Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘state of florida’

… Judge Nelson , it is None of your Business …

Posted by paulfromwloh on Wednesday,July 10th,2013

.. george zimmerman is entitled to the presumption of innocence . As well as all of his constitutional rights . He is also entitled to the impartial administration of justice . Which , to be honest  , in this case , he has not received from the state of Florida and the county of Sanford .

.. He had a media war mounted against him  , from the beginning . It took from him , or tried to , rob him of the ability to defend himself , his reputation , and the ability to mount a defence of his choosing .

.. The investigation was another issue . The Sanford City Police Department thoroughly investigated the case , and the County Prosecutor also reviewed the case . The County Prosecutor dismissed the case , citing a finding of self – defence . Then ,  the p.r. war did its damage , and the state of Florida stepped in . The state appointed a special prosecutor , who proferred the charges that George Zimmerman is facing now .

 .. On Wednesday, Judge Debra Nelson, who is presiding over the trial of George Zimmerman, repeatedly asked Zimmerman whether he would be testifying, over the objections of his attorneys. Nelson told Zimmerman that he had the “absolute right to remain silent” and then asked him whether he wanted to testify. Don West, Zimmerman’s attorney, objected; Nelson overruled him and said, “The court is entitled to inquire if Mr. Zimmerman’s determination as to whether or not he wants to testify.”

.. The judge should not be harassing , or even asking the defending about whether he or she  is invoking his or her rights . The presumption of innocence , plus the 5th Amendment , and  other rights , should allay those fears . The defendant (Zimmerman) is innocent , until proven guilty (beyond a reasonable doubt) , and does not have to testify . He / she also should not , or does not , have to speak up in court about those rights . That person is also entitled to that presumption as well in jury deliberations .

.. Yet , Judge Nelson persisted . She asked Zimmerman how much time he wanted to figure out if he wanted to testify, to which West objected. Nelson then said, irritated, “Your objection is overruled!” Mark O’Mara, another of the defense attorneys whispered, “What is going on ? ”

.. Such exchanges are very unusual in criminal trials. Judges rarely confront possible witnesses or defendants on whether they will testify over the objections of attorneys.

.. A few minutes later, Judge Nelson continued to ask Zimmerman about whether he would testify. She gave him a few minutes to consider. Then she returned to Zimmerman and asked him whether he would testify; he said he would not. She then repeatedly asked whether it was his decision not to testify in the case, rather than the decision of his attorneys.

.. The defense has rested. After 18 witnesses over the course of the last week, the defense closed its case, then motioned for dismissal; that motion was denied. Prosecutors are calling two rebuttal witnesses, the first of whom, Adam Pollock, Zimmerman’s trainer, already testified for the defense. Both sides are currently drafting jury instructions. Presumably, the case will be sent to the jury tomorrow, after the prosecution’s final rebuttal witness.

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