The George Zimmerman Bail Hearing

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

George Zimmerman will be released on bail, set at $150,000.  The prosecution had asked for $1 million, the defense for $15,000.

CNN has 1, 2, 3 transcripts. Here is the CNN live blog and the Guardian live blog. The single most interesting blog point I have seen made is here; I discuss it below, but you won't see me spoiling the surprise up here.

This was a ghastly opening day for Assistant State Attorney Bernie de la Rionda, who seemed unprepared and admitted as much:

"Mr. Gilbreath, I didn't know we were going to be trying the case, I'm going to add up -- I apologize."

Hello!  Maybe the prosecutor should have prepped himself by reading up on 'Arthur' hearings:

Jeff Weiner, a former president of the National Association of Criminal Defense Lawyers who practices in Miami, said Zimmerman was not necessarily entitled to release on bail. He faces up to life in prison for second-degree murder, a crime for which suspects in Florida are not usually afforded bail.

But if Angela Corey, the special prosecutor assigned to the case, wants to oppose his release, she will have to preview at least some of the evidence the state has against Zimmerman in proceedings known in Florida as an Arthur hearing, Weiner said.

“The state has the burden of proof to go forward and convince the judge that proof of guilt is evident and that the presumption of guilt is great … That’s what this hearing is about,” Weiner said.

Well, maybe the prosecution got the wrong instructional video.

It's hard to pick the lowest of the low, but the darker moments for the prosecution included:

- The admission by co-lead investigator that he had not personally interviewed George Zimmerman;

- the admission that he had not requested Zimmerman's medical records from the hospital;

 - the admission that the state has no evidence to contradict Zimmerman's claim that, following the advice of the police dispatcher, he headed back to his car;

 - the admission that the state has no evidence to contradict Zimmerman's claim that Martin assaulted first.

 -  the admission that the investigtors have not been "given any insight" by the voice experts at the Orlando Sentinel and the FBI who attempted to identify the screams on the 911 tape (My 'told you so' moment).

Among the rays of light for the prosection was this:

UNIDENTIFIED MALE [de la Rionda]: 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. 

So the beating may not have been as fierce as Zimmerman described, or believed. However, the defense returned to this point, regrettably during a CNN break:

COSTELLO: Back live to the bond hearing in Sanford, Florida. Mark O'Mara, who is George Zimmerman's attorney is doing another redirect of the state's attorney investigator. They're talking about what injuries George Zimmerman had to his head that night. Let's listen. 

GILBREATH: Managed to scoot away from the concrete sidewalk and that is at that point is when the shooting subsequently followed. That is not consistent with the evidence we found. 

O'MARA: The injuries seem to be consistent with his story, though, don't they? [ABC pic]

Dale; The injuries are consistent with a harder object striking the back of his head than his head was. 

O'MARA: Could that be cement? 

GILBREATH: Could be. 

O'MARA: Did you just say it was consistent or did you say it wasn't consistent? 

GILBREATH: I said it was. 

Not a bad cross.  The fact that some evidence points against Zimmerman's story does not mean that there is no evidence supporting it, as Mr. O'Mara demonstrated.

The prosecutor did offer this for a future "Great Moments In Cross Examination" video.  The topic was Zimmerman's belated apology to the Martin's parents:

UNIDENTIFIED MALE: Why did you wait so long to tell Mr. Martin and the victim's mother, the father and mother, why did you wait so long to tell them? 

ZIMMERMAN: I was told not to communicate with them. 

UNIDENTIFIED MALE: Ok. So even through your attorney, you didn't ask to do it right away? Your former attorneys or anything. 

ZIMMERMAN: I did ask them to express that to them. And they said that they were going to. 

Anybody can have a bad day.

NEVER BEEN IN A WEIGHT ROOM: Timothy Noah makes a possibly embarrassing admission about his own life style choices:

2.) Zimmerman "did not know how old he was. I thought he was a little bit younger than I am." This would appear to suggest that Zimmerman wouldn't have fired the gun had he known Martin was 17. He fired the gun believing Martin was perhaps 25 or 26 (Zimmerman is 28.). The assumption, I guess, is that a 25 year-old is stronger or likelier to be carrying a gun or in some other way more potentially dangerous than a 17 year-old. There's no reason I'm aware of to believe that should be so. Zimmerman thereby confirms that he's a guy who leaps to conclusions.

I need help here - is there any sport where 17 year old males have an edge over older, stronger, more experienced 25 year olds?  Riding, maybe?  I'm stumped. (Yes, it's different for the young women, especially in gymnastics where puberty can be  killer. For guys, puberty is muscle-up time... geez, am I explaining the birds and the bees to TNR writers?)

