurors travel to scene of shooting during George Zimmerman trial

By Rene Stutzman, Orlando Sentinel
3:04 p.m. EDT, May 9, 2013

George Zimmerman's attorney today filed paperwork, asking the judge to allow jurors to leave the courthouse during the trial and travel to the Sanford neighborhood where the defendant killed Trayvon Martin.

That would allow jurors to better understand the vantage point of individual eye- and ear-witnesses, many of whom are expected to describe what they saw and heard, wrote defense attorney Mark O'Mara.

None saw or heard the entire altercation, he noted.

"In this way, the jury can best decide how reliable each witness' testimony is," he wrote.

Zimmerman is the Neighborhood Watch volunteer who shot Trayvon Martin, an unarmed black 17-year-old, Feb. 26, 2012, in Sanford after calling police and describing him as suspicious.

....more at link
http://www.orlandosentinel.com/news/loc ... 8854.story

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

From GZ Legal Site

http://www.gzlegalcase.com/

http://www.gzlegalcase.com/index.php/di ... -discovery



DEFENDANT'S MOTION FOR ANONYMOUS JURY

on 09 May 2013.
The following motion has been filed with the Court:

DEFENDANT'S MOTION FOR ANONYMOUS JURY
http://www.gzdocs.com/documents/0513/mo ... s_jury.pdf



STATE'S MOTION REQUESTING COURT TO COMPEL SHELLIE ZIMMERMAN TO TESTIFY AT DEPOSITION

on 09 May 2013.
The State has filed the following motion with the Court:

STATE'S MOTION REQUESTING COURT TO COMPEL SHELLIE ZIMMERMAN TO TESTIFY AT DEPOSITION
http://www.gzdocs.com/documents/0513/st ... sition.pdf



MOTION TO ALLOW JURY TO INSPECT INCIDENT SCENE DURING TRIAL

on 09 May 2013.
The following motion has been filed with the Court:

MOTION TO ALLOY JURY TO INSPECT THE INCIDENT SCENE DURING TRIAL
http://www.gzdocs.com/documents/0513/jury_view.pdf

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

So NBC is seated right behind George, huh?

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Getting facts right is a fundamental requirement of morality.
- P. J. O'Rourke

Wouldn't that be great?

In addition to their network reporter, the front row will also contain NBC's O&O from Miami and another NBC broadcast affiliate.

It's kind of strange and amusing to see Mr. Knechel listed under his internet name, or "nom de series of tubes", as the late Senator Stevens might have put it.

As I understand it, where who is seated was determined by lottery, so all that NBC-ness right behind Zimmerman is just co-incidence.

Am I correct in counting 6 open seats for those who wish to be on the defense side,
while there are 24 open on the prosecution side (assumig the legal team uses the front row)?

With other trials it does seem to have been "normal" to sit on the side you support... but I don't think its a rule?

Clearly this is a very small courtroom as far as high profile cases go


It would have made more sense to seat the Media behind the State

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

That isn't good. Then I'd take a seat in row 55-60 so I could listen to the family fight over who gets to choose a guest the next day!