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
Well, Betty, I am hypersensitive in this matter it feels. I have left a blog, on military and US foreign policy, I read for almost a decade over the Zimmerman case, once I paid attention. I appreciated its author during the Bush years. But iwhen he brought up this case he allowed the most rabid racist commentary on the Trayvon Martin case, fiercely supporting Zimmerman, while censoring sensible voices from the left. He also very, very correctly prognosticated that there would be abundant money available for Zimmerman, by the way . …
Jeralyn Merritt functions pretty similarly, blog name wise from the “Left”, she allows the most primitive pro-Zimmerman voices to vent their sentiments, because I guess the mob for her is the pro-Martin camp. I watched her censor people again and again, occasionally I read them before they disappeared. I did the same with my former blogger friend from the US military intelligence.
There is something else that reminds me of him, sometimes he takes down articles again The first one almost a decade ago by now was about gays in the military. Merritt today had a lengthy article about a new comment policy in which she declared herself pro-Zimmerman from a lawyer’s perspective, that’s good enough for me. Initially this article was listed chronologically among her articles. Now she dug it down somewhere, you can’t find it any more if you get the list of all her articles chronologically. That’s a slightly more clever way to do it. It’s there but only to access via one special link now, hidden in plain sight so to speak.
To copy Zimmerman: I do not know what this lady is up to. well, maybe it comes with Aspen. Maybe Aspen “elitizes”, gives these self-declared liberals the knowledge that the left is the ultimate mob, a slight paradox. But I have no better way to handle it, at the moment.
Now indeed my comment has gone, I saved it, the corpus delicti:
[new] Zimmerman is as innocent as a lily (none / 0) (#10)
by lore hahn on Sun Jun 24, 2012 at 03:28:48 PM EST
Statements reveal George Zimmerman’s mind-set before Trayvon Martin shooting
It all may come down to this. On his way back Trayvon discovered that the “gated community” or RTL was only some kind of faux gated community. It indeed looked as if you could get in there on the side. Thus neither gate and wall in the North or in the South made any sense. Once he entered he had to orientate himself, to find his way back home. Thus he scanned the surrounding for landmarks that helped him. Now
what he didn’t know at that point in time, was that he was watched by GZ the neighborhood captain who either had helper not reported to police, or was a one-man-neighborhood-watch-commando (interview Wendy Dorival),and that this GZ who was watching him now, two weeks earlier had watched another “suspected burglar” at the same location, and that for this reason he should never have stopped to orientate himself, since that guy had lingered around the house too.
Someone should have told him to use the advantage the dispatcher gave him to get to Brenda Green’s house as soon as possible.
This is my last comment, so I honestly don’t care if it gets deleted for not showing enough respect for GZ, the US or Florida law.
What do you think, was this a character attack against George Martin or Jeralyn Merritt? Well if so, strictly in such a surrounding I want to be censored or banned, in the case of my old blogger friend I banned myself. Maybe I did something similar here? I have more urgent business anyway than to change Cboldt’s mind in minor things, like hand in waistband.
This is an interesting story to watch considering the implacability of right and left in America. Her “left” perspective can be reduced to suport of Obama. But civil rights versus gun rights, ooooh to dangerous for a lawyers career, the Dersh, will tell ya.
separate interview: witness 11 sees gz at the meetings and he’s calm and non aggressive. just passionate about stopping crime.
Witness 11 is on the community board and she knows GZ. No particular interaction between GZ and the community board re: crime watch
Witness 9 says Z is confrontational and mean. She won’t give her name b/c she’s afraid of him. That his whole family is “like that”.
In the walk-thru Z says he knows everyone in the neighborhood and that’s how he knows M doesn’t belong there. None of the witnesses so far know him, even when shown a picture of him. Only #9 knows him. so far.
Bettykath
“If Z pulled his gun on M so he could take him in, what would M say? We already know Z isn’t very articulate.”
I’m very much inclined to the gun being produced up front.
The story of Zimmerman going for his phone to call 911 is pretty incredible in all the circumstances.
Although – Zimmerman isn’t the brightest coin in the purse. He might actually do something that stupid.
I’ve mentioned above somewhere that thing with Zimmerman in the interviews and walk through
When he speaks of going for his phone, his hand goes to his hip.
Same when he talks about the gun.
If he didn’t actually go for his gun, but for his phone, it would have looked like going for a weapon.
