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Joe Burbank / EPA file
George Zimmerman, right, with is attorney Mark O'Mara appears in front of Circuit Judge Kenneth R. Lester Jr. during a bond hearing at the Seminole County Criminal Justice Center in Sanford, Fla. on June 29, 2012.
George Zimmerman’s lawyer, Mark O’Mara, is pushing forward with his fight for a new judge to take over the case.
O’Mara announced Monday he will appeal the decision of Seminole County Circuit Court Judge Kenneth Lester Jr. to stay on the case in which Zimmerman faces a second-degree murder charge in the death of Trayvon Martin.
O’Mara filed a motion last month asking Lester to recuse himself, saying the defense had lost faith in the judge’s objectivity because Lester reset Zimmerman's bond after finding out how much money his online defense fund had actually raised.
Lester originally granted Zimmerman a $150,000 bond, but when prosecutors argued that Zimmerman and his wife misled the court about their financial state, he revoked the bond, accusing Zimmerman of getting ready to skip town with a cache of donations totaling about $130,000. Lester put Zimmerman back in jail for several weeks and then set a $1 million bond for Zimmerman, an amount that nearly wiped his defense fund.
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Lester ruled on Aug. 1 that he would not remove himself from the case because the defense motion asking him to step down was “legally insufficient.”
O’Mara had 30 days to file an appeal. Now O’Mara is asking the Fifth District Court of Appeal to reconsider Lester’s ruling. He filed a 27-page motion at the Daytona Beach courthouse Monday.
“We’re not going to take any chance of short-cutting my client’s constitutional rights,” O’Mara told reporters outside his office Monday.
O’Mara also discussed his recent announcement that the defense will seek a hearing under Florida’s controversial “stand your ground” law, telling reporters that he believes the facts of the case show that Zimmerman had no option but to shoot.
“Facts do not seem to support a stand your ground case,” O’Mara said. “I think the facts suggest in this case that what probably happened was my client was reacting to having his nose broken.”
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O’Mara also said that Zimmerman will seek permission from Lester – or, if his appeal succeeds, a new judge – to leave Seminole County because he is living in fear.
“He really has to live as a hermit, unfortunately,” O’Mara said.
Zimmerman, 28, is charged with second-degree murder in the death of 17-year-old Trayvon Martin, who was shot and killed while walking through a Sanford, Fla., neighborhood in February.
Zimmerman has pleaded not guilty, claiming self-defense.
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Leave a Comment:
If you're looking for Fruitcake Central, you've found it. Here "following" is construed as walking in a direction you're reasonably sure is different from the direction the "followed" is taking. Then we have the squirrelly notion that the suggestion of a civilian dispatcher can make lawful activity unlawful, followed by the claim that you can be guilty of murder if, by your lawful activity, you have provoked some "gangsta wannabe" thug into trying to beat you senseless. Enjoy.
You are very confused, archon41. Very. In fact, you appear to be as confused as Zimmerman in all the different accounts he has given.
Zimmerman himself admits, in several of his interviews and on the dispatch call as well, that he was "following" Trayvon Martin. Eats you alive, doesn't it? LOL
Sticks and stones may break my bones, but shills will never trouble me.
DOCJT
just think if zimmerman would have just met the police at the mailboxes like he said he would-- humm then he could not have went in the direction of someone who had not committed a criminal or a twin lakes violation thus when the police would have met zimmerman they would have reached the same conclusion and left a.s.a.p..
It is contemptibly dishonest to propose that Zimmerman is guilty as charged for simply remaining in the same general area where he had last seen Trayvon. It is an indirect admission that Trayvon, playing the "gangsta" wannabe, sought Zimmerman out and attacked him. Just one more in a series of resentful, "troubled" youths assaulting people to practice their "knockout punches."
ARCHON41
you do know that for the wannabe gangsta surely couldn't be that hard core if he is chit chatting with his girl friend in the rain.
and there is something wrong with your GENERAL area, the point is that zimmerman should have not been in the general area if he had decided it was more important to be in one spot for the police to find him where he said he would be which was at the mail boxes, then its not a general area its a specific point.
A good shill will at least be consistent, and clever enough not to lie about what he has previously put into the conversational record. If these shills are receiving more than a dime a word, they are grossly overpaid.
Looks like Zimmerman is the one without consistency and failure to realize all of his words were taped and would come back to bite him in his a$$. Too bad Zimmerman was not clever enough to come up with a believable lie and stick to it.
