With a motions hearing set for May 28 and trial still set for June 10, last minute motions are flying in all directions. As I’ve previously noted, unlike in most cases, the content of motions in this case is revealing not only of fact, but strategy. As I’ve also noted, everything is backwards. The defense is doing its best to present the evidence and the facts, relying in large part on the investigation conducted by the police. This is particularly important if George Zimmerman is to be kept from testifying, which Mark O’Mara and Don West would almost certainly see as desirable. There are so many problems with the state’s case, that’s the smart play. Let it self-destruct; when your adversary is destroying himself, don’t interrupt him.
Trayvon Martin
On the other hand, the prosecution is desperate to keep any information relating to Trayvon Martin’s activities and habits off the record, including what he was saying and doing even minutes before he confronted George Zimmerman that rainy night of February 26, 2012. Simultaneously, the prosecution needs that information–that’s its case–and wants to have every bit of innuendo that might tend to be negative toward Zimmerman featured prominently in court.
On the side of the defense is the evidence, precedence, rules of evidence and state and federal law. On the side of the prosecution is the media, the racial grievance industry, and the judge. All of this is leading the prosecution to try to suppress evidence that any rational prosecutor would absolutely want to have introduced at trial. The Orlando Sentinel–a paper that has generally favored the narrative–provides a summary:
…Prosecutors in the George Zimmerman murder case are asking a judge to block all testimony about Trayvon Martin’s school suspensions, marijuana use and a history – if he had one – of fighting.
They’re also asking Circuit Judge Debra S. Nelson to ban defense attorneys from introducing any social media posts he made or text messages he sent or received, including those from the day he was killed…
Defense attorneys contend they have evidence suggesting Trayvon was fascinated by mixed martial arts and fighting, and critics point to the teenager’s record of school suspensions and ties to marijuana use as reasons to believe Zimmerman, when he says the teenager was acting strangely then attacked him.
But Assistant State Attorney Bernie de la Rionda contends, in a series of new motions filed late Friday, that those things are irrelevant to what happened between Zimmerman, a 29-year-old former Neighborhood Watch volunteer, and Trayvon, an unarmed black 17-year-old, on Feb. 26, 2012, the night they got into a fight and the teenager wound up with a fatal gunshot wound to the chest.
What prosecutor would ever suggest that the fact that the initiator of a violent attack–as all evidence suggests and the prosecution’s investigator has admitted he has no evidence to contradict–was under the influence of marijuana at the time of the attack, had a recent history of violent and criminal behavior, and a self-documented interest in “thug” behavior and fighting is irrelevant? Obviously, no rational prosecutor would imagine such evidence was irrelevant, nor would he try to suppress it. Unless, of course, he was Bernard de la Rionda (BDLR) and he filed charges against the victim of the assault–a man with no criminal record–rather than the attacker. The Sentinel continues:
On Oct. 19, defense attorneys won the first round in their legal fight to get that information when the judge ordered Miami-Dade school authorities to surrender Trayvon’s school records and ordered Facebook and Twitter to release Trayvon’s social media posts and account information.
She ruled then that although Zimmerman and Trayvon had never met before the night of the shooting, a victim’s propensity for violence can be relevant.
The legal issue now is whether the information defense attorneys have turned up about Trayvon’s past is enough to convince her that jurors need to learn about it…
Trayvon had no arrest history, but he was serving a 10-day school suspension at the time of his death after police found an empty marijuana baggie in his backpack. His autopsy report also revealed that he tested positive for a small amount of marijuana.
Records from a Dade County Public School Police Department internal affairs investigation also reveals that earlier, Trayvon had been found at school with several pieces of women’s jewelry in his backpack and what authorities described as a burglary tool.
As I noted in Update 27, the folks at the Conservative Treehouse have discovered that the police force of that school district was manipulating crime statistics relating to minority-caused crimes–including Martin’s–by simply not reporting them to the police. Martin’s possession of contraband and a burglary tool was classified by the in-house police force as “found items,” and Martin was not turned over to the police, ensuring that he would not be stopped in his criminal pursuits, and the property would never be returned to its owners. Fortunately, this scam has been exposed and it is now possible that the owners of the jewelry might get it back. It is too late for Trayvon Martin, but the school district’s minority crime statistics look grand!
The Sentinel concludes with an abbreviated list of issues to be decided in the May 28 hearing:
What the jury should and should not be allowed to learn about Trayvon’s background will likely be the centerpiece of an all-day hearing May 28, which also will cover a laundry list of other issues, including:
Whether jurors should be sequestered and their names kept secret.
Whether the jury can be taken to the scene of the killing.
Whether voice-recognition experts expected to testify for the state have used a scientifically-valid method to come to their conclusions.
It’s Déjà vu All Over Again:
I reported on O’Mara’s motion for sanctions against the prosecution in Update 24. O’Mara’s motion principally dealt with the prosecution’s willful failure to live up to its discovery obligations, and BDLR’s lack of full disclosure with the court.
In Update 27 I reported on the last motion hearing where Judge Debra Nelson did her best to try to suggest that O’Mara had been engaged in wrongdoing (he had not), however, she did order BDLR to work and play well with others and to turn over all discovery. It would seem he has not been able to bring himself to do as she ordered.
On or about May 23, O’Mara filed a new motions for sanctions. O’Mara opened:
1. The defense has recently been made aware that the State has had access to certain discoverable information on the phone of Trayvon Martin, and that his information includes, specifically, relevant information for Mr. Zimmerman’s defense; relevant information for impeachment of State witnesses; and relevant information for potential rebuttal evidence from the state. Further, the defense is aware that the State had access to this information in January of 2013, in that they received and/or generated reports concerning this information.
This means, simply, that BDLR has repeatedly lied to the court, and continues to withhold information he is required, by law and more specifically, by the order of the court, from the defense. The best part is O’Mara is saying he has documentary evidence–reports–to prove it.
O’Mara notes that he filed a demand for discovery on April 25, 2013 specifically asking for this information and that during a hearing on that motion, BDLR claimed he had not received any further reports on that information. Back to O’Mara’s most recent motion:
…This was false. See April 30, 2013 State v. Zimmerman Hearing at 16:46:00:
MR. WEST: Have you received any information?
MR. DE LA RIONDA: No we have not talked directly to Cellbrite, Your Honor.
THE COURT: Or anybody else?
MR. DE LA RIONDA: No, Your Honor.
The State was fully aware at that time that there was information resident on Trayvon Martin’s cell phone, including pictures of Trayvon Maftin in possession of at least one weapon, pictures of marijuana plants, pictures of Trayvon martin smoking marijuana, pictures of marijuana blunts, and texts discussing, securing or purchasing firearms, and bragging about being involved in fights, etc.
