THE GEORGE ZIMMERMAN TRIAL SO FAR: A FIASCO FOR THE PROSECUTION?

Powerline ^ | 06/26/2013 | BY JOHN HINDERAKER

[SeekAndFind]

If you are interested in the George Zimmerman trial, in which testimony is now under way, the place to go is Legal Insurrection, where Andrew Branca, a Massachusetts lawyer who authored The Law of Self Defense, is posting a thorough, witness-by-witness commentary on the evidence, with videos of the actual courtroom scene.

Branca thinks today’s testimony was “an utter debacle for the prosecution.” In Branca’s view, the witnesses called by the state did far more to bolster Zimmerman’s defense than to advance the prosecution. The portrait they painted of Zimmerman was positive, and in a dramatic moment that Branca describes and which you can also see on video, the one witness who purported to have any information about the actual events surrounding the shooting of Trayvon Martin–an “ear witness,” as Branca calls her–was shown to have signed a petition calling for the prosecution of Zimmerman as “the killer of our son Trayvon Martin.” Ouch!

I confess that I find much of the commentary on the Zimmerman case, and even a good bit of the evidence, mystifying. There is no question that Zimmerman shot Martin; he claims self-defense. That defense raises a straightforward question of fact. All of the nonsense about whether Zimmerman was a “wannabe cop,” and whether he “profiled” Martin, and whether he was or was not a “racist,” is utterly beside the point. If, as Zimmerman says (and I assume will testify), Martin initiated the fight, knocked Zimmerman to the ground, jumped on him, punched him repeatedly and smashed his head against the sidewalk, Zimmerman had an absolute right to defend himself. Whether his character is otherwise sterling is immaterial.

The physical facts appear consistent with Zimmerman’s story. I don’t know how he possibly could have sustained these wounds except by having his head pounded into the pavement, as he says:

And we know from the witness statements that have been made public that at least one witness told police he saw Martin sitting on top of Zimmerman and beating him, as Zimmerman shouted for help. So it would seem that Zimmerman’s defense is quite strong.

Of course, there is much evidence yet to come, and the prosecution may yet prove its case. In the meantime, to follow the proceedings, Legal Insurrection is the place to go.

PAUL ADDS: I agree with John’s overall assessment and his view that the photograph corroborates Zimmerman’s claim that Martin pounded his head against the pavement. But how will the “Free Country” label on Zimmerman’s shirt play with the jury (we know how it would play with the IRS)? I mean, is it still okay to express that thought, even if inadvertently?

[schm0e]

it’s theater anyway.

[Parmy]

Don’t count out the mush brained jury. They didn’t pick them for their grasp of logic and their ability to critically think and reason.

[vicar7]

I live 20 miles away from Sanford and refuse to watch the trial because I fear it will not end justly. It is Florida you know. I am rooting for George and not the political pressure to prevail.

[IbJensen]

Free George Zimmerman.

Should have been said several hundred years ago:

PLANT YOUR OWN COTTON!

[Steve_Seattle]

"All of the nonsense about whether Zimmerman was a “wannabe cop,” and whether he “profiled” Martin, and whether he was or was not a “racist,” is utterly beside the point."

Literally true, but if the prosecution convinces the jury that those things ARE pertinent, the defense needs to make the case that they aren't. It is a balancing act, because if they fight too hard on those issues, it will seem as if they ARE pertinent.

[Recovering Ex-hippie]

I live in jax, Fl and I believe that IF Zimmerman is found innocent...all hellll will break loose here.
Its in the 90’s every day here..unemployment is high with Black Youts and it won’t be pretty and won’t be confined to just Sanford.

[Pollster1]

And we know from the witness statements that have been made public that at least one witness told police he saw Martin sitting on top of Zimmerman and beating him, as Zimmerman shouted for help. So it would seem that Zimmerman’s defense is quite strong.

Multiple witnesses saw one person on top of another, fighting, or similar. Since George Zimmerman did not have knuckle scrapes, and Trayvon Martin did not have any injuries other than knuckle scrapes and the bullet wound, they actually have implicit confirmation from multiple witnesses that Zimmerman had a justifiable fear for his life.

http://trayvon.axiomamnesia.com/people/witnesses/witness-2-files-trayvon-martin-george-zimmerman-case/ Witness 2 "saw a fist fight, but doesn’t know who was hitting who". Since Trayvon was never hit, we can draw a logical conclusion.

http://trayvon.axiomamnesia.com/people/witnesses/witness-3-files-trayvon-martin-george-zimmerman-case/ Witness #3 says she ". . . heard someone screaming for help, but couldn’t tell who it was . . . saw a guy on top with a white t-shirt." Since Trayvon was unharmed, why would he have been screaming for help?

http://trayvon.axiomamnesia.com/people/witnesses/witness-6-files-trayvon-martin-george-zimmerman-case/ Johnathan Good saw "Black guy was on top while they were wrestling. He could tell this because the guy on the bottom was a lighter color." Since others saw the guy on top administering a beating, this supports Zimmerman.

http://trayvon.axiomamnesia.com/people/witnesses/witness-13-files-trayvon-martin-george-zimmerman-case/ Johnathan Manilo saw 'George Zimmerman was out of breath and “acting like he had just gotten his butt beat.'" Again, the testimony is consistent with the self-defense claim.

To reach a guilty verdict, they would have to conclude beyond reasonable doubt that Zimmerman could not have reasonably feared for his life. I'm sure the far left is trying to fix this trial, but that's a tall order given the evidence.

[Uncle Chip]

I live 20 miles away from Sanford and refuse to watch the trial because I fear it will not end justly.

People sticking their heads in the sand is one of the reasons that things do end unjustly.

[Gay State Conservative]

I watched a good portion (but not all) of Martin’s “girlfriend’s” testimony...including the last 30 minutes or so.The legal analyst that the TV station had said that the earlier part of her time on the stand was a plus for the state.Although I’m not a lawyer I could see why that might be true.But at the end of the day’s session that same analyst said that her testimony had become a disaster for the state.He said that she experienced a complete meltdown as she was being questioned by the defense.I can see why *that* would be true as well.The analyst said several times that this woman was the state’s start witness.

[Uncle Chip]

it’s theater anyway.

Unless it's your life on the line.

[Gay State Conservative]

I mean *star* witness

[vicar7]

I am not on the jury so I have no influence and have no need to spectate.

[JoeProBono]

[FlingWingFlyer]

I don’t remember “all hell breaking loose” and whitey rioting when OJ was found “innocent.” I must have missed all that.

[Uncle Chip]

the defense needs to make the case that they aren't.

No -- It's the state that has to make its case not the defense and thus far the state has still not even proven that somebody is dead.

[MNDude]

I wonder how many more Trayvons will be lost in the riot violence.

[morphing libertarian]

Will the defense move to dismiss anytime soon or have I seen too many trial movies?

[Uncle Chip]

What’s the reason for the sunshine laws if spectating had no benefit???

[Friendofgeorge]

I am looking for a honest person\lawyer on HLN, but like Diogenes cant find one

You should hear the spinning that they are doing over there...Today was a good day for prosecution seems to be the talking point

all I can say is.....Thank God the jury is sequestered