Prosecutors in Zimmerman Trial Ask Jury to Disregard Comments (Too favorable towards Zimmerman)

The New York Times ^ | July 2, 2013 | Cara Buckley

[2ndDivisionVet]

SANFORD, Fla. — Prosecutors in the second-degree murder trial of George Zimmerman scrambled Tuesday to undo damage to their case by one of their leading witnesses, a Sanford police officer who interviewed the defendant hours after he fatally shot Trayvon Martin.

The witness, Officer Chris Serino, testified under cross-examination on late Monday afternoon that Mr. Zimmerman seemed to be telling the truth when he said he had fired his gun in self-defense. The officer’s admission made for a dramatic moment in the trial — and was a clear boon for the defense — but drew no immediate objection from the state. The court recessed for the day afterward.

But early on Tuesday, citing case law, the state successfully argued that Officer Serino’s comments about Mr. Zimmerman’s veracity ought to be disregarded by the jury. The judge then instructed the jurors, who are being sequestered during the trial, to ignore the officer’s statement, nearly 17 hours after it had been made.

Officer Serino’s testimony, in the second week of the trial in Seminole County Court, was the latest setback for prosecutors......

[krogers58]

Any Freeper Lawyers?
QUESTION - Will the Defense move to dismiss charges after the Prosecution rests.
It seems Judge would have to dismiss at least the 2nd degree murder charge? Correct

I am not an attorney, but I did stay at a Holiday Inn last night, so with that segue, here's what I think of your question. In the article, it said that he could still be convicted of manslaughter, but the state would actually have to argue for manslaughter in the closing of their case, which would doom their second degree murder case. In other words, the jury can only consider manslaughter, if the prosecution argues that is what he should be convicted of. I don't think, given the barrel that this puts the prosecution over, that the defense would let them off the hook with their unethical over-charging in this case.

As I understand it, as soon as this case is finished, their is a line of attorneys who can't wait to file ethics charges against this prosecutor for withholding exculpatory evidence from the judge who issued the arrest warrant for second degree murder.

It looks like she is going to get "Nifonged" professionally (ethics complaints and disbarment), civilly (if the prosecutor can be shown to have withheld evidence, it is a criminal offense, and she can be sued, personally). Unfortunately, the taxpayers of Florida are also going to be on the hook for a few bucks here too, IMHO.

[Cboldt]

-- Is the necessary inclusion of manslaughter embedded in Florida law? --

Yes.

See this June 29, 2013 post which refers and links to State v. Wimberly, 498 So. 2d 929 (Fla. 1986); and this post from earlier the same day, referring to Florida Rule of Criminal Procedure RULE 3.510. Finally, see this post from the same day which enumerates the necessarily included offense (manslaughter) and the permissive included offenses (also referred to as "Category Two" offenses), and a cite to Jamerson v. State that describes the conditions for giving a category two, permissive lesser included charge, to the jury.

-- I was under the impression that there was a specific agreement between prosecution and defense that murder 2 was it in this case - no manslaughter inclusion. --

If the jury gets the case, they must be given the manslaughter instruction. Nobody has discretion on that, not even the judge.

I don't know if, when the judge gets the case on a motion for judgment of acquittal, she must also consider manslaughter. The statute and conforming rule refer to "the jury." I haven't looked for case law on what happens if the judge takes the decision out of the hands of the jury because the state has failed to meet its burden. I don't think knowing that law matters in the Zimmerman case because even if the law says Zimmerman is entitled to a motion for judgment of acquittal, this judge won't follow the law in that regard.

[SkyPilot]

Corey looks, to quote Jim Bouton: “Like Joe Torre with t-ts!”

You're right.

For some reason, Corey reminds me of the "Wise Latina" lesbian sitting on the SC.

I think liberalism is always ugly because it is the face of wickedness. Even if you don't have natural beauty, the beauty of God will shine through that person if they love Him. If they don't, that shows.

[Elsie]

There will be a lot more incidents of whites and Asians being violently assaulted and sometimes killed.

Reminds me of the old Fram oil filter commercial: Pay me now or pay ME later.

http://www.youtube.com/watch?v=aq3wL8ZXjBU

---

When the whole Ponzi scheme of our 'economy' collapses; there'll be riots in the streets anyway.

[Do Not Make Fun Of His Ears]

It was the prosecutor who made Rachel Jeantel repeat “creepy ass cracka” over and over, for example, making sure the jury got it.

There have been more than a few times I suspected that the prosecution is deliberately throwing the case.

It’s defense attorneys who are typically the slimeballs who do everything they can to bring about injustice, so they can line their pockets. Not the prosecution.

These guys were given marching orders from above, and they have to know the defendant is not guilty.

[MortMan]

Thanks, Cboldt. I hope I am this clear and concise when I write about my own specialized fields of endeavor!

[Cboldt]

-- I hope I am this clear and concise when I write about my own specialized fields of endeavor! --

I have plenty of room for improvement, but I think anybody can "get there." It just takes practice. Work on it.

Thank you for your kind compliment . . . sir.

[11th Commandment]

There is only one charge against Zimmerman: murder in the second degree. There are no lesser charges. If the prosecution has failed to provide sufficient evidence of depraved mind then the judge can issue a directed verdict of acquittal. The prosecution cannot reduce the charge once the trial has begun.

Interesting because all the pundits keep talking that the jury could find him guilty on Manslaughter. But as I search the internet I can not find any charges on Manslaughter. I read articles and forums from 2012 and even supporters of 2nd degrees argued against Manslaughter. I think the line between certain types of Manslaughter and self defense is so thin that no prosecutor would have brought it to a jury.

