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The State of Florida vs George Zimmerman: The Trial

 
 
OmSigDAVID
 
  2  
Mon 15 Jul, 2013 09:17 am
@firefly,
firefly wrote:
Both sides emphasized it was extremely dark in that area, so it was difficult for any bystander
or witness to see what was going on if they were more than about three or four feet away--and no one was that close.

Zimmerman knew how dark it was--that's why he said he needed flashlights.
He knew that fight, and how it started, could not have been clearly seen by anyone.
I infer from your response
that the argument that I adduced was not offered to the jury.
Is that accurate ?
I did not hear O' Mara use it.
I have a low opinion of his demonstrated professional skills.



firefly wrote:
But I think that Zimmerman told the police that he was reaching for his cell phone, as Martin came toward him, to conceal the fact he had actually reached for his gun, just in case he had been seen moving his arm toward his gun. I think he had that gun out throughout the fight
U believe that Travon was brave enuf
to aggressively march up to someone holding a gun,
to smack him in the face when he was already pointing his gun at Travon

and then to beat his head on the street while he holds the gun on Travon???



firefly wrote:
--he had it holstered in the back, and there would have been no way for him to reach it and pull it out once Martin was on top of him.
That is un-knowable,
in the circumstances that were known to exist, to wit:
a very dynamic struggle on the ground. It is very ez to see
the possibility of the weight of Zimmy 's body, in friction
with the Earth, causing his holster to shift, such that he
was not resting on it (assuming that it was really behind him in the first place).



firefly wrote:
But, had Zimmerman told police the gun was out,
and that the entire fight was a struggle for the gun,
he would have faced 10 years for brandishing a weapon under Florida law.
That is an interesting question which calls for further investigation; very interesting.

I can see that if someone brandished his gun during a quarrel
that be made unlawful, but if u r employing the gun for its designated function,
then it seems unlikely that it constitutes a crime, unless u actually touch off a round
and blast the bad guy. I gotta look into that.





David
Linkat
 
  1  
Mon 15 Jul, 2013 09:20 am
@revelette,
thanks - yes that is the one I heard - I didn't remember exactly - but yeah I thought it was go back to your car rather than he didn't need to follow - and his agreement in the end is hard to tell whether he was agreeing to stop and wait for the police or not. There is an agreement that sounds like he is following the direction of the dispatcher, but it really is hard to tell if he did this or not.
0 Replies
 
OmSigDAVID
 
  2  
Mon 15 Jul, 2013 09:21 am
@revelette,
revelette wrote:
Since he knew the police were coming he should have let them handle it
rather than worrying about the "punks always getting away."
1. My question was whether u heard O' Mara offer that argument to the jury or not.

2. What u posted was among his options,
but he had other reasonable and lawful choices available,
including what he actually did.





David

0 Replies
 
OmSigDAVID
 
  2  
Mon 15 Jul, 2013 09:31 am

This raises the question of whether inhabitants of burglary-ridden naborhoods
shud be afraid to be watchful n observant qua strangers and questionable activity (casing the place),
casting their fate to the winds and letting the police take their chances with homicide litigation.

I suggest a more brave n aggressive philosophy
for those who r not too lazy to execute it.





David
timur
 
  3  
Mon 15 Jul, 2013 09:34 am
@OmSigDAVID,
Even if it implies murdering innocent black teens?
firefly
 
  1  
Mon 15 Jul, 2013 09:53 am
@OmSigDAVID,
Quote:
My question was whether u heard O' Mara offer that argument to the jury or not.

No, I don't think he offered that argument.
Quote:
U believe that Travon was brave enuf
to aggressively march up to someone holding a gun,
to smack him in the face when he was already pointing his gun at Travon

I think--from Rachel Jeantel's testimony--that it was Zimmerman who suddenly approached Martin, while he had his hand on his gun, and he may have reached for, or grabbed, Martin's sleeve, to keep him from running off (which is why Martin said, "Get off me"). At that point, Martin may have punched him in the nose, defensively, and Zimmerman pulled out the gun as he fell to the ground, before Martin got on top of him. Martin then saw the gun, began screaming for help, and struggled to get the gun away from him before Zimmerman fired it.

