Judge Disallows Evidence in Zimmerman Trial Slated for June

May 28, 2013 at 3:35 PM 12 comments

June 10th marks the date the George Zimmerman trial is slated to start in Florida and the judge has disallowed certain evidence from being entered into the proceedings. According to one report, “lawyers can’t mention Trayvon’s school records, past fights, marijuana use, ownership of gold teeth, or any photos or text messages found on the teen’s cellphone.” That’s interesting, isn’t it?

They also cannot refer to Martin’s gold teeth, the fact that there are photos of him acting like a thug flipping off the camera, or that he defaced school buildings with “WTF” spray-painted in various places. It looks to me as though the judge doesn’t want anyone to think that Trayvon Martin actually was a thug, but like the media, is trying to scrub his character.

The judge also went so far as to disallow toxicology tests that indicated Martin had marijuana in his system on the night he was killed. Probably second-hand smoke.

Even with these limitations, the prosecution will have a difficult time proving 2nd degree murder. Lawyers will have to prove Zimmerman “acted according to a ‘depraved mind’ without regard for human life. It must defend against the claim that Zimmerman was justified in using deadly force to keep from being seriously injured or killed himself during the incident.”

By now, we are aware that Florida State Attorney Angela Corey insisted that “Martin was peacefully walking back to the townhouse where he was staying ‘when he was profiled by George Zimmerman’ and that ‘Martin was unarmed and was not committing a crime’.” Corey also claimed that Martin was basically stalked by Zimmerman.

Moreover, Corey claimed the following as part of her affidavit:

“Martin attempted to run home but was followed by Zimmerman who didn’t want the person he falsely assumed was going to commit a crime to get away before the police arrived….

Zimmerman confronted Martin and a struggle ensued….

Zimmerman shot Martin in the chest….

Assistant Medical Examiner Dr. Bao performed an autopsy and determined that Martin died from the gunshot wound.

The facts … are presented for the determination of Probable Cause for Second Degree Murder.”

The problem for Corey is – as one article notes – “most of these ‘facts’ have been soundly disproved as the details of what happened that night have come to light.” It should also be pointed out that Zimmerman took and passed a polygraph test regarding his version of the events.

Zimmerman, acting as a volunteer security guard, called 911 when he saw Martin appearing to walk aimlessly around the complex looking into various homes. Zimmerman left his vehicle and after returning to it, was then confronted by Martin. Martin was abusive and asked Zimmerman if he had a ******* problem. Zimmerman replied “No,” and Martin said, “Well, you do now.” He then knocked Zimmerman to the ground and punched him in the face, “breaking his nose and causing severe lacerations on the back of his head.”

We are well aware of how MSN doctored photos of Zimmerman and even edited the 911 tapes to make it appear as though Zimmerman hadn’t been hurt and was racially motivated against Martin. The mainstream media in general emphasized race by referring to Zimmerman as a “white/Hispanic.” Interestingly, they failed to point out Zimmerman’s Democrat connections.

It seems obvious based on the claims by others who are attorneys, that the prosecution has a large hill to climb, even with some of the evidence ruled inadmissible by the judge in this case. Alan Dershowitz took serious issue after reading the affidavit first presented by Angela Corey for 2nd degree murder. He stated then that there was nothing in the affidavit that supported the 2nd degree charge.

The Zimmerman/Martin tragedy became racial from the start and it still is that. If Zimmerman is found innocent, those who support Martin will believe racial injustice occurred in the courtroom. If it turns out that Zimmerman is found guilty, then these same people will speak about how the racial divide is possibly growing a bit less, but we still have a long way to go.

The issue here has nothing to do with race. The problem in America has to do with political correctness that has created a perceived racial divide by assigning “victimhood.” Because Martin is black, he is automatically seen as a victim. Because he is a victim, he deserves sympathy, and more chances than a white male would be given. This is due to what is called “critical race theory” that (though completely unproven) attempts to show white people enjoy something called “white privilege” by virtue of the fact that they are born into the world as whites. The only people who enjoy privilege are rich people, whether white, black, or something else. It does not automatically trickle down to the rest of us white folks (or blacks, etc.).

This is the same type of thinking that causes hearts to bleed for convicted murderers like Nathan Dunlap, but not for his victims. Dunlap is believed by some to be a victim of injustice (because he received the death penalty and is black). The fact that he shot and killed four people (and wounded a fifth) isn’t considered. PC thinking says that we should ignore the character of the person and merely focus on the color of his skin (in this case). “He’s black. Give him a break. Martin was being profiled by Zimmerman because of skin color.” That’s exactly what the judge in this case is doing by disallowing some of the evidence.

I hope that Zimmerman gets a fair trial and if he is truly guilty, then he should go to jail. If not, he should be found innocent and allowed to move on. Why do I think that neither the media nor the race-baiters will allow him to move on if found innocent?

Entry filed under: Life in America, Political Correctness, Politically Correct, Religious - Christian - Theology.

