Zimmerman Bond Revoked

Here is a plot twist:

URGENT: A judge on Friday revoked the bond of the neighborhood watch volunteer charged with killing 17-year-old Trayvon Martin and ordered him returned to jail within 48 hours.

Circuit Judge Kenneth Lester said that George Zimmerman and his wife, Shellie, misled the court about how much money they had available when his bond was set for $150,000 in April. Prosecutors claim Zimmerman had $135,000 available that had been raised by a website he set up.

Zimmerman's wife testified at the bond hearing that they had limited funds available since she was a nursing student and Zimmerman wasn't working.

"He can't sit back and obtain the benefit of a lower bond based upon those material falsehoods," Lester said.

Ben Crump, the Sharpton of the South, insinuates that the wife's deceit speaks to Zimmerman's credibility.  Hmm.

How long will he be in jail? Good question. And considering the weak case seen so far in discovery, why is he in jail at all? Defense Counsel O'Mara raised that point:

O'Mara said he hopes the revocation of bond is "temporary." "I hope that they will give us a day in court to explain George's behavior and look at all the circumstances, even the discovery that's come out to date in determining what he's going to do about letting him back out on bond," he said. 

If forced to conjure a silver lining for Zimmerman, I would say that the judge can claim he has gone by the book and even thrown it at Zimmerman, which may give the judge some latitude down the road when facts and an absurd prosecution case oblige him to rule in favor of Zimmerman at the pre-trial self-defense hearing.

MORE: Alice H provides the state's motion, which includes snippets of recorded calls from jail between Zimmerman and his wife. I would use the phrase "lying weasels" to describe their conduct in hiding this money from their lawyer and the court, but "scheming, lying weasels" seems more apt. And I could add "stupid", too.

BACKGROUND: CNN semi-transcripts of the bond hearing - 1, 2, 3. Zimmerman apologizes to the Martin family on (2) but it is his wife's testimony on (1) that has led to the current situation.

Comments

[Richard Aubrey]

So. Did the prosecution know about the website raising money when Z was being prepped for the hearing? If so, why be upset now? Dumb question, I know.
And about the passport(s). O'Mara said Z didn't deceive the court, but reports don't specify what that means.

[Mark Folkestad]

First?

[Mark Folkestad]

Darn. Missed the bragging rights.

[centralcal]

From Bob Owens:

After that order of business was decided, however, the State dropped a bombshell, claiming that George Zimmerman hid a second passport, and that he and his wife lied about the money they had at their disposal prior to the bond hearing. Furthermore, they had their poorly coded conversation about the money recorded via the prison phone system.

It was quickly determined that the second passport was a procedural gaffe by Zimmerman attorney Mark O’Mara, and the judge found it easy to forgive that minor transgression as a mistake.

He did not take Mr. and Mrs. Zimmerman conspiring to lie about the money kindly, however, and suggested to the prosecutor that he was surprised that he didn’t come to the court to have charges sworn out against her at the hearing.

[Bob]

When part of the paypal account was used to make bail, $15000, I recall, I thought it might come up again. If it had remained untouched longer they could have claimed ignorance of the amount more credibly while allowing O'Mara to disclose. Not smart.

[Rob Crawford]

Ben Crump, the Sharpton of the South, insinuates that the wife's deceit speaks to Zimmerman's credibility. Hmm.

What a pity Bent Crumb doesn't have any credibility himself.

[Rob Crawford]

What about the argument that the fund was earmarked to pay lawyers, not bail?

[Porchlight]

I don't understand the timing on this. The money raised by the website was reported weeks ago. Did the state just need time to get their evidence (recorded phone conversation) together?

[cboldt]

The state wants to get its hands on some of that loot. They'll charge Zimmerman room and board.

No opportunity to rebut the allegations, I notice.

[cboldt]

O'Mara said he hopes the revocation of bond is "temporary."

Maybe O'Mara will find a sense of urgency now. Of course the revocation is temporary. It only lasts until a motion to dismiss the charges is granted, or the trial concludes.

[Captain Ned]

They want him in jail because they think that after a week or two he'll plead out.

[Bob]

What about the argument that the fund was earmarked to pay lawyers, not bail?

