tag:blogger.com,1999:blog-19039943.post7637207243238216233..comments2024-03-28T23:00:25.050-04:00Comments on THE BLOG: SECOND DEGREERumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger47125tag:blogger.com,1999:blog-19039943.post-40583356757363641092012-04-16T16:35:06.613-04:002012-04-16T16:35:06.613-04:00BDTD
At one time some years ago I was a governmen...BDTD<br /><br />At one time some years ago I was a government lawyer. However, my present endeavors do not permit me to take on private defense cases.<br /><br />4:07<br /><br />PS This is getting to be such a regular event, maybe I should take on a nom de plume.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-83969812221684164842012-04-13T20:03:17.941-04:002012-04-13T20:03:17.941-04:00When Zimmerman caught up with trayvon, he grabbed ...When Zimmerman caught up with trayvon, he grabbed him, and trayvon hit him. When z was getting the downside, he got mad, pulled the gun, and threatened the kid. The kid called for help. Z was pissed and lost it. Why? Because he doesn't even meet the standards of the typical sociopathic, not so bright, bully cop sufficient to get into a police academy. And, by the way, the cops could have avoided all of this by telling Z not to pursue him instead of saying "you do not have to do that.". Shame we have to lose two kids over this.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-69381329989631845772012-04-13T19:15:45.006-04:002012-04-13T19:15:45.006-04:004:07........I appreciate the thoughtful response a...4:07........I appreciate the thoughtful response and understand and am tempted to agree with your latest comments re how the case plays out. There are some judges out there, however, who would do the right thing. Who knows if one will decide this case. <br /><br />Tough situation with no right answer. I remain convinced that the law needs to be rewritten and narrowed.<br /><br />BTDT<br /><br />PS---you peaked my curiousity regarding your comment about why you can't take the case. Are you a government lawyer?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-53269582075402777692012-04-13T10:52:30.725-04:002012-04-13T10:52:30.725-04:00The Return of the Onion Peeler and his take on the...The Return of the Onion Peeler and his take on the Zimmerman case: A neighborhood watchman tired of crime in the community he lives in, a cop wannabe with a concealed firearm permit, approaches an unknown black teen in his complex where he has the tacit approval of the management of the complex to do crime watch. He has contacted local police 46 times and has never used his gun.The teen confronts the plain clothes guard about why he is being followed. He is a black teen from one of the worst crime ridden counties in the nation and from Miami Gardens, a 3 bedroom ranch house community, all black that looks harmless but is like east LA, full of murder and drivebys. He probably has known friends killed, maybe been a violent crime victim himself(probably), and more likely than not notwithstanding no conviction record probably has done some "things". He was wearing a hoodie and call is profiling but nice decent well mannered men do not have their "pants on the ground" and wear hoodies and get into a fight and beat up a man because he approached him while he was walking at night at a complex the watch man knows he does not live at. Zimmerman was beaten. Zimmerman appears to be angry, may have profiled based on what 911 call says, probably frustrated and who isn't anxious to use a gun if they go through the trouble to buy one and get training and a concealed weapons permit. I don't want to have to use a gun on someone so I don't carry one. These 2 forces converge and a tragedy occurs, 40 times a day in the good old US of A, 15000 a year. You'll notice that the Reagan shooting in 1981 did not lead to gun control, the Taylor murder case did not lead to it so perhaps this is the case where the nation is finally getting fed up with gun violence and will do something about it. It is nice to see the African American community finally starting to demonstrate sincere frustration with the hundreds of African Americans murdered every year by gun violence. The elephant in the room is that the number one cause of death for a black male in the U.S. under age 25 is murder, usually by another African-American. If it takes the racial overtones of this case, the shooter multiracial white/Hispanic to finally get the African American community off their asses and stop tolerating murder in their community then that will be the only good to come out of this case. One piece of good news is that attorney O'Mara has class and will not turn this case into the circus the Anthony case was, however the odds are the money will run out and he will end up with court appointed counsel 3 years from now, or O'Mara will be fired if he does not do something Zimmerman wants. Zimmerman will be a difficult client because he has already talked too much, to Sean Hannity, the police, the prosecutor, and has probably given more evidence to the state from his own mouth that existed from the shooting which had perhaps 2 partial witnesses. Only a great attorney will know what strings to pull to avoid a trial and get a plea of 8 years for manslaughter and I do not think O'Mara is in the great league, he is a starter on a pro team but not an all-star. Zimmerman needs an all-star. Onion out. P.S. Prediction: manslaugher plea , 10 years prison.