Once Upon A Time...

Once upon a time, Pudgie the Bear was skipping through the woods when Trigga the Tree Troll stopped him.

“Why are you running in my forest?” Trigga demanded, as one of his giant tree limbs stopped Pudgie dead in his tracks.

“I… I… I have every right to be here,” Pudgie quickly responded. “Why did you stop me?”

“Because these are my trees. You are robbing my forest of flowers, leaves, grass, mushrooms, berries, roots and nuts!”

“No. Not me!!! I like honey!” Pudgie cried, but Trigga wouldn’t relent. The young bear tried to fight his way out, knocking chips of bark all over the place. “I’m going to make compost out of you!”

“No you won’t,” Trigga replied, and just like that, his powerful limb lifted up and came smashing down; knocking the stuffing out of poor Pudgie’s body, sending it flying all over the place. 

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Attorneys Natalie Jackson, center, Benjamin Crump, center right, and Daryl Parks, far right, representing the family of Trayvon Martin sit stoically as George Zimmerman’s not guilty verdict is read in Seminole circuit court in Sanford, Fla. Saturday, July 13, 2013. Zimmerman was found not guilty in second-degree murder for the 2012 shooting death of Trayvon Martin. (Gary W. Green/Orlando Sentinel/Pool)

After the verdict came last Saturday night and my journey was over, I was tired. From the very first article I wrote; from the very first hearing I attended to the very end, I put in a lot of hours. One of my friends asked me if I would be alright. How would I handle it now that it’s over? Would I be depressed? No, I answered. This is the life of a writer of true crime and courtroom drama. A climbing crescendo, long and winding, coming to a tumultuous climax and compelling completion is what it’s all about. Cut to the end. If we can’t deal with it, we’re in the wrong business. That’s just the way it is. Death becomes a way of life.

By Sunday morning, most of the civilized world that paid attention to the Trayvon Martin/George Zimmerman trial knew the outcome. All that was left to do was to discuss it, but not me. I needed a break. Throughout, there were multitudes of directions each and every one of us had taken — like a hundred road intersection — converging into a massive mess of a traffic jam. Which one of us had the right of way? I don’t know. I still don’t, although a jury of six women decided for us. Yield! Move on or get run over! I suppose I could write a lot about the verdict, but what’s done is done. To perpetuate the story is, to me, unbearable. I won’t let it dog me. 

The Pavlov’s Dog Affect

From the beginning of the trial — jury selection or voir dire — we were warned by the Court and deputies to turn off all cell phones or set them to vibrate. This included iPads and other tablets and devices. No noises would be tolerated in courtroom 5D. Even Siri became a serious problem. Initially, we were given two strikes — a warning, then an ejection. That changed after the second or third day when (then) Chief Judge Alan A. Dickey changed the rule. It was one of his final orders before leaving his position, which was part of routine circuit rotation. Judge Nelson wanted it to remain two strikes but, instead, it became one, you’re out, although someone in your news organization could replace you; however, if your replacement made a noise, it would be strike two and your outfit would be banished for good — to the media overflow room you go. 

Unfortunately, I heard dings, dongs, boing after beep and ring after cell phone song from the gallery. Out went a few journalists and members of the public, until the rest of us were conditioned to be scared to death. That’s a fact. For the remainder of the trial and days beyond, whenever I heard a digital noise of any kind, no matter where I was, I cringed. If I happened to be in the produce section picking out peppers when a cell phone pinged, I panicked. It was either mine or someone else’s and it meant immediate ejection from the courtroom. I called it PDSD — Post Dramatic Stress Disorder. It took some time, but I finally broke free and now feel safe when my phone barks.

Dog Eat Dog

This wasn’t my first go ‘round in criminal court. I was credentialed during the Casey Anthony trial. When journalists from all over the country and elsewhere began to come together at the courthouse for the Zimmerman trial, it was nice to see familiar faces again. We couldn’t believe it had been two years, but it was. After friendly hellos, hugs and handshakes, it was all business. Of course, there were plenty of new faces, too, from local news stations and major networks, including cable. 

It’s the nature of the business to out-scoop each other, so there’s always a competitive edge. There’s eavesdropping and lots of interruptions while talking to someone involved with the trial, as if their questions for Ben Crump seem more important than the rest. Generally, they’re not, but that’s the way it goes. Don’t get me wrong, most of the media reps are very nice, but there are a few egos that get in the way; more so from producers than from on-air personalities. Like what I discovered during the Anthony case, the more famous the personality, the nicer they seemed, and the more intrigued they were with local news people.

