We previously discussed the effort of the defense team for George Zimmerman to introduce text messages, pictures, and history showing that Trayvon Martin had a history of discipline and drug problems. Judge Debra Nelson ruled today that most of this evidence would be kept out despite the fact that Zimmerman’s history and prior statements will be likely introduced. Zimmerman is arguing that it was Martin who attacked him and that this evidence shows a troubled teen with an obsession with guns and gangsta culture.
As I mentioned before, some of these pictures in my view can be kept out of the trial. However, the defense has a legitimate right to evidence showing a prior disposition — just as the prosecution has that right. What is striking is that the prosecution wants to introduce a host of pre-statements and actions to paint Zimmerman as a racist or violent individual. However, they oppose such evidence related to Martin. Zimmerman’s defense is that Martin attacked him and he wants to show that Martin had problems before that night, including his mother demanding that he leave the house and live with his father.
The images come from Martin’s Huawei phone including what may be a self-picture of Martin holding a Smith and Wesson handgun. However, while it appears taken by the person holding the cellphone, there is no proof it is Martin unless the defense has found contemporary witnesses. Other photos show the gun and potted marijuana plants. The defense also wants to introduce evidence that Martin was suspended for fighting from school. This includes texts from November 2011 in which he says that his mother has kicked him out of the house after “da police caught me outta skool.” His friend responds “So you just turning into a lil hoodlum.” Martin responds “Naw, I’m a gangsta.” In other messages, Martin discusses guns like one that asks “U wanna share a .380 w/ (blacked out).”
Images like Martin flipping the bird at the camera strike me as prejudicial and best kept out of the trial.
The judge left open the possible introduction of some evidence if it becomes relevant later. However, for now, the evidence is out. I understand the order on some of the evidence, but I am less convinced on other pieces of evidence. For example, Nelson declined for now to rule admissible toxicology tests showing Martin had enough THC — the key active ingredient in marijuana — to indicate he may have smoked the drug a couple of hours before the shooting. It seems to me that contemporaneous drug use within hours of the incident in the case would be relevant to Zimmerman’s defense.
Nelson did not appear particularly concerned by the failure of the prosecution to turn over critical pieces of evidence to the defense — a common complaint over alleged prosecutorial misconduct.
She also barred evidence on the delay to arrest Zimmerman despite it indicated that police and prosecutors viewed the case as a likely matter of self-defense. She also ruled against a defense motion to have the jury visit the crime scene, which she described as “disingenuous” in light of another defense motion requesting anonymity for the jury. I fail to see the basis for that dig at the defense and it undermined Nelson’s credibility on the evidentiary motions.
There is an obvious concern over the publicity and public anger surrounding the case and how it affected the prosecutors and the court. As stated earlier, I believe the prosecutors yielded to public pressure in overcharging the case. While Nelson came down hard against the defense today, many judges favor the prosecution in such motions. The rulings however do raise the concern that character evidence will be introduced against Zimmerman but denied to his defense in discussing Martin. It may come down to whether the prosecutor trips the wire in its examinations but the remaining evidence will not be available during the key opening arguments for the defense.
Source: CNN
Two points:
1. The prosecutor who refused to charge Zimmerman, even after Detective Serino tried three times to have him charged (first two memoranda asked for charges of Murder-2 based on his investigation; third memorandum asked for a charge of manslaughter based on the same data but unable to get the prosecutor to agree to murder charge) was Norman Wolfinger. He stepped down after the federal investigation of the police department and HIS PART in this was initiated. He was obviously implicated and we have not yet seen the results of that federal investigation into possible civil rights violations against the victim of that killing, Trayvon Martin. Chief of Police Bill Lee also left his job in disgrace because of the way he handled the case. Not much doubt about WHY Zimmerman was not charged until the Governor appointed Corey.
2. Murder-2 does not require that the defendant planned out the murder in advance of his first act on the way to the killing. It requires “ill will” or “malice” and a “depraved mind.” These can safely be inferred from the facts that Zimmerman told the police dispatcher that he considered Trayvon Martin “real suspicious” and that “these a55holes…always get away” and that “he looks like he’s up to no good” and furthermore, that he admitted following him AFTER observing, “Shit…he’s running” and “he ran.” THEN he alleged that his victim, whom he called “the suspect” even in his police report written after the killing, jumped out (first from “bushes” and then from “I don’t know where”) and accosted him, using bizarre language described as: “What’s your effin’ problem Homie?” or “What’s your effin problem” [“homie” omitted]. Uh… hey, is there something wrong with this picture?
