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
Betykath,
Links to audios
Material release by defence at http://gzlegalcase.com/index.php/press-releases
Audios and others also at
http://trayvon.axiomamnesia.com/audio/george-zimmermans-statements-sanford-pd-audio/
wow, this thread is still active. I didn’t even think to look at it until I saw a recent post on the homepage while commenting onthe anders story.
also wow, for the last two weeks this thread has been dominated by one side.(didnt look any further back). This blog is almost addicitve…i gotta take breaks every now and then or I end up spending too much time reading and commenting
So back to the lions den it is for manny : )
I was hoping there would be a fresh thread on the released re-enactment/police interview, but alas, we are relegated to this old dinosaur of a thread
I know that Malisha was keenly intnersted in these videos and so was quite interested to see these myself. Someone was complaining that these “weren’t real re-enactments”…but what do you want? a cast of actors in costume playing each person with a subtitle that says this is a dramatization? It is basically what I would expect from a re-enactment
Not sure where the whole police on Zimmermans side thing is coming from. I mean at least that Serino guy was saying martin wasn’t a thug and challenging Zimmerman left and right about his actions not being consistent with a state of fear, but i saw that as tenuous as it was never stated to what degree or extent there was fear in Zimmerman. Being afraid for your community’s well being and being afraid from a 15ft great white shark that just appeared 6 inches from you while you are diving are quite distinct.
The folks that are trying to pin zimmerman to the wall for not having a word for word, to the second synchronicity recall of the 911 call and the interview, and the re-enactment have really got nothing. They guy is not a robot and honestly they are quite consistent with each other overall. A person who isnt coming with a ton of baggage on this case is going to watch/listen to each thing and easily conclude it makes sense and matches up reasonably well. There are no major conflicts between his own accounts that I can see…nothing that isn’t completely understandable and within the margins of expected human recall error
I was really wondering if Corey had one interview where he says he danced a jig first then Martin appeared to him and then a conflicting re-enactment where he said he chased after martin. That would be an obvious major conflict and evidence his story is changing and if that was there I would be like, “Ah, I see now why Corey charged him”…but NO. His stories, re-enactment, its all basically consistent and it really makes sense to how it went down.
So it looks like Dershowitz was right. Corey is a pandering incompetent who used this for her own re-election personal agenda and her affidavit should go down in history as the most one sided misleading pathetic excuse for probable cause there may have ever been. The WHOLE truth was simply absent from that affidavit and its a travesty of prosecutorial misconduct. Thank goodness for reputable men like Dershowitz who will stand up and go on record against two bit disgrace’s such as Corey.
That is unless there is some other huge incriminating bomb that has not been released against zimmerman, but so far it looks like he is most likely going to be let go in the final analysis
Zimmerman seems to amplify the banality of evil.
The wrestling match could have ended in a draw if he had not pulled his gun. Why isn’t he shouting about the cops coming, or he called 911, is he a dumb mute?
Evil dumb ass? Pathological liar who was going to kill this kid for over a minute before he did (pre-meditation)…….I put nothing past this messed up guy.
I give up. Can’t find a link to the audio’s of the police interviews of Z.
Sling,
“Somewhere he says he’s left-handed…… hmmmm
Plus…. again…. is it actually possible to have a concealed holster right on your hip like that? Under your waist belt? Right on the hip bone?”
————————–
Just before the stress test he has to sign something. He does it with his left hand.
As to a holster under your waist belt: yes. check for examples. http://www.activeprogear.com/belt_holsters.html
Z demonstrated that the gun was shot from his right hand.
The voice stress test was obviously done by the police to try to exonerate THEM for pre-exonerating George.
“Let me make you comfortable, my friend. We’ll call the guy whatever you would like to call him. OK?”
Oh — in the handwritten statement George gave the police on 2/26/2012, he repeatedly calls Trayvon Martin “the SUSPECT.”
Serino says to him, “You’re the good guy here.”
They all were told to coddle him; they all did. We have only Sharpton and Jackson to thank for the fact that coddling was all he would ever get.
Over somewhere else, I posted:
Try this at home kids.
Do it in the dark.
Only light in area is John’s patio light. (Boy says only one porch light on. John says his is always on. It’s even on by day. Got a photo)
Not a floodlight. It’s got a bowl shade and only lights patio says John.
