I hop this wasn't SIRI's idea! I was checking through some old emails and found this jaunty philanthropic appeal:
Dear Just One Minute,
Haven't reached out to you in a long time but I figured I would run this by you. Aside from my on-going mahablog work, at my other MCA blog, we have been working with Gary Cohn--the Pulitzer Prize winning investigative journalist. He will be writing a series for us on controversial and mind stirring pieces on the asbestos industry and how it relates to politics both domestically and internationally.
Here is the first piece:
http://www.mesothelioma.com/blog/authors/gary/experts-forecast-global-catastrophe-of-death-and-disease-from-asbestos-use.htm
I would be thrilled if you would be willing to syndicate this by posting it on your blog(s).
Let me know, and hope all is well!
Barbara
Hope all is well? Geez, the last time I was at the Mahablog (my go-to source for stale lefty CW) I got in a bit of a back and forth about the Trayvon Martin shooting. Ms. O'Brien was fact free, as expected, but packed my bags with this:
Tom — I know you are determined to find that Zimmerman is innocent. Your continued insistence that the one eyewitness must be right and all other testimony and evidence wrong tells me you are not being honest.
...
Now, go away and bother somebody else. I don’t like talking to people who are not willing to be honest.
PS — Booman is mostly right, ("Tom Maguire is an impossibly stupid man, and his commenters are probably even dumber") although I don’t think you are stupid as much as you lack the moral courage to acknowledge facts that don’t fit your worldview.
...Now, I’m terribly busy and I have no interest in arguing with you further on this matter. The discussion is over.
Some of that dispute was obviously my own fault - I had made the unwarranted assumption that we shared certain basic facts about the case. However, within a day or so Ms. O'Brien put up a post explaining that since Trayvon Martin had been shot at 7:25 (per CNN), George Zimmerman had been wandering around out of his truck for twelve minutes stalking poor Trayvon.
Who knew? The Sanford Police report and every other account I have seen had the time of death at 7:17. Obviously I should have been able to anticipate that much of her "reality" over which we were arguing was self-invented. And none of her commenters knew enough (or cared enough) to correct that post, which I am pleased to say would be the least of my worries here. I infer that in her world "dumb" means "doesn't agree with me", and she has no dumb commenters.
Well, we've all passed a lot of water since then. It's for a good cause but I'm not quite stupid enough to imagine this will be an ongoing collaboration.
OH, LET'S BOO THE BOOMAN! The Booman described me as, let's see, "an impossibly stupid man" because I pooh-poohed the Orland Sentinel piece which claimed two voice experts had reached some sort of a judgment on whether it was Zimmerman or Martin who could be heard screaming on a 911 call.
So let's flash forward to the Zimmerman bond hearing:
O'MARA: Witnesses heard people arguing, sounded like a struggle. During this time, witnesses heard numerous calls for help. Some of this was recorded. Trayvon's mom reviewed the 911 calls and identified the cry for help and Trayvon Martin's voice. Did you do any forensic analysis on that voice tape?
GILBREATH: Did I?
O'MARA: Did you or are you aware of anything?
GILBREATH: The "Orlando Sentinel" had someone do it and the FBI has had someone do it.
O'MARA: Is that part of your investigation?
GILBREATH: Yes.
O'MARA: Has that given any insight as to the voice?
GILBREATH: No.
Score one for impposibly stupid.
I CAN STOP ANYTIME: In the course of his rhetorical flourishing the Booman offers this:
He questions the assumption that if it's not Zimmerman, it must be Martin. Does he have a theory that there was a screamer on the grassy knoll?
You know that's right! The 13 year old dogwatcher saw part of the incident and is a bit hazy on what happened next - he says his dog ran away and he went to get it, but any psychologist can see through that metaphor. What "ran away" was the kid's self-control, so he stood there screaming.
That is only a theory, of course, but the prosecution will need to prove it is unreasonable to clear that thicket. So put a traumatized thirteen year old on the stand and swear him in. Uh huh.
