Maybe He Could Have Tried "FUBAR"

Jeralyn Merritt, who defends people for a living, has had time to present her thoughts on the Zimmerman bond hearing. She has lots, but one key point - contrary to my impression, the state prosecutor probably had a plan; it just blew up.

And her review of the CNN transcript reveals this highlight:

O'MARA: Which means they met. I'm just curious with the word confronted and what evidence you have to support an affidavit... And I want to know your evidence to support the word confronted if you have any.
GILBREATH: Well, it's not that I have one. I probably could have used dirty words. 

Damn right. My emphasis, natch - as a live viewer, I am sure he said "thirty".

Comments

[Carol Herman]

So, ahead, there will be an expert who will play in court, the response "dirty" ... or was it "30?"

What judge would want their own name connected to this?

I once read (because there's real crap in the judiciary), that if you were going to go to court (foolishly), over some issue ... You'd have to be aware of WHO is sitting on the bench. AND IF they have any desire to be promoted to an Appeals seat.

Why?

Because those who want to be promoted to an Appeals seat, won't risk getting "reversed."

If a higher court reverses you your career is actually flushed down the toilet. Because then you can't advance.

Like going into a casino. But first you should check your odds.

[Jack is Back!]

TM,

i watched the whole thing except for most of the telephone testimony from GZ's family. Gilbreath did say 30 not dirty. But he was a bit of a mumbler which from my friend the detective tells me is a trained attribute of police who are called to testify. I kid you not.

[myiq2xu]

Because those who want to be promoted to an Appeals seat, won't risk getting "reversed."

My evidence instructor was an appellate justice. He had what he called the "dead body rule."

Judges in California have to stand for reelection so none of them want to anger law enforcement by making a call that decides a case, like ruling a dead body is inadmissible evidence because of a bad search.

So they punt, ruling the evidence admissible while knowing full well the appellate court will reverse.

[sbw]

[Extremely OT] If you are not doing anything once a day between now and April 30, you could Vote for My Cup of Cake in the Miami Herald's business plan contest.

A 3 minute chocolate souffle is my brother's latest entrepreneurial endeavor. Just the thing for an emergency chocolate fix.

My Cup of Cake is in the Community category. A vote is also needed for an idea in the Florida International University track.

Vote once a day. Hey, sure I want my brother to earn a living, but I also celebrate great chocolate. [/OT]

[daddy]

Does anybody else remember a photo of TM and Jeralyn appearing together on some TV show way back during the Libby Trial?

I think TM was wearing a sweater of some sort and I thought he commented that Jeralyn was so cute it was tough to concentrate when being asked a question by some talk show host.

I have a very vague memory of this and can't seem to find it via google, but thought I'd bring it up to see if I'm crazy or if anyone else remembered. I think it was the first time I had laid eyes on our leader.

BTW, watching the Mariner's BallGame, and I see that in addition to Ichiro Suzuki, they now have another left handed batting Japanese guy, last name Kawasaki.

Can Toyota be far behind?

[Joan]

Just voted for Cup of Cake. Sounds interesting. I'm going to A Sprinkle and A Dash and order one (if I can.)

[Tom Maguire]

I thought he commented that Jeralyn was so cute it was tough to concentrate when being asked a question by some talk show host.

I am far too reserved or bashful or something to have said that but I have no doubt I was thinking it.

And enough already with the sweater! Everyone in my family hated it, and now I do too.

[daddy]

Apologies TM. I hope I did not offend.

It was probably me thinking she was so cute how the heck could you concentrate:)

[Jim Rhoads a/k/a vjnjagvet]

From Jeralyn's post:

One of the first rules of trial practice is that a lawyer, in creating a theme and a theory for a case, must accept the "facts beyond change." You build your story from that.

An excellent observation. Nonetheless facts "beyond change" sometimes change at the most inopportune times. How a trial lawyer deals with them separates the women from the girls.

[Clarice]

I voted for a S & a D. Looks good

[peter]

Very funny, Daddy. Suzuki, Kawasaki. Yamaha is on the dl.

[henry]

The local bird cage liner finds out the Kock Bros just kicked in another $1 million to help Walker. They also note other rich donors including Trump.

My phone calls at the Racine Walker Victory Center this morning helped a little as well (some people were happy to get the survey).

[Ignatz]

I'm struck by how much more collegial the lefty commenters are at Jeralyn's joint than our own weird trolls.
I'm also struck by their being, despite their manners, as profoundly concrete headed as our dear gaggle of numbnuts.

[Jane]

I missed TM on a talk show? Really? Well that gives me hope that some day I will get him on the radio.

