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| George Zimmerman granted new judge on grounds of bias at bail hearing | George Zimmerman granted new judge on grounds of bias at bail hearing |
| (7 months later) | |
| George Zimmerman scored a significant legal victory on Wednesday night when a Florida appeals court ruled that the judge overseeing his case for the murder of Trayvon Martin must be removed. | George Zimmerman scored a significant legal victory on Wednesday night when a Florida appeals court ruled that the judge overseeing his case for the murder of Trayvon Martin must be removed. |
| A panel of senior judges ruled two to one to side with Zimmerman's lawyer Mark O'Mara, who argued that circuit court judge Kenneth Lester was biased against his client for scathing comments he made at an earlier bail hearing. | A panel of senior judges ruled two to one to side with Zimmerman's lawyer Mark O'Mara, who argued that circuit court judge Kenneth Lester was biased against his client for scathing comments he made at an earlier bail hearing. |
| Lester had accused the neighbourhood watch captain of "manipulating the system to his own benefit" by failing to declare his wealth from donations to a personal website in order to secure a lower bail amount, then refused to disqualify himself when O'Mara protested. | Lester had accused the neighbourhood watch captain of "manipulating the system to his own benefit" by failing to declare his wealth from donations to a personal website in order to secure a lower bail amount, then refused to disqualify himself when O'Mara protested. |
| "While this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency," judges Alan Lawson and Jay Cohen, of the fifth district court of appeals, Daytona Beach, wrote in their majority decision granting O'Mara's motion. | "While this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency," judges Alan Lawson and Jay Cohen, of the fifth district court of appeals, Daytona Beach, wrote in their majority decision granting O'Mara's motion. |
| "We direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge." | "We direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge." |
| It is the second time that Zimmerman, accused of second-degree murder for the shooting of unarmed black teenager Martin in a February confrontation in Sanford, has been granted a new judge. | It is the second time that Zimmerman, accused of second-degree murder for the shooting of unarmed black teenager Martin in a February confrontation in Sanford, has been granted a new judge. |
| Soon after his arrest in April, judge Jessica Recksiedler stood aside because her husband's legal partner Mark NeJame, a prominent Orlando attorney, was hired by news channel CNN as an expert analyst on the high-profile case. | Soon after his arrest in April, judge Jessica Recksiedler stood aside because her husband's legal partner Mark NeJame, a prominent Orlando attorney, was hired by news channel CNN as an expert analyst on the high-profile case. |
| Zimmerman, 28, denies murdering Martin on the grounds of self-defence, and O'Mara has said he will seek a hearing under Florida's stand-your-ground law for the charge to be dismissed. | Zimmerman, 28, denies murdering Martin on the grounds of self-defence, and O'Mara has said he will seek a hearing under Florida's stand-your-ground law for the charge to be dismissed. |
| Martin, 17, was the aggressor in the encounter, O'Mara maintains, and broke Zimmerman's nose and slammed his head on to concrete before the defendant drew his gun and shot the teenager once in the torso. | Martin, 17, was the aggressor in the encounter, O'Mara maintains, and broke Zimmerman's nose and slammed his head on to concrete before the defendant drew his gun and shot the teenager once in the torso. |
| The spat with Lester came in June, when prosecutors alleged that Zimmerman hid more than $135,000 in donations to a website he set up to pay for his defence. | The spat with Lester came in June, when prosecutors alleged that Zimmerman hid more than $135,000 in donations to a website he set up to pay for his defence. |
| Zimmerman's wife Shellie, 25, told Lester at a bail hearing that the couple was virtually penniless, convincing the judge to grant bail at $150,000. | Zimmerman's wife Shellie, 25, told Lester at a bail hearing that the couple was virtually penniless, convincing the judge to grant bail at $150,000. |
| When Lester was informed of the amount of the donations, he revoked Zimmerman's bail then lambasted him in a written decision that raised the bail amount to $1m. | When Lester was informed of the amount of the donations, he revoked Zimmerman's bail then lambasted him in a written decision that raised the bail amount to $1m. |
| "Under any definition, the defendant has flaunted the system," Lester wrote. | "Under any definition, the defendant has flaunted the system," Lester wrote. |
| "The evidence is clear the defendant and his wife acted in concert, but primarily at the defendant's direction, to conceal their cash holdings." | "The evidence is clear the defendant and his wife acted in concert, but primarily at the defendant's direction, to conceal their cash holdings." |
| State attorney Bernie de la Rionda told Lester that the Zimmermans frequently transferred large amounts of money between their accounts and that George Zimmerman kept a secret second passport hidden in a bank safety deposit box, making him a flight risk. | State attorney Bernie de la Rionda told Lester that the Zimmermans frequently transferred large amounts of money between their accounts and that George Zimmerman kept a secret second passport hidden in a bank safety deposit box, making him a flight risk. |
| Shellie Zimmerman was later charged with perjury, and she and her husband remain free on bond. | Shellie Zimmerman was later charged with perjury, and she and her husband remain free on bond. |
| O'Mara, who claims the defence fund is now virtually exhausted, accused Lester of making "gratuitous, disparaging remarks about Mr Zimmerman" in documents to the appeals court seeking a writ of prohibition. | O'Mara, who claims the defence fund is now virtually exhausted, accused Lester of making "gratuitous, disparaging remarks about Mr Zimmerman" in documents to the appeals court seeking a writ of prohibition. |
| "The court has created a reasonable fear in Mr Zimmerman that the trial court is biased against him, and as a result of this prejudice cannot receive a fair and impartial trial," he said. | "The court has created a reasonable fear in Mr Zimmerman that the trial court is biased against him, and as a result of this prejudice cannot receive a fair and impartial trial," he said. |
| Special prosecutor Angela Corey, who charged Zimmerman in April after Sanford police originally set him free in February, had no immediate comment on the appeals court decision. | Special prosecutor Angela Corey, who charged Zimmerman in April after Sanford police originally set him free in February, had no immediate comment on the appeals court decision. |
| Judge Kerry Evander was the dissenting member of the appeals court panel, arguing that Lester was within his rights to criticise Zimmerman for his conduct. | Judge Kerry Evander was the dissenting member of the appeals court panel, arguing that Lester was within his rights to criticise Zimmerman for his conduct. |
| "Although [Lester] clearly manifested an exceedingly strong belief that Zimmerman had flouted and tried to manipulate the system, I do not believe the order crossed the line so as to require the granting of his motion," he wrote. | "Although [Lester] clearly manifested an exceedingly strong belief that Zimmerman had flouted and tried to manipulate the system, I do not believe the order crossed the line so as to require the granting of his motion," he wrote. |
| Zimmerman's next court appearance is scheduled for October, although no trial is expected before next year. He faces at least 30 years in jail if convicted. | Zimmerman's next court appearance is scheduled for October, although no trial is expected before next year. He faces at least 30 years in jail if convicted. |
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