There was an emotional tie inside the courthouse and, most certainly, inside the courtroom. Aside from the actual trial, I mean between journalists. I could clearly sense that, after the strike rule went into effect, plenty of those people sitting on the media side would almost kill to get one more of their own in that opened up seat. They hoped and hoped a cell phone would accidentally go off, although everyone cringed when it did. We all knew it was to be expected. It’s the nature of the beast. Goody! Goody! The problem with me was that there were no replacements. I was the only blogger inside that room with credentials. Some may have resented that fact, but most didn’t. When I was asked who I was with, I proudly said, “Me!” I represented no one but myself.

Throughout jury selection and the trial, that’s the way it was. When the State rested, everyone’s attitude changed. Gone were the vibes that begged for someone’s phone to go off. There was almost a camaraderie among us. The end was near and we all sensed it. Once again, in a matter of days, we would be going our separate ways. Surely, Mark O’Mara and his defense team wouldn’t take long and we knew that, too. How did we know? Because most of us realized the State did not put on a good case. It was a letdown. Is that all there was? They sure didn’t prove anything beyond a reasonable doubt. Therefore, the defense wouldn’t need to put on much of a show. Besides, they had cross-examined the State witnesses very effectively.

With the last few days of trial at hand, what we had waited for and built up to was going to come down. A verdict was nigh and it would be over. Time to say good bye to those who cared enough. Some just packed up and left. They knew we would meet again at the next big one. Surely, there’s always a Jodi Arias out there to cover.

On the final day, last Saturday, I could feel the electricity in the entire courthouse. The building was supercharged. I asked Rene Stutzman, who covered most of the case for the Orlando Sentinel, if she could feel it, too. “Yes,” she responded. “Absolutely.”

I spoke to one of the administrators on a floor not associated with the trial in any way. She also acknowledged that her coworkers felt it, too. It really cut into their levels of concentration. Of course, some of that could have been attributed to protesters, but they didn’t come until the final three days and, even then, it wasn’t that many. No, this was a powerful trial; one that touched the entire area surrounding the courthouse.

As a final aside, I must say that Judge Nelson was one tough judge. No, I’m not going to humor your thoughts on bias, one way or the other. This has nothing to do with that. Comparing her to Judge Belvin Perry, Jr., Perry was a pussycat. He gave us an hour-and-a-half for lunch each day and there were lots of restaurants in downtown Orlando to choose from. Plenty of time to eat, in other words. Nelson, on the other hand, gave the jury an hour each day and if there happened to be any unfinished court business after they were excused, it cut into our lunch time. That meant less than an hour, generally, with NO restaurants nearby. Well, WaWa. Despite it being cold in the courtroom, I couldn’t bring perishables, so I brought MorningStar Grillers Prime or Chipotle Black Bean veggie burgers on a toasted English muffin. No butter. Plain. I heated them in the lunchroom microwave, where I ate almost every day with a handful of other journalists. Sometimes, we’d talk shop as I nibbled on fresh tomatoes and assorted fruit. Today, there are no more daily events to discuss among my peers, but I am sticking with the diet. Plus salad. Those veggie burgers grew on me, especially the Grillers Prime.

And in the end…

After nearly five years of writing about local murders, I hope nothing else like the last two cases comes along again. In the Zimmerman trial, one must understand the residents of Seminole County in order to grasp the verdict. It is a predominantly conservative Republican county made up of a mostly Caucasian population. Gun rights is an important issue. It is not a racist area, although it used to be many, many years ago, but never as much as the surrounding counties. Ultimately, the jury based its decision on the law and how it’s written; not so much on the absolute innocence of Zimmerman, as if he did nothing wrong. In the eyes of the law, Casey Anthony did not murder her daughter, did she? Or was it, more or less, because the prosecution did not prove its case?  

In the Zimmerman/Martin confrontation, it was the ambiguity of the final moments that cemented the verdict. All you need to do is to look at something else in order to figure it out. Take a DUI (DWI) traffic stop, for instance. If you refuse all tests — field sobriety and breathalyzer — and keep your mouth shut in the back seat of the patrol car, there’s hardly any evidence against you other than the arresting officer’s word. The less evidence a prosecutor has, the less chance of a conviction. That’s what happened here. There just wasn’t enough evidence. Without it, the jury could not convict George Zimmerman — not as presented by Bernie de la Rionda and his team. There wasn’t even enough for a manslaughter conviction, was there?

