Statement in Response to Zimmerman’s Motion For Stand Your Ground Hearing

FROM TRAYVON’S PARENTS AND THEIR DEFENSE TEAM:

Let it be clear on the record, that we feel confident that the unjustified killing of Trayvon Benjamin Martin should and will be decided by a jury.   Many of the legal architects of the Stand Your Ground law have already opined that it does not apply in this case.  A grown man cannot profile and pursue an unarmed child, shoot him in the heart, and then claim stand your ground.  We believe that the killer’s motion will be denied during the Stand Your Ground Hearing, and as justice requires a jury will ultimately decide the fate of a man that killed an innocent child. 

There is only one version of this story that represents that Zimmerman was attacked by Trayvon Martin, and that’s Zimmerman’s self-serving version.  Everyone will agree that the killer’s credibility is clearly questionable.

Trayvon’s parents do not feel that this is a man that feared for his life the night he shot and killed their child, this is a man whose only fear is spending his life in prison.

Statement Regarding Attorney General's Compensation Fund From Family of Trayvon Martin and Their Attorneys

On February 26, 2012, Trayvon Martin was shot and killed by George Zimmerman. George Zimmerman immediately claimed that he killed Trayvon Martin in self-defense.  The Sanford Police Department and the Seminole County State Attorney’s Office did not arrest George Zimmerman for this homicide.  George Zimmerman was viewed by law enforcement and the public in general as the victim while Trayvon Martin, a 17 year old teen walking home from the store armed with nothing more than Arizona Ice Tea and Skittles, was portrayed as a criminal who assaulted George Zimmerman thereby causing his own death. 

On March 29, 2012, in an effort to get the State of Florida to recognize her son as the true victim of this homicidal crime,  Sybrina Fulton, with the help of a concerned friend, filled out initial paperwork applying to the Florida Attorney General for victim’s compensation. At that time George Zimmerman still had not been arrested for this crime.  The Attorney General’s Compensation Fund provides money and support for victims of crimes committed in Florida. Ms. Fulton felt it was important for the State of Florida to recognize her son as the victim in this case in order for justice to be served and for George Zimmerman to be arrested.

In April, George Zimmerman was arrested and Trayvon Martin was officially recognized by the state of Florida as the victim of a crime committed by George Zimmerman.  Since that time, Sybrina Fulton, with her ex-husband, Tracy Martin, has concentrated her efforts on the Trayvon Martin Foundation and raising awareness on the need to stop senseless gun violence.  Sybrina Fulton has not yet completed the very time-consuming paperwork required by the state

As the attorneys for the Estate of Trayvon Martin, we have encouraged Ms. Fulton and Mr. Martin to complete the application for the funds.  These funds are collected from perpetrators of crimes as reparations to victims.  If eligible for the funds, the family of Trayvon Martin intends to donate the money to the Trayvon Martin Foundation in hopes of preventing other parents from suffering the pain they have had to feel due to senseless gun violence.

Will it be that Appealing?

On August 1, Judge Kenneth R. Lester, Jr. of the 18th Circuit Court issued his ORDER DISMISSING DEFENDANT’S VERIFIED MOTION TO DISQUALIFY TRIAL JUDGE, citing the defense motion requesting his recusal as legally insufficient. That was no surprise to me, but it was to George Zimmerman. His attorney, Mark O’Mara, quickly told WKMG’s Tony Pipitone that, “We presented the motion. I think the motion was sufficient on its face. He made his decision. We’re going to review it and make a determination about whether or not to appeal it or accept it.”

I’m not surprised by O’Mara’s reaction, either, but what does it entail now? I mean, where can Zimmerman’s defense go from here? They can appeal it. Or should I say may? They may certainly appeal but it’s not all that simple, as O’Mara made clear in his second statement to Pipitone about what could happen next. The case, he said, “stays in limbo, unfortunately, for a while. We will be seeking a stay of all other matters pending until the appellate court decides, if we decide to appeal.”

The key word in the final sentence is seeking, as in “seeking a stay.” What that means is that it’s not attached to an appeal. It’s a separate request. While the appeal goes to the Florida Fifth District Court of Appeal, a stay on all other matters, quite literally, stays with the circuit court.

Here’s the first thing I thought of after learning of the judge’s decision and O’Mara’s reaction. What happens to Zimmerman’s GPS ankle monitor? What about the court order restricting him to Seminole County? I know he’s been complaining about it, and that his defense is prepared to file a motion to lift the restriction. If he files an appeal, doesn’t it put everything on hold? Well, no, but that doesn’t mean he and his team don’t have a lot of other complex things to think about.

There’s the issue of money, for instance. Filing appeals isn’t free. Just consider the time it takes to file paperwork at $400 per hour, not to mention other continuing work on the case. The appeal itself will take a long time to be heard. Where is Zimmerman’s money going to come from after his parents’ Website stops pumping oil? It will not last forever. The whole mess becomes a perplexing quandary. Does he bite the bullet and stick with Judge Lester, or does he go for the appeal with money he doesn’t really have?

WILL ZIMMERMAN DOUBLE DOWN?

The idiomatic verb form of double down means to double or significantly increase a risk, investment, or other commitment. Is Zimmerman willing to risk everything, which includes an impending money problem, in order to have a judge removed from his case? While waiting an indefinite amount of time for any other relief? Remember, filing an appeal does not mean an automatic win. The appellate court might just turn him down. Where would he go from there?

In the meantime, the defense still has the option to file an indigency motion if the well runs dry, but that means getting the JAC involved and O’Mara can kiss his $400 per hour good bye. You see, while the motion to appeal is at the appellate level, the show must go on, and Judge Lester would proceed as usual. So, while things seem like they are beyond reach for the defense, they really aren’t, but there are a number of catches. There’s the part about seeking a stay. Plus, by allowing this judge to decide motions, doesn’t it just confound the whole thing? Why let the same judge rule on anything if you want him off the bench? Right now! If O’Mara files an appeal, he’s pushed himself into a corner where he’s pretty much forced to file a stay. That’s a given, right? So what’s he supposed to do?

THE GOOD OLD INTERLOCUTORY ORDER

The Free Dictionary defines an interlocutory order as:

“Provisional; interim; temporary; not final; that which intervenes between the beginning and the end of a lawsuit or proceeding to either decide a particular point or matter that is not the final issue of the entire controversy or prevent irreparable harm during the pendency of the lawsuit.”

