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Zimmerman Trial Day 9 — Families Feud Over Scream Identification
Legal Insurrection ^ | 7-5-2013 | Andrew Branca

Posted on 07/05/2013 5:03:22 PM PDT by servo1969

Today began with the expectation that it would the the day on which the State rested it’s case. That proved true, and it was. It was also among the most bizarre and disturbing days of a lengthy trial full to the brim with bizarre and disturbing days. Sabryna Fulton, Trayvon Martin’s Mother

The first State witness of the day was, as anticipated Sabryna Fulton. She had two missions for her appearance: (1) identify the screamer in the background of the Jenna Lauer 911 recording as her son, Trayvon Martin; and (2) avoid saying anything nice about the reputation or character of her son that would open the door to the defense introducing into evidence Martin’s history of violence and drug use. She accomplished both.

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There was never, of course, any question that she would say exactly that, nor that the defense would fail to point out the suggestive conditions in which the identification initially took place–in the Mayor’s office, surrounded by family and family lawyers/advisors, and without any law enforcement officer present. Ms. Fulton’s credibility was also substantively damaged when she claimed that she had not known before hearing the tape that it was believed to contain the sound of her son’s last, desperate screams. That the persons responsible for playing that tape would not have prepared her beforehand for the shock–to not do so could only be described as monstrous. Jaharvis Fulton, Trayvon Martin’s Half-brother

Next up was Martin’s half-brother, Jaharvis Fulton, also a son of Sabryna Fulton. He testified on the stand that the screamer was Trayvon Martin. On cross-examination, as so often has happened to State witnesses, the credibility of his testimony quickly vanished. Defense counsel West pointed out that two weeks after first hearing the recording played Jaharvis was still stating to reporters that he wasn’t sure that the recorded screams were those of Trayvon. When pressed, his answers became a series of “don’t know,” “not sure, ” can’t remember,” almost as if he’d been pushed outside the boundaries of the coaching for his testimony.

[videos]

After Jaharvis the State introduced Dr. Shiping Bao, the medical examiner who had conducted the actual autopsy on Trayvon Marting. I can come up with no positive way to describe Dr. Bao’s testimony, nor the time at present to make the herculean effort to do so, but perhaps will touch on it in a post this weekend. Let it just be said that not only was his testimony not compelling of guilt, it would seem prudent for Dr. Bao to be exploring alternatives to his present employment. State Rests, Defense Motions for Directed Verdict of Acquittal, Nelson Denies

At that, the State rested its case. The defense, in the person of Mark O’Mara, then made a rather desultory oral motion for a directed verdict of acquittal (in addition, presumably, to written motions separately submitted to the court). Unlike O’Mara’s usually energetic demeanor, this presentation was made in the tone of a lawyer speaking on a point of great importance on which he knew the judge had already decided against him.

Mantei provided the State’s counter to the motion for a directed verdict in a manner that cannot readily be described in language suitable for a family-accessible blog. To say it was histrionic, lacking in factual evidence, and rife with abject fabrications, would be to put the matter too kindly. O’Mara returned with fire in his belly to counter Mantei, showing the kind of firm but fierce determination we’ve come to expect from the defense.

[video]

After these lengthy arguments by both sides, Nelson rejected the motion for an acquitted verdict in a two sentence statement from the bench, which was disappointing but totally in keeping with her track record in this trial–nearly perfect reflexive support of the State prosecutors and disfavor of the defense.

What WAS surprising is when she immediately insisted–demanded, really–that the defense immediately call their first witness. This is notable because of the hour–5PM on a Friday afternoon in a long, long trial. For those not familiar with state courts, if you ever need to test fire a cannon without risk of human injury, any courthouse in the country at 5PM on a Friday is a pretty safe testing ground. Gladys Zimmerman, George Zimmerman’s Mother

The first defense witness was a bit of a surprise, but the kind I’ve come to expect from O’Mara and West–George Zimmerman’s mother, Gladys Zimmerman. She was here on a similar mission to that of Sabryna Fulton–to testify that the voice screaming for help on the Jenna Lauer 911 recording was her son. This she did. On cross Bernie de la Rionda took the tack of suggesting that one couldn’t really be expected to accurately match a person’s normal voice to that of them screaming–a deeply ironic approach considering that only before he had expected just that of Sabryna Fulton, and indeed had argued for such a matching through many days and experts of a Frye hearing. Asked if she had ever before heard her son scream like on the tape, Mrs. Zimmerman could only be honest–no, not exactly like that.

O’Mara came back strong, however. Is that scream of anguish, fear, and terror without question your son’s voice?” “Yes,” she answered.

