Michael Dunn Retrial – Day 3

jordan Davis 2 Judge Healey is holding trial on Saturday because the jury is sequestered.  Based on statements he made at the end of yesterday’s hearing, he expects for the defense to have witnesses ready on Monday.

As Judge Healey stated, things are rolling along.  One reason for that is because the defense has not cross-examined all state witnesses that have testified, and its cross-examination of other state witnesses was mostly a repeat of their testimony.

I will update here with videos as they become available.

JUSTICE FOR JORDAN!

Judge Healey was hot this morning!

 Day 3 – Part 1

 

Day 3 – Part 2

 

Day 3 – Part 3

 

Day 3 – Part 4

 

Day 3 – Part 5

 

 

 

Posted on 09/27/2014, in Cases, Conceal Carry & SYG, Jordan Davis, Videos and tagged , , , , . Bookmark the permalink. 136 Comments.

  1. I’ve been without internet for a few days and don’t know if Done’s girlfriend has taken the stand again or not.

    I know here in Jax there is a big deal being made of the slight variations in testimony by the young men in the car. Like did the front seat passenger reach across the seat to roll up Jordan’s window or did he have a ‘button’ on the seat where he was sitting. And when the music was turned back up, to what volume, same, louder or softer.. I can’t even imagine what difference it makes.

    I’m anxious to see if Done’s girlfriend’s testimony is exactly the same this time as it was at the last trial.

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    • Hey Mindy. After not seeing you yesterday, I was planning on getting in touch with you. Sorry to hear that you were without internet. We missed you. Glad to have you back.

      I know here in Jax there is a big deal being made of the slight variations in testimony by the young men in the car.

      People who are not trained in the justice system often make the mistake of thinking that even 2 people can see and/or hear the same thing and describe it using the same words. Here’s an example — how many times have 10 people heard the same song, but when asked to repeat the lyrics, they all get some of the lyrics correct, and some of the lyrics wrong? They all heard the same song, however. How many descriptions would 3 people give to outfits worn by Elvis?

      You know, some folks are trying to argue the same regarding whether Michael Brown’s arms were raised above his head, or if his hands were up, but not up high. It makes no difference because “hands up” matches both descriptions. The folks arguing purported discrepancies by witnesses are of the mindset that they can tell a person to jump and the person is suppose to ask how high.

      Like did the front seat passenger reach across the seat to roll up Jordan’s window or did he have a ‘button’ on the seat where he was sitting.

      Evidently, they’re unfamiliar with the photos of the inside of the car, and neither listened to Tevin’s testimony. There were controls on his door that he used to raise the window where Jordan was sitting.

      And when the music was turned back up, to what volume, same, louder or softer.. I can’t even imagine what difference it makes.

      The ONLY relevancy that might have is whether Dunn could hear Jordan over the music. It’s my speculation that Tevin raised Jordan’s window higher in effort to keep the music from being loud outside of the SUV. I wish that Guy had asked Tevin why he raised the window.

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      • crustyolemothman

        Xena, The defense is grasping for straw, the only problem is when they get thru all they will have is a small pile of straw! They have absolutely no evidence in their favor, and the only hope they have is to discredit the huge amount that the state has. While that tactic would not work on a person with even a slight amount of intelligence, it will find favor within the minds of a racist. Once again the sum of the whole is upon the shoulders of the members of the jury. If there is even one member of the jury, such as we discovered in the Zimmerman trial, that feels that a black child’s life is not as valuable as that of a white mans pride, we will not get the conviction nor will justice be served…

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      • I have missed so much not being able to be on-line. I ran across this a few minutes ago:

        http://www.actionnewsjax.com/news/news/local/folio-weekly-article-leads-dismissal-juror-michael/nhXCL/

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      • the way the defense attorney keeps ending her questions with prepositions is driving me crazy!

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        • oh dear, that’s not the defense attorney! D’oh!

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        • the way the defense attorney keeps ending her questions with prepositions is driving me crazy!

