It was July 13,2012 when the attorney for George Zimmerman filed his motion to ask the Judge to recuse himself. The basis for that motion was rather unusual. Usually a motion for recusal is based upon some connection the judge has to the parties or lawyers in a case. For example, I once was involved in a wrongful death case in East Texas where the Judge was the father-in-law of the deceased. That Judge did recuse himself the day before the trial. The importance of having a disinterested judge was illustrated by the picture of the judge that hung on the courtroom wall behind the bench. That picture matched the image of the father-in-law of the deceased who sat on the front row of the audience section of the court room. I’m sure the jury never made the connection between the Plaintiff in the case who shared the same last name as the name that appeared on the name plate on the front of the bench.
In twelve years of practicing trial law I never saw a motion to recuse because the judge perceived that a party to the case had lied while under oath, while on the witness stand. In a criminal case where the judge is assigned the task of setting bail, it is required of the judge to listen to all testimony and assess the credibility of the witness. If the judge finds any testimony to lack credibility, it is appropriate, and necessary, for the judge to take that into account when setting bail. When Zimmerman asserted that Judge Lester should withdraw from the case he did it on the basis that the Judge could not be fair and impartial, due to the Judge’s impression of Zimmerman after his dishonest testimony.
Judge Lester has now officially denied Zimmerman’s motion. Determining that a party to a case is a liar, does not make the judge “biased.” There is a difference between “bias” and “competency” at assessing the truthfulness of a party or witness. Any competent judge would reach the conclusion that George and Shellie Zimmerman lied. If he didn’t trust anything that Zimmermans said after that date, it would not be an indication of “bias,” but of competency.
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August 2, 2012 at 6:22 pm
majiir
Zimmerman appears to have become accustomed to being treated with kid gloves. He and Shellie lied. This has been proven. George Zimmerman doesn’t like being called a liar. The only thing I can say about this is that if he doesn’t want to be called a liar, he shouldn’t have lied. Judge Lester is probably one of the few people who have had the courage to call the Zimmermans liars. They got caught lying, and they have to live with it. Judge Lester would have had to recuse himself if he had told a lie on the Zimmermans, but he didn’t. He told the truth. The prosecutors had the evidence to prove the Zimmermans misled the court about their financial situation. The more I hear about Judge Lester, the more I like him, feel that he is competent and is the right judge to preside over George Zimmerman’s trial.
August 3, 2012 at 12:19 pm
malialitman
majiir,
Me Too! I also think that Judge Lester is being careful to ensure that there is no reversible error, so that in the event the jury convicts that they won’t be able to complain on appeal.
August 5, 2012 at 9:56 am
Chris
I wrote a successful motion for recusal based on a court’s personal antipathy towards the partner, but admittedly we were as much lucky that the judge was glad to be rid of the case as we were justified based on legal grounds. However, a court’s antipathy towards a criminal defendant who participates in perjury in order to have a reduced bond – and covers up about the existence of a passport – is completely different. Insulting the Court’s intelligence, and then taking umbrage when called on it – was never going to be successful. Still “A” for effort. GZ probably did not have much to lose, as the Court already has little empathy for him.
August 5, 2012 at 10:37 am
malialitman
Chris,
But I think this foolish motion may have caused the Judge to have lost respect for O’Mara too!