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Sunday :: May 13, 2012

O'Mara to get George Zimmerman Discovery Monday

Mark O'Mara will begin getting discovery tomorrow in the George Zimmerman case. The media and public are unlikely to get it right away. O'Mara has said he will file for a motion to seal some of it, particularly the information with witness names, and the State's Attorney agrees with him and has said her office won't make it publicly available on Monday.

It will include crime scene photos, Trayvon's autopsy, Zimmerman's five statements to authorities, witness statements, and crime lab work — if it's been completed — on clothing and Zimmerman's handgun.

I'm not sure what is sealable about the autopsy report or lab tests, but I don't blame O'Mara for wanting time to review it before it's publicly released.

Our older Zimmerman threads are full, so here's a place to discuss the anticipated discovery and legal issues. (Note: You may not use this site to link to petitions and argue for restrictions on stand your ground laws. I oppose such restrictions and do not support more gun control laws. Keep your comments to the law's application to the Zimmerman case or other past or pending cases.) [More..]

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John Edwards: Why He Does Not Need to Testify

NBC's Today Show has a new video on whether John Edwards should testify at trial. It includes interviews with two legal analysts who opine that John Edwards should testify. One even said "It's up to John Edwards to look the jury in the eye and convince them he did not violate the campaign finance laws."

That's absolutely not the law. That the analyst obviously knows this is not the law and may just be making the point that in his view, as a practical matter, jurors will expect Edwards to convince them of his innocence, does not excuse his perpetuating such a false notion. It's really an irresponsible comment.

John Edwards does not have to convince this jury of a single thing. He has zero burden of proof. The burden of proof is completely on the Government. It is the Government that bears the burden of proving each and every element of each crime charged beyond a reasonable doubt.

I can think of no good reason for John Edwards to take the stand and I predict he won't. [More...]

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Happy Mothers Day and Open Thread

There's something so universal about Mother's Day. Everyone on this planet at one time had a mother. Many still do, many are mothers, many are married to mothers and many aspire to be mothers.

One of Denver's early public defenders, now deceased, used to say about his clients who had done terrible things: "There's something good to say about every one, even if it's only that their mother loved them." [More...]

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John Edwards Trial: First Defense Witnesses

John Edwards will begin presenting his defense Monday. The Court has published the list of witnesses for the day, in no particular order. They include:

  • Scott Thomas (Former FEC Commissioner and proposed expert witness)
  • Lora Haggard: One of his campaign's finance officers from Georgia and Treasurer for the Center for Promise and Opportunity Foundation (to which Bunny Mellon contributed millions before even met Rielle Hunter).
  • Tim Reilly
  • Scott McLean: Builder of Andrew Young's House
    Harrison Hickman: Friend and Adviser to Edwards, a pollster from MD
  • Robert Lester
  • Wade Smith: Edwards' lawyer who had discussions with Mellon's lawyer Alexander Forger

Where is Rielle Hunter these days? Out and about with daughter Frances Quinn.[More...]

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Friday :: May 11, 2012

John Edwards: Judge Denies Defense Request to Dismiss

The Judge in the John Edwards trial heard two hours of argument today on the defense motion for judgment of acquittal and denied the motion.

She ruled there was enough evidence to let the case be decided by the jury. She did express reservations about whether the Government had proved venue in Middle District of North Carolina.

If the defense chooses to present witnesses, it will do so beginning Monday. As I wrote last night, the Government is now seeking a jury instruction on "Sympathy" which leads me to believe it is concerned the defense will present at least one witness whose testimony might evoke sympathy for John Edwards. I can't think of anyone other than Cate Edwards who might fit in that category.

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George Zimmerman's Cultural Roots

CNN Legal Analyst Mark NeJame steps up his role as investigative journalist in the George Zimmerman case. Last night on Piers Morgan's show, he revealed the above photo of Zimmerman's multi-racial family, including his black great-grandfather and Peruvian grandmother and mother.

He received the photo from the Zimmerman family.(Background here.)

Mark's comments: He may have been skeptical at first but this photo changed his mind. He does not think Zimmerman was motivated by race in what whatever encounter he had with Trayvon Martin on Feb. 26.

This thread is devoted to all things Zimmerman-related.

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Thursday :: May 10, 2012

John Edwards: Curing Undue Prejudice

Right before the Government rested today, it was allowed to play the entire 2008 interview John Edwards gave to 20/20, in which he acknowledged having a brief affair with Rielle Hunter that had ended a long time ago, and in which he said Elizabeth knew all about it. Also in the interview, Edwards said:

"I have never asked anybody to pay a dime of money. Never been told that any money has been paid. Nothing has been done at my request."

Even if all three of those statements were a lie, John Edwards would be not guilty if the funds provided by Baron and Mellon were not "campaign contributions" as defined by the federal campaign finance statutes. [More..]

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Thursday Open Thread

Your turn. All topics welcome.

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DOJ Sues Sheriff Joe Over Racial Profiling

The Justice Department today announced the filing of its civil rights lawsuit against Maricopa County Sheriff Joe Arpaio and his department for engaging in racial profiling of Latinos. The New York Times has more, and background is here.

The Justice Department's December, 2011 report finding systemic profiling is here.

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John Edwards: Government's Final Witnesses

The Government will rest its case against John Edwards today. According to the Charlotte Observer, the final three witnesses will be law enforcement officers. According to another account, one of the final witnesses will be Leo H. Hindery, Jr., a Democratic power player and former cable magnate who became the Edwards campaign's senior economic policy advisor in June, 2007. Hindery switched his support to Obama after Edwards dropped out,

What would he testify to? Possibly that Edwards' was interested in being Attorney General if Obama won the election. From Game Change by John Heilemann and Mark Halperin (Saint Elizabeth and the Ego Monster): [More...]

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It Got Better

The President surprised me yesterday. Not about what was in his heart. I was confident about that. But in a reelection year, I did not expect the President to say what he said. Yesterday, I commented "I'm not at all sure this was the smart political play. I'm pretty sure I think it isn't. I can not imagine how we can not give him tremendous credit for this." I know I do.

It reminded me also of this:

Yesterday, no laws were passed. But it got better.

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Wednesday :: May 09, 2012

Wednesday Night Open Thread

President Obama supported gay marriage today.

Obama's fundraiser at George Clooney's home could raise $15 million -- or not.

The event at Clooney's Studio City home is being organized by DreamWorks Animation CEO Jeffrey Katzenberg and is expected to lure guests including Barbra Streisand, Robert Downey Jr. and producer Susan Downey, J.J. Abrams, CAA's Bryan Lourd and ICM's Chris Silbermann.

The Justice Department is going to sue Sheriff Joe Arpaio and his office office for civil rights violations due to the racial profiling of Latinos. [More...]

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