George Zimmerman Hearing & Presser May 28, 2013

Update

Few highlights:

52:58 Trayvon ran out of pot in Sanford may have looked for more in Sanford says O’Mara

57:28 Video Trayvon taped of two buddies of Trayvon beating up homeless guy says O’Mara

2:06:21 Photograph of underage girl on Trayvons phone

Audio and Video eventually fall out of sync a bit.
Starts @34:15
(Sometimes a YouTube video will abruptly end for no apparent reason. If that happens I suggest watching it on YouTube itself and reloading from there if necessary)

1) 34:15 STATE’S MOTION REQUESTING COURT TO COMPEL SHELLIE ZIMMERMAN TO TESTIFY AT DEPOSITION(Granted)
39:55 George appearance notice
2) 40:04 STATE’S MOTION IN LIMINE REGARDING OPINION AS TO APPROPRIATE PENALTY OR DISREGARD OF LAW(Granted)
3) 40:49 STATE’S MOTION IN LIMINE REGARDING PRIOR CRIMINAL HISTORY(Granted)
4) 41:45 STATE’S MOTION IN LIMINE REGARDING CALLING OF WITNESSES(Granted)
5) 43:20 State’s Motion in Limine Regarding CVSA Testing(Granted)
6) 45:09 STATE’S MOTION IN LIMINE REGARDING SELF-SERVING HEARSAY STATEMENTS OF DEFENDANT(Granted)
7) 47:58 STATE’S MOTION IN LIMINE REGARDING TRAYVON MARTIN(Granted)
8) 1:06:40 STATE’S MOTION TO LIMIT/EXCLUDE IMPROPER OPINION EVIDENCE(Granted)
9) 1:10:04 STATE’S MOTION FOR PROTECTIVE ORDER/MOTION IN LIMINE REGARDING TOXICOLOGY(Granted)
10) 1:20:12 DEFENDANT’S MOTION FOR ANONYMOUS JURY(semi-granted/continued to May 31 hearing hearing canceled)
11) 1:38:27 MOTION TO ALLOW JURY TO INSPECT THE INCIDENT SCENE DURING TRIAL(Denied)
12) 1:44:29 REDACTED MOTION TO ALLOW ADDITIONAL WITNESS DISCLOSURE(Granted)
13) 1:45:31 MOTION FOR EVIDENTIARY HEARING REGARDING ADMISSIBILITY OF EXPERT OPINION TESTIMONY(Resolved/Continued June 6)
14) 1:45:50 MOTION TO ESTABLISH REASONABLE EXPERT FEE(Sort of denied)
1:53:37 (Media argues more on photographing jury, hearing May 31 1:30)
15) 2:01:20 Motion for Sanctions Against State Attorney’s Office for Discovery Violations and Request for Judicial Inquiry Into Violations(Continued on June 6 and possibly June 7)
16) 2:12:24 MOTION TO ALLOW EXPERT WITNESS TESTIMONY AT HEARING ON MAY 28, 2013 TO BE BY VIDEO CONFERENCING(Granted)
17) 2:12:55 States Third Motion For Gag Order(Denied)
18) 2:23:05 Defendants Motion to Continue(Denied)
2:33:36 Recap
2:34:50 Jury stuff/questionnaire/scheduling
2:40:54 Court in recess

Presser volume is louder than hearing

Robert Zimmerman Jr. Statement
Crump et al. 9:30
O’Mara 37:39

e7tgavdgdrb

Possible Live coverage of Hearings links
For the live feeds I usually have the best luck at http://livewire.wesh.com and http://www.clickorlando.com However be sure to check the main pages of the links provided above to be sure.

NBC feed(link shown at top banner)
http://www.nbcnews.com/

WESH feed
http://livewire.wesh.com/Event/Defense_to_ask_for_delay_in_George_Zimmerman_trial

Click Orlando feed
http://www.clickorlando.com/watch-live-george-zimmerman-case/-/1637238/19907450/-/127j9xk/-/index.html?showAds=0

WFTV Feed
http://www.wftv.com/s/zimmerman-livestream/

There are many types of screen recording software. I use HyperCam 2(use at your own risk of course)
http://download.cnet.com/HyperCam/3000-13633_4-10004511.html
http://download.cnet.com/1770-20_4-0.html?query=screen+recorder&platformSelect=Windows&tag=srch%3Ba&searchtype=downloads&filterName=platform%3DWindows&filter=platform%3DWindows

I’ve used other screen recorders, I just happen to be using HyperCam right now. If you know of a better one for long recording like over 2 hours please let me know your experience and software.:
Camtasia Studio is good but costly.
BSR Screen Recorder is good, inexpensive.
http://camstudio.org/ Free

I would also suggest an audio recording as a backup. I use Sony Sound Forge but I’m sure there are free ones that can serve the purpose just as well.
http://www.sonycreativesoftware.com/soundforgesoftware

I suggest practicing with the software beforehand and also setting up early.

