STATE OF FLORIDA V. ZIMMERMAN 7/1/2103
- Details
- Category: Justice
- Published: Tuesday, 02 July 2013 04:41
Posted on July 2, 2013
Prosecutors in the 2nd degree murder trial of George Zimmerman on Monday continued to present evidence for the second week with the State of Florida calling witnesses Hirotaka Nakasone an FBI medical examiner, Sanford Police officer Doris Singleton, and lead Sanford Police investigator Chris Serino to the witness stand testifying for the state. But it was the voice of the accused, George Zimmerman that actually took center stage for much of Monday.
Although George Zimmerman does not have to testify and the defense does not have to present any evidence, the evidence presented by the State of Florida to the jury of five women and one man Monday may end up being the turning point in this trial to the benefit of the Zimmerman defense.
Prosecutors for the State of Florida introduced into evidence four statements Zimmerman gave to police including a video-recorded walk-through of the Retreat at Town Lakes in Sanford Florida where Zimmerman then lived, on February 27, 2102 the day after he shot and killed Trayvon Martin.
In the evidence presented by the State of Florida in its case in chief with Sanford Police Officer Singleton’s testimony, jurors heard Zimmerman’s first police interview. Jurors heard him on that interview say that there had been recent crimes in that neighborhood and as a result heard Zimmerman repeatedly say that he found Martin suspicious because Martin was standing in the yard of a neighbor “and it was raining” and that Martin was walking “leisurely” despite the rain on that dark night of Feb. 26, 2012. The jury also heard Zimmerman say that the area where Martin was standing had been previously burglarized and therefore Zimmerman’s suspicion of Martin was heightened.
On direct examination by Prosecutor Bernie De La Rionda with Sanford Police investigator Chris Serino on the stand as another witness for the State, jurors heard Zimmerman say “Who yelled for help? I did” when asked by Officer Serino on the tape recording.
Then the jury heard Zimmerman on tape say the following exchange happened: Martin asked “you got a problem, homey?” And Zimmerman said he replied “no, I don’t have a problem” and Martin said “you do now.” Zimmerman then said that Martin attacked him.
Jurors also heard Zimmerman say on tape that before he shot Martin, while they were fighting, Martin said “you are going to die tonight, m—– f—–” before he shot Martin. Zimmerman said on the tape that after he shot Martin that Martin said “You got me” and said then Martin lifted his hands and then fell.
But the evidence also varied as to what Zimmerman was heard to say on the evidence played in court. Although on a prior occasion Zimmerman told police he was not following Martin, Monday the jury heard on the evidence presented that Zimmerman got out of his vehicle because he was trying to find a street sign to pass along better location information to the non-emergency operator.
And the jury heard Zimmerman say during an interview conducted by Officer Chris Serino something different again in that Zimmerman “wasn’t following, I was going in the same direction.”
But in an interview three days later, Zimmerman said something different and was challenged: “I wasn’t following. I was just going in the same direction.” “That’s following, man,” said Serino of the Sanford Police Department.
Serino will return to the witness stand when the trial resumes at 9 a.m. Tuesday.
ANALYSIS
Because of the evidence admitted Monday in the continuation of the State of Florida’s case in chief, the defense may not have to put Zimmerman himself on the stand. Most of the evidence heard from those video tapes seemed to allow for Zimmerman to explain to the jury, without him taking the stand and being subject to cross-examination, just what happened that n dark rainy night on February 26, 2012 in Sanford Florida. The evidence played before the jury arguably hurt the State of Florida’s case and quite possibly allowed for the jury to be sympathetic with the defendant despite the death of Martin. For instance the jury heard State’s witness Officer Doris Singleton say that Zimmerman seemed surprised when she told him Martin was dead during an interview at the Sanford police station.
“He’s dead?” Singleton testified she remembered Zimmerman saying before he lowered his head.
“I said, ‘I thought you knew that. I thought you knew he was dead,” Singleton testified. “And he just kind of slung his head, just shook it.” When asked on cross examination by Zimmerman defense counsel Mark O’Mara as to whether or not Zimmerman showed any anger or ill will in talking about Martin, the officer said, “No.”
So far throughout this trial, one could argue that the defense has continued to use the State of Florida’s witnesses to the advantage of the defense. After Monday, the State now may have to begin to think about what it takes to be “masters of characterization” when beginning to put together an effective closing argument for the jury. In other words, one may argue that the State may want to ask the jury if the actions of George Zimmerman once he exited the car were the actions of a “reasonably prudent and responsible law-abiding citizen concealed weapons holder?”
- See more at: http://www.constitutionally-speaking.com/2013/07/02/state-of-florida-v-zimmerman-712103/#sthash.zr7shMmk.dpuf