[Clarice]

Well, good luck. He was here one Fourth of July and I did what I could to arrange a meetup but never heard anything back.

[cboldt]

Jeralyn runs a tight ship. Takes effort on her part, to monitor and police, but she does the work.

[cboldt]

I didn't listen to the hearing, but I understand that Glibreath disclosed DeeDee's real name. Seriously. The name doesn't appear in the transcript, but you can see where it happened.

O'MARA: During this time, Martin was on the phone with a friend and described what was happening. How did you get that information?

GILBREATH: From Detective Osteen.

O'MARA: How did he get it?

GILBREATH: He interviewed the witness.
UNIDENTIFIED MALE: I'll object to that witness' name being disclosed.

UNIDENTIFIED MALE: I apologize.

[peter]

Beyond all repair. Had to look it up on urban dictionary.

[Ignatz]

--Jeralyn runs a tight ship. Takes effort on her part, to monitor and police, but she does the work.--

Hmmm. 'Maguire' is an Irish name so I'm figuring after that comment either cboldt and a red eyed TM are going to be testing that SYG law pretty quick or TM's gonna go get sloshed. :)

[cboldt]

Akin to hitting a SNAFU.

[Ike]

cboldt: FUBAR isn't "....... beyond all repair". The tag end of phrase is "...beyond all recognitition." My source? Twenty-four years of Army service as an NCO.

[cboldt]

I concur, "recognition" is the correct term. Peter is the one who used urban dictionary to get the wrong phrase.

[Danube of Thought]

In the Navy it was "beyond all recognition."

"...than our own weird trolls." One of whom appears to have taken ill upon seeing the photo and learning of the broken nose. Come to think of, not a one of them has had much to say since the hearing. What fun.

I think the FL no-bail standard, which is everywhere described as higher than beyond a reasonable doubt, is unusual to say the least, but I have zero experience in that area. It sounds as though unless there has been a confession or the crime is caught on tape, you're just arguing about the amount. I would imagine Bernie wishes he had stipulated to bail.

[DrJ]

Chuck Colson has passed.

[GMax]

I was going to say the same thing, Ike, but you beat me to it, so just let me say thank you from the deep recesses of my soul for your service.

Reading Jeralyn for the most part is like reading the comments here from Cboldt and others. This is a piss poor case, and is starting to stink from PC marinating in a hot sun of the skillfulness of OMara.

I would disagree with Merritt on one item, only. It most certainly is not morally objectionable to have a neighborhood watch program. When seconds are important, the police will be there in minutes. Citizens being alert is foundation for a better citizenry. And so is a stand your ground law despite what Doubledumbdave and bubu think.

[Ignatz]

In the AF I heard both versions, although being in the crew chief area of things may have made 'beyond all repair' more applicable. "Recognition" was the original version as far as I know.

[GMax]

TM I swear you added this bit later, but if not Alzheimers means never having to say you are sorry! This is just world class snark, and therefore TM I salute you! here:

Wow - some days chicken salad and some days Florida state prosecutor.

[Jack is Back!]

I suppose there is universal acceptance as to what the FU part refers to:)

A White Sox pitcher just threw a perfect game. Name is Humber. Do they always come this early?

[GMax]

Perfect game is probably almost as rare as a double eagle in a major tournament. I dont think "always come this early" is right though. Don Larsen threw one in a World Series game in October. I wonder how many perfect games have ever been thrown, it not many.

[Sara]

I heard someone say just a minute ago that there have only been 21 perfect games. Although I know they are few and far between, that seemed like a really low figure. Does anyone know for sure?

[GMax]

19 in the modern era, and 2 in the 1800s. Wow that is a very rare event.

[Danube of Thought]

"It most certainly is not morally objectionable to have a neighborhood watch program."

I agree. It's easy for Merritt to say, but I seriously doubt she lives in a neighborhood like Zimmerman's.

[Jack is Back!]

My research shows this is the earliest perfect game in MLB history. Only 21 have ever been thrown. His name is Philip Humber who did it today against the Mariners at their own SafeCo field. He beats the next earliest by 9 days. Back in 1922 by Charlie Robertson, also of the White Sox!

How about those red apples, eh?

[Jack is Back!]

Aren't most neighborhood watch programs promoted, encouraged and trained by local police?

[Extraneus]

Clarice is going to be disappointed with you horndogs.

Oh, and here's a pic of Jeralyn Merritt.

[glasater]

Like going into a casino. But first you should check your odds.

Better analogy needed here, Carol H. If one were to check the odds of winning in a casino, one wouldn't go in:-)

[Extraneus]

Aren't most neighborhood watch programs promoted, encouraged and trained by local police?

