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Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, June 12, 2013

Zimmerman Trial Jury Selection

In day three of the George Zimmerman trial, attorneys have interview over two-dozen potential jurors. At least 70 jury candidates were dismissed.

Potential jurors have revealed they’ve had some kind of exposure to the details in the shooting.

The father of Trayvon Martin, the Florida teen who was shot and killed by Zimmerman in February 2012, said his family was encouraged so far by what they had seen in the jury selection.

Former federal prosecutor Kendall Coffey spoke to Rev. Al Sharpton on MSNBC’s “PoliticsNation” to discuss the deciding factors in the jury selection process.

Mr. Coffey said it would be challenging to find people who could be fair and haven’t been influenced by what they have seen already.

 “People that are basically gun owners are going to be much better jurors for the defense. People on the other hand people who just aren’t comfortable with the idea of guns and violence, that think that something has to be done about it, those are going to be the best people for the prosecution,” said Kendall Coffey.

No decision has been made on whether the voice experts can testify about the screams in the 911 call made during the confrontation.

Martin’s family believes it was the teen that was screaming for help, while it was Zimmerman’s father saying it was his son. Audio experts have given mixed conclusions.

Zimmerman has pleaded not guilty to a second degree murder charge, telling police he fired the fatal shot that killed Trayvon Martin in self-defense during a fight initiated by 17-year-old.

Friday, June 7, 2013

Analysis of 911 Call in George Zimmerman Trial

An FBI speech scientist testified in court today that current technology couldn’t determine the voice on a 911 tape being used in the George Zimmerman trial. The recording is a critical piece of evidence to determine who was screaming for help just moments before Florida teen Trayvon Martin was killed in February 2012.

If the screams were Zimmerman’s, it would support his claim of self-defense. If they were Martin’s it would weaken Zimmerman’s claim that he felt his life was in jeopardy when he shot the unarmed victim. Zimmerman says he acted in self-defense after Martin punched him in the face, knocked him to the ground and threatened to kill him.

“It’s a critical piece of evidence for the prosecution,” Kendall Coffey, a former Miami U.S. Attorney, said in a phone interview. “If the prosecution can convince the jury that it is the voice of Trayvon Martin, the jury might conclude that Trayvon Martin is the true victim and George Zimmerman is the killer.”

Coffey believes the prosecution’s strategy would involve following what Zimmerman says and if he is untruthful. For the defense strategy, Coffey believes the best strategy would be to argue that the new technology isn’t sufficient scientific acceptance and expert testimony.

Among the other things the judge has to sort out in this trial, there are other twists and turns. Coffey says the standard for whether you admit evidence based on new technology may be about to change as of July 1 in Florida.

Zimmerman’s trial is scheduled to begin on June 10, but lawyers are in court this week to determine the rules for the proceedings.

Thursday, May 30, 2013

George Zimmerman Trial Update

A judge has rejected a motion to delay the second-degree murder trial of George Zimmerman, the man facing murder charges in the death of Florida teenager Trayvon Martin.

According to reports, Zimmerman’s attorneys needed more time to research one of the state’s witnesses. 
Circuit Judge Debra. S Nelson says both sides have had enough time to prepare. Jury selection is set to begin on June 10.

Nelson also denied the state’s third attempt at a gag order on Tuesday as pretrial publicity generated with a court filing by Zimmerman’s attorney. Attorney’s say the teenager’s text messages show he was “hostile” and had been arguing with someone on the day he died.

Judge Nelson ruled that Martin’s text messages and school records are not admissible; however, she left  the possibility open if the defense could show relevance later during the trial.

In an interview on MSNBC’s “Politics Nation,” Former U.S. Attorney Kendall Coffey says Zimmerman’s attorney is attempting to try the case in the court of public opinion.

“It’s inflammatory, it’s damaging, and frankly potential jurors are going to find it very hard to unsee what they are already seeing on television, the Internet and in newspapers,” said Kendall Coffey.

Prosecutor Paul Henderson says the information could be harmful.

“They only reason that they are including it as evidence that they would like to introduce, when they know that it won’t be introduced, is to try to and taint the jury pool, and to try and change public perception with this information that they have.”

In the interview, Coffey and Henderson discuss the role of the 911 tapes in the case.

Watch the rest of the interview here.

Wednesday, May 1, 2013

Kendall Coffey on the Boston Marathon Bombing suspect



GOP leaders are calling for the Boston Marathon bombing suspect Dzhokhar Tsarnaev to be treated as an  “enemy combatant,” but the White House says Tsarnaev will be Kendall Coffey on MSNBC

Republican Rep. Peter King of New York and GOP Sens. Lindsey Graham of South Carolina, John McCain of Arizona, and Kelly Ayotte of New Hampshire believe it would help authorities gather intelligence.

"By declaring him an enemy combatant, there would be by virtue at least 30 days of unlimited interrogation,” King told MSNBC earlier in the day. King insists once the interrogation is over, Tsarnaev would be tried in a civilian court.

Sen. Dianne Feinstein argues that it would be unconstitutional to do so.

"I do not believe under the military commission law that he is eligible for that. It would be unconstitutional to do that," Feinstein said on "Fox News Sunday."
"Let me say this … one of the great things about America is that we come together at times of trial," said Feinstein. "I very much regret the fact that there are those that want to precipitate a debate over whether he's an enemy combatant or whether he is a terrorist, a murderer, et cetera."

Former U.S. attorney and MSNBC legal analyst Kendall Coffey on Twitter says he agrees with the White House’s decision. Kendall Coffey says you have to be part of an enemy force to be considered an enemy combatant.

“I don’t think being part of a general hatred of the United States is nearly enough…If we start throwing the Constitution out, we’re going to lose the real war for our values.”

"The Obama administration is trying to demonstrate civilian tools are adequate and tough enough to make everybody safe," Kendall Coffey stated, but that has included extending the public safety exception for Miranda rights. Mr. Coffey believes the administration is using this case to establish that “we don’t need to ship everyone down to Guantanamo.”

While liberals and constitutional scholars may not agree, Mr. Coffey said, “the administration may see it as something that’s needed to preserve civilian jury trials.”
Jonathan Turley, a law professor at George Washington University, called Graham’s rhetoric “alarming.” MSNBC’s Chris Matthews asked if he could be swayed by evidence in the future that may possibly show that Tsarnaev is linked to terrorist groups, Turley said “”No. He’s a U.S. citizen. He has presumption of innocence.”