Be sure to check the following sites for threads on this hearing as well:
Random Topics GZ Thread
TalkLeft
TalkLeft GZ Forum
The Last Refuge
Nettles

e7tgavdgdrb

The following motions are assumed to be heard at the next hearing, subject to change of course and any new motions in the meantime will be added here.

NOTICE OF HEARING for May 28, 2013
http://www.flcourts18.org/PDF/Press_Releases/Amended%20Notice%20of%20Hearing%205%2021%2013.pdf

MOTION TO ALLOW EXPERT WITNESS TESTIMONY AT HEARING ON MAY 28, 2013 TO BE BY VIDEO CONFERENCING

REDACTED MOTION TO ALLOW ADDITIONAL WITNESS DISCLOSURE

DEFENDANT’S MOTION FOR ANONYMOUS JURY
http://gzlegalcase.com/index.php/court-documents/164-defendant-s-motion-for-anonymous-jury

George Zimmerman Seeks Anonymous Jury by Jeralyn at TalLeft(includes thoughts on deposition of Shellie)

TalkLeft GZ Forum
http://forums.talkleft.com/index.php/topic,2397.0.html

The Last Refuge

MOTION TO ALLOW JURY TO INSPECT THE INCIDENT SCENE DURING TRIAL
http://gzlegalcase.com/index.php/court-documents/162-motion-to-allow-jury-to-inspect-incident-scene-during-trial

TalkLeft GZ Forum
http://forums.talkleft.com/index.php/topic,2395.0.html

STATE’S MOTION REQUESTING COURT TO COMPEL SHELLIE ZIMMERMAN TO TESTIFY AT DEPOSITION
http://gzlegalcase.com/index.php/court-documents/163-state-s-motion-requesting-court-to-compel-shellie-zimmerman-to-testify-at-deposition

TalkLeft GZ Forum
http://forums.talkleft.com/index.php/topic,2396.msg109476/topicseen.html

The Last Refuge
http://theconservativetreehouse.com/2013/05/09/shellies-issue-state-of-florida-files-motion-to-compel-shellie-zimmerman-finish-deposition/

MOTION FOR EVIDENTIARY HEARING REGARDING ADMISSIBILITY OF EXPERT OPINION TESTIMONY
(This motion may be a separate hearing)

http://gzlegalcase.com/index.php/court-documents/157-motion-for-evidentiary-hearing

STATE’S RESPONSE TO DEFENDANT’S MOTION FOR EVIDENTIARY HEARING

TalkLeft GZ Forum
http://forums.talkleft.com/index.php/topic,2392.0.html

MOTION TO ESTABLISH REASONABLE EXPERT FEE
http://www.gzdocs.com/documents/0513/052113_reasonable_fee.pdf

STATE’S MOTION IN LIMINE REGARDING OPINION AS TO APPROPRIATE PENALTY OR DISREGARD OF LAW

STATE’S MOTION IN LIMINE REGARDING CALLING OF WITNESSES

STATE’S MOTION IN LIMINE REGARDING PRIOR CRIMINAL HISTORY

STATE’S MOTION IN LIMINE REGARDING SELF-SERVING HEARSAY STATEMENTS OF DEFENDANT
Defendant’s Reply to the STATE’S MOTION IN LIMINE REGARDING SELF-SERVING HEARSAY STATEMENTS OF DEFENDANT
052313_reply_to_hearsay

STATE’S MOTION IN LIMINE REGARDING TRAYVON MARTIN

DEFENDANT’S RESPONSE TO STATE’S MOTION IN LIMINE REGARDING TRAYVON MARTIN

STATE’S MOTION TO LIMIT/EXCLUDE IMPROPER OPINION EVIDENCE
Defendant’s Reply to the STATE’S MOTION TO LIMIT/EXCLUDE IMPROPER OPINION EVIDENCE
052313_reply_to_opinion

