Michael Dunn Trial – Day 5, Tuesday Feb. 11, 2014
Here’s a link to a live stream;
http://new.livestream.com/wildabouttrial/events/2749073
Court starts at 8 a.m. EST to hear pending matters, including whether Strolla’s expert witness will be allowed to testify. The prosecution and defense have to complete and submit jury instructions to the judge. Actual trial begins at 9 a.m. EST.
Based on yesterday’s hearing, the judge anticipates closing arguments today and has said that he will hold court as late as 7 p.m.
Day 5 – Pre-court
Day 5 – Part 1
Day 5 – Part 2
Day 5 – Part 3
Day 5 – Part 4
Day 5 – Part 5
Day 5 – Part 6
Day 5 – Part 7 (State plays Dunn’s interview with police for jury)
Day 5 – Part 8 – Jury Instructions
Posted on 02/11/2014, in Jordan Davis and tagged day 5, Jordan Davis, Michael Dunn, trial, Tuesday. Bookmark the permalink. 193 Comments.
Expert is being vetted:
Tri-care work with veterans- helping with acute response
2008 went into practice
Has seen interview tapes and witness statements, 911 calls, police materials, jail calls of Dunn
Took all into consideration to determine stress state
In early 80’s
In Florida-heath consultant with juvenile dept in district 9 in Florida
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Has testified in past in acute stress response testimony with juveniles in dept. of juvenile justice
Has used hypnotic therapy with stress
Has private clients from LE and law
Deals with responses with family
Defense wants to tender him as a witness
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30 years experienced
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last name is Abuso
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His function in terms of testimony would have to do
Works with divorce, termination of parental rights, clinical in sexual abuse
Therapist not psychiatris
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Angela Corey now asking what he is going to testify to
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Is going to testify to biological response
Why Dunn made irrational …
Corey says whether irrational is up to jury
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Did not interview Dunn
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Yet came to conclusions about Dunn
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basically basing his opinion of how Rhonda Rouer reacted
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Witness answers that he knows of no expert has every testified to “fight or flight” in any criminal trial.
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Witness is trying to say Dunn was experiencing passivity after shooting and did everything his hysterical girlfriend wanted him to do including leaving crime scene for dog’s sake to ordering pizza for her
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Has never testified in a criminal shooting case involving a civilian.
Has only counseled 3 other such people…but never testified
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Corey asks how many LE that he has counseled EVER left the scene.
He answered that none did, they called for back up, + they had more training than Dunn.
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This guys an idiot! He knows exactly what was going through Dunn’s mind, based on what Rhonda Rouer told him.
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Thanks for being here.
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Expert excused.
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Judge says that expert is ASSUMING to much.
Judge VERY concerned about witness qualification to testify to this…only therapist…
has never testified to this kind of situation
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Judge says this is a collateral matter…not whether shooting justified or not which this trial is about
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Judge now going to consider it
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Recess for 20 minutes
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Robert Brown @RBrownIII
#MichaelDunn WILL take the stand today. #MichaelDunnTrial
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https://twitter.com/WJXTHailey
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Best lifestream is the link Xena posted above which is
http://new.livestream.com/wildabouttrial/events/2749073
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Daubert standard
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Judge’s decision:
John Abuso will not be allowed to testify.
Sustains State’s objection to allowing Abuso to testifying.
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Dunn now will testify.
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I will make a few comments during Dunn’s testimony, but feel everyone will consider it MUCH BETTER to watch the video tape of his testimony when it becomes available.
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I would rather watch Dunn’s facial expressions and body language than to comment much now.
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Dunn sworn in and takes witness stand.
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Jury entering.
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Stopped at Gates gas station because Rhonda wanted a bottle of white wine.
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Red SUV there when he pulled in.
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He heard Rhonda say, “I hate that thug music.”
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Yahtzee,Dunn was the one saying “I hate that thug music.” Rhonda say “I know”
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I was wondering that….but in his testimony here today, Dunn said that Rhonda was the one that said, “I hate thug music.”
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He got problems,his fiance is in record(recorded) to the facts,why he lied,he will be cross “exterminate” by the prosecution.
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Thanks for this, Joseph!
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Says music caused his eardrums to start vibrating.
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thumping base
Says he has damage to right ear from scuba diving growing up.
His father had a dive charter business.
Says music hurt his sensitive ear.
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Now he says he hears from red car: “I should kill that m…f….er.”
Driver of red car returns.
He saw “two young men” in back seat with “menacing” looks.
Dunn asked them “Are you talking about ME?’
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Says other person escalated and Dunn says he himself stayed calm.
