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ZIMMERMAN TRIAL: Day 7, Tuesday, July 2, 2013 (Original Post) GreenStormCloud Jul 2013 OP
Sereno recommended manslaughter charges for Zimmerman. RDANGELO Jul 2013 #1
I wouldn't think it would be, but I'm not a lawyer. GreenStormCloud Jul 2013 #3
Lesser included charge. And they can argue both consistently. Tommy_Carcetti Jul 2013 #5
Yes, the jury will get to choose for the lesser included charge, and Murder 2 chelsea0011 Jul 2013 #12
Pretty much so. Tommy_Carcetti Jul 2013 #39
True. But that is not the question that post#1 asks. GreenStormCloud Jul 2013 #44
it should raise doubt for the jury about self-defense, if Serino made such a recommendation. Voice for Peace Jul 2013 #57
I agree, wrongful homicide ..or whatever the legal term is.. fits. NM_Birder Jul 2013 #82
"Slippery Slope" (DU Poster) Just Posted This Info ChiciB1 Jul 2013 #45
Interesting. Thanks. GreenStormCloud Jul 2013 #54
yes...it is in the official police report eom noiretextatique Jul 2013 #47
Let's get them out of the way early: "So now he's guilty already?" "I'll wait to hear all the WinkyDink Jul 2013 #2
+1 Roland99 Jul 2013 #4
Lol awesome nt naaman fletcher Jul 2013 #72
State objects to the defendant's questioning of Serino as to if he thought Zimmerman was truthful Tommy_Carcetti Jul 2013 #6
Judge rules in prosecution's favor, asks the jury to disregard the question. nt Tommy_Carcetti Jul 2013 #8
I'm not a big Serino fan DemocratSinceBirth Jul 2013 #9
I think Serino asked the right questions KurtNYC Jul 2013 #10
But he also said he found Zimmy to be truthful DemocratSinceBirth Jul 2013 #11
Thx for this, that's material to his attitude uponit7771 Jul 2013 #13
Serino's questions and actions show that he did not believe parts of Zim's story KurtNYC Jul 2013 #15
It is a highly improper question Evergreen Emerald Jul 2013 #14
Plus he said he believed Zimmy couldn't possibly have profiled Martin DemocratSinceBirth Jul 2013 #16
The judge's timid-sounding voice annoys me. (I'm easily annoyed.) WinkyDink Jul 2013 #7
for reference, transcript of tape they are playing bits of, Serino interrogation KurtNYC Jul 2013 #17
Prosecution is on fire now. DemocratSinceBirth Jul 2013 #18
You just knew yesterday when the defense asked Serino if chelsea0011 Jul 2013 #19
Zimmy is getting ripped to shreds this morning. Atman Jul 2013 #20
good.. I missed all of that and am glad to hear it. Voice for Peace Jul 2013 #58
Thank you. Read last night there were only 3 streets and this is even worse. I wondered also about uppityperson Jul 2013 #129
Bernie's doing a pretty good job on re-direct of Serino. Tommy_Carcetti Jul 2013 #21
The defense "awoke a sleeping giant and filled him with a terrible resolve." DemocratSinceBirth Jul 2013 #23
This one goes out to Mark O'Mara. Tommy_Carcetti Jul 2013 #22
Bernie's on fire today riverwalker Jul 2013 #24
I hope he jumps on this slim-jim crap! FarPoint Jul 2013 #27
I KNOW! Something found DAYS later?! WinkyDink Jul 2013 #29
Probably reading his reviews DemocratSinceBirth Jul 2013 #30
Okay, O'Mara is basically now totally conceding and justifying Zimmerman was profiling. Tommy_Carcetti Jul 2013 #25
Oh good, defense points out that a black man was sentenced to 5 years chelsea0011 Jul 2013 #26
"Legally speaking, no."---"Was there anything wrong with Z's following TM?" CRIME isn't the POINT. WinkyDink Jul 2013 #28
Not sure what O'Mara's point is here, except to confuse the jury. Tommy_Carcetti Jul 2013 #31
If you look at the totality of Zimmerman's actions, it is Martin that should be concerned about his chelsea0011 Jul 2013 #32
Not just plausible, but logical. Tommy_Carcetti Jul 2013 #33
Where are the objections to these questions based on Z's IMPEACHABLE WORDS? This witness needs WinkyDink Jul 2013 #34
OMG. The Defense just got the witness to agree that Z was "trying to be accurate." WTH?! Z's WHOLE WinkyDink Jul 2013 #35
And he got Serino to agree that the evidence shows that Martin was leaning chelsea0011 Jul 2013 #36
And on re-re-direct just now, the "TM on top" scenario has been agreed to! The D.A. is WEAK. WinkyDink Jul 2013 #37
I wonder why the DA that did the opening avebury Jul 2013 #38
doesn't matter which one was on top TorchTheWitch Jul 2013 #135
The witness is suppose to answer questions pintobean Jul 2013 #40
I agree, and mentioned the DA. WinkyDink Jul 2013 #42
Mark Osterman on now riverwalker Jul 2013 #41
it's all hearsay riverwalker Jul 2013 #49
"He told you, when he got Trayvon Martin's hands off his mouth,...." NO EVIDENCE TM did this! WinkyDink Jul 2013 #43
It's like the prosecution doesn't care...it's even partly helping the defense Roland99 Jul 2013 #46
Fascinating performance by a Z partisan....... korak Jul 2013 #53
the book author/best friend of Zimmerman? Roland99 Jul 2013 #55
Serinos interrogation is powerful, the mouth smothering peice is something the defense hasn't uponit7771 Jul 2013 #50
Ostermans story riverwalker Jul 2013 #48
+1,The tip of Z's nose was bleeding also, not the nostrils there's no sense that there was no blood uponit7771 Jul 2013 #51
Not true, premium Jul 2013 #56
I see blood on the tip of Z's NOSE, I don't nkow what you're looking at uponit7771 Jul 2013 #70
That's not my fault that you can't see what's obviously there. nt. premium Jul 2013 #83