But they did use it to pay bail before disclosing it to their lawyer so that will not fly. And if I was O'Mara I would stop paying Mrs. Zimmerman's living expenses from that fund to get her attention. She is not the defendant.

[jwest]

I’m fairly certain O’Mara brought up the website and defense fund at the bail hearing. As I recall, he even asked the judge how he wanted to handle it.

[Porchlight]

No opportunity to rebut the allegations, I notice.

I don't know if this is relevant but DoT noted on the prior thread:

As I understand it, the judge has ordered him to surrender within 48 hours to explain himself. It sounds like an order to show cause.

Posted by: Danube of Thought | June 01, 2012 at 03:10 PM

[Rob Crawford]

They want him in jail because they think that after a week or two he'll plead out.

As if he'll survive that long.

They want him dead at the hands of an inmate. That way the mob gets fed and they don't have a lost case on their hands.

[Richard Aubrey]

"coded" conversations
Code doesn't work unless both sides have the key.
So, if this is true, the prosecution has records of the two referring to "the maguffin", right? And, let's "eat" some of the maguffin.
Sheesh.

[cboldt]

-- If so, why be upset now? --

Zimmerman's wife "flat out lied to this court," de la Rionda said

It wasn't the money, it was the lie. The state says Zimmerman and his wife conspired to keep the awareness of the money out of the bail hearing. The conspiracy is proved by them talking in code, while Zimmerman was in jail.

[Jim Eagle]

There was a hearing sometime after the bond hearing where O'Mara presented the circumstances surrounding the PayPal account and the website. Lester ordered a complete timeline, details, amounts, etc. Isn't this just a result of Lester's review of all that information and he has determined that GZ has to come and explain himself to the judge since he finds the information submitted by O'Mara to be inconsistent with his statements during the bond hearing. I don't think it is de la Rionda so much as Lester using de la Rionda's motion to put in play his own feelings about the circumstances discovered in O'Mara's information.

[cboldt]

-- It sounds like an order to show cause. --

It could be that. I should know by now to wait to read the order, etc. before jumping to any conclusion.

[Threadkiller]

Code talkers and code breakers. I wonder if either group can decipher "wee-weed up?"

[AliceH]

I think this is the (pdf) Motion">http://trayvon.axiomamnesia.com/wp-content/uploads/2012/06/Zimmerman-Motion-to-Revoke-Bond.pdf&pli=1&chrome=true">Motion to Revoke Bond

[AliceH]

well... that didn't work well. maybe well enough, though.

[cboldt]

Motion to Revoke Bond

Link posted at Jeralyn's site, links to Marcy Wheeler "emptywheel" URL.

[Cecil Turner]

Clickorlando has a story up which includes the motion (which gives some of the coded conversation verbatim). There's also a transcript that only has a cover and four random pages of the hearing. Not sure what's up with that.

[Cecil Turner]

I hate when that happens.

[mojo]

Definitely "stupid" if they're plotting on a jail telephone.

[jwest]

From Zimmerman’s website:

I have created a Paypal account solely linked on this website as I would like to provide an avenue to thank my supporters personally and ensure that any funds provided are used only for living expenses and legal defense, in lieu of my forced inability to maintain employment. I will also personally, maintain accountability of all funds received. I reassure you, every donation is appreciated.

Nothing about paying for a bond in there.

[NK]

The AliceH links aren't openning for me, so I'll have to read them later. The details of what Judge Lester did are vital-- on many levels-- thanks for providing the links AliceH. Details aside-- this may be very not good for GZ. If (IF) Judge Lester vacated bond on the merits because GZ was misleading the court about the funds he had available, or some other material issue, GZ has blown the option of a Bench Trial, and as Judge Lester is the decider of the Immunity Motion, and he may now believe GZ is a liar, that could mean good-bye charlie to immunity. Most importantly, GZ may now be in prison pending trial. As Capt Ned said-- the State has huge leverage now to squeeze GZ to plead out. Details will decide HOW BAD this is for GZ, but at first take it looks like it could be very bad-- even though the discovery shows that the State has no proof of Murder 2.

[Porchlight]

What a stupid railroad job. It's like Libby all over again.

[hit and run]

TK:
Code talkers and code breakers.

If only Elizabeth Warren were Navajo she could sort this whole thing out.