Zimmerman was already out of the car following Martin while on the phone with the dispatcher so he would already have been in Martin's vicinity when began to walk back to his car. If Zimmerman dropped his keys it means he had them in his hands intending to get back into his vehicle.
His father's girlfriend's apartment is at the opposite end with the back entrance behind it. Martin didn't go that far. He was as far as the tree in front of the second condo.
Better look at the map again, listen to the non emergency police call....AND use your thinking CAP!
All the action took place AT the clubhouse during the call....GZ moved from clubhouse AFTER he hung up from police.
GZ changed location the NEXT day during the reenactment video.
http://www.youtube.com/watch?v=uHyIpO43NRg&feature=iv&annotation_id=annotation_709207
Of course if you believe anything coming out of GZ's mouth...then you are right.....lol, it happened just like you said!
Jo An,
Exactly!!!
During the re-enactment Zimmerman completely contradicts everything he told the officers in those initial recorded interviews and he completely contradicts what we hear on that dispatch call because he knew that his actions, "continuing to pursue Martin to the back of those homes and down the in-between" after hanging up the phone, would prove that he was intent on not "letting this one "get away!"
Martin was an innocent unarmed 17 year old trying to flee from his aggressive and threatening behavior!
"Chatting with his girl friend in the rain"--that's rich. Is anyone so simple as to believe the prosecution is going to argue Dee Dee's version of events to the jury? Team Crump has already "dumped" her. Having provided the "missing link" for the probable cause determination, she has served her purpose. She is now a millstone around the prosecution's neck. They can't reconcile her tale with the physical evidence, and you can bet O'Mara is going to get to the bottom of whether there are any "assisted memory" issues here.
The evidence would be the phone records. The defense might have already deposed her and questioned her about her conversations with Crump, Tracey Martin and Sybrina Fulton. I've heard she also provided a media interview with Crump present. The statements might conflict.
According to the time line, she certainly has a better match with her account than Zimmerman does. Looks like she is far more credible than he.
Carmen, I'm quite positive O'Mara hasn't taken her deposition. There was an interview of some sort by Crump, part of it aired on tv, and then the interview by Bernie de la Rionda, at which I hear Crump was present. I don't doubt she may have been on the phone with Martin part of the time. I don't believe Martin would have approached Zimmerman, however, engaged in chit-chat with her. I have always thought her tale questionable. It is hard to imagine how Martin could have been "right by his father house" and then, a "couple of minutes" later, again being pursued. I don't believe this narrative can be made consistent with evidence showing the struggle began at the top of the "T," that being Zimmerman's dropped flashlight/keychain and John, Witness #6. Then there is the difficulty of trying to explain her near 3 week period of "lockjaw," after learning that the "creepy," "crazy" stranger who had pursued Trayvon had apparently murdered him. Crump's partner, Daryl Parks, was pressed quite vigorously by Hannity the other night about how events unfolded that evening, and he did not mention Dee Dee. This seems quite inexplicable, in view of the media sensation he and his partner created with her a while back. I surmise they have concluded her credibility "issues" can't be finessed. You hardly ever hear mention of her by Zimmerman's accusers anymore, the new and improved mantra being Trayvon was "standing his ground." I seem to recall O'Mara saying he would notice Dee Dee for her deposition after taking the depositions of the personnel first to arrive at the scene.
First, O'Mara hasen't deposed anyone yet!
Second,
DUH...Martin NEVER approached Zimmerman...THAT is the POINT!
Third, Of course they will use Dee Dee, AND her phone records! They are key to the entire case!
Fourth, Obviously, you haven't even looked at the evidence, with a statement like this:
Take a look at the map...compared to 7/11, he was "almost home"...
Turn off FAUX, your brain is rotting.
archon41
You don't know what O'Mara has yet done, he hasn't provided reciprocal discovery yet. He'd likely begin with the most important supposed witness' (witness #6, the girlfriend and the one cited by Inspector Gilbreath. She did provide an official statement to law enforcement 5 weeks after the incident.
Only fools will listen to Crump. He's lied about this case from the beginning. He's not entitled to any of the discovery other than what's been provided thru the media. He's a special form of vigilante.
Satisfy my curiosity about something: Just how does our "cultural elite" pronounce "Faux"?
I surmise the lexicon of Humpty Dumpty, who insists that words mean just what he intends they should, has again been pressed into use for the proposition that "right by" means within 80 yards of.
Some members of Team Trayvon obviously didn't get the memo. Members of the "A Team" refuse to discuss her.
