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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.

[videos]

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: Shugee; Nita Nupress
If you don’t like a particular post, I can respect that, but passing over posts you don’t like is the internet way or else there would be literally millions of posts debating the merits of each and every post. There still is a first amendment.

This is private property and the first amendment has no relevance to what is posted here. As I've already noted, there was a time, not that long ago that ebonics mockery wasn't tolerated here by the owner and his representatives.

Maybe policy has changed or the mods can't keep up with it all. The first amendment has nothing to do with it.

61 posted on 07/05/2013 10:24:17 PM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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To: GeronL

<< the gay agenda is devoutly anti-conservative >>

True. There are also gay conservatives who are devoutly anti-gay agenda.

Evidently you don’t know any of them. But they may know you (us) and just not admit it, either here or in our real lives.


62 posted on 07/06/2013 12:08:56 AM PDT by Nita Nupress
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To: Graybeard58

<< ...there was a time, not that long ago that ebonics mockery was’nt tolerated here by the owner and his representatives. Maybe policy has changed or the mods can’t keep up with it all. The first amendment has nothing to do with it. >>

I wasn’t here for a few years, not even lurking, so my perspective is different than most. That’s refreshing to know. Thanks. Like you said, it’s probably much more than they can keep up with now. Which may lend at least a little credence to my point, i guess.

obama’s Politics of Hate has led to:

An influx of cyber-trolls on his payroll who help the MSM shape public opinion
+
obama campaign to incite racial and socioeconomic strife, tension, and incivility among different societal groups (Zimmerman; Paula Deen, Christians vs. Muslims, Takers vs. Makers, etc)
+
FReepers who allow themselves to be manipulated
=
A premier Conservative website that many people can no longer use as a referece to their friends as an alternative to being brainwashed by the liberal MSM.

Game. Set. Match. They win.


63 posted on 07/06/2013 12:56:13 AM PDT by Nita Nupress
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To: Nita Nupress

Just wow. I apologize for interfering with your being able to spend your nights making up invitations to give to fellow Conservatives to join FR.

I suggest that you, instead, divert the money, that would be used to issue invitations to this site, and instead build a big bridge and use that bridge to get over your judgemental, ‘holier than thou’ self.


64 posted on 07/06/2013 6:57:55 AM PDT by Cowgirl of Justice
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To: Cowgirl of Justice

Like i said above, they win. I’m sorry you can’t, or won’t, try to see that. Have a nice weekend.


65 posted on 07/06/2013 7:00:31 AM PDT by Nita Nupress
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To: Graybeard58
“the first amendment has no relevance to what is posted here...”

OK, then whose standards are we going to apply to what is offensive - yours, hers, that person over there, the guy in the front, or any one of the thousands of readers? What if a mere handful of people are offended but the vast majority are not? What happens if some of the people decide something posted is irreverently funny yet tolerable, but you fail to see the humor?

Free Republic is a big tent, which is why I like it so much. There are many variations of conservatives here, including many with libertarian leanings. I hugely enjoy all the different viewpoints and voices here.

(On a personal note, I attribute reading FR as well as listening to Michael Berry on radio for helping me become a more open-minded person to different ideas and different ways of expressing them.)

I sense that the original poster wants this forum to exactly reflect his/her own standards. I can appreciate that, but that's why people create their own blogs, youtube channels, facebook pages, etc.

66 posted on 07/06/2013 10:26:42 AM PDT by Shugee
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To: Shugee
OK, then whose standards are we going to apply to what is offensive - yours, hers, that person over there, the guy in the front, or any one of the thousands of readers?

Simplest question to answer. The owner's standard. The owner of this private property and as I pointed out in my previous posts, either the standards have changed or the mods are just too busy to keep up with all the mockery.

"Ebonics" mockery used to be deleted regularly,.

67 posted on 07/06/2013 4:02:35 PM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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To: Shugee; Graybeard58

<< I sense that the original poster wants this forum to exactly reflect his/her own standards. >>

Nope. This has nothing to do with me being offended. It has everything to do with offending potential low-information voters who need an education in conservatism. Anyone here who remembers me can tell you it’s just about impossible to offend me. You seem to be taking my one point and over-generalizing into things i never mentioned. It’s hard to communicate thoughts digitally, so you’d probably have to read all my replies on this thread. If you already have and still don’t understand the point i am making, I’m not sure i could say anything else w/o repeating myself.

You said...

<< Free Republic is a big tent, which is why I like it so much. There are many variations of conservatives here, including many with libertarian leanings. I hugely enjoy all the different viewpoints and voices here. >>

That relates to what I’m talking about. “Big Tent” is the best part about this place. But how can we teach low-info voters, many of whom are minorities, if they see ebonics and blatant racism when they visit? Both my husband and i know many minorities who lean right, so they’re out there. More than most people think. And our Dear Leader and his handlers are using racial warfare to tear this country apart, quite effectively, i might add. They have undone decades of progress, just to achieve their own ends, but i digress...

Anyway, many minorities are seeing this happen and they understand it’s not in their best interest, which is what the Democrats probably fear more than anything — minorities learning that their own subjugation is inherently necessary if the Democrats are to stay in office. So when minorities look for the Big Tent website to call home, it would be nice if they didn’t have to wade through ebonics. But as Graybeard said, this is a private site and I’m not the owner, so this will be the last time i say anything about cybertrolls on Obama’s payroll who can so easily pass as racist FReepers because unwitting FReepers help them out. (Is it a FReeper or an Obama cybertroll? How would we know the difference? :-)

Btw, i think Michael Berry must be my twin, as he is closely aligned with my own viewpoints. I love his irreverent, in-your-face attitude! I’ve been listening to him, maybe 2 yrs now. He made me realize my libertarian streak.


68 posted on 07/06/2013 7:25:57 PM PDT by Nita Nupress
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