In Zimmerman Trial, Prosecution Witnesses Bolster Self-Defense Claims (the New York Times?)

The New York Times ^ | June 30, 2013 | Lizette Alvarez

[2ndDivisionVet]

As the trial of George Zimmerman enters its second week on Monday, it appears that the prosecution is struggling to meet the burden of proving him guilty of second-degree murder, legal analysts said.

The first week of the trial featured testimony from prosecution witnesses that in many instances bolstered Mr. Zimmerman’s argument of self-defense rather than the state’s case, the analysts said.

“When you are talking about state witnesses as if they are defense witnesses, that is a problem for the State of Florida,” said Diana Tennis, a prominent Orlando defense lawyer who is following the case. “And any time you end each day with either a zero-sum game or the defense coming out ahead, that’s a problem when you’re the prosecution.”

In light of the first week, analysts said that prosecutors should have charged Mr. Zimmerman with manslaughter instead of second-degree murder, which involves a showing of hatred, spite or evil intent. The jury can still consider manslaughter, but doing so could complicate closing arguments and deliberations.

“The state is overreaching, and I think that may well come back to bite them in terms of credibility,” said Michael Band, a longtime Miami prosecutor and now a defense lawyer.....

[2ndDivisionVet]

The prosecution is inexperienced in this sort of case, because rational government attorneys do not typically charge a victim who was almost mudered.

Putting together the transcript of Zimmerman’s call, the eyewitness account and a map of the area, one can conclude a number of things. Zimmerman lost sight of Martin for a few minutes. Martin’s temporary residence was about 100’ away. If Martin wanted to flee, he could have gone home without further contact. Instead, Martin confronted Zimmerman while Zimmerman was returning to his vehicle. Martin led with a ‘king hit’ to the face, which broke Zimmerman’s nose and knocked him to the ground. Martin then straddled Zimmerman, repeatedly striking him and slamming Zimmerman’s head on the concrete walkway for up to a minute. Zimmerman showed remarkable restraint in waiting that long before drawing his pistol and only firing one shot. A law officer in that position would have used his weapon much sooner and would likely have emptied his magazine into his or her attacker. And it makes no difference that the attacker is ‘unarmed’. Head trauma can kill.

It seems likely that Zimmerman was so disoriented by the sudden attack that he forgot he was armed. No premeditation, no evil intent - rather it was justifiable self defense.

[Venturer]

They should dismiss the case immediately, apologize to Zimmerman and arrest the prosecutor.

[Bryan24]

Great analysis. I had also come to the conclusion that Zimmerman forgot he was armed until Martin saw the gun. I just with the prosecution would screw up so that they could admit all the damning evidence of Martin’s past misdeeds.

[soycd]

I’m still waiting for a major media to point out the fact that Zimmerman is being railroaded to placate the black racist masses who will riot for any perceived slight. America is getting stupider by the day.

[gunsequalfreedom]

Because the prosecution is so weak there will be cries for a retrial...or...(fill in the blank).

[Standing Wolf]

The state is overreaching, and I think that may well come back to bite them in terms of credibility...

Heaven be thanked for experts to tell us what we couldn't figure out for ourselves!

[Jeff Winston]

Zimmerman showed remarkable restraint in waiting that long before drawing his pistol and only firing one shot. A law officer in that position would have used his weapon much sooner and would likely have emptied his magazine into his or her attacker. And it makes no difference that the attacker is ‘unarmed’. Head trauma can kill.

Absolutely.

[Bronzy]

From the article, “Mr. Zimmerman’s wounds did not appear to be life-threatening”

Duh, Mr. Zimmerman stopped the life-threatening. Was he supposed to let his head get bashed until he was dead?

[piytar]

Idiocracy was a documentary.

[Cementjungle]

A law officer in that position would have used his weapon much sooner and would likely have emptied his magazine into his or her attacker.

Would have shot all the neighborhood dogs too.

[Beowulf9]

Darn! If only we libs could use the press in this courtroom instead of witnesses, and evidence and junk like that:(

[Friendofgeorge]

Excellent

This should not go to the jury at all, but we all know it will

Now I am not a lawyer, but seems to me that more cases should be thrown out before they reach the jury.

I understand that defense attorneys go through the motions of asking that the charge be dismissed before it goes to the jury in every case almost, but it just seems to never happen

If there was ever a case that should not go to the jury, it`s this one,

I would think that this was written into the law to prevent travesties of justice from happening.

Cant see her doing this.

The jury should be hearing about how the first investigation cleared George and they should be hearing about Martin`s fighting history ect

[Red Steel]

Good post. About covers the pertinence. Highly likely that Martin double backed because he felt “dissed”. He dissed me. You dis me! I’m going whoop you since you dissed me! I’ve seen this type of attitude more than a few times.

This case needs to be dismissed.

[101stAirborneVet]

From the article, “Mr. Zimmerman’s wounds did not appear to be life-threatening”

Duh, Mr. Zimmerman stopped the life-threatening. Was he supposed to let his head get bashed until he was dead?

Exactly. Whether or not his injuries were life-threatening is irrelevant. It's whether the totality of the circumstances were life-threatening. If someone charges you with a butcher knife and you shoot them, will the media say "he hadn't even been stabbed yet when he fired!"

[Secret Agent Man]

also arrest the judge who wrote the arrest order for zimmerman 40 days later.

[digger48]

Z didn’t have the chance to draw it after being blind-sided until TM made a move for it when exposed in the struggle.

According to other articles, gun jammed because the close range kept the slide from fully ejecting the first casing.

LEO or a gun-toting, trigger-happy, black-hating vigilante would have had the gun drawn and ready for action.

[2ndDivisionVet]

Do they make extra money selling to Vietnamese restaurants?

[Gator113]

Agreed, but we both know that they won’t.

[digger48]

Was he supposed to let his head get bashed until he was dead?

That seems to be exactly what the race-baiters and the Media is claiming now.

That, and St. Trayvon was only "Standing his ground" and was justified in attacking Z

[2ndDivisionVet]

If George hates blacks, he’s self-hating:

George Zimmerman’s Black Ancestry is Revealed
http://www.freerepublic.com/focus/f-news/2876811/posts

George Zimmerman: the black, Hispanic, Peruvian, kind-hearted non-white, not-racist poster boy
http://www.freerepublic.com/focus/f-news/2876692/posts

George Zimmerman Has ‘Black Roots’
http://www.freerepublic.com/focus/f-bloggers/2876518/posts