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
anon
they spent over five hrs in z. face. they could tell by physical and mental evals that he wasn’t under the influence of drugs. if they had, i’m sure he would have been tested.
Shano – You mentioned Marissa alexander.
Angela Corey was the same prosecutor in her case. I believe it was a terrible travesty that she got 20 years. Noone was even hurt or killed. Angela Corey is so beyond the pale and it shows when Corrine Brown confronted her over this miscarriage of justice and she had the nerve to defend herself by saying she offered her a 3 year prison term as a plea deal. She actually took herself seriously? Noone in their right mind would have taken that shite deal considering the circumstances
Angela Corey should be fired for SO MANY reasons.
The one thing that i see as problematic with Marissa was that she supposedly fired the gun towards a room with children. Criminal negligence? sure. Aggravated assault you got to be kidding me…20 years just because a gun was discharged. Its a complete miscarriage of justice and I hope the governor pardons her but the fact the bullet went in the direction of kids…probably not. Its just terrible that Marissa got screwed so badly
top shot- how about a stranger on the public street minding his own business? What will you do then? Call the cops and wait in your car?
anon, but Trayvon was NOT ‘high’ that night. Not enough THC in that test.
Most of those symptoms are for people who have an active ‘buzz’ going on.
david blauw
what law did z break? just want to make sure in case i a suspoicious stranger in my back yard on a dark rainy night.
Elaine & Sling, yes, that is very curious. It is because pot is ‘illegal’ while Pharma drugs, no matter how deadly or how terrible the side effects can be, are ‘legal’.
they like it this way.
Oh please, no one said that.
As I said, your list of side effects was reefer madness like.
If anyone had trotted out this list about pot, I would have complained about that as well.
Some of the common side effects of marijuana are:
Trouble remembering things
Sleepiness
Anxiety
Paranoia
Altered time perception
Nausea
Headache
Tremor
Decreased coordination
Increased heart rate
Altered pulmonary status
Altered body temperature
Reduced muscle strength
Decreased cerebral blood flow
Increased food consumption
Anxiety and panic
Paranoia
Confusion
Aggressiveness
Hallucinations
Sedation
Altered libido Possible suicidal ideation
Depersonalization
Derealization
Poor sense of time
Worsened short-term memory
Addictive behaviors
Amotivational syndrome
Your silly list was silly.
I have to thank Professor Turley for giving us the heads up that Zimmerman may get off. That will be a very sad day in America.
Just like the day Marissa Alexander got 20 years for firing a warning shot that hurt no one….
Sling,
It’s interesting to note that the effect that drugs might have on one’s behavior can only be taken into consideration in Trayvon’s case–not Zimmerman’s.
What we should bear in mind here is:
A. Drugs like Adderall only make 10% or so behave freakishly – assuming that they are unable to behave freakishly under their own steam.
B. Traces of pot in their systems makes 100% of people into crazed thugs who:
– See someone wandering down a street looking at the fronts of houses to determine their numbers.
– Drag those persons away from the street and 200 feet down a dark footpath
– Call them “Homie”
– Beat the crap out of them.
OK?
Funny, lately George has been saying that he has nausea from thinking about his ‘trauma’ that night and the shooting.
It is probably only a drug side effect rather than any emotional connection to committing murder.
“Don’t you think that Zimmerman should have been tested for drugs and alcohol after he shot someone to death?”
I’m not sure. I would think certain external tests might be fine, but nothing invasive like a blood test, or even a hypothetical medical tricorder.
anon,
Did I say Adderall was some BIG SCARY drug? I think that when both Adderall and Ritalin are correctly prescribed for people they can be of great help. Please don’t read more into my comments than I meant to imply.
Another thing: One should consider how two drugs may interact in someone’s body. I have no idea about the advisability of taking Temazepam and Adderall at the same time. I had never heard of Temazepam before until I read about it yesterday.
Don’t you think that Zimmerman should have been tested for drugs and alcohol after he shot someone to death?
That’s it’s not some big scary drug in which the side effects you posted are frequent or serious.
That many professionals whose jobs depend on their performance of skills, or intellectual performance take Adderall to improve their performance.
http://www.slate.com/articles/health_and_science/medical_examiner/2005/05/the_adderall_me.html
Elaine,
I have many of those side effects without taking the drugs that you mentioned! Must be old age.
Great Avengers clips from you and anon. Great show!
anon,
“Google and find out how many college students, 20 somethings, lawyers, doctors, writers, etc., seek out Adderall as a brain booster.”
What will that prove?
anon,
Drugs affect different people differently. Some posters on this thread have made comments about Trayvon’s use of marijuana. I posted that information about Adderall to show that legal drugs can have negative side effects.
I know all about Adderall and Ritalin. I was a teacher for a long time. I dealt with many students who had ADD and ADHD over the years. I’ve read books on the subject–including Hallowell’s and Ratey’s “Driven To Distraction: Recognizing and Coping with Attention Deficit Disorder from Childhood Through Adulthood.”
MannyO: “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.”
If the numbers of the houses were to be found at the rear rather than at the front, they probably play a lot of banjo music in that gated community…. and then we’d know why somebody put the gates up.
“Here’s a listing of the side effects of Adderall”
This sort of listing of the side effects is silly.
It’s LITERALLY like reefer madness and the problems of marijuana.
Google and find out how many college students, 20 somethings, lawyers, doctors, writers, etc., seek out Adderall as a brain booster.
http://www.youtube.com/watch?v=iME60JZInfw
Daniel Radcliffe & Diana Rigg in Extras (not safe for work language)