17 yo Trayvon Martin Shot to Death by Neighborhood Watch Captain #27

[Dr.Fessel]

In the police report Officer Smith says he heard Zimmerman say he shot the subject.

heard him say.....hearsay

It will be allowed in court because both parties are there.

 

[m00c0w]

Right, the hearsay that is usually not allowed is where the person who said something or the person who heard something can not be called to the stand because they are dead or out of the country or something.

As long as the person who said it and the person who heard it are both in court and can take the stand they let it in.

In the form you're talking about, the hearsay has to impeach the other side. For instance, Zimmerman couldn't call on the police to testify as to what he said that night in support of his own claims, but the prosecution could call on the police to impeach Zimmerman's claims.

(Reason 1 why you shouldn't talk to police)

 

[Nova]

Why in the world would they have to testify? They were not there. That makes no sense whatsoever.

In the post that Adrienne cites, Mr. Hornsby says GZ's statements to friends and family will be admissible. So I assume they will be covered by one of the various hearsay exceptions, but I don't know which ones.

If the statements are deemed incriminating, I think they are "statements against interest" or words to that effect. But I don't know what exception covers statements that are exculpatory.

gitana1?

 

[m00c0w]

In the police report Officer Smith says he heard Zimmerman say he shot the subject.

heard him say.....hearsay

It will be allowed in court because both parties are there.

It's really not as simple as that.

 

[Phoenixfla]

The amount of 911 calls he has made is disturbing. He is an individual that either has the worst luck and trouble always seems to find him......or hes always looking for trouble. imo his behavior is very disturbing.

.....or he is trying to reduce the rate of crime in his neighborhood.

 

[Aedrys]

I heard them kicking around some numbers could be as little as 10% of $250,000...with a house arrest...I hope not..

That he could have a good argument for not being a flight risk since he did turn himself in...LE knew he was out of state and still he came back on his own, that's one in his favor..I hope not again.:maddening:

He needs a safe house..I don't want anything to happen to him until he goes to trial..I want to see him squirm his way out...he's got some excited utterances that that he can't explain away...KWIM?

He needs to stay in jail where he can be protected. I don't get it. MOM seems so excited that he might be released tomorrow. Hello, doesn't he think people will be waiting for GZ's release? I mean, my gosh, just tell everyone that it's most likely that GZ will be released over and over. Good Lord, he's inviting a mob to show up!

MOM really needs to stay out of the news. Seriously. This case is so heated, it is not the time to go Baez and talk as much as possible to the media. He is going about this all wrong. GZ is not safe on the outside. I don't care how many safe houses MOM says he has. GZ gets out, it will be a miracle if he makes it to trial. I don't think MOM realizes the severity and intensity of this case. GZ getting out and GZ wanting to meet with Trayvon's parents? MOM needs to rein this in and just be his defense lawyer. It's too late for apologies, too late to make GZ look good anymore. I'm starting to wonder just competent MOM is. He really worries me.

 

[Nova]

What would I have Mr. O'Mara do? Stay off of every TV program out there. He worries about his client getting a fair trial yet he's contributing to that as well. You don't see the prosecutors out there at every opportunity. I can understand damage control to a certain point but whatever happened to trying a case in the courtroom where it belongs? How you can claim that you want all the records sealed yet go on national TV repeatedly? It doesn't make any sense to me. Don't get wrong, I happen to like Mr. O'Mara a lot and I'm very glad that Zimmerman has him because Lord knows I want him to have a fair trial but it's just very contradictory to ask for records to be sealed when you won't stay off the TV.


~jmo~

Mr. O'Mara doesn't rule the world. I suspect he would very much like to proceed as you suggest. But that just isn't realistic in our 24/7 news cycle world.

And as I said above, every time O'Mara goes on TV, that's face time he takes away from Taaefe or one of the Zimmermans.

 

[RANCH]

does anyone have a quick link to gz domestic violence reports. tia

I'm not sure what you mean by "reports". Police reports? The only article I have bookmarked is from the Orlando Sentinel. They are now a pay site and I can't link it for you. Sorry.

 

[m00c0w]

In the post that Adrienne cites, Mr. Hornsby says GZ's statements to friends and family will be admissible. So I assume they will be covered by one of the various hearsay exceptions, but I don't know which ones.

If the statements are deemed incriminating, I think they are "statements against penal interest" or words to that effect. But I don't know what exception covers statements that are esculpatory.

gitana1?

It wouldn't be exculpatory statements that would be exempted; it would be party admissions that impeach their own testimony. If Taaffe says Zimmerman told him something contrary to what he told police, Taaffe could be used as a witness to impeach Zimmerman's own testimony. The thought is that since Zimmerman said it, he can't really contest the validity of his own statements.

