A Day Without a Jury or Defendant in the Noor Salman Trail

Posted on by Thor

There is some sensitive content and disturbing details included
within. If you feel you may be affected, please do not read this post.

 One day of the trial had no jury or defendant. Noor Salman had the day off. The courtroom 4B rules were relaxed and I was permitted to sit inside courtroom 4B as a member of the public. I was issued a blue slip and told to sit on the court right general public spectator benches.  The day was spent going over a laundry list of what the jury must consider when coming to a verdict. The jury would have to be  unanimous on the charge that Noor aided and abetted her husband Omar Mateen in the mass murder committed at Pulse Nightclub. The prosecution went over a list of what items would be considered aiding and abetting.

1. Noor texted Omar on the night of the attack and told him to tell his mom that he is out with Nemo. This cover story made it seem like Noor was covering for her husband’s actions.

2. The “casing” activities at City Place in West Palm Beach  on June 4-5, 2016. The timeline for this activity was later debunked with cell phone data. There was not enough time for the casing to have occurred. It was still a strange trip to take very late at night with their son Zac who usually went to bed by 9 PM.

3. A May 31, 2016 purchase of ammunition for Omar’s work firearm at Walmart Supercenter. Noor and her son Zac were on that shopping trip. The prosecution wanted to imply that she encouraged the purchase. Omar’s work firearm was not used in the Pulse Nightclub attack.

4. The fact that Noor knew about the new rifle gun case in the family car, because she didn’t want it in the car when she took her driving test. The prosecution claimed that she was getting a Florida driver’s license for the first time because she knew Omar would not be around to drive after the Pulse attack, and the defense said she wanted to be able to drive to bring her son to school.

5. On June 8, 2016, four days before the attack, Noor got her license, shopped at bass Pro shop where Omar got Ammo, went to the Florida Mall where Omar bought her some very expensive jewelry. The woman who sold them the ring noticed a tear in Noor’s eye. Was she happy or sad? The purchase of the over $7000 ring was considered an enticement to lie or
at least not tip off authorities to what Omar was about to do.They then went to Disney Springs, an Arab Restaurant and a mosque. It was on this night that the prosecutors though Noor and Omar went to Pulse but there wasn’t enough time to drive around for 20 minutes.

6. The excessive spending in the month of June leading up to the attack.

7. Omar made Noor a beneficiary of his savings and checking accounts in the event of his death.

The prosecution would have to prove to the jury that Noor knew of Omar’s intent to mass murder innocent civilians with his act of Jihad. They wanted to stress that she was at a repeated series of very important junctures leading up to the attack.  Going to the gun range was a red flag for prosecutors. She told no one about the purchase of the rifle.

The defense countered that the prosecution provided no evidence that Noor knew what “the Act” was going to be. There is no evidence that she supports ISIS. During the course of the trial holes were poked in each of Noor’s six statements written by FBI agent and signed by her. Since she and Omar never went to Pulse before, it seemed to imply that FBI agents had planted information in her testimony.

The afternoon was spent going over the instructions for the jury. Each paragraph was meticulously picked apart to be sure both prosecutors and the defense were satisfied with the wording.

Noor did not plan to testify and the jury would be instructed not to consider this as a presumption of guilt. The jurors would have to weigh the testimony from each witness. They would have to consider the circumstances and weather the witness was credible or reliable. They would need to consider the witnesses age, and training.

Omar provided material support to the Islamic state. Did Noor intend to aid in the material support of ISIS? The prosecution wanted to point out that aiding and abetting can be done with a happy heart, or a sense of foreboding. Did she intend to bring about the crime? On the count of Obstruction of justice, did Noor mislead FBI agents with the statement she made on the morning after the Pulse Nightclub attack. Dis she knowingly leave things out of her statements? Once someone chooses to testify, they must do so truthfully. The venue for the obstruction of justice charge was Central Florida. Since Noor lived in Fort Pierce, the prosecutors needed to prove that her statement were intended to mislead investigators in Central Florida.

The instructions acted as a framework for the jury’s deliberations.

What evidence should the jury see in the Noor Salman trial?

Posted on by Thor

After the jury was selected, lawyers and the judge held a closed session in which they tried to tie up some loose ends about what evidence should be presented in court on the opening day of the trial with the jury. In contention were graphic audio and video recordings. The defense wants to limit the amount of violent content which might re-traumatize families of victims, as well as survivors, who come to the trial. There is so much police body cam footage that it all can’t be seen. The defense felt that all this evidence is against Omar Mateen, the gunman, and that it has little to do with Noor Salman.

