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The Backwards Trial: After Two Bizarre Weeks, Zimmerman Prosecution Rests

The astounding details of how a prosecution appeared to establish reasonable doubt.

by
Mike McDaniel

Bio

July 8, 2013 - 9:54 am
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Bao testified that he originally thought that Martin might have been alive for one to three minutes after being shot, and would have been entirely unable to move. Now, he thought the time frame to be from one to ten minutes, and wasn’t sure if Martin could have moved or not.

Bao’s earlier conclusion was that the amount of THC (marijuana) in Martin’s blood would have had no physical or mental effects. His new conclusion was that there might have been mental effects, but he phrased it oddly.

Another amazing admission was that Bao had done independent research on these issues and written his own set of notes — notes not in any official records — which he brought to court and began to testify from, an extraordinary and dumbfounding thing by itself. West, of course, asked to see them, and Bao was very reluctant to allow that, or to allow the court, at Nelson’s order, to copy and disseminate them to the prosecution and defense.

Nelson bizarrely ruled that after they were used in court, the copies would be destroyed.

It’s hard to imagine what she was thinking. Any such notes brought into court and used in testimony are automatically fair game and must be provided to both sides. In addition, they must be entered into the trial record, particularly in case of appeal. She did eventually relent and they were entered into evidence.

At the conclusion of Bao’s destructive testimony, the prosecution rested its case, leading to a motion by the defense, as expected, for a directed verdict. Also as expected, the defense argued the law, the evidence, and precedents. The prosecution, in a loud and hysterically emotional manner, argued “The Narrative.”

The prosecution engaged in misrepresentation of evidence and outright falsehoods. Prosecutor Rich Mantei claimed that four separate witnesses testified that Zimmerman pursued Martin. In fact, only one witness — Selene Bahadoor — testified that she saw light or shadows moving from “left to right,” and her testimony appeared for the first time in court. Mantei also repeated, at every possible opportunity, that Martin was shot in the heart, and every possible variation of that. He implied that Zimmerman took careful aim, intending to shoot Martin directly in the heart (there is no evidence of that whatsoever).

The prosecution’s case ended with nothing but conjecture and supposition to disprove Zimmerman’s self-defense claim. As to Zimmerman’s depraved mind, Mantei had nothing more to suggest than the idea that merely shooting someone is prima facie evidence of ill will, hatred, and a depraved mind. This is an outrageous misstatement of the law. If this were true, there could be no such thing as self-defense, for any shooting regardless of the circumstances must be murder. And this was offered up as proof of the elements of the crime.

The prosecution rested and Judge Nelson demanded the defense begin their case immediately. The first defense witness, Gladys Zimmerman — George Zimmerman’s mother — identified the screaming voice as belonging to George.

The most compelling witness was Jorge Meza, George Zimmerman’s uncle. He retired from the Army as a command sergeant major, a rank few ever reach, and became a deputy sheriff — a job he still holds — to continue to serve. His commanding presence hasn’t diminished in the least. An extraordinary aspect of Meza’s testimony is how he first heard the Lauer 911 recording. He was aware of Zimmerman’s involvement in a shooting, but knew little else, and was determined to stay completely out of it. One night he was working at his computer, his TV behind him. His wife was watching the news, and the Lauer recording was played. Upon hearing the screams for help, Meza immediately said “that’s George,” and asked his wife what was on TV. He learned that it was the Lauer recording. “I felt the screams in my heart,” he said. The jury doubtless took this to heart as well.

With that, the trial ended for the week. Even the New York Times admitted that the prosecution’s witnesses aided the defense.

Two weeks of prosecution witnesses ended without the prosecution proving, beyond a reasonable doubt, the three elements of the offense. As they previously offered no probable cause to prove those elements in the affidavit for the charge, this is hardly surprising. In the many months between Zimmerman’s arrest and trial, the prosecution could find no new evidence to demonstrate that the decision of the Sanford police and the local prosecutor to file no charge was wrong. The prosecution was also unable to prove beyond any doubt that Zimmerman’s self-defense account was unsupportable. In fact, most of their witnesses supported it, either fully or in part.

For readers unfamiliar with the workings of the law and the criminal justice system, it’s difficult to explain how utterly amazing and bizarre this is.

As I’ve previously written, it’s as though the entire system suddenly flipped backwards. For a prosecutor to complete his case and to be unable to disprove self-defense, offering nothing but theories unsupported by any credible evidence, and for a prosecutor to be unable to offer evidence to fulfill the elements of the offense is simply astonishing.

It demonstrates yet again: this case should never have been filed.

As bad as the prosecution’s case has been, it can only get worse for them in the next few weeks as the defense goes on offense.

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Mike McDaniel is a former police officer, detective, and SWAT operator, and is now a high school English teacher. He blogs here.

Comments are closed.

