George Zimmerman’s Attorney Mark O’Mara Files Motion to Disqualify Judge Kenneth Lester in Murder Trial of Trayvon Martin

George Zimmerman’s attorney files motion to disqualify judge citing that his client cannot get a fair trail …

Mark O’Mara, the defense attorney for George Zimmerman filed a 17 page motion on Friday with the Seminole County Circuit Court to have Judge Kenneth Lester disqualified from the trial. The defense is looking to have Judge Lester removed from the second degree murder trail of Trayvon Martin citing his fear that he will not be given a fair trial. O’Mara questions the “impartiality” of the judge in the trial and going forward. Heck, if there was impartiality Zimmerman would not have been arrested or indicted.

Impartial? Can Judge Lester preside over a fair trial?

The entire motion can be read HERE (pdf).

The motion also said the court is not weighing any evidence of Zimmerman’s innocence in the case when determining bond, other than to say “the only issue is the viability of the defendant’s self-defense/Stand Your Ground claim.” However, they also accuse the judge of not discussing that issue either.

The motion also said:

“The court departed from its role as an impartial, objective minister of justice when it stated on two occasions in its order that in the court’s personal opinion there is probable cause to believe that the defendant committed a violation of Florida Statute 903.035(3), a third degree felony punishable by five years in prison. This is tantamount to instructing the state that Mr. Zimmerman should be prosecuted for this offense.”

Attorney O’Mara’s  motion stated that the judge’s comments during the second bond hearing for George Zimmerman were so over the top, bias, self-serving manipulations, gratuitous and disparaging remarks about Mr. Zimmerman’s character that he, judge Lester, could not sit on the bench in this murder trial with impartiality.

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Circuit Judge Kenneth Lester Jr. Sets New George Zimmerman Bond at $1 Million … Makes Rather Personal Opinions During Ruling

Once again George Zimmerman, the neighborhood watch individual who has been charged with second degree murder of Trayvon Martin has been granted bond again.

Circuit Court Judge Kenneth Lester Jr. set bond today for George Zimmerman for $1 million. Wow, $1 million is rather steep as compared to the initial bond that was provided. The judge deemed Zimmerman a flight risk. According to Zimmerman’s attorney, they have enough in Zimmerman’s legal defense fund to put up 10% of the bond for George Zimmerman’s release.

Zimmerman’s Bond … One Million Dollars!!!

A judge Thursday ordered George Zimmerman, the Neighborhood Watch volunteer who shot and killed Trayvon Martin, released on $1 million bail but called the defendant a manipulator and said it appeared he had been preparing to flee the country.

It was not clear how long it would take the 28-year-old Zimmerman to arrange his release. It could be soon.

He has enough money. In a blog post Thursday evening, defense attorney Mark O’Mara wrote that he would be working to free Zimmerman over the next several hours and would dip deeply into a legal defense fund that has a balance of $211,000, more than enough to cover the 10-percent non-refundable portion charged by most bonding companies.

However, to hear this judge talk I really have to wonder just how fair a trial that Zimmerman is going to receive. Does this judge have a built in prejudice against Zimmerman because of the misrepresentation that he an his wife did with regards to their funds in the first bond hearing?

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George Zimmerman Could Be Release from Jail This Weekend … Zimmerman not a flight risk and believed he posed no threat to his community

It is being reported that after George Zimmerman, the man who is accused of second degree murder in the death of 17 year old Trayvon Martin, could be released from jail as early as this weekend. Yesterday, George Zimmerman’s bail was set at $150,000 after Judge Kenneth Lester was persuaded he [Zimmerman] was not a flight risk and believed he posed no threat to his community.

George Zimmerman was granted bond of $150,000 Friday in the death of Trayvon Martin. Zimmerman is charged with second degree murder.

Zimmerman was granted bond at a hearing Friday because Seminole County Circuit Court Judge Kenneth Lester was persuaded he was not a flight risk and, despite Zimmerman’s killing of Martin, believed he posed no threat to his community.

Lawyers were working out the conditions and security restrictions of Zimmerman’s release Saturday, as well as the precautions for his safety. It’s possible he could stay outside Florida while awaiting trial. And it’s all but certain his location will be kept secret.

He’s expected to post bond and leave jail sometime this weekend.

Who finds it rather peculiar that the judge granted bail believing that Zimmerman was not a flight risk or posed a threat to his community even though he is being accused of second degree murder and the prosecution is claiming he did pose a threat as George Zimmerman shot and killed Trayvon Martin? Although, if Zimmerman is released on bail, protecting his safety more be more of a concern than Zimmerman being a flight risk or threat to the community with the NBBP having a bounty on his head. It would be hard to believe if released Zimmerman would would remain in Florida, as his attorneys fear for his safety there.

Once Zimmerman is released … Get him out of Florida, keep him from going out in public and never leave him alone.

Harvard Law Prof. Alan Dershowitz Says Zimmerman Arrest Affidavit in Death of Trayvon Martin is ‘Irresponsible & Unethical’

Well this is rather interesting, during an interview on MSNBC’s Hardball with fill-in host Michel Smerconish, Harvard University law professor Alan Dershowitz told MSNBC that the Zimmerman affidavit was irresponsible and unethical. So will justice really be served or is the prosecution of George Zimmerman in the death of Trayvon Martin simply political?