This jury trial is going to great lengths to protect the identities of jurors and witnesses. One witness, nicknamed Nemo, will never have his real name associated with his friend Omar Mateen. Nemo was apparently used as an excuse when Omar wanted to cheat on his wife. Motion 287 was raised by the defense and it precluded the prosecutors from making certain allegations in their opening statements. If a founding statement cannot be proven throughout the trial it should not go in the opening statements. Judge Paul G. Byron however denied this limitation. He feels that the jurors should be able to decide for themselves if the statements are proven. Any opening statement is not to be considered as evidence.

Points of contention were:

  • Making the statement that Omar Mateen was targeting a gay club.
  • The notion that Omar Mateen visited the Pulse website on June 10, 2016. The IP addresses were not found or verified. He logged out of Google on June 10, 2016 at about the same time as Noor claimed that he showed her the Pulse website. He may have switched to Chrome incognito which hides suspicious web activity.
  • Mateen’s purchase of ammunition at Walmart Supercenter while with Noor.
  • The fact that Noor was put on the bank accounts just prior to the attack.
  •  In the final days, Mateen’s expenses far outweighed his income.
  • A cellphone call by Angel Colon wounded in the bathroom of Pulse was not allowed. “They are shooting up the place.” Angel shouted. The call was thrown out because it would already be clearly established that there were hostages in the bathroom.

Two 911 calls from victims inside the Pulse Nightclub
bathroom were discussed. The defense argued that those calls were hearsay and should not be heard by the jury. 64 individual pieces of
evidence are to be admitted into evidence. There will be testimony from 6
responding officers and witnesses from all aspects of that evening’s response to the
attack at the club.

A phone conversation with Omar Mateen
stated that he will not harm African Americans although he had already
shot and killed African Americans on the dance floor. The fact that
Pulse is a home and and safe place for the LGBTQ community was
not considered to be the crux of the case by Judge Paul G. Byron.  A 27 second long call with
Mateen in which he mentioned a fake suicide vest and explosives was
allowed into evidence. All police traffic, car cams, and body cam
footage already submitted was allowed to be shown in court. All Walmart Super Center receipts that showed joint spending on such things as Ammo and house hold items was allowed.

Candlelight vigil at Walmart.

Posted on by Thor

I went to a candlelight vigil at Walmart Supercenter, (3101 Princeton Street, Princeton, Orlando, FL). The vigil was in memory of Master Sergeant Debora Clayton, and Deputy Norm Lewis. Clayton was shot by Markeith Loyd,
41, while in pursuit. The shooter was a  suspect in the murder of  pregnant mother Sade Dixon who was believed to be killed by her ex-boyfriend. Clayton was shot after she spotted the suspect outside the Walmart on Princeton Street
around 7:15 a.m. Monday. She was among the first wave of officers who responded on the evening of June 12th at the Pulse nightclub shoot in which 49 people lost the or lives.

After shooting Clayton, authorities said Loyd fled toward the Pine Hills
neighborhood, where he fired shots at a deputy’s cruiser and carjacked a
vehicle. Orange County Sheriff’s Deputy Norman Lewis, an 11-year veteran, was killed in a crash as authorities gave pursuit. Markeith Loyd was still eluding capture on the day of the vigil. The reward is being raised from $60,000 to $100,000 for information leading to the arrest of Loyd.

As I walked towards the vigil, two police cruisers were parked in front of the Walmart entrance. A makeshift memorial was set up with live flowers, Mylar helium balloons  and a large stuffed plush dalmatian. Photographers shot photos of the memorial and the small crowd lit candles. Votive candles were left burning curbside at the memorial.   Loud motorcycles rode into the parking lot. I thought a biker gang had stopped to pay their respects, but the bikes were parked and the biker gang went inside to shop.

I heard a metallic bang to my right as I sketched. Some careless driver had backed up into one of the motorcycles. The driver paused for a moment like a deer in the headlights when he realized there were police everywhere.  Then he drove away. A mourner pursued a bit on foot trying to read the license plate. He only caught the first three digits. When the biker came out of Walmart an officer apologized. The hit and run driver had gotten away. The bike wasn’t knocked over, so the damage must have been minimal. Cowards flee, believing they protected their boundaries.