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

Oh my. How many stinkin' hours of nonsense over how many seconds of semi-animated graphics?

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

At least this PRE-trial matter is not coming in post-trial. Nelson is working too hard to be ready to not allow it. The cross exam may not be good, hard to tell. I have no worries about Weasel being a problem. Bernie would ask which one said 'azzhole f**** punk'.

Why has "no" telephone data been entered into this trial?

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Puzzler - that which puzzles or perplexes; anything that arouses curiosity or perplexes because it is unexplained, inexplicable or secret.

I need med's with the Weasel back.

Hope you have enough meds to share...

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

Good question. MOM did say there was a big gap where TM™ was out of the area. Maybe that's one of the reasons West wanted *8 recalled? Or maybe that's part of the other proffer?

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

7:23 p.m.
O’Mara says the animation was modified based on Jon Good’s testimony

Judge Nelson asks about Lauer’s testimony and that she didn’t see anything. She asks how the animation can be made based on what someone heard and didn’t see.

O’Mara says she testified to hearing a back and forth conversation behind her home.

Judge Nelson reads from her notes.

O’Mara describes Dr. Di Maio’s testimony and the position of the gunshot to Martin as it is depicted in the animation.

Judge Nelson says the distinction with Pierce would be a demonstrative exhibit would not be evidence for the jury to consider, but only to assist an expert.

O’Mara says the court has already allowed the state to put together facts in a graphic way that supports their case.

Mantei argues the burden is on the defense to satisfy the court for the standards.

7:10 p.m.
Judge Nelson asks for the state’s position on the Daubert issue.

Mantei says he is asking for Frye and Daubert analysis.

O’Mara says for Frye he hasn’t seen a counter from the state. He says it has been in the courts and the witness has never been disqualified. He says he would acknowledge he did not present a lot of industry wide information, but the witness said he has been involved in the industry for 14 years and stays up to date.

O’Mara says for the Daubert inquiry, he thinks the court needs to be convinced it’s an accurate depiction of what happened based on information available.

He says some of it was based on trial testimony and within that context they took away some of the animation.

Judge Nelson asks for the testimony that Martin is left-handed because the animation showed a left-handed punch.

O’Mara says Zimmerman testified to it.

Judge Nelson says she doesn’t have any testimony about it.

O’Mara says Dr. Rao testified that the injury came across the nose from the right side of Zimmerman’s face. O’Mara says Fulton testified that her son was right-handed, but the medical evidence from Dr. Roa is that it came from the right side of Zimmerman’s face.

Judge Nelson asks if no can punch with their right hand.

O’Mara uses Mantei to demonstration how a right-handed punch would look. He says he thinks the testimony would suggest the more likely event was a left-handed throw.

7:02 p.m.
Schumaker says the figures are to scale.

Mantei asks if the animation shows the spacing.

Schumaker says it could be told from the video, but its not the purpose so he is looking for something that isn’t there.

He repeats the purpose of the video is to show relative positions of Martin on top where Dr. Di Maio said when the gun went off.

Mantei finishes questioning.

Schumaker is excused.

Judge Nelson asks for argument.

6:59 p.m.
Mantei asks about the movement of the position in relation to Zimmerman being able to reach for his gun inside his pants.

Schumaker says its common sense, but he didn’t hear Dr. Di Maio’s testimony.

“The gun had to be accessible, that’s common sense,” Schumaker says.

Mantei asks about position three and the depiction of the angles.

Schumaker says Dr. Di Maio mentioned 90 degrees but very slightly left to right.

Mantei asks if he only took one note from Dr. Di Maio or if he has any other notes.

Schumaker says just the one.

He says he didn’t portray a lot of the variables Mantei mentioned.

6:52 p.m.
Schumaker says the focus wasn’t on the reconstruction of the lighting but the detail of what was going on.

Schumaker says he added rain to the animation based on historical data he was given. Wind wasn’t added he says.

Schumaker says the software can be verified easily by measuring, which he has done with this animation.

He says he created the avatars for Zimmerman and Martin by adjusting things on them to match their size and clothing.

Schumaker says the height for Martin included the top of his hood and shoes, making him about 6 feet 2 inches tall.

He says another animation would have had to be created to show the gun, but it wasn’t the purpose because other people can testify to the

gunshot and its position.

The main thing, Schumaker says, was with Dr. Di Maio’s input that the person shot was on top and the person shooting was on the bottom.

O’Mara finishes questioning.

Mantei redirects.

He says in two positions the hips changed.

Schumaker says that was based on common sense.

6:45 p.m.
Judge Nelson asks when the consultation was with Good. She says Good was under sequestration as a witness.

Mantei says the state was not aware of the consultation.

O’Mara plays more of the animation.

