You can read the article and watch the hearings below for the pertinent information.
IMHO this issue is going nowhere. It’s clear the State has always played games with discovery but those games appear to me to always be in the grey area. I imagine them sitting around discussing what they can hold back as long as possible without actually breaking the rules. The State had their victim from the beginning therefore they never really were interested in investigating Trayvon Martin. Needless to say this truly shows the strength of the State’s case against George. If they had the goods there would be no problem in just handing O’Mara everything they have.
But O’Mara is as much to blame. He also did nothing except just wait for the State to give him information which they didn’t have in a lot of cases. So the fact of the matter is they are both to blame. Could O’Mara not have a year ago now get Trayvon’s phone to Cellebrite? I would think so. He had the time, he had the money, he didn’t do it. He just let it sit there for months and played games with the state regarding it and the info on it that continues right up to the trial. What kind of defense attorney does that? But really it’s no surprise to me, O’Mara has slow rolled with discovery and with investigating Trayvon himself and he has produced virtually nothing on his own accord that hasn’t already technically been in evidence. No need for me to spew about O’Mara again here but if you like you can familiarize yourself with it on my post here:
On the specific issue just go ahead and watch the hearings regarding it and see for yourself how convoluted the matter is. I’ve listened to the first one a few times now and I can’t figure out just where exactly the defense thinks Bernie lied or hid info or what. Then the way O’Mara frames the issue in the last hearing just convoluted the matter even more.
It’s going to come down to the same argument. The state gave O’Mara the .bin file, therefore they had the photos, texts, etc. the entire time, they just didn’t pay to get it all extracted.
Notice as well what the judge says in the last hearing about discovery violations right before they get to the issue. She essentially is of the mindset that Bernie and O’Mara are the same and as we know she clearly favors the prosecutor so just that alone should tell you this issue is going nowhere.
I think all of this is as I’ve always thought in that O’Mara’s strategy is to document everything he feels as discovery violations in anticipation of a guilty verdict to use for appeal. This in itself in the legal world is not unusual from what I understand but from my perspective that is O’Mara’s entire game. He, like me, expects George to be convicted, not on the evidence mind you but by a poisoned jury pool thanks to the fraud committed by Tracy Martin and Sybrina Fulton and the rest of the Scheme Team. So O’Mara, like me, was convinced long ago George will be convicted and hopes what he has documented along with the facts of the case will get his conviction overturned in the court of appeal.
April 30 2013 Hearing
@6:19 (Video at bottom of post)
May 28 2013 Hearing