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Friday :: June 15, 2012

Round 2 George Zimmerman Discovery

Update: Mark O'Mara has asked for 30 days to review the jail calls not relied on by the state to revoke bond. Thus of the 151 calls, only the six calls referred to at the bond revocation hearing and in the state's motion will be released Monday.

Also, Khaled Akkawi, owner of Straight-Shoot Gun Shops, confirmed to the media Zimmerman purchased his gun from one of their stores and has used the firing range at their Casselberry store. He said the FBI visited the stores and asked employees whether Zimmerman had displayed any racial animus. Akkawi said his employees told him, "Nothing could be further from the truth."

Keep in mind, as I wrote below, Akkawi and the others listed in his section of the state's disclosure are unlikely to be called as witnesses. They are listed as "Category C" witnesses, which under Florida's discovery rules, applies to: bq.

All witnesses who performed only ministerial functions or whom the prosecutor does not intend to call at trial and whose involvement with and knowledge of the case is fully set out in a police report or other statement furnished to the defense;

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Thursday :: June 14, 2012

NZ Court to U.S: Start Copying MegaUpload Data, You Can Afford It

Kim Dotcom scores another win in New Zealand, and it's an expensive one for the U.S. The U.S. has been fighting a New Zealand court's order to provide discovery in the extradition case, including the information stored on Megaupload servers in the U.S.

The back story: Kim Dotcom (and his codefendants) requested the disclosure of documents and materials relating to the issue of whether the U.S. has a prima facie case against them allowing for their extradition to the U.S. to face charges pending in the Eastern District of Virginia. On May 29, New Zealand District Court Judge Harvey granted several of the discovery requests and gave the U.S. 21 days to turn over the material.[More...]

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Wikileaks' Julian Assange Loses Final Extradition Appeal

The Supreme Court of Great Britain has denied the request of Wikileaks founder Julian Assange to reconsider its May 30 order rejecting his appeal of a lower court's extradition order. A press release explaining the May 30 order is here.

Today's order is here. The extradition order takes effect 14 days from today. Assange could apply for relief to the European Court of Human Rights (ECHR) in Strasbourg, but experts say it's unlikely he would prevail.

According to Fair Trials International, Assange is likely to be kept in pre-trial detention once he reaches Sweden.

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Zimmerman's Bail Bond Agents to Testify at Bond Hearing

Mark O'Mara, attorney for George Zimmerman, filed a pleading today stating he would call two witnesses from All Star Magic Bail Bonds at the June 29 hearing for bond.

I assume they will testify of the difficulty the family had in coming up with the $15,000. bond premium, as evidence that George and Shellie Zimmerman didn't think of the money raised by the website as their money, but money earmarked for legal fees, living expenses while waiting for trial and creditors. O'Mara has said in the past that the Zimmerman's didn't fully appreciate that the money belonged to them.

O'Mara has said he explained to Zimmerman why his belief was wrong, and he now understands.

Shorter version: Zimmerman wasn't lying, just mistaken, and had no intent to deceive the court.

Will he get another bond? Absolutely, in my view. First, he's legally entitled to it. Second, he will have spent 29 days in jail for his mistake -- that's a steep enough penalty. The judge is not concerned Zimmerman is a flight risk. He may not even raise the bond amount since the money is no longer under Zimmerman's control, but the control of a independent third party trustee. [More..]

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Financier Allen Stanford Sentenced to 110 years

The sentencing hearing for Financier Allen Stanford just concluded. The Government sought 230 years. The judge imposed 110 years. He was ordered to forfeit $5.9 billion. Stanford addressed the court. Via Twitter:

"If I live the rest of my life in prison...I will always be at peace with the way I conducted myself in business."

The AUSA:

"230 years will not get anyone their money back...but on sleepless nights" they will know he got the maximum. "

Stanford has been in jail since July, 2009. He has not had an easy time. In 2009, he was assaulted at the Joe Corley Correction Center, and sustained brain damage and the loss of reading ability in his right eye. After surgery, they over-medicated him to the point the Judge declared him incompetent to proceed to trial. [More...]

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Wednesday :: June 13, 2012

Wednesday Night Open Thread

I'm obviously focused on crime news today -- Zimmerman, Edwards and now Armstrong.

In TV news, why does TNT think Dallas can make a comeback? Michelle Obama is on Restaurant Impossible tonight.

