The State's own discovery includes the medical record with the diagnosis of a broken nose.



It does if Martin's use of force wasn't legally justified. Can the State prove that Zimmerman did anything that would have legally justified Martin's use of force in self-defense?



No, actually, according to the relevant statutes, unless the State can prove that Zimmerman was doing anything illegal at the time of the physical altercation, nothing that "led up" to that altercation matters one bit. So, again: can the State prove that Zimmerman was doing anything illegal at the time of, or in the lead-up to, the physical altercation?

(Spoiler: the State is already on record, in court, stating that they do not have any such evidence.)

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

"There are events that directly led to that altercation, and those events will make all the difference in this case."

OK DV, What are the provable, factual events that amount to Murder 2 which came before the uncontested attack by Mr. Martin on Georgie. Tell them to me WITHOUT using the words: "if", "what if", "maybe", "could have", "suppose", "how about" "let's see" and any other wiggle words.

As Sgt. Friday would say, "Just the facts.".

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No matter how many times a lie is repeated, it will never become the TRUTH!

And see: that second-degree murder charge causes the State even *more* problems. Because even if they can prove that Zimmerman's homicide of Martin was not legally justified as self-defense, they *still* have to meet the standard of evidence to prove the elements of second-degree murder.

Florida statutes define a second-degree murder as follows:


State v. Montgomery establishes a three-prong test that defines second-degree murder as an unlawful killing that is characterized by an act or series of acts that:


The State has... what evidence, exactly, to meet these criteria?

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

George Zimmerman's attorney likely to file for delay in trial
By Scott McDonnell, Reporter
Last Updated: Wednesday, January 30, 2013, 12:55 PM

SANFORD --

Financial times are tough for George Zimmerman, according to his lawyer.

On top of that, defense attorney Mark O'Mara said his team may have to ask for a delay of trial.

Wednesday, O'Mara told me his case may need an extra six months until it's ready. He said problems with discovery are slowing down the process, plus they don't have the money to pay for the experts needed.

O'Mara said Zimmerman was almost completely out of cash, and unless donations flow in to a newly launched website, he will have to take drastic measures and declare Zimmerman indigent.

"Well, quite honestly, George is without money, so [from] that view of it, he should be declared indigent if he requests it, and the state should assist in his funding," said O'Mara. "I'm sure the counter will be that he had a lot of money and that he spent it already. But the reality is that I think we can justify why he spent it, and how it was spent and the necessity for spending it, and that it was gone."

O'Mara said Zimmerman's defense team is about to relaunch his legal defense fund website, hoping to spur donations.

Zimmerman's legal team hopes to bring in at least $30,000 a month. O'Mara said the website will now contain information on the amount of money raised thus far, and how it's being spent.

...more at link
http://www.cfnews13.com/content/news/cf ... ns_at.html

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

If you go to the GZLegal site and click on the Defense Fund button they do a good job of accounting for the money raised/spent.

http://www.gzdefensefund.com/donate/ind ... been-spent

O'Mara: We've spent $300,000 on George Zimmerman and are desperate for more donations
By Rene Stutzman, Orlando Sentinel
January 31, 2013

Defense attorney Mark O'Mara today said that he and client George Zimmerman have spent their way through more than $300,000 in donations and are desperate for more funds.

"The case is out of money," he said.

Zimmerman's defense fund has raised $314,099.17, O'Mara disclosed, but its balance is currently less than $5,000.

The defense cannot finish preparing for trial, for example hire needed audio and gun experts and private investigators, without more cash, he said. He and Zimmerman need about $30,000 a month, according to his website.

O'Mara unveiled a revamped defense fund website today, explaining where all that money has gone.


...more at link
http://www.orlandosentinel.com/news/loc ... 5095.story

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

John Galt at CTH....

GZ v NBC

http://www.seminoleclerk.org/CivilDocke ... 12CA006178

Complaint filed 12/6/2012 No Answer filed.

No summons, waiver or return of service indicated in the docket.

Rules apparently provide 120 days after filing to serve the complaint.

http://phonl.com/fl_law/rules/frcp/frcp1070.htm

No updates on the website.

http://www.gzvnbc.com/

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

From GZ Legal Site

http://www.gzlegalcase.com/index.php/press-releases



Defendant's Motion to Continue

on 30 January 2013.

