O'Mara Motions that jury be allowed to view crime scene by Lonnie Starr
Saturday, May 11, 2013
Friday, May 10, 2013
States Motion for Shellie to depose
The Professor covered spousal privilege here:
=======================================
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
-1-
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
=====================================================================================================
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
-1-
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
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?
New Zimmerman motions: Defense wants anonymous jury; state wants to question Shellie
 |
First George Zimmermantrial subpoena goes out |
George Zimmerman's attorneys filed paperwork asking his judge to allow trial jurors to visit the scene of Trayvon Martin's shooting, and also to sequester his jury and keep their identities of a secret.
Meanwhile, prosecutors filed a motion asking Circuit Judge Debra Nelson to order Zimmerman's wife, Shellie, to answer questions in a pre-trial deposition.
The defense argues visiting the shooting scene would allow jurors to better understand the vantage point of individual eye- and ear-witnesses.
That request is unusual but not unprecedented. Typically, when a judge agrees to such an outing, he or she orders a van or bus to transport jurors together.
In a separate filing, O'Mara asked the judge to keep the names of potential jurors secret. He asked for the jury to be sequestered, citing the intense media focus on the case.
He also referenced the Casey Anthony murder case, in which jurors were sequestered and anonymous during trial. Their names were eventually released after trial.
O'Mara notes the Anthony jurors were the subject of "contempt" after their not-guilty verdict.
READ MORE
Motion for Jury to inspect the SCENE
FIND THE ORIGINAL PDF FILE HERE
IN THE CIRCUT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUT, IN AND
FOR SEMINOLE COUNTY, FLORIDA
STATE OF FLORIDA CASE NO 2012-001083-CFA
--Plaintiff,
vs.
GEORGE ZIMMERMAN,
--Defendant
_____________________
MOTION TO ALLOW JURY TO INSPECT THE INCIDENT SCENE DURING TRIAL
COMES NOW, GEORGE ZIMMERMAN, by and through his undersigned counsel,
persuant to florida Statue § 918.05, and files this Motion to Allow
Jury to Inspect the Incident Scene During Trial, which is located in
teh Retreat at Twin Lakes Subdivision in Sandford, Florida, including
retreat View Circle, Twin Trees Lane and Long Oak Way, and as ground
therefore states as follows:
1. the incident in this case, which occurred on February 26, 2012,
was located in the Retreat at Twin Lakes Subdivision, including
Retreat View Circle, Twin Trees Lane, and Long Oak Way.
The prelude to the insicent is documented by Mr. Zimmerman's
non-emercency call, in which very specific locations are noted at
specifi time markers in the recorded phone call. The incident itself
was documented by a witness' 911 call, which recorded the final 42
seconds leading up to the gunshot and the gunshot itself, which
allowed investigators to determine the exact time and place of the
incident.
Because so much is known about the specific timeline of the events
leading up to and including the incident, and because so much is known
about the discreet geography of the scene of
Page 1 of 3
---------------------------
the incident, details of witness testimony related to time and
location will receive extraordinary scrutiny by a jury, perhaps down
to seconds and inches.
the facts of this case are very setting-specifi as to how the events of
that evening occured, Specifically, there wre several witnessess who
are "ear witnesses", in that they heard certain sounds, or voices, in
certain areas where the events unfolded.
There are also some witnesses who viewed certain parts of the event,
though there is no witness who vied the entire event. All of the
wintesses, both "ear witnesses" and "eye witnesses", have different
perspectives on the event which happened in a relatively discreet
geographical area, and over a very discreet, and short, period of
time.
The specific qualities of each vantage point would have affected
witnesses' ability to hear and see the incident, and a first hand
understanding of the qualities of each vantage point will help a jury
assess the reliability and weight of witness testimony.
2. Each witness' perspective, including their ability to hear and
their ability to see what they will be testify to would be best
explained to the jury with a view of the actual scene. In this way,
the jury can best decide how reliable each witness' testimony is, and
what weight to give the wintess; ability to see that which the witness
testifies to having seen. and to hear that which the
witness testifies to haviang heard.
3. Persuant to Florida Statue § 918.05, a view by the jury is
appropriate when a court determines that it is proper for the jury to
view a place where the event occurred. The Court may then order that
the jury be brought, as a whole, to the location in the custody of a
proper officer. As atated in § 918.05, the Court shal admonish the
officer that no person, including the officer, shall be allowed to
communicate with the jury about any subject connected with the trial.
Further, the Statute states that the judge and the defendant shall be
preent, and that the prosecution attorney and defense counsel may be
present at the view.
4. Defense counsel requests that they be available for the jury view,
and that they partake
Page 2 of 3
------------------------------------
in the process necessary to properly secure the secen and to protect
the integrity of the jury during the view.
WHEREFORE, the Defendant respectfully requests this Honorable Court to
allow the jury to inspect the incident scene during trial for the
reasons stated above.
Respectfully submitted this 9th day of May, 2013.