O’Mara cites the relevant state and federal rules and decisions which make clear, as he has done in his past motions, that the information he is demanding is indeed relevant and discoverable and BDLR hasn’t a legal leg to stand on in slow walking and/or refusing to immediately turn it over. This passage is particularly devastating:
5. It is anticipated, based on the machinations of the State to date regarding the discharge of its discovery obligations, that they will argue that the forwarding of the BIN file to defense counsel completes its discovery obligation in regard to the information. Such a suggestion is similar to offering the 26 letter of the alphabet and stating that all words of discovery could be found within it. The BIN file produced is a series of zeroes and one, which can only be interpreted by appropriate software and have scoured the data, producing additional reports, including the exculpatory information referenced above. This is undeniable. While the defense has hired an expert to partially decipher the BIN file, it is unknown what information the state has been able to extract, and to the extent such information is discoverable, pursuant to the Young case as argued above, it should be forwarded to the defense.
O’Mara notes that this is a part of a continuing and ongoing pattern by the State to deny a fair trial to Zimmerman. There can be no other conclusion. He lists the many motions for discovery he has made, and adds:
Reference is further made to the State’s questionable explanation for its failure to forward information to the defense regarding the erstwhile non-hospital visit of Witness 8 [Dee Dee]. Mr. de la Rionda offered that he simply ‘forgot’, even though the defense has asked him on five previous occasions, including letter, email, motion and a notice of hearing. The only way this matter can properly be addressed is for this Court to inquire of the state regarding the existence of these reports, and to demand that they be forwarded to the defense.
Indeed. He forgot. BDLR’s forgetfulness is documented in Update 27.
Let’s take a moment to consider what has been revealed in this direct, six-page motion. Once again we discover that BDLR has had highly specific and very damaging (to his case) information available as early as five months ago (January, 2013) and has repeatedly lied about it, not only to O’Mara, but to the judge. Among that evidence was photographs on Martin’s cell phone, including:
(1) A photo of Martin holding what appears to be a Smith and Wesson Sigma semiautomatic pistol (it would have to be in 9mm or .40 S&W caliber). Martin, due to his age, could not have legally possessed a handgun;
(2) Photos of multiple pot plants (photos of items 1 and 2 are available at Talk Left.)
(3) Photos of Martin actually smoking pot;
(4) Photos of “blunts” (cheap, small cigars hollowed out and filled with marijuana. Martin often made reference to these in his social media posts).
(5) Texts relating to obtaining guns, and bragging about being in fights.
All of this and more–and there is much more–is directly relevant. It would be hard to find evidence more relevant to Trayvon Martin’s state of mind, his very being, on the night of February 26, 2012. But this is not close to all of the evidence involved.
The issue of the BIN data is very revealing of the bad will of the prosecution. O’Mara is correct. BIN data is simply binary computer code. Without the correct software to render it into script, it is useless, lines of “00101110001100,” etc.. BDLR could not have had intelligible information from the data without having it properly translated via the appropriate software, therefore, he had to have known that giving the defense only the BIN data–in a format obviously not easily translatable by common and easily available software–amounted to saying “what are you griping about? I gave you all the discovery. Sure, it’s in Martian, but you’ve got it all!” BDLR is again revealed to be a liar and entirely dishonorable. There is now more than sufficient information to institute disbarment proceedings, and perhaps even prosecution, in any state, should the legal establishment be so inclined.
The Beast Within:
In a reply to a motion filed on May 21, Don West replied to the state’s motion to exclude any and all information relating to Martin’s degree of marijuana intoxication. Prior to this reply we knew (Update 7) that tests of Martin’s urine revealed THC–the active ingredient of marijuana–in his blood to a degree that in some states, he would have been liable to a driving under the influence charge. West added substantially to our knowledge of Martin’s degree of impairment.
According to West:
…The active THC was measured at 1.5 ng/mL whereas the metabolite was measured at 7.3 ng/mL. This level is sufficient to cause some impairment (although it is considered to be less than that required for a DUI arrest) according to the State’s toxicologist, Dr. Bruce Goldberger.
West notes that when deposed, Dr. Goldberger cited Dr. Marilyn Huestis of the National Institute on Drug Abuse. He continued:
Dr. Goldberger opined that Taryvon Martin may have used marijuana within a couple of hours of his death or that it could have been longer than that depending on whether Trayvon Martin was a chronic user or an occasional user.
West also revealed other, very interesting and previously unknown, evidence:
From other evidence in the case, it is known that Trayvon Martin brought marijuana with him from South Florida to use while he was in Sanford and that he used it at least one time after arriving in Sanford prior to his death. Trayvon Martin was suspended from school for possessing a baggie containing marijuana residue and was known to smoke marijuana with his friends.
West notes that Martin was in Sanford because he was caught with that baggie at school in Miami. West then built a substantial case for inclusion of the information:
In George Zimmerman’s non-emergency call to the police, he describes the person, later identified as Trayvon Martin, as appearing as though he was ‘on drugs.’ Additionally on close inspection of Trayvon Martin’s physical appearance at the 7-Eleven, where he was recorded on video within an hour of his death, he ‘sways’ at th counter as if he’s under the influence of some substance. Taken all together, it is likely that Trayvon Martin was under the influence of marijuana at the time of his death and that his thinking and judgment were impaired at least to some degree.
Now we have the state’s own toxicologist on the record that Martin was almost certainly smoking pot within hours of his death, and that he was impaired. We also know about his school suspension for a baggie with pot residue, and we learn that the defense is prepared to present evidence that Martin smoked pot with his friends, a matter about which Dee Dee is sure to have knowledge. We also learn that the defense will present evidence that Martin brought pot with him to Sanford and smoked it at least once. This information is presumably found in Martin’s text messages.
Jeralyn Merritt of Talk Left also has a post on this issue that raises an issue I first discussed in Update 9, relating to Martin’s suspicious activities at the 7-Eleven relating to possible marijuana use.
More Talk:
O’Mara has also filed another motion for continuance on May 23, because the State has sprung yet another so-called “expert” on speech identification, a Dr. Reich. According to the motion, the state provided only a partial report on the evening of May 10. 2013. Talk Left has an article shedding a little light on Dr. Reich’s analysis (noted as the “second report” in the article):
The second report is so absurd I’m wondering if it wasn’t a joke. Parts of it are laugh-out-loud funny.
‘For example, approximately one second after the start of CALL3, Mr. Zimmerman makes a seemingly religious proclamation, “These shall be.” His speech is characterized by the low pitch and exaggerated pitch contour reminiscent of an evangelical preacher or carnival barker.
The statement is challenging for the untrained listener to detect as it occurs simultaneously with Trayvon Martin’s loud, high-pitched, distressed, and tremulous ‘I’m begging you.’ and the 911 Dispatcher’s ‘Nine-one-one.’ Many of Mr. Zimmerman’s ‘side-bar’ utterances are subject to such multiple-talker masking effects and to low signal levels.
