The Official Zimmerman Trial Verdict Thread

[CrazedScotsman]

George is drinking bottled water. West must have been laughing so hard at the notes that he forgot to refill the tasty water pitcher.

Or the water that the court is giving to the defense was tested positive for Soft Peter.

 

[testarosa]

The local expert exprosecutor guy that has come before this judge on cases and was expert on baby killer trial too says "I've never seen this scripting, if you will, to possible questions with answers before, why couldn't this have ever happened to me in the 30 years I was trying cases?"

LOL

 

[SAJason]

The judge just swore in the prosecutor, it looked like!

 

[Sunshine]

This just in. The jury stopped everything and said they want to give Zimmerman 50 tears for shotting an unarmed kid.

Hey, a fella can dream.

Well, shit. That's not much. My bedroom chandelier has 36 crystal tears (sic) hanging from it.

 

[IlarMeilyr]

A. The knowledge of law enforcement agencies as to the names, addresses, and statements of all persons who have information which may be relevant to the offense charged is imputed to the state for purposes of the discovery rules. Griffin v. State, 598 So.2d 254 (Fla. 1st DCA 1992).

B. None of the rules of criminal procedure relating to discovery require the state to disclose information which is not with in the state's actual or constructive possession. Sinclair v. State, 657 So.2d 1138 (Fla. 1995), citing, Fla.R.Crim.P. 3220(b)(1).

C. The state is charged with constructive knowledge and possession of evidence withheld by state agents, including law enforcement officers. The mere fact that the prosecutor has no actual knowledge of the existence of evidence does not relieve the state of its obligation to properly respond to the defendant's discovery request. Tarrant v. State, 668 So.2d 223 (Fla. 4th DCA 1996).

-- Criminal Discovery in Florida - 1996

 

[Sunshine]

The local expert exprosecutor guy that has come before this judge on cases and was expert on baby killer trial too says "I've never seen this scripting, if you will, to possible questions with answers before, why couldn't this have ever happened to me in the 30 years I was trying cases?"

LOL

That witness was excitable. I suspect the pros knew it.

 

[R.D.]

This just in. The jury stopped everything and said they want to give Zimmerman 50 tears for shotting an unarmed kid.

Hey, a fella can dream.

Take your wet dreams elsewhere, please

 

[asaratis]

The prosecutor looks to be agitated.

 

[Sarah G]

But these are notes he made for himself on how to answer the lawyer's questions in court..

Yeah he made them in Bernie's handwriting.

It would be interesting to compare his notes to the DeeDee cursive letter.

Dee Dee's cursive problem wasn't funny the first 50 times you said it either.

 

[Sunshine]

The Florida 612 rule reads a little differently than its Federal counterpart:

90.613 Refreshing the memory of a witness.—When a witness uses a writing or other item to refresh memory while testifying, an adverse party is entitled to have such writing or other item produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce it, or, in the case of a writing, to introduce those portions which relate to the testimony of the witness, in evidence. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objection shall be preserved and made available to the appellate court in the event of an appeal. If a writing or other item is not produced or delivered pursuant to order under this section, the testimony of the witness concerning those matters shall be stricken.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 491, ch. 95-147.

Statutes & Constitution :View Statutes : Online Sunshine

All's I want right now is West to read the notes for us.

Whatever is in those things is enough to give an ME heart failure.

Assuming they are not written in Mandarin Chinese.

 

[thanatos144]

is there a question of who shot Travon that I am missing???? if not why the fuck are you guys still arguing about DNA?

 

[Sunshine]

Things like incident reports and working (personal) notes are discoverable.

But these are notes he made for himself on how to answer the lawyer's questions in court..

Yeah he made them in Bernie's handwriting.

LOL. I was thinking Mandarin Chinese. Silly me!

 

[Edgetho]

The judge just swore in the prosecutor, it looked like!

She did, she made him swear to something.

Never been done before to my knowledge.

Some shit about to hit the fan, maybe

 

[Rat in the Hat]

Yeah he made them in Bernie's handwriting.

It would be interesting to compare his notes to the DeeDee cursive letter.

Dee Dee's cursive problem wasn't funny the first 50 times you said it either.

You don't think it's funny that she couldn't read a letter she wrote???

 

[Missourian]

Hooks like Bernie's doin' some 'splainin.

 

[Defiant1]

No sir. What he's saying is that he takes notes when / while he is doing autopsies. He can't remember anything about the day of the TM autopsy. He's answering the questions based on his notes.

IOW he does tons of autopsies and this one escaped his memory...

Then why is he so concerned with anyone seeing them?

"Is that the last time they can see them?" he asked.

If it's just note, there should be no concern...and they should be added to the record.

I get the feeling there is something he doesn't want revealed in there...

The autopsy report is comprised of his notes, officially. His argument here is that these are his personal notes and should not be added to the record. Unfortunate, he has made a mess of this testimony. It's all anyone will think of.

Florida has a very extensive public records law. He is a public employee. His notes are a public record.

He could have destroyed his notes prior to appearing in court but he didn't. Furthermore once a request for a public record has been made, it is a crime to destroy that record within 30 days of the request.

 

[asaratis]

is there a question of who shot Travon that I am missing???? if not why the fuck are you guys still arguing about DNA?

The prosecution is likely to be attempting to prove that things could not have happened as Zimmerman described. The defense is likely trying to debunk each point the prosecution attempts to make. Their is no doubt on either side as to who shot whom.

 

[IlarMeilyr]

I am not following this. It LOOKS like it doesn't matter whether or not the prosecution actually HAD Bao's notes in their possession. Constructive possession is pretty damn hard to get around.

That Bernie may not have known about it is (I believe) pretty irrelevant.

The only way this one peters out is if there's nothing particularly substantive IN Bao's little script.

 

[Sarah G]

The prosecution knew he was going to be difficult but what can they do, not call him? The only thing they could do would be to put him on at a different time.

They want him out of there, I'm sure but that isn't going to happen. I'm sure the Defense wanted to drop West after his unfortunate opening that went on and on but they're stuck with him too.

 

[Sunshine]

I am not following this. It LOOKS like it doesn't matter whether or not the prosecution actually HAD Bao's notes in their possession. Constructive possession is pretty damn hard to get around.

That Bernie may not have known about it is (I believe) pretty irrelevant.

The only way this one peters out is if there's nothing particularly substantive IN Bao's little script.

Anytime I had to testify in court I had a copy of the patient chart with me. Medical Records would copy everything and bind it for me. No extraneous notes. That is allowed. When he was saying, 'all I know is what is in my notes.' I thought he meant OFFICIAL notes. Silly me.