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Zimmerman Defense Motion For Sanctions Against The State

JackFrost

JackFrost

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http://www.gzdocs.com/documents/0313/mot_for_sanctions_discovery.pdf

Defense is claiming W8 not going to the hospital and not being 16 years old...is somehow "brady material"...and wants the state to pay for all their work digging up dirt on her...

O’Mara is asking for punitive sanctions, fines and legal reimbursement, against the State of Florida.
 
JackFrost said:
http://www.gzdocs.com/documents/0313/mot_for_sanctions_discovery.pdf

Defense is claiming W8 not going to the hospital and not being 16 years old...is somehow "brady material"...and wants the state to pay for all their work digging up dirt on her...

O’Mara is asking for punitive sanctions, fines and legal reimbursement, against the State of Florida.
Click to expand...

OMara doesn't want this case to go to trial.. Its been a train wreck from the beginning because George was running around for weeks taking to everyone without an attorney.

Trayvon was buried on March 5th 2012..
 
Brady material refers to a piece of evidence known to the prosecution that is important for establishing the innocence or reducing the punishment of a defendant.
Click to expand...

1. W8 being 18 and not 16 has no bearing on Zimmerman's guilt or innocence
2. W8 going to the hospital or not going to the hospital has no bearing on Zimmerman's guilt or innocence

I predict this motion will be dismissed.
 
JackFrost said:


1. W8 being 18 and not 16 has no bearing on Zimmerman's guilt or innocence
2. W8 going to the hospital or not going to the hospital has no bearing on Zimmerman's guilt or innocence

I predict this motion will be dismissed.
Click to expand...

All OMara has done is complain, whine, blog, beg for money.. They must be desperate for funds again.
 
JackFrost said:
They got a week to get the rent...:lamo:lamo:lamo
Click to expand...

LOLOL...

OMara just doesn't want to do the WORK.. He sees fame, fortune and dollar signs.

Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt.[1] It is the opposite of inculpatory evidence, which tends to prove guilt.

In many countries such as the United States, police or prosecutor are not required to disclose to the defendant any exculpatory evidence they possess before the defendant makes a plea (guilty or not guilty).


Wiki

George thought that the cops were his friends and he could talk his way out of yet another screw up.. Gad, He even tried to call Angela Corey.. What a dumbazz..

Read Leatherman's piece on good cop/bad cop. Its a riot.
 
JackFrost said:


1. W8 being 18 and not 16 has no bearing on Zimmerman's guilt or innocence
2. W8 going to the hospital or not going to the hospital has no bearing on Zimmerman's guilt or innocence

I predict this motion will be dismissed.
Click to expand...

The affidavit for Z's arrest warrant relied heavily on W8's account

All based on a lie
 
sharon said:
Read Leatherman's piece on good cop/bad cop. Its a riot.
Click to expand...

OH, BTW... You know what I read at Leatherman.. Something else you have been entirely incorrect about... Zimmerman actually did have his wallet. He pulled out his CCW card to show it to the officer. You've been claiming for about a year now that Zimmerman was allegedly on his way to Target without a wallet/credit cards/money. Odd how much you have wrong on this case. It just never stops.. Does it?
 
ric27 said:
The affidavit for Z's arrest warrant relied heavily on W8's account

All based on a lie
Click to expand...

1. Heavily? Before all this, you and/or others dismissed her account as minor and "the state has <nothing>". Now all of a sudden she is this "star prosecution witness":lol:
2. What part of her account was a lie?
 
sharon said:
LOLOL...

OMara just doesn't want to do the WORK.. He sees fame, fortune and dollar signs.

Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt.[1] It is the opposite of inculpatory evidence, which tends to prove guilt.

In many countries such as the United States, police or prosecutor are not required to disclose to the defendant any exculpatory evidence they possess before the defendant makes a plea (guilty or not guilty).


Wiki
Click to expand...
Oh look, sharon either doesn't know what she is talking about again and is trying to sound like she does, or is purposely trying to mislead everybody again. :Doh
Which is it sharon?
iLOL


She neglected to include the sentence that states the prosecution is "duty bound" to turn over exculpatory evidence per Brady.
Which is probably why she didn't properly cite her source.
And if you follow the footnote to what she quoted you will see it is just the opinion of Barry Scheck.