This could include the issue over the judge, but I doubt it, because, even though these types of actions are taken prior to trial, which fits in this case, and must be answered by an appellate court; there is a reluctance to make interlocutory orders unless the circumstances surrounding a case are serious enough to warrant such action. And they are restricted by courts because they don’t want to be tied up by piecemeal litigation. The clincher is that the lower court usually enters a final judgement, meaning a verdict, before it’s appealed.

If not that, then what?

THE WRIT OF PROHIBITION

According to The Florida Bar Journal, “A writ of prohibition enables an appellate court to prevent a lower tribunal from further exercising jurisdiction in an action. Generally, it cannot be used to remedy an act that has already happened.” Whew! Relief, right? It’s not quite that easy.

While a petition for writ of prohibition “is generally used to challenge the denial of a motion to disqualify the judge of the lower tribunal,” it is also “the appropriate method for forcing a lower tribunal, including an administrative agency, to dismiss a matter for lack of jurisdiction.”

In his order, Judge Lester did leave open the option of argument at the appellate level to establish whether the motion to recuse him was the first or second motion to dismiss the trial judge, but I wouldn’t bet the farm that the higher court would rule Zimmerman’s way. As a matter of fact, that’s not even close to being the crux of the perplexing quandary he’s in. It’s…

FLORIDA SUPREME COURT RULE 9.310.

Let’s just say that, pursuant to Florida Rule of Appellate Procedure 9.310:

RULE 9.310. STAY PENDING REVIEW

(a) Application. Except as provided by general law and in subdivision (b) of this rule, a party seeking to stay a final or non-final order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief. A stay pending review may be conditioned on the posting of a good and sufficient bond, other conditions, or both.

(b) deals with exceptions, such as money judgments and public officials. (c) pertains to bonds, (d) with sureties, and (e) with duration, and none of them apply. But if you move on to (f), and combine it with (a), we hit pay dirt.

(f) Review. Review of orders entered by lower tribunals under this rule shall be by the court on motion.

What’s that mean? It’s quite simple, actually. Remember O’Mara’s words to Pipitone, “seeking a stay of all other matters…”?

That’s right! In order for the defense to seek that stay, they must go through the same court, “which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief.” “Review of orders entered by lower tribunals under this rule shall be by the court on motion” actually seals the deal. A stay motion would be filed in Lester’s court and he would have to move to agree to it. Would he? Oh, probably, but in the meantime, like I said, the show must go on. While filing an appeal, the defense can soldier on with their motions and the judge can continue to write orders. Unless. of course, the judge rules on a stay. In which case, poor, poor George will stay in Seminole County for months and months to come, gnawing at the bracelet that will stay on his ankle.

Yes, there’s been lots to ponder since Friday. I wonder what George thinks God’s plan is.

The "Gratest" Show on Earth

I’m in the middle of researching the obvious — whether or not it’s feasible for the Zimmerman camp to file a motion to appeal Judge Lester’s order yesterday, to not recuse himself. I will look deeply into the logistics of such a move, but in the meantime, I want to give my old (and original) blog a shameless plug. Please take a peek. Meanwhile, isn’t this case starting to grate on your nerves?

FROM THE GALLERY…

Who would ever do such a thing?

Lester: No Judge to Rush

I could be wrong, but I do think it’s rather revealing that Judge Lester has taken his good old-time deciding whether or not he’ll step down from the bench. Granted, he’s been on vacation, but Zimmerman’s recusal motion was filed on July 13, well over two weeks ago, and as far as I’m concerned, the accused hasn’t had enough time to get nervous yet. He still thinks he’s the boss. Now, if I were in charge, I’d make him wait the full 30 days that’s allowed under the law before rendering a decision. Really rattle him. Then, I’d drop the bomb — that the judge has decided to remain on the case.

I’m not saying this because I expect Lester to be personally biased against the defendant. No, that’s hardly the reason. I just don’t think it’s right that George should get his way this time, like he’s been used to most of his life. Throw a tantrum. After all, he’s the one who lied to the court by ordering his wife to hide the truth. That means that he’s responsible for his wife facing a perjury charge. Now, he blames the court for it.

Even his attorney, Mark O’Mara, said his client lost his credibility. Soon after Zimmerman’s bond was revoked, he told Charlie Rose on CBS This Morning, “Judge Lester gave us all a very strong signal that he and he alone will run the courtroom and that everyone is going to tell the truth. So I’m certain that not only the Zimmerman family but all other witnesses that come before Judge Lester had better tell the truth and nothing but the truth if they’re going to be treated fairly.”

He readily accepted the judge’s fairness. Treat me right, I’ll treat you right.

According to a USA Today report, O’Mara said, “He [Zimmerman] should have jumped up and said she is lying. He should have done something, and he didn’t.”

I could go on and on with remarks made by Zimmerman’s own defense, but the fact remains, he lied and that’s all there is to it. O’Mara acknowledged that it would take a lot of work to regain the judge’s trust, and he admitted it was a huge mistake. He expected the judge to have a strong opinion. Rightfully so! This is nothing new, and it leads me to believe that, had the more prudent O’Mara prevailed, he would have worked out the messy kinks because he knows how much the judge and most in the legal field admire his honesty and professionalism. I believe the motion to recuse was Zimmerman’s idea, and his alone; just like taking command of his Website again. Not to mention his parents’.

Here’s the deal, in my opinion. Judge Kenneth Lester will “Stand His Ground” and remain seated. Why? Because Florida and federal law is on his side, and I don’t think he will relinquish anything to a punk, whether it’s “appealing” or not. He doesn’t strike me as a quitter.

According to The Law of Judicial Disqualification or Recusal, Florida Rules of Disqualification: Rule 2.330. Disqualification of Trial Judges, Zimmerman’s defense cites:

(d) Grounds. — A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge; or

(2) that the judge before whom the case is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in the cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to the cause.

I can clearly understand the first motion to recuse against Judge Reckseidler based on (d)(2), but will the motion against Lester stand on the merits of (d)(1)? On his motion against Lester, Zimmerman added:

(f) Determination — Successive Motions. — The judge against whom an initial motion to disqualify under subdivision (d)(1) is directed shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion.

This means if the judge denies the defense request, no explanation is to be given. A simple “NO” will suffice. End of story. Time to move on.

