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George Zimmerman Judge May Recuse Herself Over CNN Ties

04/13/12 02:30 PM ET AP

George Zimmerman

SANFORD, Fla. -- The Florida judge overseeing the second-degree murder case involving neighborhood watch volunteer George Zimmerman said Friday that she may have a conflict of interest.

Circuit Judge Jessica Recksiedler said during a brief hearing in Sanford, Fla., that her husband works with an attorney who referred Zimmerman to his current defense attorney. Zimmerman's family originally had asked that attorney, Mark NeJame, to represent Zimmerman but NeJame instead referred them to lawyer Mark O'Mara.

NeJame is a well-known Orlando defense attorney who is serving as a CNN commentator on the case. He previously has represented Casey Anthony's parents and Tiger Woods when the golfer got into a vehicle accident.

The judge asked O'Mara and prosecutors to file motions with their views on the possible conflict before a bond hearing scheduled for next Friday.

Prosecutors say Zimmerman fatally shot Martin in the chest during a confrontation on Feb. 26.

Zimmerman says he shot Martin in self-defense and has pleaded not guilty.

The lack of an arrest for more than 40 days led to protests nationwide.

FOLLOW BLACK VOICES

SANFORD, Fla. -- The Florida judge overseeing the second-degree murder case involving neighborhood watch volunteer George Zimmerman said Friday that she may have a conflict of interest. Circuit Judge...
SANFORD, Fla. -- The Florida judge overseeing the second-degree murder case involving neighborhood watch volunteer George Zimmerman said Friday that she may have a conflict of interest. Circuit Judge...
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HUFFPOST SUPER USER
Ninotchka KS
I am woman; watch me vote.
01:27 AM on 04/16/2012
I'd like to see this judge be changed for another. She has had only one year on the bench. With the two very strong, excellent lawyers, I'd prefer to see a judge with much more experience to handle them.

I remember Judge Ito in OJ's case and because of his lack of experience, with the shark lawyers, made several mistakes.
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HUFFPOST SUPER USER
skibum415
I’m an Independent refusing to follow the herd.
06:12 AM on 04/16/2012
Are you saying previous cases before her bench should be questioned because she's essentially a "rookie"?

Using your logic, Elena Kagan should have recused herself because she was a rookie justice on the Supreme Court. I mean, the lawyer's before her were MUCH more experienced than both of these and there were multiple lawyer's on each side. (Putting aside the fact Kagan fought for the health care laws - or at least directed her lawyers to fight at lower courts while she was Solicitor General.)

Point being, one can make the case she has a conflict of interest but simply saying she's a rookie, sorry, that's all part of the job. It isn't like a judge stays on misdemeanors until her second year and then works her way up to burglaries before finally making it to homicides in her third year.

Judges rotate, it doesn't make a difference what type of case it is. If it is criminal it goes to the criminal rotation if it is civil then the civil judges rotate taking those cases.

Frankly, sometimes a judge is simply stupid (i.e. Ito) but he wasn't a rookie judge. He was just enjoying the lime light and in the presence of it he let justice suffer, in my opinion.
12:51 AM on 04/16/2012
If i was the judge i would wanna separate myself from the political media highlighted farce that this trial is sure to be.
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HUFFPOST SUPER USER
skibum415
I’m an Independent refusing to follow the herd.
06:26 AM on 04/16/2012
Did you read the article? The Judge asked for arguments regarding whether she should recuse herself or remain on the case based upon "6 degrees of separation" she has with CNN.

In theory, all judges have relationships with lawyers who have relationships with news outlets. My understanding is this circuit court has three judges who could hear this case. What's to say the other two aren't in the same position?

This is the entire problem with progressive media like MSNBC and CNN. Al Sharpton and Nancy Grace & others trying the case on national news before it makes it into the court of law. They all should have piped down; letting justice work. We wouldn't have had this question even arise had Nancy Grace kept her pie h0le shut instead of repeatedly playing modified audio encouraging people to believe Zimmerman said a racist term DESPITE her very own network coming out with audio CLEARLY demonstrating Mr. Zimmerman DID NOT USE A RACIAL SLUR. But the truth isn't enough for the woman with "ears that hear perfectly...not needing enhancement." Or the same woman who has "eyes that are 18/20 in this one and 20/20 in this one...I can clearly see he doesn't have any wounds" yet the video provided by the forensics group show he has two distinct gashes....that doesn't stop her though from saying the same thing many nights later.

