
Zimmerman willingly submitted to a computer voice stress analyzer (CVSA) “truth verification” on February 27 and the test “was classified as No Deception Indicated (NDI).” This included the question of “Did you confront the guy you shot?’ He answered, “No.” He was rated as telling the truth in both saying that he did not confront Martin and that he was in fear of his life.
Also released recently are further details from Zimmerman to the police. Zimmerman insisted that the teen knocked him down and began to pound his head in the sidewalk while telling him “You’re going to die.” Zimmerman claims Trayvon reached for the gun and that he grabbed it to protect himself.
Both the question of fear and the party responsible for the confrontation could be distorted by Zimmerman’s perspective and not accepted objectively by third parties. Of the two questions, however, the confrontation question is the most interesting. It is rare for targeted suspects to agree to lie detectors, though I have agreed to such tests in past cases.
Once again, this evidence does not rule out the basis for a criminal charge, but in my view strongly militates against a charge greater than manslaughter. In fairness to the local officials, the evidence also offers support for their view that no charge was appropriate. One can disagree with that conclusion, but they may have had solid reasons for opposing a charge. That does not excuse sloppy police work and there was still a basis to detain Zimmerman at the scene. However, the case has become more muddled with such new evidence. As a criminal defense attorney, I have always viewed this case as one with strong defense arguments for trial. While the odds always favor the prosecution, the factual record has a number of elements that could create reasonable doubt. Obviously, the trial itself can present facts in different light and the prosecution has yet to be fully heard in the case.
Source: NY Daily News
