I just got here. What happened with Donnelly? Was there a hearing?

I like that he keeps saying about the continuing attack. He also added to that all the other contributing factors that could effect the state of mind of the person.

Judge "Cliff Notes" Nelson rules based on case law synopses, when the actual decisions are exactly opposite of what she ruled with respect to text message authentication. (h/t Jeralyn, and FriendOfFinance at CTH)

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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)

No pre-trial hearing. Judge postponed dealing with Donnelly. Ruled against the defense and will not admit fighting texts and will only allow animation as demonstrative aid, not as evidence, meaning it won't go back with the 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.

Notice all of the objections - the state is not liking this witness.

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

In all the trials I've watched, I've always been biased for the prosecution. I think that's because I've always been a "law enforcement" kind of person, a law & order type. This case is the first case where I'm "biased" for the defense. I guess that's because this trial appears to be backwards: the law & order type is the defendant for a change. I'm optimistic the jury is of the same frame of mind. From their statements during jury selection, I believe they are of the "law & order" type also.

I really expect the state to bring in George's past history. Nelson to give her blessing. I hope this doesn't backfire.

It could be played in closing arguments and the jury will still see it?

Thanks, Chip. I skimmed the article and it appears to me that the general consensus among the various courts is that whether the texts are authenticated is a fact to be found by the jury. Is that your take?

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

Yes, but not over and over in the jury room, which is what the defense wanted and the judge specifically said she did not want.

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

My worry with what I've caught up on with Root's testimony, is that cross will concentrate on theories of what could have happened ...depraved mind chased unarmed teenager who was forced to defend himself ...argument of what we do not have direct evidence for.

I think MOM is being pretty careful, plus this witness was already very, very limited by judge. I guess I'm hopeful, despite this judge.

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

Yes, well said. So long as they aren't aware of the grief over the Anthony jury's failure to convict and feel they have to bend over backwards to side with the state.

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

10:33 a.m.
Root says the altercation was on the concrete and slid down the grass and was just outside Good’s townhome.

Root says he spoke with Zimmerman and the gym owner about his background training and experience.

He says he would expect a different response from Chuck Norris over Pee-wee Herman.

Root says Zimmerman didn’t have physical abilities and was described as not a fighter.

He says grapping is different than boxing because someone can tap out. He says he learned Zimmerman didn’t have the physical fitness to interact with another boxer.

O’Mara asks what knowledge Root had about Martin.

Root says the physical size of someone is more telling than age.

His review was that Martin was physically fit, but Zimmerman wasn’t even though he lost a lot of weight.

He says he read in the discovery that Martin was estimated to be in his 20s by a paramedic.

10:25 a.m.
He calls Lauer’s 911 call the most clear call to what was happening in the background.

He explains how one witness’s observation of flailing arms could coincide with what another witness saw.

Guy objects to invading the providence of the jury.

Root says when he looks at a dynamic event, he looks at the beginning and it continued with an unrelenting attack with injuries. He says he takes into account the witness statements that someone was on their back and another person was in a mounted position.

He says the lighting was poor and it was wet out.

Guy object to an improper question.

O’Mara asks if Root looked at anything that supported that Zimmerman was struck

Root says he looked at the photographs and they were consistent with the information Zimmerman provided.

He says a small flashlight found near the “T” intersection is an indicator something caused him to drop it at that location.

He says the injuries were consistent with that of a fist fight.

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

Yes, and the defense will object but who knows with this judge?

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

"I have to sustain on that one" the judge said almost apologetically?

And wow, Guy is not happy about this testimony.

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