          That’s because she’s repeating testimony and asking “Is that correct?” because she apparently is not prepared to ask questions otherwise.

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  2. good morning campers!

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    • Good morning Faux! (I should be saying goodnight, but I just put on some coffee and am going to try to make it through at least the first hour of trial.)

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      • morning xena! am in a similar situation myself … just hoping to stay awake for as long as i can. i expected some trial action 15 minutes ago but am not seeing any. am i missing something?

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        • Tweets are saying that everyone is in the hallway outside of the courtroom waiting. I’m having the darnest time with Flash crashing. I changed from Chrome to Firefox because Chrome had that problem. After over a year with Firefox, not it has the same problem. (sigh)

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  3. crustyolemothman

    Has anyone else seen this? Sounds like more BS from the racists in the area…

    http://www.news4jax.com/news/anonymous-letter-driver-of-suv-hid-davis-gun/28271770

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    • yeah, saw that yesterday. take a look at the pdf file of the whole letter. i cannot decide if dunn hired his work out to a 12 year old or if this is just some random, illiterate racist trying to get attention. the letter deserves nothing but condescension. i hope for the sake of that idiot defense lawyer that she just forgets about it. no one but a fool would drag that into a court room.

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      • crustyolemothman

        fauxmccoy, I was thinking that the hand writing (if you can call it that) looks a lot like Zimmerman… Then again you did mention a 12 year old, he fits that description mentally, right?

        Liked by 1 person

  4. There’s a discussion going on in the hallway about the prosecution discussing that a media outlet interviewed a potential juror. That is said to be the reason for the delay.

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  5. from twitter

    Larry Hannan ‏@LarryHannan 13m

    I expect prosecutors to try and kick that juror, described in story as a “400 pound schoolteacher” off the jury today. #dunntrial

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  6. yahtzeebutterfly

    I am going to work in the yard today, and so I will be watching the taped trial videos tonight.

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  7. Morning friends something had gone amiss? 9.50AM no trial ?

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  8. Someone just commented on News4Jax that Rhonda is in the courthouse. Maybe I should get some tape to hold my eyelids up, because I don’t want to miss her testimony. 🙂

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  9. THE DELAY
    Folio Weekly printed a story about a potential juror who used to write for that publication. It’s not so much about him not being chosen for the jury, but what he says about another person who was actually seated on the jury.

    http://folioweekly.com/AN-INTERVIEW-WITH-A-DUNN-JURY-REJECT,11021

    From the article:

    An interesting side note, according to Smith: “A 400-pound white schoolteacher who was sitting by me really hated [Corey’s] humor, and made the joke that ‘she would have a hard time proving to a court that I am fat; there would still be reasonable doubt.’” That guy made it onto the jury, Smith says.

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    • yahtzeebutterfly

      Almost as if that juror is declaring he very likely planned to have “reasonably doubt” and not convict Dunn.

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      • yahtzeebutterfly

        Second issue….technically the juror did not give an interview. It is the journalist who was not chosen as a juror who is at fault for writing up that article recounting the chatter he heard among the jurors. Seems wrong to do that.

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        • If it’s true that the juror said that about Corey, then he is not impartial and should not be on the jury. I suspect it’s Juror 32 who has the opinion that Jordan and Dunn were both wrong. That means that he has an assumption of guilt for both parties but since Jordan is dead and cannot be punished, then Dunn should not be punished by himself.

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    • crustyolemothman

      Xena, I don’t want to suggest this, but this could cause a mistrial after two days of testimony there could be cause to suspect the juror could have poisoned the well, so to speak… The family and the nation do not need another delay in this trial, justice must be served soon…

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      • yahtzeebutterfly

        I was thinking that also, crustyolemothman.

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      • Don’t know about a mistrial since there are alternates. The jurors were not suppose to discuss the case so the court will have to trust that no poisoning has been done. All of the jurors might be asked about that. Then too, maybe he did not discuss the case but made jokes about Corey to prejudice other jurors so they won’t take her seriously.