She just said there was blood coming out of his nose. nt. premium Jul 2013 #94
Osterman's credibility....he writes a book about his best friends most life altering event Ninga Jul 2013 #52
Prosecution playing Sean Hannity interview w/Zim Voice for Peace Jul 2013 #59
Great, now we have to listen to Sean Hannity's smarmy little voice. nt Tommy_Carcetti Jul 2013 #60
This interview is really ticking me off. avebury Jul 2013 #65
Z tells Hannity riverwalker Jul 2013 #61
"I didn't think I hit him" vs. "He cried out, 'You got me!'" Which one, GEORGE? WinkyDink Jul 2013 #62
So, the death of Trayvon Martin was "God's plan". All-righty, then, Z! You lying PoS. WinkyDink Jul 2013 #63
"It was all God's plan" riverwalker Jul 2013 #64
I heard one pundit describe Prosecutor John Guy as reminiscent of a "young Kevin Costner" Tommy_Carcetti Jul 2013 #66
The voice IS, even to the inflections! Ha! One role is cast.... WinkyDink Jul 2013 #68
I just hope he doesn't bring in his dad and ask him to play catch. Tommy_Carcetti Jul 2013 #85
Dr. Rao riverwalker Jul 2013 #67
Medical examiner testified that Zimmerman's injuries were "insignificant and not life threatening" Tommy_Carcetti Jul 2013 #69
Zimmerman was "not incapacited in any way" post-shooting. nt Tommy_Carcetti Jul 2013 #71
ONE hit, not "dozens." WinkyDink Jul 2013 #73
+1 uponit7771 Jul 2013 #76
Injuries not consistent with head being slammed repeatedly into concrete. Tommy_Carcetti Jul 2013 #81
+1, establishing what the FP said uponit7771 Jul 2013 #75
"Insignificant injuries" riverwalker Jul 2013 #74
Yeap, because they were in the same area of the head..that's pretty good uponit7771 Jul 2013 #77
A dictionary definition is hearsay - are avebury Jul 2013 #78
I think the prosecution willingly let that in. Tommy_Carcetti Jul 2013 #84
i like the way you think Voice for Peace Jul 2013 #89
sidebar now riverwalker Jul 2013 #79
not consistant with "slammed" riverwalker Jul 2013 #80
Do you know if he had a head xray or mri or anything? Union Scribe Jul 2013 #88
+1, I played football for 6 years...if the head was hit in the wrong place you're out... uponit7771 Jul 2013 #90
no Xray, no CT scan, no MRI riverwalker Jul 2013 #92
If they were 'wrestling' near/on the 'cement' as the lady last week put it, Myrina Jul 2013 #91
+1 uponit7771 Jul 2013 #93
Rao's direct testimony was short and sweet. Tommy_Carcetti Jul 2013 #86
Desperate measure by the defense, she's the ME...we expect here to be related to the state uponit7771 Jul 2013 #87
Rao is coming off as a very strong witness, to me. Tommy_Carcetti Jul 2013 #95
Just Checked In Here... ChiciB1 Jul 2013 #98
"Why does the defense think his injuries were much more severe today?" Tommy_Carcetti Jul 2013 #99
I See It That Way Myself... ChiciB1 Jul 2013 #108
Sure, a prosecutor could "throw" a case... Tommy_Carcetti Jul 2013 #109
this is getting ridiculous riverwalker Jul 2013 #96
why is the judge letting the defense go on with these stupid questions uponit7771 Jul 2013 #102
I don't think the prosecution minds. Tommy_Carcetti Jul 2013 #104
O'Mara tried to get her to say riverwalker Jul 2013 #97
It would be helpful if they could show injuries that were known to be caused KurtNYC Jul 2013 #101
But they've seen Bruce Willis movies, so they know it's not that bad! n/t Scootaloo Jul 2013 #106
Apparently Mark O'Mara never had a buzz cut in his life. Tommy_Carcetti Jul 2013 #103
Why is she testifying from photos? Ha! She just asked the same thing! Feh! He got"It's possible"s. WinkyDink Jul 2013 #100
The medical examiner is giving O'Mara heartburn! madaboutharry Jul 2013 #105
He got her to admit may more impacts possible ksoze Jul 2013 #107
I stepped away so can someone update me on what avebury Jul 2013 #110
they want to enter his college transcripts riverwalker Jul 2013 #112
How did the judge rule? avebury Jul 2013 #119
State is arguing to enter into evidence riverwalker Jul 2013 #111
No knowledge of SYG? Bullshit!! GreenStormCloud Jul 2013 #136
this is what they are arguing riverwalker Jul 2013 #113
O'Mara: they have to show he was in the class n/t riverwalker Jul 2013 #115
Not really. Apparently Z denied (to Hannity) even HEARING of SYG. Please. WinkyDink Jul 2013 #122
The defense is objecting to the next witness because it will show Zimmerman lied.... Tommy_Carcetti Jul 2013 #114
Prosecution: He had the text book riverwalker Jul 2013 #116
The evidence should be allowed to be avebury Jul 2013 #121
Fox commentator: "Can of Arizona ice tea = deadly weapon." anneboleyn Jul 2013 #117
Fox News, go home, you're drunk. Tommy_Carcetti Jul 2013 #123
Here's some conjecture Deny and Shred Jul 2013 #118
Not at all crazy. Tommy_Carcetti Jul 2013 #120
Makes eminent sense to me. WinkyDink Jul 2013 #125
walking suspiciously riverwalker Jul 2013 #124
walking suspiciously = walking while black Cali_Democrat Jul 2013 #127
"he was looking at houses" riverwalker Jul 2013 #130
If there are class attendance records, or even proof that Z was there on Day 1 when the syllabus was WinkyDink Jul 2013 #126
sounds like the Professor is there riverwalker Jul 2013 #128
they will decide in the morning riverwalker Jul 2013 #131
They're baaaaack. WinkyDink Jul 2013 #132
Kristen Benson, finger print expert. Tommy_Carcetti Jul 2013 #133
Slightly off-topic, but I seem to recall seeing a live captioned stream version of the trial... Mr. David Jul 2013 #134