As I wrote in my first article, Why Judge Lester Will Refuse to Recuse, a defendant cannot simply lie to a judge and get away with it. If a judge cannot respond without showing any kind of opinion regarding said lie, what’s the court to do? Evidence proved Zimmerman lied and the judge responded with disdain. Lying in court is against the law, and if all a person has to do is lie to the judge to get him/her recused for voicing concern, it would be anarchy in the courtroom. This would mean that every time a judge cries, “May God have mercy on your soul” after a death sentence is pronounced, the defendant should get the case thrown out of court. Not guilty on a technicality. The judge voiced his opinion on the verdict and a personal belief in religion. Separation of church and state!

Now, we come to a matter of law. Let’s quickly examine Section 455 of Title 28 of the United States Code, Disqualification of Justice, Judge, or Magistrate Judge. The most important part of this section is that in order to warrant a recusal, the judge’s expressions of opinion about the merits of the case must have originated outside the case.

Held: Required recusal under §455(a) is subject to the limitation that has come to be known as the “extrajudicial source” doctrine [or factor]. Pp. 3-16.

The general rule is that a judge should be disqualified “where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding…” This pertains to a prior opinion, and that would mean Judge Lester would have to have had an interest in the case before it was assigned to him. Surely he heard about it in the news? That’s not relevant. (See: Liteky v. United States (92-6921), 510 U.S. 540 (1994).) Under Liteky, the judge is expected to form opinions based on what is presented during the proceedings, not before. Remember that a judge formulates an order based on case law, and each side presents its own case law examples. Such is the situation regarding this recusal motion and the state’s very own response.

If we go back to the Casey Anthony v. State of Florida case, we saw multitudes of examples where Judge Perry admonished Jose Baez. If ever there was a situation that appeared to be biased and prejudiced, that was the one. Had Ms. Anthony been convicted, would it have been overturned on appeal based on the less than cordial interaction between Perry and Baez? I seriously doubt it, and do you want to know why? Because, in the end, the defendant was found not guilty of murder. The End. If the judge showed any bias or prejudice toward the defendant or any of her attorneys, the jury failed to notice. Why? Because the system worked and it will work again.

Judge Lester is tenacious. He has no reason to relinquish the bench. He saw right through George Zimmerman from Day 1 and he will see him right through to the end. That’s my judgement. That’s my opinion.

All About You

Plurality: the Concept of Quantity

Lately, I’ve been listening to the beats of distant drums. The boom-ba-boom-ba-boom I’m hearing questions whether the state has a case against Shellie Zimmerman. Was the felony perjury charge against her too far reaching that it really holds little to no merit? Or was the state correct in issuing the arrest warrant?

Some of what I’ve been reading comes down to a relatively simple, yet complex, statement similar to the one that former President Clinton once uttered. “It depends on what the meaning of the words ‘is’ is.” I think we’re familiar with that one — not that this has anything to do directly with what I’m writing about, but keep in mind that the 42nd president was also an attorney and we are talking about law. Besides, Clinton’s statement segues easily and smoothly into linguistics, which is the study of language. This post will come down to the meaning of you. Not you personally, mind you, but the meaning of the word itself. You.

In college, I was fascinated with the English language. One of my first English course books was Language in Thought and Action by the late S.I. (Samuel Ichiye) Hayakawa, once a premier linguist, psychologist, semanticist, teacher and writer. Back then, he taught me a lot about word usage. There’s a good and bad way to say things, and depending on how you use words, the outcome could be disastrous. An example of this would be in how you might order something in a restaurant. Would you ask for a chopped up dead cow sandwich when all you really want is a hamburger?

Another one of my favorite writers was (also the late) William Safire; well versed in lexicology, syntax, pragmatics and etymology, he was once the premier etymologist in the country, and for many, many years, I tried my best to read his column, On Language, every week in the Sunday New York Times Magazine. Between those two men and my (very much alive at 93) uncle, David A. Kyle, they are who inspired me to write. Not that I learned anything. Anyway, back to the matter at hand…

I’m going to ask you a simple question and I want no answer. I just want you to remember it for now and wait until I tidy it up at the end. By then, you should understand. Suppose you are at the mall without your significant other. You run into a friend with or without their spouse. You chat briefly and then are asked, “Would you like to join us for a double-date Friday night?” Keep that in mind.

§

We know what perjury is and we know Shellie Zimmerman was charged with it soon after an official courtroom proceeding. We also know why she was charged.

“… whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree…” (F.S. 837.02 - Perjury in official proceedings)

Do we agree that, in a legal sense, the charge will stand? Can we really make any call like that until after the dust settles, when a verdict is read? One of the most important things we need to keep in mind is that, in a courtroom, the battle between opposing sides comes down to the interpretations of laws and many of the statements made by people directly involved in the case and, most importantly, the defendant. That includes words and actions.

During Ms. Zimmerman’s telephonic testimony regarding finances at her husband’s bond hearing on April 20th, she was first questioned by his defense attorney, Mark O’Mara. Here is part of the exchange between them:

Q. Other major assets that you have which you can liquidate reasonably to assist in coming up with money for a bond?
A. None that I know of.
Q. I have discussed with you the pending motion to have your husband George declared indigent for cost, have I not?
A. Yes, you have.
Q. And is — are you of any financial means where you can assist in those costs?
A. Uhm, not — not that I’m aware of.
Q: I understand that you do have other family members present with you, and I’ll ask some more questions of them, but have you had discussions with them of at least trying to pull together some funds to accomplish a bond?
A: We have discussed that —
Q: Okay.
A:— trying to pull together the members of the family to scrape up anything that we possibly can.

Assistant State Attorney Bernie de la Rionda had an opportunity to cross examine her:

Q. And you mentioned also, in terms of the ability of your husband to make a bond amount, that you all had no money, is that correct?
A. To my knowledge, that is correct.
Q: Were you aware of the website that Mr. Zimmerman or somebody on his behalf created?
A: I’m aware of that website.
Q: How much money is in that website right now? How much money as a result of that website was —-
A: Currently, I do not know. 
Q: Do you have any estimate as to how much money has already been obtained or collected?
A: I do not.

I don’t know if you are getting my drift or not by now, but let me say that there could be a possible problem over that final exchange and the word you. You see, there’s a method to my madness and it comes down to how that simple word is conceptualized. In the English language, there is no plural for this particular second-person pronoun. Singular is the same as plural, so it is open to interpretation. It could go either way.