In any case, if Martin's age is irrelevant, why is he referred to as a child all the time? In the court of public opinion, his age matters, and if Mr. Noah thinks that apology was addressed exclusively to the people inside the courtroom, well, my goodness.

I will say his third point is a good one - Zimmerman's admission that he "did not know if [Martin] was armed or not" was not helpful to the defense. It's probably not that harmful, however - Zimmerman claims that Martin grabbed for Zimmerman's gun, causing him to fear death or grievous bodily harm.  

In any case Zimmerman must have covered this ground in his repeated interviews with investigators, and what else could Zimmerman say - after the fact, what basis could he have had for saying he believed that Martin had been armed? That would be less plausible than his gun struggle claim (which I don't love - as a concealed carry permit holder, Zimmerman ought to know self-defense law and what to tell police.)

GOOD POINT: Assessments change, but on the 911 call Zimmerman described Martin as "late teens", yet he was older on the stand today. Why the change?  Who knows?  Maybe Martin had a deeper voice than Zimmerman associated with teens and aged him after he heard him speak just before their scuffle. Maybe Martin was stronger or fiercer than Zimmerman thought a teenager ought to be.  Maybe he lied on the stand.

Well - the left will hang their hate on this, so props to Prof. Hutchinson, where I saw it first.

LOOKING FOR REACTIONS: Jeralyn Merritt has not chimed on with her thoughts (this whole day job thing interferes with so much punditry...) but her first commenter deserves a prize:

It appears the prosecution's legal strategy is... (wait for it)... The Sneering Tone of Voice.  

Other than that I can't really see what he accomplished except to indicate to the judge he's a jerk. 

Well, and unprepared.

The WaPo leads with the apology (as does everyone) and has this deep:

The hearing provided a few glimpses into the evidence amassed by investigators, and in some cases evidence they do not have.

Dale Gilbreath, an investigator for the state attorney’s office, testified that he does not know whether Martin or Zimmerman threw the first punch and that there is no evidence to disprove Zimmerman’s contention that he was walking back to his vehicle when confronted by Martin.

Gilbreath also said evidence does not back up parts of Zimmerman’s story, such as his claim that Martin was slamming his head against a sidewalk just before he pulled out his handgun and shot the teenager.

“That is not consistent with the evidence we found,” said Gilbreath, who did not provide details.

The NY Times makes no mention of the comical prosecution presentation. Better their readers get that grim news elsewhere. [OK, their unmarked updating has now added a section of the prosecution debacle.]

The LA Times has a bit of the bad news deep:

The hearing was also notable for the extensive grilling that O'Mara gave one of the investigators for the state attorney's office, Dale Gilbreath, who helped prepare the probable cause affidavit that was the basis for Zimmerman's arrest.

The affidavit says Zimmerman "confronted" Martin, after which a struggle ensued. In a likely preview of the defense strategy at trial, O'Mara questioned the use of the word "confronted."

"Do you know who started the fight?" he asked the investigator at one point.

"Do I know? No," Gilbreath said.

"Do you have any evidence that supports who may have started the fight?"

"No" Gilbreath said.

YOU KNOW IT WENT BADLY FROM THE HEADLINE: ThinkProgress:

Prosecutor: Zimmerman Allegedly Slapped His Ex-Girlfriend And ‘Asked Her How It Felt’

They left out "Defense Counsel Slaps Prosecutor, Asked Him How It Felt"

The judge was far less impressed that Think Progress by Zimmerman's inglorious past; fro the Guardian live blog: 

The judge all but pooh-poohed the 2005 charges brought against Zimmerman for felony battery of an officer and resisting arrest. The charges were later reduced to a misdemeanor and Zimmerman never served prison time, although he was required to attend anger management classes.

This kind of thing is all too common, the judge said, suggested that the charges were somehow inflated and should not be taken as an indicator – that he, at least, would not be taking them as an indicator – of George Zimmerman's propensity for violence.

Well, the prosecutor impressed the stalwarts on the left, so he has that working for him. Too bad about the judge... 

WHO KNOWS WHAT EVIL LURKS IN THE RETREAT AT TWIN LAKES?  More hints of the dazzling prosecution case to come:

Now O'Mara is asking Gilbreath questions again. He's driving at how long after the operator told Zimmerman not to follow Martin that the suspect "continued to follow" the scene.

Gilbreath: "We have a witness statement who observed shadows or figures running by her residence." He says he can't identify who they were.

I'm betting one of the shadows was black, but did the other shadow look Hispanic or White Hispanic?

(FWIW, I can't find that in the CNN transcript, but they did keep cutting away for revenue breaks.)

ALWAYS WHERE YOU LEAST EXPECT IT: A comedy highlight - defense counsel O'Mara has co-lead investigator Gilbrath on the stand:

O'MARA: Ok. Have you ever had your nose broken? 