It seems the Washington Post originally hired Reich to listen to the call in 2012:
In an effort to find out what might be discerned from the crucial 911 call, The Washington Post retained Reich, 67, a former University of Washington professor with a doctorate in speech science who has worked for prosecutors and defense attorneys in hundreds of criminal and civil cases over a period of more than 35 years.
Where many people have heard only vague yells on the recording, Reich said that he has found language. Reich also identified two distinct male voices outside, in the background of the recording – one younger, one older – that he concludes are those of Martin, 17, and Zimmerman, 28.
To familiarize himself with Zimmerman’s voice, Reich also listened many times to a recorded call that Zimmerman placed to police minutes earlier that night and that has established much of what is known about the moments leading up to those last 45 seconds:
To put it as succinctly as possible, the prosecution must be absolutely, run- about-screaming, bumping-into-walls desperate. Reich’s “analysis” seems to be nothing more than listening to the sample really carefully a whole bunch of times. Dr. Reich by implication presents himself as a “trained listener.” And this trained listener heard George Zimmerman say “these shall be” in the manner of a carnival barker or evangelical preacher while his head was being repeatedly thrust into a concrete sidewalk, and this during “multiple talker masking effects” and “low signal levels.” In other words, he really couldn’t hear what was being said because too many people were talking at once and the volume was too low.
I can think of many things I might say when in great danger or distress–in fact, I’ve said a great many of them over the years. “These shall be,” or anything remotely like that, was never among them, nor have I ever heard any such pronouncement or anything like it from others in similar circumstances. Various obscenities tend to predominate. My personal favorite tends to be “Oh s**t!” Go figure. I wonder how one is “trained” to hear such things?
Merritt is right; this is utterly absurd, and O’Mara and West would reduce Reich to a pile of ashes within minutes, even if Judge Nelson were foolish enough to allow this utterly unscientific tripe to be heard. No rational prosecutor would even think of using such an obviously lame “expert” witness. That they obviously are requesting the use of this witness indicates just how badly they’ve struck out with the FBI and other witnesses who at least have the cover of using some scientifically accepted methods recognized by the justice system. This is forcefully and convincingly explained in Don West’s reply to the state’s response to his motion for an evidentiary hearing dated May 21, 2013. The state has no voice analysis evidence that is scientifically acceptable, and even the guesses provided by various “experts” yield nothing, yet BDLR keeps spending taxpayer dollars on “experts,” hoping to throw their testimony at the wall in the expectation that at least some of it will stick.
It’s Phony:
Text message information obtained by the defense is not in the least helpful to the prosecution. As previously noted, Martin’s own words portray him as a pot smoker and criminal, and it’s clear that various friends and family members knew of his bad and criminal behaviors and tried to dissuade him from them. Those conversations can be found here (Note: there are many redactions):
(1) Ten Pages, 11-22-11 through 02-26-12.
(2) One page: Martin talks about being suspended from school for fighting.
(3) One page: Martin talks about fighting.
(4) Four pages: 02-17-12 through 02-21-12. Martin talks about getting a gun, and about drug use.
(5) One page: Martin talks about getting a gun (from 02-21-12).
(6) Two pages from 10-28-11 through 11-21-11. Martin brags about fighting and being suspended from school.
(7) One page from 04-11-2011 through 12-30-2011. Martin brags about fighting, and getting in trouble. The context suggests his friends know this is common for him.
(8) One page from 02-10-2012 through 02-19-2012, discussing the purchase of a .22 revolver.
There are, no doubt, more of these, and more far more harmful to the prosecution, as BDLR is trying to conceal them through his BIN data ploy.
Also included in the defense’s notice are a group of photos of Martin from his cell phone. These photos depict him with false gold teeth, and making obscene gestures. They also appear to show him involved in refereeing a fight, and reveal him to be, rather than a small and helpless child, a tall, well-developed and muscular teenager.
Trayvon Martin
There are also a variety of documents from Zimmerman’s neighborhood clearly indicating his reasonable concerns for the security of that area:
(1) A police report from 11-01-2009.
(2) An e-mail from Zimmerman to the neighborhood about an attempted burglary, dated 02-03-12.
(3) An e-mail from Zimmerman to the neighborhood about a burglary, dated 02-07-12.
(4) An e-mail from Zimmerman to the neighborhood about the apprehension of a thief, dated 02-20-12.
(5) A tweet from the Retreat at Twin Lakes on 02-12-12, touting the neighborhood watch leading to four arrests for local burglaries.
An additional bit of possible evidence for the defense is eight separate SPD animal reports over several years in the area. This is significant in that it was the Sanford police that encouraged Zimmerman and his wife to arm themselves for protection from aggressive dogs in the area.
To get a sense of the other evidence, which has been redacted and/or otherwise hidden from the public, take the links here, and here for descriptions.
FINAL THOUGHTS:
The court of appeals, as this is being written, has yet to respond to O’Mara’s motion for cert. That response, if it overturns Judge Nelson and grants O’Mara’s request to depose Benjamin Crump, will absolutely require Nelson to grant a continuance of the June 10 trial date. O’Mara has filed a response to Florida AG Pam Bondi’s response that utterly destroys Bondi’s arguments, and her misstatement of O’Mara’s. As with all of O’Mara’s submissions in this case, it is well written, clear and understandable.
We arrive on the eve of the May 28th motion hearing, which is scheduled to take all day, pretty much where I expected us to be. The prosecution continues to behave badly, failing in its obligations of discovery, and repeatedly lying to the court. All of its failings appear to have been an attempt to run out the clock and to keep the defense from presenting a completely effective case. For a competent prosecutor, this would not be an issue. Let the defense do its best, for the truth and the facts would normally win.
For the justice system, however, the gravest sin is that BDLR has lied so badly and been so easily exposed. None of this, to date, has seemed to bother Judge Nelson in the least, at least not for public consumption. However, BDLR has lied so often and so egregiously that no judge in their right mind could allow it go unpunished. To do that would be to utterly destroy respect for the legal system, a matter that is usually of great concern to judges. It remains to be seen whether the narrative, or public faith in and the integrity of the justice system, are of more importance in Florida.
Should the voluminous and constantly growing evidence of Trayvon Martin’s bad character and behaviors be allowed as evidence? Absolutely. Generally speaking, this kind of information is allowable if it is relevant to the issues at hand. Because Zimmerman’s defense is based on self-defense–particularly an unprovoked attack by Martin that put him in fear of serious bodily injury or death–factors that would tend to shed light on why that attack might have occurred are surely admissible and not prejudicial. Considering the evidence, it boggles the mind to imagine that BDLR really thinks the fact that Martin was impaired by pot is not admissible.
Zimmerman thought Martin was under the influence of something when he observed him, and he was correct. The 7-Eleven tapes indicate him swaying and unsteady as though impaired. Martin’s texts, which the prosecution is relying on to try to build a second-degree murder case, reveal Martin to be a drug user and criminal. The prosecution can’t open the door to these lines of inquiry and then try to shut it when the defense wants to walk through.