[Jim Eagle]

Ladies and Gentlemen of the JOM jury: Don West is the key. This is going to trial. A jury trial and O'Mara, as smart as he is, knows he needs a rottweiler to be the sharp biter. If Immunity was a sure thing, if Lester would be a sane and reasonable judge of fact, if unicorns could fly - you'd not need Don West.

I think O'Mara has decided based on the State's tactics of making Steak Diane out of a hot dog (i.e. attacking credibility vis a vis the Paypal and passport issues) that this is not going to be easy as pleading Immunity. Nope, this is headed for the klieg lights of central Florida farce that will make Casey Anthony look like a high school mock trial.

[Porchlight]

That sounds about right, JiB.

I don't think the public will the same level of appetite for it that they did for the Casey Anthony trial, though. My sense is that the silent majority is really tired of ginned up race wars.

[Ignatius J Donnelly]

Great post Jack!

[jimmyk]

Supposing that GZ was deceptive at the bond hearing, can that be used in the trial, if it comes to that, to damage his credibility?

Still puzzled as to how this could happen, unless they (GZ and wife) lied to O'Mara. O'Mara knew about the account, I presume he would have told them to be honest about it. This doesn't make me think he's any less innocent of the charges, just maybe not too sophisticated about how to handle himself.

[narciso]

Yes, there seems to be less than meets the eye with this story, unless there are more details.

[Extraneus]

What's the difference? He wasn't allowed to drink anyway.

[MarkO]

A client lying to his lawyer? What? Just about every time, that's all.

[Threadkiller]

"If only Elizabeth Warren were Navajo she could sort this whole thing out."

She's all Tee-peed up.

[Clarice]

Sorry, but I think bond payment is legitimately part of defense costs.

I think this whole thing is preposterous and I thought it had all been resolved once already. nevertheless, it suggests to me the prosecution knows it's case is bupkus.

[cboldt]

-- It's like Libby all over again. --

Yep. No underlying crime, get him on false statements.

[narciso]

btw, remember that incident that reminded me of the chief Lee, matter, turns out it's even
more Chicago then I first thought;

http://blogs.miaminewtimes.com/riptide/2012/05/those_gambling_maquinitas_are.php

[Jim Eagle]

Clarice,

You of all people here should be feeling the numbing tingle of "deja vu all over again" with this fiasco. Its almost as if there is a guy in a director's chair shouting "stop, not enough doubt, lets reshoot it again".

[narciso]

I kn ow that source has been spotty, but it has appended parts of a report, by an expert,

[myiq2xu]

GZ could well get acquitted of murder and end up doing time for perjury.

[MarkO]

Well, if Zim and his ux lied, they created the mess for themselves, and, perhaps, we should reconsider his credibility. While I still think he shot in self defense, if he proves to be not credible, I have to factor that into my view.

[Ignatz]

--A client lying to his lawyer? What? Just about every time, that's all.

Posted by: MarkO | June 01, 2012 at 05:52 PM --

That's about as fair as the generalizations about lawyers.

[Jim Eagle]

narciso,

Are the maquinitas the same as our Internet Cafe's up here? Quite the proliferation and with our Northeast retirees being the big custormers I would not be surprised to find a number of citizens in Witness Protection runnning them:)

[narciso]

I'm not seeing it, maybe if he had someone else to pay the bond, like Sharpton did with the libel judgement,

[Jane]

I'm not so sure JIB, but then again I'm not the big loud lawyer type.

[narciso]

Yes, except these are designed to steal you blind, the outgoing police chief didn't know that detail, however, he did point out that
the owner operators, had apprenticed under a big time numbers runner,

[MarkO]

Iggy, in my experience, it is the rare client, like the rare doctor's patient, who is fully forthcoming and honest about everything. Of course, results may vary.

[xbradtc]

GZ could well get acquitted of murder and end up doing time for perjury.

I don't recall Zimmerman swearing in court about the funds available via the defense fund.

O'Mara addressed that issue in the bond hearing.

[Ignatz]

--Iggy, in my experience, it is the rare client, like the rare doctor's patient, who is fully forthcoming and honest about everything. Of course, results may vary.

Posted by: MarkO | June 01, 2012 at 06:25 PM --

You just need a better class of client, Mark. :)

[MarkO]

Iggy, I really need to be more understanding and accepting.

