By Jueseppi B.
George Zimmerman’s new judge: Debra S. Nelson
Debra S. Nelson, the new judge assigned to George Zimmerman‘s case Thursday, is a 13-year judicial veteran who has a reputation for working hard, being ambitious and imposing long prison terms.
Not long ago, she sentenced a robber to 27 years in prison after he rejected a 20-year deal from a prosecutor.
“You don’t mess around with her,” said Lake Mary attorney Isadore Hyde Jr.
She wants to keep Seminole safe from violent crime, he said.
“I think her sense of justice, civility is such that she’s going to make sure that this place, Seminole County, is not Mogadishu,” he said.
Nelson, 58, was appointed to the bench in 1999 by then-Gov. Jeb Bush. In private practice, her specialty was civil litigation, but on the bench, she has spent most of her time — seven years — handling felony trials.
She was the judge in the baby-napping case of Jennifer Latham, the woman who walked into the maternity ward of Sanford’s hospital, changed clothes to look like a nurse, then lifted a newborn from his mother’s arms and walked out. Nelson sentenced Latham to 30 years in prison.
None of Nelson’s other cases, however, has been as prominent as the case assigned her Thursday, Florida v. George Zimmerman, one of the most high-profile civil-rights cases in the country.
On Wednesday, the Fifth District Court of Appeal in Daytona Beach ordered Circuit Judge Kenneth Lester Jr. to step aside, saying comments he included in a $1 million bond order were enough to make a reasonable person think he was biased.
Lester wrote that Zimmerman was a manipulator who was trying to outsmart the criminal-justice system by claiming to be poor while hiding $130,000 and an extra passport.
Zimmerman, 28, is accused of murdering Trayvon Martin, an unarmed black 17-year-old, on a Sanford sidewalk Feb. 26.
The defendant says he acted in self-defense, that the Miami Gardens teenager attacked him, climbed on top of him and began pounding his head on the concrete.
Prosecutors allege that Zimmerman is guilty of profiling. They say he spotted Trayvon as he walked through the neighborhood, assumed the teenager was about to commit a crime, pursued and murdered him.
Nelson will now be the judge who must decide whether Zimmerman, who is charged with second-degree murder, is entitled to immunity under Florida’s much-debated “stand your ground” law, which allows anyone with a reasonable fear of imminent death or great bodily injury to use deadly force against an attacker.
Defense attorney Mark O’Mara has said he would likely schedule that hearing next year.
“It will take a tremendous amount of judicial courage at this point to throw the case out following an immunity hearing,” said Winter Park criminal-defense attorney David Faulkner. “My guess is that any judge, Judge Nelson or otherwise, is going to let a jury decide this issue for the benefit of the public.”
Bill Sheaffer, legal analyst for WFTV-Channel 9, described Nelson as “very hardworking and smart” but also pro-prosecution.
“She’s conservative,” he said. “I’m not so sure the defense has done themselves much good by Lester stepping aside and Nelson stepping in.”
Because of the appeals-court ruling, O’Mara is now free to challenge any of Lester’s rulings in the Zimmerman case, said attorneys Andrew Chmelir and Frank Iennaco. O’Mara has 20 days to do it, according to Florida’s Rules of Judicial Administration.
It was not immediately clear what, if any, of Lester’s rulings O’Mara might challenge.
He was the second judge forced from the case. In April, Circuit Judge Jessica Recksiedler stepped aside, at O’Mara’s insistence, because of a possible conflict of interest: Her husband is a law partner of Orlando attorney Mark NeJame, whose firm Zimmerman had earlier contacted about defending him and who is now paid by CNN to provide legal analysis of the case.
Nelson is generally friendly and chatty with attorneys, although sometimes she allows her anger to flare in court, especially if she thinks attorneys are wasting her time, according to people who spend time in her courtroom.
“She does not suffer fools,” Hyde said. “If you’ve got an excuse, it’d better be a good one.”
Nelson grew up in Miami Beach, graduated from the University of South Floridawith a degree in psychology and went to the South Texas College of Law in Houston.
Before law school, she worked for a year as a substitute teacher.
She is a fan of “American Idol,” loves to bake and has a John Lennon poster on her office wall. She and her husband, an engineer, live in Sanford.
She has twice applied for an open spot on the Florida Supreme Court, in 2002 and 2008. In 2008, she was one of three finalists.
In an annual poll by the Central Florida Association of Criminal Defense Lawyers, Nelson this year received middling marks, an overall rating of 3.67 on a 5-point scale, between 4, which is “good,” and 3, which is “satisfactory.”
George Zimmerman Update: Hearing on Travyon Martin School Records Set for October 19
By Tatjana Kulkarni Sep 28, 2012
Sanford Circuit Judge Debra S. Nelson has scheduled a hearing for October 19, in which she will decide whether or now to grant George Zimmerman’s team access to the school records of Travyon Martin, the 17-year-old teenager shot by Zimmerman in February. (Photo : Reuters )
Sanford Circuit Judge Debra S. Nelson has scheduled a hearing for October 19, in which she will decide whether or now to grant George Zimmerman’s team access to the school records of Travyon Martin, the 17-year-old teenager shot by Zimmerman in February.