Says (Jordan) reached down toward floor and came up and slammed something against his door and Dunn says he saw 4″ of a barrel through (Jordan’s) window.
He says it was thick enough to be 12 gauge or 20 gauge shotgun.
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Dunn has experience of skeet shooting with shotgun growing up and then since 2005 with his father.
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Dunn says, “Yeah, I am going to fucking kill you.”
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Dunn says he was stunned and in fear for his life.
Says he had never had been threatened by a gun.
Says he was frozen in his seat.
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Says young man in back seat opened his door a crack and said, “You’re dead, bitch.”
Dunn thought he was going to be killed.
Says he still didn’t reach for his gun and was to himself saying, “Oh my god, where is all this hostility coming from?”
Says no one in the SUV was trying to calm that young man down.
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Was frozen in fear.
Says the young man got out and says, “This shits going down now.”
The shotgun is not sticking out now.
Thinks young man was coming out to kill him or to beat him.
Saw his head (Jordan’s) over door frame.
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Dunn says that this was a clear and present danger and said to Jordan, “You are not going to kill me, you son of a bitch” as he retrieved his gun from the glove compartment.
He had purchased his gun in 1990 or 1991.
All he had ever done to his gun was to take off wooden grips and put on non slip grips.
He has never had to resort to his gun for anything…only used it when practicing shooting.
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At that point Dunn says he was shooting to defend himself.
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He says he was scared.
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Says he had tunnel vision, hearing dimmed, and his focus was only on the target which was the door which was the last place he saw his “attacker” .
Held gun two handed because he has damaged trigger finger and has to use middle finger.
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Says “I didn’t aim….I pointed.”
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Hands were rested on his window sill.
Says he was fighting for his life.
Still was in fear for his life.
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Then realized that the SUV was gone….didn’t realize that red car was backing up and that is why there were three holes in front right side door because of his tunnel vision.
He then opened his door with SUV behind his car and was worried about the sight they had to the back of him….was then worried that Rhonda might be coming out.
Not just him that he is worried about.
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Dunn was worried that there could be some blind firing from red SUV at him or Rhonda who would be coming out of store.
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So he fires again at them.
Stopped firing when they were far enough away.
Did not try to shoot after that.
He told Rhonda, get in the car, we got to go.
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Says he took off because he thought that SUV might return with friends.
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Yahtzee,I’m very happy to tell you at 0.15.55 minutes into the tape she is contradicting the defendant, twice under police interrogation and under cross examination by the prosecution ,,,, http://www.youtube.com/watch?v=ur_z2KJePIE
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Excellent!
Thanks for link and timestamp, Joseph!
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You welcome Yahtzee 🙂
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🙂
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I am tired, Joseph.
Could you please comment below on Guy’s questioning of Dunn?
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I will try,I have 7 pages open plus tweeting. 🙂
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I am devastated but not surprised that a puppy has evoked more sympathy and love from Dunn and his girlfriend turned fiance for court, than a young black male. It hurts me to my soul that black people are still not human beings, and are lower on the life scale than animals, and i say this as a dog lover. I can’t even process what I am feeling on this but just had to share this perspective of American reality.
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Thanks you for sharing, Sharon.
*hugs*
TRUTH
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😦 it is a sad commentary on a specific selection of our society.
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Changed his mind AGAIN!!!
http://www.hiphopdx.com/index/news/id.27459/title.george-zimmerman-boxing-match-is-not-cancelled-according-to-promoter-
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I have a headache and am just listening with my eyes closed.
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I need to learn the angle that the bullets enter back door of SUV in relation to Dunn’s front window
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Guy is basically reminding the jury of Dunn’s contradictions with his police interview and Rhonda’s statement as far as music, what he thinks Dunn’s attitude was toward the Jordan,
and what he saw of others in car.
Dunn is sticking to his story.
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Guy points out that
During all the time it took Dunn to take gun out of glove compartment, unholster it, pull back slide, and aim gun, the guy who supposedly was going to shoot him , never shot him.
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Yahtzee ,come back ,I can’t keep up.:)
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okay
Thanks for what you did do! 🙂
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You welcome,,glad I can help you.You the best!
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Thanks, Joseph, for helping me realize that Guy’s questions are the most important to report on since Dunn is just sticking to his story.
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I’m feeling better now…the Ibuprofen and blueberry muffin have kicked in 🙂
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Guy-You shot from inside your car?
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Guy-Did you hit your target?
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Guy-Are you telling jurors you blackout?
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Guy-If you was shooting low why you shot the the tail-light .