[Beasts of England]

Any old friends dropped by to 'spike the ball'?

[Beasts of England]

So, is bond a function of liquid assets? If I got busted for violating the Mann Act (hypothetically, of course...) is the bond going to be ten grand, or, is the Judge going to look at my balance sheet and make it a hundred grand because I have a few bucks sitting around?

I sure as hell hope it's not the latter!

[Beasts of England]

And he had another passport?! Ratings bonanza for The Reverend Al! Wow. Zimmerman just blew about $200M in goodwill...

Typical white-hispanic.

[cboldt]

-- So, is bond a function of liquid assets? --

Generally, yes. The amount has to be sufficient to deter fleeing, and "sufficient" varies depending on how rich a person is. And it's not just liquid assets, either.

So, hypothetically of course, your bond is going to be pretty high for that Mann Act violation. You could ease that sting by gifting a substantial part of your money to me.

[Danube of Thought]

Supposing that GZ was deceptive at the bond hearing, can that be used in the trial, if it comes to that, to damage his credibility?

I'm not sure, but I don't think so (prior bad acts can't be used to show current bad acts, but my memory is fuzzy when it comes to issues of credibility and I have to go make Martinis now). But in this case it was his wife who did the actual deceiving (with his knowledge), so if the prosecution can get it in I don't think it's very hard-hitting.

As with Trayvon, there is much with GZ not to like.

[Beasts of England]

Wire transfer ok?

[cboldt]

Lester appeared angry that the court had not been told about the money. "Does your client get to sit there like a potted palm and let you lead me down the primrose path?" he asked Zimmerman's lawyer.

[timb]

"As if he'll survive that long.

They want him dead at the hands of an inmate. That way the mob gets fed and they don't have a lost case on their hands.

Posted by: Rob Crawford | June 01, 2012 at 04:26 PM "

What a small, paranoid man you must be, Robby.

[cboldt]

-- Wire transfer ok? --

Hypothetically, of course .... YES!

[narciso]

So, which way, does this lean, for or against
Bashir.

http://weaselzippers.us/2012/06/01/azerbaijan-thwarts-massive-islamist-attack-on-eurovision-singing-contest-40-arrested-along-with-weapons-cache-plotters-trained-in-pakistani-jihadist-camps/#comment-739237

[Beasts of England]

Thanks, cboldt - always nice to make friends online!

Now, I'm gonna sneak out on my 630 for a little sunset cruise. And tomorrow, I'm going to change her name from 'Subterfuge' to 'Bondage'...

[Carol Herman]

Ollie North got a windfall! I remember his televised senate testimony that opened the floodgates to donations.

That Zimmerman's case also saw donations flooding in ... should at least let the prosecutors know there are lots of Americans who took out their wallets at what they saw was an UNFAIR prosecution!

I think as far as bond goes ... it should be based on your last filing with the IRS. What your net worth is ... EVEN IF YOU DON'T WIN A LOTTERY!

[Jim Eagle]

narciso,

If they knew the Swedish singer was going to win, it may have been more than a suicide mission:)

[Carol Herman]

I think the last big government sponsored execution was Jack Ruby. In the tunnel of the police department. In Dallas!

Letting an inmate kill or hurt Zimmerman ... would just about crunch it for the justice system. Which fewer people respect these days, anyway.

So IF Zimmerman goes to jail? I think he'll be more protected than less protected. Because? Careers hang in the balance.

[Ignatz]

--Wire transfer ok?--

Geez, cboldt provides you with cold legal facts and he get's a wire transfer, whereas I provide pictures of cars, guns and nice butts, the only things that really matter after all, and I get bupkus?
I'm finding out just like George and Scooter; there is no justice.

[narciso]

I think that was a rhetorical question;

[Walter]

Jeepers, BoE, I'd put it in my client trust account and let you visit it occasionally. Unfortunately, though, Mo & Ca are committed to taking the interest/earninings (for only good causes, y'know). Cboldt probably holds a license in a jurisdiction which still lets him keep the profits.

[Jim Eagle]

Is it really this bad?

Or could this be a bear promoted movement?

[Jane]

Iggy,

I don't know what kind of law Mark practices but in criminal cases the defendant rarely tells his lawyer the truth, and if he is actually guilty you don't want him to - because you have an ethical responsibility to not allow your clients to lie on the stand.

