Criminal law, Society

New Evidence in Zimmerman Case Undermines Prosecution’s Case on Second Degree Murder Charge

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

1,444 thoughts on “New Evidence in Zimmerman Case Undermines Prosecution’s Case on Second Degree Murder Charge”

  1. Leander, it is not a written note from the ME man who worked with him; it is a taped interview, about 15 minutes long. I clicked on it and it played on my computer. The guy was very well spoken and very restrained, but the story he told was an important one: THIS IS A BULLY.

  2. Malisha, this is really important note

    Apart from what you say, which I went back to since I didn’t “store” it to the extend it deserves.

    If you follow your link to the NPR article, part of the citation of the Miami Herald article by Frances Robels et al has disappeared.

    Also included are cell phone records for Zimmerman, Trayvon Martin, and the girl Trayvon chatted with in the moments before his death. In a court filing earlier this week, prosecutors said they also plan to present Zimmerman’s cell phone text messages, photos and videos from the weeks after Trayvon’s controversial death.a really important note

    It is obviously wrong since this evidence wasn’t included. But it reminds me of the remarks by Bernie de La Rionda during the bond hearing, when Zimmerman had taken the stand. Can O’Mara challenge the publication of this information in any way? What do you think? Privacy?

    Besides I noticed that man of ME descent you allude to above, is among the released papers. If so, it must be among the written statements, some of which I have enormous troubles to decipher. I have to admit that I have this problem even with German handwriting on photocopies (? wasn’t there a different term in the US?). It feels to me it is much more easy to read the original in the respective archive, if you have the additional problem with deciphering to start with.

    Which one would that be? Anyone? Page number?

  3. He had been fired from jobs for being too much of a wild-eyed Rambo (security guard at private party, “under the table” so he didn’t pay his tax on money earned, apparently) or too pestiferous and irritating (sales at some kind of larger retail outlet where he bullied a Middle Eastern employee hired a few months after him, and where he called HR constantly with complaints). He was getting on the nerves of the NW group itself and he was getting on the nerves, probably, of the police, calling in kids playing and garage doors and barbecues in the summer. Now why would they hurry out there?

    thanks for the hint about gravity in one of your notes above. I have to check that with the analytics in the case.

    First a but: In Germany students did not have to pay taxes for most of the time I needed it. Strictly by now I have a mixed feeling about it, but that would be to complicated to explain. One tiny hint though, the deductions go partly into pension rights, and the firms that hire students do not have to pay their share, half of it. What are the laws/rules in the US.

    Do you remember where you found the story about the employee of ME descent? I noticed the video, Sling?, posted.

    Any chance you remember the source of getting on the nerves of the NW group?

    Concerning your suspicion he may well have been getting on the nerves of some police officers too, since he doesn’t seem to be a very efficient reporter, I agree that may well have been the case. Have you taken a closer look at his first 911 call (2004) were he reports and chases an old Ford with a “bed painted yellow”, the last entry is recorded as REM, or data entered, he is asked to stop following the car.

  5. There is no way for Martin to be approaching Zimmerman from the clubhouse and to then be running towards the rear exit without him passing Zimmerman.

    People locate Zimmerman’s car at different points. I was hoping in the papers it would finally surface were exactly he was parked. Fact is that it was probably completely ignored. I guess the only person who knows is Zimmerman himself or his wife.

    I made one mistake. I thought the car may well have been parked in the curve, quite possibly the “elbow” you allude to. Google earth with a car parked exactly in that curve, next to the cross walk, in the car direction from back entrance towards front gate, inspired me to think that may have been the place. I wasn’t aware of two things at the time, a) yes there is parking space in front of the houses, b) it is very, very unlikely that Zimmerman would have parked there after RTL cracked down on parking “sinners” and speed offenders (only 15 miles / hour allowed) extensively, as you can learn in the RTL newsletter in the latest documents released.

    Correct me if I am wrong, but are you suggesting Zimmerman parked behind the curve (your elbow?), or turn right of Twin Trees, shortly after or even in the curve, if I remember correctly.

    In that case, a) how could Zimmerman have watched TM approach from the clubhouse, if he was parked behind the curve, b) wouldn’t that have been even more easy to describe to the dispatcher even for a foreigner like me?

    What do you think about the hypothesis that the problems in communication between the dispatcher and GZ are based on the fact that Zimmerman is irritated about the fact that the dispatcher is trying to nail/pin him down on the exact location of his car , while he told him that his object of observation is moving, even running?

    Take a closer look at his call on 02/26/2012, that is the incident Frank Taaffe claims Zimmerman prevented a burglary in his house. I have the impression Zimmerman calls again to give the precise location. To do so he has to move, observe the person. This is exactly his intention when he tells the dispatcher, to tell the officers to call him once they arrived. I think the narrative about looking for an address is an alibi for his larger tale.

  6. Manny,

    Thanks for the info re neighborhood watch. I’ve used lower case b/c they aren’t affiliated with the Neighborhood Watch that has thought through how the watchers should do their task and provide training for it. I think what this community did was penny sound and dollar foolish. They saved pennies by not tying into an experienced group and getting training for their Rambo. Their intentions might have been good, but by giving Z the go-ahead to patrol with a weapon was dollar foolish. Even without a civil lawsuit they’ve had a shooting death in their own front lawn and everyone knows about it. Great publicity. I’ll bet Z isn’t the only one losing sleep over it.
    =================================

    Malisha,

    “I did read this wacko section of the Florida SYG law that says they can’t bring a civil case if it’s dismissed under the SYG, …”

    I guess ALEC and the NRA did a great job for corporations who want their security people to be able to use deadly force without consequences.