Neither side was able to satisfactorily explain how Zimmerman was able to get his gun out from under himself if Martin was on top of him pinning him down, since the gun was holstered in the back.

The prosecution contended that Martin was getting up, and withdrawing, and that's how Zimmerman got the gun out and shot him--unjustifiably at that point. As I recall, the defense offered no explanation, and just went along with Zimmerman's story that he somehow managed to get the gun out.

I think the more reasonable, and logical, explanation is that Zimmerman had the gun unhooked from the holster before he approached Martin, and his hand was on the gun as he approached Martin, and he pulled it out as soon as Martin punched him--which would not have been legal for him to do at that point. But there would be no way for the prosecution to prove it happened that way. I think that's one reason they urged the jurors to use "common sense"--Zimmerman's version of how he suddenly got the gun in his hand doesn't make sense in the context of the situation he described.
cicerone imposter
 
  0  
Mon 15 Jul, 2013 10:15 am
@MontereyJack,
You wrote,
Quote:
The regulations under which the neighborhood watch was organized said volunteers were not to casrry guns, and volunteers were to WATCH (which is why it was called a neighborhood WATCH) they were to notify police and let them handle it.


Another point of fact that the prosecution failed to bring up.
0 Replies
 
cicerone imposter
 
  0  
Mon 15 Jul, 2013 10:19 am
@firefly,
Here's another case where Zimmerman even lied to his own attorney, and the defense attorney has the gall to get an acquittal for this lying SOB.

Lies are a big deal in trials; that's the instruction from the judge in all criminal cases.

0 Replies
 
Lustig Andrei
 
  2  
Mon 15 Jul, 2013 10:55 am
@firefly,
Zimmerman's lying about his financial status, even to his own lawyers, suggests that he is not a person to be trusted. It is, however, completely irrelevant to a charge of homicide.
revelette
 
  1  
Mon 15 Jul, 2013 11:16 am
@Lustig Andrei,
Which is probably why it was not allowed in the trial, however, firefly was answering another poster about how too much was made about the whole bail thing.
0 Replies
 
Brandon9000
 
  2  
Mon 15 Jul, 2013 11:30 am
@Brandon9000,
Brandon9000 wrote:

MontereyJack wrote:

The regulations under which the neighborhood watch was organized said volunteers were not to casrry guns, and volunteers were to WATCH (which is why it was called a neighborhood WATCH) they were to notify police and let them handle it. They were NOT to involve themselves. Zimmerman broke the two cardinal rules of the organization he was supposed to uphold. He chased Trayvon. That's vigilantism.

When you say that he chased Trayvon, what do you mean?

It still doesn't make him a murderer. If, as he says, Martin attacked him and used lethal or near lethal force, then Zimmerman was justified unless Zimmerman's behavior put Martin in reasonable fear for his life or physical integrity. No matter what you say, the shooting may or may not have been justified based on the exact series of events. Even if Zimmerman behaved improperly, it doesn't necessarily justify Martin in beating him.
0 Replies
 
Brandon9000
 
  2  
Mon 15 Jul, 2013 11:33 am
@firefly,
firefly wrote:

Quote:
the claims that he lied about funds are overblown....


They aren't just "claims" and there is nothing "overblown" about this. There is substantial evidence that both Zimmerman and his wife moved their assets between accounts in order to conceal them from his lawyer and the court so he would appear indigent....

Then why wasn't he separately prosecuted for it, if the crime is so clear?
Frank Apisa
 
  0  
Mon 15 Jul, 2013 11:38 am
@OmSigDAVID,
OmSigDAVID wrote:

MontereyJack wrote:
David says:
Quote:
He looked like he was casing the naborhood, in the rain, 17 or not.
Trayvon had done no crime,
Yes, not yet,
but Zimmy had the right to look at him and to call the police anyway.



MontereyJack wrote:
he was not responsible for ANYTHING that Zimmerman profiled him for. You're right in one thing, though, David.
Trayvon should have been armed, and he should have shot Zimmerman first because he wass clearly justified in his fear of him.
That is irrational.
Zimmy followed, peacefully; that is perfectly lawful and moral.
There is no new law against following; (that 'd be hard to enforce in NY).