GreenStormCloud

(12,072 posts)
3. I wouldn't think it would be, but I'm not a lawyer.
Tue Jul 2, 2013, 08:55 AM
Jul 2013

I do think that manslaughter would have been the better charge. They aren't doing so well on murder=2.

Tommy_Carcetti

(43,191 posts)
5. Lesser included charge. And they can argue both consistently.
Tue Jul 2, 2013, 09:17 AM
Jul 2013

One can claim someone was acting both with a callous disregard for human life (murder 2) and recklessness (manslaughter) without having to necessarily change the underlying facts of the narrative.

chelsea0011

(10,115 posts)
12. Yes, the jury will get to choose for the lesser included charge, and Murder 2
Tue Jul 2, 2013, 09:48 AM
Jul 2013

is included because if they can prove Zimmerman profiled Martin and stalked and shot him it will meet the requirement for murder 2. Am I right about that?

Tommy_Carcetti

(43,191 posts)
39. Pretty much so.
Tue Jul 2, 2013, 11:06 AM
Jul 2013

If the jury believes Zimmerman went out there meaning to confront and/or detain Trayvon, it would support a 2nd Degree charge.

If Zimmerman didn't necessarily mean to confront or detain Trayvon but he did go out knowing there was a good possibility of a physical confrontation, and he still chose to go out of his car, it supports manslaughter.

GreenStormCloud

(12,072 posts)
44. True. But that is not the question that post#1 asks.
Tue Jul 2, 2013, 11:55 AM
Jul 2013

He asks if the fact that Sereno wanted manslaughter charges is evidence. Evidence of what? That Sereno wanted such charges proves nothing one way or another about Z.

 

Voice for Peace

(13,141 posts)
57. it should raise doubt for the jury about self-defense, if Serino made such a recommendation.
Tue Jul 2, 2013, 12:51 PM
Jul 2013

The defense had Serino repeatedly saying there
was nothing in Zimmerman's interview out of the
ordinary that raised red flags, (eg that Zimmerman
was lying or changing his story.)

So if after all of that Serino had recommended
manslaughter, clearly he thought there was some
kind of crime.


 

NM_Birder

(1,591 posts)
82. I agree, wrongful homicide ..or whatever the legal term is.. fits.
Tue Jul 2, 2013, 02:18 PM
Jul 2013

he wrongfully confronted and killed Martin, if they had prosecuted Zimmerman in a court of law, instead of public opinion, Zimmerman would be in his cell right now.

ChiciB1

(15,435 posts)
45. "Slippery Slope" (DU Poster) Just Posted This Info
Tue Jul 2, 2013, 11:58 AM
Jul 2013

at another thread. I have not researched this, I do live in Florida but have no legal background. But why would Sereno suggest manslaughter if Florida law states sentence is same? I certainly do hope he's correct. While I've heard legal eagle's say that following a person you think suspicious IS NOT illegal here in Florida, I myself have had a problem and feel GZ should have let authorities handle this situation. My reaction regarding how GZ handled this has been visceral, and I would probably feel the same way if TM was white/latino or any other race. His actions do give ME a creepy feeling, and if I met him under any circumstances, my intuition would tell me I'd rather not include him in my circle of friends.

This post is to explain some details of Florida sentencing laws, specifically the "10-20-Life" law, and how they relate to the Zimmerman trial.

Some people have expressed surprise that this case wasn't plea bargained down to a lesser offense (such as manslaughter), and others have expressed dismay that the prosecution might not be able to convict on second degree murder charges. Understanding the sentencing laws in this case could help provide clarity on these issues.

Slightly simplified; the Florida "10-20-Life" law requires that anybody convicted of a crime that involved shooting another person is going to face a prison sentence of 25 years to life. This sentence is automatic and there is no judicial discretion.

First point: Consider what this means with regards to a plea bargain. GZ was charged with second degree murder. The penalty for this crime is 25 years to life. If GZ had accepted a plea bargain down to manslaughter, he would still be facing 25 years to life. If GZ had accepted a plea bargain down to aggravated battery, he would still be facing 25 years to life. Any "reasonable" plea that could have been offered to GZ would have effectively had the same penalty so there is little incentive in this case to offer or accept a plea.

Second point: What verdict would be a "win" for the prosecution in this case? Although GZ has been charged only with second degree murder, the jury can choose to find him innocent on that charge but guilty on a lesser charge. Under Florida law, there are four possible charges in this case that the jury could convict GZ of:

* Second degree murder
* Manslaughter
* Aggravated Battery
* Battery

Being convicted of any of the first three charges will trigger the "10-20-Life" law. Being convicted of simple battery would not, however aggravated battery under Florida law means "battery with a deadly weapon". Since GZ clearly did use a deadly weapon, it is nearly inconceivable that a jury could find him guilty of simple battery.

Since any of the first three charges trigger the "10-20-Life" law, effectively any one of them is as good as the other for the prosecution. GZ will be facing 25 years to life if convicted of any.

Basically then, there are three outcomes that are a victory for the prosecution and only one that is a victory for GZ.

 

WinkyDink

(51,311 posts)
2. Let's get them out of the way early: "So now he's guilty already?" "I'll wait to hear all the
Tue Jul 2, 2013, 08:55 AM
Jul 2013

evidence." "Only the opinions of the six jurors matter." "Were you there?"

Tommy_Carcetti

(43,191 posts)
6. State objects to the defendant's questioning of Serino as to if he thought Zimmerman was truthful
Tue Jul 2, 2013, 09:19 AM
Jul 2013

Case law appears to be on their side.