On the night of February 26, 2012, something horrible took place. Was it poor judgement or bad timing, perhaps? Was it both? Had Martin arrived at the Retreat at Twin Lakes only five minutes earlier, Zimmerman would have gone on to Target. Had Zimmerman only left the Retreat five minutes earlier, Martin would have walked safely home to watch the NBA All-Star Game. Who started it and who ended it can and will be argued about for years to come. I formed my own opinion, but I choose to move on now. A verdict has been rendered. Let the rest of the media hound on it. They get richer and richer off the story and I never made a dime. In the end, trust me, Trayvon Martin did not die for naught.

As for me, what does my future hold? I may re-stuff Pudgie the Bear and write fiction. Yup, you know… Once upon a time, we had characters like the Lone Ranger. In those days, good guys always wore white and bad guys never got away.

George Zimmerman is congratulated by his defense team after being found not guilty, on the 25th day of Zimmerman’s trial at the Seminole County Criminal Justice Center, in Sanford, Fla., Saturday, July 13, 2013. (Joe Burbank/Orlando Sentinel/POOL)

Cross-posted on the DAILY KOS

Out of Order

“I don’t see any of your issues as insurmountable.”

- Seminole County Circuit Court Judge Debra Nelson, in denying a continuance motion filed by Zimmerman’s lawyer, Mark O’Mara.

I believe George Zimmerman’s defense is so busy prepping for the immunity hearing set for late April, that it’s one of the most important reasons why O’Mara filed the DEFENDANT’S MOTION TO CONTINUE. Plus, time needed to sweeten the pot, of course. Granted, mounting a proper defense takes time, but O’Mara has been quick to point out that his client is so innocent, it’s blatantly obvious. SLAM DUNK! If anything, he should be in a hurry to end the nightmare he’s so sure his client is innocent of; and he’s said so on numerous occasions. I mean, why worry?

“I will call my wife as an expert witness that I want this case tried in June.”

- Mark O’Mara, at the hearing on February 5

The motion filed on January 30, sans photographic and assorted correspondence evidence, is fifteen pages long. Someone spent a lot of time putting it together, yet it was fatally flawed right from the start. If you read (5) on page one, O’Mara acknowledges:

“While it should be noted that the State Attorney’s Office has assisted the defense by organizing and presenting State witnesses for deposition without need for subpoena, there have been other problems and/or delays with discovery.”

Yet, on page three (7), the motion states: 

“Again, while the State is within its right, under the letter of the rule, to demand […] formalities, that has cost hundreds of hours of additional time to be expended, which has delayed work and progress on other substantive matters.”

This is not quite the truth. The Defense spent many hours sweeping Judge Lester out the door. (See: WRIT OF PROHIBITION.) I am convinced the judge gave George Zimmerman a reprimand he most certainly deserved when his wife lied in open court and he kept his mouth shut. I also think Lester would have moved on from that point and been as fair as possible. It was simply a scolding — holding no further grudge. Regardless, the bottom line is that it was purely something the Defendant created and the State should not be blamed for this loss of precious time. Period. That’s what the continuance motion was all about; not enough time, yet it never once mentioned the time it took to file the writ, then the appeal and, finally, to win the appeal that ordered Lester’s removal from the case. Which leads to…

“The State can’t control the methodology the [defense] uses.”

- Bernie de la Rionda, at the hearing, on how the defense schedules its subpoenas

In the State’s rebuttal motion, STATE’S RESPONSE TO DEFENDANT’S MOTION TO CONTINUE, Bernie de la Rionda let the Court know the Defense motion for a continuance was very one-sided and that he has complied with discovery rules. This is more about depositions:

“And while many depositions have been taken, in some cases it was only after the State repeatedly asked that depositions be set. There have been too many delays in getting Defense Counsel to schedule depositions, on at least four occasions depositions were scheduled (entire days were set aside), only to be informed by Defense Counsel the depositions were cancelled. The State has expressed its frustration with this process.”

Also written in the response was that, originally, both sides had agreed to set aside the entire week of January 28 for depositions, but as the week neared and nothing surfaced, the Defense informed the State that only two days would be allocated for depositions. Later, the State was informed that none would take place because the Defense was focusing on the preparation of the continuance motion during that week. This is all documented, too.

