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Re: F6 post# 204778

Friday, 05/31/2013 3:43:47 AM

Friday, May 31, 2013 3:43:47 AM

Post# of 482600
F6 .. is it fair to suggest the use of the word "evidence" .. in all the pro Zimmerman articles, and others which could be seen as neutral as drop...'s link, re this new info. .. is actually technically the wrong word to use? .. that 'information' or 'data' would be more appropriate? .. i know little of this stuff, but do know that heaps of past stuff about Trayvon would not be admissible as "evidence" which suggests it shouldn't be called evidence before it is admitted .. and knew that's what you were getting at in your other post .. http://investorshub.advfn.com/boards/read_msg.aspx?message_id=88458168 .. umm, just a thought now .. the phrase 'that is not admissible as evidence' .. does suggest that whatever information is being disputed in any case is not properly called evidence before it is admitted as evidence .. is that right?

Ooi .. there is a discussion on all of this here .. http://forums.talkleft.com/index.php?topic=2302.0

And here, a legal opinion on what Judge Nelson should do ..

Mark O’Mara should be sanctioned by the Court
May 30, 2013

Thursday, May 30, 2013

Good morning:

Bad character evidence about the victim of a homicide is not admissible in a self-defense case unless the defendant knew it before the encounter that ended with the victim’s death.

In other words, if the defendant did not know that the victim was a violent thug, he cannot introduce evidence that the victim was a violent thug in support of his claim of self-defense.

Mark O’Mara is using the information obtained from Trayvon’s phone in a fruitless attempt to establish that Trayvon was a violent thug. Even if he were successful, the information would still be irrelevant and inadmissible because the defendant did not know Trayvon before he killed him.

O’Mara must know this because he is a lawyer who specializes in criminal law. Since he knows this, we can reasonably conclude that he knows his motion for sanctions against BDLR will be denied.

The question people should be asking is why did he file the motion since he knew it would be denied?

I believe the answer is obvious.

He is using the motion as a vehicle to publicize irrelevant and inadmissible information about Trayvon Martin. He wants the public to believe that Trayvon is a violent thug who deserved to die.

Since he waited to file his motion until after 500 people received a summons for jury duty, we also can tell that he is using his motion for sanctions to convince as many of those 500 people as possible that Trayvon was a violent thug who deserved to die.

Two additional important points that are getting lost amid the hue and cry caused by the release of the information are that:

(1) it does not prove Trayvon was a violent thug, and

(2) it does prove that Mark O’Mara acted in bad faith when he filed the motion for sanctions.

Therefore, Judge Nelson should sanction O’Mara for filing the motion for sanctions in bad faith.
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http://frederickleatherman.com/category/trayvon-martin/

i've included the bottom bit this time to be fair to Fred

tia .. i'm looking forward to learning more about the law and procedure in criminal cases from this trial .. :)

It was Plato who said, “He, O men, is the wisest, who like Socrates, knows that his wisdom is in truth worth nothing”

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