DemocratSinceBirth

(99,711 posts)
9. I'm not a big Serino fan
Tue Jul 2, 2013, 09:34 AM
Jul 2013

BTW, Serino is on the record as saying he favored filing charges because of pressure from African American officers.

What a happy police department that must be.

KurtNYC

(14,549 posts)
10. I think Serino asked the right questions
Tue Jul 2, 2013, 09:41 AM
Jul 2013

and picks through the inconsistencies in Zim's account(s) of what happened. He knows Zim isn't chasing TM out of "fear"

That he totally looks and sounds the part, as if Central Casting sent him, is just a bonus.

DemocratSinceBirth

(99,711 posts)
11. But he also said he found Zimmy to be truthful
Tue Jul 2, 2013, 09:45 AM
Jul 2013

That had to be stricken from the record. But you can't put the toothpaste back in the tube.

I have watched this case closely and have seen commentators with no obvious dog in this fight say Zimmy has been untruthful about following Trayvon and the manner in which he died.

KurtNYC

(14,549 posts)
15. Serino's questions and actions show that he did not believe parts of Zim's story
Tue Jul 2, 2013, 09:51 AM
Jul 2013

He may have found him to be truthful about SOMEthing but not about "fear" or why he got out of the car, or that he does not know the names of 2 out of the 3 streets in the neighborhood in which he is neighborhood watch captain. In the interrogation tape Serino pauses the tape every time there is an inconsistency and questions Zim very directly about why he finds it inconsistent. Serino says directly, about Zim exiting car to chase TM, "that's not fear."

Evergreen Emerald

(13,069 posts)
14. It is a highly improper question
Tue Jul 2, 2013, 09:48 AM
Jul 2013

The veracity of a witness is for the jury alone to determine. Anyone asking a witness their opinion on that topic is ringing a bell they know cannot be unrung--and know it is improper.

Had the prosecution asked that question, (assuming conviction) it would be an issue on appeal that would likely result in a reversal.

DemocratSinceBirth

(99,711 posts)
16. Plus he said he believed Zimmy couldn't possibly have profiled Martin
Tue Jul 2, 2013, 09:53 AM
Jul 2013

Plus he said he believed Zimmy couldn't possibly have profiled Martin because he "mentored African American children."

What nonsense.

It's quite possible and indeed likely Zimmy separates "good ones" and "bad ones" in his his mind. It's akin to the "some of my best friends are, fill in the blank.." defense...

chelsea0011

(10,115 posts)
19. You just knew yesterday when the defense asked Serino if
Tue Jul 2, 2013, 10:11 AM
Jul 2013

he could list all the inconsistencies and he couldn't list any "off hand", that the prosecution on re-direct would go through them one by one.

Atman

(31,464 posts)
20. Zimmy is getting ripped to shreds this morning.
Tue Jul 2, 2013, 10:13 AM
Jul 2013

To, it turns out the road Z claimed he wasn't knowledgable of was actually the main entrance road to the gated community! The road had the same name as the neighborhood! Further, despite Z's claim to have been merely looking for an address, prosecution showed a photo with the address clearly on the house they were standing in front of. More big holes being shot into Z's bs story.

 

Voice for Peace

(13,141 posts)
58. good.. I missed all of that and am glad to hear it.
Tue Jul 2, 2013, 01:00 PM
Jul 2013

for some reason every time I tune in it's the defense attorneys making me ill

uppityperson

(115,678 posts)
129. Thank you. Read last night there were only 3 streets and this is even worse. I wondered also about
Tue Jul 2, 2013, 04:04 PM
Jul 2013

the addresses since they are typically on the street side, where his truck was.

Tommy_Carcetti

(43,191 posts)
21. Bernie's doing a pretty good job on re-direct of Serino.
Tue Jul 2, 2013, 10:15 AM
Jul 2013

Points out that Serino did think there was inconsistencies and logical flaws in Zimmerman's story.

DemocratSinceBirth

(99,711 posts)
30. Probably reading his reviews
Tue Jul 2, 2013, 10:25 AM
Jul 2013

But a trial isn't a play... The prosecution has to play the cards they're dealt.

Their best witness is dead and there is enough ambiguity to exploit.

Tommy_Carcetti

(43,191 posts)
25. Okay, O'Mara is basically now totally conceding and justifying Zimmerman was profiling.
Tue Jul 2, 2013, 10:21 AM
Jul 2013

And insinuating that Trayvon was up to no good.

Claiming there was a slim jim found nearby 5 days after the shooting.

Nice, very nice.

chelsea0011

(10,115 posts)
26. Oh good, defense points out that a black man was sentenced to 5 years
Tue Jul 2, 2013, 10:21 AM
Jul 2013

for burglary. including some in the neighborhood, so I guess Zimmerman wasn't profiling.

Tommy_Carcetti

(43,191 posts)
31. Not sure what O'Mara's point is here, except to confuse the jury.
Tue Jul 2, 2013, 10:26 AM
Jul 2013

Following and approaching a person isn't illegal. But, as Serino testified, it could be considered confrontational.

The affirmative defense of self-defense can itself be rebutted by adequate provocation. Acting in a confrontational manner could definitely be considered adequate provocation.

chelsea0011

(10,115 posts)
32. If you look at the totality of Zimmerman's actions, it is Martin that should be concerned about his
Tue Jul 2, 2013, 10:32 AM
Jul 2013

own welfare as Martin was aware he was being followed from the get go. At the point Zimmerman loses sight of Martin and he says he had no idea of the address (!!!), it is plausible to me that Martin may have ducked out of sight because Martin had concerns (fear?) about being followed.

Tommy_Carcetti

(43,191 posts)
33. Not just plausible, but logical.
Tue Jul 2, 2013, 10:34 AM
Jul 2013

Nothing in the fight or flight human instinct supports what Zimmerman claims Trayvon did.