Of course, it almost goes without saying that Bernie de la Rionda formally objected to Mark O’Mara’s statement about the State’s formalities: 

“The State has previously attempted to inform Defense Counsel of certain information during ‘informal discovery’ only to have the statements taken out of context and/or misstated in motions and arguments.”

De la Rionda wrote that the State will continue to comply with the Florida Rules of Criminal Procedure, but will not provide them with a roadmap of what the evidence shows, nor will it connect the dots before depositions are taken. He also noted that the Defense complained about having to spend a great deal of time “reviewing and dealing with all the information ‘which has flowed through various social media sites, blogs, media outlets, and other vehicles’” without mentioning that Zimmerman and O’Mara created their own sites and continue to spend hours sorting through bits and pieces information. We need only look at the Sean Hannity interview for what makes this an example of hypocrisy in action.

One of the things that’s irked me for some time is the Defense’s propensity to blame the media for all of the information that’s out there for the public to pick through, yet it is responsible for a great deal of it. That’s the pot calling the kettle black, as far as I’m concerned. We live in a different world, too, and it’s now quite apparent that all of the negative publicity spewed during the nearly three years of the Casey Anthony case, from July 2008 to the onset of the trial in May 2011, did nothing to harm her in court. In this case, if anything, Zimmerman’s Defense has been doing a great job handling public relations. They should be counting their blessings, in other words.

This is no dress rehearsal; nor is it the first time O’Mara has been involved in a complex case, so he understands the mechanisms completely. At a hearing on October 26, Judge Nelson addressed the date of trial and set it for June 10. Three days later, she issued a scheduling order, the AMENDED SCHEDULING ORDER AND ADMINISTRATIVE PROCEDURES TO BE FOLLOWED BEFORE TRIAL (amended to correct year of trial date). In it, she wrote:

It is hereby ORDERED:

1.  Trial is presently set to begin on June 10, 2013.

a.  Any Self-defense Immunity / Stand Your Ground motion shall be filed and heard on or before April 26, 2013, which is 45 days before trial.

b.  Final witness lists, including any expected expert witnesses, shall be exchanged on or before March 27, 2013, which is 75 days before trial.

c.  Any other pre-trial motions shall be filed and heard or [sic] before May 10, 2013, which is 31 days prior to trial.

d.  Certain short-matter motions addressing purely legal matters may be heard on or before May 31, 2013, which is 10 days prior to trial.

e.  No continuances [emphasis mine] of the trial will be granted on the basis that the parties have not complied with these deadlines.

There it is, folks, in simple black & white. No continuances; none simply granted, anyway, and Mark O’Mara should have expected the outcome going into Tuesday’s hearing. Shades of Judge Belvin Perry, Jr., who is also a stickler for dates and times. It should also be mentioned that, before her quick ruling, Nelson noted that she had two dates set aside for hearings to deal with discovery and other issues, but neither side took real advantage of them, not that the State seems to need them. That could have, quite possibly, hindered the Defense by not keeping the Court apprised of their situation throughout.

Oh well, it didn’t hurt to try on Tuesday but, times-a-wastin’ and there’s an immunity hearing to prep for… 

Also see Daily Kos

WAKE UP WHITE PEOPLE!

Get over it. He is not going to take your guns away!

Although there is a history of mall and theater shootings in this country, Sandy Hook Elementary School was the straw that broke the camel’s back. So many innocent children died. The smallest thing to come out of federal legislation will most likely be mandatory background checks prior to purchasing any guns. Personally, I’m all for it because this country is overflowing with kooks and gun nuts. No matter how much the NRA and other gun rights advocates protest, something must be done. For instance, during one of the more recent break-ins at the Retreat at Twin Lakes, a 9mm pistol was stolen from the residence, not just a television. Why shouldn’t homeowners lock up their guns before leaving the house each day? What’s wrong with a law like that? Why leave them in a drawer in the nightstand; the first place a robber would look? Would you leave your knives out for your grandchildren to play with? Of course not. That gun is now a Saturday night special and it didn’t have to be that way. Before anyone calls me a bleeding heart liberal for thinking this way, which is really nothing more than common sense, consider the following.

A month ago, on January 6, a decorated combat veteran was driving through Jefferson County, NY, when he was stopped for a random vehicle check by a deputy sheriff. Staff Sgt. Nathan “Nate” Haddad had five 30-round assault rifle magazines in his possession. All were empty. He was arrested on the spot and charged with five felony counts.