ONE MORE: "Maguire doesn't offer a conjecture about why Mr. Tom Owen would make up his conclusion."
I don't think Mr. Owen is lying about the results of his software - I think he is promoting his new software that rolled out March 1, 2012 and could be yours for a mere $4,995.
I hope the Booman is not waiting for Al Sharpton and MSNBC to break that news - that would be impossibly stupid.
Don't you love it when you get a chance at such great revenge? I'm still dreaming my horrid junior high school invites me to give the commencement address and I can let them know what I really think about the place.
Posted by: Clarice | April 29, 2012 at 09:03 AM
Tom, I'm seeing double and it's far too early to hit the juice.
I guess being a lefty requires immunity from facts.
Posted by: henry | April 29, 2012 at 09:06 AM
Speaking of marketing, I think we got a two-for-one with this post.
Sounds like Ms. O'Brien might want to pair up with kaka on the "facts don't matter" team.
Posted by: jimmyk | April 29, 2012 at 09:08 AM
Nicer post.
Posted by: M. Simon | April 29, 2012 at 09:08 AM
TM, You are MUCH too nice--posting her link.
Posted by: sailor | April 29, 2012 at 09:12 AM
OT, Clarice what a great AT piece today. Pike is such an interesting word; there are so many unrelated meanings; I can think of the staff, fish, diving position, roadway, hill.... am I missing any?
Posted by: peter | April 29, 2012 at 09:14 AM
Tom, earnest effort, but if they aren't going to consider the evidence and logic of the first post, the second posting isn't likely to be more successful.
They have their fingers in their eyes and are reading, "LA! LA! LA! I can't read you!"
Posted by: sbw | April 29, 2012 at 09:38 AM
I can't think of any others..peter. Thanks.
Posted by: Clarice | April 29, 2012 at 09:39 AM
I battled with my inner churl and what can I say? The Washington Generals beat the Globetrotters once, too.
Posted by: Tom Maguire | April 29, 2012 at 09:40 AM
Angela Corey missed deadline to release evidence - Sean Lavin - WKMG Local 6, Orlando
That should not affect the public release of whatever the state filed on April 11 and 12, with the Court.
Nice to see pressure on Corey.
Posted by: cboldt | April 29, 2012 at 09:40 AM
Clarice: Acme Sharpened Pikes Report to Stockholders
Posted by: DebinNC | April 29, 2012 at 09:46 AM
Clarice, I enjoyed your pieces this morning. Thanks for writing it.
However, I am concerned that you might be Nugented for selling pikes. Someone might get the notion that Acme was encouraging their use instead of simply offering them for sale.
A clarification might reduce the odds of a visit from the Secret Service, if they have any agents left.
Posted by: sbw | April 29, 2012 at 09:48 AM
Not feeding the beast is one sure way to turn the media against her.
OTOH, how long can it take to release her case file? There's nothing in it! (I'll be here all week... Make that 'weak'...)
Posted by: Tom Maguire | April 29, 2012 at 09:48 AM
A "Dear JOM" letter always makes me sad.
Posted by: Threadkiller | April 29, 2012 at 09:50 AM
Wow, Corey is denser than DA Stratton in 'Vinnie', and that's saying something.
Posted by: narciso | April 29, 2012 at 09:51 AM
TK. Groan.
Posted by: sbw | April 29, 2012 at 09:51 AM
ha ha, TK.
Posted by: centralcal | April 29, 2012 at 09:53 AM
Corey is performing the triple somersault without a net. From what we know, she has a thin case but massive political pressure.
Everything she does is a danger to her.
Posted by: MarkO | April 29, 2012 at 09:56 AM
Our "Tom Gulliver" just crushed the entire Lilliputian civilization, and he didn't even have to call anyone "impossibly stupid" in the process.
I think this conversation is over now.
Posted by: iqvoice | April 29, 2012 at 09:57 AM
Minus 14 at Raz today.
Trails Romney bt 2.