MontereyJack wrote:
It's unfortunate that the agressive, mistaken Zimmerman had the only gun,
becuaswe he ws clearly wrong all the way down the line.
Let 's turn that around, shall we, Jack
for the full benefit of your wisdom?????
Henceforth, when we whites see blacks behind us
and we think that maybe thay r approaching to mug us,
then we shud pre-emptively open up on them with heavy duty firepower??

Is that what u advise me to do from now on ?????





David


Damn good thing for "Zimmy" that it wasn't you he was stalking, David.

He'd probably be dead.

0 Replies
 
revelette
 
  1  
Mon 15 Jul, 2013 11:56 am
@Brandon9000,
He wasn't prosecuted because he let his wife do the dirty work for him. He didn't testify. He was ordered back to jail.

Zimmerman's wife arrested, accused of perjury

Quote:
At her husband's April 20 bond hearing, Shellie Zimmerman was asked whether the couple had financial means to assist in the defense.

"Uhm, not -- not that I'm aware of," she replied, according to a probable cause affidavit filed Monday.

She also testified under oath she was not aware of how much had been raised from a website soliciting cash for George Zimmerman's defense in the February shooting death of Trayvon Martin, 17, in Sanford, Florida. Zimmerman said he acted in self-defense.


In April, Zimmerman was charged with second-degree murder after the case was referred to a state attorney for a review. He was released from custody later that month after posting bail.

On June 1, Seminole County Judge Kenneth Lester Jr. ordered Zimmerman back to jail, accusing the suspect of not being truthful about how much money he had access to when his bond was set.

Prosecutors alleged that George Zimmerman, 28, actually had about $135,000.

According to the affidavit, prepared by an investigator with the State Attorney's office, the Zimmermans discussed finances via phone before the April 20 bond hearing.

Those talks included the transfer of money from George Zimmerman's account to accounts of his sister and wife, according to the affidavit.

Records show $47,000 was transferred from George Zimmerman's account to his sister's account from April 16 and 17, authorities allege. Shellie Zimmerman transferred more than $74,000 from her husband's account to her account from April 16 to April 19, the affidavit states.

George Zimmerman asked his wife in jail calls to "pay off all the bills," including an American Express bill and a Sam's Club card, prosecutors allege.

On April 24, after his release on bond, Shellie Zimmerman transferred more than $85,500 from her account back to George Zimmerman's account, according to the affidavit.

Shellie Zimmerman will be arraigned July 31.

Prosecutors have alleged the Zimmermans spoke in code when discussing the money in a credit union account, according to court documents filed by State Attorney Angela B. Corey.

Zimmerman "fully controlled and participated in the transfer of money from the PayPal account to defendant and his wife's credit union accounts," Corey said in court records. "This occurred prior to the time defendant was arguing to the court that he was indigent and his wife had no money."

The judge "relied on false representations and statements" by Zimmerman and his wife when the court set his bond at $150,000, Corey said. Zimmerman was required to post only 10% of that.

Defense lawyers have argued that "the vast majority of the funds in question are in an independently managed trust" that Zimmerman and his attorneys cannot access directly.

"The audio recordings of Mr. Zimmerman's phone conversation while in jail make it clear that Mr. Zimmerman knew a significant sum had been raised by his original fundraising website," attorneys said last week. "We feel the failure to disclose these funds was caused by fear, mistrust and confusion. The gravity of this mistake has been distinctly illustrated, and Mr. Zimmerman understands that this mistake has undermined his credibility, which he will have to work to repair."

The attorneys said Zimmerman did disclose the existence of the funds five days after the bond hearing, during his first conversation with the defense about the fund. "When the defense team learned of the funds, we disclosed this to the court and to the State Attorney's Office, and the money was transferred to the Legal Defense Fund, which is now independently managed," the defense said.

Of the $204,000 raised by the website, about $150,000 is now in the defense fund and $30,000 was used "to make the complicated transition from private life in Sanford, Florida, to a life in hiding as a defendant in a high-profile court case."