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-76058876206915008362012-04-13T10:40:16.218-04:002012-04-13T10:40:16.218-04:004:07 here. BTDT - personal point well taken and I...4:07 here. BTDT - personal point well taken and I stand appropriatley redressed. Yes, I am a member of the Florida Bar, but I can not offer my services, and it is not because of money.<br /><br />DS - I have no doubt that any PD would not be a PD, if they did not want to win, and did not want to do the best they can.<br /><br />However with all that said, let me ask one question - Do you think you are a better lawyer than some in your office? If so, that is what concerned me about the 9th office. I know that office and as dedicated as they are, they don't have the experience and the abilities of many of the PD's here. As Einstein said: "Everything is relative."<br /><br />This guy needs, and hopefully with Mara will get, a top notch defense. It is highly unlikely anyone can win a "stand your ground" motion. No judge (and here is the problem with electing them) with any human thought process is going to take on the responsibility of setting Zimmerman free, when he/she can pass it on to a jury.<br /><br />This is a trial. A trial with as much, if not more, emotion than we have seen (including Kasey Anthony) in a long time. With this particular State Attorney, it will be a rockem' sockem' knock-down battle, because she will pull out all of the stops and employ every resource available to her.<br /><br />How about voice recognition for the scream? Who was screaming on the phone? Was it Zimmerman? Was it Martin? How about forensics and reconstruction of the events? You see what I mean? This is going to be very expensive and time consuming on both sides.<br /><br />As we said in Chicago in 1968: "The whole world is watching!"Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-28050471743329925132012-04-13T09:32:40.975-04:002012-04-13T09:32:40.975-04:00There are good and bad attorneys at the PD's o...There are good and bad attorneys at the PD's office just like there are good and bad attorneys anywhere else. Move on....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-28960185130556535762012-04-13T07:32:57.683-04:002012-04-13T07:32:57.683-04:00I was responding to 1030s statement;
Really - is t...I was responding to 1030s statement;<br />Really - is there anybody that would say Martin's reaction was appropriate? <br /><br />I could see a senerio where his actions are 'understandable' for a 17 year old buy in a strange neighborhood, approached by a stranger in an aggressive manor( law enforsement style) and reacting from fear.<br />407:<br />I usuallly have a thick skin about PD comments, hear so many from clients and their family.'I/we could only aford a REAL lawyer he'd be out, you work for/with the State,But from Attorneys who have been around it is insulting.<br />No I do not know the APDs in the<br /> 9th Circuit.I do assume like any good Lawyer, they would want to win. That the PD would assign their best to the case.<br />I do agree it does seem like mob justice , lets just string him up, and his lawyer.<br />DSDS sez:noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-6804309501642679232012-04-13T06:39:44.114-04:002012-04-13T06:39:44.114-04:00Isn't "profiling" a term usually res...Isn't "profiling" a term usually reserved for when law enforcement officers stop someone based on their race or perceived skin color or nationality? <br /><br />Is it illegal for a private citizen to profile another private citizen?<br /><br />I guess the prosecutor is saying that this is a "hate crime" in way too many words. Methinks the charging document contained way too inflammatory words, solely to appease the public.<br /><br />Even Trayvon's mom thinks this was an accident. <br /><br />My guess? Zimmerman pleas to something less than what he is charged with. Maybe he does a bit of time, but not too much.