In the O’Mara exchange, “other major assets that you have…,” if you is taken as plural, it would include her husband, and it would change the entire meaning. De la Rionda was a bit clearer when he worded it, “‘you all’ had no money,” but the final exchange between them is the real quandary. “Do you have any estimate as to how much money has already been obtained or collected?” Is that singular or plural? You see, the secret jail house code conversations will show that she was aware of money, and lots of it, but did she have an estimate of the amount at the precise time she was questioned by the prosecutor? That could be a sticking point. She, by herself, denied knowing, but if de la Rionda’s usage was intended to be plural, then, legally, they both had an estimate; just like asking you out on a double-date. Singly, you as a word wouldn’t work for the state. As a couple, it would.

Personally, I think the state has the goods on her — enough to convict, but you never know these days, as we all understand from the last Orlando debacle. Oh well, what will be will be. It is what it is, you know, and I guess, in the end, it may come down to what the meaning of the word “you” is.

No Smoking Gun?

There wasn’t really any shockingly new or surprising material in Thursday’s document release from State Attorney Angela Corey’s office, but I did manage to squeeze out a bit of information. Ever since this news story broke, my main contention with George Zimmerman was that he got out of his vehicle with a loaded pistol to chase after a figment of his distorted imagination — a hoodlum; a bona fide bad guy. Prior to yesterday’s release, we knew nothing about Sanford’s three main gangs, all known as “goons” in one way or another. Could Zimmerman have uttered “f*cking goons” under his breath during his now famous call to a Seminole County police dispatcher that fateful night of February 26m 2012? It makes more sense than “cold” or “punks” doesn’t it? And it’s a matter of fact that the majority of those goons are made up of minority ethnicities; African-American and Hispanic. For me to say so does not make me a racist.

One thing is certain regarding race. Not one of the nearly 30 people interviewed considered Zimmerman to be one, either, and I, for one, never believed he was from the gitgo. If anything, look at the city of Sanford and Norm Wolfinger’s office for racial issues but, even there, I would dare say you will never find anything close enough to substantiate claims of bias. Odds are good that had it been a Hispanic wearing a hoodie that night, his fate would probably have been the same. Zimmerman was on a mission. Look to Bernie de la Rionda for guidance on this matter. He maintains that Zimmerman is guilty of criminal profiling. That’s a far cry from racial profiling. On this issue, I suggest we move on because there is nothing to substantiate any prejudice and all that will come out of it will be feuding and hard feelings among commenters. The real issue remains the same. Zimmerman profiled, stalked and murdered an innocent teenage boy. Regardless of what anyone feels Martin had done prior to that night, he did absolutely nothing to deserve what he got — a hollow-point bullet through his heart.

I’m going to start by taking this page-by-page. I will readily admit I didn’t get everything, so I will rely on you, dear reader, to fill in the gaps and offer up your ideas. There’s a lot to discuss.

§

On page 11 of the 284-page document, State Attorney’s Office Investigative Division Memorandum, an enlightening statement was made by a Sanford police officer:

“Officer Mead saw the flashlight ‘on’ at the intersection of the two walkways when he responded to the scene.”

Actually, the flashlight was found south of the intersection, as the maps will show, but the part that’s very revealing comes from what Zimmerman told investigators during his next day reenactment. He specifically said his flashlight was not working that night.

“… I had a flashlight with me. The flashlight was dead, though…” (Watch HERE; 8:11/15:04)

This is another example of Zimmerman’s imagination getting the best of him. Does he assume that changing the facts literally changes the facts to his advantage? Does he think people are so stupid he can pull the wool over their eyes, including trained law enforcement investigators? Yes, I’m afraid so. It also means, in my opinion, that he pounced on Martin, cop style, with gun and flashlight in hand, right in the young man’s eyes.

§

On page 34, during the night of February 26, while at the police station:

“The Evidence Technician came and collected clothing and photos of Zimmerman. The injuries to the back of the head of Zimmerman appeared to be abrasions and not lacerations.”

What this tells me is that Zimmerman was never close to his demise. If Martin popped him one, it was in self-defense and he he had it coming. It also tells me that those butterfly bandages on the back of his head, placed there by his wife, (shown the next day during the reenactment) were a farce and nothing more than a pity ploy to make him look more injured than he was.

§

On page 54 of the document, and part of the FDLE Investigative Report, Wendy Dorival put on a presentation at a Retreat at Twin Lakes HOA meeting at Zimmerman’s request. She is a civilian liaison with the Sanford Police Department. Held on September 22, 2011, she clearly instructed Zimmerman of the rules. A witness (name withheld) at the meeting said that:

“… it was told, you watch, you do not take any action on your own, you get away from the situation and you call the police.”

These are guidelines, not laws. Zimmerman was not supposed to be carrying a firearm, either, but he was licensed by the state of Florida to do so. The point of this is to show that he was aware of the rules, yet he chose to ignore them. Why?

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On page 60, one of the witnesses noticed that the loud noises were getting closer.

“They first thought it might be kids in the neighborhood or people having a good time outside. Hearing the noise a second time, he decided to mute the television. Not hearing anything at first, he heard the sound again as if it was coming toward him and getting louder.”

What this signifies is movement, which contradicts Zimmerman’s account of where the fight began and where Martin fell to his death, which were in close proximity. According to Zimmerman, there was no running; no real movement. The maps show that the fight did not take place where he said it did, and Martin’s body was found farther south.

§

On page 65, another witness describes what she heard and saw. To be fair, she did take her contact lenses out before being compelled to look out of a back bedroom window:

“Hearing what sounded like running, she glanced out of the bedroom window (rear facing) to see a person go by from left to right (in a south to north direction).”

What this tells me is that, if true, Martin and Zimmerman were farther south than Zimmerman explained in his reenactment, and that Martin was much closer to where he was staying; in the townhouse that was east and most south of the sidewalk where he fell.

§

Another witness, on page 71, states that he heard what sounded like an argument, right in the area of the T-section on the walk way. He then said:

“… he heard a scuffling sound that was moving down the walk way getting closer to the building next to his house.”