For those of you with other topics on your mind, here's an open thread, all topics welcome.

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New Doping Allegations Against Lance Armstrong

The U.S. Anti-Doping Agency has opened a formal action against Lance Armstrong for violating anti-doping rules from 1998 to the present. The notice is here.

The letter says Armstrong used blood transfusions from 2000 to 2005. It also alleges he used cortisone without medical authorization, and got plasma and saline transfusions.

Actions were also opened against the Team Director, two Team Doctors, a consulting doctor and a team trainer. The only rider named is Lance Armstrong.

In addition to testimony of fellow riders, the Agency says it has a urine sample showing EPO use taken in 2001 during the Tour de Switzerland. It says it has a witness who will say Armstrong told him/her it was covered up.[More...]

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No Retrial for John Edwards

John Edwards' long, embarrassing saga into the criminal justice system is over. The Justice Department announced it won't seek to retry him and has moved to dismiss the charges.

DOJ's Lanny Breuer says:

“Last month, the government put forward its best case against Mr. Edwards, and I am proud of the skilled and professional way in which our prosecutors.... conducted this trial,” he said.

Team Edwards says:

“While John has repeatedly admitted to his sins, he has also consistently asserted, as we demonstrated at the trial, that he did not violate any campaign law nor even imagined that any campaign laws could apply,” they said. “We are very glad that, after living under this cloud for over three years, John and his family can have their lives back and enjoy the peace they deserve.”

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Judge Orders Release of George Zimmerman's Statements to Police

The Judge in the George Zimmerman case has ruled that George Zimmerman's police interviews and statements are not confessions because they contain no admission of guilt and therefore must be supplied to the media within 15 days. A copy of the order is here. It states:

Upon an in camera review of the Defendant's statements, they do not qualify as confessions, as the Defendant does not acknowledge guilt of the essential elements of the crime. The only element conceded by the Defendant is that he shot and killed the victim, but he does not concede any other elements of second-degree murder. Fla. Stat. §119.071(2)(e) does not exempt the statements from the public record. Since the Defendant admitted at his bond hearing that he shot the victim, disclosure of those statements will not impact the Defendant's right to a fair trial.

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George Zimmerman: Written Order vs. Oral Ruling at Bail Hearing

At the hearing to revoke bond on June 1, 2012, Judge Kenneth Lester said he would issue a written order. Yesterday, he issued his order, which you can read here.

Interestingly, he writes for the first time that the state's evidence is "strong." The state chose not to present evidence on the facts of the case at the April 20 bond hearing, relying instead on its affidavit. The only testimony at the hearing on the facts of the case came from the state investigator, called by the defense, who acknowledged weaknesses in the state's case. The state's affidavit of probable cause, which as has been endlessly discussed, was a one-sided portrayal with factual inaccuracies and no mention defendant's claim of self-defense. It didn't contain evidence of the elements of second degree murder. [More...]

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Tuesday :: June 12, 2012

Shellie Zimmerman Arrested, Charged With Perjury

Not a good day for the Zimmermans. Shellie Zimmerman has been arrested and charged with perjury. She has been released on a $1,000.00 bond.

You can read the capias and affidavit for her arrest here. The Affidavit says the money was transferred not only by Shellie Zimmerman into her and George's accounts at the credit union, but also using George's sister's account at the credit union. It also includes transcripts of additional jail calls, none of them good for George Zimmerman. The state says the calls show they transferred and withdrew money from a safety deposit box, and that many of Shellie's deposits and withdrawals were in amounts of $9,000.00, $9,990.00 or $9,999.00, which some might argue shows an intent to evade federal currency reporting requirements. He also directed her to use some of the money to pay their bills.

ABC breaks down the charges here. [More...]

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Mass. Town Imposes Fine for Public Profanity

Using a profane word in public is now subject to a $20 fine in Middleborough, MA. The town's residents passed the law yesterday, at the urging of the police chief, by a vote of 183-50. The town has 20,000 residents.

How will it be enforced? At the discretion of the police.

The measure could raise questions about First Amendment rights, but state law does allow towns to enforce local laws that give police the power to arrest anyone who "addresses another person with profane or obscene language" in a public place.

Matthew Segal, legal director for the American Civil Liberties Union of Massachusetts, said the U.S. Supreme Court has ruled that the government cannot prohibit public speech just because it contains profanity.

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