Alan Dershowitz went on to say that the arrest affidavit was thin and that it would not suffice. Dershowitz went on to say, “There’s simply nothing in there that would justify second degree murder.” The famed Harvard law prof went on to further criticize special prosecutor Angela Corey decision to move forward on the case against Zimmerman and accused Corey of making a political reelection speech as well as overcharging Zimmerman.

Dershowitz most telling comment was that if there is no stranger evidence than what appeared in the probable cause affidavit, “the case will result in an acquittal.”

From Mediaite:

Harvard University law professor Alan Dershowitz appeared on MSNBC’s Hardball where fill-in host Michel Smerconish asked him his opinions of the arrest warrant issued and carried out for alleged Trayvon Martin murderer, George Zimmerman. Dershowitz called the affidavit justifying Zimmerman’s arrest “not only thin, it’s irresponsible.” He went on to criticize the decision to charge Zimmerman for second degree murder by special prosecutor Angela Corey as being politically motivated.

“You’ve seen the affidavit of probable cause. What do you make of it,” Smerconish asked. “It won’t suffice,” Dershowitz replied without hesitation.

“Most affidavits of probable cause are very thin. This is so thin that it won’t make it past a judge on a second degree murder charge,” Dershowitz said. “There’s simply nothing in there that would justify second degree murder.”

Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. “It’s not only thin, it’s irresponsible,” said Dershowitz.

Dershowitz went on to strongly criticize Corey’s decision to move forward with the case against Zimmerman. “I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged. This case will not – if the evidence is no stronger than what appears in the probable cause affidavit – this case will result in an acquittal.”

Andrew C. McCarthy at NRO’s ‘The Corner’ also finds the affidavit is stunningly weak and wanting.

Read the Affidavit of Probable Cause HERE.

Much more regarding the weak affidavit from Powerline. The question remains, how can such a weak affidavit and the fact that there is little evidence that Zimmerman profiled Trayvon Martin, let alone no one knows, including the prosecutor who started the fight, how does this merit second degree murder? Is this an attempt by the prosecutor to overcharge in an effort to have Zimmerman cop to a lesser charge of manslaughter? However, as stated at Powerline. “But if the prosecutor isn’t even prepared to allege, let alone prove, that it was Zimmerman, not Martin, who started the fight, one wonders what chance she has of convicting Zimmerman of anything”. Agreed.

Laurence Tribe, Harvard Law Professor, Constitutional Law Scholar & President Barack Obama Mentor Says That Obama Misspoke Regarding Comments About SCOTUS

Another bad day for Obama and his “judicial activism” comments … Yet another Obama “Lost in Smallness” moment.

President Barack Obama is going to rue the day when he made the ridiculous comments and vale threats to the Supreme Court Justices regarding “judicial activism” and Obamacare.  Emperor Obama actually questioned how an “unelected group of people” could overturn a law approved by Congress.

“I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”

How bad of a comment was this by Obama, even his former mentor, Harvard Law professor and Constitutional Law scholar Laurence Tribe was forced to say that Obama misspoke. Wow, if Tribe thinks that Obama was one of his best students, I hate to see the not-so good ones who have no concept of “judicial review” and Murbury v. Madison. Or is it just Obama that likes to mislead “We the People”?

Constitutional law scholar Laurence Tribe, a Harvard Law School professor and former mentor to President Barack Obama, said the president “obviously misspoke” earlier this week when he made comments about the Supreme Court possibly overturning the health-care law.

Mr. Tribe, who calls the president was one of his best students, said in an interview: “He didn’t say what he meant…and having said that, in order to avoid misleading anyone, he had to clarify it.”

Mr. Tribe said he saw no reason for the president to express his views on the matter, because everyone already knows he wants the case upheld.

“I don’t think anything was gained by his making these comments and I don’t think any harm was done,” Mr. Tribe said, “except by public confusion.”

You don’t think any harm was done, really? If Tribe really thought that no harm was done to Obama and Obama’s credibility he would not be commenting on The One’s misspeak and comment that Obama made was misleading people. This is hardly a ringing Obama endorsement when he has to be bailed out for looking and talking like gaffe prone VOP Joe Biden.

Obama not only had Tribe say he misspoke, but also got spanked by the U.S. Court of Appeals for the 5th Circuit, regarding Obama’s comments. Attorney General Eric Holder says he’ll comply with a federal judge’s request to type three single-spaced pages recognizing the authority of the federal courts to strike down laws passed by Congress. While Tribe said that Obama misspoke, Obama minion Eric Holder, actually defended Obama’s comments as appropriate. We can see why so many have called for Holder to resign.

Attorney General Eric Holder defended Obama’s comments today, calling them “appropriate” when he was asked by reporters if he’ll respond to the request for a written explanation by Judge Jerry Smith, a Reagan appointee on the appeals court.

Then there was White House Press Secretary and Obama minion mouth piece Jay Carney further exacerbating the Obama screw up by trying to defend Obama’s actions and words. Could these people torture the English language anymore? Next thing they will be telling us it all depends on what is, is.