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      • i doubt it, crusty. this is why they have alternate jurors.

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  10. News4Jax is reporting on their live stream site that “Judge Healey is NOT HAPPY, and has ordered both the video and the audio shut down so he can discuss things with a juror and possibly the writer of the Folio Weekly article.”

    The judge is going to get to the bottom of this.

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  11. AH_HA. Just tweeted 3 minutes ago. I was right. Juror 32. Thanks to Yahtzee for reporting tweets on jury selection. He’s the special ed teacher who said that both parties were at fault.

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    • yahtzeebutterfly

      Wow, great call, Xena!

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      • Yahtzee,
        I remember you posting a comment of the tweet about Juror 32, that he believed both parties were at fault, and that he taught special ed. The Folio article said the juror is a school teacher. I went back on the thread where you commented to refresh my memory and put two and two together.

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    • Xena,anymore jurors with that mind set?

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      • Not that I remember. I think the others who were questionably partial were excused. Juror 32 had said it would be a hardship because he teaches special ed and did not know if he could be replaced. Well, now he can go back to work.

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    • wow you were right (again) about what juror they were talking about!
      and i agree with the way you said it;
      “…it’s Juror 32 who has the opinion that Jordan and Dunn were both wrong. That means that he has an assumption of guilt for both parties but since Jordan is dead and cannot be punished, then Dunn should not be punished by himself”

      It’s obvious he hates corey so much he’d probably vote against anything she was for. but then I was thinking this case is so simple insomuch that that asshole did murder Jordan with premeditation even a bigot would be embarrassed not to convict him for fear of being labeled an idiot in the eyes of other bigoted irresponsible gun owners just worried about these obvious Zimmerman-like cases bringing negative attention to stupid gun laws.
      but idk.these bigots nowadays don’t even have enough sense to control themselves anymore.
      I hope they dump that juror but he shouldn’t of been on there in the 1st fuckin place!

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  12. The judge in Dunn trial was informed a few minutes ago a potential juror or a juror told his community something related to that effect.

    His face was shown in TV .

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  13. if this juror said the things attributed to him/her, then he/she lied about being impartial. i hope judge healey would sentence a serious fine and jail time so that any other misguided jurors in the future know what awaits them.

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  14. That juror has been excused. They are getting ready to bring the other jurors in now.

    Whew!! I am so happy this was discovered, dealt with, and corrected.

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  15. Trial is back on track. A witness is now on the stand.

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  16. Good morning all. Thanks for the invite Xena. Can’t participate much but will look forward to reading everything.

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    • Good Morning BigBoi!! Thanks for the visit. We’re watching live stream and expressing ourselves as time allows. LOL!

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  17. Croaker Queen was able to catch part of the juror issue when the cameras came on. Even after turning the cameras off, the audio was still on for awhile. I just embedded the video above.

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  18. My goodness!!! All Dunn’s attorney does is reiterate testimony. She wants to divert to the Plaza parking lot. Guy needs to remember to ask Dunn how were detectives suppose to know anything about a shotgun since Dunn didn’t tell them until after they arrested him.

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  19. Defense infatuation with bushes and dumpsters.

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  20. I wonder what she do will with Rhonda and she is willing to put Done in the stand?

    Where’s she going with that line of questioning to the lead detective,she is getting
    a barrage of sustain 🙂

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    • She has the tendency to ask questions about things that were not the responsibility or knowledge of the witness. That’s deceptive. Guy should start objecting to that.

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  21. Duh! Stashing something “in the vehicle” is opposite from throwing something out of it. Does Dunn’s attorney realize how contradictory her position is?

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    • crustyolemothman

      Xena, Actually I do think she realizes how contradictory his position is! I suspect what she is trying to do is create confusion in the minds of the juror’s… Hopefully it will not work.

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    • Dunn’s attorney need someone to remind her that the brother and sister watched
      the Red Durango and occupants during leaving and returning to the station
      and they never declared that anything was trowed out their vehicle that night.