 

WinkyDink

(51,311 posts)
34. Where are the objections to these questions based on Z's IMPEACHABLE WORDS? This witness needs
Tue Jul 2, 2013, 10:35 AM
Jul 2013

to say "I have no knowledge of that" instead of agreeing with the Defense's assumptions as possibilities!!

 

WinkyDink

(51,311 posts)
35. OMG. The Defense just got the witness to agree that Z was "trying to be accurate." WTH?! Z's WHOLE
Tue Jul 2, 2013, 10:46 AM
Jul 2013

STORY COULD BE A FABRICATION!

This witness also just replied, "I had no choice but to be okay with it (Z's story)"---as if he doesn't realize what "to be okay with" MEANS.

This witness seems also not to grasp that he should not answer affirmatively to questions about things he is not personally knowledgeable of.
"So there was no pressing of the gun against Trayvon?"
"No, Sir, based on what I read."

NOOOO! Your answer is to be "I'm not the forensics expert, Sir."

This witness SEEMS to be a good one, has the demeanor, the appearance, but he is AWFUL. He is hesitant as to what he actually said and saw, and very quick to acquiesce with the spinning by the Defense.

chelsea0011

(10,115 posts)
36. And he got Serino to agree that the evidence shows that Martin was leaning
Tue Jul 2, 2013, 10:55 AM
Jul 2013

over Zimmerman because the gun muzzle wasn't pressed against the skin and there was a few inches between shirt and skin. Serino agrees with defense when all it means is that Martin's shirt wasn't solidly against his skin standing, leaning, bent over, or whatever.

avebury

(10,952 posts)
38. I wonder why the DA that did the opening
Tue Jul 2, 2013, 11:06 AM
Jul 2013

statement did not handle more of the witnesses. I would have loved to see his zeal in handling more of the case then he has been give.

TorchTheWitch

(11,065 posts)
135. doesn't matter which one was on top
Tue Jul 2, 2013, 05:16 PM
Jul 2013

Far too much is being made of who was on top of who. What matters is what they were doing, why they were doing it, and why Martin was shot because of it.

They were in a physical altercation and like most of these fights they were likely rolling around on the ground and may have switched which was on top a number of times. What matters is why did this physical altercation start in the first place, did MARTIN have the right to protect himself from this creepy guy that he was already demonstratively afraid of from Z's own words as to what he claimed he was doing. And with those words we know that Z perceived him as a bad guy, a fucking thug, probably one of those young black male robbers, etc., and it was Z from long before he got out of his car who was the aggressor. This scared kid that was running away from this guy he thought was creepy and dangerous in some way didn't suddenly become the aggressor. There was no role reversal. Martin didn't perceive himself as the hunted and when almost home suddenly decided to be te hunter with the original aggressor Zimmerman suddenly becoming non-aggressive and non-confrontational.

It matters not which one was on top when Martin was shot. What matters is why Martin got into this physical altercation with Zimmerman at all. THere had to be a deep reason that this kid who was scared of this creepy guy following him enough so that he ran away from him suddenly became involved in a physical altercation with him, and in no way do I believe it was Martin that started it without that deep reason which I believe was Zimmerman exposing or brandishing his gun. At that point anything Martin did was excusable as it would have been HIM standing his ground and defending himself from a crazy dude that had run after him for no reason and was armed. Either that or Z started the physical altercation, and from Rachel's testimony of what she heard and with Martin's cellphone and headset found on the ground near his body that's exactly what I believe happened - that after Martin asked him why he was following him that Z put hands on him in some way as for Martin to reasonably fight him off.

Personally, I DO believe that at the time he was shot Martin was on top. But I also believe he was not reining blows on Z nor bashing his head into concrete that his body fell no where near as Z's injuries in no way support that nor does his story of what happened but that Z already had his gun out and Martin was trying to get it away from him terrified that Z was going to shoot him... and that Z shot Martin because he was afraid that Martin might indeed get hold of his gun but that gun wasn't hidden in his holster but long since already out in his hand.

I don't believe Martin ever punched Z in the nose, and Z's own story of Martin covering his mouth and nose with his hands which would have been bloody from Z claiming he had already been punched before that happened but that Z got the injuries to his nose from either the gun recoil for from Martin after being shot falling on top of him slamming the gun and Z's hand into his own face. If that's how he got the bloodied nose than the only injuries he had before shooting Martin was a couple of tiny abrasions to his head that are far more consistent with rolling over some bits of sticks or small stones on the ground when they got to the ground tussling about. I absolutely believe that Z shot Martin because he already had his gun out in his hand, that Martin was fighting him off and trying to get the gun away from him and that Z suddenly became afraid that he just might be able to. He wasn't afraid for his life from any injuries that this fight gave him but was afraid that his recklessly pulling out his gun on Martin to make sure that he didn't have to worry about Martin trying to hurt him because that's what people who carry guns DO. It's the entire reason they have them - not just to shoot at someone but to threaten someone with so they don't have to worry about getting into a fist fight in the first place. But Martin was already scared of this guy, and if Z pushed him or hit him or laid hands on him in any way it is reasonable that Martin would defend himself and reasonable that Z would have pulled out his gun to try to threaten him to comply with whatever he wanted but this drawing a gun on Martin only increased his terror and he felt he had to violently protect himself and try to get the gun away from him before this loony nut shot him... which sadly is exactly what the loony nut did.

 

pintobean

(18,101 posts)
40. The witness is suppose to answer questions
Tue Jul 2, 2013, 11:13 AM
Jul 2013

unless instructed otherwise by the judge. It's the prosecution's job to object. I'm surprised the whole autopsy line of questions was allowed.

riverwalker

(8,694 posts)
41. Mark Osterman on now
Tue Jul 2, 2013, 11:32 AM
Jul 2013

on a quick Googling, lots of stuff on this guy. He wrote a book about Zimmerman?

http://www.amazon.com/Defending-Friend-Most-Hated-America/dp/1622958462

Defending our Friend; the Most Hated Man in America

by Mark & Sondra Osterman (Author)

riverwalker

(8,694 posts)
49. it's all hearsay
Tue Jul 2, 2013, 12:19 PM
Jul 2013

why is this guy even there? The jury is going to wonder why this sweating fool is on the stand but Zimmerman is not.