A lies on ground.
B lies on top of them – as described by Witness #6 (John) and boy who thought it was one person lying on ground.
Wrestling.
Heads of A and B are away from John.
Say after John locks his door and heads for stairs, B now actually ends up straddling A
And now B had both hands over A’s nose and mouth. Pressing down with all his weight
Where are B’s hips in relation to A’s?
IF B has to move back to have a possibility of seeing what is on A’s hip – where are his hips in relation to A’s?
Can he actually bear down on A’s nose/face when he is that far back?
Can he actually see anyway?
His body is shading A’s torso, as light source is behind him in John’s patio.
—————————————————————————————
Given that Zimmerman’s narration of time line events is massively out of sync with the sequence of events in his recorded call, how can reliance be placed on what he says about anything?
Should not discussion of his statements and walk through be ON TOPIC on the Dee Dee thread?
They both have the timeline shot to pieces.
—————————————————————————————-
What does Zimmerman insist that he was heading back to his truck because that’s where he had agreed to meet the incoming patrol.
In the call, he ends by scrapping that arrangement and asking that they call him.
He says in the walk through that he ends the call at Retreat View Circle – where he got an address.
He now has over 2 minutes before the noise of a loud argument is reported.
He is just 135 feet from where he says he’s attacked.
———————————————————————————————-
He says “we don’t need you to do that” happened as he was passing the T-junction.
That’s 180 feet from his car.
That’s 12 seconds after he got out of it.
So he has been moving at an average speed of FIFTEEN F***ING FEET PER SECOND.
Maybe that sort of walking got him very tired.. so he’s really, really slow on the walk back from Retreat View circle towards his truck….. like at an average speed of ONE F***ING MILE PER HOUR.
Come back Dee Dee, all is forgiven
OMG OMfrekin’ God, No “Gotcha question, amirite?” who is he, the cop trainee Sarah Palin? The murderer Sarah Palin? Will they have a reality show together?
Just say “Yes” or “NO”, and I do not have a watch, m’kay? Just remember, no watch, say ‘yes’ or ‘no’.
I bet you wished you never saw George Zimmerman at all now, heh buddy?
Watch the videos , rather than listen to the audio
Every time Zimmerman talks about
– going for his phone, or
– drawing his gun
………….. his reflex action is his right hand going for his right hip.
Same action,
It’s unconscious for him.
Somewhere he says he’s left-handed…… hmmmm
Plus…. again…. is it actually possible to have a concealed holster right on your hip like that? Under your waist belt? Right on the hip bone?
What did I ever do to the Universe, that it had to punish me by making me listen to the Zimmerman stress test?
http://www.youtube.com/watch?v=CjRp-vIvTNg
Sweet deity!
Over one hour – that awakened in me a deep interest in the finer aspects of paint-drying….
Until the end…
He had 3 ‘Relevant Questions’ developed
1. In fear for you life when you shot the guy?
2. Call him the guy, or the kid?
3. Did you confront the guy you shot?
I noted that (2) was never asked.
WTF? But…it’s just he Practice Chart… relax
He’s going to ambush him with that one in the real thing, right?
nope. Never asked.
So:
In fear for you life when you shot the guy?
Well, at that stage, no matter how they got there, YES.
Dammit. I would have shot anyone if we were battling for a gun
Did you confront the guy you shot?
I stumbled into him while looking for him. Like there he was.
And he asked “Why are you following me?”
No. I didn’t “confront him” – we sort of bumped into each other, and he started it.
What a total cop out.
“Cop” – geddit????
That test did nothing.
That guy gets paid for doing that?
Where do I apply?
No matter which side shows the walk-through, the prosecution can run the recording of the non-emergency call against it.
Do the math. Some nice graphics.
Bang
If Zimmerman is not on the stand to explain the contradictions … he’s screwed
If he does take the stand … he’s screwed.
If the walk-thru video is shown by either the prosecution or the defense as GZ’s story of self-defense, what reason would there be for him to testify on his own behalf? Prosecution then doesn’t get the chance to cross-examine him.