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  22. They’re breaking for lunch, and I need to get some sleep. Later, I’ll check on available videos. If Rhonda is called to the witness stand, someone call me or send a smoke signal, please. 🙂

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  23. Be alert,Rhonda may be the first witness after lunch.

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    • yahtzeebutterfly

      Oh no, brace yourselves, we are going to hear about their care and attentiveness to Charlie their 7-month-old puppy again.

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      • crustyolemothman

        I have more feelings of sorrow for Charlie than I do for Dunn or Rhonda… He is the only innocent party in their group…

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      • crustyolemothman

        Perhaps I should state what I said during the first trial, Mz. Rhonda should have been charged as an accessory! She knew what Dunn had done, yet she still did not take action, such as calling 911 to turn him in, nor did she remove herself from the company of the murderer! Sorry, but I feel no sympathy what so ever for her…

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  24. yahtzeebutterfly

    Crime scene technician on witness stand.

    Live stream:
    http://www.news4jax.com/news/watch-live-online/23432654

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  25. Charlie to the rescue 🙂

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  26. Don’t cry for me Argentina ,raspy voice ,whispering sounds ,mute by tears.
    Heavy breathing, Charlie!

    Oh no ! Tears flowing incontinent Ah !1,2

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  27. i’m sure i said this last time … but

    help me, rhonda! oh what a mess she is. i realize it’s his type, all the easier to abuse, but damn it’s hard to watch.

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    • I’m just on day 2!
      I can’t stand the insanity of people.
      Just watching the defense so far is maddening!
      But, you reminded me of this. : )

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      • 😀 yup, that’s it. thanks! rhonda is one heck of a mess of a woman. sadly, i think dunn prefers ’em that way.

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  28. crusty……from previous reports…Dunn was a very controlling man. I believe that Rhonda was also caught in this also. She seems very meek and easily controlled. I believe the cops never went after her because of that. I bet if she displayed the same type of personality that Dunn has they may have gone after her as well.

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    • yahtzeebutterfly

      I had compared her to Edith with Archie Bunker in “All in the Family.”

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    • beyond that — her testimony is very valuable. charging rhonda would have meant that she would not have to testify. i’m betting the smartest thing she’s ever done is turn down wedding date offers from biff boffo uh, er, michael dunn from the slammer. she’s one of the dimmer bulbs, but dayam, her testimony is brilliant.

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    • crustyolemothman

      OK, I’m curious, if the roles had been reversed and she had done the murder and Dunn was the (alleged) weak person, would you feel the same way about him and his role? Do we have a bit of gender bias here?

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      • yahtzeebutterfly

        Well, let me think….

        No. I’d feel the same way about him if he had all of her characteristics.

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      • crusty, if the roles were reversed and she was like him and he her…….and he was up on the stand very quiet, downed eyes, and crying constantly…..then yes, I would have seen the man as a very meek and weak person who was being controlled by an abusive relationship. I have a family member who was a victim of a controlling person. They lost all self-estem. Couldn’t make a decision on their own. It took them years after the divorce before you started to see them starting to believe in themselves again.

        While this most often occurs with the woman being controlled by the man, it is not unheard of for the woman to be the controlling party.

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        • crustyolemothman

          towerflower, OK, I’m out voted! I will say from first hand experience that I know a woman that comes off very much like Mz. Rhonda, you would think from watching her that she was a victim, but I have watched this person manipulate people very well using that disguise. I am probably wrong, but I suspect Mz. Rhonda is not as meek and mild as you surmise…

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          • i personally don’t care what genders are in play here. had it been the rhonda who had shot or even a gay male companion, it makes no difference to me. dunn was the shooter by his own admission. due to the circumstances, the only thing his companion (regardless of personality type) be charged with is as an accessory after the fact.

            now, what would that accomplish? it would not bring jordan back to life. it would have put dunn under police control a few hours earlier and would have prevented the companion from providing testimony at trial so as to not implicate him/her self. considering the value of this particular evidence (dunn never claimed to see a weapon) i’d play things just the way JSO chose.

