George Zimmerman's attorney Mark O' Mara files request for judge to recuse herself...

[PoliticAverse]

Source: CBS News

from the Trayvon Martin case

(CBS) SANFORD, Fla. - Mark O' Mara, George Zimmerman's attorney, filed a request that the judge assigned to his client's case recuse herself on Monday, reports CBS affiliate WKMG.

O'Mara met with Zimmerman at the John E. Polk Correctional Facility on Monday to have him sign the motion, which asks for Circuit Court Judge Jessica Recksiedler to recuse herself so that a new judge can be appointed before Zimmerman's bond hearing on Friday.


Read more: http://www.cbsnews.com/8301-504083_162-57414839-504083/george-zimmermans-attorney-mark-o-mara-files-request-for-judge-to-recuse-herself-from-the-trayvon-martin-case/

[PoliticAverse]

1. WKMG story with more details...

O'Mara became Zimmerman's attorney after being recommended by attorney Mark NeJame, who was contacted by Zimmerman's family. Recksiedler's husband, Jason Recksiedler, works at NeJame's law firm. Recksiedler has been a judge for nine months and was chosen out of a lottery to oversee the trial.

"Because she's related to Mr. NeJame's office and this case is going to get so much scrutiny, it makes sense to address it and resolve it now," O'Mara said. He said he doesn't suggest Recksiedler would be biased, but that it's better to address it sooner rather than later.

http://www.clickorlando.com/news/George-Zimmerman-s-attorney-files-motion-for-new-judge/-/1637132/10922106/-/14oohi9/-/index.html

[vaberella]

9. I like this O'Mara guy more and more.

I always get the vibe that he's working against his client though. Just in the things he says presently and in the past gives me the vibe that he's for the prosecution. Although everything he's done is by the book and makes sense.

[former9thward]

15. You like someone you think is violating the eithics he took an oath to?

I don't think he is acting as you think he is but your statement would say more about you than him.

[DallasNE]

19. Judge Recksiedler Offered To Recuse Herself Over This Conflict

So this was fully expected. This could well be a tactical move by the Zimmerman family since they knew Judge Recksiedler was assigned the case and the best way to get rid of her was to go to her husbands law firm for advise thus compromising her position. I don't see how a new Judge can be expected to hold a bail hearing on such short notice so I expect a short delay to give the new Judge time to review the case. I don't see how this maneuver helps George Zimmerman nor do I see how it hurts him but the dad may know something I don't.

[asjr]

2. Now we go judge shopping.

[wandy]

5. If not judge shopping, at least attempting to make as much profet as possable....

Their are those donating to the 'defence' fund. Each and every leagel action is another check.
We might as well get used to it.
This story will continue to be rewritten for a long, long time.
sad.

[customerserviceguy]

12. Not judge shopping

Judge mind-fucking. If this judge does not recuse herself, then she will feel a subtle pressure during the trial to bend over backwards to give in to most things Zimmerman's lawyer wants. And she won't even know it.

If she does recuse, it sends a signal to the next judge that Zimmerman's attorney is not to be screwed with. There are so very many games that a truly smart attorney can play, even before the trial.

[kiri]

17. top notch

Merely requesting recusal sets the stage for later appeals. And as you said, tilts the stage in favor of Zimmerman and his attorney. It is a very clever ploy. Have to appreciate that Mara knows many tricks. And if the prosecutors are not up to this level, they will lose. Likely the prosecutors are sadly lacking.

[customerserviceguy]

18. This guy

Didn't take the case because he was bored and had nothing better to do. He wanted a forum on a national stage where he could really show rich perps how he could skillfully use the courts to get any result they paid him for.

[4th law of robotics]

22. Didn't she offer to recuse herself?

I forget the reason but I remember seeing that it was initially her decision (or at least she stated the possibility).

[Bjorn Against]

3. On what grounds?

Nowhere in the text of the article does it say any reason as to why she should recuse herself. Does anyone know? I heard of the one judge recusing herself because she was married to a person who has connections to CNN, but my understanding was that she already recused herself last week so my assumption is that this must be a different judge. Is there a legitimate reason to ask her to recuse herself or are they just shopping for judges?

[whistler162]

4. The judge gave both sides the option of

requesting her recusal. Zimmerman's lawyer took her up on the option.

[PoliticAverse]

6. No she offered to recuse herself, now apparently a formal motion has been filed asking her to.

See this article for more details:

http://www.clickorlando.com/news/George-Zimmerman-s-attorney-files-motion-for-new-judge/-/1637132/10922106/-/14oohi9/-/index.html

[magical thyme]

7. yes, and clearly not judge-shopping -- the judge and Zimmerman's lawyer have a connection

It's right in the 1st reply above, with link to another article with more detail.

The judge worked for the same attorney that recommended Zimmerman's lawyer.

[Bjorn Against]

8. I see the reason now in the first post...

They make it sound like it may be a legitimate reason, but it also sounds like her connection is to Zimmerman and not the prosecution so I am a bit suspicious as to why the defense would ask her to recuse herself, I don't think they would ask her to recuse herself if they thought she would be biased towards Zimmerman. Did they intentionally create this conflict in order to keep her off the case?

[vaberella]

10. Actually it makes perfect sense.

This case is getting a lot of public scrutiny. If the media had picked up on the relationship the presiding judge had to Zimmerman during the trial it would be a fiasco. You and I both know Al Sharpton, Lawrence O'Donnell and the like would be over that like white on rice. About the conflict of interest, the biasedness of the judge and so on and so forth and the fact that she might not be fair in her decision.

It would just have been made into a media circus. That's why I appreciate O'Mara's statement about addressing the issue sooner rather than later. It could damage the case irreparably.

[csziggy]

11. The other piece of it is that Mark Nejame, the judge's boss, recommended O'Mara

As one of several lawyers for Zimmerman to pick from. Zimmerman tried to hire Nejame March 13, Nejame turned him down. Last week when Zimmerman's attorneys quit, he contacted Nejame again and Nejame gave Zimmerman a list of attorneys. O'Mara was on the list.

It's not so much the judge's direct link, but that her husband's boss had a very direct contact with Zimmerman. I think recusal is correct and am glad that this is happening.

[onenote]

21. They could not have "intentionally created this conflict"

O'Mara took on the job of representing Zimmerman before Judge Reckseidler was assigned the case.

[PoliticAverse]

23. And Reckseidler was 'chosen at random' to hear the case. n/t

[Sarah Ibarruri]

13. SEALED RECORDS? nt

[PoliticAverse]

14. Don't taint the jury pool by trying the case in the press first. n/t

[Sarah Ibarruri]

16. That's true, but this recusal is intriguing... nt

[onenote]

20. I'm curious whether any of those posting in this thread are lawyers

with experience in the Florida court system. I see a lot of speculation but not a lot of actual information.
The information I have been able to glean from some research and a call with a former colleague who now practices in Florida is that the judge assigned to the case is a relatively new judge with limited experience in criminal cases; thus, it is unlikely that either side has much sense of how she would handle this particular case. Also, judges in Florida criminal cases are, as is typical in many jurisdictions, assigned randomly for the most part. (There are exceptions where a case is related to another case that a particular judge handled or where workload considerations counsel against giving a judge overlapping cases).