George Zimmerman's new judge: Debra S. Nelson

[Baitball Blogger]

Source: Orlando Sentinel

Today Circuit Judge Debra S. Nelson, a 13-year veteran of the bench in Sanford, was officially assigned the George Zimmerman second-degree murder case.

The 58-year-old Nelson has a reputation as a hard-working, ambitious judge who hands down tough sentences.

Not long ago she sentenced a robbery suspect to 27 years in prison after he'd rejected a 20-year plea deal offered by a prosecutor.

"You don't mess around with her," said Lake Mary attorney Isadore Hyde Jr. "She's very nice, very nice. You can tell her what's on your mind on or off the bench, but she will send your a-- away.

Read more: http://articles.orlandosentinel.com/2012-08-30/news/os-george-zimmerman-new-judge-20120830_1_george-zimmerman-trayvon-martin-mark-o-mara

[AngryAmish]

1. Silly, there is no such thing as a girl judge!

[Iggo]

2. I shouldn't have laughed at that as hard as I did.

But I did.

[Kolesar]

3. Lotta drama in that "mini biography"

She could cast for the Dos Equis commercial:
"She is the most interesting woman in the world"

[Baitball Blogger]

5. LOL!

[heaven05]

4. all

i want is the truth to come out, if possible. I fear though this guy will get away with SYG and self defense as an excuse for murder.

[gejohnston]

6. SYG isn't relevant in this case

His defense is self defense under duty to retreat laws, that is why there hasn't been an immunity hearing. If he was using SYG, there would be an immunity hearing, under Florida law, to determine if it was a legitimate claim under SYG law. From there charges would either be dismissed as justifiable or continue to trial.

Had a 1st Sgt, one of many over 20 years, who was on the Chicago 7 jury. When he figured out that what he heard in the courtroom was nothing like what the media claimed, he came to the conclusion that truth is the first casualty in ratings wars. I've seen enough trial by media for myself to take all with a pound of salt. I'm not saying Zimmerman really was defending himself, he should have stayed in the car and kept driving, but I'm not expecting the truth to match anyone's conventional wisdom.

[heaven05]

7. okay

but he's still going to go free

[gejohnston]

8. I don't think so

Florida DAs have a bad habit of leaking stuff to the media when they have a weak case to poison the jury pool. Casey Anthony was a perfect example. I have not seen it happen in this case yet. I picture either justifiable or manslaughter, leaning towards manslaughter.

[Hoyt]

9. Yes, it is relevant, and has been from the start. I'm betting they can't get a conviction because

the jury will have a least one member who is a bigot -- and who worships guns -- who will think Trayvon was a threat to poor old Zimmy.

And yes, I know FBI has supposedly found no evidence it was a hate crime. But, anyone who is honest knows that Zimmerman would not have gotten out of his car had he not had a gun and Trayvon were white.

Hope I'm wrong about the jury.

[gejohnston]

10. He isn't using it as a defense, there has been no SYG hearing

that makes it irrelevant.
Most of Florida, unlike your part of Georgia, is Long Island/New Jersey south. It is not the old south.

[Hoyt]

11. There will be plenty of testimony that poor old Zimmy felt threatened?

Zimmerman' attorney is going to try to produce enough doubt by saying poor old Zimmy was threatened by this unarmed teenager who didn't get on his hands and knees when "officer" Zimmerman approached.

They will attempt to show that Zimmerman had the right to shoot to keep from being beaten into an inch of his life. It's BS, but that's what will happen.

Sorry, but the locality where Trayvon was shot for no reason is inhabited by plenty of bigots. Ask your buddies in the gungeon who know.

[frylock]

13. Zimmerman defense lawyers won't argue 'stand-your-ground' in Florida shooting case

The attorney for the man who shot and killed unarmed Florida teenager Trayvon Martin said Monday he'll seek to get the case dismissed using a traditional self-defense argument and not the state's "stand your ground" statute.

Mark O'Mara, who is defending George Zimmerman against a second-degree murder charge in the fatal February shooting, said the traditional self-defense approach is appropriate because the facts suggest his client couldn't retreat from a beating Martin was giving him.

Zimmerman's attorneys had said last week that they would use Florida's controverial "stand your ground" law, which allows people to use deadly force -- rather than retreat -- if they believe their lives are in danger.

"The facts don't seem to support a `stand your ground' defense," O'Mara said.


Read more: http://www.foxnews.com/us/2012/08/13/zimmerman-defense-lawyers-wont-argue-tand-your-ground-in-florida-shooting-case/#ixzz254Fc5W3C

[slackmaster]

15. frylock, you are a party-pooper for posting verifiable information and interrupting Hoyt's rant

[Hoyt]

18. Actually, it bolsters my belief that self-defense in Zimmy's case is SYG defense.

[Panasonic]

20. SYG is irrelevant

the Defense decided not to run a SYG defense.

[slackmaster]

21. This isn't going to be an SYG case. The defense MAY make a pre-trial motion to dismiss...

...because they have nothing to lose by doing so, but I don't believe it will fly.

I expect a more traditional common-law self-defense defense.

[Hoyt]

22. Right, defense is still going to say the reason Zimmy killed the unarmed teen is self-defense.

Last edited Fri Aug 31, 2012, 11:49 AM - Edit history (1)

The attorney representing the murderer may not quote the SYG law -- that was bought and paid for by the right wing gun community, including the NRA -- but will assert Zimmerman had no choice but to shoot the unarmed teenager.