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12 Comments

  • 1. Sherry  |  May 30, 2013 at 12:47 PM

    The polygraph test proves nothing, really, and won’t be admissable in court. Many people have passed these tests with flying colors and yet were found guilty. These tests are just tools for an investigation.

    • 2. modres  |  May 30, 2013 at 2:18 PM

      I realize it’s not admissible in court. Just pointing it out.

      • 3. Sherry  |  May 30, 2013 at 2:39 PM

        I realized that after reading the linked to article. It was kind of silly of me to point this out to an educated man or a man who desires to educate himself such as you do.

      • 4. modres  |  May 30, 2013 at 2:47 PM

        No worries. We can always learn something new. I don’t know everything, although I’ve played a character on TV who does… 🙂

  • 5. Sherry  |  May 30, 2013 at 12:42 PM

    Legally, its not scrubbing the record to show that Trayvon wasn’t a thug. Here is an Orlando attorney who gets down to the legalese of the case ( he isn’t on anyone’s side in the case-he always made me mad with his explanations in the Casey Anthony case tho he was, ofcourse, the expert and right) :

    http://blog.richardhornsby.com/tag/george-zimmerman/

    I am surprised that the trace amount of marijauna in Trayvon’s system that night wasn’t allowed. Some evidence should to be allowed and ready at hand to bring up in case anyone wants to make out the character of George or Trayvon as good people. For example, if George is said to be of a calm temper by a witness then the evidence of his ex-wife’s beating or the cop beating could be brought up to impeach that witness.

    In the case of Trayvon’s prior bad acts it was most likely disallowed since George Zimmerman had no knowledge of such before he shot the kid. But, this is my guess, Hornsby will have the correct explanation on his Blawg shortly. I think he has a post on it already.

    I’m not sure how hard it will be to get a guilty verdict for 2nd degree murder but if I were to make a judgement on this with what I know so far I could hand down a guilty verdict. I pretty much think the case will have no legs for the defense once the jury hears that George Zimmerman had two opportunities to introduce himself to Trayvon but didn’t. Had he done that we might have seen a different outcome. Also, George’s mindset is clearly heard on the NE911 call when he said that “…these (bleepin’ bleeps) always get away.” Plus, there were too many inconsistancies between the first police interview and the re-enactment. In the re-enactment GZ even brings up things mentioned to him in the police interview-such as, “Did he call you Homey?” George says, no, but in the re-enactment he says Trayvon called him that.

    • 6. Sherry  |  May 30, 2013 at 1:02 PM

      Forgot to mention: GZ’s attorney knows that he’s cooked if it gets across to the jury that he didn’t introduce himself as Trayvon walked past his vehicle which is why he continues to tell the public that his case will begin at the time of the confrontation. O’Mara knows there’s no good answer by George, with a gun and in his vehicle while on the phone to NE911, as to why he didn’t roll down the window slightly and speak to Trayvon. Any reference to that fact, he will have to pooh-pooh like JayCarney at a Benghazi presser.

      • 7. modres  |  May 30, 2013 at 2:20 PM

        I guess you lost me here. So if someone is in my neighborhood and I’m on my lawn and their actions look suspicious to me, I’m obligated to introduce myself to them?

        We’ll have to see what happens.

      • 8. Sherry  |  May 30, 2013 at 2:44 PM

        I would think so if you are “on duty” as a NW. Witnesses have said that they were confronted by GZ when he was “on duty” and he had no problem introducing himself and asking them what they were doing (just visiting friends).

      • 9. modres  |  May 30, 2013 at 2:49 PM

        Oh, I see your point. I missed that the first go around. Right. If he WAS “on duty,” then yes, it would be natural for him to ask someone he had never seen in the community about his presence. Although maybe Zimmerman can’t walk and chew gun at the same time. You said he was on the phone with 911 and said he should have rolled down his window and talked to Martin. I don’t know…that sounds like a lot of multitasking if you ask me 🙂

        Seriously though, you make a good point.

      • 10. Sherry  |  May 30, 2013 at 3:08 PM

        Well, I dunno…you’ve got me thinking now…seriously 🙂

        (“chew gun”…hahaha)!

      • 11. modres  |  May 30, 2013 at 3:09 PM

        🙂

    • 12. modres  |  May 30, 2013 at 2:18 PM

      I was doing some more research on this and apparently, you cannot bring in evidence that attempts to prove a person’s negative character in situations like this. However, if the prosecution tries to provide positive aspects of Martin’s character, then the defense could urge the court to allow them to introduce evidence that would balance that out.

      As far as 2nd degree murder, I just recall Alan Dershowitz complaining really loudly about the affidavit because there was nothing in there (according to him) that proved 2nd degree murder.

      We’ll have to see how it pans out and one thing they are not talking about at all is the “Stand Your Ground” law that was in effect during the time of the shooting. That will definitely play a part.


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