Archon, your attempt to sound intelligent through the use of words you quite obviously don't understand and continually use incorrectly simply re-inforces the picture you are portraying of being insufferable, undereducated, narcissistic, and overly impressed with your cognitive capabilities.
First of all, if you mean dictionary, say dictionary. Lexicon is a term used by linguists, and you quite obviously, are not a linquist.
Secondly, it was not Humpty Dumpty who insisted that words mean what ever he want them to; it was the Mad Hatter.
Thirdly, your use of "proposition" is grammatically, syntactically, and contextually incorrect.
Fourthly, stop ending your sentences with a preposition. Surely someone who pulls words out of their rear end such as lexicon knows better. That is 4th grade grammar.
And finally, write with clarity. You must refer to someone by name before you can use the pronoun "her" in reference. The pronoun "her" is a substitution for the proper name already used.
DOCJT
one thing my momma always said is that everyone is good at something, and when you not as good at something and you notice they are, then a smart person listens and learns.
its clear that kpm and carmen and misty and archon 41 DONT GET THAT and thus we all started out with patience and hope that they would be able to see that our replys is information they could have obtained themselves, but with there limited scope of mentality to absorb anything past there egos, has allowed them to have failed miserably.
thus your 66.2. post makes it clear to me, that its time to let they ship sink!!
and so add in the queen song>> another one bits the dust <<<lol lol just 3 or 4 on here though!
http://www.youtube.com/watch?v=rY0WxgSXdEE
great post!
DANG DOC! OUCH! Archon, I bet you went and sat your butt DOWN!!!!
Achon i really Thurston Howell the 3rd! I do say sir! Pass the Grey Pupon! Please tell me why the ME report states there is no blood evidence on Trayvon's hands yet Zimmerman's head was 45% covered in blood??
Archon is really Thurston Howell the 3rd. Just got new progressive lenses today, a lot of getting used to.
"her" = Dee Dee
"When I use a word," Humpty Dumpty said, in a rather scornful tone, "it means just what I choose it to mean -- neither more nor less."
If there's anything worse than a shill, it's a pretentious shill.
I assume you got the memo.
Are you using smoking the same hashish Lewis Carroll was smoking, archon?
And yes, you are a pretentious shill, or to put in more readily understood language, a stooge with an over inflated ego.
This your freshman year in college, archon? Let me clue you into something...professors absolutely hate arrogant, ignorant little twerps like you. You disrupt the educational process for those that truly want to learn.
And, you have used quotation marks incorrectly, Einstein. That whole sentence is a quote. Therefore, you should have written, " 'When I use a word,' Humpty Dumpty said, in a rather scornful tone, 'it means just what I choose it to mean--neither more nor less.' "
You do understand what a quote within a quote is don't you, oh one of superior knowledge and intellect?
You also forgot to cite your source for that quote. Simply putting it in quotation marks is not enough to avoid plaigarism. You have to credit the original source. I wouldn't make that mistake in any papers you hand in for your introductory courses, archon. It will get you thrown out of school for academic dishonesty.
I'm going to take this smoke screen of equivocation as an admission that Dee Dee is now "off limits."
People like cifromMN. People like don't learn from people who know more than them. They resent it, revert to the school yard.
Of course posters like cifromMN have made no reference to "discovery" provided. They've made no reference to the actual police reports. They know nothing about Florida statute or the law.
They only read that which confirms their bias.
CARMEN
do you even know what discovery is?
have you not read the Florida murder statute yourself-- it has everything to do with WHO is responsible for the death of another - YOU FOOL not how someone died.
thus zimmerman needs to provide a defense that shows that he did not kill martin with out cause and based on what he has lied about-- there is not much reason for martin to have ended up dead when zimmerman left a place of safety and because he had no proof to verify his suspicions of martin!!NONE!
Well tell us cjfrommn, how do you verify a suspicion?
KPM58
you verify suspicion by being able to produce a fact that you witnessed that leads others to believe your fact is reasonable enough to take action, either by citizens complaint or by documentable evidence for later proceedings.
You mean you have to watch and possibly follow to gather the facts.
KPM58
No dippy, you have facts that you are willing to testify to in a court of law that comes from what you witnessed not what you hoped would happen while following someone.
Don't you have to watch someone and possibly follow them to see what they are doing if you are going to tesify under oath in court about what someone did?
" because they don't want to get caught. That's why she ran"........is that why TM ran? Your facts not mine cj.