According to his brother, Michael Haddad, those magazines were legally made before the New York (state) Assault Weapons Ban was enacted. If true, this was no criminal act. In the military, Haddad was trusted to handle weapons that far surpassed what he was carrying the night of his arrest, and now he finds himself facing a lengthy prison sentence. Oh, those liberal New Yorkers!

Haddad was recently honored by the Union League’s Armed Services Council and by the Philadelphia chapter of Blue Star Mothers for his work in assisting disabled veterans get back on their feet. (If you are so inclined, you may contribute to his defense fund HERE.) 

My point is not to preach about gun laws or what’s right and what’s wrong; it’s all about Nathan Haddad and Sandy Hook and how, somewhere, George Zimmerman falls between the two. Huh, you may ask?

Yes, the Second Amendment guarantees the right to bear arms, so that’s not an issue at all. The problem is, who should be able to handle guns? Haddad? Adam Lanza, the Sandy Hook murderer? George Zimmerman?

What I find ironic about the shooting of Trayvon Martin is how justified so many people think Zimmerman was based on his Second Amendment rights. Considering that logic, so was Adam Lanza — not that I’m attempting to put the two of them on a level playing field, but death by gun is still death by gun and, generally speaking, the court system decides how to handle those deaths, not us. Had Lanza’s mother locked up her legally obtained guns when not in use, would children have died that day? And don’t tell me anyone is going to keep an assault rifle in a nightstand. He couldn’t have shot up a school with a lone pistol; all she needed to feel safe at night.

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To put things in a more proper perspective, let’s look at exactly who we’re talking about in this particular case. George Zimmerman is so proud of his Hispanic heritage, he made it clear very early on that he is not a White person. He doesn’t associate his background with them despite his father being Caucasian. He considers himself, as an ethnic Hispanic/Latino, to be other than White, and that places him closer to Trayvon Martin than most of his White supporters would like to think, let alone believe that he is. (Quickly, look the other way!) Wasn’t his great-grandfather Afro-Peruvian? Granted, he may have said so to prove how diverse he is; that he is not a racist by any means. Or he could have said it to save his butt from a federal hate-crime charge. That means he’s either telling the truth or he’s lying. Take your pick.

Whichever one you choose, the fact remains that Zimmerman is not White, yet it’s the race that has aligned itself with him throughout this ordeal. Why? Because he’s laughing all the way to the bank, in my opinion, after begging for funding. He’s milking the system. White milk, of course. Most certainly, he’s not getting a pittance from Black people, and I’ve spoken to many Hispanics that are ashamed of what he did. “He’s not one of us,” some admonish. In truth, many Hispanics don’t consider him to be a true Latino because only his mother is one. 

What’s left is White people supporting him because of gun rights and/or racism, and it makes no sense at all. Who knows anything about his past prior to the shooting last year? Anything at all, really? No one has a clear understanding about whether he did, in fact, molest his younger cousin for years. Right now, I’d be willing to give him the benefit of the doubt because nothing has been established, but what’s good for the goose is good for the gander. If Trayvon’s past is to be exploited, so must Zimmerman’s. What do we know about him as a teenager; I mean, really know about him? That he was lily white and pure as the driven snow?

This leads us to three perplexing scenarios for Zimmerman’s supporters. If they support him because of race — Trayvon being an inferior Negro and all — they’re barking up the wrong tree house but, in truth, Zimmerman ain’t truly White now, is he? (Not that it matters a hoot to me.) If it’s because of advocating gun rights only — the right to bear arms — his supporters should look Nathan Haddad’s way; not toward some lying cop wannabe who should have ceded to the right side of caution and let real cops handle the situation. In the real world, Haddad should be the hero to gun rights advocates, not Zimmerman. To those who support Zimmerman because of gun rights and racism, may God have mercy on their soul. Had Trayvon merely been white, they’d be spitting on Zimmerman right now instead of his victim’s grave.

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Remember, I’m a White boy saying this. I grew up in New Jersey. I know a thing or two about the Mafia, and you can trust me on this one. But that doesn’t make me a mobster, even if I had an ounce of Italian blood in me. Trayvon grew up in Miami. He knew about gangs. Ergo, that didn’t make him a gang member. The kid had a heart sticker on his cell phone, for crying out loud. What sort of bad ass would do that? The Heart Killers? Oh no… that was Zimmerman, but speaking of gangs…

“They do a year and dont ever open thier mouth to get my ass pinched.”

