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DiwataMan 
Court is in session 9am
Okay, Rick Madigan, lol, don’t take this the wrong way and I do appreciate your commentary but you have in effect turned my jury post into a hearing post, lol. I’ll have to restructure this post now and post a new one for the jury.
I know, I thought of that, but I was scrambling for where to post this morning. I thought of continuing on yesterday’s Frye hearing after the jury selection, or finding that open thread of yours, but I didn’t wanna miss anything, so I figured I’d begin posting and we’d sort it out later. LOL! Sorry about that.
I hope you are going to continue a daily for the trial. Its okay if you don’t, I was going to do the commentary on a Word doc originally, and email interested parties, who can’t watch the whole day, but want to. And then when I saw your threads, I figured it might help others who didn’t watch the whole hearing, or simply wanted another perspective, for me to simply post on your blog.
O’Mara arguing against Mantei. June 24th to 12th August covering the entire trial. Judge says decision to perpetuating testimony, you’re taking trial testimony, not a deposition. Noticed as a witness in April?
Judge tells Bernie and West to talk in private and she will wait.
Judge to O’Mara: What is point? What are you asking for?
O’Mara: I am asking for the relaxation of the authentication rule … Trayvon Martin’s phone …
Mantei says relevance issue, they want monetary relief blah blah
Judge: I just want you to get to the point. I will not generally relax the authentication rule.
She seems right bitchy this morning!
Guy argues against defense not wanting them to use the term profiled, saying that they will not make it a racially charged term. Other words vigilante, wouldn’t be wrong to say self appointed but won’t use that although he initiated the program, etc
Judge says case law that says “racial profiling” should not be used, but other words should be okay, in their opening statement. You can use it against them in your closing statements to show State did not prove what they promised.
O’Mara says it will plant a seed in the jury’s mind for facts that will not be available in court.
Judge will allow the words, including he confronted TM because that is the State’s case
I think that’s a good, and interesting call. The state admitted at the bond hearing, over a year ago, that it had no evidence that Zimmerman confronted Martin. It has no evidence of that now, either. That the court views “confrontation” as “the case” is a bit of a window into what fact she will have to contrort on a motion for judgment of acquittal. I don’t think the jury will be persuaded by the state’s opening, unless the state produces evidence in support, and I think O’Mara will do a fine job of pointing out that the totality of the evidence shows who confronted who; and that totality has no conpeting or conflicting “circumstantial” component. IOW, the jury won’t be fooled. Nelson will have to find or fabricate circumstantial evidence to make the state’s case.
Judge yells at Mr. West, I cannot make a ruling in a vacuum. Bernie needs to look at it over the weekend.
Will not give a ruling on Frye today, will not rule on weekend, will give it Monday. She doesn’t have a fax machine at home … blah blah blah
West simply says he would simply like to know what a decision is, not necessarily a ruling.
You Tube video reference at hearing where Owen explains how his software works, NEN call and 911 screams call, exemplar, the loops Owen used, etc. are in what West wants to turn in. Also the CV’s of the scientific experts.
Is there anything else you need a ruling on. Okay, then see you all Monday, she says.
That’s all she wrote folks. No decision on Frye hearing and will not rule till Monday, so Defense has no time to prepare for their opening statements to the jury.
Guess they can do one with and one without and go with whichever is best, depending on her ruling. All this cramming before the test cause the railroad must happen on schedule.
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Although I’m not a huge fan of Judge Nelson, I am not surprised with her ruling. I don’t know how anyone can find flaws in her reasoning. She said Dr. French was the best witness and I agree.
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