In the circumstances, Martin would have a reasonable fear of injury or death from this weird stranger who either
– is being cute/provocative “No , I don’t have a problem”
or
– is being a freaky vigilante “What are you doing around here?”
I seem to be having trouble matching subject and verbs, but you all are clever enough to figure it out. If you aren’t that clever, you know know the difference. : )
Anyway, I came back here because I just started listening to the witness statements. What else would one do on a rainy day? Guess I could read one of my new kindle books.
Back to the witnesses. Have you listened to witness 2’s statement? There are 2 parts to it. In the first part she talks about seeing one guy chasing another. She’s paying attention well before the shot b/c the shot happens while she is on the phone w/ 911. For the second part she is outside (I think) showing the investigator where the two people were – at least their distance from each other – at out 8-10 feet. She also heard one of them saying “no, no”.
If Z pulled his gun on M so he could take him in, what would M say? We already know Z isn’t very articulate.
Leander, so if she disagrees with you she delete your comments?
Betty, grammar police looked over my shoulder too, after I had pushed the post comment button, but it was too late. 😉
I just posted my last comment on “Talk Left”.
I made the mistake of initially listing Talk Left under neutral Zimmerman blogs, a couple of days ago I shifted it to my pro Zimmerman collection. One of today’s articles shows that this was a correct decision. I have never managed anywhere to have my comments censored and I am on the net since 1992. On “Talk left” it were several, so this is quite a new experience for me.
By now I also know how Jeralyn Merritt manages to get many things right, she asks people to correct if she writes something wrong, and one can watch it, she indeed does as soon as she realizes. My objection has left traces. I guess that’s what is “Left” about her blog. Beyond that she is a cool-aid juridical career blogger, what matters is, can you get the person acquitted, what does not matter is the whole rest.
Malisha, Sling hilarious comments, in Malisha’s case over here too. Thanks for the entertainment.
grammar police say that “police has” should be “police have”. Damn cops!
There’s a difference between a walk-thru and a reenactment. The police has Z do a walk-thru. Additional actors would be for a reenactment.
actually no cast of characters, and “costumes” nogt necessary either, but one young policeman about Trayvons seize and weight. Hoodie fine but not necessary.
Malisha,
I’m not sure what you are seeing in the comment area.
There should be a drop-down arrow to the right of the “Comment As” entry box under the comment itself.
That has a list of options, including “Anonymous” if you don’t have or want to use one of the ‘ID’ (?) services mentioned.
Don’t fret. I’m still working on it. 🙂
On the OCD thing, maybe I’ll tone it down if it’s a distraction.
I’ll find maybe another way of highlighting the fact that he’s totally consumed with putting forward a story that he was browbeaten into going off in search of an address
Sling, I cannot figure out how to comment on your blog, tried twice.
Somehow, I did not manage to save my comments. Now too discouraged to go back and try again.
One comment was basically that I attributed the misstatements to dishonesty and not to OCD.
The other comment was basically that the motivation was to MAKE SURE HE SUBDUED AND DELIVERED THE “SUSPECT” to the police before they arrived to “steal his fire.”
“State of Mind”
My new blog based on standing up the Walk Through, Interviews and Statement against the absolute certain timeline of the call is coming along nicely. I’m managing to grab some keyboard time today.
It’s at http://zimmermansstatements.blogspot.com
Bear in mind that it’s a work in progress and in early stages.
The Walk Through page mentions a ‘state of mind’ theme that repeats through all his interviews and the Walk Through — his OCD about being asked for positions, etc. They guy is manic about it.
.
I’m in the tedious math bit of that page at the moment, showing that there are issues with his description v. the call timeline.
I wonder if the investigators bothered to examine things at that level – and looked for the CCTV from the clubhouse to see if he actually stopped there.
– and when if he did
Boston Herald today runs an article about Zimmerman giving his “state of mind” in his interviews. It turns out that his “state of mind” is that there are crimes in his neighborhood and the criminals “always get away.” The police have been out there and have failed to catch the criminals. His “state of mind” also includes the fact that Martin was suspicious.
There are, right now, two comments. The second comment says that the defense at trial will certainly be able to prove that Trayvon Martin was in fact a drug-dealing thief, and that therefore, Zimmerman had him pegged correctly.
This is very interesting. First of all, the commenter imagines that the trial is going to be about whether or not Zimmerman had the RIGHT to kill Martin based on how bad Martin was. OK, let’s hope that commenter is neither a lawyer nor a judge. Second, however, it shows that the people who tend to think of Zimmerman as either innocent or justified are doing so because they SHARE his state of mind. Suspicions about the evil intent of Black folk should properly give rise to righteous efforts to put them down. Figuratively or literally.
