Judge Nelson Rules that Jury in Zimmerman Murder Case May Consider Lesser Degree Manslaughter Charges
Breaking … This morning Judge Nelson ruled that the jury in the George Zimmerman murder case can consider the lesser charge of manslaughter. The defense had wanted the jury to only be told in the jury instruction that they were to determine second degree murder or acquittal. This just further proves that the prosecution did not in any way second degree murder and are now trying to get Zimmerman convicted on a lesser charge hoping that the jury provides a sympathy verdict. In the end, Seminole County Court Judge Debra Nelson said, “The court will give the instruction on manslaughter as a Category One.
George Zimmerman’s attorney strongly objected to a prosecution proposal that third-degree murder be included in the jury instructions.
Defense attorney Don West on Thursday called the proposal “outrageous,” given that it is premised on the idea that Zimmerman committed child abuse since 17-year-old Trayvon Martin was underage when he was fatally shot.
Judge Debra Nelson says she will rule on the proposal later. The judge, however, agreed with the prosecution that jurors could consider manslaughter as a lesser charge.
Sadly, it appears that this court is going to find a way to convict George Zimmerman by any means.
For more updates, read tweets, reason others comments and provide your own, go to Scared Monkeys Forum: George Zimmerman Trial.
Judge Debra S. Nelson Rules Two Prosecution Audio Experts Witnesses Will NOT Be Allowed to Testify in George Zimmerman Murder Trial
Prosecution audio expert witnesses denied …
Judge Debra S. Nelson has ruled that two prosecution audio experts will not be allowed to testify in the George Zimmerman second degree murder trial. Zimmerman is charged with the murder of 17 year old Trayvon Martin. This is a major blow to the prosecution’s case against Zimmerman. Prosecutors had looked for expert witnesses to identify the screams in the 911 tape, the night that Trayvon Martin was shot by Zimmerman, was that of Martin. As reported at the Miami Herald, the testimony of Tom Owen and Alan Reich, both of whom analyzed a 911 call by a neighbor that captured the sounds of the brawl, was key for the state because it could have painted Zimmerman as the aggressor. However, the defense had sought to prevent the prosecution experts from testifying, arguing that the science used to make such audio identifications was not reliable. In the end, the 911 tape will be allowed to be played at trial as well as the prosecution will be allowed to present any witnesses familiar with Martin’s voice to testify, but the audio experts are out. Previously, an FBI speech scientist, Dr. Hirotake Nakasone, a senior audio engineer, testified that current technology cannot categorically determine whether a voice heard on a 911 tape screaming for help moments before Trayvon Martin was killed was that of Martin or George Zimmerman, the man accused of murdering him.
The ruling by Judge Debra S. Nelson was released Saturday morning after hearings stretching over four days in her courtroom in Seminole County, Fla. The judge was asked to decide about background screams recorded on a 911 police tape and whether the voice could be identified.
The defense had sought to exclude the prosecution experts, arguing that the science used to make such audio identifications was not reliable. The expert testimony, identifying the voice and screams as Martin’s, would prejudice the jury against Zimmerman, defense attorneys argued.
The prosecution insisted the science was valid and that it was up to the jury to decide whose voice was heard screaming
In her ruling, Nelson held that the 911 tape could be played in court, but that prosecutors will not be allowed to use the audio experts to identify the screams in the background as the voice of Martin.
However, the prosecution will be allowed to present any witnesses familiar with Martin’s voice to testify, the judge stated.
Return of the Jedi …
California-based Tea Party group, the NorCal Tea Party Patriots, become the first to sue the IRS accusing the IRS of violating its constitutional rights due to the “intensive and intrusive scrutiny” it received while seeking tax-exempt status. Let the pigeons loose. Hopefully, this will be just the beginning of the law suits against the IRS that have admitted to targeting conservative and Tea Party groups. As reported at the Politico, the group alleges it applied for tax-exempt status in March 2010 but didn’t receive approval until Aug. 2 of last year. The lawsuit accuses the IRS of violating the First and Fifth amendments and seeks monetary damages.
A California-based Tea Party group sued the U.S. Internal Revenue Service on Monday in what marked the first lawsuit to stem from an investigation finding the agency singled-out conservative organizations.
In a lawsuit filed in U.S. District Court in Cincinnati, the NorCal Tea Party Patriots accused the IRS of violating its constitutional rights due to the “intensive and intrusive scrutiny” it received while seeking tax-exempt status.
The lawsuit sought class action status on behalf of all conservative and libertarian groups – such as those associated with the Tea Party movement – that were targeted by the IRS for extra scrutiny from March 2010 through the middle of this month. Tea Party groups call for reduced federal spending and taxation.