Little extra point about whether or not prior bad acts of either party will come in: Nothing about Zimmerman’s prior bad acts needs to come in for the prosecution to make its case. If, however, Zimmerman goes ahead and alleges self-defense based on the idiotic notion that he was attacked and beaten up by his victim, they certainly would become relevant, if only for the fact that they establish a pattern of aggression followed by blaming the victims of his aggression for “he hit me first.” Girlfriend? She got a protective order so he went in the next day to get one against her. Cops he assaulted? They appeared to be beating someone up and he just defended, not realizing they were law enforcement. Various acts of aggression when he was a “bouncer” at “private parties”? Hey, you know. Those people always act wrong and need to be restrained…
Pattern. Of course, if Zimmerman doesn’t ALLEGE that Trayvon Martin viciously attacked him, none of that will have to come into it, will it?
I couldn’t agree more, Malisha. From the start of this horrific incident, I’ve seen Mr. Turley’s bias against Martin, and it has been troubling to me. My son was recently brutally assaulted by several people, yet when we went down to the Magistrate’s to file charges, one of the first questions out of the idiot’s mouth (who had no basis for any bias) was something to the effect of, “Now what was your part in this? There is always more to the story when someone gets assaulted.” We moved through that bullshit to a hearing where the main attacker was found guilty. My point being that police and other law officials can have a skewed bias from the start before any evidence is analyzed. So if there was a bias in favor of Zimmerman initially (and I’m not clear if there was), it is meaningless.
Anna,
Really? I thought Professor T was being objective? Maybe I’m wrong?
To all:
What was Zimmerman’s intention when he confronted Martin? Illegally detain him until the cops showed up? Give him a ride home? Buy him a beer? Ask could Martin share some of his cheap THC? What was Zimmerman attempting to achieve when he ignored the Police Dispatcher’s command for him to stop his pursuit? This will be an interesting trial.
RWL, The initial prosecutor who refused to prosecute the defendant for manslaughter is no longer working as a prosecutor, at least not in Sanford. The state stepped in and appointed Angela Corey who went for murder 2.
I don’t expect a plea bargain. The defense waived the SYG hearing where they needed less evidence than they need at trial to demonstrate self-defense. The prosecution has a strong case and has no need to agree to less, especially considering that manslaughter is an included lesser offense.
Martin’s previous conduct is not relevant unless Zimmerman can show that he was already aware that Martin had a history of violent behavior. In the absence of such, only Martin’s conduct during the encounter is relevant.
The record of Zimmerman’s previous conduct is relevant if it shows that he was disposed to violence or that he had no record of being so disposed.
In the article, JT says, “What is striking is that the prosecution wants to introduce a host of pre-statements and actions to paint Zimmerman as a racist or violent individual.”
The prosecution certainly has a pile of such information but I haven’t seen that they intend to use it. In fact, I haven’t seen anything that suggests exactly what they intend to present. What is your source for this? I seem to have missed it.
The videos I mentioned in previous post are of the Singleton and Serino interviews.
Mike, I agree that it’s possible that the defendant didn’t start out with the intention of killing Martin. If he did, it would be murder 1 wouldn’t it? However, in an interview with Det. Serino, the defendant said that he had Martin in a wrist lock, that he had control. Then he pulled his gun, aimed making sure that he didn’t hit his left hand, and fired. That, combined with his profiling Martin as “suspicious”, “up to no good”, “these a$$holes they always get away”, etc. and his labeling Martin 16 times in his initial written statement as a suspect shows a mindset that doesn’t lead me to believe it was an oops.
Audios of the interviews with Singleton and Serino are here: http://trayvon.axiomamnesia.com/audio/george-zimmermans-statements-sanford-pd-audio/
There are also videos but I can’t find them now.
BettyKath,
In this your guess is as good as mine.
Bettykath,
Thanks for the info, but I wasn’t stating that the prosecutor wants Zimmerman to plea down. Instead, I was in agreement with Mike S, by speculating that the prosecutor knows Zimmerman will be convicted of manslaughter, and will probably get a sentence of 10 years of prison with eligibilty of parole in 4 or 6 years. The 2nd degree charge is due to political pressure (and trying to avoid another Rodney King Riot), and probably trying to cover their (AG office) rear. Unless the prosecutor has more evidence that she is not sharing with the public (and the defense?)?
Wow, I couldn’t disagree more that the recent barrage of silly crap was “key evidence.” Judge Nelson seems to believe that it was not “key evidence” as do I. This is not a single reason why the prosecution should have to prove that Trayvon Martin was perfect or that he never had a less-than-exemplary thought or made a less-than-admirable comment in his communications with his friends, co-teens or anybody else. This is not a divorce mud-slinging contest where “wife is a liar” is a major important issue or where “husband said a bad word” comes into play. This is a criminal trial where a person who never knew Trayvon Martin took it upon himself to kill the kid while he walked along with some candy in his pocket. HIS propensity for violence can only become an issue IF evidence of self-defense is offered at trial and that evidence of self-defense has to be credible to need any kind of rebuttal. If Zimmerman’s self-serving and obviously untrue assertions of self-defense were minimally credible there would have been a SYG hearing long ago and everyone following the case with any kind of scrutiny knows that.