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-61634236468014241562012-04-12T22:35:26.618-04:002012-04-12T22:35:26.618-04:00Do you Miami lawyers think you can come up here to...Do you Miami lawyers think you can come up here to Florida with your shiney suits and big city ways and get a verdict other than guilty? <br /><br />Really, lawyers from Orlando get run out of Seminole and Brevard, how do you think some city slicker is going to fair. Our jurors aint your jurors.Kissimmee Kidnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-4620687800191458012012-04-12T22:22:55.163-04:002012-04-12T22:22:55.163-04:00Speedy demand all day... Totally agree that's ...Speedy demand all day... Totally agree that's the best strategy. While I'm commenting on this blog for the first time I just want to say that that PD commenting earlier is a little whining bitch. That is all..Underpaid ASAnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-59754972339365900392012-04-12T22:15:22.970-04:002012-04-12T22:15:22.970-04:00Where is the FAKE Real Former Judge?Where is the FAKE Real Former Judge?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-65806678832189307952012-04-12T18:37:24.769-04:002012-04-12T18:37:24.769-04:00If I was Zimmerman's attorney I'd honestly...If I was Zimmerman's attorney I'd honestly file a speedy demand ASAP. The SYG will be denied out of fear, and the appeal will be upheld. State won't get it's ducks in a row and honestly, this comes down to the jury believing Zimmerman or not.Anonymous ASAnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-22111640950050135652012-04-12T18:17:11.041-04:002012-04-12T18:17:11.041-04:004:07........I see that you're walking back you...4:07........I see that you're walking back your comments on the PDs and appreciate that. I am amused, however, at how you're attacking those of us who were offended by them. Take your own advice and think about what you said. You sound like a smart guy; you should understand our responses.<br /><br />BTDT<br /><br />PS---I find it your comments about our supposedly not stepping forward amusing as well. What are you doing? Are you a lawyer? Why don't you handle the case. Most of us have families and can't afford the financial hit of committing the time necessary to handle a case like this pro bono. That makes us bad guys? Laughable.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-50647745886061872182012-04-12T18:04:07.849-04:002012-04-12T18:04:07.849-04:00Mark,
Cefalo and his kiss-ass was asking you whet...Mark,<br /><br />Cefalo and his kiss-ass was asking you whether there was a mandatory sentence in the ZIMMERMAN case and you said NO. Don't try (disguised as the Captain) to make it look as though you meant to say that 2d degree w/o a FA was what you were talking about. Cefalo, Munoz, and the regular joes who don't practice criminal law don't know the difference and they THINK you're an expert. Study a little before you make your media appearances.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-83089404144963403682012-04-12T17:54:46.609-04:002012-04-12T17:54:46.609-04:00Cap,
I apologize for the spelling error, but, yes...Cap,<br /><br />I apologize for the spelling error, but, yes, Jeff was my friend. I would never claim to be anywhere near as principled as Jeff was, although I wish I were. I have stated so to his son on more than one occassion. Stick that one in your self-righteous egomaniacal craw and chew on it.<br /><br />The debate was reframed by DS as being about my so-called criticism of PD's in general and taken personally by him. In my response I was trying to point out that the criticism of the PD in that Circuit was fair.<br /><br />But you go ahead and take it out of the context it was intended, if it somehow makes you feel better about yourself.<br /><br />Yes, Zimmerman has private counsel. And yes, I would like to see someone step up, not half the private bar of Miami-Dade. Yet another exageration to avoid the issue I really was raising.<br /><br />If there was ever a guy who is the target of a formalized lynching, it is Zimmerman. My ultimate point was that justice is not the result of the process, but the process itself.<br /><br />And what is wrong with proving a point. If I could go help, I would, but I can't. Not because I am afraid, but because I literally can not.<br /><br />I may not be a Jeffrey Samek, but because you can not see past your own feelings of superiority, you sir are no Rumpole.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-73555403190682902582012-04-12T17:54:31.063-04:002012-04-12T17:54:31.063-04:00No Abe did not pray with victims. He was too profe...No Abe did not pray with victims. He was too professional to do that.<br /><br />I have to wonder what I would have done if when I was a prosecutor, some victim came in and asked me to pray with him or her?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-53635864706710728422012-04-12T17:51:01.993-04:002012-04-12T17:51:01.993-04:00Are you saying the law permits me to follow, harra...Are you saying the law permits me to follow, harrass threaten an unarmed child and then shoot and kill him if i start losing a fight i instigated?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-41228751944705093642012-04-12T17:32:54.206-04:002012-04-12T17:32:54.206-04:00Query:
To Abe Laeser ....