What would not generally be admissible? Decades-old allegations of childhood sexual play by Zimmerman. Non-scientific guesses amounting to nothing more than someone listening really closely to absolutely sub-standard and unintelligible speech samples.
We still don’t know the exact content and time frames of the calls Dee Dee made with Martin revolving around the time he was killed. Presumably, that is part of the information BDLR is trying to conceal from the defense. As I’ve often observed, no prosecutor tries to hide evidence from the defense if he has a competent case. That evidence could have no other effect than to encourage the defendant to roll over and beg for a plea bargain. Not so in this case. Each new revelation of previously undisclosed evidence does nothing but support Zimmerman’s account, and further badly damage the narrative.
Trayvon Martin, sadly, is being damaged by his own words and actions. One can argue, to at least some degree, that many young men, particularly those who are shuttled between homes, try to act “tough,” bragging, fighting, perhaps even experimenting with drugs. Many of those young men eventually grow up and beyond youthful indiscretions. But many do not, and others end up in jail, or tragically, dead. That these young men are often in trouble with the police, jailed, injured or killed is not bad luck, prejudice, or ‘profiling,” but the result of their own bad choices.
I don’t know enough of Martin’s parents to make any judgement about them. Perhaps they, like some, were so involved with their own struggles they had little time for Trayvon. Perhaps they were devoted and attentive parents, but Trayvon was beyond their control. Perhaps the truth is somewhere in between.
The picture being painted of Trayvon Martin by his own photographs, associations, behavior, social media posts and his text messages is that of a young man heavily involved in drugs, and beginning to become ever more involved in the kinds of dangerous crimes–assault, burglary, theft–that all too often end in disaster. This is not a scholar, but the kind of kid any principal would want out of his school because he’s just too disruptive and destructive to himself and others. I’ll not be the slightest surprised if Martin’s school records show him to be failing most, of not all of his classes, to be often absent and tardy, and to have a wide range of behavioral referrals. This requires no prescience on my part, merely experience.
And this information too is relevant. Were it not for Martin’s bad behavior at school, he would not have been suspended and in Sanford on February 26, 2012. A ten day suspension is either the result of a very serious single incident, or more likely, the result of a number of less serious incidents finally amounting to a lengthy suspension. The misbehaviors that led to that serious suspension are obviously relevant.
Trayvon Martin
This self-portrait has–for the honest observer–completely erased the narrative’s soft-focus portrait of a slight, skinny, smiling, friendly, studious, Skittles-carrying child with a bright future, fleeing from a huge and hulking white-Hispanic brute profiling him for wearing a hoodie, and intent on murdering him while simultaneously calmly reporting his behavior on a phone call with the police. Would such a young man, impaired by pot, attack a stranger daring to look at him the wrong way? Anyone who does not know the answer urgently needs a refresher course in reality.
But pot smokers are mellow! Perhaps, some. In drug enforcement circles, there are a variety of aphorisms. One suggests that it’s better–through generally more dangerous–to work with speed freaks as informants. Pot smokers are generally too lethargic, while speeders have loads of energy. However, no rational cop buys entirely into these stereotypes. I’ve seen more than my share of paranoid and aggressive pot smokers. Drugs affect different people, well, differently. It is not out of the ordinary for pot smokers to get into fights, even to kill others. Cheech and Chong are laid back, dopey and funny, but that’s comedy, not reality.
In every way that counts, George Zimmerman’s account stands, and as the State’s investigator Dale Gilbreath testified at the initial bond hearing on April 20, 2012 (Update 3) , the state has no actual evidence to contradict Zimmerman’s account. I expected that at least some previously unknown evidence would come out over the last year that might chip away at Zimmerman’s story, but everything revealed to the public has only supported Zimmerman more strongly. No wonder the charging affidavit was incompetent and devoid of actual evidence: the prosecution has no case. This charge should never have been made.
Should the jury be taken to the Retreat at Twin Lakes? Of course. This is not at all uncommon, nor is it prohibited by Florida law in any way. The only reason Judge Nelson might refuse such a request was to deny the jury direct knowledge of the time and distance issues that do not fall to the favor of the prosecution.
Can the jury be sequestered and their names kept secret? Again, there is more than sufficient precedence for this. Zimmerman is entitled to a jury of his peers, there is no constitutional prohibition regarding sequestering a jury or keeping secret their identities. As long as Zimmerman is satisfied–and he is making this request–there should be no issue beyond the difficult logistics. Considering the extraordinary publicity this case has generated–I’ve thus far done 29+ separate articles–failing to grant this kind of request could easily constitute reversible error. It would be expensive and not easy to do, but it’s inherently reasonable.
Unless BDLR can hide exculpatory discovery from the defense even into the trial, evidence so explosive and convincing as to counteract everything that is currently known–and that would absolutely provoke a mistrial, perhaps even a dismissal with prejudice in a competent, honest justice system–there can be only one outcome to this sorry episode in Florida justice.
Stately McDaniel Manor 
Where did the little boy in the Hollister t-shirt go?
I think many people are wondering the same thing.
Hollister photo is doctored….analysis is at the bottom: JPEGsnoop 1.5.2 by Calvin Hass
http://www.impulseadventure.com/photo/
NOTE: JFIF COMMENT field is known software
Based on the analysis of compression characteristics and EXIF metadata:
ASSESSMENT: Class 1 – Image is processed/edited
This may be a new software editor for the database.
If this file is processed, and editor doesn’t appear in list above,
PLEASE ADD TO DATABASE with [Tools->Add Camera to DB]
So… we are confident that the photo was changed in content, sufficient to change the intent of the photo? By which I mean it was something more than cropping, color adjustment, red eye removal, or the host of other simple edits that could be done by the other “editor” matches?
I always wondered if the now most popular photo of TM wasn’t chosen because it has him in what some would call a red shirt. I know his face is from when he was about 12 years old, but was someone trying to play a mind game on the public because there were witnesses that said that the guy in the red shirt was on the bottom getting beaten up? The entire scheme cooked up within days of the shooting was to paint Martin as the innocent party.
Mike, can you edit this comment to remove some of the non-relevant info? This comment basically amounts to a thread-hijack, as it forces the user to scroll for a several pages to get to the next comment. Captain LSS, it would suffice to say “I’ve tested the photos and they appear to have been edited according to the EXIF data.”
That is also a lot of bandwidth. no?
Dear Captainlongschlongsilver:
Hi there, and thanks for your comment, as always, but I’m afraid I’ve had to edit it as it was entirely technical data that wasn’t informative. Could you put the information in layman’s terms? That would be, I’m sure, much appreciated by readers.
Thanks again!
There are a few other photos that were taken of Tray on that day in his Hollister shirt and he looked post in all of them, and older.