I won't even get started on Al Sharpton and the MSNBC crew.
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BiznessLady
Stop the GOP/TP War on Women
06:17 PM on 04/15/2012
Still trying to figure out why some White people feel the need to defend others who do racially insensitive, racist and/or bigoted acts.

I don't defend Blacks who are alleged to commit crimes, I will however defend those that are maligned for standing up for justice.

I have a feeling that because Rev Sharpton and Jackson get involved in an issue then others feel that have to choose the other side. Why?
Whether you feel that the Sharptons or Jacksons are relevant, they are there with their boots on the ground supporting injustice regardless of what color it falls on. They come on invitation and not because a camera is there. They bring daylight to issues that are in the dark. Because you so malign them in their acts of striving for social justice, those seeking your favor or who live in certain communities will not benefit from the help they can bring to a situation. BTW that help is in front or behind the scenes.

Luckily many of you in those demographics don't have a need for a Sharpton. But if you get in trouble with the Police and you are Black, Hispanic and/or poor there's no first offender program like George Zimmerman got in 2005. There's no ROR so you can go back to school/ work and can't afford bail. You would have a felony.

Stop pretending there is a level playing field for people of color and women. We still have work to do.
12:55 AM on 04/16/2012
Birds of a feather stick together.
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HUFFPOST SUPER USER
skibum415
I’m an Independent refusing to follow the herd.
06:44 AM on 04/16/2012
(Part 2/2)

FYI, may I remind you that Mr. Zimmerman is hispanic. He identifies himself that way, he looks that way, his voter registration card even shows himself as hispanic. It's only when those like Sharpton, Jackson, and NAACP went looking into his pedigree that they learned he had a Caucasian half so now, it doesn't matter what he looks like, how he views himself, etc. It only matters how you perceive him.

I suppose this is like the President. When he does something good for the black community then he's an African-American President but when he does something that disappoints the black community then he's white or "only half African-American". Last I checked, he described himself as African-American so I think we should take him at his word that while his pedigree may say he is mix raced, he sees himself and relates most with the African-American in him.

You should stop pretending. The more you put people in a box, the more work you will have to do.
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08:42 AM on 04/16/2012
"FYI, may I remind you that Mr. Zimmerman is hispanic. He identifies himself that wy, he looks that way, his voter registration card even shows himself as hispanic."

You don't have to be white to be prejudice. It doesn't matter what race Zimmerman is. He could be green! Zimmerman still racially profiled Martin, then shot and killed the unarmed teenager. Zimmerman's race has nothing to do with the fact that he racially profiled someone, and killed them based on stereotypical bias. Please stop trying to defer to nonsense.
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BiznessLady
Stop the GOP/TP War on Women
01:34 PM on 04/16/2012
I Did not ONCE mention George Zimmerman. I was talking to YOU! People like YOU who feel that they must defend FOOLISHNESS! George Zimmerman's race had nothing to do with the fact that he profiled Trayvon. Black Hispanic cops have profiled me and my family and many of them do not claim to be BLACK either. FYI SPANISH is not a RACE.

Furthermore Black American people don't pick and choose when we want to embrace our Blackness as other people of African ancestry from Hispanic countries may do. I understand for them it is how Whites perceive what being Black is as much as how they feel their cultural ethnicity separates them from us. I am married to one of those Black Hispanic men who is American born and knows that he is Black.

We embrace our POTUS as a Black man At ALL TIMES. To say otherwise shows just how twisted and racist your views on who Black people are and how we think and live are.

Also, People of Peru are not a specific race. They are White, African, Amerindian and a mixture of all of the above. So to say that his Mother is Peruvian doesn't disqualify him as being White.

