Jail The Prosecutor: Zimmerman Case

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OathKeeper99

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"It's time to get the sign out again -- you know the one:"
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ORLANDO, Fla. -- A court employee who retrieved photos and deleted text messages from Trayvon Martin's cellphone has been placed on administrative leave after an attorney testified that prosecutors didn't properly turn over the evidence to the defense, an attorney said Wednesday.
Former prosecutor Wesley White said he was ethically obligated to reveal that Fourth Judicial Circuit Information Technology Director Ben Kruidbos retrieved the data that weren't turned over.
ORLANDO, Fla.: Lawyer: Zimmerman prosecutor withheld evidence - Trayvon Martin - MiamiHerald.com
Everyone involved in this needs to go into the dock now and face prosecution. Specifically, the question that must be answered is under who's direction was this intentional deception fomented, constructed and executed? This is grand jury material and one must be empanelled now.
The evidence in question? It's very material:
White said the photos Kruidbos retrieved were of a hand holding a gun and one depicted drugs. The content of the text messages wasn't specified.
"I'm an officer of the court and I'm obliged to inform the court of any misconduct or any potential misconduct coming before the court. Whether it's by the defense or prosecution," White said.

ORLANDO, Fla.: Lawyer: Zimmerman prosecutor withheld evidence - Trayvon Martin - MiamiHerald.com
The folks over at theconservativetreehouse have been all over this; they (and I) have been watching developments in this case like a hawk. Rather than dribble it all out, however, I thought I'd wait until there was so much to present at once that a threshold was reached -- essentially irrefutable evidence of prosecutorial misconduct."

Jail The Prosecutor: Zimmerman Case in [Market-Ticker]

Are we a nation of laws or not?
 
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OathKeeper99

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[FONT=times new roman, times][FONT=times new roman, times]Although Judge Debra Nelson ruled against the inclusion of almost any negative information about Martin in the upcoming trial, the defense had managed to get much of that information into the public sphere. CNN, for instance, headlined its article on the May 28 ruling "Marijuana, fights, guns: Zimmerman loses key pretrial battles." Below the headline was a photo of the young Martin, a near-saint only months back, recycling a lungful of marijuana smoke. If nothing else, the media were catching on to Martin's less than saintly behavior.[/FONT][/FONT][FONT=times new roman, times]​


[FONT=times new roman, times]The media missed, however, O'Mara's reference to homelessness and Martin's attitude towards it. O'Mara informed Judge Nelson that Martin had a keen interest in fighting and that he had video proof of the same. The charmless Nelson made one of her rare stabs at humor by implying that if attendance at a fight were proof of criminality, half of America would be in jail.[/FONT]



[FONT=times new roman, times]O'Mara countered by saying that Martin not only attended fights, but that he also recorded them on video, including "one where two buddies of his are beating up a homeless guy." The video recorded a crime. The State of Florida had had this video in possession for months and took no follow-up action. As O'Mara made clear at the most recent hearing, the State had concealed critical evidence all along. He even produced a whistleblower from the state attorney's office to hammer home his point.[/FONT]​


[FONT=times new roman, times]Judge Nelson made no comment on the beating of the homeless man. She had a case to misdirect, and she wasn't about to quibble over something as insignificant as justice.[/FONT]​

[/FONT]

 
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MachZer0

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"It's time to get the sign out again -- you know the one:"
toldyaso.gif
The evidence in question? It's very material:The folks over at theconservativetreehouse have been all over this; they (and I) have been watching developments in this case like a hawk. Rather than dribble it all out, however, I thought I'd wait until there was so much to present at once that a threshold was reached -- essentially irrefutable evidence of prosecutorial misconduct."

Jail The Prosecutor: Zimmerman Case in [Market-Ticker]

Are we a nation of laws or not?​
This goes all the way back to the original arrest affidavit. Remember that Alan Dershowitz referred to the affidavit as unethical and irresponsible. He also stated that the filing of the affidavit itself may have even been criminal. When the prosecution starts out from such an unethical point, it follows that the behavior would only escalate in order to move forward with the prosecution​
 
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cow451

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As much as I have been critical of Zimmerman's conduct, he should have a fair trial. As I have said before, prosecutorial misconduct is the scandal that doesn't get the attention it deserves.
 
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John Lee Pettimore III

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This goes all the way back to the original arrest affidavit. Remember that Alan Dershowitz referred to the affidavit as unethical and irresponsible. He also stated that the filing of the affidavit itself may have even been criminal. When the prosecution starts out from such an unethical point, it follows that the behavior would only escalate in order to move forward with the prosecution

Corey's MO is to overcharge to get a plea.
 
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cow451

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Isn't that the MO of almost every procecutor?


Overcharging is not by itself that much of a problem. Withholding evidence, encouraging perjury, etc. is a major problem.
 
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DaisyDay

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Overcharging is not by itself that much of a problem. Withholding evidence, encouraging perjury, etc. is a major problem.
I disagree. Overcharging is coercive, especially to people without good access to decent legal representation. It comes down to a gamble - time served and a guilty plea or fifteen years on a guilty verdict.

If you are actually innocent, but poor or have children to support, what are you going to do?
 
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GarfieldJL

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As much as I have been critical of Zimmerman's conduct, he should have a fair trial. As I have said before, prosecutorial misconduct is the scandal that doesn't get the attention it deserves.

This also puts all the other evidence the prosecutor intends to use in question and any witnesses (assuming the prosecutor has any). This is actually grounds to throw out the entire case, and Zimmerman now has a pretty solid case to appeal any conviction due to the prosecutor's behavior.

Prosecutors don't get jailed for those kinds of shenanigans, they get promoted.

I'm sure the Duke LaCrosse prosecutor would agree with you, oh wait didn't he lose his law license for starters...
 
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IzzyPop

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This also puts all the other evidence the prosecutor intends to use in question and any witnesses (assuming the prosecutor has any). This is actually grounds to throw out the entire case, and Zimmerman now has a pretty solid case to appeal any conviction due to the prosecutor's behavior.



I'm sure the Duke LaCrosse prosecutor would agree with you, oh wait didn't he lose his law license for starters...

Yes he did. But he is an outlier. Most prosecutors that break the law don't even get a slap on the wrist.
 
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GarfieldJL

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Yes he did. But he is an outlier. Most prosecutors that break the law don't even get a slap on the wrist.

However like the Duke Lacrosse case, this one has turned into a media circus, so it's entirely possible that this prosecutor will get a lot more than a mere slap on the wrist.
 
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ChristOurCaptain

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I disagree. Overcharging is coercive, especially to people without good access to decent legal representation. It comes down to a gamble - time served and a guilty plea or fifteen years on a guilty verdict.

Hopefully, in a murder case, 15 years isn't all one gets if found guilty?
Leave that nonsense to us here in Scandinavia, where the omnipresent legal principle seems to be: "It's society's fault, not the criminal's"
 
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GarfieldJL

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Hopefully, in a murder case, 15 years isn't all one gets if found guilty?
Leave that nonsense to us here in Scandinavia, where the omnipresent legal principle seems to be: "It's society's fault, not the criminal's"


The issue here is that the prosecution tried to destroy evidence... Who knows what other evidence is missing that would bolster the defense's case...
 
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DaisyDay

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The issue here is that the prosecution tried to destroy evidence... Who knows what other evidence is missing that would bolster the defense's case...
I thought the evidence was simply withheld (bad enough), not destroyed.
 
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MachZer0

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I thought the evidence was simply withheld (bad enough), not destroyed.
From the Op's link:

"...A court employee who retrieved photos and deleted text messages from Trayvon Martin's cellphone..."
 
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