This means the chase headed north, but the ensuing battle moved Zimmerman and Martin toward the south, as one of them fought back. (See map)

§

On page 74-75 of the FDLE Investigative Report, Wendy Dorival said she never had any further contact with Zimmerman after their September HOA meeting until the following month, when he requested information on a recent burglary that happened in the area. However, at the meeting, she gave him a neighborhood watch coordinator’s handbook and explained all the duties and responsibilities. She also asked him for something else:

“Dorival said during the meeting with Zimmerman she asked him to make a list of all the neighbors who wanted to be involved in the crime watch program. Zimmerman was then to determine who would be willing to be block captains and get her the list… Dorival said Zimmerman never provided her with the list of names for the crime watch program.”

This can be highly revealing. Was Zimmerman a loner? Was he a vigilante who wanted all the glory for himself? Or was he lazy and someone who didn’t follow through on his obligations? Not according to his work ethic, where he was quite adept at his responsibilities, according to interviews with associates.

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Page 76 is a very telling page. The FDLE report explains what agents found in Zimmerman’s possession the day he turned himself in to authorities on April 11:

“Upon the completion of booking Zimmerman into the Seminole County Jail, SA Rogers transferred a Fabrique Nationale Herstal (FNH) Five-seven handgun cal. 5.7 x 28 SN# 386201358 and three magazines with ammo to SAS Duncan. SA Rogers stated that the handgun and magazines were the property of Zimmerman.”

It’s my understanding that this particular weapon is a police killer because of its ability to pierce armor. I imply nothing by stating that. You can formulate your own opinion, but the gun was fully loaded and each clip holds 20 rounds. That’s 80 bullets, folks. I understand his fear and desire to protect himself, certainly in light of the New Black Panther Party threat against him, but my question is whether this particular gun is overkill. Until his arrest, it was still legal for him to carry a firearm. To those who give to his cause, you’re out $1,200, plus extra clips and ammo. If he’s found not guilty, thank yourself for buying him one helluva pistol.

§

On page 78, Zimmerman spins his tale to a witness, who I will assume is Frank Taaffe, Joe Oliver or Mark Osterman. What really intrigues me the most is how Zimmerman was able to pull the gun out of his holster. Of particular interest is the fact that he is left-handed and the holster was on his right hip, set-up for a left-handed person to reach across his chest and belly to go for the gun. While that might not seem like much, it also means that when he went for the gun with his right hand, he either fired it upside down or he had the time and space to turn the gun right-side-up before firing it straight into Martin’s chest:

“Zimmerman used both his hands to pull Martin’s hands away from Zimmerman’s mouth. Martin then observed or felt the handgun on Zimmerman’s side, took his other hand away from Zimmerman’s nose and reached for the handgun stating, ‘You’re gonna die now Mother F*cker.’ Zimmerman slapped Martin’s hand away from the handgun, pulled the handgun, rotated the weapon and fired one round. Zimmerman’s elbow was on the ground at the time he fired.”

I find this to be extremely problematic for several reasons. It means that, since the bullet went straight into Martin’s chest, he had to have been perfectly parallel to Zimmerman’s body at the time the bullet was fired. Why? Because earlier in the interview, Zimmerman’s friend said this:

“Martin and Zimmerman struggled, which resulted in Martin gaining a position on top of Zimmerman, sitting on Zimmerman in the ‘mounted position,’ Martin’s butt on Zimmermans stomach, with Martin’s knees on the ground next to Zimmerman’s ribs.”

 With knees positioned the way they were, how does one wiggle their way out? How did the gun move from behind Martin’s thigh to in front of it? If Martin was riding Zimmerman like a horse, how did the bullet go straight into his chest while Zimmerman’s elbow was in direct contact with the ground? If Martin was positioned parallel to Zimmerman at the time of the shooting, how did Zimmerman manage to get the gun between the two sandwiched chests, let alone with enough of a gap to point the gun straight in?

Incidentally, Zimmerman said he made eye contact with three witnesses during the struggle, yet no witness has admitted to that. How observant for a guy to notice that, yet he contradicted himself regarding Martin’s age; someone who was a heck of a lot closer than the nearest witness.

§

On page 86 of the FDLE report, a background interview took place with the person who provided Zimmerman’s firearms safety training course. Zimmerman’s certificate was dated November 7, 2009. I will have a complete article that will describe, in detail, what led up to George’s obsession with buying guns. Yes, it’s about a dog. Until then, there is plenty to discuss, including personal issues regarding his family and a certain ex-fiance. That’s too much to handle in this post, so please feel free to address his temperament and anything else. Certainly, if I’ve missed anything else, I’d be more than happy to learn, but as far as I’m concerned, the only smoking gun, so far, is the one that George Zimmerman held in his hand on February 26, 2012.

Gun Power

There’s been plenty of talk around the blogs and forums of late about working out a plea deal. You know, why not let George Zimmerman plead guilty to a reduced charge of manslaughter and get it over with? It would save the state of Florida a lot of money, and that’s what this was all about to begin with, right? Well, yes, it would save money but, no, it was not what the state had in mind at all. Well, maybe there’s one major detail, which I’ll explain later.

To begin with, I now agree with what former lead investigator Chris Serino said about the manslaughter charge. He actually knew what he was talking about, but before any of you throw racial darts my way, or missiles of any kind for any reason, you’d better keep an open mind and read the entire article or you’ll be spending some time left out in the cold during one of the most brutal summers on record.

Yeah, George, take the plea!

No, don’t!

Any way you look at it, if he is convicted of second-degree murder, it goes without saying that it would be a felony conviction. But what about manslaughter? Would it be a felony or a misdemeanor if he’s convicted of that instead? Murder is a piece of cake to explain. It means that malice aforethought must be present, whereas in manslaughter, it’s absent. Absence of malice. OK, that’s easy enough to grasp, but what makes it a misdemeanor or felony?

Involuntary manslaughter means causing the death of another person without intent. Generally speaking, it’s caused by an improper use of reasonable care while carrying out a lawful act, or while in the commission of an unlawful act not amounting to a felony. Let’s say drag racing with your car that results in a homicide. You took an unreasonable and high-degree of risk and that’s considered criminally negligent manslaughter. On the other hand, let’s say you’re chopping down a tree and accidentally hit someone with the ax — killing him — there’s nothing criminal about it. In many states, depending on the degree of involuntary manslaughter, it could be a misdemeanor or a felony.

