States Motion for Shellie to depose

 The Professor covered spousal privilege here:
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Text version:  

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUT
IN AND FOR SEMINOLE COUNTY,  FLORIDA

STATE OF FLORIDA
VS
GEORGE ZIMMERMAN              CASE NO. 2012-001083-CFA
                              SA NO:  1712F04573

STATES MOTION REQUESTING COURT TO COMPEL  (pdf link)
SHELLIE ZIMMERMAN TO TESTIFY AT DEPOSITION 

The State of Florida, by and through the undersigned Assistant State

Attorney, persuant to Rule 3.220,  Florida Rules of Crimnal Procedure, 

and Chapter 27,  Florida Statuets, request this Honorable Court compel

shellie Zimmerman to testify at Deposition.

FACTS

1.  On 4/20/2013,  Shellie Zimmerman was listed as a witness in the

State's 14th Supplemental Discovery.

2.  On 4/17/2013,  Defendant filed a Second Amended Witness List

listing specified witnesses including; "Any witness identified through

State's discovery  not otherwise disclosed here".

3.  The State after receiving Defendant's witness list and conferring

with Shellie Zimmerman's attorney,  Kelly Sims,  scheduled Shellie

Zimmmerman for deposition on 5/1/2013,  Shellie Zimmerman appeared for

deposition with her attorney,  Also present were Defendant's attorneys,

 Mark O'Mara and Don West.  After approximately twenty minutes of

questioning by the undersigned Mr. O'Mara asked to take a break and

left 
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the room with Mr.  West,  Mr. Sims and Shellie Zimmerman.

5. After a private discussion Mr.  O'Mara,  Mr.  West,  Mr. Sims and

Mrs. Zimmerman returned to the deposition room.

6. Mr. Sims then asked the undersigned whether Shellie Zimmerman was

listed as a witness by Defendant.  I informed Mr. Sims that Shellie

zimmerman was listed as a defense witness and we would like to continue

her scheduled deposition.  Mr. O'Mara and Mr.  West stated Shellie

Zimmerman was not listed as a witness by Defendant.  Mr. Sims then told

the undersigned that since Shellie Zimmerman was not listed as a

defense witness and had a pending case she would assert her 5th

Amendment right and refuse to answer any addtional questions.

7.  The undersigned informed Mr. Sims of the following:

•  The State disagreed with Defendant's attorney and believed Shellie

Zimmerman was listed as a defense witness in George Zimmerman's case.

•  Mrs.  Zimmerman would not be questioned about her pending case and

Mr. Sims could object if he felt any questions dealth with her pending

case.

•  By virtue of being subpeonaed,  any statements (if they were

incriminating) made by Mrs.  Zimmerman in the deposition could not be

used to incriminate her,  except if she committed perjury during the

deposition.  (Mrs.  Zimmerman was also informed of this).

• If Defense Counsel was correct and Mrs.  Zimmerman had not been

listed as a witness by Defendant she would still be subject to appear

and answer any questions under a Chapter 27 subpoena which I would be

glad to prepare and provide.

8.  Mr. Sims informed the undersigned that Mrs. Zimmerman would still

refuse to answer
                  -2-

any additional question and would assert her 5th Amendment rights. 

Mrs. Zimmerman then invoked her 5th Amendment rights and upon advice of

Mr. Sims refused to answer any additional questions.  The state and Mr.

Sims agreed to continue the dieposition and bring this matter before

this Honorable Court to argue the matter and obtain a ruling from the

court.

9.  Later that date the undersigned reviewed Defendant's discovery

--witness list,  and verified Shellie Zimmerman was listed as described

above.  The undersigned informed Mr.  Sims that was the case and told

him a Chapter 27 subpoena was not required since the deposition

subpoena was still valid,  and inquired whether Mrs.  Zimmerman was

available to continue the depostion the next day.

10.  Mr.  Sims informed the undersigned that he would not agree to

continue the deposition until the Court determined whether Mrs.

Zimmerman had to testify.

   LEGAL ARGUMENT

11.  Shellie Zimmerman was listed as a witness by Defendant.

12.  Shellie Zimmerman has pertinent information in this case that is

not priviledge or deals with her pending case.  For instance,  Mrs.

Zimmerman had contact with Defendant and other witnesses befor and

after the murder,  responded to the murder scene,  and was present when

Defendant made statements to witnesses about his contact with and

shooting of Trayvon Martin.

13.  F.R.C.P. 3.220 provides for the depostion of witnesses.

14.  If the Court were to determine that Shellie Zimmerman was not

listed as a defense witness as Defendant's Counsel asserted,  Mrs. 

Zimmerman would still be subject to appear and testify under Chapter

27,  Florida Statues.

WHEREFORE,  the State requests this Honorable Court compel Shellie

Zimmerman to testify at deposition.

             CERTIFICATE OF SERVICE
____________________________________________________

I, HERBY CERTIFY that a copy of the foregoing has been furnished by

email to Mark O'Mara,  Esq.  Don West, Esq.  and Kelly Sims, Esq,  this

9th day of May, 2013

ANGELA B. COREY
STATE ATTORNEY

BY  SIGNATURE
Bernardo de la Rionda
Bar Number 385841
Assistant State Attorney

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SearchingMind says:
May 10, 2013 at 3:39 am

Huge development

From the avalanche of Motions filed recently, the most (and only) significant one is, IMO, the ‘Motion to Compel Shellie Zimmerman to testify at deposition’. The Professor covered spousal privilege here: POST ON FREDERICK LEATHERMAN'S LAW BLOG BUT, there is a new twist, a new factor in the equation: Shellie Zimmerman is asserting her rights under the 5th Amendment – NOT spousal privilege. There is a difference between the two (i.e. 5th Amendment Rights and spousal privilege). And that difference is huge in the present case, IMO. A careful reading of the ‘Motion to Compel’ tells me that Shellie did indeed answer a few questions during the deposition and then asserted the 5th with regard to other questions (unrelated to her current perjury charge). Shellie does NOT want to incriminate herself. That’s ominous. Something is up. What is it?