Posted by: Danube of Thought | April 29, 2012 at 09:59 AM
TM, I sent one to the addy on the right.
Posted by: Melinda Romanoff | April 29, 2012 at 10:01 AM
Corey's assertion that public disclosure hinges on disclosure to the defendant is false. The FL public records statute hinges availability to the public on whether or not the investigation is active; not on whether or not the investigation product is turned over to defendant.
Posted by: cboldt | April 29, 2012 at 10:03 AM
Hard to see how O'Mara helps GZ by publicly defending Corey's decision to hide the evidence ball. It's like he's vouching for her at a time when she deserves all possible heat pointed her way. Why not remain silent and leave it to her surrogates to try to salvage her reputation?
Posted by: DebinNC | April 29, 2012 at 10:03 AM
But, the press only wants the Zimmerman file so they can headline all the "damning" evidence against him (they'll get their race war, woohoo!!!).
They MAY be disappointed.
Posted by: mockmook | April 29, 2012 at 10:06 AM
Heh, SBW. I've learned my lesson. If the FBI shows up I'll refuse to speak to them. I'll mention Eckenrode and why he rode out of town when the Libby case came to trial.
Posted by: Clarice | April 29, 2012 at 10:07 AM
-- Hard to see how O'Mara helps GZ by publicly defending Corey's decision to hide the evidence ball. --
He may be conflating being formally charged with being arraigned (and in some cases, those dates might be very close together); but the Discovery rule gives O'Mara a right to demand discovery after charging (April 11). If he files before the time the rule allows, he might as well not file at all. IOW, if the clock starts on May 8, then that's the earliest he could file his notice.
Anyway, the deadline is up. He filed and served notice on April 27. Delay now is justified as a matter of redaction to protect witness identification.
Posted by: cboldt | April 29, 2012 at 10:07 AM
Clarice, thank you for the chairman's report, but raises an important question. Who are the independent auditors?
Posted by: Melinda Romanoff | April 29, 2012 at 10:07 AM
Hard to see how O'Mara helps GZ by publicly defending Corey's decision to hide the evidence ball. DebinNC
I'm thinking maybe giving her enough rope, etc.
Posted by: Bob | April 29, 2012 at 10:08 AM
April 27 -> April 12. The state was obliged to delivery its discovery material by the 27th. O'Mara can move for sanctions, such as getting a court order against the state.
Posted by: cboldt | April 29, 2012 at 10:08 AM
Mel, Tim Geithner recommended them to us. I'm not at liberty to publicly disclose their names--new secret BO executive orders on corporate auditors-- but I can offer a clue:Who audited Solyndra's books?
Posted by: Clarice | April 29, 2012 at 10:13 AM
Why is it so important to Barbara and BooMan that GZ be guilty?
Posted by: Danube of Thought | April 29, 2012 at 10:15 AM
Clarice, so Corzine has a steady job now?
Posted by: henry | April 29, 2012 at 10:16 AM
After Friday's hearing, O'Mara told Local 6 he disagrees with what he called Ponce's "more strict interpretation" of the discovery deadline. O'Mara believes the deadline for Corey's office to make the documents public has not yet passed
Sanctions?... when he publicly supported Corey's interpretation of the law? I'm beginning to fear O'Mara is a bit starstruck by the national spotlight and looks for opportunities to comment or appear on tv to promote himself. Pro bono doesn't translate to "Look at me, ma. I'm on the top of the world!," does it?
Posted by: DebinNC | April 29, 2012 at 10:16 AM
-- Hard to see how O'Mara helps GZ by publicly defending Corey's decision to hide the evidence ball. --
The only agreement between the state and O'Mara is keeping witness names and identifying information out of the public view.
Posted by: cboldt | April 29, 2012 at 10:20 AM
If the eyewitness was wrong what "other" evidence and testimony exists?
Posted by: Have Blue | April 29, 2012 at 10:21 AM
What stood out to me when reading cbolt's link, was that the media legal guy stated a position, with citation. The defense guy, O'Mara, stated a position, with citation. And the only party required to state a position, with citation, i.e. Prosecutor's office, is all radio silent.