Mark O’Mara, Zimmerman’s lawyer had filed a court subpoena a few weeks ago to gain access to Martin’s school records. Prosecutor Assistant State Attornie Bernie De la Rionda said that he has no objection to granting access to the teenager’s record so as long as it should not be released to the public. However, O’Mara wants the records released to the public.
It is a well-known fact that the Zimmerman case has sparked discourse over race, De la Rionda says that O’Mara wants to take advantage of the media attention through this petition, which he sees as an attempt to just “chum the waters,” according to Hispanicbusiness.com.
Last week, Florida Department of Law Enforcement released information that shows that only the DNA of George Zimmerman, who is being charged with second degree murder of Trayvon Martin, was found on the gun used to fire at the 17-year-old. The report reveals that the gun did not have any DNA of Martin.
Recently, O’Mara announced that he will not use the Florida State’s “Stand Your Ground” law in the murder trial.
Zimmerman at the time of the fatal incident was a volunteer watch-guard of a gated community, when he approached 17-year-old Martin after observing some suspicious behavior. Zimmerman claims that the encounter soon turned into a violent affront. In an act to protect himself, Zimmerman fatally fired at the teenager. When he was arrested in February and charged with the second degree murder of Martin, Zimmerman has maintained his defense of self-protection.
However, O’Mara, Zimmerman’s lawyer, who admitted he would use the Florida State’s “Stand Your Ground,” in a quick change of strategy said that he will not take shelter in the immunity provided by the statue, but instead would present a clear case of self-defense.
According to the “Stand your Ground,” law, if a person is in reasonable fear of danger than he/she could use deadly force, without having to evade the situation. This means that even though a person has the opportunity to escape his/her attacker he/she could choose to stand ground and fight back.
But now, Zimmerman’s lawyer told the Huffington Post, “I think the facts seem to support that though we have a stand-your-ground immunity hearing, what this really is, is a simple, self-defense immunity hearing.”
The basic argument, O’Mara will make is that Zimmerman was being attacked by the unarmed teenager and fired the shots in an act of pure defense without any opportunity to escape the situation.
Last week, the Florida Department of Law Enforcement released information that shows that only the DNA of George Zimmerman, who is being charged with second degree murder of Trayvon Martin, was found on the gun used to fire at the 17-year-old. The report reveals that the gun did not have any DNA of Martin.
Recently, O’Mara announced that he will not use the Florida State’s “Stand Your Ground” law in the murder trial.
Zimmerman at the time of the fatal incident was a volunteer watch-guard of a gated community, when he approached 17-year-old Martin after observing some suspicious behavior. Zimmerman claims that the encounter soon turned into a violent affront. In an act to protect himself, Zimmerman fatally fired at the teenager. When he was arrested in February and charged with the second degree murder of Martin, Zimmerman has maintained his defense of self-protection.
However, O’Mara, Zimmerman’s lawyer, who admitted he would use the Florida State’s “Stand Your Ground,” in a quick change of strategy said that he will not take shelter in the immunity provided by the statue, but instead would present a clear case of self-defense.
According to the “Stand your Ground,” law, if a person is in reasonable fear of danger than he/she could use deadly force, without having to evade the situation. This means that even though a person has the opportunity to escape his/her attacker he/she could choose to stand ground and fight back.
But now, Zimmerman’s lawyer told the Huffington Post, “I think the facts seem to support that though we have a stand-your-ground immunity hearing, what this really is, is a simple, self-defense immunity hearing.”
The basic argument, O’Mara will make is that Zimmerman was being attacked by the unarmed teenager and fired the shots in an act of pure defense without any opportunity to escape the situation.
In July, the Florida judge set Zimmerman’s bail for $1 million, after previously revoking a $150,000 bond, for misleading the court about his finances.
He has been released from jail on bond, but under strict conditions including a round the clock GPS monitoring system.
According to Mark O’Mara, Zimmerman’s attorney, the trial is likely to start in a year’s time.
Zimmerman was arrested in February for the killing of the 17-year-old, Zimmerman who was armed shot Martin after claiming that he was attacked by the teenager and fired in an act of self-defense. 28-year-old Zimmerman has maintained the claim to self-defense from the beginning of the case.
This fiasco of a legal system has played havoc with this trial. The Trayvon Martin family has a right to have this circus cease and justice be served. This is the 3rd judge appointed to this case and I ask you, seriously, does the punk ass defense team get to continue to get judges removed because the judge does not rule in their favor?
Justice 4 Trayvon.
Filed under: Bad News, Court Room/Legal, Crime, Education, Gun Control, Gun Violence, News, Trayvon Martin George Zimmerman Tagged: | Circuit judge (UK), Florida, Jeb Bush, Lester, Murder, Nelson, Sanford Circuit Judge Debra S. Nelson, University of South Florida, Zimmerman
Jueseppi B.
The musical judge thing is bullshit. It was a seventeen year old kid packing a bag of skittles, and an armed fool with a po-lice fetish. One of them is dead. This ain’t rocket science.
Try the case.
As usual, you hit the nail on the head.