[video]

Jorge Meza, Orange County Courthouse Deputy, Uncle of George Zimmerman

The second defense witness was George Zimmerman’s uncle, Jorge Meza, an Orange County Courthouse deputy with 36 years experience in uniform (Orange County abuts Seminole County). He appeared this day not as a law enforcement officer, however, but simply as George’s uncle. He testified that he had been at home working on his computer while his wife separately watched the news on television when he heard the scream come from the TV.

Instantly, he said, he knew it was George. “All I heard on the TV was the scream, it was my nephew screaming for his life, without question. It WAS George screaming.” He explained the sound was so familiar to him because George had long played with his own sons, and he was familiar with their laughs and screams together. “I felt the screams in my heart,” he testified firmly but emotionally. It is notable that this is the first member of either family who has claimed to have identified the voice absent a suggestive environment.

[videos]

Officer Meza was the last witness of the day, and so the last two witness the jury will mull over the weekend will be Zimmerman’s mother and uncle having identified George Zimmerman as the screamer on the 911 call. Final Thought for the Week: Get Ready for a Brutal Defense

One aside before I fully wrap this up. To me, the biggest take home message of the day was not the scream identification of either the Martin or Zimmerman family, but rather the mid-trial motions and response by the State. Mantei’s web of half-truths and claims utterly unsupported by any evidence whatever showed the State was as hungry for George Zimmerman’s hide as they must have been when first handed the political prosecution of their careers. They would see George Zimmerman do life in prison, whether warranted by the evidence or not, or they would die in the effort. Given the almost complete lack of direct evidence, and the need to wildly interpret the available circumstantial evidence–and particularly following the utter debacle that was the Dr. Bao testimony–one could only imagine that their fervor would have diminished. Not so.

O’Mara’s response was that of a sheepdog to a wolf. If the State wanted Zimmerman’s hide, they’d have to fight for it, hard, and at high cost. Any thought that there might be a relatively brief defense was cast aside. I expect that not only will there be a vigorous defense, it will be a 10 gauge double-barreled coach-gun defense, to the head.

One cannot but draw the natural parallel–just as Trayvon Martin sought to punish George Zimmerman and discovered at the cost of his life that Zimmerman was not the easy target he’d perceived him to be, now it is the turn of Zimmerman’s defense team to similarly disabuse the State prosecutors. Their lives, of course, are secure. I would not, however, want my professional reputation to be at the wrong end of the defense’s considerable talent and righteous attention. Have a Great Weekend! Keep Eyes Open for Analysis Moving Forward

OK, that’s it for today. This weekend I’ll write up a lengthier post about both side’s oral arguments in their mid-trial motions today, and what it suggests for their respective strategies moving forward. If time permits, I’ll also try to put some additional detail into the remarkable detail of Dr. Shiping Bao today–the most remarkable piece of courtroom testimony I’ve ever seen by someone who is presumably a professional at such appearances.

Other than that, I wish you all a safe and secure weekend,

–Andrew, @LawSelfDefense


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: banglist; florida; georgezimmerman; guncontrol; kangaroocourt; martin; trayvonmartin; zimmerman
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To: Stepan12

Don’t think for a minute that “they” checked first to see if “George Zimmerman was an Obama supporter”, because it doesn’t matter. This is a show trial, and you’d better believe that it’s meant to pave the way for the elimination of self-defense for a whole lot of us who are very definitely not Obama supporters.


41 posted on 07/05/2013 7:52:13 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: andyk

FL exception either for parents of victims or parents of minor victims, I forget how fine they slice it.


42 posted on 07/05/2013 7:53:43 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: jiggyboy

I was replying to the poster who strongly implied that George Zimmerman was not an Obama supporter. My memory was different and upon examination turned out to be correct.


43 posted on 07/05/2013 7:56:22 PM PDT by Stepan12
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To: RegulatorCountry

Apparently it’s an alternative spelling, perhaps one she has used herself before. A google search returns a front page full of recent articles from respectable sources.


44 posted on 07/05/2013 7:57:44 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: jiggyboy

Also, it is creepy that the people being bashed and hit with Stalinist style tactics: George Zimmerman and Paula Deen, are not Conservatives like us, but supporters of the Communist in the Whitehouse. The resemblance to the Stalin show trials is just disturbing as all hell.


45 posted on 07/05/2013 7:59:42 PM PDT by Stepan12
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To: Nita Nupress

Whachoo trippin’ fo? Chillax!