GILBREATH: No. 

O'MARA: Have you ever had your nose fractured or broken. 

GILBREATH: No.

O'MARA: You know that that was an injury that Mr. Zimmerman sustained, correct? 

GILBREATH: I know that that is an injury that is reported to have sustained. I haven't seen any medical records to indicate that. 

O'MARA: Have you asked him for them? 

GILBREATH: Have I asked him for them? No. 

O'MARA: Do you want a copy of them? 

GILBREATH: Sure. 

O'MARA: I'll give them to the state. It's a more appropriate way to do it. If you haven't had them yet, I don't want to cross you on them.

Send better rodeo clowns.

YOU KNOW THAT'S RIGHT: From the conclusion of the prosecutor's closing statement:

I'm not here to argue all the facts, obviously.

Obvious as the day is long.

Comments

[cboldt]

@7:00 is not cboldt. I'm outta here. Thanks for the fish.

[I'll bet he went to the hospital after being released.]

I, too, trust the judgement of the Sanford Fire EMTs, but they could neither clear him medically, nor could they insist he be transported. This was the police's decision, and they erred, but got lucky.
=============

[narciso]

So if De Rionda will be presenting the state's case, what function does Crump really
serve in the trial, besides agitprop.

I've met Poole, briefly, nothing gets by him;

http://pjmedia.com/tatler/2012/04/20/fbi-reverses-course-on-intel-sharing-shutdown-after-pjm-reporting/#respond

[Bob]

UNIDENTIFIED MALE [de la R, I think]: 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.

So why would Trayvon be covering up Zimmerman's mouth if Zimmerman wasn't hollering and yelling for help? There is another Crump/media fabrication down the drain. Trayvon wasn't screaming for help, he was trying to shut Zimmerman up before the entire population of the complex ran out and saw him on top of Zimmerman.

[Tom Maguire]

If any or all cboldts care to comment on the disclosure question we would welcome their thoughts.

I see this in the 3rd transcript:

LESTER: All right, there were other issues. I think yesterday the press was somewhat concerned that we were holding a hearing outside of their presence....

[He cites security concerns and]

In light of that, I'm going to have to work and I'm going to rely upon the state and the defense to assist me as far as what to do with the court file because the media absolutely has a right to the court file. The state understands that. The defense understands that.

I think at a preliminary we need to work toward getting that information to the media with the redacted version as far as addresses and names. Can the state and defense advice me if you have any objection with me working toward that right now?

I'll give you the final product, so you can OK it before anything's released. We can get that to the media as quickly as possible and then we'll tentatively set a hearing for next Friday at 9:00 to allow the media to go ahead and, if they any further concerns at this time, to go ahead and voice them.

But I think if we can get that product to them immediately, I think that will alleviate a lot of the concerns they have with not being kept up to speed and being able to (INAUDIBLE). Is that OK with you?

DE LA RIONDA: Your Honor, if I may address the court, in fairness to defense council, I have not provided discovery and I think, quite frankly, (INAUDIBLE) until I provide Mr. O'Mara discovery and I know Mr. O'Mara and I have spoken before.

There's some issues that I think both sides - I know I will concur with Mr. O'Mara - should not be subject to the public knowing about, including statements, et cetera, and I think we can address those with the court at a later date.

LESTER: All right, I think what we can do there, Mr. O'Mara, if you agree that you two can work it out and if you think there's an area of concern, you can go ahead and approach the court by motion and we can have that heard and then we can discuss it.

But with respect what's in the file here today, it's fairly thin as far as ...

DE LA RIONDA: I apologize. I agree as to what's in the file right now. I apologize. That's correct.

Had he already ruled on the media motion to open the file? I am drawing a perfect blank there, although I recall cboldt providing a link to the docket.

As to the news that discovery has not yet happened and the file "is light", interesting.

[Vader]

I don't get it.

The prosecution admitted in open court that they have no evidence Zimmerman followed Martin after being told not to.

The prosecution admitted in open court that they have no evidence Martin didn't attack first.

The prosecution admitted in open court that Zimmerman had wounds on the back of his head consistent with his head being bashed against concrete.

Why isn't the judge dismissing the charges? Even if everything the prosecution claims to actually have evidence for is true, it isn't enough to establish that a crime took place. There's no probably cause.

[narciso]

W hat we always suspected, but they make it quite clear;

http://pjmedia.com/tatler/2012/04/20/in-government-docs-media-matters-admits-its-anti-christian-agenda/#comments

[narciso]

Well they took money from Madoff for a long time.

http://www.weeklystandard.com/blogs/jon-corzine-still-bundling-obama_640493.html

[Jack is Back!]