We will never know what went through Trayvon’s mind that fateful night, but once again, what’s good for the goose should be good enough for the gander. He could have easily seen his eventual killer as a gangsta chasing him down, just like Zimmerman looked at him — a threat. Why not? He had every right to. Growing up in the ‘hood, he knew all about those types; White and Hispanic dudes acting Black. Yo Yo, Bro, Wazzup?

What’s up with that? And stop calling me Bro. You stalkin’ me. After all, Trayvon was raised to be very careful around not just Whites, but all light-skinned people. Every African-American kid is. They are out to get us. How else would you explain that, had Trayvon been White, a little pot wouldn’t matter? He would have been just like other boys his age; a rite of passage — part of growing up. Boys will be boys. Not Black boys, though. Black boys can’t smoke pot. If they do, they are bad asses. No in between. Only White people can stand their ground. And mostly White, ‘cept Mexicans.

“I dont miss driving around scared to hit mexicans walkin on the side of the street, soft ass wanna be thugs messin with peoples cars when they aint around (what are you provin, that you can dent a car when no ones watchin) dont make you a man in my book. Workin 96 hours to get a decent pay check, gettin knifes pulled on you by every mexican you run into!”

It’s abundantly clear that the above two statements were fairly prejudiced and/or somewhat gangsta-minded at the time they were written. As a matter of fact, I’d be inclined to call the person who wrote them a bit of a racist, wouldn’t you agree? But, then again, wasn’t Trayvon “messin’ with people’s houses” the night he was shot by looking toward their windows from the street where he walked? There is no proof he actually looked into any of them close up.

What’s most compelling about those statements is that they were made by Joe G., Zimmerman’s alter ego, on his Myspace page from not so long ago. How strange, coming from such a “national hero” to many adoring fans. Well, that was then, some may decry, but so is Trayvon’s past. In my opinion, there is a strong indication that when he stepped out of his vehicle with his 9mm gun on the night of February 26, 2012, George Zimmerman transformed himself into Joe G. and decided to stalk a soft-ass wanna be thug by the name of Trayvon Martin. In his mind, that’s exactly what the boy was; one of the “thugs on drugs” and up to no good. He didn’t dent up any cars along his way, though, nor did he pull a knife, but he still got dead.

Yup. All of his boys back home in Manassas — that D.C. ‘burb — would be proud of Joe G. someday. He was going to prove it, too. Where are his boys now? Coming out of the woodwork for him or still chasing Mexicans around for no good reason?

WAKE UP WHITE PEOPLE! Zimmerman’s no hero, no matter what any of you think. That Kel-Tec did him no good, and a real cop would have shot him dead that night had one showed up a minute or two earlier. Count on it, Homie.

Retreat at Twin Lakes Walk Through, Part Two

One month ago, I presented a video walk-through of The Retreat at Twin Lakes from George Zimmerman’s perspective — from the moment he stepped out of his vehicle to the time he says he was punched in the face by Trayvon Martin. 

This is part two of that video. It explores the fateful night of February 26 from Trayvon’s point of view. How accurate is it? I don’t know, but it should help you to better understand the area and the path the young man may have taken.

I received several e-mails from people; each with their unique requests for footage. I wish I could have accommodated you all, but I couldn’t. What I can tell you is that, as of today, two fences are erected along the northwest side of the complex, running south from Oregon Avenue and parallel to the western edge that keep people from entering the way Trayvon allegedly did as described by Zimmerman. There is a locked pedestrian entry alongside the main gate, so there is no reason to access the Retreat from anywhere else, other than the southeast gate. Also, clubhouse parking is restricted to tenants that are using the facility at the time, including the community pool. There is a street sign at the intersection of Retreat View Circle and Twin Trees Lane upon entering from the north, off Oregon Avenue. It is located atop the stop sign on the same corner as the clubhouse. Look for it in the video. It’s interesting to note that Zimmerman could not remember the name of the street, Twin Trees, nor did he notice those signs.

If you have any questions or thoughts, please add them in comments or e-mail me by using the “Contact Me” form located on the lower left sidebar. I hope you enjoy the music…

Also posted on the Daily Kos

The Heart of the Matter

I don’t think anyone will ever be able to connect  the racism dots when it comes to George Zimmerman and Trayvon Martin. The really creepy part about the two names is that they will forever be interconnected, like Abraham Lincoln and John Wilkes Booth. While not of the same magnitude as a presidential assassination, a life is still a life is still a life, and none is more valuable than another, whether red, yellow, black, white or any shade in between. We’re not talking red state/blue state; we’re talking about life and death, and it’s not a game.