In the case of voluntary manslaughter, we’re talking about an intentional killing that’s accompanied by added circumstances that mitigate the killing, not excuse it. In its most common form, it occurs when a person is provoked to commit the homicide. This is felony manslaughter, and it goes to the very heart of the Trayvon Martin shooting death, whether it’s considered manslaughter or second-degree murder. Either way, if George Zimmerman is convicted, it will be a felony conviction. Interestingly, the Orlando Sentinel reported that the paperwork originally sent to prosecutors stated that there was probable cause to charge Zimmerman with manslaughter. The Sentinel article went on to say that it “was signed by lead Investigator Chris Serino and his boss, then-Sgt. Randy Smith, but it was the department’s official position and had the support of [former Sanford police Chief Bill Lee Jr.] said Capt. Bob O’Connor, who oversees the department’s major-crimes division and also was part of the investigation.”

Well, what’s all this hubbub about manslaughter or murder? Why is the public split on it? I mean those in the Martin camp. You see, it really doesn’t matter and that’s why some attorneys believe the state overcharged. Of course, that major detail I said I’d explain later could be as simple as getting him to plead to something — PLEAD DOWN — but it’s not. It can’t be.

You see, back in the late 1990s, George Bush’s younger brother, Jeb, was governor of the great state of Florida. He pushed through a law, Florida Statutes, Section 775.087 (2)-(4), that became effective on July 1, 1999. What was it, you ask, that could have come from a conservative, gun-respecting, NRA-allied Republican; the same Jeb Bush who signed SB 436, better known as “Stand Your Ground” into law in 2005?

Why… the legislation enacted his initiative providing mandatory sentences for felony convictions of crimes in which a gun was used. Plain and simple.

For pulling a gun during a crime, a mandatory minimum sentence of 10 years is imposed. For certain felony crimes or attempted felonies, the 10 year mandatory sentence is authorized if the criminal possessed a gun (or destructive device). For firing the gun during a crime the mandatory minimum sentence is 20 years. For injuring or killing a victim by firing the gun during a crime, a mandatory minimum sentence from 25 years to life in prison is authorized. (See: Mandatory Sentences Under the 10-20-Life Law and Experts: Florida’s ‘10-20-Life’ empowers prosecutors but handcuffs judges, juries, defense attorneys)

So you see, forget about whether it’s second-degree murder or felony manslaughter because, either way, they are both felonies and if you are in Trayvon’s camp, all you want is a conviction. Stop worrying about a plea. The least Zimmerman could get would be 25-years. That sort of changes the perspective on Mark O’Mara now, doesn’t it? 

The Bond Conundrum

Judge Lester’s bond order regarding George Zimmerman will be released by the Seminole County Clerk of Courts today. Will it allow Zimmerman to be released or will it keep him in jail until the outcome of his trial? I don’t even consider Stand Your Ground a viable defense, so forget that.

In my opinion, the judge has an easy route to take. He can allow Zimmerman to be released on bond, but set that bond as high as $1,000,000 (or higher.) It would clearly take the onus off the court and lay it directly into Mark O’Mara’s lap. How, you say? It’s quite simple, actually. If Lester disallows bond, he may come across as a hard-nose — unbending and cold. On the other hand, if he grants bond, he could be perceived as having the wisdom of Solomon. I think he’s a shrewd intellectual. By washing his hands of it, Mark O’Mara would be left holding the cards. That means $100,000 will come out of Zimmerman’s bank account to free him. What does that mean? Would it cut into the defense team’s budget? Immensely! Will the defense come to a screeching halt? Will O’Mara try to convince Zimmerman to remain in jail so a proper defense can continue? There lays the conundrum. The money really belongs to Zimmerman. It would be his call to make.

Through Paranoid Eyes (The Clincher)

And his own words that are nothing but lies

In the last post, I wrote about the inconsistencies in George Zimmerman’s stories about what transpired the night of the shooting. The following 8 photos are video screen shots taken from his reenactment. Below it will be an overhead view of the location, according to George, of where the fight and gunshot took place.

Approximate area where Trayvon stood according to Zimmerman.

The above photos show George’s reenactment positions during the confrontation. I have several problems with that. One, where was Trayvon hiding? The sidewalk paths are open except for the spindly trees — certainly no place to hide. Two, Trayvon was positioned southeast of George, who said he was heading back to his vehicle. In order for this fight to have occurred where George said, it meant he would have had to go to Trayvon. If it was the other way around, the fight would have taken place where George stood, on the sidewalk heading west. The third problem with the scenario George gave was that Trayvon shouted out to him. I’m not a fighter, but common sense tells me that if I am going to surprise someone with a punch, I am not going to say a word beforehand, which would give my opponent a warning first. I’d hit him and then ask him why he was following me.

Do you understand the problem? George would have to have turned toward Trayvon and walked to him. That’s all there is to it. Of course, there’s one more thing that makes absolutely no sense at all, and one of the commenters, CherokeeNative, brought light to it last night, before I had a chance to put this post up. THIS IS THE CLINCHER. To those of you who don’t read the comments, you can see from the next image why there’s a major, major problem with George’s account of the events the night of February 26. Had George been walking back to his truck like he said he was, from east to west, then why was Trayvon’s body found much farther south?

George must have surprised Trayvon, and that means he was never walking back to his truck from checking house numbers, like he said in his reenactment. Nor was he ever asked by the dispatcher to do such a thing.

Witness points to spot where Trayvon died

The Complex Perplexities of George and Shellie Zimmerman

Today was a very busy day, that’s for sure. I’m collecting my thoughts for an article related to the days events. I took a number of pictures at the task force forum I attended earlier, but the judge’s written order explaining why he revoked George’s bond must take precedence. It was quite direct. There’s also the issue of Shellie Zimmerman’s arrest on a nasty little perjury charge. Do I think they were planned together? No, absolutely not. Coincidence? That is more likely the case. The judge’s order was pending and so was the arrest warrant. One is through the court and the other is through the state. That’s two separate branches of the government and they don’t send love letters back and forth. Everything must diligently and properly go through the legal system. Period.

For now, it’s clear to see the judge and attorney’s office mean business. While some may look lightly on these offenses, the people in charge — the REAL ones — are not playing games. This is some serious stuff.

While I had set my sights on another topic, this is very important to address, so expect it to be my next post. Was the judge too critical in his ruling? Was Shellie’s arrest a bargaining chip for the state? That’s what I’ll be focusing on.