 

WinkyDink

(51,311 posts)
43. "He told you, when he got Trayvon Martin's hands off his mouth,...." NO EVIDENCE TM did this!
Tue Jul 2, 2013, 11:49 AM
Jul 2013

It just seems to me that too much credence is being given by both sides to Z's story, when every single detail, bar what witnesses have reported they saw or heard, might be a fabrication.

Jumped out of the bushes? And then using that possible fiction to BUILD on, with that "Slim-Jim" questioning? Unreal.

The claim of Trayvon pounding Z's head? And using THAT to discuss how "gravity" affects blood flow?

And now a self-serving author who will tell us more of ZIMMERMAN'S UNCORROBORATED STORY?

Whatever.

 

korak

(77 posts)
53. Fascinating performance by a Z partisan.......
Tue Jul 2, 2013, 12:26 PM
Jul 2013

With "human interest" details.

And this is another prosecution witness! A strange trial. Or maybe I don't know anything about trials.

Mention of Shellie reminds me. She reportedly has her own matching Kel-Tec 9!

Roland99

(53,342 posts)
55. the book author/best friend of Zimmerman?
Tue Jul 2, 2013, 12:35 PM
Jul 2013

Reading some live tweets sounds like this guy's book (based upon story told to the guy by Zimmerman) is differing from Zimmerman's taped interview

uponit7771

(90,359 posts)
50. Serinos interrogation is powerful, the mouth smothering peice is something the defense hasn't
Tue Jul 2, 2013, 12:20 PM
Jul 2013

...defended against

How in the world is Z supposed to be smothered and there be no muffles to the screams

riverwalker

(8,694 posts)
48. Ostermans story
Tue Jul 2, 2013, 12:17 PM
Jul 2013

Last edited Tue Jul 2, 2013, 01:08 PM - Edit history (1)

I think prosecution should focus on no saliva or blood found on gun. Osterman repeats the part about Trayvons hand over Z's mouth, then reaches for gun. O'Mara thinks blood from nose going back into throat explains away why none of Z's blood on Trayvons hand, but does not explain why no bloody saliva found either, on gun or holster. Osterman says Trayvon had both hands over Z nose AND mouth, there would be some trace of saliva/blood.

uponit7771

(90,359 posts)
51. +1,The tip of Z's nose was bleeding also, not the nostrils there's no sense that there was no blood
Tue Jul 2, 2013, 12:22 PM
Jul 2013

...TMs hands

Also, remmber Z said his nose was broken...

There wouldn't be any blood from the cut on the nose?!

 

premium

(3,731 posts)
56. Not true,
Tue Jul 2, 2013, 12:41 PM
Jul 2013

if you look, you can see a stream of blood out of his right nostril, and you can see where it streamed out of the left side of his nostril and pooled on the left side of his upper lip.

?w=640&h=518

Plus, judging by the miss-happen shape of the right side of his nose, and the way it's cocked over the the right, I'd guess that his nose is broken.

Ninga

(8,277 posts)
52. Osterman's credibility....he writes a book about his best friends most life altering event
Tue Jul 2, 2013, 12:26 PM
Jul 2013

and doesn't vet the draft of the book with the subject to verify he got "facts" down correctly before publishing?????

Really???? Will the DA ask this basic question? Good f**ing grief!

avebury

(10,952 posts)
65. This interview is really ticking me off.
Tue Jul 2, 2013, 01:58 PM
Jul 2013

Zimmerman shows absolutely no remorse. Not even one iota about what he did.

I am so afraid that Trayvon Martin will not get any justice.

Tommy_Carcetti

(43,191 posts)
66. I heard one pundit describe Prosecutor John Guy as reminiscent of a "young Kevin Costner"
Tue Jul 2, 2013, 02:08 PM
Jul 2013

Physically, it's a nominal resemblance at best.

But in terms of his voice, it's a dead ringer.

riverwalker

(8,694 posts)
67. Dr. Rao
Tue Jul 2, 2013, 02:10 PM
Jul 2013

Medical examiner. Will not only report on Trayvon, but on Zimmerman's "injuries". This will be critical.
Edit: she will NOT be testifying about Trayvon, just Z.

Tommy_Carcetti

(43,191 posts)
69. Medical examiner testified that Zimmerman's injuries were "insignificant and not life threatening"
Tue Jul 2, 2013, 02:12 PM
Jul 2013

That can't be that good for the defendant's case.

Tommy_Carcetti

(43,191 posts)
81. Injuries not consistent with head being slammed repeatedly into concrete.
Tue Jul 2, 2013, 02:18 PM
Jul 2013

Repeated slamming would have required suturing.

Tommy_Carcetti

(43,191 posts)
84. I think the prosecution willingly let that in.
Tue Jul 2, 2013, 02:20 PM
Jul 2013

Basically, I think what the prosecution did was to create an array of the various statements by Zimmerman--by police, to his friend, to Sean Hannity.

The next witnesses, I believe, will highlight inconsistencies (internal and external) and logical fallacies of those stories.

Union Scribe

(7,099 posts)
88. Do you know if he had a head xray or mri or anything?
Tue Jul 2, 2013, 02:25 PM
Jul 2013

I just can't imagine a head banging against concrete multiple times and not causing internal damage. Or having it happen to me and not seeking tests. This is damning stuff for the defense.

uponit7771

(90,359 posts)
90. +1, I played football for 6 years...if the head was hit in the wrong place you're out...
Tue Jul 2, 2013, 02:27 PM
Jul 2013

...doesn't matter how big the guy was..

