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
It’s too bad Zimmerman wasn’t tested for drugs on the night of the killing. Here’s a listing of the side effects of Adderall (Dextroamphetamine and Amphetamine)–one of the drugs that doctors had prescribed for him. (US National Library of Medicine)
http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0000166/
Adderall
What side effects can this medication cause?
Dextroamphetamine and amphetamine may cause side effects. Tell your doctor if any of these symptoms are severe or do not go away:
nervousness
restlessness
difficulty falling asleep or staying asleep
uncontrollable shaking of a part of the body
headache
changes in sex drive or ability
dry mouth
stomach pain
nausea
vomiting
diarrhea
constipation
loss of appetite
weight loss
Some side effects can be serious. If you experience any of the following symptoms, call your doctor immediately:
fast or pounding heartbeat
shortness of breath
chest pain
excessive tiredness
slow or difficult speech
dizziness or faintness
weakness or numbness of an arm or leg
seizures
motor tics or verbal tics
believing things that are not true
feeling unusually suspicious of others
hallucinating (seeing things or hearing voices that do not exist)
mania (frenzied or abnormally excited mood)
aggressive or hostile behavior
changes in vision or blurred vision
fever
blistering or peeling skin
rash
hives
itching
swelling of the eyes, face, tongue, or throat
difficulty breathing or swallowing
hoarseness
manny o, listen to the 911 tapes and ask yourself “Who initiated the confrontation?” Surely, it can’t be the teen. good grief. Z got out of his vehicle. had he kept driving the meeting would never had taken place. and please don’t say “it’s not against the law to follow someone suspicious.”
As an adult, I loved Harry Potter.
http://www.youtube.com/watch?v=iME60JZInfw (not safe for work language)
Even as a kid I loved Diana Rigg and Emma Peel, but I wish that clip had kept the original Avenger’s theme song.
Martin) was coming toward him and reaching into his waistband. Zimmerman had a gun at his waistband, so Zimmerman may have thought Martin to be armed too.
but this is really brilliant, Carol. Actually I thought that too, when I listened to this part:
he’s got his hand in his waistband. And he’s a black male
I thought, is that were you have your gun, Georgie?
To use a variation of David Larry’s metaphor, every burglar suspects anybody else to be a thief too.
Shano neither of us are familiar with the details of the community topology or where the numbers are,etc , but its not beyond plausibility that he may need to walk quite a ways to get to a point where he can actually read a specific house number. At any point in that period Martin could have produced a confrontation with him (heck Martin may have even misconstrued Zimmerman looking for a house number as following him, yet that doesnt make Zimmerman’s looking for a house number provocation or illegal) and the struggle we already know was not in a caged arena…even the witnesses on 911 heard it “moving” from back yards to front yards across propertly lines while it was happening and both were alive. For all we know Zimmerman was trying to get away and Martin just wouldn’t let him get away.
Sure we can speculate and be cynical about either Zimmerman or Martin, but my point is that data we have that is not subject to speculation is the 911 call showing Zimmerman verbally agreed not to follow Martin and Zimmerman’s statement saying Martin came up to him.
Unless there is another witness statement released in discovery or a police report a video, anything that irrefutably contradicts the 911 call’s verbal agreement to not follow Martin and zimmermans statement then it just falls into the opinion/speculation court and all that remains is the data that supports Zimmermans side of the story.
Leaked details also revealed Zimmerman was taking the prescription drugs Adderall, which is prescribed for attention deficit hyperactivity disorder and narcolepsy, and Temazepam, an insomnia medication, said Crump.
“He was on uppers and downers at the same time,” the attorney said. “These are medications that can cause side effects such as agitation, delusions and mood swings. That’s what he was on prior to the shooting. The question becomes, did those drugs have an effect on George Zimmerman the night he shot and killed Trayvon Martin?”
http://www.huffingtonpost.com/2012/05/17/evidence-trayvon-martin_n_1525285.html
Manny, the location of the body supports this. 200 ft. down a dark path away from the vehicle, away from the street addresses.
Zimmerman did say he was looking for house numbers, am I correct? If so that is a damn lie or he was looking in all the wrong places.
With afterthought, Zimmerman now sees this as his only hope.