I am wondering whether...Query:<br /><br />To Abe Laeser ....<br /><br />I am wondering whether you ever met with the victim's family in a homicide case, for the first time, and before you did anything else, you immediately sat down and prayed with them?<br /><br />Did you hear Ms. Corey make that statement during her press conference yesterday? Your thoughts on that?<br /><br />Cap Out .....CAPTAIN JUSTICEhttps://www.blogger.com/profile/12179932096244679236noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-46855224311610159312012-04-12T17:28:18.709-04:002012-04-12T17:28:18.709-04:00to 4:07 PM:
Jeffrey SAMACK was a "friend of ...to 4:07 PM:<br /><br />Jeffrey SAMACK was a "friend of yours"? If so, then you would know that<br /><br />Jeffrey SAMEK is how he spelled his name. Jeffrey was a friend of mine, I knew Jeffrey Samek, and you sir, are no Jeffrey Samek.<br /><br />What does the quality of the PD's office in the 9th Circuit have to do with this case? Zimmerman hired a private attorney, board certified, practicing for 30 years. He is in good hands.<br /><br />Would you like half the criminal defense bar in Miami to drop their practice and move to Orlando and help Mr. O'Mara out just to prove a point?<br /><br />To 2:57 PM:<br /><br />The Second Degree Murder charge, by itself, FS 782.04, does NOT have a MM sentence. (Remember one could kill without a firearm and be charged and convicted of second degree murder).<br /><br />Only when the State adds the separate FS 775.087 to the Information does that add the elements under 10-20-LIFE and the case becomes one where, if convicted of Second Degree Murder, as charged, he would then have to receive at least 25 years.<br /><br />Cap Out .....CAPTAIN JUSTICEhttps://www.blogger.com/profile/12179932096244679236noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-45553285740829128842012-04-12T16:57:00.227-04:002012-04-12T16:57:00.227-04:00DS -
I don't buy the girlfriend's accoun...DS - <br /><br />I don't buy the girlfriend's account - the phone should have remained on if her story is true...I suppose the phone records and 911 calls will back up the timing...but even if she is telling the truth...<br /><br />You are telling me that it is acceptable to attack a stranger who you think may be following you...because you are from Miami?<br /><br />How is that self defense?<br /><br />So do I get to haul off and hit anybody that now approaches me at night? <br /><br />What about plain clothed security guards in the Wal Mart parking lot? <br /><br />What about homeless dudes asking for money in front of the REGJB after I leave court??? <br /><br />How about the strange looking dude following me in the alley behind Lost Weekend as I'm walking to my car who ends up just being a PD crying because his girlfriend is hooking up with a strapping ASA (okay, I stole his GF, but so what?)? <br /><br />Can I viciously attack those people and not expect them to defend themselves?<br /><br />My point is that the fight never should have happened, but it did. <br /><br />Once it started, the guy had a right to defend himself, unless you think having your head bashed against concrete is not a basis for self defense.<br /><br />Self-hating whites and people who think all white people are prejudiced don't believe that Martin did any of that - nor do they recognize that he may be a little more violent than the picture of him as a boy (very old picture) portrays.<br /><br />Of Course nobody is looking at this based upon appearances, so why does it matter whether the press puts up a picture of an innocent looking boy, or a dude with a grill advocating violence against others on Twitter?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-54017705679221943862012-04-12T16:29:22.010-04:002012-04-12T16:29:22.010-04:00Captain, I love your cynisismCaptain, I love your cynisismAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-14963847644866290492012-04-12T15:57:21.274-04:002012-04-12T15:57:21.274-04:00Here is the ultimate fact:
There is only one pers...Here is the ultimate fact:<br /><br />There is only one person alive who knows exactly what happened that night. George Zimmerman.<br /><br />Unless the physical evidence is wholly inconsistent with his version of the events, how can they convict him, unless his statement is somehow incriminating?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-36183994625182142752012-04-12T15:54:29.421-04:002012-04-12T15:54:29.421-04:00Obviously Cap is screening the responses. What is...Obviously Cap is screening the responses. What is the matter Cap, no one is supposed to contradict or put BTDT in his/her place. Print my response.<br /><br />4:07Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-9936538467574676412012-04-12T15:51:20.500-04:002012-04-12T15:51:20.500-04:0010:22: there is no need to insult Bob Pardo like ...10:22: there is no need to insult Bob Pardo like that. Bob is a nice looking guy.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-42265327816888114712012-04-12T15:16:21.460-04:002012-04-12T15:16:21.460-04:00The Captain Reports:
I heard Martin's mother ...The Captain Reports:<br /><br />I heard Martin's mother say on the Today show this morning that she believed the shooting "was an accident". <br /><br />Do you think that was heartfelt?<br /><br />Or do yo think that was Benjamin Crump talking through his client?<br /><br />Remember, that Mr. Crump is the wrongful death attorney in this case and he wants money from the only deep pockets available here. That would be the homeowners policy of Zimmerman and the property liability policy of the homeowners association. A negligent act would certainly be covered under those policies, thus the statement "accident" this morning.<br /><br />Thoughts?<br /><br />Cap Out ....CAPTAIN JUSTICEhttps://www.blogger.com/profile/12179932096244679236noreply@blogger.com