Schumaker says he changed the animation to a still to eliminate random movements so as to show position according to Good.

O’Mara plays more of the animation. The position of the figures changes.

The third position was made in consultation with Dr. Di Maio.

Schumaker says a slope there also comes into play at that point.

O’Mara plays more of the animation.

Schumaker says it is just to show position.

O’Mara asks about the moment of the animation at the gunshot.

Schumaker says it is to show Martin leaning over Zimmerman.

O’Mara plays more of the animation to the “after shot position.” Schumaker says it is based on Zimmerman’s testimony and a Mora’s testimony.

A green circle shows the location of the marker of Martin in the Total Station data.

The viewpoint moves to that of Mora’s testimony. The screen goes back until Lauer’s call finishes.

O’Mara asks about the lighting conditions.

6:35 p.m.
Judge Nelson reads her notes about Good’s testimony and says her point is he didn’t give another time reference. There’s no knowledge of if the 8 to 10 seconds was as he was looking through the blinds or stepped out onto the patio.

O’Mara lists the times of the call and the gunshot.

Mantei says the court has hit of the problem

Judge Nelson says he doesn’t have a problem with other parts, but the overlay of the 911 call with the animation.

O’Mara says he would like to recall Mr. Good.

Judge Nelson says she’ll let O’Mara finish and then make her comments.

She asks O’Mara to finish with Schumaker.

6:29 p.m.
Mantei objects to a leading question.

Judge Nelson says she also has a question about Good calling 911 about the time of the gunshot and if it was used in the creation.

Schumaker says he used Good’s estimation from how long it took him to get up and make his call.

O’Mara asks if that would help calibrate the animation to be more refined.

Schumaker says he wouldn’t be able to re-render that animation but could do a marking to indicate it.

O’Mara points out would only change the audio track of Lauer’s call, not the actual animation.

Schumaker says it would affect the time Good went back into the condo.

O’Mara says he doesn’t want to miss an opportunity to inquire.

Judge Nelson points out the times Good mentioned in testimony.

She says she doesn’t know how long he was in the house before the gunshot and dialing 911, and the problem relating to it is the use of Lauer’s 911 call in conjunction with Good’s testimony.

6:22 p.m.
Schumaker says he used the arrow to show the direction the figures moved in to avoid creating anything not documented by witnesses.

He says the initial position came from Jon Good. The second position also came from Good.

The first event is the first visual Good had.

Schumaker says the approach of Martin is based on Zimmerman’s testimony. The confrontation is based on Zimmerman’s walk-through and multiple witness statements. The arrow shows the movement without the actual figures seen.

He says the Good’s position was modified after refinement he made in court and consultation with O’Mara and West.

The animation shows the viewpoint from Good’s back patio.

Lauer’s 911 call begins. Schumaker says he was able to relate Good’s testimony and Lauer’s call by the sound of the gunshot.

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

Don't count your chickens... she hasn't ruled yet.

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

Rumpole, I don't know how you do it.

(Of course, you could have posted Volgon poetry, and it wouldn't have been as painful.)

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

Where is flgirl543 when I can finally definitively settle debate with her hubby?

I'd raise a white flag! Truthfully, I do not care what she does with this since it is so chopped up now anyway.

Something I have noticed is this is actually the most work I have seen Nelson do.

And that's all he needs, weasel -- GZ doesn't have to refute your version, he just has to show his is plausible!

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

kbp, I have way too much time invested in this now. I'll be disappointed.

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

7:46 p.m
Mantei says Dr. Di Maio’s testimony was that the defendant’s statement was consistent and Schumaker’s use of that isn’t all he used.

Mantei says Schumaker used the defendant’s testimony about Martin throwing the first punch.

He says the court should fashion a significantly strong instruction for the jury.

7:40 p.m.
Mantei says this is “Ironman” and it’s one thing to say you’re strapping suits on someone and creating fiction and then trying to create reality.

Mantei says he’s not saying the animation has to be exact, but the idea is that if it is not accurate enough, it shouldn’t be allowed.

He points out the length of space from the gun and the placement of the hips.

He says the problem is it is argument masquerading as evidence.

7:30 p.m.
Mantei says Schumaker has never testified in court about the type of information he is presenting.

Judge Nelson asks to interrupt. She asks what the difference would be if he stepped off the stand and did a drawing rather than use computer software to do it.

Judge Nelson explains the difference between a Daubert issue and an admissibility issue.

Mantei says the animation is being asked for use as evidence.

He says the standard is higher. He says if it was demonstrative he probably would not object under Daubert.

Mantei says Dr. Di Maio testified clearly without it.

Mantei says it could be part of a closing argument, but then his argument is if it is necessary to explain an opinion.

He says Schumaker’s testimony is only an interpretation of what the attorneys gave him.

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