Importan question..

Did Bernie in addition to the ME say dead men can't stand?

How can she deny this? MOM pointed out that other acquittals have had no where near as much reasonable doubt as this one, and he's right. So she will just blatantly go against these cases with even more reasonable doubt in hers?

3:45 p.m.
O’Mara cites the Jenkins case because the facts are close. A man confronts another man making noise outside. The noise making man punches

Jenkins, and then Jenkins stabbed the other man with a knife, killing him. He used self-defense.

O’Mara says Jon Good’s testimony would support that Martin was the aggressor in that he mounted Zimmerman and refused the suggestion of Good to stop and continued the attack.

He says the case should be dismisses presently at judgment of acquittal.

He says if the court doesn’t agree that the case has been proven and decides that does exclude possibility of his client’s innocence, he thinks the evidence supports that he should win.

O’Mara moves on to the issue of ill-will and spite.

3:39 p.m.
He says this is a textbook case, but wouldn’t make it because it is obvious that the inference of non-guilt is much stronger than any suggested inference of guilt.

The court should consider and decide that Zimmerman, through his statements and witnesses, presented a case of prima facie defense, O’Mara says.

He says the state hasn’t given direct evidence that Zimmerman followed Martin after being told not to by dispatch.

O’Mara mentions Bahadoor’s testimony that someone moved from left to right.

He says aside from that there is nothing to support Zimmerman re-engaged Martin.

O’Mara mentions Jenna Lauer’s testimony supporting what Zimmerman has said. He says Surdyka’s testimony and the Manalos’ testimony also supports it.

He says Mora even supports Zimmerman’s statement to Singleton and Serino that he moved Martin’s hands and Dr. Bao’s testimony supports that the body could’ve have moved.

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

3:53 p.m.
He says there’s no evidence to support he acted in ill-will, spite or hatred. He adds getting past the expletives, his interest in the community and the arrest of Emmanuel Burgess.

He mentions Judge Nelson was the sentencing judge in the Burgess case.

The other overriding necessity, O’Mara says, is the people know each other because ill-will, spite and hatred cannot be instantaneous.

He cites other cases he says were high-speed chase cases.

He cites another case where the defendant had a gun and the facts support he went and got it to arm himself after having an argument with two victims. He says the people attacked him and he shot and killed both of them.

O’Mara says that case showed an impulsive over reaction doesn’t show ill-will, spite or hatred.

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

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

Oh god, he comes that obnoxious Weasel Boy

Oh how fun: Mini-Me is giving the State's response to motion for JOA.

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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)

Mantei? What the H E double hockey sticks? Isn't BDLR the prosecutor?

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

Mini-Me: "pointing a gun at someone's heart and pulling the trigger is prima facie evidence of an act indifferent to human life, with a depraved mind"

Wrong, Mini-Me. That act evinced extreme difference toward human life: the life of the person being subjected to a forcible felony and reasonably fearing imminent risk of life or great bodily harm.

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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)

Maybe they're going for the sympathy route by putting the poor little weasel in front of Judge Nelson....

There was no evidence GZ grabbed TM. He is lying.

What dumb arguments the state is making. So the fact that he shot someone at all, even if in self defense shows that there is no other option than for the judge to drop his self defense hypothesis?

Mini-Me is begging the question.

The State has presented no evidence that Zimmerman pursued Martin, that Zimmerman confronted Martin, or that Zimmerman assaulted Martin. Thus, Mini-Me is arguing that facts not in evidence evince a depraved mind.

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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)

Didn't Nelson recently have a case of hers overturned or am I dreaming.

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

Oh my lord, this is embarrassing. This is all they have? Direct evidence of a depraved mind is that he wanted to become a US marshal and hunt fugitives? Direct evidence was that he pulled the trigger? MOM was right, they have no direct proof of a depraved mind (to the legal standard, not what BDLR wishes it were), the circumstantial evidence is specious at best. If she refuses the JOA, her reasoning will be convoluted at best.

Shouldn't Weasel Boy be presenting some legal precedences to back up his argument instead of BS comprised of speculation, conjecture, and innuendo????

Thanks for reposting, SheStone. Your husband made an understatement, imo.

Well done, Rumpole!

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All posts are my own opinion and do not necessarily reflect the views of Random Topics. Differences are allowed here.

I get the intense feeling that Mantai should be sentenced to 20 years to life!

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