The evidence continues to roll in on the Zimmerman case. While the new evidence is not entirely bad for the prosecution, it does contain some evidence that will likely bolster the defense of George Zimmerman in the second degree murder trial over the killing of Trayvon Martin. Regardless of the ultimate impact, the evidence again shows (in my opinion) that prosecutor Angela Corey over-charged the case in Florida.
Some of the new evidence shows that Martin had traces of THC (the active ingredient of marijuana) in his blood stream and urine. Martin was suspended from school due to a marijuana offense (though it involved an empty marijuana baggie). Another benefit to the defense is that Martin father is shown denying that the voice calling out for help was his son — though he later changed that view when he says he was given a better recording. Other witnesses have indicated that it Zimmerman who was calling for help.
Generally, the existence of drugs in the system of a victim or defendant is admissible. The suspension would appear inadmissible under standard evidentiary rules.
There is also evidence that some neighbors described Zimmerman as a bully and a racist. That would help bolster the reported hate crimes prosecution being considered by the Obama Administration, though I still have reservations based on the evidence as it currently stands. Also the police viewed the shooting as “avoidable” — if Zimmerman had left the matter to the police.
I am not sure how much of the neighbor’s view of Zimmerman as a bully or racist could come into evidence. Such accounts, however, can have the benefit of further discouraging Zimmerman from taking the stand as a witness — always a benefit to the prosecution because (while they are told that a defendant has a right not to testify (jurors expect to hear from defendants).
On the whole, however, I would view the evidence as more positive to the defense. First, I have previously said that I was most interested in the distance of the shot and forensics. It now appears that Martin was shot from an intermediate range (no more than 18 inches and as little as an inch away). That would support the claim of Zimmerman that they were in a wrestling fight when the gun was fired. The greater the distance the stronger the case for the prosecution. The defense will likely present expert testimony to try to reduce the range further on the stand. Also, the report does have people at the scene saying that Zimmerman’s nose appeared broken — supporting the later medical report of the family doctor (though such injuries could occur from Martin defending himself).
Moreover, at least two witnesses appear to support Zimmerman in describing the man in the hoodie at straddling the other man and throwing punches. The report state that the man in the “‘hoodie’ [was] on top of a white or Hispanic male and throwing punches ‘MMA (mixed martial arts) style.’ He then heard a pop. He stated that after hearing the pop, he observed the person he had previously observed on top of the other person (the male wearing the hoodie) laid out on the grass.” One report also says that Zimmerman can be heard yelling for help 14 times on a 911 call recorded during the fight.
While the reports blame Zimmerman for getting out of his vehicle (he says that he was trying to get a house number for the police), that is not itself a crime. Of course, none of this means that Zimmerman was not the aggressor. Given the presumption of innocence and the need to prove the elements beyond a reasonable doubt, this evidence presents an added problem for the prosecution in my view. I have expressed skepticism over the way the case has developed and how it has been charged from the outset. As a criminal defense attorney, I would view this as a strong defense case even on the manslaughter charge, particularly given the poor police work at the scene.
What do you think?
Here is the police report.
Source: ABC and NY Daily News
The death penalty is not in order for anyone.
Let them contemplate their deeds or their plight as they will the rest of their lives. Death ends the pain. Life does not. As society changes, no dead men may be pardoned.
Manny let’s calculate a little more. I accept your 11 calls for Zimmerman during the period. Since the last document can’t have been a call by Zimmerman himself, at that point the police was already on the scene.
I also deducted the number of institutionalized people additionally to the under age this time, which results in 75,81% potential callers.
Now we have the basic number of 40611potential callers, if I get this right. Of the above 11 calls 9 were made in 2011. Now let’s assume everyone not under age or institutionalized in Sanford had called 9 times 911 in the same year.
40,611 x 9 = 365,499 annual calls, if every one in Sanford would call the police as often as Zimmerman does.
the volume of annual calls according to city of Sanford communications are:
still: 41,716
Now the question for you, how many dispatchers and policemen would Sanford need to hire “if system George Zimmerman” spread more widely?
@Malisha: I believe he was guilty of murdering an innocent law enforcement officer, and life in prison without parole would have been appropriate, probably.
Then we have a difference of opinion. I do not have an issue with the death penalty, if properly applied. I do think it is improperly applied in many states, but in a case like this, where I see no inkling of an error in the verdict of guilty of murder, I think the death penalty is the best thing for both the guilty party and society. If it is our intent for the criminal to die in prison of natural causes, or the victim of another prisoner, then really what is the point of continuing that existence? Compassion they failed to show their victim?
Two of my siblings were victims of murder, in separate incidents. One was 18, the other 24. Those murderers took their entire future, every future accomplishment, joy, and pride, every satisfaction, and took from the rest of us the joy of their company, their helping hands, and their comfort in times of sorrow, and imposed upon us horrific memories and grief at imagining the pain, fear and suffering they caused somebody we loved, forced to die alone.
