How on earth would that be admissible?

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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)

I wonder why the defense fought so hard to get it in just not to use it? I don't think the state can get any more information in based on GZ's medical records.

That may be true but I'm not ready to bet the farm on it yet.

We know DiMaio's testimony was limited. Is he their drug expert too?

We've also learned the impropriety was by the honorable vet, Donnelly, attending trial.

Diana Tennis guessed it may be THC out, but didn't explain why, as far as I've seen.

And finally, GZ's drug use isn't auto-entered when TM™ tox report admitted; I mean, it's not tit-for-tat. No screen was done on GZ the night of the justified shooting, so they could, at best, say what was prescribed but not what he had recently used.

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

Yeah, what Chip said.

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

...or mental ailment.

11:07 a.m.
Dr. Di Maio describes his work doing autopsies.

He worked as a consultant outside the medical examiner’s office he worked for in mostly civil cases.

He has been in private practice since January 2007.

He says he started his firearms research while in the military.

Dr. Di Maio explains microflash as something very quick to capture fast moving objects.

He explains what happens when a gun is fired.

10:58 a.m.
West asks Dr. Di Maio how wet materials should be packaged.

Dr. Di Maio says it must be dried out and packaged in paper. He says the bacteria begins multiplying in plastic and leads to mold.

“That’s standard practice,” he says.

He says most lab problems are reported by the lab itself.

Dr. Di Maio describes his academic positions.

He has published four books, multiple articles and book chapters.

His first book was “Gunshot Wounds: Practical Aspects of Firearms, Ballistics, and Forensic Techniques.

A third edition is due at the publishers in a week.

He says the book instructs about firearms and wound.

Range and nature of the weapon can be determined by the wound, he says.

Dr. Di Maio says he was solicited to write chapters in the other books.

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

One point: the Tox report is in evidence, correct? That means that the jury will have the opportunity to review it as part of the autopsy report during deliberations. Thus, the jury is going to see the Tox results, whether a witness testifies about that report or not.

(Or am I wrong on that?)

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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)

DRINK

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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

Witness: Dr. Vincent Di Maio - Expert on gunshot wounds

11:16 a.m.
West hands him a copy of his curriculum vitae.

De la Rionda objects to the submission of the exhibit.

The attorneys approach for a sidebar.

11:14 a.m.
West asks about the gas that comes out of the gun first.

Dr. Di Maio says it is like a column of gas and air being pushed straight ahead that tears a hole in the clothing, and then the bullet gets to the clothing, and then the soot follows.

Dr. Di Maio says a gun with a blank cartridge could still kill someone in a contact wound.

He has written about head trauma. He is a chief editor for a journal.

He testified for the U.S. Attorney’s Office about a police shooting in New Orleans.

He also testified for the Marine Corps in the prosecution of someone charged with war crimes.

He says he also testified for the British Government and United Nations.

He says he has testified in most states, along with Canada, South Africa, Israel, and more.

He has also received multiple awards.

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

My GUESS is if they are excluding this from testimony... they will also remove/redact from the report?

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

Remember late yesterday and discussion of another expert's testimony, I think his name is Root? We don't know what DiMaio was prepared to testify about that the defense gave up on for some reason, or how hard they fought it. Nelson asking GZ about it leads me to believe it was a stipulation to avoid another hearing.

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

The defense has permission to admit it but likely want foundation of expert testimony when they admit it. Just a guess.

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

Ok, so maybe DiMaio was going to mention tox screen as part of autopsy review?

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

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

What I mean is, maybe state objected to DiMaio testifying as tox expert and defense decided since they have an actual expert, not worth fight? she asked, hopefully.

_________________
All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

11:31 a.m.
Dr. Di Maio says the photographs show a contact discharge of a weapon against the clothing. At the time of discharge the gun was against the clothing, the gas tore the clothing, soot deposited all around it, he says.

He says the wound in the chest shows a different picture.

He describes the area of powder tattooing, or marks on the skin from powder rings of the gun.

He says the powder tattoo marks indicate powder hit the skin and the person was alive at the time.

He says it indicated the gun was not against the skin by more than an inch. He says the muzzle of the gun was two to four inches away from the skin, based on the marks.

“The clothing itself had to be two to four inches away from the body at the time Mr. Martin was shot,” Dr. Di Maio says.

Dr. Di Maio shows a photo of the gunshot wound to the jury and points out the marks showing the powder tattoo marks.

The first time powder tattoo marks are seen when the muzzle is a half inch away. He says the area of tattooing gets bigger the farther away the gun is.

11:25 a.m.
Dr. Di Maio lists evidence in the case he reviewed.

He says he did have the opportunity of Zimmerman reenacting the shooting for police.

Dr. Di Maio says the nature of the case is more about determining if the physical evidence is consistent with Zimmerman’s account.

He says witness statements vary greatly and the easiest way is to evaluated the physical evidence and compare it with Zimmerman’s statements.

He says the most important things are the autopsy report, including the photos of the wound, and the reports by the firearms examiner.

Secondary are the photos of the scene.

He calls the firearms examiner’s report excellent.

West asks Dr. Di Maio’s opinion on how long Martin might’ve been alive and conscious.

Dr. Di Maio says they would be different for alive and for conscious.

He says he had access to photos taken by the Sanford Police Department.

West asks about the gunshot and the mechanics involved.

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

Isn't Root going to testify on use of force law?

I was wondering if the defense has their own toxicology expert.

More coffee.

Two animal rescuers on jury.

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.