I will say this about the day. I had an opportunity to shake Tracy Martin’s hand and offer my condolences. He was very gracious. From everything I’ve witnessed so far, Trayvon’s parents are regular people, just like you and me. No different. Sybrina Fulton said she is not against guns. Her father is a retired Miami cop. She wants the law changed. Tracy Martin said he will be spending Father’s Day, this Sunday, at the cemetery — with Trayvon. Remember to keep those things in your mind as you consider this case.

Bond, Revoke Bond

Call me old fashioned or set in my ways or something, but I got used to the courtrooms run by Orange County judges Stan Strickland and Belvin Perry, Jr. By that, I mean, when we went to the Casey Anthony hearings, chances were good that the honorables would have been inclined to rule on new motions — ones presented that day — at a later date, giving the prosecution and defense (and us) time to ingest and digest the gist of what had just been presented. In other words, the judges routinely gave the opposing side an opportunity to work up a legal response to be argued at a subsequent hearing.

Don’t get me wrong. In no way am I questioning the manner in which Seminole County judge Kenneth R. Lester, Jr. (yes, another junior) runs his courtroom. As a matter of fact, I sensed from the start that this was a no nonsense judge; one who knows the law and how to interpret and implement it. Fair and firm… that’s what I’d call him. Balanced, too, but while attending the hearing last Friday, I never expected to hear a motion that had been filed a mere two hours earlier, followed by an immediate decision from the judge. Where did that come from, and why didn’t Mark O’Mara, George Zimmerman’s lead defense attorney, protest? Well, there’s more to the story, but first, the matter at hand. While the ending may have shocked us, it wasn’t the reason why we were there to begin with.

The hearing was to argue for and against releasing information pursuant to Florida’s rules of discovery, otherwise known as the Sunshine Law. The state said that the names of witnesses should be kept out of public view for their own protection. The defense agreed, and added that things should be kept at a slow pace for now. There’s no reason to release the information at the moment because there are a lot of people to interview further. This will take time.

The media wants everything made public because that’s the law, argued Orlando Sentinel attorney Rachel Fugate in response, and, eventually, the names will be made public anyway. Why not now? So far, she said, the state and defense haven’t shown good cause why any information should remain behind closed doors, and to be honest, it all depends on which way you look at things. Here, the crux of the matter goes well beyond protecting innocent witnesses, unlike the Casey Anthony case, which she compared it to. Casey never admitted that she killed anyone. George did, and that’s part of the problem, aside from race and outrage being major factors. Most of the public agreed with the prosecution in State v. Casey Anthony. Here, it’s deeply split.

Aside from race, the state contends that George Zimmerman’s statements to investigators add up to a confession, and because of that, they are exempt from disclosure. Of course, the defense disagrees. Yes, the defendant admitted he shot and killed the victim, but it was not a murder. It was in self-defense.

Judge Lester called it a matter of what’s inculpatory and what’s exculpatory. One says it’s a fish; the other says it’s a fowl, he added. Inculpatory is evidence that can establish a defendant’s guilt, while exculpatory is evidence that tends to clear a defendant of guilt.

In the end, the judge decided to follow the law and release the discovery documents, but not without poring over them, piecemeal, in camera, and redacted, which means he will most likely censor some of what’s released, like in the first document dump. And just like Judge Perry, Judge Lester reminded the attorneys that this will be no trial by ambush! What you see is what you get.

Incidentally, defense attorney Mark O’Mara said he expects to see a new round of discovery by Monday or Tuesday, so keep your eyes open, folks.

§

When Judge Lester abruptly revoked George Zimmerman’s bond on Friday, it caught me off guard. Like I said at the beginning of this post, I pretty much thought the court would allow time for the defense to prepare. After all, the motion was filed that morning. But I missed something along the way.

At the April 27 hearing to discuss the motions filed by media attorneys, O’Mara stated that his client had misinformed the court about his financial standing at the bond hearing held a week earlier, on April 20. (This signaled the prosecution to go on the offense and dig up some damning information.) While George sat silent in the courtroom, his wife Shellie, out of camera view, lied under oath about their financial situation. He was fully aware of what she was saying and doing. Instead of being flat broke like she testified, he had amassed a small fortune in excess of $135,000, give or take a few truckloads of chicken feed.

That’s not all. There was a problem with the passport — or passports — George held. At the bond hearing, he surrendered his U.S. passport and “tendered it to the court.” It was due to expire in May anyway. So far, so good, except that he failed to inform the court that he held another passport. It seems the first one was lost and he had applied for a replacement in 2004. Passports are good for ten years, so that means the new one is still good for another two years. Meanwhile, the old one resurfaced and that’s the one he turned over. While there is nothing illegal about it, the state had every right to cry foul. George is, after all, a defendant in a murder case, and the state takes EVERYTHING seriously. So does his team of defense attorneys.

And then there’s the judge.

While Judge Lester overlooked George’s indiscretion concerning the passport, he may have done so because of George’s overt lies concerning his finances. Obviously, that was the case in court last Friday, and because defense counsel had previously mentioned the money issue back on April 27, it was no real surprise when the state smacked George with its MOTION TO REVOKE BOND that day.

Did the defense see it coming? I don’t really know, but I will say this. Upon entering the courthouse, you have to pass through a security screen which includes removing your shoes. When you get to the 5th floor courtroom, you must pass through another security checkpoint before entering. As I was placing my personal items back in my pockets, Mark O’Mara came upon me. We spoke briefly. I told him how polite and respectful he was to me when Bill Sheaffer introduced us during the Anthony trial. Mark, if you recall, was hired as a legal consultant for WKMG. If you think back, you may remember Mark NeJame was also with the CBS affiliate. Anyway, whenever O’Mara and I saw each other again during the trial, we always exchanged greetings. He’s a real gentleman. This time, I did wish him the best in the courtroom and he didn’t seem preoccupied with anything that may have been coming down the pike. After the hearing, I spoke to him again, and he agreed when I said it wasn’t a good day.

“No, it wasn’t,” he admitted.

If I had to take an educated guess, I would say that the defense team did not expect this broadside from prosecutor Bernie De la Rionda, and to be honest, I don’t think it was the motion itself as much as it was De la Rionda’s blow-by-blow vocal delivery and the judge’s abrupt decision to revoke bond. It was a veritable wham-bam-thank-you-ma’am, slam dunk, bada-bing sorta thing.