We are sure you were as disgusted as we were upon hearing the news of the top down abuse of power the IRS has aimed at Conservative groups. Today, we are on the precipice of something monumental to correct the balance of power. We are taking the fight directly to the IRS.
Like many of you, we know folks who have been subjected to harassment and abuse by the IRS as they tried to obtain their non-profit status. I have first-hand knowledge because the first tea party group that I was involved with was unfairly targeted.
We are not sitting back and waiting for Congress to fix things. Citizens for Self-Governance (CSG) decided to take matters into our own hands. We found the best lawyers in the country for aggressive litigation versus the federal government and, with our assistance, the NorCal Tea Party filed a class action suit against the IRS Monday in Ohio Federal Court.
Many other small grassroots organizations dedicated to liberty have been damaged or intimidated to the point of giving up, so CSG will provide the guidance and support needed to vindicate their rights in a direct legal battle with the IRS.
If you or someone you know has been harassed by the IRS and are interested in participating in the class action suit, let us know. You can send an inquiry by going to the website SueTheIRS.com. There’s no cost to you…because we are here to help you fight. (more)
Posted May 22, 2013 by Scared Monkeys
2012 Elections, 5th Amendment, Abuse of Power, Conspiracy, Corruption, Cover-Up, Crime, First Amendment, Government, Harassment - Bullying, IRS, IRS-gate, Judicial, Justice, Legal - Court Room - Trial, Obamanation, Scandal, US Constitution, We the People | no comments
OJ Simpson Heads to Court Monday Seeking “Hail Mary Motion,” a Writ of Habeas Corpus, Stating Bad Representation Should Reverse his Conviction and New Trial Ordered
He’s baaack, like a bad penny.
O.J. Simpson will return to court in Las Vegas, Nevada in and attempt to seek a “Hail Mary” motion, better known as a writ of Habeas Corpus. The motion claims that OJ had such bad representation during his first trial that his conviction should be reversed and a new trial ordered. In 2008 Simpson was convicted on armed robbery and kidnapping charges and sent to prison after “The Juice” participated in a bizarre hotel room robbery, claiming he was trying to get back personal memorabilia that he claimed was stolen from him. Simpson was found guilty as the “glove fit” this time and is presently serving 9 to 33 years for the crimes.
Simpson has filed 19 claims of ineffective counsel and attorney conflict of interest in the 2008 case. Simpson contends his trial attorney never told him about a plea bargain that had been offered by prosecutors. He also said in a sworn statement that the same attorney knew about the memorabilia sting before it happened, and “he advised me that I was within my legal rights.”
Simpson is expected to testify sometime during the week-long hearing.
Too bad this verdict did not happen in a Los Angles, CA court room
Most defendants lose these motions, but in this case nobody is taking bets on the outcome. When it comes to O.J Simpson, who knows?
Nothing is the same when O.J. is involved,” said Loyola Law School professor Laurie Levenson, who observed Simpson’s Los Angeles trial. “An O.J. case is never like any other case.”
Simpson was famously acquitted on murder charges related to the death of his ex-wife and her friend in a 1995 trial that captivated the nation. When he was sentenced in 2008, Clark County District Court Judge Jackie Glass, referencing the murder trial, said that her penalty was not intended as “retribution or any payback for anything else.”
Doesn’t OJ Simpson know, what happens in Vegas stays in Vegas? Including criminals found guilty. For some one who got away with murder, Simpson should count his lucky stars that he is still breathing and has a possibility of getting parole.
To go after the death penalty or not go after the death penalty, that is the question …
James Holmes, the gunman suspected of killing 12 people in the Colorado movie massacre will learn later today whether he will face the death penalty and execution for his crimes. Holmes’ defense attorneys had offered to plead guilty for meticulously planning and brutally executing a plan to attack a Colorado movie theater at midnight during a showing of the latest Batman movie. This pea deal would allow Holmes to live out his days in prison with no chance of parole instead of having him put to death. My person opinion is go for the death penalty … good riddance to bad rubbish.. It would be a terrible message to send out that one could go in a movie theatre, kill 12 people and wound several others and then live your life out in prison on the tax payers dime.
A decision on death or not? Heck, if it were up to me the only thought process would be to either bring back “Sparky” or see if I could not get a one time public stoning exemption for his crimes.
VIDEO – decision expected today.
After a week of legal twists and turns, James Holmes will find out Monday if he could face execution if convicted in the Colorado theater attack that killed 12 people.