Top Rated Comments   
The bottom line here is that the Sanford Police Department's decision not to charge George Z was the correct call. If this had not been a rare white-on-black shooting (most black victims are shot by black criminals) that could bring the race profiteers and the clueless national media to town, the supportable claim of self-defense would have prevailed. The police did a thorough job and felt George was telling the truth (as Investigator Chris Serino testified), which is the most likely probability. The fact that Mr. Z had had to undergo 14 months of vilification and then be called on to essentially prove his innocence is the real tragedy of this case.
40 weeks ago
40 weeks ago Link To Comment
Zimmerman is a victim of black racists and their demonic hatred; they have been joined by white yuppies who also hate the white race because they hate themselves so thoroughly. White people in America had better become aware of the oncoming pogrom dictated by and instituted by the merican gubmint.
40 weeks ago
40 weeks ago Link To Comment
Can a judge like Nelson be so dishonest as to provide means for the prosecution to have the means to declare a slam-dunk mistrial, knowing how fouled up this has been from the beginning? Certainly if there was a second trial the prosecution would do the entire thing differently.

I have a bad feeling for Zimmerman. One can't help but get the feeling this incredible injustice will end the way it started, in the racist mind of Crump. One thing's for sure: if Zimmerman walks you can be assured the whining and confirmation bias will be loud and sustained. These really evil people on the Left, despite seeing the truth of the matter, haven't changed their minds one wit. How could they, since all was "known" as soon a Martin died.
40 weeks ago
40 weeks ago Link To Comment
All Comments   (16)
All Comments   (16)
Sort: Newest Oldest Top Rated
my classmate's mother-in-law makes $75 every hour on the internet. She has been fired from work for 9 months but last month her income was $12112 just working on the internet for a few hours. Go to this web site and read more... www.Can99.com
40 weeks ago
40 weeks ago Link To Comment
I wonder how many of you have heard of the lynching of Leo Frank?
40 weeks ago
40 weeks ago Link To Comment
Hey, what can you say, they thought they'd found the perfect White (Hispanic) to sacrifice on the hungry fire of Political Correctness. Oh well, they will try, try again. Liberals are programmed to learn nothing.
40 weeks ago
40 weeks ago Link To Comment
So, would this whole brouhaha had gotten started if Mr. Zimmerman had been named something like 'Carlos Lopez', not something which on first hearing might bring to mind somebody who might look like a model for an old Nazi propaganda poster crossed with a good old English boy?
40 weeks ago
40 weeks ago Link To Comment
Funny thing. Listening to a very conservative LA talk radio station, the normally measured hosts devoting a segment to this trial were over the top positive that Zimmerman was a guilty, "a racist vigilante with delusions of frontier justice driving him to reckless manslaughter of an innocent young black man" - who was just minding his own business. They even hung up on a caller - calling him a not job - who tried very calmly and articulately to present some (otherwise) well known evidence to the contrary.

I am stunned at how powerful the MSM can be when they establish a narrative and promote it relentlessly. And I lost a ton of respect for these radio hosts - probably shouldn't have had any to begin with.
40 weeks ago
40 weeks ago Link To Comment
If you are thinking of the pair that I'm thinking of, I don't know why you consider them conservative. They are just professional cranks.
40 weeks ago
40 weeks ago Link To Comment
"Judge Nelson, considered by many observers to be prosecution-biased, became increasingly testy as the day wore on."

I've watched her quite a bit....an utterly biased obsessed incompetent...clearly in the prosecutions camp,a total moronic POS that shouldn't even be in traffic court, let alone in a trial like this.
40 weeks ago
40 weeks ago Link To Comment
I had mixed feelings about whether Zimmerman had gone too far before this trial started. I used to think he might, with some reservation, be guilty. Now I am convinced he is innocent, regardless of final verdict.

I think the prosecution got pushed into a political trial that they didn't have enough credible evidence nor desire to prosecute. They were pushed into trying a case when they, regardless of the defendant's guilt or innocence, did not have enough evidence to make their case. Too much media attention makes for bad justice.
40 weeks ago
40 weeks ago Link To Comment
None of this matters. A jury that has been made to fear for their lives and the lives of their loved ones could still return a guilty verdict. And that is what I worry about.
40 weeks ago
40 weeks ago Link To Comment
And if that moron Scott doesn't have the NG standing by to rout the lawless feral beasts...he doesn't deserve the Governors chair again. It was bad enough that the cute little bubble head blonde AG, Pam Bondi didn't have the guts to arrest the NBPP for putting out a death warrant..clearly in violation of the law.
40 weeks ago
40 weeks ago Link To Comment
The bottom line here is that the Sanford Police Department's decision not to charge George Z was the correct call. If this had not been a rare white-on-black shooting (most black victims are shot by black criminals) that could bring the race profiteers and the clueless national media to town, the supportable claim of self-defense would have prevailed. The police did a thorough job and felt George was telling the truth (as Investigator Chris Serino testified), which is the most likely probability. The fact that Mr. Z had had to undergo 14 months of vilification and then be called on to essentially prove his innocence is the real tragedy of this case.
40 weeks ago
40 weeks ago Link To Comment
"the supportable claim of self-defense would have prevailed"

Supportable? As this trial has shown, it's not just supportable, it's a slam dunk.

But that's only the truth, and truth doesn't seem to matter to this court.
40 weeks ago
40 weeks ago Link To Comment
Zimmerman is a victim of black racists and their demonic hatred; they have been joined by white yuppies who also hate the white race because they hate themselves so thoroughly. White people in America had better become aware of the oncoming pogrom dictated by and instituted by the merican gubmint.
40 weeks ago
40 weeks ago Link To Comment
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