THIS is the real UH OH of the Trayvon Martin case. The real uh oh of the George Zimmerman case is a different matter, now that there is a serious attempt to prosecute him for killing someone.
Dershowitz the Harvard Legal Scholar, on Fox News telling the Florida prosecutor how she’s a criminal, but that’s just “disagreeing” with her.
The same Dershowitz who, after William Kennedy Smith was acquitted of rape, said that the complaining witness should now be charged with perjury because if Smith didn’t rape her, she lied under oath when she said he did.
Dershowiiz on Fox news? that says it all.
Since I didn’t see a Dershowitz article about how Zimmerman’s statements prove that Zimmerman was correct and Corey should be canned and disbarred, I wondered, “Oh where oh where has the good professor gone?” and I checked in with a google search for “George Zimmerman dershowitz” and up popped all the old stuff when he was screaming about Corey and NOTHING NOW about how right he was that Zimmerman was innocent.
Hmmmmm.
But I did find this: Dershowitz was angry that Corey attacked HIM because he had said stuff about HER. Hmmmmmm. So he calls HER unethical, says she has to go back to law school, and blah blah blah, but then when she goes off on HIM, he characterizes her as whining and says she’s out of line. (Of course I don’t like either one of them and think this is hilarious!)
But look at what Dershowitz actually DID SAY:
“The idea that a prosecutor would threaten to sue someone who disagrees with her for libel and slander, to sue the university for which he works, and to try to get him disbarred, is the epitome of unprofessionalism,” he says.”
So Dershowitz is saying that all he did was to “disagree with her” — OK, let’s see what he SAID about her.
“If I were this prosecutor, I’d be hiring a lawyer at this point,” Dershowitz said. * * * Dershowitz leveled his bombshell charges in an interview Wednesday with Fox News’ Megyn Kelly. [Dershowitz] said Cory overreached by charging Zimmerman with second-degree murder. And he said the affidavit she filed in support of the charges was illegal because it did not include evidence favorable to Zimmerman.
“If there are riots, it will be the prosecutor’s fault because she overcharged, raised expectations.”
* * * “This affidavit submitted by the prosecutor in the Florida case is a crime,” Dershowitz said. “It’s a crime.”
[Dershowitz said] this affidavit is not the truth, the whole truth and nothing but the truth, It’s a perjurious affidavit.”
Even worse, Dershowitz warned that by overcharging Zimmerman, Cory may have planted the seed for riots if he is acquitted, as Dershowitz predicted will happen.
“If there are riots, it will be the prosecutor’s fault because she overcharged, raised expectations,” Dershowitz said. “This prosecutor not only may have suborned perjury, she may be responsible, if there are going to be riots here, for raising expectations to unreasonable levels.”
When announcing the charge, Cory expressed confidence in her team’s case.
“We have to have a reasonable certainty of conviction before filing charges,” Cory said.
But Dershowitz said Cory is the one who should be facing charges, arguing that her prosecution of the case has already taken a political turn.“She was appointed to get Zimmerman,” Dershowitz said.
Read more: http://www.foxnews.com/us/2012/04/25/dershowitz-trayvon-prosecutor-overreached-with-murder-charge/#ixzz1yfPh25pW
SO, we have Mr. Dershowitz calling the prosecutor’s indictment “a crime” and saying she used a “perjurious affidavit” and “may have suborned perjury.”
And this is supposedly based on the idea that she should have said, in the affidavit, that Zimmerman had injuries? She didn’t put Zimmerman’s side of the story into the charging document?
Well, frankly, I think Dershowitz DID libel and slander Corey. Of course, I’m not crying any big crocodile tears for her, after what she has done to other defendants and what she routinely does for her own advancement rather than for the people of the state of Florida, but who’s Dershowitz fooling?
Right. And, “Are you following him?”
“Naw, I just need to see a street sign. If I don’t see a street sign I won’t be able to tell you where to look for the a55hole, will I?”
Dispatcher: Well, see if you can shoot him and throw him on the ground face down by the time we get there and that ought to save time.
And then Zimmerman slowly strokes his side holster and thinks :
“I may be able to stop this a55ho1e from getting away”
hmmmm
*This a55ho1e is not going to mess with me and my cell phone”
“Oh Dispatcher,
just have the police call me when they get here, m’kay?”