Behind-the-scenes maneuvering erupted into a public quarrel between prosecutors and the defense over Holmes’ public offer to plead guilty, but the two sides could still come to an agreement that would spare Holmes’s life in exchange for spending the rest of his life in prison.
The Teflon Tot-mom to appear in Court …
Casey Anthony will come out of her hole Monday after a federal judge ordered her to appear in court. Anthony, the tot mom known for getting away with murder, will attend a bankruptcy hearing with her creditors Monday afternoon at 1:30 p.m. in Tampa, Florida. That’s because Monday’s hearing in Tampa is in the federal courthouse, and cameras of any kind are not yet allowed in federal court. Casey Anthony is claiming she only has about $1,000 in assets and $792,000 in liabilities. So what are the odds that the second that Casey is allowed to file bankruptcy that she signs a book or movie deal? Oh, that could never happen. Then again, we never thought that she would ever been found “not guilty as sin” in the death of little Caylee Anthony. This woman has skated every inch of the way, what is to prevent her this time?
Casey Anthony will be coming out of seclusion for a meeting with the creditors in her bankruptcy case in Tampa.
The bankruptcy meeting is taking place Monday.
Anthony filed for bankruptcy in Florida in late January, claiming about $1,000 in assets and $792,000 in liabilities. Court papers list Anthony as unemployed, with no recent income.
UPDATE I: Casey Anthony meets with creditors in Tampa to discuss her bankruptcy case.
Anthony filed for bankruptcy in Florida in late January, claiming about $1,000 in assets and $792,000 in liabilities. Court papers list Anthony as unemployed, with no recent income.
Her listed debts include $500,000 for attorney fees and costs for her criminal defense lawyer during the trial, Jose Baez; $145,660 for the Orange County Sheriff’s office for investigative fees and costs; $68,540 for the Internal Revenue Service for taxes, interest and penalties; and $61,505 for the Florida Department of Law Enforcement for court costs.
The filling also stated that she was a defendant in several lawsuits, including one brought by Zenaida Fernandez-Gonzalez for defamation in Orange County Circuit Court.
Oscar Pistorius Denies Murder in Killing of Girlfriend Reeva Steenkamp … “I fail to understand how I could be charged with murder, let alone premeditated”
This morning in a court room in Pretoria, South Africa, Oscar Pistorius, the double amputee Olympic track star, flatly stated that he did not kill his girlfriend Reeva Steenkamp. In an affidavit read by his defense attorney Barry Rou, it stated, “I fail to understand how I could be charged with murder, let alone premeditated.” “I had no intention to kill my girlfriend.” Pistorius denied that he intended to take her life when he opened fire at a closed bathroom door at his home last week. One has to ask the following question, did he ever ask, who was there? Who shoots indiscriminately at a closed, locked door when you knew your girlfriend was in the home? Judge Nair adjourned the case until Wednesday without ruling on whether the athlete would be granted bail.
Facing a charge of premeditated murder in the death of his girlfriend, Oscar Pistorius, the double amputee track star and one of the world’s best-known athletes, flatly denied on Tuesday that he intended to take her life when he opened fire at a closed bathroom door at his home last week.
His assertion contradicted an earlier accusation from the prosecutor, Gerrie Nel, that Mr. Pistorius committed premeditated murder when he rose from his bed, pulled on artificial legs, walked more than 20 feet from a bedroom and pumped four bullets into the door, three of which struck Reeva Steenkamp on the other side.
It was the first time that either the prosecution or Mr. Pistorius had publicly provided details of their radically divergent accounts of a killing that has shocked the nation and made news around the world.
However, the judge in the case, Chief Magistrate Desmond Nair, has sided with the prosecution and has determined that Oscar Pistorius will be charged with premeditated murder.
As his girlfriend, Reeva Steenkamp, cowered behind a locked door in a tiny bathroom, Oscar Pistorius strapped on his prosthetic legs, grabbed his pistol, strode seven yards to the door and fired through it four times, killing her, prosecutors alleged Tuesday as they laid out their case against the double-amputee Olympic runner in Pretoria Magistrate’s Court.
According to prosecutor Gerrie Nel, Pistorius’ actions amounted to premeditated murder.
In a major blow for Pistorius, Chief Magistrate Desmond Nair sided with the prosecution, ruling that for the purposes of the bail hearing the charge against Pistorius was premeditated murder, a decision that will make it difficult for him to be granted bail.
Tunisia Releases Benghazi Attack Suspect Ali Harzi for Lack of Evidense in the Death of Four Americans Including Ambassador Stevens
BENGHAZI JUSTICE … SO HOW’S THAT OBAMA PROMISE FOR JUSTICE GOING?
