George Zimmerman’s defense attorney Mark O’Mara is scheduled to face off with Circuit Judge Kenneth Lester for the first time since O’Mara has asked for his recusal. Honorable Judge Lester will hear motions on at least two issues. One will be the matter of Prosecutor Bernie de la Rionda’s request for additional medical records and the other is to decide whether Judge Lester will allow Zimmerman to travel outside of Seminole County. It’s not yet known if George Zimmerman will personally attend. The hearing is set for today at 8:30 am.
State Requested Additional Medical Records
According to gzlegalcase.com George Zimmerman through his counsel Mark O’Mara has filed “Notice of Objection to Subpoena“ objecting to the State’s request for additional medical records. In the notice O’Mara asserts lack of relevance. O’Mara has agreed to review the records and would prefer that he decide as what is relevant to the case.
In response, Assistant State Attorney Bernie de la Rionda agreed that several pages have been provided so far concerning Zimmerman’s treatment at the Altamonte Family Practice on February 27 but he is seeking notes, photographs, X-Rays, CT scan, MRI or anything else related to his treatment that day after the shooting. The State wants to make sure no other records exist.
De la Rionda went further saying at various times Zimmerman and/or his attorney “have asserted that the Defendant’s head was repeatedly beaten into concrete, and that he sustained some injuries to his head, and a broken nose after the struggle with Trayvon Martin on 2/26/2012.”
He said, “the records provided by Altamonte Family Practice describe what Defendant claims happened when he came in contact with Trayvon Martin, as well (as) treatment administered by a physician assistant,” and they refer to Zimmerman being informed that he should be seen by an ear, nose and throat doctor, which he refused to do.
George Zimmerman Asks to Leave Seminole County
Also expected in Friday’s hearing, Judge Lester will rule on another issue. Attorney Mark O’Mara has requested in a motion filed today to ask the court to allow George Zimmerman to leave Seminole County.
It was ruled by Circuit Judge Kenneth Lester in his second bail order that he, George Zimmerman reside within Seminole County. Defense attorney Mark O’Mara says that this ”has had an ongoing, deleterious effect on his ability to assist in the preparation of his own defense.” He is asking Lester to modify the conditions of Zimmerman’s release and lift the restriction requiring him to live in Seminole County.
Mark O’Mara further complained that communications have been “unnecessarily” limited to telephone calls and his occasional visits to Zimmerman’s safe house.
“Will Judge Lester Continue to Preside?”
On July 13, George Zimmerman’s attorney Mark O’Mara petitioned the court to disqualify Judge Kenneth Lester Jr. In a Motion to Disqualify Judge Kenneth Lester O’Mara sought to recuse the presiding Judge because of the wording he used to describe George Zimmerman’s character.
After reading the July 5th “Order Setting Bail” Mark O’Mara said his client George Zimmerman questioned the judge’s ability to be objective and was particularly concerned with Judge Lester’s description of Zimmerman’s character which O’Mara described as containing “gratuitous and disparaging” remarks. In response, Judge Lester did not directly address that accusation but he did say that the motion to disqualify him was “legally insufficient” and he refused to step down.
In a last ditch effort, defense attorney Mark O’Mara filed a Writ of Prohibition petitioning the Fifth District Court of Appeal to review the trial judge’s refusal to remove himself from the case, after the defense requested it citing what it considers bias against their client. This matter is still pending.
George Zimmerman is due to stand trial on charges of 2nd Degree murder in mid-2013 for the fatal shooting an unarmed 17 year old teenager named Trayvon Martin.
Sources:
All Motions
http://www.flcourts18.org/presspublic.html
Order Dismissing Defendant’s Motion to Disqualify
http://www.flcourts18.org/PDF/Press_Releases/Order%20Dismissing%20Defendant’s%20Motion%20to%20Disqualify%20Trial%20Judge.pdf
Order Setting Bail
http://www.flcourts18.org/PDF/Press_Releases/SKMBT_363-V12070607100.pdf
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TheJBMission~