KPM58
its very clear you don't get this suspicion stuff or your just being dumb because you can.
the factor that has been provided is that zimmermans actions HE states was based on his suspicion of previous burglaries.
but yet zimmerman didnt call to say he say martin do anything
zimmerman didnt follow martin because he did anything
and in those two facts many people know that zimmerman has no grounds to follow martin.
like i have pointed out to you-- what would the police had done when then arrived if martin wasnt dead.
they would have told zimmerman to follow up with his association because they dont have the power or right to interact with martin.
You did not answer any question I asked, you changed the subject. You can't answer the questions because it would turn all reasoning to crap. All you have and it's all you truely believe, is that GZ shot TM because he was black. Well grow up.Throw that crutch away. Free yourself from your racism. A wise man said, it's not about color it's about behavior. And you know what your behavior makes you look like.
KPM
hey dipsh-t there is nothing on any posts about african nations, so what your beef is i HAVE NO IDEA,
if you trying to ask my why i defend black people is because i have seen enough in my life time to know that there are enough black folks that do good everyday, and that news doesnt travel as fast as the bad news, for those who need it to keep there racist mentality alive and feed.
on that note-- you should also know that i know about those white folks who have no idea why they are so intimadated by black folks but always seem to want to use that to react to us.
in the end, its all a matter of perception, and mine always has to do with looking for the good even in situations that appear bad.
kinda like you-- i choose to respond to you cause i can-- not because your worth it in anyway.
like i said, your that type of person that cant help themselves when seeking attention because you clearly have proven you have no substance to display.
You just proved my point. You don't realize it, but you did.
KPM58
what i proved is that your a silly juvenile mentality type person that exist only when payed attention, so i am sure you wont like it when it stops.
how sad for you to be the way you appear on these post, always with a smart ass comment never anything when someone can tell you used an ounce of brain power.
sad indeed, good luck with it.
Ah, don't run away. You might fall and hurt yourself.
Seriously you don't know why white people are intimidated by black people, Maybe because black people are always using race as an excuse for everything. They get treated bad, the get racial profiled. they can stop all that now they have a half black president. I mean maybe whites wouldn't be so scared if blacks weren't always waving gang symbols and carrying guns everywhere. If your so smart then you would know the biggest crimes come from black people. There are more Black on black crime then any other race. So if black people act like gangsters, and thugs. of course white people are gonna be scared. black people made this shooting about race from the beginning saying Whites hate blacks too bad GZ is only half white. Not everything in the world is about race.
Donna this has nothing to do with Black on Black crime. White people killing white people or white women killing white babies or white men killing white women or white men bringing guns into movie theaters and killing other white people etc. This has to do with G zimmerman killing a Black child in cold blood and walking away free of charges for 44 odd days.
Donna
off topic but I was wondering what are your robes made of ? Are they light cotton or a poly blend? Do you guys have winter and summer weight robes? And are they machine washable or do send them out to be dry cleaned?
DONNA
Well this is not about the gang members or the blacks that you walk by that make you feel nervous but about the choice of one man to decided his mentality had to be filled up and so he found a black kid that he wanted to punk and under estimated him.
the funny thing is that there are over 235 townhouses in that complex at the retreat at twin lakes so how many white kids did he follow at 7pm when they put there hoodies up?
sheeesh if you cant see it, thats too bad for you!!
@incurhoods OH HAHA you said the same joke twice. It was almost so funny I forgot to laugh. As for White people killing babies. Dude Black people are more known for Killing their babies after birth than any race. Or for getting them Addicted to crack, and blaming white people for it. You obviously don't know my race or wouldn't make comments about the KKK don't work dude. But i can be racist too, did you eat some fried chicken and watermelon before you came up that joke. or is it because your people are treated so bad due to white folks.. LMFAO Get off your high horse your an idiot and obviously , your the racist.
Looks like they've retreated to Land Leatherloon.
ggg
Frank Taaffee lost his son tragically in an early morning car accident. Sad he was only 31 and a veteran, a marine.
I guess we will se what happens.
Wonder if Georgie will ask for a new God when it comes time for his final judgement.
SeeI told you George would get a new judge, the appeals court knows the law even if the judge didn't
DONNA
you dont know it wasn't about the laws you goof it was about the ability of the judge to appear to be impartial based on his comments to Zimmerman-- not about the law-- this comment of yours shows how MUCH YOUR NOT PAYING ATTENTION.
Which is not necessarily a good thing either because now the new judge wont tolerate any defense motions that put the court into any negative light and thus the rope will tighten on any legal maneuvers zimmermans defense team makes.