They sure are, Jack. I googled this a week or so ago and there's a related link at the websites of many metropolitan police forces.

Heh. HUD had a big write-up on how great neighborhood watches were when I checked, but now google says The Neighborhood Watch data is currently being updated. As a result, the system is currently unavailable.

[GMax]

The ability to bluster and cajole this into a plea bargain, just evaporated once OMara put the ill prepared investigator on the stand and just destroyed him. If it had of been a prize fight, that would have been a TKO showing fighter refused to answer the bell...

[Thomas Collins]

Bronx Bombers just took a 10-9 lead over the Red Sox in the top of the eighth. The Bronxers wiped out a 9-0 lead the Red Sox had taken.

If the perfect game is today's ying, I guess this game is the yang.

[MarkO]

One perfect game in the WS. Thrown by Don Larson in 1956. I watched it in black and white and snow. (Not real snow, that's cruel)

[Thomas Collins]

Yankees extend lead to12-9.

[MarkO]

The Yankees have scored 12 unanswered after falling behind 9-0. This is the curse of Bobby Valentine. Not even the Bambino has that sort of dark power.

To remedy the mess, Valentine intentionally loads the bases. This is like Obama's smart diplomacy.

[Thomas Collins]

14-9.

[jimmyk]

Weren't there two perfect games within a couple of weeks back in 2009 or 2010? Or was one of those the one that was ruined by the umpire on the last out?

[Thomas Collins]

MarkO, Boston fans are already talking about when Bobby Valentine will be fired. Many have the over/under at 40 games.

[MarkO]

Boston fans are not enamored of the Valentine smirk.

[Thomas Collins]

Yankees finally retired in the top of the eighth. The score is now 15-9. Wonder what Terry Francona is thinking.

[Frau Mit-und-bei]

The results of Andrew Breitbart's autopsy are now public. Trayvon Martin's autopsy results were sealed by Crump, sealed along with all the rest of his public records.

If Obama had a son, his records would be sealed, too.

[MarkO]

LOL, Frau.

[jimmyk]

Answering my own question, perfect games occurred on 5/9/2010 and 5/29/2010. Then on 6/2/2010 Armando Galarraga's perfect game was taken from him by the umpire.

At the other extreme, there were no perfect games between 4/30/1922 and 10/8/1956.

[Sara]

I am not understanding how Crump has so much power in this case, like to seal records, etc. He doesn't represent a party in the case, he represents the parents or one of them anyway. So what gives him so much power?

[MarkO]

Sara, I think sealing the TV record is the right of his parents.

[MarkO]

TM not TV. Eeeeekkkkkk!!!!

[Extraneus]

It must be easy to seal a minor's records, Sara. That's all I can come up with.

[jimmyk]

Trayvon Martin's autopsy results were sealed by Crump, sealed along with all the rest of his public records.

They would have to be unsealed if the case went to trial, no? Surely the defense is entitled to know if TM was on drugs, if GZ is being accused of "profiling" (whatever that is).

[Jane]

Crump and Sharpton are joined at the hip with Holder - for the second time.

[Captain Hate]

Then on 6/2/2010 Armando Galarraga's perfect game was taken from him by the umpire.

George Will is frantically editing his draft of an article from that day as I type.

[narciso]

It does seem like Churchill's line about a 'mystery wrapped inside of an enigma' I didn't have that bit from the last refuge, when I wrote my standalone piece, which provides some context

Something's are transparently wrong at the FUBAR level;

http://blogs.timesofisrael.com/the-scary-nuclear-negotiations-with-iran-last-week-was-the-next-meeting-postponed-to-fit-the-eus-cather

[Thomas Collins]

15-9 is the final. Sox flop again.

[Jack is Back!]

narciso,

I happen to know Baroness Ashton from my time on London. We were neighbors. She is an over educated, over employed lefty who has never enjoyed more disadvantage than a reserved parking spot. IOWs the Brit version of our own Hillary.

[Jack is Back!]

TC,

Why don't the Sox bring in Yaz to run the team?

[Sara]

Crump lost me way back when he said that Trayvon was the epitome of the perfect child, an A/B student who HAD NEVER BEEN IN TROUBLE IN SCHOOL. I heard him repeat this yesterday. I consider 3 suspensions from school to be less than "never been in trouble in school." I know I am old and maybe somewhat out of touch regarding America's schools of 2012, but suspenson offenses are still considered "trouble" aren't they, or are they?

[Cecil Turner]

Well, I've always heard it as beyond "all repair" or "any recognition" (take your pick, but no mix and match . . . "all recognition" or "any repair" are out).