In civil stuff people tend to see the facts in the way that most benefits them. That may not be lying but in the client's best interest the lawyer really has to sort thru it. People rarely hire lawyers when they know they can't win, so they delude themselves pretty regularly.

[Jim Eagle]

Jane,

That is why he brought Don West in - to get the story right.

[pagar]

O/T or speaking of jail, the Judge who sentenced the teen who missed too much school to jail has changed his mind and dismissed the contempt charge.

In addition, good neighbors around the world contributed $100 thousand to help the young lady. Here is her response:

http://colorlines.com/archives/2012/06/diane_tran_jailed_texas_honor_student_turns_down_100k.html

Sounds like just the type of youngsters we need to take this nation forward.

[Carol Herman]

Um, exactly "how" (faux indian hooping and all), did Zimmerman have access to his Paypal account while in jail?

The judge found his wife lied. So he revokes bail.

The prosecutors are looking to be as evil as CIA types.

At least to lots of Americans, now, legal advice is overpriced.

Hope Zimmerman doesn't cave to the pressure! If that's a "new" tactic ... it should be OUTLAWED. Imagine turning all lawyers into faux indians?

And, a ha ha hahvahd credential. With a constitutional law degree to Obama served as the cherry on top.

[Danube of Thought]

Wish he had Roy Black.

[Lisa O'Brien]

The amount of $150,000 set for the bond itself was based on Zimmerman and his wife's claims that they had no money/income. The fact that Zimmerman was having his wife tranfer funds from the PayPal account into his personal account refutes those claims, as well as O'Mara's attempts to "explain" that Zimmerman did not believe he had access to that money to do as he pleased. As it was pointed out, even though the money is now in O'Mara's trust account, Zimmerman can fire O'Mara, who would then have to return the money to Zimmerman and O'Mara could only withdraw funds from that account to pay his legitimate legal expenses based on the contract/agreement he has to represent Zimmerman. Additionally, Zimmerman's poor mouthing got him declared indigent by the state for legal fees and costs, so more likely than not, O'Mara was expecting to be paid by the State of Florida, not Zimmerman.

As for the passport, in one of the phone conversations, Zimmerman tells the wife to hold onto the second passport, not to turn it over to O'Mara. That he claimed to have only one passport and turned over the one due to expire and not the one that was good until 2014 also damages his credibility.

Zimmerman's false testimony about the defense fund at the bond hearing does serverly damage his credibility. Mrs. Zimmerman's false testimony will also damage her credibility.

[Clarice]

Lisa, which party do you suppose is calling Mrs Z as a fact witness in the trial? And what facts exactly will she be testifying to?

As for the rest of the stuff in your post, I'll wait until I see more in trial under oath.

[narciso]

Let me sketch the situation for those who had forgotten, the NBPP had offered a 10.000 bounty for him, both Spike Lee and Roseanne Barr had listed what appeared to be his address, and that of his parents, neither his father or his wife, could possibly testify in person, despite having cooperated rather extensively the day of the interrogation, and the afternoon afterwards, forced out of his job, out of school, branded a racist psycho,
with the full complicity of the media, and
local law enforcement, two of his former attorneys, the day he first puts out his
website bad mouth him.

[Rick Ballard]

"Is it really this bad?"

The Swiss and Germans are making people pay to place their money in Swiss and German backed debt. The US 10 year now pays 1.47%. I don't know what "this bad" means to you but the lifeboats appear to be a bit overcrowded at the moment.

[archon41]

Sounds like a classic Catch 22. There would be no point in contributing for Zimmerman's defense costs, if you knew the court was going to scarf it up as bond money.

Interesting timing. Bond hearing on 4/20, and on 4/26 Zimmerman's lawyer announces on tv the existence of the fund. Wonder why the judge didn't bring Zimmerman in immediately, and why he contrived to give the impression that he's just now finding out about all this?

[Jane]

Sounds like just the type of youngsters we need to take this nation forward.

She does. And I hope she reconsiders and keeps the money. I have no doubt not one dime of it would be wasted.

I find the resentment toward Zimmerman getting money from people who support him odd. If people really think he is guilty they should want the best defense possible so it doesn't look like a set up.

WEll assuming things like truth matter.