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            • crustyolemothman

              fauxmccoy, is it possible that if she had been charged we would have received even more evidence than we have? A deal offered as a plea bargain seems to loosen tongues quite well… I actually think she knows a lot more than we have heard… I did notice she is avoiding looking at Dunn even though he was staring a hole thru her while she was on the stand… Wonder what the conversation was really like that night and the next day?

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            • i doubt any extra info would have been received had she been charged. dunn has a history of domestic violence and multiple DUIs, i’m sure even a halfway decent lawyer could convince anyone that she would have been to scared to call 911 and still, with a possible conviction, she would not have to say a word so as to avoid self implication. i just don’t see it as helpful.

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            • crustyolemothman

              Perhaps you are right, but unfortunately we will never know… At this juncture I only want a conviction of Dunn, nothing less will be acceptable..

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      • Two sides to a story

        No, she would be a murderer and he would be a weak male.

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        • Two sides to a story

          Or I should say an emotional male, because being emotional isn’t necessarily weak.

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          • crustyolemothman

            Two sides to a story, But the question is should he have been charged had the roles been reversed? That being he was the weak/emotional one?

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  29. After the 1st trial she was happy riding boats and partying.
    She left Done why she is crying now?

    I remember Ted Bundy was a well educated dude and accordingly to those who knew
    him he was a “gentleman” he never screamed ,never angry ,but he was a serial killer.

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  30. butterflydreamer2

    Did I miss something, did anyone question her about Dunn never mentioning a gun?

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    • she was dismissed, subject to recall. prosecution will not ask her about that as it is not in evidence yet, only dunn can put that story into evidence.

      she will be used on rebuttal, as can her taped discussions with detectives, that dunn never mentioned it to her. that is what they did last time and it was effective.

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  31. crustyolemothman

    The defense attorney is once again attempting to create confusion! Too bad that is the only defense she is able to make for Dunn…

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    • yeah, i get what she’s trying to do which is to imply LE incompetence which does happen with regularity. my question though is what this lawyer actively chooses to promote with possible incompetence.

      the cartridge casings — well, they definitely came from dunn’s gun, is she trying to imply that since this lab tech did not see them get collected that they came from dunn’s gun in some other way than him firing it at the scene, which he does not dispute? it makes no sense. i cannot imagine that LE followed dunn around prior to the event gathering casings from when he went to the range. i cannot imagine that after davis was shot with dunn’s gun that LE used the gun numerous times to generate extra casings from that gun.

      so what, pray tell, is her point? she has none other than to create confusion and imply (with no ground) misconduct.

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      • crustyolemothman

        fauxmccoy, Dunn is done unless there is a racist on the jury… Fingers are getting very cramped from being crossed for so long…

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      • Annie Cabani

        … is she trying to imply that since this lab tech did not see them get collected that they came from dunn’s gun in some other way than him firing it at the scene, which he does not dispute?

        That wouldn’t be to smart since, like you said Dunn hasn’t disputed that. But also because she went to some length in her opening statement telling the jury that all the gun-related evidence they’d hear is NOT in dispute. IMO, she gave the jury the impression that all the gun evidence was just “piling on” by the prosecutor … and a waste of the jury’s time.

        So if she wastes much of the jury’s time with it now, she could lose credibility and good-will points with any jurors who remember her opening statement.

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        • i could not agree with you more. if this is some strategy, i am failing completely to see the value of it.

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  32. Two sides to a story

    Wow, so I backtracked and watched Rhonda’s testimony on YouTube. She’s not crying any less this time than she did last time.

    I hope justice is served this time. It does seem like a waste of taxpayer money as some people point out, since Done will die in jail, but Jordan’s parents certainly deserve a conviction for his death.

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    • butterflydreamer2

      Two sides,

      I have heard that he is going to appeal the charges and unless he is found guilty on this charge, there’s a chance he could win the appeal, and walk. Let’s hope the jurors use their common sense, but it only takes one like the one that was dismissed today or another he went a little to far but I think he’s learned his lesson.