Let’s take a quick look at the sad case of 45-year-old Michael Dunn. News reports say he “allegedly” fired 8-9 shots into an SUV parked at a convenience store on Friday night. I say there’s nothing alleged about it. He did it. The question is why. He said he didn’t mean to kill anyone. 8 or 9 bullets and he didn’t mean to what? The fact that he fired at all is a tragedy.

From all accounts, Dunn and his girlfriend had just left his son’s wedding reception and stopped at the Gate Food Post convenience store at 8251 Southside Blvd. in Jacksonville on the way back to their hotel room. He pulled up next to the SUV that had music booming LOUDLY. When he got out of his vehicle, he confronted the four occupants and complained. TURN IT DOWN, he screamed. An argument ensued and Dunn pulled out his gun. Some of the shots struck and killed 17-year-old high school student Jordan Davis, who was sitting in the backseat. No one in the SUV was armed, according to initial reports. Lt. Rob Schoonover with the Jacksonville Sheriff’s Office said, “They were listening to a little music. It was loud, they admitted that, but, I mean, that’s not reason for someone to open fire on them.” (See: Many unanswered questions in loud music killing)

I hate to drag Florida through the coals again because shootings happen all over the world. Texas is a great state for shooting from the hip, so we are far from alone. Taken at face value, this seems to be your typical white-on-black shooting, and in some circles, the killer would be considered justified because of two simple “reasons” — the shooter owned his gun legally and the victim was black. Or African-American, if we need to be politically correct. Need more ‘splainin’? Talk to the hand. Yet it seems that the mere fact of being white and owning a gun somehow legitimizes a killing, but only if the victim is of color. God forbid that two white boys with concealed carry permits gun each other down. That would never make the news because there’s no worthy angle, and angles are the nature of news; black/white or white/black. Just like Hispanic/Hispanic doesn’t go far. There’s no racial edge.

We may question the motives of an angry white man leaving his son’s wedding reception where, I’m sure, alcohol flowed freely. We don’t know if Dunn even had a drop to drink, but we do know that a defenseless 17-year-old boy is dead. What sort of threat could any of the young men have been to the gunman? Why, if the shooter was so innocent, did he leave the scene and return to his hotel, only to drive home to Brevard County in the morning, where he was found and arrested? No one EVER shoots up a vehicle and leaves the scene unless they hope there are no witnesses.

Dunn entered a not guilty plea on Monday to charges of second-degree murder and attempted murder. His attorney said he acted responsibly and in self-defense. Shades of stand your ground! I can see it coming! At the precise second Dunn pulled out his gun, he felt threatened.

I feel that people like George Zimmerman and Michael Dunn make a mockery of the stand your ground law, but some dynamics are at work. While its intent may be all well and good, there are idiots who interpret SYG as a license to kill. They take more than the law into their own hands because, in both situations here, the shooter was the instigator, the judge, the jury and the executioner. It seems as if people like them believe they are wearing SYG armor and are impervious to prosecution. It’s called an arrogant sense of entitlement. Go figure.

Mark my words, Dunn’s defense team will subpoena Jordan Davis’s cell phone records. If the boy owned a smart phone, the defense will collect information from it; who he talked to, sent text messages to, and where he visited online. Rest assured, if he listened to Hip Hop music, used Hip Hop text language and visited gangsta sites, like all of today’s youth, he will be painted as a no good degenerate, just like the picture Mark O’Mara will try to portray of Trayvon Martin. It’s called character assassination. This leads me to an obvious segue. Please allow me to ‘splain. Yo, Yo, Yo…

§

Word on the street (and in the Orlando Sentinel) is that law enforcement has failed to download all of the data from Trayvon Martin’s cell phone, particularly what’s stored on the chip residing inside the phone. Why? Because the phone is still password protected. Tracy Martin, Trayvon’s father, knows the PIN, but he has yet to turn it over to authorities. There may be a few reasons for withholding that number, too, but what’s important to note first is that the defense does have information regarding the last few calls, according to Mark O’Mara. We’ll get back to that.