You said:
This is particularly important if George Zimmerman is to be kept from testifying, which Mark O’Mara and Don West would almost certainly see as desirable.
You ARE saying that the defense does not want him on the stand. Is that correct?
Your updates are brilliant.. thanks so much.
Dear Jordan2222:
I am indeed saying that the Defense wants to keep Zimmerman off the witness stand. In virtually any capital case, that’s a good idea, and in this one, where the prosecution is utterly unethical and abetted by the judge, it’s a particularly good idea.
Thanks for your kind comment.
I had thought that was your position but was not sure. Our language is NOT precise as Buckley stated so often.
IMO, George could not withstand Bernie’s assault on him on the stand. I have to admit that he did seem to “exaggerate” a few things and he was not totally consistent in all of his statements and was a bit fuzzy at the crime scene reenactment. Nothing big to us but those minor things could be huge to a jury the way BLDR would make them out to be.
So… Trayvon was found dead with MJ, and a gun on him.
He was paranoid and under the influence of MJ, despite the fact no one was following him, or trying to track him down.
Zimmerman was apparently a random passerby set on by an upredictable paranoid aggresive marijuana user whom -might- have smoked as little as a few hours ago, or longer, if it was chronic use.
Rake-a-da-muck, man. 1.5 ng/ml is not signifigant enough to exclude some one from employment, but apparently, is enough to “impair” you. Further backed by “he looks like he was swaying or something”.
For all the talk of Zimmerman’s self defense, you would think rather than delay for 6 weeks, they would have gone with an immunity trial. Zimmerman wasn’t defending himself, folks. It was taking the easy way out of a fight he provoked. For all of his statements while on the phone with the NEO, he followed up on zero of them.
Flips side: this is indeed an overcharge. I would have gone with manslaughter.
“So… Trayvon was found dead with MJ, and a gun on him.
He was paranoid and under the influence of MJ, despite the fact no one was following him, or trying to track him down.”
Yes, he did have THC in his system and a 7-11 lighter in his pocket… the full toxicology report that could show that he was under the influence of additional illicit substances has yet to be released. If that report was favorable to the prosecution’s case, surely they wouldn’t continue to hide it. Trayvon also had a recent history that included being in possession of drugs, drug paraphernalia, stolen property, and screwdriver/weapon at school and beating up snitches, as he called them. Interestingly, his texts also gave details of his experiences with both bloody noses and MMA ground and pound in previous fights… both are techniques he used on the night on 2/26/12 against the Neighborhood Watch volunteer (i.e. another ‘snitch’) who was reporting him to the police.
We also now know that both of the earlier iterations of how Trayvon even got to Sanford to begin with were lies. In the first iteration, it was claimed that he had been with his father all week and they traveled to Sanford together, In the second iteration, it was claimed that Brandy picked him up halfway. In the new third iteration culled from TM’s phone, we now learn that he had actually taken a bus… It begs the question, why would they even lie about something so trivial… unless it wasn’t trivial. The same day TM took the bus is the same day his cousin tweeted about TM taking a swing at a bus driver. Coincidence?
Contrary to his parents claiming that he had never had any contact with the police, TM had numerous run-ins with the Miami-Dade Schools Police Department and the SPD’s criminal background check on Martin turned up a Nov 2011 field contact report on him with the Miami Gardens PD as well.
Sadly, we can clearly see from the recently released phone texts that the people in TM’s life were well aware of the violent and destructive path he was on… and one even eerily predicted that TM would end up with a bullet in his chest if he didn’t change his ways.
“Yes, he did have THC in his system and a 7-11 lighter in his pocket… ” — I know man, I would hope to high heaven than the 1.5 ng/ml meant something meaningful. Comparatively speaking, poppyseed bagels deliver 200 ng/ml of opiates an hour or so after ingestion. Sort of makes that 1.5 seem… well, insignifigant. Compound that with its fricking weed, its is down right petty.
“Trayvon also had a recent history that included …” — careful. We might have to start comparing arrest reports from Trayvon to George, along with restraining orders, other histories of violence while working ‘security’, etc.
“Interestingly, his texts also gave details of his experiences with both bloody noses and MMA ground and pound in previous fights… ” — as I recall, he also refereed (sp?) some of those fights. They were VERY a-typical of youth growing up, right? :cricket chirp:
” who was reporting him to the police.” —- for the drug offenses, guns, and violence, right? No? Oh, thats right, it was “casually walking” and “looking at all the homes”. Wow, compelling crime, right there. And, just for mine own curiosity, is it habit for NWC members to carry firearms, or act alone? Does Zimmerman have a history of being overzealous regarding non issues? :cricket chirp:
Lastly, what exactly was Zimmerman doing when he lied to Martin about whether or not he had a problem? Why didn’t he announce his presence earlier? Why did he feel compelled to persue some one whome was obviously fleeing from -him-?
Can’t let another asshole get away, can we? Surely, this was God’s plan.
Better a wanna be cop than a wanna be gangsta?…We know by now the media and the potus prefer wanna be gangstas to wanna be cops, but I prefer wanna be cops (and I cannot stand wanna be gangstat’s and I even dare to speak my mind on that issue)
It begs the question, why would they even lie about something so trivial
I had started a list of their trivial lies that were all actually UNNECESSARY but lost it. A complete up to date would be interesting to see. The lies were just plain stupid and gives one insight into the capability of logic in their “brains.”
Warning Mike:
The trayvonites are getting extra rabid as this hoax becomes unraveled
mm. Not quite. Go the other way with it. Frankly, Trayvon, don’t care about. I don’t want a clown like Zimmerman representing concealed carryers in Florida, he is the poster child for everything you shouldn’t do. Because if this case, and his ineptitude, more scrutiny is being given, which might result in the typical knee jerk reaction that limits other responsible firearms owners.
I think the DA outta bring in several regular Medical MJ users and see how impared they are on the stand, after smoking only 15,30,1hr,2hrs,and3hrs before.. let the jury see just what this scary MJ can do to ya…NOTHING!!!!
Dear Sammy:
Sorry, but my many years in law enforcement, to say nothing of my experiences in education, have proved beyond any doubt that marijuana use is not without consequences. There is no drug whose use does not carry consequences of some kind, controlled substances among them.
Those advocating legal marijuana have never been able to answer this question: If the societal consequences for legal marijuana are only half as bad as those for legal alcohol, can we honestly afford them?
Juveniles using pot are uniquely incapable of mature, rational judgment.
It is amazing how quickly some folks can change from saying MJ produces a great “high” and/or can put you in a dream, sleepy state, and then turn around in a case like this and say it has little to no effect. If it has little to no effect, why would anyone pay money for it and risk jail time?