Hopefully, the prosecution will counter successfully (assuming the facts are as we know them) that Zimmerman targeted the unarmed teenager; stuck his gun in his pants; got out of his car (which he would not have done without his gun); stalked the unarmed teenager; provoked the unarmed teenager; and shot the unarmed teenager in cold blood. And that while Zimmerman may have thought he was defending himself against the unarmed teenager under applicable Florida laws, he was simply wrong and should have paid more attention to what Florida and other similar laws state.

The problem is that those who think state SYG laws allow you to shoot someone who "kicks sand in your face" (a la Charles Atlas) are wrong. Zimmerman thought he was safe under SYG laws. Unfortunately, Zimmy will ultimately get off if only one juror in this -- and any subsequent trials -- is bigoted enough, and into guns enough to like the idea of being able to "stand one's ground" against armed or unarmed "thugs" or just someone who pisses one off for some reason.

This is a SYG trial in many respects. In fact, because of the SYG laws (and the confusion over whether SYG should allow someone like Zimmerman to shoot an unarmed Black teenager in a hoodie), Zimmy was not originally charged and likely would not have been if people hadn't have raised hell.

In any event, Zimmy's attorney will throw out all kinds of theories to get Zimmerman off -- and he'll use SYG right up to the point that the judge says "no more."

[slackmaster]

23. There's a whole lot wrong with your post but you managed to use the word "unarmed" nine times.

That must be some kind of record. The word has been tossed around a lot in discussions about this tragic case even though it is actually irrelevant.

The defense is going to claim that Zimmerman's initial pursuit (following, stalking, however you want to spin it) of Trayvon Martin had ended, and that Trayvon attacked Zimmerman without any legal justification.

It will come down to whether or not the prosecution can punch enough holes in Zimmerman's story to remove any reasonable doubt in the minds of the jurors that Zimmerman willfully killed Trayvon with malice aforethought.

The defense need only maintain a reasonable doubt about Zimmerman's state of mind. The prosecution has a very tough job ahead of it. Of course Zimmerman created the whole situation and is morally responsible for a needless death, but he could very well be acquitted of murder.

[Hoyt]

24. Trayvon was unarmed and Zimmerman was -- that's a fact. Zim never would have pursued him otherwise.

[slackmaster]

25. That's speculation

[Hoyt]

27. We certainly wouldn't want to "speculate" on anything regarding Zimmerman. He's a fine young man.

A fine young man, who just happened to grab his gun, chase an unarmed teenager, and shoot him square in the chest -- while expecting the local police, Florida gun laws, etc., would see things his way.

[csziggy]

19. I don't think they wanted to risk SYG under Judge Lester

But may now try it under this one.

From the link in the OP:

Nelson will now be the judge who must decide whether Zimmerman, who is charged with second-degree murder, is entitled to immunity under Florida's much-debated "stand your ground" law, which allows anyone with a reasonable fear of imminent death or great bodily injury to use deadly force against an attacker.

Defense attorney Mark O'Mara has said he would likely schedule that hearing next year.

"It will take a tremendous amount of judicial courage at this point to throw the case out following an immunity hearing," said Winter Park criminal defense attorney David Faulkner. "My guess is that any judge, Judge Nelson or otherwise, is going to let a jury decide this issue for the benefit of the public."

[JDPriestly]

12. I thought I read that he had requested a SYG hearing and then a continuance.

True. I think there was enough evidence in the phone calls to require him to stand for a hearing and probably a trial, but who knows what evidence will be presented (and excluded) at the trial if there is one. He may plead. That would not surprise me either.

[gejohnston]

14. I haven't seen that

What I'm wondering is if the evidence doesn't support SYG, mentioned in your other post, but they are using DTR defense. I don't think he will plead. I think he is saying "the media made up a bunch of shit and I'm going to prove my innocence". Just my guess. Not saying I think either way, I take much of what the media says with more than a grain of salt. When it comes to trials by media, I ignore what it says and eschew the conventional wisdom or wisdoms in this case. We have our conventional wisdom, the right has theirs.
If he doesn't claim SYG, there is no hearing and it goes straight to trial. That is what is going to happen. Whatever the result is, I only care that it is just and correct either way.

[JDPriestly]

28. Provided that the judge does not exclude too much evidence, a trial, regardless of the

outcome, will provide better understanding for the public about what happened. This is especially important for Trayvon Martin's parents. I cannot imagine the pain that they have suffered as a result of losing their son in this fashion. At least, if there is a trial, they will be able to piece together a narrative for themselves. We never know the objective truth about events like this, but we can only find peace if we can figure out what happened and at least stop our minds from asking endless questions and wondering "what if?" The mental anguish combined with the loss of the comfort and hope for a child . . . . What can I say? The thought of it is just devastating.

[gejohnston]

29. True.

[fascisthunter]

17. Ah... but you are right that is WHY he is being defended!

because that is his defense.

And no, he will not get away with this.

[davidpdx]

16. It sounds like asking for a new judge was a bad idea for the defense

This gal maybe tougher than the other judge.

[dballance]

26. Seems Zimmerman might not have gotten what he wanted

From what I can tell Zimmerman might have just screwed himself. Apparently judge Nelson is a very fair but stern jurist. Hope you are liking that Zimmerman.