See for yourself what she didn't include.

Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt.[1] It is the opposite of inculpatory evidence, which tends to prove guilt.

In many countries such as the United States, police or prosecutor are not required to disclose to the defendant any exculpatory evidence they possess before the defendant makes a plea (guilty or not guilty). [2] Per the Brady v. Maryland decision, prosecutors have a duty to disclose exculpatory evidence even if not requested. Though it is true that the prosecution is not required to search for exculpatory evidence and must only disclose the evidence it has in its possession, custody or control, the prosecution's duty to disclose includes all information known to any member of its team, e.g., police, investigators, crime lab, etc.

In Brady v. Maryland, the U.S. Supreme Court held that such a requirement follows from constitutional due process and is consistent with the prosecutor's duty to seek justice.[3]

Exculpatory evidence - Wikipedia, the free encyclopedia​


Clearly showing that sharon was doing one or the other again.

And in case anyone is wondering, Brady was decided in 1963.


So now to the foot note [2] to explain that it is only an opinion of Scheck.

Prof. SCHECK: ... that didn't commit the crime. But I think the problem is that under the law now, number one, prosecutors are not obligated to provide exculpatory evidence to grand juries who are considering whether or not to indict a defendant. And number two, there's no real requirement at all that prosecutors disclose exculpatory evidence to defendants prior to the time they decide to plead. ​

Sourced here.
Plea Bargains: Necessary Tool, Or Cop-Out? : NPR
 
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JackFrost said:
1. Heavily? Before all this, you and/or others dismissed her account as minor and "the state has <nothing>". Now all of a sudden she is this "star prosecution witness":lol:
Click to expand...
Still displaying the inability to differentiate huh?
Her account is minor. And already suffered from credibility issues. Yet the prosecution relied heavily on it. What don't you understand about that?


JackFrost said:
2. What part of her account was a lie?
Click to expand...
:doh
You already know what she is known to have lied about.
So the question now is what didn't she lie about.
 
Excon said:
Still displaying the inability to differentiate huh?
Her account is minor. And already suffered from credibility issues. Yet the prosecution relied heavily on it. What don't you understand about that?


:doh
You already know what she is known to have lied about.
So the question now is what didn't she lie about.
Click to expand...

There was and is zero credibility issue with witness 8. The prosecution never and will not rely heavily on it at trial. The media hype to get hits on their websites and Zimmer-supporters literally within the last week have made a huge deal out of her account. The prosecution has never stated "we can't do this without W8." If they have, please show some proof.

The only "star witness" anything is George Zimmerman...he was the only one there that is still alive. I can't believe you bit into the media hype:lol:

George Zimmerman lied to Sanford PD about having an Associates Degree in Criminal Justice. We all found out he had a .5 GPA and got D's in his criminal justice classes when his school records were released to the media.
Click to expand...

Does this help or hurt George Zimmerman's credibility?

George Zimmerman lied to Sanford PD about not knowing he pushed/shoved a LEO arresting his friend in 2006.
Click to expand...

Does this help or hurt George Zimmerman's credibility?
 
JackFrost said:
There was and is zero credibility issue with witness 8.
Click to expand...
Wrong!
If you believe that you are being purposely naive.
Her account has been suspect from the get, and all these lies have made it more suspect.
She knew Trayvon was dead and didn't think there was anything to communicate to police so she didn't contact them. Most likely because she knew Trayvon instigated the confrontation. That is the only thing that explains that behavior.

She then refused to cooperate. They lied about her age to do so even. Remember? Her mother wouldn't let her.

Then she was magically discovered shortly after the release of the audio and leaks about Zimmerman's account.

Yep, she is highly suspect.
And these recent revelations are just icing on the cake.


JackFrost said:
The prosecution never and will not rely heavily on it at trial.
Click to expand...
Wrong! The Affidavit relied heavily on her account and it should be dismissed as it is.
Wrong! As she is the only witness that can possibly cast doubt on Zimmerman's account. And the only way she can do that is by lying.


JackFrost said:
The prosecution has never stated "we can't do this without W8." If they have, please show some proof.
Click to expand...
No one said they did. That is you injecting your own version of absurdity.
But if she is impeached, or the jury finds out she lied about these simple and immaterial things, their case becomes a hell of a lot harder that it already is.


