@firefly,
Quote:My question was whether u heard O' Mara offer that argument to the jury or not.
firefly wrote:No, I don't think he offered that argument.
Thank u; I deem O'Mara to be in malpractice, but no damages.
DAVID wrote: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
firefly wrote: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.
Scream and not
FLEE the scene, but attack him on the ground??
Was that b4 or after he was beating Zimmy 's head on the cement?
Assuming that TM was trying to get Zimmy 's gun,
then Zimmy 's life wud depend on his keeping it out of the perp's hands. Yes ?
firefly wrote: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.
1. Do both sides have equal burdens of proof??
2. Your description is inconsistent with the evidence.
Zimmy showed, by manual gesture, that his gun was on his right hip,
canted very slightly toward the back; a popular carrying position
(which I don't favor). Friction with the Earth in a dynamic struggle
(or impact with the Earth, on falling over backward)
easily coud shift the gun out onto his right hip, if he moved along the ground.
firefly wrote:The prosecution contended that Martin was getting up, and withdrawing,
or drawing his arm back,
to slug him
again ??
firefly wrote:and that's how Zimmerman got the gun out and shot him--unjustifiably at that point.
I don't believe that the law requires anyone to put up with being beaten as described,
to protect the bad guy. That is not what the Florida Legislature intended.
firefly wrote: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.
It is a perfectly ez and plausible explanation; no problem.
firefly wrote: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"--
In other words
: to guess????
firefly wrote: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.
With all respect, your doubt seems logically un-justified.
David