Signature Mark O'Mara Esquire
-----------------------------
Florida Bar No. 359701
O'Mara Law Group
1416 East Concord Street
Orlando, Florida 32803
Telephone: (407) 898-5151
Facsimlie: (407) 898-2468
E-Mail: Mark@markomaralaw.com
Co-Counsel for Defendant
CERTIFICATE OF SERVICE
-------------------------
I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by Facsimilie/E-Mail this 9th day of May, 2013 to
Bernie de la Rionda, Assistant State Attorney and Florida 32202-3429,
and to Donald R. West, Esquire, 636 West Yale Street, Orlando,
Florida 32804.
signature Mark M. O'Mara
____________________________
MARK M. O'MARA, ESQUIRE
IN THE CIRCUT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUT, IN AND
FOR SEMINOLE COUNTY, FLORIDA
STATE OF FLORIDA CASE NO 2012-001083-CFA
--Plaintiff,
vs.
GEORGE ZIMMERMAN,
--Defendant
_____________________
MOTION TO ALLOW JURY TO INSPECT THE INCIDENT SCENE DURING TRIAL
COMES NOW, GEORGE ZIMMERMAN, by and through his undersigned counsel,
persuant to florida Statue § 918.05, and files this Motion to Allow
Jury to Inspect the Incident Scene During Trial, which is located in
teh Retreat at Twin Lakes Subdivision in Sandford, Florida, including
retreat View Circle, Twin Trees Lane and Long Oak Way, and as ground
therefore states as follows:
1. the incident in this case, which occurred on February 26, 2012,
was located in the Retreat at Twin Lakes Subdivision, including
Retreat View Circle, Twin Trees Lane, and Long Oak Way.
The prelude to the insicent is documented by Mr. Zimmerman's
non-emercency call, in which very specific locations are noted at
specifi time markers in the recorded phone call. The incident itself
was documented by a witness' 911 call, which recorded the final 42
seconds leading up to the gunshot and the gunshot itself, which
allowed investigators to determine the exact time and place of the
incident.
Because so much is known about the specific timeline of the events
leading up to and including the incident, and because so much is known
about the discreet geography of the scene of
Page 1 of 3
---------------------------
the incident, details of witness testimony related to time and
location will receive extraordinary scrutiny by a jury, perhaps down
to seconds and inches.
the facts of this case are very setting-specifi as to how the events of
that evening occured, Specifically, there wre several witnessess who
are "ear witnesses", in that they heard certain sounds, or voices, in
certain areas where the events unfolded.
There are also some witnesses who viewed certain parts of the event,
though there is no witness who vied the entire event. All of the
wintesses, both "ear witnesses" and "eye witnesses", have different
perspectives on the event which happened in a relatively discreet
geographical area, and over a very discreet, and short, period of
time.
The specific qualities of each vantage point would have affected
witnesses' ability to hear and see the incident, and a first hand
understanding of the qualities of each vantage point will help a jury
assess the reliability and weight of witness testimony.
2. Each witness' perspective, including their ability to hear and
their ability to see what they will be testify to would be best
explained to the jury with a view of the actual scene. In this way,
the jury can best decide how reliable each witness' testimony is, and
what weight to give the wintess; ability to see that which the witness
testifies to having seen. and to hear that which the
witness testifies to haviang heard.
3. Persuant to Florida Statue § 918.05, a view by the jury is
appropriate when a court determines that it is proper for the jury to
view a place where the event occurred. The Court may then order that
the jury be brought, as a whole, to the location in the custody of a
proper officer. As atated in § 918.05, the Court shal admonish the
officer that no person, including the officer, shall be allowed to
communicate with the jury about any subject connected with the trial.
Further, the Statute states that the judge and the defendant shall be
preent, and that the prosecution attorney and defense counsel may be
present at the view.
4. Defense counsel requests that they be available for the jury view,
and that they partake
Page 2 of 3
------------------------------------
in the process necessary to properly secure the secen and to protect
the integrity of the jury during the view.
WHEREFORE, the Defendant respectfully requests this Honorable Court to
allow the jury to inspect the incident scene during trial for the
reasons stated above.
Respectfully submitted this 9th day of May, 2013.
Signature Mark O'Mara Esquire
-----------------------------
Florida Bar No. 359701
O'Mara Law Group
1416 East Concord Street
Orlando, Florida 32803
Telephone: (407) 898-5151
Facsimlie: (407) 898-2468
E-Mail: Mark@markomaralaw.com
Co-Counsel for Defendant
CERTIFICATE OF SERVICE
-------------------------
I HEREBY CERTIFY that a true and correct copy of the foregoing has
been furnished by Facsimilie/E-Mail this 9th day of May, 2013 to
Bernie de la Rionda, Assistant State Attorney and Florida 32202-3429,
and to Donald R. West, Esquire, 636 West Yale Street, Orlando,
Florida 32804.
signature Mark M. O'Mara
____________________________
MARK M. O'MARA, ESQUIRE
Wednesday, May 8, 2013
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