TM,

Of course the file is light. Like a feather.

Remember at the end when talking about GZ's restrictions the parlay back in forth about talking to witnesses and de la Rionda shrugging off the defense's because there wern't that many to matter.

This is going to end badly for Corey, Bondi and Scott. We in Florida are stunned its got this far. BTW, more Hispanics in Florida than Blacks.

[PaulV]

Vader, the hearing was for bail, not to dismiss charges

[narciso]

I had expected more from her, because of the record you had outlined JIB, Ever since he signed up McNamara as his chief of staff, Scott's been backtracking, even before, but
iy was ok to slash the local budgets down here.

http://www.longwarjournal.org/archives/2012/04/two_uighur_gitmo_det.php

[narciso]

And other one of those 'innocent shepherds' went rabid I guess;

http://www.longwarjournal.org/archives/2012/04/ex-gitmo_detainee_de_1.php

[windansea]

We in Florida are stunned its got this far. BTW, more Hispanics in Florida than Blacks.

correct, and unless the hispanics have been paying attention, they probably still think this is a case where a white guy named Zimmerman killed a black kid.

[BlahBlahBlah]

"Sorry about that imitation of cboldt but I had posted that earlier to show that anyone can be a sock puppet."
Posted by: Jack is Back!

Real cboldt = Not real cboldt =

So no, while imitators may try, there can only be one true "C Boldt!"

(and now, ideally, a hole bunch of you will have the same image in their head that I see when I read his name)

[Danube of Thought]

"the Judge will ask himself, why didn't GZ stay by his truck as the dispatcher asked, why did he follow TMartin? "

Two different events. He followed him initially, but after the "don't need" exchange the only evidence is that he was indeed returning to his truck.

I was encouraged by what I saw from this judge. I won't be shocked if he tosses it at the immunity stage. The alternative is to be party to a farcical injustice.

[AliceH]

While I impatiently await an actual lawyer or cboldt-er response, here's my explanation.

I understood the file/media thing as follows:
1) Certain legal documents such as docket schedules, motions, pleadings, etc. are by default Public
2) A cautionary move was made by O'Mara requesting all court docs related to this case be sealed
3) Motion to seal granted as a temp measure, with more granular decision of what to make public vs. not to be determined by judge
4) the media filed to get what they general have access to
5) the judge is going to work w/ state and defense to allow as much of what is generally public as both sides agree is not going to adversely affect their cases or compromise the safety of their witnesses.
6) the file is "thin" right now because the only thing in it is the affidavit and Arthur hearing stuff

[Les Nessman]

"The prosecution admitted in open court that they have no evidence Zimmerman followed Martin after being told not to."

I wish everyone would stop saying Zimmerman was 'told not to' follow Martin. That is a false statement.

He was NOT 'told' anything about following Martin. The 911 operator (who is NOT a police officer) SUGGESTED to Zimmerman that he not follow Martin. Big difference.

Plus, it appears that Zimmerman heeded the suggestion and went back towards his vehicle!

[BlahBlahBlah]

"correct, and unless the hispanics have been paying attention, they probably still think this is a case where a white guy named Zimmerman killed a black kid."

That is, until they see the first image on a TV or Newspaper from the actual court appearances.

[narciso]

What Pelosi was suggesting, in it's complete
horrible form;

http://volokh.com/2012/04/20/congressman-proposes-amendment-to-strip-most-newspapers-churches-nonprofits-and-other-corporations-of-all-constitutional-rights/

[rse]

ABC trying to have it both ways. I guess they don't want anyone boycotting disneyworld because of this.

Led with picture but the maroon shirt 7th grade of TM still.

Then brings on a breathless Dan Abrams about how GZ hurt himself deciding to testify today.

And clarice-neither of us seems to have any patience with too much jewelry.

Tacky. Tacky. Tacky.

[BlahBlahBlah]

"He was NOT 'told' anything about following Martin. The 911 operator (who is NOT a police officer) SUGGESTED to Zimmerman that he not follow Martin. Big difference."

The dispatcher didnt even do that - they merely presented an option saying it isnt needed.

It isnt needed =/= an order, suggestion or even personal opinion. It is solely "do what you want, but not on our account" and nothing more

[Not the Real cboldt]

Real cboldt = Not real cboldt=

Got cboldt's avatar on my first try so unfortunately that's no clue to sock puppets either, blah,blah,etc.

[Clarice]

Alice, I believe the file they are talking about in the cited exchange in the prosecution's file , listing evidence they amassed and witnesses they interviewed and what they said. .

[AliceH]

Clarice@8:06 then that would not have anything to do with the motions made by various media, would it? That's not information typically provided during an active investigation or hearing/trial.