I’ll give it a shot — it’s a trick question. The real question is, can we continue to afford the societal consequences of marijuana prohibition? Set aside the fiscal costs — which are enormous — and just look at the social costs. To prohibit marijuana, we have eviscerated the constitution (commerce clause frauds, destroying the fourth, fifth and sixth amendments), para-militarized our police forces, setup a culture where cooperation with the police is a capital crime enforced by vigilantism, constructed a giant for-profit penal system, and made plea bargains and over-charging the order of the day and trials by jury a rarity.
Even if marijuana were to cause people’s entire GI tract to fall out of their rectum and gave syphilis to all their blood relatives just for smoking it just before goading them into walking into crowded malls and exploding, it still wouldn’t be enough harm to justify the grievous blows its prohibition strikes against the foundation of our freedoms.
Sammy,
try this quiz:
which neurotransmitters are affected by marijuana use?
dopamine or serotonin
do you know what the function of these neurotransmitters is on behavior and cognition?
Put pot experts like Cheech and Chong on the stand. I bet they would do it for nothing.
Play back that court scene where the lawyer says “Your honor, my client FOUND these drugs and was merely on his way to turn them in.. .. ” It was as much a hoot as “Dave’s not here.”
Ya think that might show how pot can influence behavior?
Nelson’s most illogical ruling today was denying the defense the right to bring up Martin being high when he attacked George.
“Nelson’s most illogical ruling today was denying the defense the right to bring up Martin being high when he attacked George” —- pretty impressive, then. To be so high as to sway noticeably on camera, then sprint 100+ yards home, then to come back and with martial artist precision disable an opponent some odd 40 pounds heavier than you in such a fasion that no counterstrike occured.
Didn’t Zimmerman used to work occasionally as security/bouncer type role?
Or 1.5 ng/ml is the reefer equivalent of gargling with Listerine and checking your BAL.
Pick a card.
“So… Trayvon was found dead with MJ, and a gun on him.”
He had traces of marijuana in his system, but no marijuana “on him” as in outside of his body in a pocket or something, and certainly no gun on him.
Where did you see anyone claiming they found marijuana and a gun on his body?
Just wondering aloud the relevance of da muck, Unitron. At the core, Zimmerman saw… a dude walking home in the rain. That, however, doesn’t mean we can’t attach all sorts of sordid details to this character, none of which are relevant to that evening, right? Rake-a-da-muck.
What did trayvon say, via recently discovered texts, that he would want to do to a snitch?
What would george be classified as in trayvon’s terms?
The family knew who he really was. That is exactly why we never did. This was alwas about george because george is the mea ticket. Check out richard kurtz’s analysis of the body and tracy martin’s initial opinion of the 911 call screams and tell me this entire story you hold dear is not all a lie.
Mike,
Excellent article. Thank you.
Great article Mike, once again. There is also information contained in one of the defense motions filed that on the day of the incident, TM and DD were arguing throughout the day, and at times the arguing was downright hostile and angry. That information could also help to explain TM’s state of mind when the incident took place.
One thing that struck me was that Crump didn’t just pull DD out of thin air to manufacture a witness, as some have speculated including me. The two obviously had a history which unfortunately wasn’t leading to a healthy lifestyle for either. It’s no wonder DD didn’t call anyone after learning of TM’s death, and likely why she told BDLR that she “got guilt.”
On the record of TM’s phone texts, after many of the texts, it is marked as deleted. I am wondering if Tracy and/or Crump could have tried to delete the messages that were damning to his character and reputation. In between the deleted messages that were others that were marked intact. Someone had good reason to want only certain messages gone.
And then.. there is also the issue of the missing texts as expressed by DeeDee. Where are they?
I’m going to go out on a limb here and speculate that maybe MOM simply didn’t share the ‘missing’ texts with her… considering the history of this witness, it would be extremely wise not to provide her with too much information that she can use to fabricate a story around.
It would also be an excellent way to gauge her recollection of her conversations with TM that day… if she can’t recall what they discussed in the texts, or can’t recall them accurately, then her recollections of speaking with TM would be highly questionable as well.
I do not think MOM knew about the missing texts. It was DeeDee who brought them up in the depo and the defense said that.
However, she may have been lying about that, too, for cover as is being discussed on other threads by those who are studying all of the phone records.
I don’t understand the problem with BIN files. They are pretty common, although not near as common as an ISO file, which is similar. Both can be burned to a CD and then the information can be read from the CD. Alternatively, one can convert from a BIN to an ISO. I’m pretty sure there are some programs that will ‘mount’ a BIN file as a logical CD drive. I normally convert them from BIN to ISO, then open them like a normal file with WinRAR. From there, I can extract one or all of the files to whatever location I like. I can do this in just a few minutes.
There’s two parts. First, there is an expense and time delay involved in having it analyzed. Zimmerman would presumably like to avoid this if possible.
Second, as important as having the evidence is, he also has a right to know what the prosecution does and doesn’t know. If he has a fantastic eDiscovery expert who extracts tons of info, that doesn’t mean that the state’s expert is as good. He has a right to know exactly what the state does (and doesn’t) know.
Well, I think the prosecution gave the data in BIN format just be a horse’s butt. Normally, files would be lumped together in ZIP or RAR format. I prefer RAR, it’s kind of a standard on the Internet. If a copy of a CD is to be given, the data normally would be zipped, unless an IMAGE of the CD needed to be given, and then it would be in ISO or BIN format (amongst others). The BIN format has been around for a long time, but it’s not nearly as popular as ISO. However, the info in a BIN file can be converter in minutes to an ISO or just extracted outright into a directory. The only time the BIN format (should) be difficult to work with is if the BIN file is corrupt. Then, for practical purposes, they would need to go back to the source and get a new copy or get the data in a different manner (format). Given data in a BIN file is only marginally more difficult to deal with than given in it ZIP or ISO formats.
I think there is a misunderstanding here. I think you have the impression that they handed over a BIN disk image. I don’t think that is this case. In eDiscovery a .bin file is usually a straight memory dump from a device. It has to be run through an interpreter to pull the data out into the whatever the device’s file structure is.
OK, thanks for the clarification. I took a computer forensic class in college and worked some with memory dumps like this. There are devices that can be used to pull this information from phones (even when password protected) that make this job easy (Google Cellebrite).
http://www.newsmax.com/TheWire/MichiganStatePolice-CellPhones-Data-ACLU/2011/04/23/id/393861
If all they have to work with is the memory dump, and not the original phone, this can be a slow process.
As “popular” as marihuana is, there seems to be a lot of people who are very, very ignorant of its effects. For starters, there are 2 distinct kinds. There’s the indica which is the “makes you sleepy, man” kind and there is the sativa that is the wild, paranoia speedy kind. And often times they are crossbred together.
As I have said about other facts, if it was Zimmerman with marijuana in his system, or he had pics of plants on his cell phone, the State, dullard Crump, et al., would be screaming how this fact alone was proof positive his was a depraved mind that sought out Trayvon “I’m a gangsta” Martin to murder.