46 posted on 07/05/2013 8:06:32 PM PDT by tumblindice (America's founding fathers: All armed conservatives.)
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To: servo1969

I sent email letters to the editor to the following Florida newspapers:

Orlando Sentinel
http://www.orlandosentinel.com/news/opinion/orl-letters-to-editor-form,0,2447169.customform

Jacksonville Times-Union
letters@jacksonville.com

Feel much better now.


47 posted on 07/05/2013 8:22:52 PM PDT by Liberty Wins
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To: Stepan12

Well like millions of others that voted for the bastard once, I’ll bet he didn’t make the same mistake twice.


48 posted on 07/05/2013 9:01:28 PM PDT by NKP_Vet
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To: NKP_Vet

And since the beginning of time your race, or nationality, except if you are Jewish, is determined by the race and nationality of your father. George Zimmerman’s father is a white American with German ancestry. Just because his mother is from Peru does not make him hispanic unless he grew up in Peru or some other part of South America, which he didn’t. But all this has nothing to do with him being railroaded for protecting his life when attacked by a gangbanger.


49 posted on 07/05/2013 9:07:35 PM PDT by NKP_Vet
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To: IncPen; ShasheMac

I’m glad someone else gets it. Thank you for speaking up. There was a time when FReepers wouldn’t tolerate all the hate, but i suppose that time is gone now. When FR became well-known, it was as if those “shills in the WH basement” we used to confront when they made FR look bad suddenly turned into legions. Psyops’ Central, and what do we do? We make their job easy for them. Sometimes you can’t tell them apart from the rest of us.

I was watching Hannity’s special the other day — the guest panel of black conservatives. We should have admiration for them for standing up in public for conservative principles. It’s bad enough they must deal with other blacks hassling them, but the thought of them coming to FR to help us save our country is not a good one. It’s the same for gay and Hispanic conservatives.

The big picture? FR is a tiny microcosm of how well obama has pitted Conservative against Conservative with his Politics of Hate.®


50 posted on 07/05/2013 9:10:32 PM PDT by Nita Nupress
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To: NKP_Vet

“And since the beginning of time your race, or nationality, except if you are Jewish, is determined by the race and nationality of your father.”

Source? Doubt many kids of black women & white men would agree that they were considered all white...


51 posted on 07/05/2013 9:10:56 PM PDT by Mr Rogers (Liberals are like locusts...)
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To: NKP_Vet

but liberals use the “one drop” rule to determine race. When it suits them


52 posted on 07/05/2013 9:11:16 PM PDT by GeronL
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To: Nita Nupress

please


53 posted on 07/05/2013 9:12:55 PM PDT by GeronL
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To: Mr Rogers

I know of several Indians that would be off of the tribal roles if that were the case.


54 posted on 07/05/2013 9:15:06 PM PDT by Lurkina.n.Learnin (President Obama; The Slumlord of the Rentseekers)
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To: Nita Nupress

no such thing as gay conservative. and principles do not change because of skin


55 posted on 07/05/2013 9:15:23 PM PDT by GeronL
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To: GeronL

thank you?

Too much melodrama? lol. Leave me alone while i’m philosophizing and trying to recapture what was and relive what is no more. ;-)


56 posted on 07/05/2013 9:18:57 PM PDT by Nita Nupress
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To: GeronL

<< no such thing as gay conservative. ...>>
<< and principles do not change because of skin. >>

I don’t agree. Who has a trademark on Conservative®? What if they perceive themselves to be? You feel qualified to tell another person what their political self-identity is and is not?

i’m not sure what you mean on that 2nd part, but i agree with it. It fact, i could have saved myself some paragraphs if I’d just said THAT. Racism is racism, no matter the skin color. We cannot legitimately bash others for what we do ourselves. No matter. I’m fighting a losing battle. Obama and his ilk have stirred, and will continue to stir, the Racism Pot until it boils over to meet the needs of their End Game objectives.


57 posted on 07/05/2013 9:32:41 PM PDT by Nita Nupress
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To: Mr Rogers

I never said considered all white. Correct term for them is mullato. But since mullato is considered derogatory now by libeals, their birth certificate probably says “mixed race”. Hispanic is also not a race, it is someone’s culture. Pope Francis is an hispanic because he was born and raised in Argentina. His ancestry is Italian.


58 posted on 07/05/2013 9:32:54 PM PDT by NKP_Vet
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To: Nita Nupress

the gay agenda is devoutly anti-conservative


59 posted on 07/05/2013 10:18:03 PM PDT by GeronL
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To: Nita Nupress
is there even one positive thing to be gained or achieved by mocking a black person in ebonics-speak?

There was a time, not that long ago, that such comments were deleted by the mods.

60 posted on 07/05/2013 10:18:57 PM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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