[cboldt]

TM: -- Had he already ruled on the media motion to open the file? --

No. But sort of. Judge Lester said that the media is entitled to the material. Period. That is a ruling of sorts, but it isn't answered in writing in response to media motions.

I'm a bit confused by O'Mara's remark that there is a hearing Tuesday at 9:00 before a different Circuit Judge, regarding media access. No matter, seems the Court wants to get everything out in public except for witness names and material that can lead to finding witnesses.

The "court files" is everything filed so far, much of it being media cruft, bellyaching that they can't get some information to misrepresent.

Next week Friday, Lester will probably release the "court file" that has been redacted and reviewed by O'Mara, Corey's crack prosecutors, and Judge Lester. Media motions come out with no redaction; material supporting the state's charging affidavit will be redacted of witness identifying artifacts. There may be other motions in there as well, like that Notice of Discovery that I have been looking for.

Going forward, there may similar witness ID issues with some of the filings, but the real interesting material that is produced to either side in discovery isn't part of the public record in any event. Not until it appears in a pleading or response.

Link to the Docket, in case you lost the other one.

[Not the Real cboldt]

Way OT, but I've long thought this is the single prettiest piece of music ever written and is here played by the guy who played it better than anyone, IMO. He just died a couple of months ago.

[cboldt]

-- So no, while imitators may try, there can only be one true "C Boldt!" --

I'm the one in the pink skirt, back to.

[Jane]

'At Red Sox game, President Obama comes on big screen to recognize Fenway's 100th anniversary, followed by loud chorus of boos.'

For the first time in my adult lifetime I can say I am proud of my city!

[Ignatz]

Oops, forgot to change back to Ignatz after demonstrating how easy it to is to match avatars if one is inclined to sock puppet.

[BlahBlahBlah]

"Got cboldt's avatar on my first try so unfortunately that's no clue to sock puppets either, blah,blah,etc."

Well booo :(

...But that's okay - the real point of my post was little more then to get everyone thinking "Steve Holt!" when he posts anyway.

in fact, can we just start a petition to make this his little icon thingy?

[Banjo]

When is the country going to see the photo of a surly Trayvon giving the camera the finger? Any sensible person would view him with suspicion and be glad to be packing heat,

[Jane]

BTW, not that anyone cares but Geraldo just did a 360 degree turn from "give him the death penalty" to "maybe no one is guilty in this thing.

What a moron.

[peter]

He was an adolescent. Giving somebody the finger does not justify shooting. Let's keep some perspective here. The MSM has distorted what happened, but nonetheless a kid died. Some bad kids actually turn good.

[Scot]

Actually, Zimmerman going free or the case being thrown out will help Obama a lot. The very race mongers and mob who forced the state to file these ridiculous charges in the first place will have even more fuel if their desired outcome is thwarted. I don't think they are smart enough to have planned this outcome, but it will play to their benefit. The alternative, Zimmerman is found guilty, will energize Obama's opposition and actually serve to deflate the race-mongers argument. Their perpetual victim-hood depends on not being successful in their efforts. As satisfying as it will be to see their noses rubbed in an acquittal or dismissal, it will benefit Obama and his race-mongering allies.

[AliceH]

Based on the comment by cboldt@8:12, I'm giving myself an A- for my effort @7:49

[cboldt]

cboldt @ gravatar

[Clarice]

Alice H:"Clarice@8:06 then that would not have anything to do with the motions made by various media, would it? That's not information typically provided during an active investigation or hearing/trial."

In DC and the federal cts, the names and statements of witnesses are generally not given out by the prosecution until after direct examination; documents to be introduced and exhibits are generally exchanged before trial, Florida is different-the defense is entitled to see the prosecution's entire file before trial and apparently that file is also available upon motion of others like news organizations.

__Jane,well if Crump's lost geraldo...

[Jim,MtnViewCA,USA]

"I blame JOM for giving me this false impression [of lawyerly praiseworthiness].
Can I sue TM?"

Class action? :)

[cboldt]

-- not that anyone cares but Geraldo just did a 360 degree --

A 180. 360 spins all the way around once, and goes in the same direction. Okay, maybe Jerry Rivers did a 540, or a 900, those amount to reversing direction too.

AliceH: I'd give you an A.

[bgates]

Incidentally, I am not AliceH.

[Threadkiller]

Jane, I saw that. Probably the only skill Geraldo possesses is the ability to make O'Reilly jump out a window.

[AliceH]

Clarice - it makes sense to me that different cts/different rules, and further than FL discovery rules are as you describe. I just did not see where the prosecution's entire active file could be made available to media, with or without filing a motion. I can't quite believe that could be true. Then, so much unbelievable stuff turns out to fact.