Alas, because these damning revelations relate to Trayvon “I’m a gangsta” Martin, in the world according to dullard Crump this is all a tin of red herrings.
In whose defense that evening was Zimmerman definatevly acting on? His actions that he took as he describes them vs what he said Martin did are VERY ill advised, and flirt closely with “provacative”, if not already having a hand up her skirt, or near his waist (CWIDT?).
Does Zimmerman typify the type of person you want carrying a gun?
Yes. Because he called in other kids via 911, with a gun, and never used it. Odd how his only use is one bullet on a day he wants officers to meet him where he has pre gunshot injuries. Trayvon did not. Aka with no gun the officers george called for arrest a very living trayvon who pit dem bangaz to a cracka as stephen martin so eloquently said two days later.
Do you want a kid who hurts homeless men and fights snitches and gets kicked out of his house with a gun? Think tray wants cops near him more than george? Prove it.
Mike, I think Phil is over in the other thread. How’d your reply get over here?
Dear Joel C:
Good question. I’ll see about fixing it. Thanks!
Howdy Do Folks… I have been reviewing my now-almost-10GB of data on this case, and posting some of it on YouTube and elsewhere.
And just now got my FTP program to work so I can upload files to my server space.
Some have asked about the red Hollister shirt, meaning the pic of Trayvon Martin looking all pleasant, nice, and smiling.
Why is this relevant to the criminal case?
IMO MOM West need to file a motion in limine prohibiting the State from trying to get any youthful pics of Trayvon Martin admitted into the case. They are not relevant to any issue in the criminal trial.
Kind of funny, MOM West could simply find one of Bernie’s old motions in limine where at the main case (meaning not sentencing) he tried to prevent the defense from getting pictures in of defendant as a child angel. Obviously, Bernie would argue, that was simply a machination to evoke sympathy from the jury.
The same arguments would apply here. Trayvon Martin in his red Hollister shirt smiling has nothing to do with his February 26 imposing, thug appearance.
Humorous sidenote, but maybe not funny: Was dullard Crump disseminating Trayvon Martin’s pic in a red t-shirt a deliberate attempt to confuse the public? Back in March 2012, dullard Crump and Natalie Jackson knew early on (even if they only watched the Feb 27 Fox News broadcast) that witness John and Austin Brown BOTH said the guy in the red shirt was on the bottom, getting beat up by the guy in the dark hoodie.
Were dullard Crump and Natalie Jackson trying to confuse people with subliminal suggestion? People pay very little attention to what they hear or see on the news. They digest less than 10% of information and by the time they talk to others about what they saw or heard, they get even that 10% recall incorrect.
So did these con artists hope that many people hearing that “the guy in the red was on his back” see the pic of Trayvon Martin in a red t-shirt conclude it was Trayvon Martin, as pictured, who was on his back that night?
Anyway, I’ll chop up my posts.
Teaser: That Hollister pic, it was NOT a recent pic of Trayvon Martin, it was from as far back as Feb. 2010, if not 2009. How do I know this? Uh, because Trayvon Martin posted it on his MySpace page and HE dated the post as his birthday, “2010.” (Which means it was from Feb 2010, assuming he got the shirt for his 2010 birthday.) Moreover, that shirt was made by Abercrombie. It is a 2009 shirt, not 2011, not 2012.
Did ya all see my video summarizing the state of the state’s case?
http://www.youtube.com/watch?v=CGL52dS5Mqo
And my graphical depiction of what the evidence reveals?
Hey, it is a holiday, we all get to misbehave today.
Reblogged this on A world at war.
Hmm… I was watching TV and did not notice how long this comment turned out. No matter, I am providing this for the Net and MOM West for their use. :)
While I am technically more adept than colleague lawyers, I’ll comment on what I think went on.
What Mike says is exactly right, on BIN-gate (sorry, could not resist) the prosecution was dishonest, unethical, and they should be sanctioned and disciplined.
– In many courts, especially federal where Judges don’t tolerate the Bernies and Angelas of the legal world, long ago Bernie and Angela Corey-Nifong would have been nailed to the wall, especially since we are dealing with a very serious matter, a murder prosecution, albeit in any criminal matter you don’t obstruct the discovery process or prevent a defendant getting a fair trial.
As I keep reminding, we are dealing here with the power of the government, where in Florida prosecutors have the power to attempt ending your life or putting you or I in prison for 25 years.
I know it sounds corny to people who don’t concern themselves with history, the ultimate power of the government, and abuses of power, but our Country was founded on principles of maintaining a check on that power (e.g., keeping the king from summarily ordering your execution).
Update: I am really pissed off. I am done with simply discussing this matter on the Net. I have decided to use my connections and send out the following:
I am writing U.S. Senators on the Judiciary Committee, and some House Members I know.
I am sending an open letter to the NY Times and the Wall Street Journal.
I am dispatching a separate letter to the Florida Supreme Court Justices.
All these dispatches will be copied in a press release to worldwide media (I might give Reuters the exclusive in that regard).
Of course Alan Dershowitz will be carbon copied on everything.
IMO letter writing is how we can help George Zimmerman and put an end to this.
If you write well and are upset about Bernie’s and Angela’s abuse of power, you need to send out “complaint letters” too.
The issue is NOT George Zimmerman’s guilt or innocence, it is the conduct of the prosecutors in this case. The concern is that Angela Corey-Nifong on an active murder case she is prosecuting called esteemed law professor / lawyer Alan Dershowitz and threatened him with lawsuits, disbarment, and criminal charges because he criticized her actions on national TV.
http://www.newsmax.com/Newsfront/Zimmerman-Trayvon-Angela-Corey/2012/06/05/id/441305
http://jacksonville.com/opinion/blog/400601/ron-littlepage/2012-06-08/ron-littlepage-angela-coreys-hissy-fits-threats
Poll: Do you think the POTUS regrets his “If I Had A Son” speech. If he does not, he will.
I will be greatly interested to know what reaction you get from this. Keep rocking and rolling.
Oh you can bet I’ll keep you updated. Actually, I have been composing the letters in my head over the past few months, keeping a rough outline. And each communication must be tailored to whom it is going.
At some point, will you share those actual letters with us? Redacted,. of course//sarc/
Here’s an idea:
Compose one of two generic letters similar to those you intend to send accenting the most disturbing aspects of this case, and post them so that others can use them as a model to send to those who should receive the letter. Everyone is not as educated or eloquent as you are and I bet there are many who would follow your instructions.
There are always more followers than leaders, right? When the student is ready to learn, the teacher will appear.
I recall seeing an excellent list of all of the “criminal” major players in the case and the list included ALL of their contact information That was very early in the case before I became so involved so I have no idea where I saw it. However, it sounds like YOU might have a lot of it. ”
Thanks for all you do in the name of truth and justice for all.
…. why not write Governor Scott? IIRC, the prosecutor was made so by special gubernatorial appointment.