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  33. Please bear with me,something got my attention today ,Rhonda always used the same attire included the shoes.

    The night of the murder,first trial and today.

    Is that the perfect combination or indication of other problems?

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    • butterflydreamer2

      Joseph,

      I noticed that also. Could be she has only one Sunday best, cause she may rarely need to dress up for functions such a wedding, court, funeral, ect. I can’t remember the last time I attended a function that would require that kind of attire, so I’ll bet I would have to go shopping.

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  34. UPDATE

    All videos from today’s hearing are now embedded above.

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  35. yahtzeebutterfly

    As far as the juror (#4) who was excused this morning:

    Larry Hannan @LarryHannan – 5h

    While sidebar occurs times union attorney George gabel will ask to be heard. #dunntrial

    Healey tells gabel. Not now. #dunntrial

    Gabel objects to media being kept out. #dunntrial

    Healey tells gabel that everything was in sidebar. Gabel asks for transcript of sidebar this morning. #dunntrial

    Healey says he thinks he’ll be fine with releasing transcript but wants names redacted of jurors as well as personal information. #dunntrial

    Healey said juror dismissed didn’t want his identity released. #dunntrial

    Gabel says media not seeking to reveal jurors names. Just wants what’s been discussed today.

    Hanania expresses concerns about whether transcript would be unfair to to dismissed juror.

    Healey said what story alleged about juror was not what juror said happened.

    Healey says transcript won’t be ready till Monday at the earliest.

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    • Yahtzee,
      They’re looking for a story, but we already know the story. No matter what the rejected juror said happened, we know that Juror 4, aka 32, should not have been seated. During his voir dire, he was not impartial.

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    • yahtzeebutterfly

      “No regrets after getting Dunn Juror dismissed”
      Anne Schindler, First Coast News 6:50 p.m. EDT
      September 27, 2014

      http://www.firstcoastnews.com/story/news/crime/jordan-davis/2014/09/27/men-behind-juror-dismissal/16347123/

      Excerpts:

      AG Gancarski, who wrote the online story, was also awakened early and asked to report to the Duval County Courthouse. Media was excluded from the Saturday morning hearing, which lasted roughly an hour and a half. (First Coast News and our news partners the Florida Times-Union challenged the hearing’s secrecy and have asked for a transcript. Judge Healey agreed to provide one Monday morning, at an expected cost of several hundred dollars.)

      The dismissed juror, a white male, will be replaced by the first of the four alternates, also a white male.

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      • yahtzeebutterfly

        I will also include this excerpt for more background:

        The reason for his dismissal was an online interview with a former potential juror, Richard David Smith III. Smith, who was not chosen to sit on the jury, said in the interview that Juror 4 spoke critically of State Attorney Angela Corey. Smith told First Coast News that while waiting to return to the courtroom during jury selection, the roughly 400-pound man cracked a joke that impugned Corey’s skills as prosecutor.

        But the juror’s alleged comments grabbed the attention of the court after they were published yesterday in an online blog of Folio Weekly magazine – titled “Dunn Jury Reject.” Early this morning, Smith was awakened by a uniformed police officer at his door. He was escorted to court and asked to give sworn testimony before Circuit Judge Russell Healey.

        Like

  36. yahtzeebutterfly

    OT:

    Serious things going on in Ferguson (Dellwood mentioned)

    Unconfirmed reports are that two people have been shot….an officer and a young person.

    Here is Antonio French’s twitter on the situation:

    https://twitter.com/AntonioFrench

    Also:
    https://twitter.com/deray

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  37. yahtzeebutterfly

    “Michael Dunn’s former fiancee testifies about details of shooting, aftermath”

    http://staugustine.com/news/local-news/2014-09-28/michael-dunns-former-fiancee-testifies-about-details-shooting-aftermath#.VCfxhsawhfQ

    Like

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