He PROFILED TRAYVON you don't have to be any particular race to do that.
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fabuloush2s
EverGreen
02:09 PM on 04/15/2012
My opinion is the judge who has been assigned to this case, should remove herself...
The information below is from a retired Judge's HP blog interesting stuff _______________________________________________________________________

Stand Your Ground legislation might better help to understand their plight. The statute warns law enforcement officers that they may not arrest a person for using force unless they "determine that there is probable cause that the force used was unlawful." That admonition is followed by a remarkable intimidation provision that if a court finds the defendant immune, "the court shall award reasonable attorney's fees, court costs, compensation for loss of income and all expenses incurred by the defendant in any civil action brought by a plaintiff."

Bear with me on this. What does that provision mean? Following so closely on the heels of the warning to police officers, does it mean that they can be held liable in civil court, if they decide wrong? In other words, could they be held liable in damages if they had a good faith belief that probable cause existed? Or does it mean that if the Trayvon Martin family sued George Zimmerman that they could be liable to HIM, if the court found that Zimmerman had acted lawfully under the statute? Or both? The statute either deprives law enforcement of their traditional immunity if they act in good faith in pursuing charges, or it discourages wrongful death suits -- or both. If nothing else, this statute and others like it need a fresh look.
04:31 PM on 04/15/2012
SYG has been a accident waiting to happen and I am surprised it hasn't come sooner. Was the SAME FL Legislative session that passed SYG that also passed the Police's 'no knock' warrants.

Always felt those two laws were in conflict and put innocent citizens and LEO lives in jeopardy over what would likely be an inevitable clerical error....
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fabuloush2s
EverGreen
05:00 PM on 04/15/2012
Clerical error liking... someone in the office copied and pasted the wrong provisions into this statue...or the lawmakers in Fl are that stupid?
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HUFFPOST SUPER USER
skibum415
I’m an Independent refusing to follow the herd.
07:04 AM on 04/16/2012
It means the burden of proof in prosecution is higher with SYG cases as is the burden on police to obtain sufficient evidence for arrest. Once one states defensive action. This simply means rather than the person who shot being guilty until innocent (as often is the case) they are presumed innocent until guilty (imagine that).

Should police find things like, eye witnesses who saw something completely contradicting what the defender stated or evidence like a bullet casing 20 yards away from where a supposed scuffle took place. These are things enabling police to charge an individual.

The issue is, if there is no evidence like this and the case is tossed then the city is held liable for court fees, lawyer fees, and any defendant fees/compensation (including defamation). Additionally, the family of the individual who has passed is not eligible to suit for wrongful death because quite obviously, in the eyes of the law, it was not a wrongful death. It would be wrong for the court system to be clogged up with suits such as these especially when, before this law passed, it was the responsibility of the defendant to retain council and pay out of pocket, regardless of which way the verdict went. This is precisely why, in my opinion, as far as civil court goes loser should ALWAYS pay court fees, the lawyer fees for the winner, etc. This would encourage people to think twice before filing frivolous lawsuits (i.e. medical malpractice).
10:21 AM on 04/15/2012
Now I know WHY Zimmerman was worried..... http://www.huffingtonpost.com/2012/04/14/burglary-suspects-claimed-steve-irwin_n_1425629.html
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HUFFPOST COMMUNITY MODERATOR
hope61
05:06 PM on 04/15/2012
You and Mr.Zimmerman may have the same problem: profilling.
06:01 PM on 04/15/2012
Oh what ever...Its no different than what you or anyone else is doing, so give me a break. If you dont like what I say then dont read when you see my name lol
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06:20 AM on 04/15/2012
nawseeya April 15, 2012 at 5:25am

what on earth? NO ONE WAS there, except George and the EYEWITNESSES. that is proof. sorry if that gets you so riled up