[Ignatz]

Where are buub, and wee Davey boy and Kathy Kumquat this evening?
Licking their dead memes?

[Danube of Thought]

I'm getting worried about poor bubu. I think the day's events may hav put him in a suicidal funk. So I have composed the following...

Haiku for Bubu

See the bloody skull
Read about the broken nose
The Narrative dies

[cboldt]

I believe all of the police investigatory material is available as a public record. I assume that applies to Corey's team, as well. As far as I know, they have concluded the investigation - it is no longer an active investigation - so their material is also subject to release on a public records request. That is independent of action before Judge Lester.

[narciso]

I saw Kathy on one of the WZ threads, denying
the ludicrousness of Tommy Xtopher's attack on Romney,

[Ignatz]

I work in prose, DoT in verse, but the sentiment is the same. :)

[cboldt]

-- Where are buub, and wee Davey boy and Kathy Kumquat this evening?
Licking their dead memes? --

Kathy retired for the duration, I think. BoogerBuster and DopeyDave are working out details of the "Zimmerman wasn't seriously injured," "So what if Martin started it," "Zimmerman proved he was a liar by changing Martin's age," "He said he was sorry which proves guilty conscience," and assorted other Crumpisms.

[narciso]

One recalls he wasn't toadyish enough for Keefums

http://hotair.com/archives/2012/04/20/richard-wolffe-this-dog-eating-thing-is-about-treating-obama-as-the-other/

[AliceH]

bgates@8:31 My rep for incisive wit and brilliant turn of phrase would skyrocket if you started commenting as me. Go for it!

[cboldt]

-- I just did not see where the prosecution's entire active file could be made available to media, with or without filing a motion. --

The public records request goes to the investigation. I don't know the point at which an investigation goes from "active" to "inactive," and it may be that the investigation is active even after it is concluded. The SPD investigation is done - they submitted their material to Wolfinger on March 13 or something like that. But, it may be that the state considers the investigation "open" until after appeals are exhausted.

[Jay Maynard]

What was this clown thinking?
Objection, your honor. Assumes facts not in evidence.

[boatbuilder]

So you are one of the investigators who signed the prosucution's affidavit in support of second degree murder charges in what is undoubtedly going to be the most highly publicized criminal case since OJ. You are going to take the stand as the prosecution's witness in the first public hearing in which there will be witnesses and cross examination.
Do you take the stand without reading every piece of information in the investigative file, to make sure you don't get blindsided? Of course you do!
Unless...you are told not to. You aren't supposed to know.
The prosecution isn't hiding their key witnesses. They know damn well they don't have a case. This is "stovepiped," so that Galbreath can credibly testify in support of the affidavit while not committing perjury. If he had looked at the EMT report he couldn't in good faith have signed the affidavit.
And they charge murder 2 so that there is no presumption that the defendant should be free on bail.
They are doing this purely for the political optics. It really smells.

[Clarice]

Actually, I think it was a bold, probably unconventional moe on O'Mara's part to call Galbreath to the stand. He did it cause he knows this case is rap.

[Clarice]

**MoVe* *ccase is Crap*

[Neshobanakni]

I believe this trial will be important for reminding Hispanics of who they really are. Yes, a small percentage are black. Many are mestizo. This sad fiasco will clarify that mestizo is still largely white - kinda like America as a whole. Or Latin America, for that matter.

[narciso]

So it would appear, Clarice, those that had reservations about O'Mara, who comes across
very judiciously,

[boatbuilder]

Even so, Clarice--the investigator doesn't know the file inside and out? Only because somebody told him not to.

[cboldt]

-- I think it was a bold, probably unconventional moe on O'Mara's part to call Galbreath to the stand. --

O'MARA: Thank you, your honor. I would call either Investigator Osteen or Investigator Dale Gilbreath

Guess Gilbreath drew the short straw. Then later said, "I was not planning on testifying." Maybe should have stuck Osteen on the stand, then.

[cboldt]

I wonder how unconventional it is, in FL, to call an investigator during an Arthur hearing. The defendant has the right to put the state to its proof. If the state is unwilling to provide affidavits from witnesses and other material in, to substantiate its case, then a defendant has the right to test the sufficiency of the evidence.

O'Mara poked a couple "doubt" holes in the murder charge, and put on a good show that there is a self defense argument. That's all he has to do to get bail.

[boatbuilder]

TM--If Z thought that Martin was armed, does he follow him? Without pulling his gun first (in which case the strugggle doesn't ensue)? Doesn't mention it to the cops on the police call? I don't see how his saying that he didn't know if Martin was armed or not hurts him.
And with all due respect to the professor, when the prosecutor points out that Z said the he though Martin was in his late teens and now says that he thought he was a little younger than him, the response is pretty obvious--"Yes. That was before he jumped me, broke my nose, smashed my head on the pavement and grabbed my gun, before I saw the grillwork. He was much stronger and seemed older than my initial thought."