I doubt there's a legal problem with failing to respond yet - it's still the weekend.
Posted by: AliceH | April 29, 2012 at 10:25 AM
-- Sanctions?... when he publicly supported Corey's interpretation of the law? --
I agree that he is timid on "moving fast," and probably on making demands he is entitled to make. I'm inclined to think he is tolerating or encouraging a slow walk of the case, even though he knows he can demand timely response.
I haven't heard Corey's office claim that the 15 day discovery deadline starts at arraignment. That nonsense came from O'Mara in the first place.
I like that the case is getting outside pressure via public records law. I'd overlooked that discovery deadline operates to render investigation inactive. The records are now, as a matter of FL law, public, and it is up to Corey to explain to the court why she need not make them public. Ponce should file a lawsuit based on her refusal to follow the law.
Posted by: cboldt | April 29, 2012 at 10:25 AM
"("Tom Maguire is an impossibly stupid man, and his commenters are probably even dumber") "
I see these sort of remarks from lefties all the time and it is always an indication that they know they have lost the argument. The attack is code to their buddies to ridicule so they can all save face together.
But here is my real concern: Is TM's post gonna get all those people who think we are "dumber" to come over here and tell us in person?
Posted by: Jane (A dog in the crate is better than one on the plate) | April 29, 2012 at 10:30 AM
Apparently, Henry, it is not too early after all.
Posted by: Threadkiller | April 29, 2012 at 10:30 AM
Does that fool think a single human being read whatever that was? The man is around the bend.
Posted by: Danube of Thought | April 29, 2012 at 10:33 AM
LOL!!
>>>Listen to the tape and imagine that it is recording a boy who is pinned to the ground being held at gunpoint who is terrified. Allow yourself to hear it. And you will know what happened.<<<<
Imaginary evidence, FTW!
Posted by: carl | April 29, 2012 at 10:39 AM
cboldt, in some courts around here, very aggressive motions pleading is looked down upon. It may be that --since he has the upper hand already--O'Mara is just allowing Corey more time to hang herself. If the deadline was Friday, there was no reason in any event to file before tomorrow, is there?
Posted by: Clarice | April 29, 2012 at 10:39 AM
Florida Rules of Criminal Procedure - 3.220 - Discovery
Florida Statutes Chapter 119 - Public Records
The state default is records are public. I haven't found the specific section that correlates mandatory turnover to a defendant with mandatory making public.
Posted by: cboldt | April 29, 2012 at 10:40 AM
For a moment there, as I scrolled and scrolled, I thought it was gonna say "anduril" at the bottom.
Posted by: Danube of Thought | April 29, 2012 at 10:41 AM
Trayvon Martin's father was certain the shouting on tape was not his son.
Posted by: Have Blue | April 29, 2012 at 10:44 AM
-- in some courts around here, very aggressive motions pleading is looked down upon. It may be that --since he has the upper hand already--O'Mara is just allowing Corey more time to hang herself. --
Yes, his client is free on bail, and I'm sure O'Mara is busy enough. Plus, if Ponce is going to do the dirty work here, O'Mara might as well sit back.
At the same time, he should want to get the state's evidence soonest, and he has indicated that the state was acting in a way to provide the information to him before the deadline. I suppose he has a cordial relationship with prosecutors in general, and being outwardly easy-going may be his style. He didn't seemed miffed that the state filed a motion for gag order hours before the Friday hearing, for example.
Plus, he has a valid concern about keeping witness names out of the public eye, and it will take time to properly redact the state's evidence for public consumption. I agree that not having NEW material, now, is no issue at all. But what about material that has been in the court's possession since April 11/12?