Two thing stuck out at me from the TalkLeft thread. The first is this:

So the state will claim that at one time, Zimmerman said when he got free from Martin after having his head bashed on the cement, he reached for his gun. And that on another occasion, Zimmerman said Martin grabbed for the gun. And because these statements are inconsistent, Zimmerman is lying and his self-defense claim is not credible.

I think she's absolutely right (that this is the prosecution strategy), but that it's brain dead, and no actual inconsistencies exist. The sounds on the 911 call indicate the struggle went on for about a minute. It only takes about ten seconds to choke someone out, and far less (a couple) to either punch them senseless or grab for a gun. TM and GZ could have gone through all of the abov--with a few seconds dithering between each--e and still had time for a second fall.

The other standout was this:

Was it morally objectionable? Yes, but that's why citizens' watch groups and programs encouraging people to report suspicious behavior are a bad idea. "Suspicious" is far too subjective a term.

What utter carp. I don't know what mindset suggests criminals are free to do whatever they want, and all us citizens have to meekly submit to their demands, but I'm not buying any. Further, the idea that a guy walking in a hoodie (conveniently obscuring features) in the rain, taking a very leisurely stroll (<2 mph average) on a dark night must be an innocent is ridiculous. TM proved that beyond all doubt when he assaulted GZ, and GZ's initial assessment (i.e., "suspcious person") was correct. But regardless, GZ has every moral and legal right to walk around his own neighborhood as he likes, and to ask anyone their business if he feels like it . . . and has every right to expect that he won't be assaulted in the process.

[narciso]

What with this record, what could possibly go wrong?

Between 1977 and 1983 Ashton worked for the Campaign for Nuclear Disarmament (CND) as an administrator and in 1982 was elected as its national treasurer and subsequently as one of its vice-chairs. From 1979 to 1981 she was Business Manager of The Coverdale Organisation, a management consultancy.[11][12] As of 1983 she worked for the Central Council for Education and Training in Social Work.[13] From 1983 to 1989 she was Director of Business in the Community working with business to tackle inequality, and established the Employers' Forum on Disability, Opportunity Now,

[Jack is Back!]

CT,

Remember Michael Dukakis lost the POTUS because he answered a question as a lawyer instead of using common sense?

[PaulV]

Babe Ruth perfect game was wiped off the books. Babe walked first batter and got kicked out of the game when he yelled at ump. Runner on first got caught stealing and Releif pitcher got the next 26 batters out.

[Danube of Thought]

I believe O'Mara stipulated to the sealing of the files, or at least some of them. But he will get them in discovery whether sealed or not. And because trials are public (think of the alternative), all of it will eventually be unsealed. Jurors' names, if it comes to that, might not be disclosed.

[narciso]

What could possibly go wrong,

http://twitchy.com/2012/04/19/meghan-mccain-under-the-impression-that-she-has-written-another-book/

[Captain Hate]

Some HOF comments in that link, narc.

[Rocco]

So, ahead, there will be an expert who will play in court, the response "dirty" ... or was it "30?"

... look familiar?

[Neo]

My analysis of this entire affair can be summed up as ... Trayvon Martin had a king sized case of stupid.

What happened between Martin and Zimmerman has been my dream of what would happen someday between some NYC pimp or drug dealer (in the role of Zimmerman) and some diplomatic immune UN official (in the role of Martin) who flouts the law.

[Ignatz]

Given his service to his country I could forgive John McCain anything in his long career, anything.
Anything except that boobed boil on the backside of the body politic he has inflicted on us all. And considering the longevity the McCains exhibit unless she punches her ticket early via a Happy Meal OD she's gonna be a pain in the ass for my grandkids.

[sbw]

[OT] Thanks for voting on My Cup of Cake. [/OT]

[Thomas Collins]

JiB, I don't think Yaz has the experience. As far as I know, he hasn't pursued the manager or player personnel head tracks.

[narciso]

Who are we sending to England, in recognition of Morgan and this fellow, Tomasky and some player yet to be designated later.

http://twitchy.com/2012/04/21/misogynist-msnbc-martin-bashir-exploits-secret-service-scandal-to-mock-sarah-palin/

[Danube of Thought]

Yaz ain't managerial material, any more than Mickey Mantle was.

McCain is street-smart enough to know that his daughter is humiliating herself. But what can he do about it? God, but the woman is awful!

[MarkO]

Just saw Crump on Fox. He is not tethered to facts. Can’t understand that a defendant should have legal rights. Employs an annoying glottal stop in the place of the standard aveolar stop. I find him to be the garden variety, reprehensible huckster.