 

[rhornsby]

In the post that Adrienne cites, Mr. Hornsby says GZ's statements to friends and family will be admissible. So I assume they will be covered by one of the various hearsay exceptions, but I don't know which ones.

If the statements are deemed incriminating, I think they are "statements against penal interest" or words to that effect. But I don't know what exception covers statements that are esculpatory.

gitana1?

George Zimmerman can be impeached with any statements that contradict a statement he says in trial. Which is why any person he has told the story to could be deposed. If they reveal that they were told contradictory or incriminating statements by GZ, they could be called by the State as impeachment witnesses.

 

[Nova]

This. Generally, you can make arrangements to walk if you're only missing a couple of credits (especially if it was because of a failure the semester of graduation and you've already paid for and arranged everything). The student will walk, but will finish up what they owe the next term.

Exactly. Because most colleges make a big fuss at the Spring ceremony, but not after every term.

Of course if you go ahead and walk, and then get a job that doesn't require a degree, it's easy to procrastinate and never get around to actually finishing until you need that degree for a job.

***

In general, I think GZ's actions, conversation with the dispatcher and reported explanations for the shooting are damning enough. I don't think we have to go back through his life and demonize him at every turn.

(This last isn't directed at you, M00c0w. Obviously.)

 

[rhornsby]

I do not see any comparison between Baez and O.Mara. IMO. Baez was a blowhard, an inexperienced, egotistical ambulance chaser, with zero credibility.
O'Mara is President of the local Bar association, and I don't think Baez was even a member of the bar association, IIRC.

O'Mara is soft-spoken and careful with his words, and has an excellent reputation with both sides of the system.

Mark is the man.

 

[Nova]

Let's say George is in jail and he tells an inmate he planned days in advance to kill Trayvon. The snitch goes and makes a deal with the SA to testify against George.

Now if George's family or friends get on TV and say well George told me this or that then just like the snitch the SA can call them to the stand and ask them about the things they said George told them.

Again, there's a special exception for hearsay that incriminates the defendant, because it is assumed a condemned man isn't going to tell lies that make him look guilty.

If there's an exception for the Zimmerman Group (and Hornsby says there is), it must be something else. Unless the SA plans to argue that GZ's self-serving statements are actually self-incriminating.

(ETA my misunderstanding of hearsay exceptions is corrected by Richard Hornsby above. I appreciate the correction.)

 

[Aedrys]

.....or he is trying to reduce the rate of crime in his neighborhood.

I know I wouldn't want some madman running around with a gun and stopping people or being obsessive about reporting every single little thing that looks suspicious to him. He is not LE. He is not paid to be LE in that neighborhood. Keeping a watch out is one thing. He was an LE wannabe that was way too obsessed. That is dangerous. That is why Trayvon died. GZ is escalating. If he doesn't get convicted of what he did to Trayvon, he'll shoot someone else in his paranoid belief of justice. No, I don't want THAT in my neighborhood!

 

[Phoenixfla]

BBM That's my home!! :heart:

OMG, mine too. We could be next door neighbors! Maybe the venue will change to SWFL and we will both be jurors!!!

 

[lisalei321]

does anyone have a quick link to gz domestic violence reports. tia

Here's the article I found:

http://articles.orlandosentinel.com...ce-20120321_1_petitions-documents-injunctions



Sent from my Kindle Fire using Tapatalk 2

 

[Adrienne37]

In the post that Adrienne cites, Mr. Hornsby says GZ's statements to friends and family will be admissible. So I assume they will be covered by one of the various hearsay exceptions, but I don't know which ones.

If the statements are deemed incriminating, I think they are "statements against penal interest" or words to that effect. But I don't know what exception covers statements that are esculpatory.

gitana1?

Thanks Nova - the post can be found on thread #25, post #661 if I'm not mistaken.


~jmo~

 

[katydid23]

Yes thank you ! that's the case, I couldn't remember if it was a lawyer or a dr.:blushing:

But Hacking was not even in medical school. It was a total delusional lie.

But according to the article quoted above, GZ was actually in school, and GZ had the party but he TOLD everyone he was some credits short of his degree still. So I don't think it is the same thing as Hacking situation, imo.

 

[m00c0w]

Again, there's a special exception for hearsay that incriminates the defendant, because it is assumed a condemned man isn't going to tell lies that make him look guilty.

If there's an exception for the Zimmerman Group (and Hornsby says there is), it must be something else. Unless the SA plans to argue that GZ's self-serving statements are actually self-incriminating.

You're thinking of statements against interest (not really covered by the hearsay rule). This is the party-opponent exemption.

 

[Adrienne37]

Oh jeez, sorry Mr. Hornsby, didn't realize you were here. Thanks again for coming to answer our questions.


~jmo~