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
Oh, and here’s a good one. “Actually I forgot that I was carrying a loaded gun. But I had it in my right side; but I’m left handed but I reached for it with my right hand; oh, and yeah, I pushed him on the ground until he stopped struggling and somebody came up and I said, help me restrain him.”
Throughout the statement he refers to his victim as “the suspect.”
Delusional? He and the police are ALL delusional. Serino’s coaching him; the voice-stress guy is coddling him; the whole thing is so disgusting.
Where are those feds, all busy selling guns to Mexico?
Clearly the dispatcher doesn’t ask him for a precise address; also does not ask him the other questions he narrates.
Most important: he never says to dispatcher, “He’s circling the car now.”
See the “voice stress test”? Hilarious. So obvious that the police were working FOR Zimmerman. “What do you call him, the kid, the guy?”
Answer: the guy.
OK, we’ll call him “the guy” then.
Not, “What did you think when you first realized you shot the victim?”
Just, “tell me ‘no’ when I ask if the walls are green so I can see if you’re stressed when you lie.”
Give me a break. OMG this is so obvious, HELP HELP HELP!
It feels if his story wasn’t partly made up, it would fit a lot better into the 911 call. But it somehow doesn’t. Clearly at no point the dispatcher asks him for a precise address.
But interesting that he mentions his 02/02/12 call, where he indeed called back to correct the address. Even Frank Taaffe’s house surfaces again in the re-enactment. Interesting. I had this all the time on my mind.
I just has a quickie at the written statement.
When I get back from real stuff, I’ll do a special on my blog.
That statement v. the recording of his call …………. oh dear!
OK, Taaffe spells like this I think. Was too late to correct, since again I already had my finger on the post button.
Very interesting, his video re-enactment, and there is always something peculiarly controlled about his face. I am sorry, I can’t help.
I just watched the ‘re-enactment’ and one police station video
From that he has at least five problems I think
1. In ‘re-enactment’, he’s over at Retreat View Circle when he ends the call.
So he takes over two minutes to cover the 120 feet from there to the place at the side of the house where he says Martin came at him.
He’s George Zimmerframe, and someone had attached heavy chains to the frame.
2. His description of the exchange is still “Problem? – No – Do now” – which in no way matches the earwitness description of two aor a group of men arguing.
3. The fight takes place about 12 feet from the T-junction. The body ends up a further 40 feet South down the central path.
4. In both, he describes the gun being on his hip. His hand goes right to the side of his hip, not forward.
It it possible to have a concealed holster *inside* the waistband at that position?
5. It was really dark. The only light in the area was the back porch light of the second house down, where Witness #6 describes them wrestling.
Martin lying on top of Zimmerman on the grass, and moving like that onto the concrete as he locked his door.
For the next part of Zimmerman’s story to work, Martin has to change to a sitting position and sit far enough down Zimmerman’s thighs to be able to see his waistband (or rather have to possibility to see it if there were enough light)
a) This position would make it near-impossible for him to grasp Zimmerman’s head and bang it
b) Martin has his back to the only light source in the area. His body is shading Zimmerman. The amount of light is extremely low.
I’ll read the statements later.
Throughout the written statement Zimmerman gave the cops on 2/26/2012, he calls Martin “the suspect.”
The re-enactment is not a re-enactment. It is just Zimmerman doing a narration, and he has bandaids on nose and head where they were NOT NECESSARY the night before and NO BLACK EYES.
Also, his story in the “re-enactment” does not match either his statement, his non-emergency call to the police, OR the physical evidence.
Make a deal, O’Mara.
Tracy Martin’s 911 call to report Trayvon missing and the call back by police.
Maybe I haven’t noticed before, but is this the first dispatcher responding with telling her name? …
UPDATE:
Bill Lee, Sanford Police Chief Criticized For Mishandling Trayvon Martin Case, Fired
“The police chief at the center of the Trayvon Martin shooting case has been fired, according to sources who spoke with FOX 35. A spokesperson confirmed the news to CNN.
Police Chief Bill Lee was Sanford’s top law enforcement official when George Zimmerman killed Trayvon Martin in February. Lee has been under fire for months for his department’s handling of the case.
Lee submitted a resignation letter in April, but it was not accepted, and he has remained on administrative leave ever since.
Richard Myers, a former chief of police in Colorado Springs, Colo., has been serving as the town’s top cop in the interim.
According to FOX 35, an official announcement is expected Thursday. “
I forgot to add on 17th, the latest call released, he still had no contact with O’Mara.
talking FROGS? Kids games?
Third test, I’ll try with one link less
The only thing I found interesting, is the extend to which he thinks he needs to control Shellie with the help of his sister. He tells her a multitude of times what to do and to remember the passwords and questions to write them down and keep them in several locations. Is that really his problem as much as Shellie’s? After all everything works fine while “sis” observes and controls Shellie on George’s behalf.
The whole transaction business feels pretty juvenile for me, ditto the anxiety about security arrangements. Shellie clearly considers George a hero.cutie, sweetie honey, I am proud of you.
