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.....

[Fee]

The issue for the DA is not that GZ was justified to shoot TM, but GZ following TM provoked a fight that ended with a shooting that could have been avoided. CCW need to understand this nuance of the law when using a gun. Why this law exists is to prevent armed people from saying or doing things that they normally will not do if unarmed. Example a hothead armed with a CCW Glock, goes to a bar and starts an argument with a bigger guy, which results in a fight, a fight he is losing and then he shoots his bigger and stronger attacker and claims self defense when the cops come. In a drawn out event, self defense is valid if the gunowner did not start the fight, and did everything to de escalate the situation before he had to shoot. Jentel was a bad witness but she established one thing, TM noticed GZ was following him. Question to jury, is that legally considered a provocation? Non of the witnesses so far can account for the events after the cellphone call and neighbor who saw TM on top of GZ. What transpire can determine GZ guilt or innocence. When GZ decided to follow TM after the 911 operator told him it was not necessary he entered a legal no man’s land. GZ claim that he was confronted and attacked by TM while he was heading back to his SUV. Heading back to the SUV is considered a de escalating action. If TM felt threaten by GZ following him, he can attack if GZ was following him. If GZ was heading back to his SUV, TM cannot follow and attack GZ for the perceived threat. There no witness to back up GZ claimed he was attacked after he was heading for his SUV, and TM is dead and cannot tell his side of the story. Unless the DA has evidence or witness that GZ lied, GZ is most likely to be off the hook. IMHO who is right or wrong depends on the back and forth between the two men. This trial is not so clear cut.

[Verginius Rufus]

GZ did not "decide to follow TM after the 911 operator told him it was not necessary."

He appears to have stopped following once he was told that. Earlier I think he had been encouraged to watch where TM was going--the point being for the police to be able to locate TM when they got there.

[kcvl]

https://mobile.twitter.com/JulisonCom

“@JulisonCom: Julison Comm is proud to be a part of International Media Coverage in support of Travon Martin’s family. #justice pic.twitter.com/OEzXkmDs”

[Uncle Chip]

The prosecution is also expected to call Chris Serino, the Sanford police officer who was the lead investigator in the case. Mr. Serino, who said Mr. Zimmerman had a “little hero complex” and felt his statements sounded “scripted,” recommended a manslaughter charge.

But that testimony could get complicated. Mr. Serino later told the F.B.I. that he had been pressured to make an arrest. He told the federal agents that he did not think there was enough evidence for a manslaughter charge.

He'll be sweating bullets as his attorney Jose Baez watches from a distance.

High-ranking officials in the Sanford Police Department and the original state attorney in the case agreed: they decided not to arrest or charge Mr. Zimmerman in February and March because they felt they lacked enough evidence to rebut self-defense.

Right about now Angela Corey and this prosecution team wished that they had listened to them and just gone to the Grand Jury because now they will have to pay the piper.

[toldyou]

Another person chimed in and said:

It has been obvious from the start that Cory is the instigator for all of this. Alan Dershowitz got it exactly right when he called her filing of these charges against Zimmerman “irresponsible and UNETHICAL”.

[JennysCool]

I get the impression just from asking around that this trial may well be the sayonara for the media's "WE'LL tell you what to think, peasant!" attitude. The MSM bet the farm on this case, and anyone with half a brain has figured out that it wouldn't be a case at all without the media pushing it beyond all sanity.

I think the farm is up on the County auction block ...

[Red Steel]

Unless the DA has evidence or witness that GZ lied, GZ is most likely to be off the hook.

No evidence or witness to contradict Zimmerman's testimony, and therefore he is presumed innocent in the eyes of law. The burden of proof is on the state, and they don't have the big cheese or the key facts in the case.

[Friendofgeorge]

My last sentence said as much

[Red Steel]

Scott’s statement when he decided to prosecute.

http://www.flgov.com/governor-rick-scott-announces-new-state-attorney-and-task-force-in-response-to-trayvon-martin-incident/

[TigersEye]

George Zimmerman isn't the only questionable prosecution Angela Cory has pushed.

Child Murder Suspect Cristian Fernandez's Case Sparks Outrage

Over zealous prosecution? Angela Cory charged a 12 yr old as an adult. (video 4:20)

[Red Steel]

The media are full of half-wits and are too busy being liked to be objective.

[Mr Ramsbotham]

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!"

Yes. They will.

[JennysCool]

This case needs to be dismissed.

And, certainly, dissed!

[SecondAmendment]

Methinks the lawless DOJ will charge Zimmerman with some sort of “civil rights violation” immediately after he wins his case against Florida.

[infowarrior]

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.

While I understand what you're saying here, there might just be another reason why Mr. Zimmerman did not deploy his concealed firearm earlier. He had just taken several hard shots to the head, and was, doubtless to me, perhaps not thinking quite as clearly as he would have otherwise, possibly even to the point of not remembering he even had it, until it became visible in the scuffle.

That said, the fact that he only fired a single round is, even as you said, a demonstration of remarkable restraint, under the circumstances he was in at that moment in time...

the infowarrior

[John Valentine]

When GZ decided to follow TM after the 911 operator told him it was not necessary he entered a legal no man’s land.

You are swallowing the prosecution Kool Aid there, Fee.

There is NO evidence to suggest that the "following" continued after GZ was told that it wasn't necessary for him to observe where TM had gone. Evidence suggests that this is in fact the point where GZ began to return to his vehicle.

[infowarrior]

William Randalph Hearst and Yellow Journalism are alive and well.Don't forget that *other* Yellow Journalist, either, you know, the one they named their oh-so-prestigious 'journalism' prize for. What was his name again? Puke-itzer, or some such like that?

the infowarrior

[GilesB]

I question two points:
I don’t believe one is justified in attacking anybody just because they think they are being followed. That would allow someone to attack a person simply traveling the same direction - not rational.

Just because a 911 dispatcher tells me something, I am under no obligation to comply. Not complying with the directions of someone without actual knowledge of the situation in no way implicates a person of anything.

Zimmerman’s lawyer should make mincemeat of any prosecution strategy reliant on your two claims.

[KC_Conspirator]

I am suprised to see this article in the Slimes. Unless I missed it, they still did not mention the "creepy ass cracker" racial comment.

However, there are a few in the media who are looking at this and seeing that this case has trouble. Experts are correct in saying that this case was overcharged from the get go, and now we have stories coming out that law enforcement was pressured to file charges.

The burden of proof rests with the state. Their star witness made them look bad; in fact for all purposes it seemed like she was helping the defense. We know know that her interview took place in front of the Martin family, which is highly unprofessional by the prosecution.

I was once involved with a case that had similarities on a smaller scale; overzealous prosecution, lack of evidence, huge credibility issues with the complainant, possible racial motivations, etc. The police and head detective eventually testified on behalf of the defendant, who was overwhelmingly found not guilty. Heck, in that case prosecution withheld crucial evidence from the defense for over a year, and it would not surprise me here if that happens too. (such as grand jury testimony not being released because a witness may have seen something that exonerates Zimmerman, for example).

[TontoKowalski]

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

LOL. You forgot celebrities. I don't know what to think about all this, so I'm googling to find out what Barbara Streisand has decided.