I believe murdering once makes murdering again a high probability. Even in prison, murderers are a danger to other non-murdering inmates, and still a danger to society on the chance they escape (and we have had prisoners escape and kill again).
They do not deserve whatever minor pleasures they have while in prison, they do not deserve to enjoy a book, laugh at a movie, or even have a friendship with another inmate. They stole all of those human joys from their victim. They are permanently ruined for society, and I do not care to partake in anything they can contribute to science or art. Repentance does not move me, I do not believe in redemption. They have taken MORE than an entire life, they have taken a piece out of every person in the victim’s life.
End them. Humanely and painlessly without mess, I do not wish to become them, and it is impossible to achieve fairness, but their continued existence is a mockery of justice, and worse than pointless considering the future harm they may cause.
Malisha, the can of tea was in Trayvons hoodie pocket. I assume one of those big pouch like front pockets. It was taken out of the pocket at the Sheriffs Dept.
Manny O, the list of objects found on Trayvon Martin’s dead body did not include any keys.
He wouldn’t have needed a key, since the little boy was at home and could open the door for him. He could have even left the back glass sliding door that surfaces in so many burglaries open. If the little boy didn’t shut it, he would have only needed to slide it open. There are people out there on the web, which I initially did not not quite understand, that speculated that the little boy was exactly the reason why Trayvon may not have loved the idea of returning to his house with this stranger following. He may have had the impression the man could be a danger to the little boy too. It took me a while to understand.
But whom do you think the Toyota keys with the flashlight belonged to, I didn’t quite understand that item. Were they Zimmerman’s?
Manny O,
Zimmerman assumes that Martin is an outsider.
He knows that if this outsider is heading to (the bottom of your picture) then his way out will be the back entrance.
He is assuming that Martin – having been spotted by the vigilant Zimmerman – will be making his getaway “They always get away” via that gate.
He has a choice.
He can go back to the SUV and drive down to the gate. But that means totally losing possible track of Martin while driving down there.
Or
He can cut through the houses on foot and try heading off the “Asshole who always gets away”
I just realized something. If Martin was banging Zimmerman’s head on the ground, there would have been plenty of Zimmerman’s DNA on Martin’s hands. Not knuckles, either. Palms, fingers, nails. He had to hold that head somehow to bang it over and over, didn’t he? And as to the rain washing the blood off the sidewalk, that wouldn’t have happened in two minutes; a photograph of the place where Zimmerman’s head repeatedly hit and a few scrapings in a plastic baggie would have helped back up the story of the dramatic terrible beating administered by the thug, huh?
A 1/4 inch scrape on Martin’s knuckle could have been inflicted when Zimmerman smacked the cell phone out of his hand with his hand or even his car keys or even his gun. Where was the iced tea can when the Dee Dee conversation ended? Were Zimmerman’s car keys on him when he was searched? Were they tested for Martin’s blood or skin?
Somehow the addressed: Manny, disappeared above.
,if you are so well connected, can you send us some of George’s Neighborhood Watch newsletters too? Your link above suggests this to me.
In Sanford, at this gated community its 1.044 every day on average
Were did you get this number from? This would mean from any house inside the gated community, 250 something houses you just told us, there are four calls to the police a day. What do I misunderstand?
But concerning the discussion is George Zimmerman an average caller or a more extensive caller?
Let’s see:
Wikipedia tells us Sanford has 53,570 citizen. Unfortunately they don’t tell us about the age structure.
On this site they do, if you deduct minors you get 78,34% adults (strictly I should deduct the institutionalized too, but you get the drift?)
Now 78,3% of 53,570 inhabitants are 41967 persons.
Yearly 911 calls volume Sanford: 41,716 calls.
I know, this is a rather rough calculation, but it tells us that every average citizen in Sanford calls 911 about once a year. And Wikipedia tells us Sanford is above average concerning US crime statistics.
Do you still think George Zimmerman is the average caller?
Manny O
Please read. Responding to something that you clearly have not read only makes you look stupid.
“To be clear on the SUV location it wasn’t at the clubhouse.”
Nobody said it was at the clubhouse.
Please read above and now again what Zimmerman said – as I had quoted just above but you clearly did not read
“straight past the clubhouse and make a left and then go past the mailboxes you’ll see my truck”
“Martin RAN down Twin Trees Ln…”
No.
Zimmerman just says that he ran. Martin tells his girlfriend that he is not going to run. He’s going to walk fast.
Zimmerman does not say that Martin ran down the Twin Trees (the street).
Also do try thinking. If Martin had walked-fast/run down that street, Zimmerman would have view of him right down the street.
If Martin had gone down the street, Zimmerman would never have ended up on the footpath. Zimmerman would never have left the street.
