Tuesday, July 2, 2013

State v. George Zimmerman Day 7: Judge Nelson favors the prosecution over doing justice. Update: But another state witness supports Zimmerman!

Judge Nelson: She seems more concerned with her political future than ruling fairly on the law...
Andrew Branca at Legal Insurrection:
BDLR argued that when O’Mara asked Serino if he believed Zimmerman to be telling the truth, Serino responded that he did, that such a testament of a law enforcement officer of a defendant was inappropriate and must be struck. He “ambushed” the defense with a detailed motion the State’s office had presumably spent much of the night preparing, and Judge Nelson required the defense to evaluate and respond to the motion while standing in court. O’Mara did the best he could under the circumstances, but Nelson elected to side with the State. When the jury was brought into the courtroom she played the audio of that part of O’Mara’s cross, and instructed the jury that the evidence was struck and not to be considered by them.
As Andrew Branca notes, all this accomplished is having the Jury hear the statement again.  The other testimony was still the type that should lead to reasonable doubt, but there is the danger of the jury being swayed by the bias of Judge Nelson.  And there is also the danger of other pressures on the jury to throw George Zimmerman under the bus.  There are obviously people out there who would be willing to improperly contact jurors. That is a real danger.

Update:
Legal Insurrection/Branca's analysis of Day 7:  Judge still carrying water for the prosecution. Seems like George/defense did okay today, with a few points for the prosecution.
Legal Insurrection Day 8: Not surprisingly Judge Nelson gives the State what it wants...then the witness they call gives testimony favorable to Zimmerman.  Opps.  State damages its terrible case even more.  With the judge, prosecution and media against George Zimmerman, it is almost like this guy might be innocent...  Let's just pray the jury goes the right way.  
Testimony is George Zimmerman wanted to be a prosecutor...hmmm does that show a depraved heart?  Perhaps it does!
Legal Insurrection/Andrew Branca: State wins evidence battle, but loses testimony war...
Talk Left is reporting the State may rest today and it does not see a case (remember this is a left leaning blog).
Chris Matthews' Pauline Kael Moment...
Legal Insurrection: Day 8, Judge Nelson still favoring the prosecution...
Legal Insurrection Day 9:  State rests, biased Judge Nelson denies request for directed verdict and then makes the Defense start its case on a Friday at 5 p.m.!  O'Mara puts on Zimmerman's mom and uncle and leaves the jury with some compelling testimony to counteract Martin's mom.  

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