07-13-2012, 05:21 PM
News13
SANFORD
George Zimmerman's attorneys want to disqualify the judge who is presiding over his second-degree murder trial.
The motion filed Friday says Zimmerman "has a reasonable fear that he cannot get a fair trial or a fair stand your ground hearing by this court."
yep, the motion for a hearing is coming.
The motion specifically mentions the new bail Judge Kenneth Lester set for George Zimmerman earlier this month. The motion says Lester made disparaging remarks about Zimmerman's character, says he should be "prosecuted for additional crimes," and is holding the threat of future contempt proceedings over Zimmerman's head.
The judge revoked Zimmerman's first $150,000 bond, and had him rearrested after he allegedly misled the court as to how much money he had available in a fund for his defense.
The motion also says the court is not weighing any evidence of Zimmerman's innocence in the case when determining bond, other than to say "the only issue is the viability of the defendant's self-defense/Stand Your Ground claim" but they also accuse the judge of not discussing that issue either.
The motion also says:
"The court departed from its role as an impartial, objective minister of justice when it stated on two occasions in its order that in the court's personal opinion there is probable cause to believe that the defendant committed a violation of Florida Statute 903.035(3), a third degree felony punishable by five years in prison. This is tantamount to instructing the state that Mr. Zimmerman should be prosecuted for this offense."
the citation:
FS 903.035(3)
Any person who intentionally provides false or misleading material information or intentionally omits material information in connection with an application for bail or for modification of bail is guilty of a misdemeanor or felony which is one degree less than that of the crime charged for which bail is sought.
SANFORD
George Zimmerman's attorneys want to disqualify the judge who is presiding over his second-degree murder trial.
The motion filed Friday says Zimmerman "has a reasonable fear that he cannot get a fair trial or a fair stand your ground hearing by this court."
yep, the motion for a hearing is coming.
The motion specifically mentions the new bail Judge Kenneth Lester set for George Zimmerman earlier this month. The motion says Lester made disparaging remarks about Zimmerman's character, says he should be "prosecuted for additional crimes," and is holding the threat of future contempt proceedings over Zimmerman's head.
The judge revoked Zimmerman's first $150,000 bond, and had him rearrested after he allegedly misled the court as to how much money he had available in a fund for his defense.
The motion also says the court is not weighing any evidence of Zimmerman's innocence in the case when determining bond, other than to say "the only issue is the viability of the defendant's self-defense/Stand Your Ground claim" but they also accuse the judge of not discussing that issue either.
The motion also says:
"The court departed from its role as an impartial, objective minister of justice when it stated on two occasions in its order that in the court's personal opinion there is probable cause to believe that the defendant committed a violation of Florida Statute 903.035(3), a third degree felony punishable by five years in prison. This is tantamount to instructing the state that Mr. Zimmerman should be prosecuted for this offense."
the citation:
FS 903.035(3)
Any person who intentionally provides false or misleading material information or intentionally omits material information in connection with an application for bail or for modification of bail is guilty of a misdemeanor or felony which is one degree less than that of the crime charged for which bail is sought.