Please tell us again how Zimmerman followed Martin for 10 seconds only, then spent 10 seconds walking back to the SUV, and then was attacked by Martin at the SUV and then ended up on the path behind the houses.
Defendants who want to show they were over-charged or falsely charged often DO post videos on the web. Check out “Harford County Detention Center” and “Valerie Carlton” on You-tube; you’ll see a jail guard administer a beating to an inmate that resulted in felony charges against the injured inmate, for allegedly “stabbing” the guard. The defendant’s team put up the video to show that it was all a lie. New York refused to extradite the woman because it was obvious that the charges were cooked up! See, if Zimmerman can prove what he says by the reenactment matching the physical evidence, that video would really help his defense team show the world the validity of his case.
The police video of Zimmerman reenacting the thing would really help solve a lot of the questions, wouldn’t it? And since a reenactment of a scenario is not a confession, perhaps the newspapers should ASK FOR IT and post it on the web and then we can all stop trying to figure out what happened — or at least what Zimmerman claimed happened.
Nothing “supports” the idea of Martin as predator and Zimmerman as prey. You don’t go looking for someone when you’re un-armed and you have already noticed that they look crazy and creepy. You particularly don’t go looking for someone you ran away from. Remember, “Shit, he’s running.” He didn’t double back. He hid out for a while and then was spotted and then, since escape had not worked, he tried defense, which also did not work because Zimmerman was armed and dangerous.
Manny O, the list of objects found on Trayvon Martin’s dead body did not include any keys. He was not going to be able to get into the house owned by his father’s girlfriend unless he went around the front and knocked or rang the doorbell. He HID from Zimmerman at first, but then Zimmerman FOUND him again and he told Dee Dee, “He’s here again,” words to that effect. “Here he is again.”
I Imagine Martin may have used this space on the complex to talk on the phone a lot while he is staying at his fathers house.
People need to get air. Teens on the phone need privacy. Ask anyone who has ever had a teenager in the house.
I meant to finish
…considering where martin’s house was in relation to Zimmerman’s SUV and the place where Martin was found dead
Martin was talking to his girlfriend! He could have been wandering around or pacing back and forth talking to DeeDee.
Still does not prove he circled around specifically to attack George. Not at all.
(note, I havent looked at the map. too lazy)
The reason I think Martin was running on Twin Trees Ln was because that is how Zimmerman saw him going towards the rear entrance once Martin passed the SUV. If he had run into the footpath, Zimmerman would have lost sight before knowing he was going to the rear exit
Still the big problem here for the prosecution is how when Martin was free and clear of ZImmerman’s sight and well on his way home. he ended up traversing 500-600feet to rendezvous in the general area of where Zimmerman was the whole time and where he died. Its not feasible that Zimmerman Ran 500 feet to the rear entrance and then chased Martin 500-600 feet back to the area where Martin ended up dying.
That really support Martin as a predator and Zimmerman as the prey once Martin passed Zimmerman and the SUV
Sling – Martin RAN down Twin Trees Ln toward the rear entrance as Zimmerman told dispatch and then either came up through that foot path or came up on retreat view circle drive then crossed between the houses where he confronted Zimmerman. The struggle ensued and during the struggle they migrated just a single house width into the foot path and then up a few doors towards the other smaller footpath that is perpendicular to the longer footpath
Sling – You say Martin’s house was down toward the rear entrance…we already know Martin was running in that direction when Zimmerman lost sight of him. Gee…I wonder why Martin just didn’t go home, but instead back tracked towards Zimmerman and the opposite side of the complex (500-600 feet from the rear exit) to where he died? Again that shows Martin wasn’t just trying to go home (assuming you are right in saying where his house was)
To be clear on the SUV location it wasn’t at the clubhouse. It would make the most sense to be at the elbow of Twin Trees Ln or just past the elbow on the way to the rear entrance. That position would have given a Watch person clear distant view of both streets. That is why he told police to come in the main entrance…turn left and then they will see his truck down that short street at the elbow
So Manny O
Now that you know the layout and have pinpointed where things were and where they ended up, how about.
Martin is described by Zimmerman as coming towards him from the clubhouse.
You see where Martin is headed. He has to pass the SUV.
Zimmerman gets out to follow him.
Martin heads up the pathway from the bend in the street towards the path that will lead down between the rows of house to where he is staying.
Martin tells his girlfriend that he will walk fast.
Zimmerman say “He ran”.
911 dispatcher: He’s running? Which way is he running?
Zimmerman: Down toward the other entrance of the neighborhood.
911 dispatcher: OK, which entrance is that he’s headed towards?
Zimmerman: The back entrance.
The back entrance is at the bottom of your picture.
Zimmerman knows that if he cuts trough between the houses, he can intercept someone who has taken the longer way using the footpath.
So maybe Martin is coming down that footpath right to left in the picture.
Maybe he finds Zimmerman in his path.
“Why are you following me?”