Posted by: cboldt | April 29, 2012 at 10:46 AM
-- If the deadline was Friday, there was no reason in any event to file before tomorrow, is there? --
I agree with that. But if he wants this case to move along and get his client exonerated soonest, then he should be using the deadline. Before filing a motion with the court, he would, I presume, apprise the state that he expected the material already, ask when they will provide it so he has opportunity to review it, schedule depositions, and otherwise plan his management of the case. He might even offer a drop dead date, outside of the deadline, after which he will file a motion with the court to compel compliance with the rules of procedure. None of that correspondence would be public.
Posted by: cboldt | April 29, 2012 at 10:50 AM
"What stood out to me " turns out, upon second reading, to be ...what's the word? ... oh - baseless. I mixed up some of the 'who's and 'what's. Forget I said anything.
Posted by: AliceH | April 29, 2012 at 10:51 AM
Good grief, maybe it's time to take action...
http://www.bukisa.com/articles/239518_how-to-intervene-into-a-mentally-ill-persons-emergency
Posted by: OldTimer | April 29, 2012 at 10:59 AM
I suspect that bolded "and" is meant to "or," otherwise public records could be used to intimidate witnesses pretrial, when there is no codefendant.
So, Ponce has the legal tools to put the pressure on Corey. O'Mara's assignment of May 8 as the start of the 15 day discovery clock is irrelevant. That Corey fails to provide the information to O'Mara is irrelevant, in deciding Ponce's case.
Posted by: cboldt | April 29, 2012 at 11:04 AM
"But if he wants this case to move along and get his client exonerated soonest"
Zimmerman may want his defense fund to grow to the point where he has a few years living expenses covered prior to exoneration. The site isn't accepting donations as yet and there's a balance point regarding immunization which is rather ticklish. There's also a political point regarding the occupoopers Commie Day kick off for the spring rape and murder fest that will be interesting to watch. I'm betting that the Black Klan Kleagles will shoot for a tie-in.
Posted by: Rick Ballard | April 29, 2012 at 11:05 AM
Orlando Sentinel: When Zimmerman evidence is released, what will it show
Posted by: DebinNC | April 29, 2012 at 11:09 AM
"If Zimmerman is telling the truth and Trayvon had him pinned to the ground and was beating him, the teenager's body should have cuts or bruises consistent with that, she said."
I don't remember Bernie asking Gilbreath about GZ claiming TM was beating him with his fists. I do remember Bernie relating GZ's claims of the head-banging and that TM put his hands over his mouth and nose at some point and "smothering" him. Would TM's punching GZ's nose have left noticable marks on his hand?
Posted by: DebinNC | April 29, 2012 at 11:25 AM
((The Booman described me as, let's see, "an impossibly stupid man" because...))
...because he clearly enjoys bearing false witness and thinks he profits by it, much like obese people think they profit from eating a dozen deep fried twinkies for a morning snack.
Posted by: Della | April 29, 2012 at 11:30 AM
As much as I disagree with O'Mara not pushing the issue it could also be that has some of the mindset "I don't want to get the prosecutor angry..." I have seen that happen for two different reasons. First he may be angling for a deal and doesn't want to make waves. Or, second, he may be one of those defense attorneys who believes that you never anger prosecutors because they will have other cases with them. I had an attorney like that and had to fire him. I'm for aggressively pushing the envelope...
All that said let me caveat it with I don't know O'Mara and how he handles things. Just speculating based on experience.
Posted by: PJL | April 29, 2012 at 11:34 AM
Also from the Sentinel article:
"The funeral director who prepared Trayvon's body, Richard Kurtz, told the Orlando Sentinel he saw no such signs of a fight."
I can't imagine a funeral director's statements to be meaningful (or admissible), given that there was a medical examiner and autopsy. FD's aren't trained to do forensic examination of bodies for criminal investigations. As far as I know, the ME's report has not been released.
Posted by: jimmyk | April 29, 2012 at 11:35 AM
"The rules of criminal procedure (Rule 3.330(b)) say discovery is required to be given fifteen days after the demand for discovery is served. Nothing in the rule pegs it to arraignment. It is irrelevant that he does not accept it today," Ponce told Local 6 Friday.