[Sara]

Peter:

Martin WAS NOT and adolescent. Adolescents are preteens and maybe 13 year olds. Martin was a 6'3" tatted up young man. He was a gansta wannabe with a very shaky history at school.

I am so tired of trying to make Martin out as a child. They try 13 year olds as adults, yet Martin is just an innocent child. Makes me want to gag!

[Ignatz]

--bgates@8:31 My rep for incisive wit and brilliant turn of phrase would skyrocket if you started commenting as me. Go for it!--

But it just wouldn't be the same Alice.
Oh well, we'll always have Paris.

[Ignatz]

BTW, Hot Chick on a Bike is still running strong.
She is currently looking for motivated volunteers interested in some training in the field of push polling. Anyone?

[BlahBlahBlah]

OT: Okay, not sure anyone has seen it yet or not, but Legal Insurrection has an unbelievably awesome song up

link to their post:
http://legalinsurrection.com/2012/04/catchy-tune-of-the-dog-days-of-april/

[cboldt]

-- I don't see how his saying that he didn't know if Martin was armed or not hurts him. --

Especially when you apply the same "filter" you did to the age/strength question. What Zimmerman thought isn't some fixed quantity. His thought about "armed or not" may change. And, from what is a reasonable inference about Zimmerman, he didn't plan to get close enough to find out if Martin had a knife, for example. Once the fight starts, the question of "is he armed" takes on a whole different level of importance, if that thought crosses your mind.

A week ago I thought Corey was a respectable prosecutor.

[Threadkiller]

Where they stood confirmed
Shadows are the new factoids
Identity fool...

[narciso]

A reasonable account, when they keep Robles away:

http://www.miamiherald.com/2012/04/20/2758885/zimmerman-to-ask-for-bond-in-trayvon.html

In other news, they take exception with the composition with the SYG review panel, considering that it was supported by a strong Majority, they are quibblingk

[Chubby]

((BTW, not that anyone cares but Geraldo just did a 360 degree turn from "give him the death penalty" to "maybe no one is guilty in this thing.))

Did he say what specifically changed his mind?

[Grypyon]

In the end he walks, which is appropriate. This entire situation reeks of racist oriented jibber-jabber, but that is mere distraction from the basic question of...if you're getting your head beat down on concrete, can you respond with force? Damned right; I'd have shot the little snot as well.

[AliceH]

Aw, Ig. You said something nice about me and then as I scroll down to reply, there's HCOB again. Ruined the moment :(

[BlahBlahBlah]

"Did he say what specifically changed his mind?"

Evidence; or lack there of

It was kind of strange, he was stating Zimmerman will walk free and Bill was kind of verbally attacking him claiming he was doing the same thing MSNBC is doing pre-judging the outcome when "we just dont know"

[narciso]

They couldn't count on Dadgum, being enough of a hack,so the Think Regress found FAiz Shakir, to shout 'look squirrel;

[BlahBlahBlah]

"Aw, Ig. You said something nice about me and then as I scroll down to reply, there's HCOB again. Ruined the moment :( "

Didn't ruin my moment any.

...in fact, it nearly created a moment

[Ignatz]

--Aw, Ig. You said something nice about me and then as I scroll down to reply, there's HCOB again. Ruined the moment :( --

Wait, what?
You're not HCOAB?

[Threadkiller]

"Did he say what specifically changed his mind?"

Fellow Hispanics
One accused of great whiteness
Geraldo objects

[Threadkiller]

Wouldn't it be a 180 turn?

[Clarice]

Yes, it would Tk.

Niters.

[Threadkiller]

Goodnight Clarice.

[Chubby]

things could get complicated for the Democrats if a groundswell of support builds for Zimmerman among the Hispanic community

[AliceH]

CNN and others will just stop televising the court proceedings if it starts looking like it hurts Obama, Chubby. Today they were just caught by surprise.

[narciso]

This was the book in reviewed in the Journal, I was speaking about;

http://www.chapters.indigo.ca/books/Alger-Hiss-Why-He-Chose-Christina-Shelton/9781451655421-item.html?cookieCheck=1

[boatbuilder]

Haiku, TK?

[AliceH]

gesundheit, boatbuilder.

[narciso]

Ah, Legum, is just on to another hack attack on Romney's foreign policy spokesman,

[Joan]

Tom:
I just went to Dissenting Justice. After reading professor's response to the comments, I wished you hadn't sent me there. :)

How does someone so ignorant become a professor.

Love this blog.

[Ignatz]

LOL, Alice @ 10:00.

