The Mudcat Café TM
Thread #150984   Message #3532662
Posted By: Don(Wyziwyg)T
02-Jul-13 - 06:03 AM
Thread Name: BS: George Zimmerman defense-' Evidence withheld'
Subject: RE: BS: Zimmerman defense-' Evidence withheld'
Here it is!

""Subject: RE: BS: Zimmerman defense-' Evidence withheld'
From: Richard Bridge - PM
Date: 06 Jun 13 - 02:48 AM

Bah. Why don't people look shit up. From Cornell University: -

"Upon a defendant's request, the government must permit the defendant to inspect and to copy or photograph books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items, if the item is within the government's possession, custody, or control and:

(i) the item is material to preparing the defense;

(ii) the government intends to use the item in its case-in-chief at trial; or

(iii) the item was obtained from or belongs to the defendant".



So in the present case the key question is whether the item is material to preparing the defence. While the material MIGHT be evidential of Martin's character, it seems to me that that what may be in issue (that is not the same thing as what will necessarily be in issue) is what Zimmerman reasonably believed Martin's intentions to be that night. It is very hard indeed to see how month-old photos that Zimmerman had never seen could influence Zimmerman's belief on that night.

It looks to me therefore as if the photos were not discoverable.
""

Don T.