After the prosecution rests, the judge should acquit. Zimmerman doesn't need to take the stand because the prosecution played interviews of Zimmerman that were not self incriminating. Why be cross-examined now?

[mbarker12474]

None of this matters.

The media is reporting negatively for Zimmerman.

The jury might just acquit him.

The media will act astonished.

The race-baiters will inflame the hoods and campuses.

There will be rioting.

The media will love it and bait it.

It’s what the liberals and race-baiters and media have wanted all along.

[Williams]

Disagree with the ruling. The detective was testifying about his interrogation of Zimmerman and the reasons he conducted it in the way he did. Therefore his assessment of Zimmerman’s truth fullness as he went along and what that assessment meant to the investigation, were all relevant.

He also said he believed Zimmerman and that he found zero evidence Zimmerman racially profiled TM.

Keep in mind this “mistake” may be by the judge and could result in the successful appeal of a Z conviction.

[Necrovore]

Ha, I remember her and that case. She was under the protection of so many FreeRepublic women here when they decided to unleash the chicken coop at me for saying Yates should be given the death penalty. I was told at the time that I didnt understand the stress a woman canbe under sometimes.

[MrB]

He also said he believed Zimmerman and that he found zero evidence Zimmerman racially profiled TM.

This gets me as well - racially profiling TM wouldn't mean that GZ is guilty.

[fireman15]

This entire disgusting travesty of justice is and always has been a “show trial”. There clearly was never any way to establish that Mr. Zimmerman was not acting in self defense. And as you say, "racially profiling TM wouldn't mean that GZ is guilty" or wasn't acting in self defense.

According to most "Racial profiling" in this case basically means that based on his previous experiences Mr. Zimmerman reasonably suspected that TM was engaging in suspicious behavior. Does that suspicion mean that GZ wasn't allowed to defend himself?

This trial is an attempt by the establishment to placate a certain segment of the population who are predisposed towards committing acts of violence and thievery against other people and businesses.

This segment of the population has been egged on by an irresponsible press, irresponsible politicians, and irresponsible public officials up to and including our irresponsible president. These people were manipulated for the purpose of advancing a specific agenda.

Once the wrecking ball started rolling... the damage was inevitable. No matter what the outcome we are all going to pay a price. The damage has already been done... we just don't know yet whether in the end what proportion it will be in the form of murdered and injured innocent people and stolen goods or the wreckage of the reputation of what is left of our legal system.

[colorado tanker]

I have no idea what you said.

[colorado tanker]

Completely agree.

[uncommonsense]

"Hard to un-ring a bell."

I've heard a prosecutor use the phrase "throw a skunk in the jury box and ask them not to smell it". Both phrases drive home the point that the knowledge can't be undone.

[MrB]

I think the outrage is based in the idea that a black thug was killed while imposing a beatdown/murder on a non-black.

I think this is the basis for their rage - the sense of entitlement to initiate “payback” beatdowns with impunity.

[uncommonsense]

"It's okay to ask about defendant's tone, demeanor and other indicia. The issue comes when assigning ultimate conclusion. E.g., "(I think)"

Along this same line of questioning, I was really unnerved by the "medical examiner" making definitive conclusions based solely on reviewing pictures of Zimmerman that she called "distorted". She admitted that she doesn't understand physics, which means she doesn't understand how the physical world works (including gravity). She kept proclaiming that the injuries to each part of Mr. Z's head was from a single contact. How can her "expert" opinion be any more valid than the 2 detectives who believed, based on their training and experience, that Mr. Z was telling the truth?

MOM did a pretty good job at cross examining her, but I think he'd have made a better defense if he brought in a skull and made her demonstrate how a single contact to a hard, oval object can cause multiple specific contusions, bruises, and swelling on other parts of the scalp.

[NFHale]

“Disregard”???

They’re trying hard to railroad Zimmerman. But unfortunately for the prosecutor, what has been heard, cannot be unheard.

Ain’t it a shame....

[uncommonsense]

Also, the medical examiner said unequivocally that Zimmerman didn't lose consciousness. Preposterous! How does she know that from pictures?

Here's a good example of what can happen:

Forrest Griffin is the former UFC Light Heavyweight Champion and is well known for being able to take massive punishment. In the following video at 6:28, Griffin is fighting Anderson Silva, who is probably the most accurate striker in MMA history. It looks like Griffin is merely tapped by Silva and he collapses like a rag doll...

Anderson Silva Highlight Compilation (Best MMA Fighter Ever)

Many times, a fighter is caught with a good strike to the head and they are declared technically knocked out. The fighter almost always is still active, grabbing the opponents leg or the ref and they refuse to believe they were TKO'ed until they see the replay on the big screen. Zimmerman would not even know he was briefly unconscious.

Also, other commentators have said that blocking someone's airway is not part of MMA. Such ignorance - it's a BIG part of Brazilian Jujutsu (BJJ) and "ground and pound".

So, combine an initial strike to the head that breaks Zimmerman's nose, with his head hitting the concrete, then having his breathing disrupted - I would be surprised if he wasn't at least briefly unconscious and highly incapacitated from lack of O2 without even knowing it. I've seen it many, many times during MMA fights (one of my favorite sports).

All this, plus Martin having Zimmerman under "full mount" which is almost impossible for experienced fighters to escape under the best of conditions, then Martin goes for Zimmerman's gun... no one could deny that Zimmerman was in serious trouble!