Against concrete the person is done

riverwalker

(8,694 posts)
92. no Xray, no CT scan, no MRI
Tue Jul 2, 2013, 02:32 PM
Jul 2013

all the assessments of Z showed no indication to do any tests.

i.e. if EMTs that assessed Z, saw him stumbling, blacking out, they would cart him to hospital. Or if PA who did neuro exam on Z the next day, saw any signs of brain injury, she would send him immediately to hospital. No one saw any signs of head injury.

Myrina

(12,296 posts)
91. If they were 'wrestling' near/on the 'cement' as the lady last week put it,
Tue Jul 2, 2013, 02:29 PM
Jul 2013

And Zimmy's bald head rolled onto a stone or 2 that was on the walkway, it would likely cause very similar injuries. Especially if Martin was holding him down.
If Martin was 'slamming his head' into the pavement, there'd likely have been skull fractures & more bruising.

Tommy_Carcetti

(43,191 posts)
86. Rao's direct testimony was short and sweet.
Tue Jul 2, 2013, 02:24 PM
Jul 2013

Interesting to see what the defense will do to rebut her testimony.

Right now, O'Mara started off by saying the State Attorney in the case appointed her to her position. I guess to show bias or something. Hoo-kay.

Tommy_Carcetti

(43,191 posts)
95. Rao is coming off as a very strong witness, to me.
Tue Jul 2, 2013, 02:40 PM
Jul 2013

Not giving much ground to her position during O'Mara's cross.

ChiciB1

(15,435 posts)
98. Just Checked In Here...
Tue Jul 2, 2013, 02:46 PM
Jul 2013

But I did hear his Dr. testify last week and GZ's injuries were defined as minor at that time. Actually even GZ said he was fine and needed no further attention, so why does the defense think his injuries were much more severe today?

Am I wrong in thinking that Dr. Rao & his Dr. are on the same page? His injuries stated by him, not so bad, injuries by Dr. not so severe. Where is the distinction?

Tommy_Carcetti

(43,191 posts)
99. "Why does the defense think his injuries were much more severe today?"
Tue Jul 2, 2013, 02:51 PM
Jul 2013

Because Zimmerman told police and his BFF and Sean Fucking Hannity that his head was being slammed into the ground repeatedly.

And if medical evidence goes to the opposite of that, that's a huge problem for the Defense and Zimmerman's veracity.

Now do people understand why the prosecution chose to play all of Zimmerman's various statements to police and the media?

ChiciB1

(15,435 posts)
108. I See It That Way Myself...
Tue Jul 2, 2013, 03:11 PM
Jul 2013

But I just checked another thread here asking the question of whether we think prosecution is throwing this case? Many answers there indicate that THEY think they are!

I understand the "politics" operating here, maybe the community will hold it against a prosecutor for "winning" for Trayvon, but I've read so many true crime books and I'm unsure that a prosecutor would really want to "throw" a case in favor of the defense. I guess anything's possible given the world we live in today, so how many here think they are doing this?

Given comments here and comments of a whole lot of people I've talked with I'm not finding very many people who believe GZ. But, those that think he shouldn't be held accountable haven't given me very good arguments supporting GZ. Their points seem weak, but this is a trial and I UNDERSTAND that there's a lot the jury isn't hearing right now.

But throwing the trial? If so, then I'm a real Pollyanna with blinders on. Still I do live in Florida and have seen weird trials here that have enraged me. Still not sure it was because a prosecutor threw the trial.

Tommy_Carcetti

(43,191 posts)
104. I don't think the prosecution minds.
Tue Jul 2, 2013, 02:57 PM
Jul 2013

O'Mara's coming off like a blubbering fool.

Rule 1 in adversarial law: If opposing counsel is making a fool of him/herself, let him/her do it.

riverwalker

(8,694 posts)
97. O'Mara tried to get her to say
Tue Jul 2, 2013, 02:43 PM
Jul 2013

normal variations in the skull, to be bruises and lumps. He failed.

(Note to O'Mara, look up Phrenology.)

KurtNYC

(14,549 posts)
101. It would be helpful if they could show injuries that were known to be caused
Tue Jul 2, 2013, 02:53 PM
Jul 2013

by a head hitting concrete. Also show a person who has been hit in the face 20 times for comparison. I think most people are not familiar with what specific trauma injuries look like.

Tommy_Carcetti

(43,191 posts)
103. Apparently Mark O'Mara never had a buzz cut in his life.
Tue Jul 2, 2013, 02:53 PM
Jul 2013

There's a reason I only had a buzz cut once in my life. I didn't like all the lumps and bumps my head showed.

It's not actually a smooth cue ball, after all.

 

WinkyDink

(51,311 posts)
100. Why is she testifying from photos? Ha! She just asked the same thing! Feh! He got"It's possible"s.
Tue Jul 2, 2013, 02:53 PM
Jul 2013

This expert is being brow-beaten now.

madaboutharry

(40,219 posts)
105. The medical examiner is giving O'Mara heartburn!
Tue Jul 2, 2013, 03:01 PM
Jul 2013

She has testified in 100's of trials. He should know that he can't push her around.

ksoze

(2,068 posts)
107. He got her to admit may more impacts possible
Tue Jul 2, 2013, 03:03 PM
Jul 2013

She only used minimums he asked for maximums that could cause those wounds.

riverwalker

(8,694 posts)
112. they want to enter his college transcripts
Tue Jul 2, 2013, 03:34 PM
Jul 2013

showing he had prior knowledge of criminal justice etc. Also and application to Virginia police force, and application to do ride alongs with Sanford police.

riverwalker

(8,694 posts)
111. State is arguing to enter into evidence
Tue Jul 2, 2013, 03:32 PM
Jul 2013

Z coursework that show he had studied self defense and Stand your ground laws. On Hannity he said he had no knowledge of the SYG law until after the shooting. He actually has a class on it.