He was trying to comply with the reasonable things to do but was prevented by a teen- one who weighs less than he does- who transported him 200 feet down a dark path. Sure.
Heck they guy may have been paranoid from his drug use and decided to teach Zimmerman a lesson for watching him by pretending to walk away and then doing a sneak attack from behind. I mentioned it on another thread, but criminals in prison literally kill other inmates just for looking at them or staring a second too long.
David Larry – You are spot on. All these posters trying to say the state of mind (who was a drug user) gives them a pass on illegal violence are way off base
Fact is the only data published shows Zimmerman on the 911 call agreeing not to follow Martin after being told as much by dispatch and Zimmermans statement that after he lost sight of Martin, Martin came up behind his flank and attacked him after talking some smack
It really is a travesty that so many news outlets and posters are just taking for granted the absolutely baseless pseudo-fact that Zimmerman “stalked” and produced a confrontation with Martin. Not a single witness statement, video, anything supports this, but supposedly “we know it happened like that”. I keep asking for a cite for that and yet known every emerges…people just desperately repeat the baseless assertion
david larry, you refuse to acknowledge the consequences of following someone while armed with a gun. the teenager was minding his own business while Z was looking for trouble. it’s obvious Z made at least one mistake(the teen was law abiding) and the other mistakes Z made are just speculation. david larry, you keep saying there was no law preventing Z from following the teen.maybe but maybe not. however when you follow a teen while armed and he’s not causing trouble and ends up with a bullet through his chest it sounds like lots of laws were broken. david larry, that teen would be alive right now living his life like a lot of teens do- yes, smoking weed is one of them but also sweet talking his girl friend on the phone. it really pains me deeply what the father is feeling right now. his son was on the phone with his girlfriend and
2-3 minutes later lying on the ground with his blood pouring out. how could that teen possibly been the aggressor while on the phone with his G/F? i read somewhere that the phone records show the police arrived within a few minutes after the phone call ended finding that poor kid dead on the ground. we will never exactly know what happened but it seems apparent that Z was out of line.
Sling,
Carol is right. That’s why police often yell the following to suspects who are running away from a crime scene: “Stop as soon as your body is able to…or I’ll shoot!”
😉
Was it
(A) …(B) …(C) …(D) W
David Larry, dear, neither of the four options. He never used his right of self-defense or SYG, if you prefer, but he never had this right, if he provoked the fight, to start with.
rafflaw,
It’s good to be in such fine company!
*****
From the Urban Dictionary
Definitions for dingus:
1. another word for a spaz.
NOTE: a dingus is NOT a stupid person, because a dingus is someone who can make you laugh by doing stupid THINGS, but they are not stupid people. a stupid person is an idiot. idiot and dingus are different.
2. A person who is exceptionally goofy or awkward in nature, but in an endearing and lovable way
Carol: “It’s unreasonable to think that someone running can immediately stop in their tracks when told to. Yes, he continued on a ways.”
Try it.
Run.
Decide to stop running.
How long does it take to stop?
Do the math.
An unhurried walk is about 3 miles per hour. 10 seconds gets you 44 feet at that pace.
A purposeful walk is about 4 miles per hour. 10 seconds gets you 58.6 feet
Zimmerman does not sound like he is running, but he is in a hurry.
A fast walk will get you about 70 week.
Whatever pace he was moving at, the sounds clearly indicate that he continued for about 10 seconds after “OK”.
He said “OK”, but “It’s ‘OK’, Jim, but not as we know it”.
60 feet or so is not “a ways”.
Going that distance indicates that “OK” was “I heard you, but these punks always get away”
Nobody knows what exactly happened.
All we know is that the two met about 200 feet or so down a dark path at the backs of those houses.
They met there because Zimmerman was a reckless wingnut with a gun.
The entire incident was due to Zimmerman’s reckless behaviour.
Blouise,
I’ll be the second coming of Emma Peel! I’ll just have to git me some white go-go boots.
anon,
Just a guess as to why the autopsy information was released: They might have thought the report/portions of the report would be leaked anyway.
So the bullet’s path is “directly from front to back” and right under the nipple which seems at odds with Zimmerman shooting up from the ground on his back with Martin on top of him, probably at an angle, hitting him.
Elaine,
As a fellow “dingus”, good work! 🙂