[Threadkiller]

DoT started it, boatbuilder.

[BlahBlahBlah]

Okay, don't worry all, those at the DailyKos have it all figured out...

"I have many photoshop brush sets and one of them contains brushes which follow the precise pattern of Mr Zimmerman’s wounds. If these photos and Mr Zimmerman’s word are your evidence for the idea that “there likely was a physical altercation” before Zimmerman shot an unarmed 17 year old in the chest at point blank range I suggest you find more and better evidence. I think both sets were photoshopped by two different individuals neither of whom is particularly skilled. One forgets the blood, the other forgets to photoshop the wound or the the bruising. We have an excellent mug shout of Zimmermen when he was arrested. There is no evidence of a recently broken nose either.
That said, Zimmerman instigated the violence, he was the aggressor. We have Martin’s voice screaming for help and then silenced by the gun shot just before Zimmerman shot him. It’s only ‘self defense’ no one allows Trayvon Martin that right."

(as mocked here http://iowntheworld.com/blog/?p=129684 )

...so, does this constitute a better clown?

[Bruce]

His trying too hard by half to not get pinned down, may backfire. By his own testimony, he said only 3 people were the authors, so it won't take much effort to find which of the three are responsible.

Not clear who the third person was. The first two are T.C. O’Steen and K.D. Gilbreath, with Gilbreath testifying today. In one place, he says the third was their supervisor:

O'MARA: Between who in addition to the two people who signed it as being true?

GILBREATH: Detective Osteen and I prepared the majority of this. It was reviewed by our supervisor. There were several mistakes in it. They were corrected.

O'MARA: Do you know whose word profiling was?

GILBREATH: No, I do not.

But, then later:

O'MARA: But you don't know who made the decision to solely put those two phrases in quotes?

GILBREATH: No.

O'MARA: Who was in this decision making process?

GILBREATH: As I said, Detective Osteen and myself and Bernie.

Is this the same "Bernie" Bernie de la Rionda, lead attorney for the prosecution today?

This would be worrisome for a couple of reasons. Defense counsel was trying to nail down some of the wording decisions in the affidavit sworn and signed by O'Steen and Gilbreath, including the use of the words "profile" and "confronted", putting quotes around the two statements including expletives, and why he believed that Zimmerman "falsely assumed [Martin] was going to commit a crime". Gilbreath played dumb, knowing that he didn't make the decisions, but not knowing who of the three of them did.

One issue is that Gilbreath swore to these thing, the wording and other things in the affidavit. Yet, he claims now that he had no knowledge of such. That seems a bit sketchy.

Secondly, if the prosecution attorney is indeed the third party to these decisions, isn't that sketchy itself? And, worse, what happens if and when defense counsel tries to nail down who said what and provided the controversial wording? After asking O'Steen and Gilbreath, do they get to ask "Bernie" too?

[Ignatz]

--We have Martin’s voice screaming for help and then silenced by the gun shot just before Zimmerman shot him.--

That grassy knoll really gets around in the Kosmos doesn't it?
Two gunmen or just one illiterate Koskiddy?

[Ignatz]

--...so, does this constitute a better clown?--

No but this does;

[Frau Dingsbums]

Haikuey... Gesundheit!

Clarice and TK
Say goodnight from coast to coast
Is this a great country?

[Threadkiller]

I wonder if Inspector Kos-slow will tackle forged pdf files for his next expose.

[Caspar Weinburger]

Worth a watch if you cannot get enough of GZ coverage

http://content.bitsontherun.com/previews/kpY9HEAV-dh3Zgtip

[Strawman Cometh]

"You know, it's not always the nuns that get raped. Sometimes it's strippers that get raped." — Geraldo Rivera gravely and fatuously intoning on Fox's "The O'Reilly Factor," April 2006.

and I just heard Nancy disGrace: "I thought it should have been a murder 1 charge" in response to a caller concerned that the prosecutors were overcharging.

How do these people stay employed?

[BlahBlahBlah]

"That grassy knoll really gets around in the Kosmos doesn't it?"

I think its brilliant really - leaves open the possibility Bush or Cheney or the Koch Bros or Rush or Palin (whoever doesn't have an alibi) was really involved and responsible in case Zimmerman gets off.

...cover all your bases, ya know...

[Threadkiller]

Hi Frau! My wife and I are still chuckling over Colliemari.

[narciso]

Blackmail, is my best bet, SC, Grace forgot the last time she was so sure, about a perpetrator, it didn't end well, but my Clear
Channel drive time host, is that much sharper.

[narciso]

not that much sharper, meanwhile Beck was interviewing Allen West, today, and in just a few moments, just fileted Obama's 'silver spoon comments, he said everyone who comes here,is gifted with the silver spoon of opportunity.