The following DEFENDANT'S MOTION TO CONTINUE has been filed with the Court, as well as two additional motions and an AMENDED NOTICE OF HEARING.

DEFENDANT'S MOTION TO CONTINUE
http://184.172.211.159/~gzdocs/document ... ntinue.pdf

DEFENDANT'S MOTION FOR SPECIFIC DISCOVERY FROM FLORIDA DEPARTMENT OF LAW ENFORCEMENT
http://184.172.211.159/~gzdocs/document ... y_fdle.pdf

MOTION FOR ORDER ISSUING SUBPOENA DUCES TECUM TO 7-ELEVEN,INC
http://184.172.211.159/~gzdocs/document ... a_7-11.pdf

AMENDED NOTICE OF HEARING
http://184.172.211.159/~gzdocs/document ... a_7-11.pdf

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

"nettles18" at CTH posted tweet.....

cell phone shenanigans

Motion Documents state (pages 8 and 9)The stuff from 26th Feb was not included in the comprehensive report on the phone that Defence now have. Supplied by CelleBrite.



And prior to that it is noted (page3) that there were shenanigans with the phone going of to places not clearly defined

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Go read this. Right now.

Read pp 7 - 9, "Trayvon Martin Cell Phone"

Money quote:


Florida has specific statutes regarding evidence tampering. One person or several persons have just been caught red-handed committing a third-degree felony:

_________________
"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

Firstly... how did you get text version from document? Did you type it out yourself?

How can this farce continue?

Why not change the Motion heading to "Motion to Dismiss" and attach a few arrest warrants?

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Zimmerman lawyer: Data from Martin's cell phone missing

Data from date of fatal shooting missing

UPDATED 6:57 PM EST Jan 30, 2013

SANFORD, Fla. —George Zimmerman's lawyer said in a motion released Wednesday that data from Trayvon Martin's cellphone on the day of his death is missing.

According to the motion, the phone was analyzed by a company in New Jersey to recover data at the beginning of January.

"While the analysis includes GPS location records for Mr. Martin's phone for all of the time that he was in the Sanford area, specifically absent is any such data for Feb. 26, 2012, the date of the event," the motion stated.

The motion also said there are missing entries regarding phone calls made to the phone or texts made on Feb. 26.

According to the motion, the phone had been previously analyzed by law enforcement.

A new photo of Martin was also released Wednesday that Martin's father provided to authorities in 2012 after his death.

Zimmerman-lawyer-Data-from-Martin-s-cell-phone-missing/-/14266478/18345086/-/doet2d/-/index.html#ixzz2JVYhSPYS

...more at link
http://www.wesh.com/news/central-florid ... index.html

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

I re-typed those two paragraphs. :)

If this is what it certainly appears to be, we are talking about prima facie evidence of malicious prosecution, by virtue of blatant evidence tampering.

I don't see how someone doesn't go to jail over this. I may be over-reacting, but this really is that serious.

_________________
"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

All that is needed to prove that evidence has been tampered with are the ping logs.

if the ping logs show that Martin's cell phone was pinging during a time period that the GPS, call log, and text data are "missing": case closed.

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"That the attacker sustained a mortal wound is a matter that should have been considered by the deceased before he committed himself to the task he undertook." - 5th DCA, Stinson v. State (Fl)

As my old Mate Waltherppk would say......

WHERE ARE THE DAMNED PING LOGS!!!

I have been saying this in support of him too.

My only previous experience of looking closely at evidence documents was the Anthony case. Complete ping log data came out as discovery early on.. no big deal to release the data.. but hours.. ney.... years of fun with spreadsheets and all.

Here with "Victim" suspect and Star witness all allegedly using phones right up to the incident... phone evidence is obviously an important factor. Ping logs should have been in early discovery??????

(Typing is NOT an option for me... too slow and too many typos)

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________

How odd is it that I get my wish granted just a few days later?

Deb, you should wish for the ping logs now!

_________________

They aren't lost, IMO, they are at the Prosecution's office. Just need GPS to get there. LOL.

I need to ask Diwata if he can text his wife a few times and see if she can erase that information from her home computer without having access to her phone.