Ali Harzi, the lone suspect in the Benghazi Consulate terror attack that was responsible for the death of four Americans, including Ambassador Stevens, was released by Tunisia authorities for lack of evidence. According to his attorney, Harzi has been ordered to remain in Tunisia. As reported at the AP, rte release of Ali Harzi, a 26-year-old Tunisian, appears to represent a blow to the investigation of the Sept. 11 attack on the consulate in Libya. It would appear that neither Libya nor Obama wants to get to the truth as to what happened. Both just want this story to go away.
Tunisian authorities have unconditionally released the only suspect they held in custody over the deadly attack on the US consulate in the Libyan city of Benghazi, his lawyer says.
Anwar Oued-Ali said on Tuesday his client, Ali Harzi, was freed on Monday for lack of incriminating evidence but had to remain in the greater Tunis area in case the court needed him, according to the Associated Press.
The release of Harzi, a Tunisian, represents a blow to the investigation of the attack on the consulate, which killed the US ambassador and three other Americans.
The attack coincided with the 11th anniversary of 9/11 assault on the World Trade Centre in New York and the Pentagon.
The investigation in Libya itself has been hamstrung by the weak power of the central government in the face of the powerful militias, some of whom may have been involved in the attack.
So where is Barack Obama’s search for justice now?
JUSTICE FOR KATHLEEN …
A day after the defense and prosecution presented their closing arguments in the Drew Peterson murder trial, the case was given to the jury for deliberations. Former Bolingbrook police sergeant Peterson was charged with murder in the death of his third wife Kathleen Savio. The accidental drowning death of Savio in 2004 was later changed to a homicide after the disappearance and presumed death of Peterson’s fourth wife, Stacy Peterson. The prosecution alleges that the 58 year old Peterson murdered Savio and staged her death to look like an accident.
After hearing five weeks of evidence, the jury began deliberations at 10:37 a.m. ET Wednesday. Judge Edward Burmila read 15 minutes of instructions to the jurors, saying that they should start with the presumption that Peterson is innocent and only convict him if they find him guilty beyond a reasonable doubt, The Associated Press reported.
“The defendant is not required to prove his innocence,” Burmila told jurors.
The jurors made several requests in the first few hours, NBCChicago.com reported. They requested Peterson’s phone records from the weekend Savio died and autopsy photos of Savio’s body. They also wanted a letter written by Savio that described her fear that Peterson would kill her, but the judge only allowed them access to a heavily-redacted version. The jurors’ request for a transcript of the testimony from Rev. Neil Schori and attorney Harry Smith was denied by the judge, and instead the transcript was read back to them by a court reporter.
Its now up to the seven-man, five-woman jury to decide Drew Peterson’s fate. The jury in the Drew Peterson murder trial deliberated for more than eight hours Wednesday before a judge sent them home for the night.
Judge Kenneth Lester Jr. Out, Florida Appeals Court Orders New Judge for Zimmerman Murder Trial of Trayvon Martin
Circuit Judge Kenneth Lester Jr., is out …
An interesting situation just occurred in the George Zimmerman murder trial. A Florida appeals court granted Zimmerman’s attorneys request and ordered that a new judge be seated to preside over the Zimmerman murder trial in the death of Trayvon Mrtin. The 5th District Court of Appeal determined that Circuit Judge Kenneth Lester Jr. could not be impartial due to past actions and statements with regards to defendant George Zimmerman. Judge Lester wrote a scathing decision with regards to Zimmerman’s second bond hearing where Lester made the prejudicial comment that Zimmerman, “manipulating the system for his own benefit.” Mark O’Mara, the defense attorney for George Zimmerman previously filed a 17 page motion disqualifying Judge Lester from this case. O’Mara asserted that the judge and court “departed from its role as an impartial, objective minister of justice” and should therefore be removed from the case. It would seem that the appeals court has agreed. Lester is out.
A Florida appeals court has granted George Zimmerman’s request for a new judge to oversee his trial for second-degree murder in the Feb. 26 shooting death of Trayvon Martin, the Orlando Sentinel is reporting.
A three-judge panel of the 5th District Court of Appeal found that Circuit Judge Kenneth Lester Jr. cast doubt on his impartiality when he wrote in his July 5 order setting $1 million bail that Zimmerman showed “blatant disregard for the judicial system” and that he was “manipulating the system for his own benefit.”
I have to admit this decision came as a surprise, although it was the correct one. The Zimmerman-Martin case has been more political than it has been judicial since the outset. However, made this will be the sign that the murder trial will now be based on evidence and the rule of law rather than emotions, misrepresentations, media bias and those with an agenda fanning the flames of racism.