Two YouTubes for Part 1 and 2 of the Walk Through
http://www.youtube.com/watch?v=dEpCnpnHODI Start to Z getting out
http://www.youtube.com/watch?v=KxmO9hXHC_o Z getting out to end
Pfffft. Links in moderation FOREVER
So:
Links to audio files at http://trayvon.axiomamnesia.com/audio/george-zimmermans-statements-sanford-pd-audio/
For a quick fix:
1. Listen to the recording of his Call, make notes of events and times
Use my http://zimmermanscall.blogspot.ie/p/page-2.html which has a link to the recording and a breakdown of events by time
2. Watch the first part of the Walk Through – and try to make sense of –
a) when Martin passes Zimmerman parked at the front of the Clubhouse on Retreat View Circle
b) when Zimmerman drives from the Clubhouse, down Twin Trees and parks up towards the path on the left of the road, with Martin in view on the grass on the left and moving out of sight down the dog walk
c) when Martin returns and circles the truck, then disappears again
My position for the truck seems almost bang on a matter of feet, with the exception that I took the direction it was facing from Taffe’s video.
Therefore everything in my analysis from the moment of ‘circling’ finishing (1:36 in the call) still stands.
However, for my new Zimmerman’s Statement analysis, I will do Zimmerman as strictly walking from his truck.
This will be fun. I’ll take Zimmerman at his word and show what the result of his walk to finish the call at Retreat View Circle will be on the 2 minute plus gap between the end of the call and the struggle being heard.
It will be blindingly obvious that he went on a wander.
His story does not add up – big time!
Then consider the number of times that he insists the Dispatcher was nagging him for an exact address.
He’s making it up.
It’s also clear that his recounting of events is reminiscent of Dee Dee’s interview. His memory/story of what happened when in his call is all over the place. Totally jumbled.
My new blog will be up in a few hours.
I’ll post a link
Do you have a link for the interviews?
Trying to make sense of the babbling of a mad man trying to cover his ass. good god, what tripe.
Hear he is on ‘new’ medication.
I’m working on some graphics to illustrate the locations of the Walk-through against the timeline of his call.
It will be similar to the sort of approach I took in my Zimmerman’s Call blog.
– that annoyed the denizens of the Statley Manor so intensely.
Stuff like Zimmerman saying that the “We don’t need to to do that” happened as he passed the T-junction going East.
So for that to happening it meant meant he was “walking” (and NOT running, and DEFINITELY NOT FOLLOWING) at a speed of …………. Oh my!
Getting the house number…….
I’m going through his interviews chronologically, and only up the the 27th – and the Walk-through.
So far he’s spent a *huge* amount of time insisting that the dispatcher gave him a real hard time on exact addresses. ZOMG! the poor man couldn’t even draw a breath without the dispatcher demanding to know precisely where he was at. Nag, nag, nag.
He’s completely OCD on the topic.
He knows he needs a cover story for being where it ended. The only straw that he finds to grasp is the ONE time he was asked for an address (of where his car was parked)
Very significantly, he reiterates that he agreed to meet at the truck and was headed there….. No mention of “Actually, could you, could you ask them to call me?”
I have yet to listen to the interviews post 27th.
I’m looking forward to him being asked directly about that.
Sling, you were right that Z didn’t know the name of the street he was on. I don’t understand why he went where he did to get a house number. The dispatcher was satisfied with the cop calling Z when he got there. Z didn’t call back as soon as he got the number, he said was going back to his truck which wasn’t in front of the house where he got a number. And the dispatcher knew where his truck was.
Z does come across as reasonable and polite. I just don’t see his story about the struggle as making sense. He also says that he told the dispatcher that M was gone, but on the call he’s afraid that M will hear him give his address.
My comment awaits moderation.
I quoted a taboo word used by George Z — oh, I know what to do.
It was a response to Shano’s question, “How pathetic is that?”
I said: How pathetic is that?
On a scale of one to ten, 9 pathetic.
The remaining 1 pure evil, not even to be pitied.
“I forgot I had a gun. The suspect called me ‘blah-blah-blah-blah’ while he had his hand on my mouth while I was screaming help help and then I told them, don’t bother calling 911, just help me restrain this guy, and then he said, ‘you got me’ or something like ‘you got it’ but you know how suspects talk.”
OMG OMG OMG
Good bye Chief Lee. Cannot actually make it all the way through these new media releases of GZ. Why does it remind me of that ‘cops’ show only more soporific ? So reviled by this I cannot listen to the tapes or watch these interviews, so I rely on you all. How pathetic is that?