  7. Manny, no matter who the judge is, the only way to get evidence of alleged self-defense on the stand is by the remaining living witness to the scene, which would be Zimmerman. Whether he testified on a motion to dismiss the charges or he testified at a full trial in front of a jury, you will still have the problem of the three statements (being hidden from us because they are considered “confessions” illogically and incorrectly) and the video of Zimmerman reenacting a scene that arose in his fevered mind. Since it would not be acquittal, I think it would be possible for the prosecutor to appeal it if that happened, because if the “confessions” and the video don’t match the physical evidence and witness calls and so forth, the judge would be sitting there with a very public “abuse of discretion” on his chart. But as I say, let defense counsel know right away because he might not have thought of it.

  11. Tony C – Well…have you sees the “scared straight” shows where they march the teenagers into prison for a day so the inmates can tell them to change their ways so they dont end up like them? Life without parole folks are pretty effective advocates

    But I admit still pretty tawdry reason. It does have an exceptional success rate at preventing young and up and coming thugs and thugetts from continuing their life of crime until they get thrown into hard prison

    For me it comes down to dollars. Whats the cheapest way to deal with them.

    Sure, it costs a lot to keep them incarcerated, I think its roughly somewhere around 45K a year per prisoner depending on the CI and the state

    Trouble is with the Death row is they get so many appeals that even with a death sentence they still end up spending decades and decades in prison anyway

    I actually support the death penalty, but what really needs reform is the appeals process. There should be a way to fast track death sentences under certain circumstances. We don’t want to kill anybody that might actually be innocent. There has been WAY to many whoopsies on that front, but if there is an incredible burden of proof met then yeah, end their life for life with no parolers stop spending the money to sustain their life

  12. @leander: Except the majority of them do not contemplate their crime at all. They enter a violent society where they are fed, sheltered, and entertained, and continue their life, forming relationships, friendships, cliques, gangs, and becoming a lethal threat to prison guards and a lethal terrorizing force against other prisoners that did NOT commit a murder.

    I see no reason to leave murderers alive when there is no doubt they intentionally committed a murder and we intend for them to spend the rest of their life in prison, which means we intend for them to die in prison. I see plenty of good reason to just end a life that will be entirely wasted watching daytime TV anyway.

    We do not have to wait for old age, disease, or some other inmate to do the job for us. We should end them, their life is pointless and can only do us harm, and being squeamish about it rewards murderers with comforts and awareness they no longer deserve.

  13. Malisha – I am glad the judge was swapped out. This new judge has shown some real backbone to not cowtow to the manipulation and pressure of the media and politics just in the hearing. I think he will make the right decisions (unlike Corey for example as Dershowitz rightly indicated is AT BEST guilty of willful blindness). With that tragedy of a probable cause affidavit…I’d say prosecutorial misconduct and don’t get me started on the Corey handling of Marissa Williams case

  15. Rafflaw, I did read this wacko section of the Florida SYG law that says they can’t bring a civil case if it’s dismissed under the SYG, but I’ll bet it would be a little different if a civil case against the HOA were to go forward after a criminal case against Zimmerman himself were dismissed. Obviously it would be a denial of due process to preclude a suit against one entity for a tort because of lack of criminal responsibility on the part of one of its agents. In fact, homeowners’ insurance policies will pay off if you’re injured by their insureds SO LONG AS IT IS NOT CRIMINAL behavior that caused the injury. So I think the HOA might have a row to hoe to escape even if Zimmerman got a fairy-tale ending and lived (somewhere else) happily ever after.

  16. Hi Rafflaw

    This is different, OJ didn’t get his case dismissed on SYG in Florida…

    From what I have researched, the Florida SYG law has a provision that will give Zimmerman immunity against ANY civil suits from the incident.

    I don’t know for sure if they will play the SYG defense card or old fashioned self-defense card, but it sounds like they will do SYG, perhaps to get that immunity

  17. Keep thinking hard on what you would do if you were the judge. And when you get it all worked out, send a letter to Mr. O’Mara so you can clue him in; these lawyers have so much to do that they’re always glad for a little help.

  18. Manny,
    The outcome of the criminal matter has no bearing on any possible civil lawsuit. Do you remember the civil case against OJ?

  19. Malisha – From what I have read the Judge has the authority to just dismiss the case without a trial if he finds it a justifiable homicide, which so far, with what we have seen in released data supporting Zimmerman…would not be too difficult

  20. ZimmermanVictim, ZimmermanVictim, ZimmermanVictim. It has such a good ring to it. Poor George Zimmerman, thought a guy was just bothering his friend and it turns out the guy is ATF. Poor George Zimmerman, got beat up by his girl and she ran to court claiming he hit her first, poor George Zimmerman. ZimmermanVictim. Poor George Zimmerman, tried to rid the world of a thug and instead got himself over-charged for a parking meter, broke-nose headkonk, poor poor George. Kinda goes along with a good beat, dontcha?

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