The remainder, about $20,000, "was kept liquid to provide living expenses for the first several months as the legal process unfolds," attorneys said.




BillRM
 
  2  
Mon 15 Jul, 2013 12:00 pm
@farmerman,
t
Quote:
wo more hurdles for Zimmerman. I read a piece that the DOJ was "concerned with the lack of a vigorous and well explained prosecution" that they are studying the evidence to see whether Zimmerman should or hould not be tried under Federal civil rights statutes.


They had have FBI agents crawling all over Zimmerman background for a year looking for some indication that he was or is a racist and came up with zero.

So if the DOJ does files charges they will need to do so knowing they are doing so in bad faith with nothing to back up the charges that Zimmerman act due to Trayvon skin color.

One political trial of a citizen is bad enough but two such trials is over the top.
cicerone imposter
 
  1  
Mon 15 Jul, 2013 12:17 pm
@Lustig Andrei,
I believe the importance of Zimmerman's lies are cumulative even those that relates to those things brought up during the trial.

I blame the prosecution for not pressing that issue - out of the many they could have challenged during the trial.
0 Replies
 
revelette
 
  2  
Mon 15 Jul, 2013 12:23 pm
@BillRM,
Actually they dropped it after the state filed charges.

Quote:
WASHINGTON — The Justice Department says it is looking into the shooting death of Trayvon Martin to determine whether federal prosecutors should file criminal civil rights charges now that George Zimmerman has been acquitted in the state case.

The department opened an investigation into Martin's death last year but stepped aside to allow the state prosecution to proceed.

In a statement Sunday, the Justice Department said the criminal section of the civil rights division, the FBI and the U.S. Attorney's office for the Middle District of Florida are continuing to evaluate the evidence generated during the federal probe, in addition to the evidence and testimony from the state trial.

The statement said that, in the government's words, "experienced federal prosecutors will determine whether the evidence reveals a prosecutable violation."


source
firefly
 
  1  
Mon 15 Jul, 2013 12:52 pm
@revelette,
Quote:
Judge delays Shellie Zimmerman’s trial until after George's
By Jeff Allen, Reporter
Wednesday, April 17, 2013

SANFORD -- The attorney for George Zimmerman’s wife was back in court Wednesday.

However, Shellie Zimmerman’s case will not head to trial until after George’s second-degree murder trial.

Shellie waived her right to appear in court. She did show up in court back in February when her attorney, Kelly Sims, tried to get her perjury charge dropped. But the judge refused to dismiss the case.

A state attorney charged Shellie with perjury after accusing her of lying about how much money the couple had, during a bond hearing for George in 2012.

Sims continues to argue the special prosecutor appointed to the Zimmerman case doesn’t have jurisdiction to charge Shellie with perjury, but the judge continues to push her case to trial.

Shellie’s attorney said he is conducting several depositions at the courthouse with witnesses in his client’s case, including bankers who are expected to testify when the case goes to trial.
http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/4/17/judge_delays_shellie.html



I heard on one of the news programs this morning that John Guy, one of the prosecutors who was just involved in Zimmerman's trial, will also be prosecuting Shellie Zimmerman for perjury. I don't know how true that is, but her trial date should be set soon. She's been out on bail since her arrest.
0 Replies
 
BillRM
 
  2  
Mon 15 Jul, 2013 02:47 pm
@revelette,
Quote:
Actually they dropped it after the state filed charges.


The DOJ drop nothing they had an ongoing attempt to find anything of a racist nature and could not come up with anything.

Now they are under great pressure to charge Zimmerman under the civil rights laws and the hell with what their own agents had found or not found.

So we are looking at a repeat of the state actions where the state at first did not bring charges until political pressure was place on them and now we are in the same position at the Federal level with even less reasons to think that there was any criminal wrong doing that would be cover under the Federal civil rights laws.

Nice to know that we have not only the best congress money can buy but the best justice system that pressure groups can control.






spendius
 
  2  
Mon 15 Jul, 2013 05:21 pm
@BillRM,
Are the Feds acting constitutionally in spending hard-working taxpayers money on a case that has been decided?
 

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