Multiple motions filed by the State of Florida last week are coming to light today. One of the more interesting motions is the “State Motion Regarding The Calling Of A Witness“.
In essence BDLR is filing a motion, in advance of the case even starting, asking the judge to deliver an order, to stop the defense from using the absence of witness testimony to show the weakness in the State’s case.
The motion itself is predictive in nature – meaning the State is predicting the Defense will use a non-called witness against them. Which begs the following question:
What witnesses are optically so valuable to the State’s case that their absence would prejudice a jury?
The list of STATE witnesses holding such a risk value in absence is quite small: Witness #8 aka. Dee Dee obviously tops the list; Followed by Sanford Detective/Lieutenant Randy Smith, and/or, Sanford PD Detective Serino; Then possibly Police Chief Bill Lee.
The risk of Serino or Smith cuts to the arrest affidavit and lack of substantive probable cause. OR, perhaps, because both have knowledge of Miami-Dade School Police Department records of Trayvon Martin they obtained during the victimology report assembly. (which they never used)
Former Police Chief Bill Lee perhaps a risk because of his continued claim that no evidence had ever surfaced which disputed the outline provided by George Zimmerman.
However, the more interesting, and far more likely potential non-witness, to provide the GREATEST risk, and who was key to the state’s case in April 2012, is Witness #8, Dee Dee.
We have said from last April forward the “Character” defined, explained and identified by Martin family attorney Benjamin Crump, called “Dee Dee” would NEVER reach a courtroom.
Why? Because the construct of the narrative she represents is fictitious.
“Dee Dee”, the 16-year-old minor child, puppy love, who was on the phone with Trayvon Martin for 6 hours and 40 minutes (400 minutes), who never contacted anyone post shooting, and who was unknown to both Tracy Martin and Sybrina Fulton prior to March 17th 2012, and who was taken to the hospital during the funeral dates because she was so overcome with grief, is, in actuality, Keyser Soze.
That assembly of deliciously constructed media talking points, that was given the identity of Dee Dee – is 100% BOGUS !
…… AND here’s where it gets blood boiling – THE STATE KNOWS THIS !
Earlier today we were asked by someone closely following the case, and not attached to the defense team, to describe how, or even if, all of the known inconsistencies can be reconciled. Given over a year of following this case, yes, I believe they can; And here is my explanation of how:
Keyser Soze (the character presented by Crump) is a collective figure of partial person(s) associated with the storyline of Trayvon.
On March 19th the now famous phone call with “DeeDee” took place. Tracy, Sybrina, Matt Gutman et al, were on the phone on one end – A 16-yr-old (Francine?) and an 18-year-old woman, who became Dee Dee, along with a parent of the described 16-year-old were on the other end (with other unknown entities).
Crump claims in his affidavit to have parental permission for the call, contact and recording.
Matt Gutman wrote that he interviewed the 16-year-old on at least two other occasions, after the initial 3/19/12 phone call.
Francine wrote (as affirmed by DeeDee in the defense deposition) the statement that stemmed from the call. Dee Dee signed it. This is the statement the Scheme Team used to kick off the narrative and demand an arrest.
The Scheme Team refused to allow “Dee Dee” to talk to Sanford Police authorities. Instead attorney Benjamin Crump claimed he would only present her to the “federal authorities”. Sanford DA Norm Wolfinger then said he would issue a subpoena for Dee Dee to appear at the scheduled April 11th 2012 Grand Jury hearing.
Wolfinger was taken off the case the next day and replaced by Special Prosecutor Angela Corey at the behest and appointment of Florida State Attorney General, and Benjamin Crump friend, Pam Bondi.
Corey appointed Bernie De La Rionda to pursue the case against Zimmerman as lead prosecutor.
On April 2nd, in Miami, after some delay in location, the 18-year-old Dee Dee was picked up by the state investigators and delivered to the apartment of Sybrina Fulton where she gave a sworn statement.
On April 10th in Jacksonville, Angela Corey announced she would file charges against George Zimmerman. He was arrested on April 11th, 2012; Coincidentally the same date the Grand Jury was supposed to be impaneled (Corey cancelled that GJ on April 9, instead deciding to file 2nd degree murder charges without a Grand Jury).
After arrest, and during the following few months, Bernie De La Rionda argued in front of Judge Lester, to protect (with prejudice) the identity of Witness #8 “Dee Dee”, because she was a minor. Judge Lester agreed and ordered all of her identifying information to be sealed. The State even refused to give the defense her address or identifying characteristics of her personage.
Sometime in June/July BDLR became aware of inconsistencies in the claims by Dee Dee during the April 2nd 2012 statement in Sybrina’s apartment.
Some of the known inconsistencies are: Aged 18, never in the hospital, did not actually author the statement of 3/19/12.
On August 2nd 2012, the State flew Dee Dee, and the girl known as “Francine” to Jacksonville for further inquiry. (*note* To date no information has been provided to the defense about this meeting – we only know of its existence from the detective notes in the discovery who transported W8, along with W8 saying she was accompanied by “Francine”)
Whoever Francine is holds enough weight such that the State of Florida would pay for, and expect, their appearance during this August 2nd meeting.
More than likely this is when BDLR found the construct of Keyser Soze.
After the August meeting, and after Judge Lester was removed from the case, during a hearing with newly appointed Judge Nelson, BDLR questioned Mark O’Mara referencing his frustration with the still unknown identity of Witness #8 by saying “are you sure she is a minor”?
A seemingly ridiculous question from the same BDLR who argued previously, albeit to a different judge, to protect her identity based on her age.
Eventually, after much consternation, delays, obfuscations, and judicial stupidity by Judge Nelson, BDLR presented a person he identified as Witness #8 for deposition. However, he protested any video recording of the deposition itself – such that five+ hours of delay were encountered while they sought to get Judge Nelson to affirm the appropriate.
Prior to the deposition BDLR admitted the interviewee never went to the hospital; He claimed she lied. He covered the lie with another manufactured lie about her reasoning was being because of guilt for not attending the funeral, and because Sybrina was present during both interviews 3/19/12 and again 4/2/12.
How could Sybrina be in front of Dee Dee during the 3/19/12 ABC/Crump phone interview, and yet be “ashen-faced” in front of Matt Gutmann at the same time?
She couldn’t. That lie (about reason) was merely to provide cover for the initial hospital lie.
During that defense deposition the
issues lies about the Crump narrative began to surface. The person who appeared for the deposition was 18 (now 19), she was never at the hospital, she did not author the 3/19/12 statement (Francine did), and she travelled to Jacksonville with “Francine” in August 2012.
Further the person at the defense deposition claims not to know who “Francine” is, nor does she know her last name.
Yet she sat with her on 3/19/12, and again travelled to Jacksonville with her in August 2012.
The simplest explanations are usually the most accurate. The person Crump described during his 3/20/12 presser was a fictional character, a Keyser Soze per se.
The 16-year-old present during the 3/19/12 ABC/Crump interview who Crump introduced, and who Matt Gutman followed up with, and who Sybrina described as having met at her apartment after talking to her mother, was not the same person as the 18-year-old who showed up to be interviewed by Bernie De La Rionda on April 2nd.
The defense has met the 18-year-old who said:
….when questioned about her phone being in her name:
“yeah, well, I think it should be now”
…..when questioned about *hearing* the encounter with Zimmerman:
“oh, you want that too”
That person, that 18-year-old, who gave her statement to the State under very suspicious circumstances of 4/2/12, which led to the arrest affidavit issued by Angela Corey…. that person is more than likely the witness Bernie is seeking protections for not putting in the courtroom.
It is the absence of “that witness” that provides the greatest risk of prejudice.