This person thinks it gets me riled up but it doesn't. Was NAWSEEYA there to know for a fact that an eyewitness was present? I am saying NONE of us who read this article and hear news reports were ACTUALLY present but Zimmerman and Trayvon when the incident went down. This article I am commenting on has to do withe the judge recusing herself, for you NAWSEEYA, means a conflict of interest since you seem to think this has to do with an EYEWITNESS which it does not, means she knows someone reporting or on the case and it is not in the best interest of Zimmerman to be associated with or have a fair trial/case any longer. Understand now? or do you need it broken down more for you to understand.
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Judy75201
Ms. "No Limit" Knicker
09:47 PM on 04/14/2012
Oh, yeah, she's got to go. Can't believe she hasn't already recused herself.
06:02 PM on 04/14/2012
Well you no that Florida is the scam capitol of the world
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HUFFPOST SUPER USER
ronruthnik
In awe of life
04:56 PM on 04/14/2012
It's a STRONG self defense position, isn't it? They're all quitting......but, at least they averted riots........for now........This is a lynch mob mentality going on here.
12:01 PM on 04/15/2012
Indeed it is
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HUFFPOST SUPER USER
Ninotchka KS
I am woman; watch me vote.
01:22 AM on 04/16/2012
Sponsored by and complements of fauxx with their divisive reporting! But despite those h8temongers, there was NO violence anywhere, was there?
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HUFFPOST SUPER USER
paulthamec
Proud to have served this great nation ..
04:46 PM on 04/14/2012
The judge is done with this case.
04:09 PM on 04/14/2012
Expect a plea bargain in the case. The defense attorney is saying the right things, and being light on the rhetoric. Figure on a negligent homicide or involuntary manslaughter guilty plea, a recommendation of 2 years time and he serves about 7-8 months. The family accepts it, and settled their civil suit against the housing development.

Conservatives condemn the verdict, saying the prosecution and Zimmerman caved into an angry mob and a sad mistake condemned a man to prison. Afro-American spokesmen call this white Southern Justice as usual, where murders are excused. Legal commentators note that if both sides are disappointed and each says the other had undue influence, it probably makes some sense. Streets in the area are renamed Trayvon Martin way.
HUFFPOST SUPER USER
racerrodig
04:37 PM on 04/14/2012
Good Post and a very likely scenario. I think he gets more than 2 years though. I think he gets 5. The 911 call being large. Now if the prosecutor comes in with security camera video or a witness that is huge, all bets are off.
HUFFPOST SUPER USER
Robert SF
12:14 PM on 04/15/2012
I can't shake the lingering suspicion that you like it that way.
03:41 PM on 04/14/2012
She should be taken off the case, because her husband will encourage her decisions; which will be in favor of zimmerman. Case will be dismissed and zimmerman will walk.
HUFFPOST SUPER USER
dbrett480
03:19 PM on 04/14/2012
What will happen when every witness that has gone to the media go up on the stand? They have told wildly different stories to different people. It will make it easy for the defense attorney; "so were you lying when you talked to the police or when you talked to the media?"
HUFFPOST SUPER USER
racerrodig
04:39 PM on 04/14/2012
One common thread with every witness so far that they all said the shooter stood straight up and was straddling Trayvon's body. Even a law student can prep them properly.
HUFFPOST SUPER USER
dbrett480
07:25 PM on 04/14/2012
Yes, but there are differences in what occurred before.
sergiofrankie
The cruelest lies are often told in silence
09:18 PM on 04/14/2012
If they are telling the truth why does the DA need to prep them?
03:03 PM on 04/14/2012
I don't know anything about this judge-----but I do know that when any case becomes a media sensation---there is nobody within the system who won't somehow be tied to a media outlet.
HUFFPOST SUPER USER
csunbean
02:11 PM on 04/14/2012
We are all in an uproar over the killing of aTrevon Martin with a gun which we should be, but the media is silent on the death of a man in his own yard this week. The weapon was unregisterd and the responsible persons will likely get a 25 dollar ticket. As a nation we need to care about justice for all of our victims and not say some deaths are acceptable or the next death could be your child, dad, wife, or your self.. MURDER BY PITBULLS IS STILL MURDER! Accepting this and marginalizing and forgetting victims is not the answer. Trevon Martin did not deserve to die. Neither did this man. Make some noise people. Share this widely because every human being should valued . http://www.youtube.com/watch?v=n9pLppuYBNo&feature=g-all-c&context=G2728403FAAAAAAAAIAA