[Jane]

Isn't Yaz a million years old? He lived in the same apartment complex as my mother in the 70's and he was old then.

[jimmyk]

Jane, I'm pretty sure he's in his 70s anyway.

[DrJ]

Yup -- 72 according to Wikipedia.

[daddy]

Don't know if anybody has linked to Mark Steyn, but just for this paragraph it's worth linking a second time:

Amazing to hear government agents channeling Dudley Moore in Arthur: “You’re a hooker? I thought I was doing so well.” It turns out U.S. Secret Service agents are the only men who can walk into a Colombian nightclub and not spot the professionals. Are they really the guys you want protecting the president?

[daddy]

70?

72?

At a glance I thought you guys were talking about the number of Islamic virgins in Paradise per martyr, but after catch up I now see you were talking about Carl Yastrzemski.

My bad.

[Danube of Thought]

Yaz and I are about the same age. Ditto Dylan, Mohammed Ali and Jagger.

Don't be messin' with us.

[sbw]

Dylan couldn't sing. Ali couldn't write poetry, and Jagger couldn't get no satisfaction.

DoT, you want to be included in that group of losers?

[Clarice]

Speaking of the missing. I haven't seen Old Lurker around for a while. Hope all is well. Also JMH,

[Neo]

Sen. Lisa Murkowski, Alaska Republican, said Ms. Svinicki was confirmed to her first term in 2008 without a single objection in the Senate.

“I guess the question would be to Sen. Reid, ‘What has changed?’ ” Ms. Murkowski said Thursday. “The only thing that has changed is that she has had the courage to step forward and has blown the whistle on her chairman, and the chairman happens to be a good friend to Sen. Reid.”

[narciso]

A cautionary tale, and it kind of takes chutzpah for Lisa to bring it up, you can
ask Christian Adams, Hans Von Spakowsky, et al, how that works out.

[daddy]

Same with Agent J and Verner.

Hope all is well for our absent buddies.

[Danube of Thought]

Take them all in all, sbw, and count me in with them.

Mozart couldn't tapdance.

[Sara]

I see Agent J and Verner on Facebook on a pretty regular basis.

[Porchlight]

DoT, you want to be included in that group of losers?

Watch out now. I'd be thrilled beyond words to be included in that group of "losers."

[Danube of Thought]

This should help:

"Wyclef Jean dropped the music video for his Trayvon Martin  tribute song , 'Justice (If You’re 17),' on Friday, announcing its release on Twitter.

"The artist and sometime politician first released the track on April 13, offering it as a free download. The song was produced by Prescribed and J. Williams (both also worked with the former Fugee on I Am, a short about racial profiling around the world, E! reports).

“'If you’re 17/ and you’re wearing a hoodie/ You’re on the phone/ Talking to your shorty/ Make no mistake/ There’s one like you/ In every city/ You know the story,' Wyclef starts out in the song.

"There’s no real effort at subtlety here; he lays out the story of young Martin as a Trayvon lookalike re-enacts his last tragic walk — talking to his girl, unaware that it’s his last phone call ever.

“'If you’re 17 with a hoodie on/ watch out for the neighborhood watcher/ If you at the right neighborhood at the wrong time/ Neighborhood watcher/ This might be your last call to your girlfriend/ Neighborhood watcher/ Man, I feel for you, if you're 17.'"

Especially if you feel the need to break the neighborhood watcher's nose.

[Frau Landwirtin]

Here's P.J.O'Rourke for Iggy (& DrlJ.) and any other person who has ever been drawn to the land.

[Frau Landwirtin]

DrJ, of course...

Give AgentJ my regards, Sara. I stay away from Facebook.

[Frau Landwirtin]

I have the distinct feeling that Trayvon knew what he was doing with George Zimmerman's head.

[daddy]

Nice to hear that Sara. Thanks.

[Captain Hate]

Anybody know why Janet has been so scarce lately?

[narciso]

I think Idiocracy arrived five centuries early, heck I still hold against Wyclef
what he did to 'Guantanamera'

[Ignatz]

Janet mentioned taking a trip somewhere a week or so ago, Capn.

[DublinDave]

Zimmerman: "I did not know how old he was. I thought he was a little bit younger than I am.."

Lie.

On the 911 tape Zimmerman stated that Martin was in his late teens(practially on the button).So stating that he thought Martin was a little bit younger than himself,28, is a complete fabrication.

It's funny,why lie?

Why lie during an apoligy to the mother of the child you murdered?

I know it's importnt to elicit sympathy from the judge and the public but come on...