Well, I don’t know Scott. And he strikes me as one of the evil doers, at least from everything I read.
Re: your poll question – should we assume that POTUS has the requisite psychological integrity to experience regret?
This poll strangely reminds me of the “you enjoyed the art of Hitler” meme that made the rounds not to long ago.
Oh, I forgot to post my thoughts on Bernie’s .BIN file misconduct. Thanks for tolerating my long-winded commentary:
– As I understand software, some programs save files in a “generic” *.bin extension. It is like the AVI or MP4 video file extension.
To the human eye all AVI or MP4 files appear the same, but they are NOT the same. E.G., what resides within an AVI file is the “language” (CODEC – “COmpression DECompression”) used to create the video file. In order to view or edit that file, you need the proper CODEC on your computer or phone. In the old days if you did not know the CODEC and program used to create the video, you were out of luck, unless you had a player, for example, that had the top 20 0r 30 CODECS used in the consumer market.
Later that problem was eliminated because everyone started using the same CODEC, and video players came with all CODECS known to man, making playing a video seamless.
You might also experience this problem with Microsoft Word. Many documents have the *.DOC extension, but if Word created the file 10 years ago on an old version of Word, when using the newest version of Word you may get a warning that the formatting in the old file may not work properly on your new version of Word.
– Anyway, I understood that Bernie gave MOM West a .BIN file knowing full well that MOM West could not open it because they did not know which software was used by whomever to create the file.
That would be like you ordering a movie online, the company sends it to you in MP4 format, but fail to provide you a video player with which to open and play the movie, nor do they tell you which CODEC you need to download in order to view the movie.
– It certainly appears that Bernie intentionally gave them an unreadable file, so at the minimum they would have to hassle trying to open it, and worse, to allow himself to argue that he did not violate any codes, rules, or orders related to discovery because he did in fact give the files to the defense.
– Fact is, Bernie is unethical and criminal. By HIS actions HE is obstructing justice. And he is making a mockery of the Judge, the office which he holds, and the Florida justice system.
I can assure you that in most courts someone saying “I forgot” to tell MOM West (insert information here) would have got him sanctioned and reported to the State Bar.
He is also guilty of making misrepresentations to the court. As pointed out in this article, for example:
MR. WEST: Have you received any information?
MR. DE LA RIONDA: No we have not talked directly to Cellbrite, Your Honor.
THE COURT: Or anybody else?
MR. DE LA RIONDA: No, Your Honor.
Notice that the question was “have you received ANY information?”
Bernie disingenuously misrepresents: “No we have not talked directly to Cellbrite, Your Honor.”
Bernie was fully aware that was NOT the question, did he talk to Cellbrite. He was being dishonest and evasive.
Even the Court noted his evasiveness when asking the follow-up question (did you talk to) “anybody else?” to which Bernie’s lie was complete.
Will the court do anything about this? I don’t know. If Judge Nelson lets the State slide on its obvious misconduct IMO this sends a message to most people that the fix is in, as the saying goes.
Vignette: One time I had a case where opposing counsel submitted 6,000 to 7,000 pages of documents on a DVD. That’s nice of him, to put it on to a DVD. Only problem was, he pulled a Bernie on me.
– He had his software insert each document into a separate folder and sub folder.
– He did not describe the documents, he simply has each identified by a number. While he knew which each document was, we had no idea. We would have had to manually open each folder and sub folder look at the documents and then provide a name for each.
– He locked the folders to prevent our simply copying the files from the DVD to our computers. (Even though if unlocked the review/copy process would have taken a few weeks to do).
So yeah, like Bernie, opposing counsel had built into his machinations plausible deniability, on complaint by counsel (as has been done in MOM’s West’s Sanctions Motion) that Bernie is being dishonest and violated his obligations as a prosecutor, officer of the court, and Florida attorney, he thinks he can argue to the Court that he did NOT fail to comply with discovery, as evidenced by his giving the .BIN file to MOM West.
He will also once again argue that he forgot about this file when answering the Court’s question on who he talked to about the cell phone data and also forgot that he had the .BIN file. He will also blame it on staff (that’s the excuse of last resort when lawyers have nothing else). Lastly, he will say “I’m not technical at all Your Honor, when I hear ‘BIN’ I think you are talking about the natural food bins at the grocery store.”
If the Court again gives a pass on Bernie’s conduct, well that is confirming to the world, again, that the fix is in on George Zimmerman, and that Judge Nelson is presiding in a kangaroo court.
– Sidenote: In federal court attorneys can be prosecuted for criminal obstruction of justice for such conduct. While it is rare, in my files I have the cases where an attorney obstructed the discovery process when he frequently objected at a deposition. It was clear to the court the attorney was objecting to disrupt the depo and avoid lawful inquiry into his client’s wrongdoing.
Under federal law, if an attorney does anything that the court interprets as obstruction, he or she can recommend filing criminal charges
Sometimes I get so full of myself telling war stories I forget to tell how things ended up.
On that counsel who gave me the 7000 or so documents in 7000 folders and sub-folders, by that time in my career it is better to pass on the accusations and name calling.
I simply sent him an e-mail outlining his actions, told him that case law long ago (at least in technology years) had held that his response to discovery was equivalent to not responding. I informed him that I would file a motion to compel, arguing that counsel’s non-response constituted a waiver of all objections on the basis of work product and attorney/client privileges, and that his client would have to submit all documents we demanded.
The next day I received a replacement DVD with all 7000 documents in about 10 category folders, with each document identified by name.
Yes, the waiver argument made him pee in his pants.
I mention this detail because as Mike has pointed out in every article, MOM West have conducted themselves as professionals, respecting the oaths they took, and as officers of the court. (In fact, in the latest sanctions motion is when I noticed MOM West used the word “false” when describing Bernie’s conduct. It is a BIG deal in pleadings to call opposing counsel a liar. Usually words like “mistaken, inaccurate, in error, or not true” are used.)
And you can be sure that if MOM West were pulling all the crap Bernie and Angela Corey-Nifong have been over the past 14 months, the State would be calling for MOM West to be imprisoned and disbarred.
Mike- You certainly did deliver! Thank you once again for yet another very good read.
Dear LittleLaughter:
You’re most welcome.
I missed the hearing today, but the Orlando Sentinel reported this. Hmm… feeling how I do about the prosecutors, this is what caused my ears to perk up.
“The judge also still must address an allegation from Zimmerman’s defense that the state improperly withheld data gathered from Trayvon’s phone.
The defense briefly called a witness to testify on that topic today: Wesley White, a former assistant state attorney who worked for the special prosecutor in the case, Angela Corey, before resigning disgruntled last year, according to a Jacksonville.com report.
White said that he contacted O’Mara after finding out prosecutors hadn’t turned over data from the phone.”
Looks like the link spammers are out and about again.
Dear unitron:
Not for long! Thanks!