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Guy: That did not go through you head that you should call the police?
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Did you call the police from the safety of your hotel room?
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Guy:
Did you sit down and look out hotel window fearing the red SUV? And fearing them, you parked in front of the hotel? And you left your gun in your glove box?
Guy…Right…you knew no one was behind you.
Guy… you did not call 911…
You called the pizza man….
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Said he left gas station because he did not know the area.
Guy: Yet you lived there on that road for 2 years!
Dunn…15 years ago…didn’t travel around much
Guy..Ms. Roerh said you’d been to that gas station before
Guy…You took Charlie dog outside even though you were worried that gangsters might be around?
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20 minute break.
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Someone commented about Dunn testifying and why it was a bad idea plus his attorney lacking criminal court experience,so far I could not see how he will get away with murder.
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Dunn wants to do all the talking and doesn’t want to answer questions.
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Guess he doesn’t want to be led off his script
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Joseph,
Thanks so much for helping with the recaps and summaries. You and Yahtzee have done a magnificent job.
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Xena,you welcome in fairness Yahtzee did it ,my input was minimal.
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4 gangsters with a gun in a SUV who threatened him and he shoots but he didn’t call 911. SMH. Isn’t that the same as putting others in danger?
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Could it be, because Dunn has 2 ex-wives and now a fiancee, that he cons well (I mean courts well) but that his ex-wives and now finance discovered who he really is when living with him 24/7 after he has “hooked” them?
Right now, Dunn is in his “courting” mode with the jury.
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Maybe Michael tells them he will protect them when he really means control them.
How did Rhonda say thug music, when he now says that the music was not turned up until after she got out of the car?
He’s also very disrespectful interrupting the prosecutor and not allowing him to finish his questions.
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Manipulator?
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Very much a manipulator but only to get his way in spite of not being credible.
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Robert Mitchell @RLM_3 6m
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Robert Mitchell @RLM_3 23m
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Robert Mitchell @RLM_3 25m
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I have to get back to work. Thanks for the live reports. They really helped me to keep up with what’s happening in court.
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Good to see you, Dawn!
Have a good afternoon!
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Earlier Twitter comments:
Michael Skolnik @MichaelSkolnik 1h
Sunny Hostin @SunnyHostin 1h
Michael Skolnik @MichaelSkolnik 1h
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Sunny Hostin @SunnyHostin 49m
Michael Skolnik @MichaelSkolnik 49m
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Natalie Jackson @NatJackEsq 44m
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Court back in session
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Guy: You said you do not use the phrase “thug music”?
Dunn: I call it rap crap
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Guy: Did you cry when you learned a young child had been killed?
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Michael Skolnik @MichaelSkolnik 3m
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Dunn:My only concerns were my fiancee…it did not matter whether I called the police that night, next day or 10 days because it was self defense
Guy..Didn’t matter a young person was killed
Dunn: it was self defense
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Dunn: only consciously pulled trigger once with with the first shot….the rest of the shots were in a panic…”I was in sheer terror”
Last three times was conscious.
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sidebar
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In letter to Rhonda Dunn apologized for never telling her that he saw a gun.
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Guy uses phone record to show Dunn didn’t call his friend Ken….BUT that Ken called Dunn
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Ken Lescollet
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Guy finishes
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In Defense redirect
Michael Skolnik @MichaelSkolnik 6m
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Dunn says he was not in a rational state of mind when the police charged him.
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defense rests……………
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Michael Skolnik @MichaelSkolnik 2m
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15 minute jury break in order for judge to talk with attorneys.
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Neighbor Ken also works for Dept. Of Agriculture……meaning it appears he is nothing but either a Forest Ranger or Agriculture inspector.
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Michael Skolnik @MichaelSkolnik 11s
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Denied by judge
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Michael Skolnik @MichaelSkolnik 4m
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45 minute video with redactions
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This will be part of prosecution’s rebuttal.
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Also, will be one rebuttal witness
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Just said there will be a second witness (Ken?) @ morning call
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Michael Skolnik @MichaelSkolnik 1m
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Rhonda Rauer -State Rebuttal Witness
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Rauer says Ken called the next morning.
Says Dunn did not mention to Ken about shooting
Says Dunn did not mention wanting to talk to Ken later at Ken’s House
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Ken Lescollet
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She never told Dunn not to take gun out of the glove box
Dunn never told her at gas station and way to hotel nor at the hotel nor on the way home the next morning that he saw a gun, stick, barrel in the red SUV
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Michael Skolnik @MichaelSkolnik 10m
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Yep, I agree. The love of his life isn’t lying for her man.