[narciso]

I'm noticing, Jane, that the terms of the motion, and the media accounts thereof are 'unexpectedly' divergent, I can't imagine why that is,

[Account Deleted]

If GZ goes to prison on a perjury charge, then I damn well want Holder on death row.

[Sara]

So Zim's bail is revoked because his wife is supposed to have lied at the bail hearing? Do we know that she even knew how much was in the Paypal Defense Fund (or would have any access to it) or that Zim knew at that time since he had been locked up?

This makes no sense to me at all. It smacks of the prosecution knowing they have no case and are just being shitheads as much as possible.

[Jane]

I'm with you Bent.

[Jane]

I changed my mind. I want Holder on death row regardless of what happens to Zimmerman.

[xyz]

O'Mara: Zimmerman passport my fault

http://www.cnn.com/video/standard.html#/video/crime/2012/06/02/ac-omara-zimmerman-bond-revoked.cnn?iref=allsearch

[dublindave]

Trayvon dead but not forgotten,
we got Zimmerman and his bottom,

sorry-couldn't resist that.

[MoodyBlu]

DuDa

sorry-couldn't resist that.

Of course you couldn't, just like sniffing your fingers.

[dublindave]

"Of course you couldn't, just like sniffing your fingers."

How's your wife btw?

[Beasts of England]

'Geez, cboldt provides you with cold legal facts and he get's a wire transfer, whereas I provide pictures of cars, guns and nice butts, the only things that really matter after all, and I get bupkus?

I'm finding out just like George and Scooter; there is no justice.'

Posted by: Ignatz | June 01, 2012 at 07:30 PM

Guilt ensued. You're in, too...

[MJW]

It seems to me rather unfair for the judge to revoke bail in response of a motion first presented to O'Mara on that same day, just prior to a hearing scheduled for another purpose.

[cboldt]

CNN Anderson Cooper, June 1, 2012

O'Mara tells Cooper that Zimmerman sent his replacement passport to O'Mara via FedEx on April 26, and O'Mara has had it since. I bet the full context of that recorded prison call has Zimmerman cooperating, and Bernie & Corey cherry-picked phrases so they could weave a story of deceit.

[Bob]

It seems that the prosecution are a bunch of sore losers. They basically lost the bail hearing, are loosing on the evidence dumps, and have to drag out some jailhouse tapes with the guys wife, spring it on the same day to the defense, to get the guy back in the can. I guess living in hiding, with fear of assination, and unable to make a living isn't enough for Corey and delaRionda.

I think this may change the defense's tactics. O'Mara brought on a pit bull as co-defense. While O'Mara was making nice with the prosecutors to tone down the baying hounds of hell they were cooking this up. I think the prosecution just brought Trayvon's lifestyle, school records and anything else that can be dug up into it. If they are going to go after a woman who is terrifed for her life who has not been accused of doing anything wrong until her husband is dragged off to jail, then Trayvon is going to be examined closely. Just saying.

[cboldt]

-- It seems that the prosecution are a bunch of sore losers. --

That's putting it charitably.

-- I think this may change the defense's tactics. --

It definitely should if Judge Lester puts Zimmerman in jail. While Zimmerman is out on bail, O'Mara can afford to take his sweet time.

[Bob]

I think a compelling argument can be made that the Zimmerman's, especially Mrs Z, was terrified, broke, and were going through the assault of the entire power of the US government, state of Florida, and the media to not just ruin them, but possibly kill them. O'Mara was a new lawyer to them after a couple of incompetent skunks almost sunk them and they with reason did not trust anyone. The paypal account was a lifeline to save them. In their state of mind, this is not unreasonable especially if the press horrors are brought in and the state doing NOTHING to mitigate it. Mrs. Zimmerman, the young student nurse, run out of her home, in terror of her life, her husband in jail, artfully left some stuff out. And why should they blindly trust the criminal justice system after what they had (are still) gone through?

[AliceH]

The maxim "Actions have consequences" holds for GZ as well as Martin. In this case, though, I don't actually understand what GZ's actions were - only what the Prosecution says they were, and that source of "truth" I find to be highly dubious.

[boris]

"scheming, lying weasels" seems more apt. And I could add "stupid", too.

Seems a little over the top ... trusting the system would have looked risky at that point in time. And it still looks pretty damn risky to me.