MOTION FOR PROTECTIVE ORDER/MOTION IN LIMINE REGARDING TOXICOLOGY

DEFENDANT’S REPLY TO STATE’S MOTION FOR PROTECTIVE ORDER/MOTION IN LIMINE REGARDING TOXICOLOGY
http://www.gzdocs.com/documents/0513/052113_reply_limine_toxicology.pdf

STATE’S MOTION REQUESTING COURT TO ORDER DEFENDANT TO COMPLY WITH THEIR DISCOVERY OBLIGATIONS

States Third Motion For Gag Order
052313_gag3

TalkLeft on the Gag Order
http://www.talkleft.com/story/2013/5/23/223419/829/crimenews/George-Zimmerman-Continuance-Sanctions-and-Gag-Order-Sought

State’s Motion in Limine Regarding CVSA Testing
052313_state_limine_cvsa

Defendants’ Motion to Continue
052313_motion_to_continue

Motion for Sanctions Against State Attorney’s Office for Discovery Violations and Request for Judicial Inquiry Into Violations
motion_for_sanctions

Feel free to comment but please try to limit yourself to the topics at hand. This post will remain sticky until a couple of days after the hearing. I will attempt to record it and comment as it occurs. The comments will remain open until the hearing however I will post a link here to the first comment below when the hearing starts so one can avoid prior comments if they wish. I hope to also provide an after hearing post as soon as I’m able.

157 thoughts on “George Zimmerman Hearing & Presser May 28, 2013

  1. The state’s motion to compel Shellie to testify at deposition might be heard before May 28th too, assuming the state hears the motion to disqualify voice expert before May 28. I have that thought just because the court will not want to cause a squeeze for time to the state.

  2. Can someone correct me if I am wrong in my understanding on this Shelly business.

    As I understand it:

    1. Shellie is on the defense witness list.
    2. The State wants to depose Shellie BECAUSE she will be called as a witness by the defense.

    Now, that said, why would defense put Shellie on as a witness? My thinking is that, again please correct me if I am wrong, but doesn’t Shellie have a right not to testify. I thought a wife has the right not to testify against her husband. I would think that the defense would take advantage of that. The PayPal account is an event that happened AFTER the shooting. It concerned a court proceeding on the bond issue, not the shooting or events leading up to the shooting itself.

    I don’t think the defense should call Shellie, and Shellie should use her right of not having to testify against her husband.

    Now please straighten me out so I can get this issue off the table and out of my brain.

    • The defense didn’t put Shellie on their list. They used a boilerplate text that said something to the effect of “Any witness identified through State’s discovery not otherwise disclosed herein.”

      The State is saying that this blanket statement encompasses Shellie Zimmerman, so she is therefore a “listed witness.”

  3. It is my contention that one of the biggest showdowns of the trial will be when Norm Wolfinger takes the stand. BDLR will have to argue why Angela Corey’s team should be given greater credibility than Norm Wolfinger’s team who concluded that GZ had committed no crime at all.

  4. I think the GPS story will prove far more interesting than the DeeDee one. Why is that not coming up at the next hearing? Here is some interesting reading from http://pursuitmag.com/locating-mobile-phones-through-pinging-and-triangulation/ which describes the situation in 2008!
    “New generation cell phones and mobile service providers are required by federal mandate, via the “E-911″ program, to be or become GPS capable so that 911 operators will be able to determine the location of a caller who is making an emergency phone call. When a new digital cell phone is pinged, it determines its latitude and longitude via GPS and sends these coordinates back via the SMS system (the same system used to send text messages). This means that in instances where a fugitive or other missing person has a GPS enabled cell phone (and that the phone has power when being polled, or pinged) that the cell phone can be located within a reasonable geographic area- some say within several feet of the cell phone”.
    So Noffke, if we can believe the above, knew exactly where Zimmerman was at each moment of the NEN call. Wasn’t that information recorded along with the audio?
    This is important stuff. Evidence based on real science is. The fascination with Alan Reich and DeeDee is misplaced. I seriously doubt a jury will take them seriously.

    • My understanding is that that information is protected via one of a dozen or so telecommunications acts and privacy laws. They cant release that data publicly without a court order to do so. We wont see those ping logs until an actual trial, and possibly not even then.