He changed his antidepressant: Mirtazapine (Remeron, Avanza, Zispin) and he needs painkillers for his back, additionally to “his” Adderall. Who is Gracie?
Jeralyn put up a file with the complete transcripts in one file.
ZIMMERMAN: um, Gracie conferenced us.
first page. Seems he initially wanted “Gracie” to do what Shellie does then,
2012/4/12 p. 1-7 16:43:27 – 11:47*
2012/4/15 p. 8-19 15:29:04 – 16:14
2012/4/16 p. 20-27 13:34:31 – 16:31
2012/4/16 p. 28-38 14:26:41 – 16:09
2012/4/16 p. 39-51 16:32:12 – 16:16
2012/4/17 p. 52-63 11:27:26 – 16:07
Who is Gracie?
* time calls starts and total time.
Obviously these are attempts to hide the money, but I do not think it will harm him much. In the above time frame he only saw O’Mara once were he had to sign something in connection with getting rid of the judge (p 33). There was no time for a talk. And on the second to last call Zimmerman says O’Mara’s number is unavailable for him from jail, blocked or something (p.51).
Example of Dialogue for talking frogs:
F-1: Hey what you doin’ on the mudbank?
F-2: Croak.
F-1: You talkin’ to me?
F-2: Croak.
F-1’s father: F-2 told my son he was gonna die tonight, or words to that effect!
F-1: BANG BANG.
F-2: Plop.
Captain Green of the Frog Police: “Hey you killed him in defense of your own skin, dintchoo?”
F-1: Yep. Ribbit.
Captain Green: “Ribbit? Rib-THIS?”
F-1: Yep.
Captain Green: OK then, thanks a lot for stopping by. Someone will call you soon to do a survey on how you feel you were treated by our department, OK?
F-1: Yep.
Sharp-Splash and Green-Skin: HEY NO FAIR HEY NO FAIR NO NO NO NO FAIR HEY NO FAIR NO FAIR HEY NO FAIR!! [all damn night long; nobody can damn sleep in this pond!]
Frog Princess: OK, I prayed, Frog-1 has to answer for this.
F-1’s lawyer: He din do nuttin; he was just scairt and mistrustful, thass all.
F-1’s wife: Yeah, ‘sides, it was self-defense.
==================
See? Better than Georgie and Shellie Z any day.
Shano, do you m ean Jerry Springer is still on TV?
WHo is Nancy Grace?
What is “reality”?
I write dialogue for talking FROGS that is more interesting than they are. ” Malisha
ahahahahahahhah
Think they could make the cut for Jerry Springer? Nancy Grace?
gak, all those reality shows are so boring! B.o.r.i.n.g………
OMG, Leander, I read those transcripts, OMG OMG.
These two people are so boring, I don’t think I could have stood being in the room with them for 3 minutes without screaming and tearing my hair. They are soooooooooooo boring!
How does a person get that boring? I mean, I write dialogue for talking FROGS that is more interesting than they are. They would have to be coached to appear in the AUDIENCE of a GAME SHOW!
OMG, OMG, they should both get life to 40 for being so BORING!
Malisha, I am two-timing lately. Here are some transcript links. I had an extensive chat with cboldt. Or did you handle the issue with audio files by now?
I am really wondering what the bank surveillance video will be about. It feels and others feel it can only be connected with Zimmerman.
Irony of ironies, if this guy would have treated his wife as a partner, he wouldn’t have needed to give her orders from his prison cell.
151 calls? He wasn’t in jail that long; he must have been on the phone a helluva LOT. I wonder if any other inmate had any chance to even “phone home” while George was there.
Considering how many cases, even death sentence cases, use “jailhouse snitch” evidence to convict, you’d think that Zimmerman would realize that whatever he says (and even what he DOESN’T actually say) from inside will become part of the case. Hello, Hello, Hello!
As to whether the jailhouse calls have any relevance to the case, well, HELL YES THEY DO, because HIS defense case is made entirely of what HE SAID about what HE DID and all of it after the fact.
His defense is made of: “Here’s what I did, and why.”
And thus, all there is to George’s case is George’s credibility. No corroboration. No presumptions. Just pure credibility.
George’s credibility = the defense case. Anything relevant to his credibility is relevant to the case.
“Thank you for using Inmate Calling Solutions.”
No problem. I had a look at list of available prison phone services. I chose Inmate Calling Systems because I hear you make people sound sexy.
So….
It’s in code right?
They are talking about all those medications that mess with your head – that you take because your head was messed up in the first place – and have a range of side possible side effects including aggression and not knowing what the hell is going on.
He’s not really on that sort of cocktail….it’s just code for money, right?
You couldn’t have someone on a cocktail of messed-up-thinking drugs wandering around with a licensed concealed weapon? Could you?
Every time that man reaches for a phone, something bad happens to him.
George Zimmerman’s Jailhouse Calls To Wife Reveal Couple’s Alleged Plan To Hide Funds (AUDIO)
Oops.