O’Mara is stonewalling himself.
Regarding this FBI issue, I blame the defense. This issue goes back to the October 19, 2012 hearing and technically long before. Here’s the story and some questions for consideration.
O’Mara says they are five months into the discovery process and is aware that the FBI has been investigating George for at least four months, okay, so first question;
1) Why is he only now, on Oct 11, 2012, filing for the information? Why not do it earlier?
Also keep in mind this is a demand for the State to get the file for the defense, even the judge asks if there’s been a subpoena filed yet to the FBI by the defense. More questions.
2) I am being told that West knows what he’s doing in this regard as a former Federal person. O’Mara also says in the hearing he has worked with the FBI in the past. So why are they NOT going the route they know would get them the documents? Regardless of whether they have an argument or not that the State should do it for them, why even bother wasting time?
Keep in mind that at this point the judge has not issued the scheduling order where motions etc. have to be filed 48hrs. before the hearing. The demand was filed 8 days before the hearing. There was no response from the state before or at the hearing. And what does the judge do? She says the state has not responded so let’s take this issue off the table for another time. And you know what O’Mara does? HE AGREES!
3) WHY?!? Does he agree to that so quickly? Without question?
The judge doesn’t even ask Bernie if he wanted to respond, her and O’Mara just do it.
So what does Bernie do for the next seven days before the October 26, 2012 hearing? Nothing. He doesn’t respond to O’Mara’s demand in writing or talk to O’Mara.
Issue starts @2:19
But apparently it’s okay because the judge allows John Guy of the State to argue against the demand. More questions.
4) Why does O’Mara not protest here? This is a double standard. Why did the judge allow the state to prepare but not allow O’Mara time to respond to their response?
Regardless, O’Mara argues the state should get the defense the files. And the tone regarding this judge, that we have all now become familiar with, is established and set against the defense. She declares the state her little officers of the court that can do no wrong. O’Mara goes off into the weeds trying to establish that the state is not being forthright with discovery regarding FDLE stuff. @16:42 They get back on the issue and the judge asks O’Mara directly if he has subpoenaed or talked to the FBI. Omara’s answer? NO!
5) Why not? I thought these guys know the drill dealing with the FBI but not with this case?
He’s the O’Mara, he aint got to do dat, so O’Mara continues pressing that the state should do it for him. Regardless, the result of all this is the judge rules that O’mara should provide Bernie with specifically what he thinks he should get from the FBI and Bernie will call the FBI and ask if they have it and Bernie will give whatever he gets to O’Mara. O’Mara agrees.
O’Mara files an Amended Demand for Specific Discovery
December 7, 2012
Discussed at the December 11, 2012 Hearing
Amazingly, the judge forgets that she ordered O’Mara to give the list to Bernie who would call the FBI and ask for it and when he got it then give it to O’Mara. The judge now says O’Mara can go to the FBI office and get what he wants. WOW. Okay great. Oh wait, no, Bernie objects and says the FBI ought to have a chance to respond first. So the judge tells O’Mara to rewrite the demand to include that the FBI has 20 days to respond if they wish. Question.
6) Why didn’t O’Mara remind the judge that Bernie’s supposed to get it? O’Mara stressed at the other hearings before this that it’s the state’s job and obligation, now suddenly he doesn’t care?
That was December 11, 2012. What happens after that? Nothing. O’Mara sits on it for nearly two months until the February 5, 2013 hearing where he hands the judge his rewritten demand she ordered and she signs off on it.
The FBI waited exactly the 20 days they had to file their response on February 25, 2013.
Which I have blogged about summing up the FBI’s main position:
The FBI will not release its files on George Zimmerman to the defense.
Because of Mark O’Mara.
O’Mara failed to comply with applicable federal regulations in seeking FBI files of the investigation into George despite the FBI working with O’Mara to expedite the process in assisting him in keeping with federal regulations. To this day O’Mara has yet to respond to the FBI in this regard.