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Pastimes : The "Zimmerman" File

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To: LindyBill who wrote (139)7/10/2013 1:41:59 AM
From: Sdgla  Read Replies (1) of 671
 

Rene Stutzman @renestutzman
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13-hour trial day ends with exhasted judge storming off bench after near shouting match w/ DonWest. #Trayvon, #Zimmerman.

4:01 PM - 9 Jul 2013

From legal insurrection : The hearing was highly contentious, with defense lawyer Don West vigorously asserting that failure to allow the evidence would violate Zimmerman’s constitutional rights, and blaming the prosecution for withholding evidence until early June as to the texts. West argued that it was unfair to hold the defense to strict authentication standards given the prosecution’s tactics.

This reply is relevant :

biglawmonies | July 10, 2013 at 12:49 am
From U.S. v. Caldwell 776 F.2d 989, 1001-2 (11th Cir. 1985) (applying identical rule as Judge Nelson is applying):

“Authentication 1002*1002 or identification under rule 901 merely involves the process of presenting sufficient evidence to make out a prima facie case that the proffered evidence is what it purports to be. Once that prima facie showing has been made, the evidence should be admitted, although it remains for the trier of fact to appraise whether the proffered evidence is in fact what it purports to be.”

The defense has certainly met a prima facie burden; Judge Nelson is holding the defense to a standard that is way too high.



Could be the judge is either incompetent or inthebag...jmo.
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