Even if Trayvon Martin were an alcoholic drug addict with a long history of barroom brawls, the fact that he was NOT inebriated that night and the fact that he had none of the killer’s DNA on his hands or sleeves and no scratches on his knuckles, coupled with the fact that the heart-rending (literally) hollowpoint bullet entered his chest at NO ANGLE at intermediate range while it tore through his clothing at point-BLANK range while his sweatshirt was stretched DISPROVE the fantasy that he violently attacked and beat up poor Zimmerman that night, as Zimmerman and his friendly “kill-a-kid” cops would have had us believe.
As for motive, what do you have? Trayvon Martin’s CHARACTER? Opposite that, murder for Zimmerman to kill Trayvon Martin is clear from his recorded comments to the police dispatcher:
“A real suspicious guy”
“He looks like he’s up to no good”
“He looks like he’s on drugs or somepin”
“These a55holes, they always get away”
“F*cking punks”
“I don’t know what his thing is”
“Sh!t, he’s running”
If you think an appeal will succeed because the judge did not bless the defense’s plan to flip-flop this trial and make the victim into the defendant by making the defense a not-ready-for-prime-time production number called “He needed killing,” I think you’ve got the Florida appellate courts down as even worse than they are. Oh they’ll appeal all right, because it’s practically a GIVEN that the State will win its conviction, based on forensic evidence and recorded statements alone.
Zimmerman’s downfall was that he misjudged. He thought he could still get away with murder if he looked all lilly-white and innocent and said a few little stupid “poor me” things; he miscalculated. Most Americans are just sick and tired of arrogant self-excusing abusers and killers rushing around claiming that the whole world is “ground” they can “stand” by picking off people they can then smear enough to seem like their acts were justified.
Maybe it should be stated now: Kill an unarmed kid, take your chances with a judge and jury who don’t think it’s a casual, excusable kind of thing.
Mike, Markel’s comments were before the discovery dumps. Most of those thinking the charges were over the top did so based on the defendant’s story as reported in the press. Once the discovery process started and we got to hear his NEN call, his walk-thru of the crime scene (he actually avoided going anywhere near where the shot was fired), his initial statement and his subsequent interviews, it became apparent that he was making things up. There is no way things happened the way he said they did. The charge is probably just right. The jury will also have the option of lesser charges.
” There is no way things happened the way he said they did.”
BettyKath,
I agree he is a liar and frankly he disgust me personally. However, my take on it as I said is that he didn’t start out to kill Trayvon, but to be a “hero” for “catching him in the act”. When Trayvon asked him what he was doing, something Trayvon had every right to do and to do angrily”, the situation escalated out of Zimmerman’s control and this coward with a gun wound up shooting him. As heinous at it is that doesn’t seem to me to add up to “a depraved act, but Manslaughter in the first degree, from a charging perspective.
To be honest, I think the Second Degree Murder charge is a “plea bargain”
gambit and the prosecution will agree to manslaughter, but with a ridiculously small sentence. I think he should serve at least ten years. It can never make up for the life he took, but it would be justice.
I saw a real crime TV show last night where this wife and husbands hideously tortured and murdered three people, besides torturing their own daughters. The husband confessed, causing the wife to confess and the plea bargaining
got him 15 years and her 25 years. I hate plea bargaining and think it is a perversion of justice.
Mike S,
Thanks for the info! I do agree that this prosecutor (isn’t she the same prosecutor whom refused to charge Zimmerman in the first place?), is looking for a plea deal of manslaughter.
The judge isn’t allowing anything that attacks Trayvon’s character in opening statements, but she is open to hearing arguments to reconsider that which suggests that he is violent during the trial if it is relevant. The defense still has the burden of verifying the validity of what they have repeatedly been presenting as facts to the media and what they want to use in court IF the prosecution goes after the defendant.
In going after the prosecution for a discovery violation the defense had one witness who had no first hand knowledge. This former ADA’s testimony was almost entirely hearsay and was cut off. The prosecution still wants to cross-examine him. The person providing the ADA with information has been subpoenaed to give a first-hand account. The former ADA was the person in charge in Nassau until the DA, Angela Corey, replaced him but offered him a different job. He declined a reappointment and used accrued vacation to leave the ADA job immediately.
From what I’ve seen from folks having smoked marijuana, If Martin had smoked marijuana prior to the incident, it would be more likely that he would have hugged Zimmerman when they met, rather than initiate an assault; and furthermore, would justify his late night iced tea and candy.
Zimmerman is a cold blooded murderer who thought he would go free because of his dad & dad’s position. He’s been stalking people…blacks, for months according to what I read. He’s suspicious of everyone black and if that’s not racism, I’m not sure what is. I got the impression from all I’ve read is that this jerk was a wanna be cop, a racist and looking for any excuse to his his big gun. That scumbag should go to prison for many years.