JackFrost said:
Does this help or hurt George Zimmerman's credibility?
Click to expand...
Neither as you do not know it to be true.
Nor will it be coming in at trial
But of course you do not realize that.

JackFrost said:
Does this help or hurt George Zimmerman's credibility?
Click to expand...
Neither as he didn't lie.
And it wont be coming in either.
But of course you do not realize that.
 
Excon said:
Wrong!
If you believe that you are being purposely naive.
Her account has been suspect from the get, and all these lies have made it more suspect.
She knew Trayvon was dead and didn't think there was anything to communicate to police so she didn't contact them. Most likely because she knew Trayvon instigated the confrontation. That is the only thing that explains that behavior.

She then refused to cooperate. They lied about her age to do so even. Remember? Her mother wouldn't let her.

Then she was magically discovered shortly after the release of the audio and leaks about Zimmerman's account.

Yep, she is highly suspect.
And these recent revelations are just icing on the cake.



Wrong! The Affidavit relied heavily on her account and it should be dismissed as it is.
Wrong! As she is the only witness that can possibly cast doubt on Zimmerman's account. And the only way she can do that is by lying.



No one said they did. That is you injecting your own version of absurdity.
But if she is impeached, or the jury finds out she lied about these simple and immaterial things, their case becomes a hell of a lot harder that it already is.



Neither as you do not know it to be true.
Nor will it be coming in at trial
But of course you do not realize that.

Neither as he didn't lie.
And it wont be coming in either.
But of course you do not realize that.
Click to expand...


Wrong.
 
so, the defense repeatedly asks the prosecution for the information regarding witness 8's hospitalization during the wake/funeral and about whether said witness was of the age of majority at the time of the incident, and the prosecution repeatedly ignores the defense's request for said information .... despite that the information was then known to the prosecution
this appears to be an obvious win by the defense
 
ric27 said:
The affidavit for Z's arrest warrant relied heavily on W8's account
All based on a lie
Click to expand...
Iirc, in that affidavit there are two sentences related to that.
One which says that she was talking to TM and the other which says that TM was being followed by someone TM didn't know.

http://www.nytimes.com/interactive/2012/04/12/us/13shooter-document.html

I wouldn't call that a "heavy" reliance. But that's not exactly a well-defined term.

Which one of the two sentences is a lie?
That TM was on the phone to DD?
Or that TM was followed by GZ?
 
sharon said:
OMara doesn't want this case to go to trial.. Its been a train wreck from the beginning because George was running around for weeks taking to everyone without an attorney.

Trayvon was buried on March 5th 2012..
Click to expand...


Can't wait to see George's derriere go to jail for murdering Trayvon.
 
sharon said:
Read Leatherman's piece on good cop/bad cop. Its a riot.
Click to expand...

I agree. It is a riot. From the post that you love:

If Serino ever gets a book deal, I’ll buy his book. He’d got things to answer for, but keep in mind he looked into GZ’s eyes and read his body language, heard his story, walked the grounds with him and then looked again into his eyes as George was confronted with the NEN call recording and several of his contradictory statements. If anyone in the world knows whether or not to believe GZ it’s detective Chris Serino, who wanted to charge him with murder and was willing to settle for manslaughter but NEVER felt GZ was in the clear.
Click to expand...

So, lets go see what Serino (and even his lawyer) think about the case.

"The best evidence we have is the testimony of George Zimmerman, and he says the decedent was the primary aggressor in the whole event," Serino told the Sentinel March 16. "Everything I have is adding up to what he says."
Click to expand...

On Tuesday, de la Rionda handed the much-revised Serino report to defense attorneys, saying he had received it recently from Serino's attorney, Jose Baez, who advised them that it would likely help Zimmerman.
Click to expand...

Serino wrote in a sworn affidavit that there was probable cause to arrest Zimmerman. But he later told the Federal Bureau of Investigation he was pressured to author that document and didn’t believe the evidence was sufficient for the manslaughter charge he recommended.
Click to expand...

"I have never seen a high-profile case that is so weak as the Zimmerman case,"
Click to expand...