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All of this contradicts Dunn’s testimony
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15 minute break
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It is obvious to me now why she is so weepy and cringey – she is terrified of him. One thing for certain is, she is no Shellie Z!!!
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I totally agree with you Rachael!
And, Dunn is the CAUSE of her anxiety.
circumstantial anxiety
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Video ready–(police) Dunn interview
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Jury returning
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Good afternoon caterpillars, moths, butterflies, wolves, eagles, and all creatures great and small!!
Yahtzee, you are precious my dear!
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Police interviewer now on stand.
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Dunn signed Miranda paper (Constitutional rights)
Defendant indicated he understood rights and signed.
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Dunn stated music not on when he pulled up and park.
Dunn referred to 4 occupants as kids (This contradicts Dunn’s testimony today where he said that he felt they were men and sounded like men.)
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This witness is Detective Marc Musser
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*hugs* back!
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Video of police interview of Dunn being played now.
It will be 45 minutes with redactions.
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While I don’t care about the fiancee’s lack of notifying anyone, I have to give her credit for her honesty. She didn’t try to evade or sugarcoat anything.
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Agreed.
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Dunn in interview says Rhonda pushed him “last night” to call police.
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contradicts Dunn’s testimony today
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Retweeted by Michael Skolnik
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Retweeted by Michael Skolnik
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Michael Skolnik @MichaelSkolnik 45s
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Dunn: I am at a loss to say what justified my last volley of shots.
Detective asserting that Dunn was acting on assumptions.
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Racked gun and did not reassess…..just started shooting
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Detective tells Dunn that only Dunn has said that anyone got out of the red SUV….no witness at scene saw anyone get out of the SUV
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Michael Skolnik @MichaelSkolnik 1m
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Michael Skolnik @MichaelSkolnik 1m
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This police interview is great for the jury to hear just for them to listen to what the detectives have to say to Dunn as they question him.
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Yahtzee, Absolutely! They see Dunn’s inconsistencies and his demeanor.
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Michael Skolnik @MichaelSkolnik 1m
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What happened to “It’s going down now”? Dunn didn’t say that during his interview.
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Dunn in interview: “I have so much going on in my personal life that the last thing I am looking for is trouble.”
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Michael Skolnik @MichaelSkolnik 1m
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Retweeted by Michael Skolnik
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Here says only toast and 1 rum and coke. This contradicts today’s testimony.
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Just uploaded the available videos above.
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Super!
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Michael Skolnik @MichaelSkolnik 1m
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State rests rebuttal.
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Jury is being dismissed.
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Court reconvenes at 10:00 a.m.
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Closing arguments tomorrow.
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Retweeted by Michael Skolnik
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not good for him. ha!
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The NRA just will not stop! Take a look:
“NRA Lobbies To Expand Florida’s ‘Stand Your Ground’ Law, as Shooter Stands Trial For Killing Jordan Davis”
February 11, 2014
Excerpt:
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It is the last paragraph talking about fatalities that you need to see.
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Yahtzee, actually this is a better law that what we have now and will help those where we, the “blogging commenters”, have condemned the long sentences. A case in point is Marissa Alexander in which she claimed she fired a warning shot and got 20 years under the 10-20-Life law.
Right now, Florida does not allow for warning shots (illegal) and this was even mentioned in the Dunn interview. This would allow warning shots to be legal and take away the 10-20-Life law.
I can’t remember the name, but there was another case in which a father fired a warning shot at his out of control daughter’s boyfriend who was coming at him. He fired a warning shot and the boy left. The boyfriend had assaulted his daughter and he came to her aid. Months later, the boyfriend reported the incident after another altercation with the daughter and the father was arrested and convicted under the 10-20-Life law. The father got 20 yrs and he is white (in case anyone was wondering).
I would have to ask……would it not be better for a warning shot to try and stop a problem from escalating and have it be legal or knowing that it is illegal and you have to wait until an assault with fear of great bodily harm or death occurs and you shot to kill?
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More on this new bill from this link:
http://thinkprogress.org/justice/2013/11/08/2915351/florida-house-panel-rejects-stand-ground-repeal-expand/
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Here is the link to the new bill:
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0089__.docx&DocumentType=Bill&BillNumber=0089&Session=2014
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http://thinkprogress.org/justice/2013/10/29/2851351/ways-stand-ground-promoting-vigilantism/
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Xena, I wouldn’t doubt he was a member of the tree stump, sounds just like them.
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Any bets he was a Fogen donator ???
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towerflower,
You could be correct. Same ideology and attitude.
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