I was puzzled as to why cboldt posted link and excerpt of 3.220, when the article cited 3.330(b). Let's call it a typographical error in the article, because turns out 3.330 in Florida Rules of Criminal Procedure states, in its entirety:
3.330. Determination of Challenge for Cause
Posted by: AliceH | April 29, 2012 at 11:38 AM
Here's Bernie leading Gilbreath at the bail hearing on GZ's claims:
...........................................
And isn't it true that a lot of statements that he made do not make sense in terms of the injuries that he described. Did he not describe to the police that Mr. Martin had him on the ground and kept bashing his head on the concrete over and over and just physically beating him with his hands?
GILBREATH: He has said that, yes.
UNIDENTIFIED MALE: And isn't it true that there is evidence that indicates that's not true?
GILBREATH: Yes.
UNIDENTIFIED MALE: Did he also not state that at some point, he the defendant -- did he not state or claim that the victim in this case, Mr. Martin, put both hands one over his mouth and one over his nose so that he couldn't breathe?
GILBREATH: Yes.
Posted by: DebinNC | April 29, 2012 at 11:47 AM
Maguire wishes. His traffic is down.
So do tell us Dana, how is your traffic doing? I mean since you wish to criticize and hold up for inspection, lets do a comparison. In fact since no one visits your lame website and you would lose hands down, lets make it fairer. Lets compare the number of students that sign up for your lame @ss class that is advertised in writing as a guaranteed A to anyone enrolled, against the traffic here on any given day. We will leave you out of the statistics, cuz for some reason you kept disappearing. @sswipe.
Posted by: GMax | April 29, 2012 at 11:49 AM
"The funeral director who prepared Trayvon's body, Richard Kurtz, told the Orlando Sentinel he saw no such signs of a fight."
Remember, too, that Martin received CPR for at least several minutes at the scene and had had an autopsy by the time the funeral director saw the body. Both the CPR and the autopsy would make it impossible for the funeral director to say whether there were or weren't any "signs" of a fight on Martin's torso--a likely target for defensive punches.
Punching someone in the nose once wouldn't necessarily leave bruises, either.
Posted by: TerryMann | April 29, 2012 at 11:51 AM
The absence of bruises on Trayvon's hands (assuming there were none) doesn't seem terribly significant to me.
Posted by: Danube of Thought | April 29, 2012 at 12:09 PM
They never learned the lesson from Sesame Street;
http://www.miamiherald.com/2012/04/29/2772852_p2/trayvon-case-spurs-other-investigations.html
Posted by: narciso | April 29, 2012 at 12:14 PM
"Would TM's punching GZ's nose have left noticable marks on his hand?"
Where was the can of tea? Trayvon might have used it in his attack. The fact remains, only one was left with injuries.
Posted by: Frau Steingehirn | April 29, 2012 at 12:17 PM
Any day now the left will claim GZ's broken nose and head wounds were the result of some kind of spontaneous generation.
Posted by: Clarice | April 29, 2012 at 12:18 PM
And, of course, if there are bruises on Trayvon's hands it can mean only that Trayvon was defending himself against the wild octoroon.
Posted by: MarkO | April 29, 2012 at 12:23 PM
Also from the Sentinel article:
"The funeral director who prepared Trayvon's body, Richard Kurtz, told the Orlando Sentinel he saw no such signs of a fight."
From the funeral director's website: "We are an independently family owned and operated business, serving the African-American community in South Florida for over five decades"
Business decision more than evidence.
Posted by: Some guy | April 29, 2012 at 12:26 PM
Any day now the left will claim GZ's broken nose and head wounds were the result of some kind of spontaneous generation.
Stigmata, proving that GZ is some kind of nutjob rightwing religionist!!11!1!1!11!
Probably a Mormon. Or Joo.
Posted by: Soylent Red | April 29, 2012 at 12:35 PM
And then there's the possibility that after profiling and stalking the kid wearing a hoodie who was nibbling on skittles and downing iced tea, he shot him in the back , then fired into the sky causing a unicorn to fall and break his nose and smash his head into the concrete.