Here’s the bottom line. George Zimmerman lied. While you may not have heard his own voice doing the lying, he did so through his legal counsel and through the testimony of his wife, in sickness and in health; through good and through bad. And the bad part about it was that he manipulated his attorneys and his spouse. That, in my opinion, is what really perturbed the judge the most. And lying to the court, of course. It’s a cold day in hell when you can pull the wool over a judge’s eyes, let alone get a chuckle out of him for trying.

While he sat in the Seminole County jail awaiting his bond hearing, George played his sudden fortune like a Wall Street pro, only he did it in code, assuming the law would never understand a word of it. Well, George, those plastic decoder rings you used to get in cereal and Cracker Jack boxes as a kid were invented a long, long time ago, before Dick Tracy, and it doesn’t take much of a brainiac to figure out that $135 = $135,000 in code-speak. Duh. It’s stuff like this that truly makes me wonder if George actually thinks of himself as some sort of comic book superhero who’s above the law. It’s not Superman… it’s… it’s Zimmerman!

Despite George’s immature attempt at deception, I’m going to go out on a limb and take a stab at how the judge will respond to a second bond motion filed by the defense requesting his release. Sure, it will be granted, but the judge is out of town this week, so George will have to sit and stew for awhile. God knows, he earned it. Of course, when the hearing is eventually held, he will kiss a good chunk that money in limbo good bye. Bond should be set to the tune of $1,000,000 if you ask me, which, when decoded, translates into a $100,000 down payment; still a mere pittance to a guy like him and his loyal minions, but a huge slice of the pie when it comes to the not so small matter of mounting legal fees.

[Since this writing, the defense team has decided against filing a new motion for a bond hearing at this time. See: Update For Motion On Bond]

Until the hearing comes, George and his defense team will need to do some serious head banging. He profoundly impacted his credibility with the judge. To those who disagree, listen to O’Mara’s own words. “There is a credibility question that now needs to be rehabilitated by explaining in a way what they were thinking, when they did what they did, and we’ll address it… I think that explanation or apology, if it is, should go directly to the person who deserves it. In this case, that is Judge Lester.” (See: George Zimmerman returns to Seminole County Jail)

Take a look, too, at what the Orlando Sentinel put together from their own reporting and research. This is something a jury will not ignore.

Zimmerman’s untrue statements

• The night he shot Trayvon Martin to death, police say Zimmerman told them his record was squeaky-clean. In fact, he had been charged in 2005 with resisting arrest without violence during an altercation with a state alcohol officer. Zimmerman wound up in a pretrial-diversion program, a scaled-down version of probation offered to nonviolent first-time offenders.
• When he was booked into the Seminole County Jail on April 23, he told the booking officer that he never had been in a pretrial-diversion program before, documents show.
• At his April 20 bond hearing, while making a surprise apology to Trayvon’s family, Zimmerman said he didn’t realize Trayvon was so young. In his call to police moments before the shooting, however, he described Trayvon — who was 17 — as in his “late teens.”

These things, plus the money deception, will not bode well for the defense. The judge will give George an opportunity to explain himself, but what does O’Mara think? “My understanding was that Judge Lester seemed to indicate that he wanted testimony. That is a very complex decision to make about what effect that would have, not only at the hearing itself, but any future testimony, so we haven’t made that decision yet.”

I don’t think I’m even close to going out on a limb when I say that George can kiss the old stand your ground defense good bye. Since it will be Judge Lester’s decision to make, wasn’t it really stupid of George to lie to him, of all people? Wasn’t that a blatant lack of common sense and honesty? Or was it stupidity? Couldn’t the night of February 26 have been the same thing? A blatant lack of common sense and honesty?

Because I am so sure this case will go to trial unless a plea deal is made — which I strongly doubt, George is going to have to do something to regain his credibility, but I don’t know what. His defense team is doing its best at damage control, but how much good will it do?

From the George Zimmerman Legal Defense Website, Details Regarding The Request For A Second Bond Hearing For George Zimmerman:

(Edited for content)

While Mr. Zimmerman acknowledges that he allowed his financial situation to be misstated in court, the defense will emphasize that in all other regards, Mr. Zimmerman has been forthright and cooperative. He gave several voluntary statements to the police, re-enacted the events for them, gave voice exemplars for comparison and stayed in ongoing contact with the Department of Law Enforcement during his initial stage of being in hiding. He has twice surrendered himself to law enforcement when asked to do so, and this should demonstrate that Mr. Zimmerman is not a flight risk. He has also complied with all conditions of his release, including curfew, keeping in touch with his supervising officers, and maintaining his GPS monitoring, without violation.

Why did George stay “in ongoing contact with the Department of Law Enforcement” when he first went into hiding? Because he thought of himself as one of them? A cop’s cop? Among his peers? The first thing a defense attorney worth his weight in salt would say to a new client is to shut up. That’s why this statement is meaningless. Of course it was his initial contact because, on advice of counsel, he stopped talking after that.

He has twice surrendered himself to law enforcement when asked to do so, and this should demonstrate that Mr. Zimmerman is not a flight risk. He has also complied with all conditions of his release, including curfew, keeping in touch with his supervising officers, and maintaining his GPS monitoring, without violation.

This, too, goes without saying. Isn’t that a given? This is what he was supposed to do, and most people comply with the law. Besides, once the cash was out of his hands, where was he supposed to hide? With what? Once the defense learned of the money, it was transferred into a trust fund where George couldn’t touch it. Neither could his wife.

The audio recordings of Mr. Zimmerman’s phone conversations while in jail make it clear that Mr. Zimmerman knew a significant sum had been raised by his original fundraising website. 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.

“We feel the failure to disclose these funds was caused by fear, mistrust, and confusion.” This is damage control at its finest. This is why exemplary defense counsel deserves to make the big bucks, and I’ve got to hand it to Mr. O’Mara, who I totally respect and admire. That sentence says it all, but it’s a classic contortion of relativity and relevance. It’s pointing the finger one way while speaking in another direction. Why? While focusing on George’s innate fear, mistrust and confusion, which we can all relate to, its actual intent is to confuse us and take the heat off him.

If George was really fearful, mistrusting and confused, why did he lie to the court? If he did nothing wrong, what was he fearful of there, of all places? The court was the first place he should have trusted. After all, the truth shall set him free. Right?

Bond, Revoke Bond