I guess that last one was for his book tour in which he never mentions a book and doesn't even have a book coming out.

I think teh biggest riot of the entire post, is it makes it clear that the individuals that post at the Leatherman blog know about as much as you do about this case...
 
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Excon said:
Wrong!
If you believe that you are being purposely naive.
Her account has been suspect from the get, and all these lies have made it more suspect.
She knew Trayvon was dead and didn't think there was anything to communicate to police so she didn't contact them. Most likely because she knew Trayvon instigated the confrontation. That is the only thing that explains that behavior.

She then refused to cooperate. They lied about her age to do so even. Remember? Her mother wouldn't let her.

Then she was magically discovered shortly after the release of the audio and leaks about Zimmerman's account.

Yep, she is highly suspect.
And these recent revelations are just icing on the cake.



Wrong! The Affidavit relied heavily on her account and it should be dismissed as it is.
Wrong! As she is the only witness that can possibly cast doubt on Zimmerman's account. And the only way she can do that is by lying.



No one said they did. That is you injecting your own version of absurdity.
But if she is impeached, or the jury finds out she lied about these simple and immaterial things, their case becomes a hell of a lot harder that it already is.



Neither as you do not know it to be true.
Nor will it be coming in at trial
But of course you do not realize that.

Neither as he didn't lie.
And it wont be coming in either.
But of course you do not realize that.
Click to expand...

You are something:lol:

1. She will not be impeached, as it is immaterial.
2. The jury will not hear of it in the courtroom, as it is immaterial.
3. <Potential> jurors may hear of it now, that is the only reason O'Mara and West are making a big hoopla over nothing. This is their only option in a losing case.
 
Simon W. Moon said:
Iirc, in that affidavit there are two sentences related to that.
One which says that she was talking to TM and the other which says that TM was being followed by someone TM didn't know.

http://www.nytimes.com/interactive/2012/04/12/us/13shooter-document.html

I wouldn't call that a "heavy" reliance. But that's not exactly a well-defined term.

Which one of the two sentences is a lie?
That TM was on the phone to DD?
Or that TM was followed by GZ?
Click to expand...

This is a M2 charge. You just don't gloss over it...

Re read it... word for word
 
Simon W. Moon said:
Already have.

How about you point out w/e you're talking about?
Click to expand...

The entire 2nd paragraph of the 2nd page is based on the phone call.

That includes that Trayvon was just returning home. Evidence (except for Dee) does not support.

That Zimmerman disregarded the dispatcher and continued following Trayvon. Evidence (except for Dee) does not support.
 
buck said:
That includes that Trayvon was just returning home. Evidence (except for Dee) does not support.
Click to expand...
TM's proximity to Green's place isn't evidence? Or the proximity doesn't support the idea that TM was headed there?
Or what exactly?

What about GZ's account that TM headed in the direction of Green's place?
Is that not evidence?
Or it doesn't support the idea that TM was headed there?
Or what exactly?

buck said:
That Zimmerman disregarded the dispatcher and continued following Trayvon. Evidence (except for Dee) does not support.
Click to expand...
You don't think GZ's own account supports the conclusion that GZ continued looking for TM?

Is that not evidence?
Or what exactly?
 
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Simon W. Moon said:
TM's proximity to Green's place isn't evidence? Or the proximity doesn't support the idea that TM was headed there?
Or what exactly?

What about GZ's account that TM headed in the direction of Green's place?
Is that not evidence?
Or it doesn't support the idea that TM was headed there?
Or what exactly?
Click to expand...

Yes, the fact that Trayvon ran and ran until he was too tired to run anymore (according to Dee) and yet made it just a bit more then 100 feet is certainly not evidence that Trayvon was returning home. That Trayvon was still near the "T" after all that running (not far from where he first disapeared), certainly is not evidence that he was on his way home. The fact that if he was truly returning home, he would have been there well before Zimmerman even hung up the 911 call does not support that he was returning home. The only thing that supports him being on his way home is that DeeDee made that claim.

You don't think GZ's own account supports the conclusion that GZ continued looking for TM?
Click to expand...

No, it sure doesn't. Zimmerman acknowledged the request of the dispatcher to stop following. The wind noise stopped.
 
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