Zimmerman should get what he deserves…. Nothing more nothing less….But most of all a right to the notion of due process and a fair trial…..
To me the reason for introducing this evidence has a racial undertone. The whole “gansta rap” charge has a negative connotation in the minds of many White people. All of the things described in the pictures would be typical of many male teenagers, anywhere in the country, despite their ethnicity. As for the marijuana, so what. Anyway, marijuana residue lasts in the body for up to thirty days and it would be an almost negligible possibility that marijuana would make someone violent. The evidence of marijuana would also allow the defense to impeach the victim as a druggie, even though marijuana use among teens has become extremely common.
That said, I agree with JT that Zimmerman has been overcharged. If indeed the publicity released thus far is correct I don’t see Zimmerman as a “depraved minded” person. I think he is probably a jerk, with pretensions of being heroic and that he stupidly got himself into more than he bargained for and shot his way out of it. Even though he had the gun he was a scared person carrying the weapon to make up for his own lack of courage. If Martin sharply questioned what he was doing, Zimmerman’s paranoia took control and he caused Martin’s death. He should be punished for this behavior, but I really see this as a manslaughter charge. I don’t think that this loser set out to kill Martin, I think he would have been more pleased to detain him (an illegal act in and of itself) and have the police arrest him making Zimmerman a hero. Of course Martin’s “guilt” was a Zimmerman fantasy and Martin wouldn’t have been arrested, this fantasy led to the death of someone who was an innocent victim. As to the racism involved Zimmerman may not have been a conscious racist, but neither are many white people in America, who don’t identify their fear of the “other” within themselves as prejudice. The cursory investigation and letting Zimmerman go so quickly by police does smack of racism.
For RWL a quick answer, that may or may not answer your question:
“Under second-degree murder, the jury must find that a death was caused by a criminal act “demonstrating a depraved mind without regard for human life,” said Eric Abrahamsen, a criminal defense lawyer in Tallahassee, reading from the state’s standard jury instructions. The maximum sentence for second-degree murder is life in prison; the minimum penalty under these charges is 25 years.
Dan Markel, a law professor at Florida State University, said he was “very surprised” by the severity of the charges “in light of the evidence that seems to have been brought to the attention of the public so far.” Many legal experts had predicted that Mr. Zimmerman would be charged with manslaughter.”
http://www.nytimes.com/2012/04/12/us/zimmerman-faces-second-degree-murder-charge-in-florida.html?_r=0
Professor T (or someone who has any legal background):
How did the prosecution overcharge this case? They are charging Zimmerman with 2nd degree murder, right? Or is it another type of 2nd degree murder in FL, carrying a lesser penalty if he is convicted? I am confused. HELPPPPPPPPPPPPPP!!
I have to admint that Zimmerman has an excellent defense team (even though he doesn’t deserve them-his defense team).
It wasn’t *that* long ago that I was a high-school aged boy, and if some guy prowled around in an SUV following me on the way home from the store, then waited until I was on a sidewalk secluded between two apartment buildings to approach me, I would have perceived it as very threatening. Wether I had been listening to Gangster Rap, Mozart or mopey Brit-rock earlier that day would not have made any difference to the fight-flee-or-be-kidnapped-and-raped decision process.
From how Mr. Zimmerman’s behavior that night has been described in the press, Mr. Martin had every reason to interpret that behavior as a prowling rapist who was approaching him in the dark. I don’t see how Mr. Martin’s text messages could be consequential in that circumstance. Mr. Zimmerman certainly appears to have been grossly irresponsible in creating that situation, but wether he committed a crime seems to be far from clear – but I am not a lawyer and certainly don’t understand Florida’s criminal law.
Darren Smith 1, May 28, 2013 at 12:14 pm
I wonder if this will serve as a basis for an appeal and order of a re-trial if the jury finds the defendant guilty.
==========================
Probably way to early to determine that based on Florida statutes:
(Florida Statutes, Title VII, Char. 90, @ 90.404). It may be that the judge is waiting to see what goes into evidence during the prosecution’s case.
Considering that the defense had the cell phone data months ago, it’s curious that all these pictures and texts (jumbled out of context) are flashed all over the media right after the 500 prospective jurors got notice. Martin was so excited about these pictures that he deleted them.
Here’s gangsta, a part of the culture of Trayvon Martin and friends
Dr Dre, Snoop Dogg, Eminem, Xzibit, Ice cube, D12
I wonder if this will serve as a basis for an appeal and order of a re-trial if the jury finds the defendant guilty.
Zimmerman followed his victim after being told by the police dispatcher not to. I think that says it all. ZIMMERMAN was looking for a fight and he didn’t really care who it was with.