  5. Does anyone have an idea of what the state’s theory of the case will be? For example, will they argue that TM made it close to Brandi’s townhouse only to be followed by GZ?

    -Mark Martinson

  6. Pingback: May 27, 2013 | State of Florida vs. George Zimmerman

  7. Pingback: May 28, 2013 | State of Florida vs. George Zimmerman

  8. Is anyone else getting serious lag loading and scrolling this page? I think it might have to do with all of the scribd documents. If it’s not just me and it’s the scribd documents then maybe a separate post with just the scribd documents and a link to that here?

    • Yes on delay. Most of the motions to preclude introduction of evidence are too broad, and should be addressed during the conduct of the trial on a question by question basis.

      On the expert witnesses, my hunch is that she’ll rule on that later this week. I think she’ll grant the motion to continue,and that will give her time to grant or deny the motion to exclude experts in whole or in part. But, she’s been quick to rule in the past, she has had substantive material (both reports and law) to consider now for more than a week, and I won’t be surprised if my hunch proves incorrect, and she rules on the experts today. I think she’ll allow the voice ID experts, but not the word ID opinions of Primeau.

  9. Bernardo makes his entry. Cousel for the press is there too. The court will likely address the gag motion first, so the press attorney can leave before the arguments on the case in chief begin.

  10. **************************************************************

    Video Trayvon taped of Two buddies of Trayvon beat up homeless guy

    Sherman Ware comes to mind, lolz

    **************************************************************

  11. Why didn’t the judge just make an opening statement saying “All motions in limine will be granted. This train is rolling, and the defense better hop on board.”

    • OMara talks about it in the presser, when asked by a reporter he will not expound on the nature of the underage female photo, suggesting his has the photo now. He says the state likely might have more information the defense has yet to receive.

  12. Defense asking for suspension of hearing to get witness then continue later @ Friday the 31st at 1:30 hearing Bernies daughter is getting married wants it another day

    set maybe for June 6th or 7th

  13. Not sure why Nelson doesn’t just let the defense know that the trial is going to go in the State’s favor if she has anything to do with it. Thank you very much for attending the most blatantly biased persecution, have a nice day!

  14. God I’d have loved to be able to hear that conversation between O’Mara and De la Rionda better. I distinctly heard O’Mara refer to Natalie Jackon’s mother, and Bernie looked surprised at whatever O’Mara told him.

  15. Thanks for the YT uploads Dman.

    All I could find was Trent versions… and I am in no mood to even bother trying them any more.
    Posted at RT… Thanks.

  16. Diwataman, thanks to you I just finished watching the hearing. I’m very grateful you were did the work to bring it to me and others.

    I posted it on my blog earlier with thanks for others to see to.

    Thanks again!

  17. I don’t practice criminal law, but it seems to me that TM’s fighting (and filming two buddies beat up a homeless guy) should be relevant and admissible in GZ’s defense whether or not the state “opens the door.”

    • well, here is a young guy with a documented history of drugs and burglaries, and Zimmerman sees him appearing suspiciously like under the influence and looking in to the houses like a potential burglar. Trayvon’s history of drugs, violence and burglaries is inadmissible because the State accuses Zimmerman doing wrong kind of profilnig – he shoud have profiled a young black guy with a hoodie a potentially dangerous thug and staid in his car/truck. Because Zimmerman didn’t profile Black Trayvon as a dangerous thug, he’s a racist and this is a civil rights case or what I’m not getting right?

      And why is Crump always interviewed by the media like a special olympics winner, trying not to pay attention that his talking points are totally retarded and beside the point?

    • The way to get it in is to characterize the evidence as “reputation,” and get people who can testify as to Martin’s reputation. Meaning, in the case of filming the beating of a homeless man, the witness testifies that many people knew of Martin’s attitude (glee? entertained?) toward the incident, and many people viewed Martin as enjoying the prosepct of an innocent and defenseless person getting a beating.

      The fighting comes in as it shows experience and ability. How could Martin hold Zimmerman down? Well, he was experienced and capable as a streeet fighter. I think the judge will exclude the contents of the cell phone unless the defense produces a person who was the sender or reipient of the messages.

  18. Pingback: Ben Kruidbos – The State and Discovery in the George Zimmerman Case | DiwataMan

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