Posted by: Clarice | April 29, 2012 at 12:48 PM
Yeah clarice. That's exactly what happened. Don't be such a flatearther Trayvon-denier
Posted by: Soylent Red | April 29, 2012 at 12:53 PM
...what I like about here, no one makes or takes the back and forth personal...
Posted by: faketony | April 29, 2012 at 12:54 PM
Bruising is the result of broken capillaries and blood pressure. TM's would be negligible.
Posted by: Strawman Cometh | April 29, 2012 at 12:54 PM
I read it on Mother Jones. It must be true.
Posted by: Clarice | April 29, 2012 at 12:54 PM
Unicorns can be dangerous.
Posted by: MarkO | April 29, 2012 at 01:37 PM
Wait for the next food fight, faketony, and duck.
Posted by: Frau Essenwerferin | April 29, 2012 at 01:58 PM
Frau:
Obama wants to know what things in that picture he is allowed to eat.
Posted by: Soylent Red | April 29, 2012 at 02:11 PM
In this case, the judge likely doesn't know either side's attorneys that well, and has to determine which ones are more credible. And, part of this is how they act in front of the court, and part is how they act in public. I think that the special prosecutor has overcharged, with an affidavit that intentionally ignores exonerating information, while using emotionally charged terms to describe equivocal evidence. So, I would expect that the judge sees this as a political prosecution.
Right now, defense counsel seems to be trying to portray himself as just the opposite - rational, civil, ethical, and honest, while still being extremely tough. Part of this is not playing gotcha discovery games, but rather, playing things straight and honest.
And, I think that we saw some of the results of this approach with the granting of a much lower bail.
We shall see.
I don't think that is it, at all. Rather, I think that he is playing to the judge and to the public. The judge gets to deal with scum attorneys on a routine basis - not just criminal, and maybe primarily not criminal, but in civil cases as well.Posted by: Bruce | April 29, 2012 at 02:16 PM
I haven't found the specific section that correlates mandatory turnover to a defendant with mandatory making public.
I mentioned it in another thread. Under the definitions for public records, material that is turned over, or by law must be turned over, to the defense is excluded from being the type investigative material exempt from disclosure.
Posted by: MJW | April 29, 2012 at 02:36 PM
119.011 (c) “Criminal intelligence information” and “criminal investigative information” shall not include:
* * *
5. Documents given or required by law or agency rule to be given to the person arrested, except as provided in s. 119.071(2)(h), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s. 119.07(1) until released at trial if it is found that the release of such information would:
a. Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and
b. Impair the ability of a state attorney to locate or prosecute a codefendant.
Posted by: MJW | April 29, 2012 at 03:03 PM
@Bruce:
You may be entirely correct. As I said in my original post I do not know O'Mara or his methods. I was speaking from the experience of hiring the "top" attorney in the state and finding out nine months later that he never even filed a Discovery Motion. I am speaking from experience in interviewing many attorneys before I actually found one that embodied the sincerity and honesty that one would like in an attorney.
As an aside - it took almost nine years for me to be exonerated - and that after winning an appeal at the state supreme court level and having to wait further while the state petitioned SCOTUS on my case. They denied the state's petition.
I haven't covered the GZ/TM case anywhere near as extensively as was done here, and I can't do justice to the issues raised. At my meager blog I do write a little about Corey's "investigators" and their affidavit and what tripe actually passed for probable cause in this case. At some point I will tie that in with the specifics from my case relating to probable cause.
Posted by: PJL | April 29, 2012 at 03:15 PM
PJL,
What you went thru is inexcusable, however I would be surprised if a lawyer getting this much press scrutiny wasn't doing his job.
Posted by: Jane | April 29, 2012 at 03:55 PM
Posted by: Bruce | April 30, 2012 at 01:43 PM
Who knew, or cared, that the Booman Tribune idiot was still writing? Besides him, I mean.
Posted by: Slartibartfast | April 30, 2012 at 05:05 PM