GreenStormCloud

(12,072 posts)
136. No knowledge of SYG? Bullshit!!
Tue Jul 2, 2013, 05:23 PM
Jul 2013

Z had a FL CCW. He had to take the classes to get it. Those classes, even though they are only one day, cover self-defense law which includes SYG.

riverwalker

(8,694 posts)
113. this is what they are arguing
Tue Jul 2, 2013, 03:40 PM
Jul 2013

they want to enter a Professor who says Zimmerman had a class on SYG (and so he lied on Hannity interview)

Hannity said: "A lot of this case legally -- and we are going to get to Mark [O'Mara] in a few minutes here and ask him about a lot of legal aspects, because there are so many of them in this case -- has to do with Stand Your Ground. You have heard a lot about it. And I was just curious, prior to this night, this incident, had you even heard of Stand Your Ground?"
"No, sir," Zimmerman responded.

"You have never heard about it before?" Hannity asked, to which Zimmerman responded simply, "No."

Tommy_Carcetti

(43,191 posts)
114. The defense is objecting to the next witness because it will show Zimmerman lied....
Tue Jul 2, 2013, 03:41 PM
Jul 2013

....on the Hannity show by claiming he never knew about SYG until after the shooting.

The next witness is Zimmerman's criminal justice professor who looks to testify that he did.

riverwalker

(8,694 posts)
116. Prosecution: He had the text book
Tue Jul 2, 2013, 03:45 PM
Jul 2013

Recess to study case law.
Application for police force 2009, application 2010 to do ride alongs, also will be considered. Recess for 30 minutes

avebury

(10,952 posts)
121. The evidence should be allowed to be
Tue Jul 2, 2013, 03:51 PM
Jul 2013

entered into evidence because it impeaches Zimmerman's numerous interviews where he is trying to play stupid.

anneboleyn

(5,611 posts)
117. Fox commentator: "Can of Arizona ice tea = deadly weapon."
Tue Jul 2, 2013, 03:46 PM
Jul 2013

So therefore it was okay for Zimmerman to respond in the way he did. (sarcasm alert) Because you know that cans of ice tea are very dangerous murder weapons...sorry, no link, this was just said during their live coverage.

Argh. A can of ice tea and a bag of skittles equal murder weapons. It was okay that Zimmerman, armed with a loaded gun, chased Martin down and all that-- but Martin should not have bought that dangerous stuff at the 7-Eleven.

Tommy_Carcetti

(43,191 posts)
123. Fox News, go home, you're drunk.
Tue Jul 2, 2013, 03:54 PM
Jul 2013

Okay, he bought a can of iced tea to use as a weapon that he never actually used as a weapon.





Never mind. It's Fox.

Deny and Shred

(1,061 posts)
118. Here's some conjecture
Tue Jul 2, 2013, 03:46 PM
Jul 2013

I believe that GZ left his car to find TM. On his call, 8 seconds go by from when he closes his car door at 2:17 to the operator telling him, "We don't need you to do that." A further minute and a half of phone call go by, during which he is going anywhere but back to his truck.

When he and the operator eventually agree that he should meet the actual police at his truck, he then asks to be called instead.

My conclusion is he lost Trayvon, and was combing the area looking for him, looking in hiding spots.

The conjecture: he found Trayvon, and told him something like don't move, the police are on he way. Trayvon tried to run away and Zimmerman tried to detain him. They have an altercation, and Trayvon wins it. He is on top, and GZ pulls the gun. The pure conjecture on my part is Trayvon recognizes the gun and does his best to control the gun hand. What if he was trying to wrestle the gun out of his hands for a while, and screaming for help the whole time. Winning the 'fight' but scared as hell that he's fighting an unknown adult stalker with a gun who will shoot him?

They squirm around for a while, during which GZ's head is dragged across the pavement while Trayvon's weight is on him, Trayvon hits him a few times in the process, but George eventually controls, and uses, the firearm.

Crazy?



Tommy_Carcetti

(43,191 posts)
120. Not at all crazy.
Tue Jul 2, 2013, 03:49 PM
Jul 2013

My theory is pretty much similar to that.

True it's just conjecture, but it makes a hell of a lot more sense than Zimmerman's "ambush" story.

riverwalker

(8,694 posts)
124. walking suspiciously
Tue Jul 2, 2013, 03:54 PM
Jul 2013

I still don't know what "walking suspiciously" means, or from 50 feet away "looking like he's on drugs or something" is supposed to look like. "Walking in the rain" is suspicious, since when? I walk in the rain lots of times, I don't care if I get wet. "He doesn't look like he is an athlete training in the rain" Really? From 50 feet away, what makes him not a jogger just resting for a while? He had a slim athletic build. We will never know because Z won't take the stand, .

riverwalker

(8,694 posts)
130. "he was looking at houses"
Tue Jul 2, 2013, 04:06 PM
Jul 2013

What the heck? How did Z know where Trayvons eyes were looking? Prosecution should make a montage of all these crazy reasons Z found Trayvon suspicious. Just to drive it home for the jury.

 

WinkyDink

(51,311 posts)
126. If there are class attendance records, or even proof that Z was there on Day 1 when the syllabus was
Tue Jul 2, 2013, 03:56 PM
Jul 2013

handed out, he's trapped.

Tommy_Carcetti

(43,191 posts)
133. Kristen Benson, finger print expert.
Tue Jul 2, 2013, 04:31 PM
Jul 2013

Another possible hole in Zimmerman's stories about Trayvon reaching for the gun?

 

Mr. David

(535 posts)
134. Slightly off-topic, but I seem to recall seeing a live captioned stream version of the trial...
Tue Jul 2, 2013, 04:35 PM
Jul 2013

Although I had to admit it was a badly attempted effort...

so I'm trying to find the same link so I can show a friend of mine how little they care about the new captioning laws for the Internet.

Even Youtube's "automated captions" continues to be a running joke among the deaf.


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