The gist of the matter is rather plain and easy to understand, but first the problem about perception. If Tracy Martin is keeping the PIN away from law enforcement, he must be hiding something, right? I mean, what else could the reason be? This would prove the kid was up to no good and deserved to be shot. George’s mission from God that night was to take out a boy who was clearly on a path of evil and destruction. Who knows how many people he would have harmed had he not been stopped right then and there; the night of February 26?

Yeah, right. How delusional.

If the Sanford police came to my door, showed me a photograph of my dead son and said he was killed in self-defense, only to find out later that the circumstances might not have been as law enforcement presented them; that my son was actually the victim instead, would I be inclined to trust them with any evidence at all? Remember, it was the Sanford police that insisted the screams for help came from Zimmerman, and when pumped for an answer to that very question at a most inopportune moment, Tracy said he didn’t think it was Trayvon’s voice. Is it? Is it? Well, is it? The man was in agony and denial at the time. What would anyone expect from a grieving father after recently finding out his son was killed and never coming back?

As time went on, it became apparent to Trayvon’s parents that the police were doing nothing to seek the truth regarding the death of their son. Things had deteriorated to the point that, on March 5, Sgt. Joe Santiago asked Tracy for the PIN, and his response was, at best, less than obligatory. He told the sergeant he’d check with his attorney. Three days later, during a March 8 news conference, Martin told the media he would not help the police because they were of no help to him. “My son left Sanford, Florida, in a body bag while George Zimmerman went to sleep in his own bed.”

What we must remember is that, while the PIN has been elusive, gaining important information from the phone has not. It was eventually sent to the Florida Department of Law Enforcement, where crime lab specialist Stephen Brenton was able to analyze the contents of the SIM and SD cards. Without the PIN, the data on the phone’s internal chip remains a mystery, but the two cards were revealing enough. From the Orlando Sentinel:

The information downloaded by Brenton at the FDLE lab “tells me the last few phone calls, but that’s about it,” [Zimmerman defense attorney] O’Mara said. “It looks like there is other information that I should have.”

This leads me right back to the heart of the matter. What difference does it make to anyone about the phone calls, text messages and Website visits Trayvon made days and weeks leading up to his death? O’Mara has records leading up to the shooting. What more does he need? Well, just like what I expect any criminal defense team to do, O’Mara’s goal will be to assassinate the character of Trayvon Martin. To what other end would it serve? That would mean Trayvon would die twice — once in real life and once in the courtroom — and if I were his parents, I’d do nothing to help the defense team. Absolutely nothing. Because everything will be taken out of context in a world where half-full becomes half-empty, and innocent texts between Trayvon and his mother could readily turn into a new and freakier Casey Anthony sideshow; where simple words become innuendo, perversions, and complete distortions of the truth. That would truly be heartbreaking.

Cross posted on the Daily Kos

Mark O'Mara's Speech at the Gun Rights Convention

I think I’ll pretty much just let this speak for itself. Bear in mind that  the video does go in and out of focus, so you may get aggravated occasionally. Maybe not. The sound is intact, and that’s the main thing.

I have two more speeches that were introductions to this one, by attorneys Eric Friday and Jon Gutmacher, but they are giving me some problems. I know this is the one you want to see the most, though. However, I do feel it’s important to bring you the other ones, and when (and if) I can fix them, I’ll present them here and on YouTube.

I hope this video generates great discourse. I must say that, while sitting in the room with him, he does give a good speech. At least, I think so, but you can see for yourself…

Also posted at the Daily Kos

The Labors of Social Ostracization

IT’S ALIVE! IT’S ALIVE! IT’S ALIVE!

“Osterman’s book and TV spot, although well-intentioned, are ill-timed and done without input and NOT approved by the defense.”

So said a recent @gzlegalcase Tweet from the George Zimmerman Legal Case website in response to the release of Mark & Sondra Osterman’s book, Defending our Friend: the Most Hated Man in America. Mark and his wife are the Zimmermans’ closest friends. Mark considers George his brother. It’s much more than just a mere bromance. From Dr. Phil’s interview:

“George had pure ideals, a nobility of character that I admired. I kind of wanted to be like him,” Mark says. “When I first heard that George had shot someone else, I was extremely shocked. I know that it would have been the absolute last resort.”

I sense a rather strange relationship between Mark O’Mara and his client. I’m certain that the attorney begged his ticket to fame and fortune to refrain from going on The Sean Hannity Show to spill the latest version of his face-to-face with Trayvon Martin. I think Osterman, Zimmerman’s own personal zenmeister, coaxed his li’l grasshopper to take to the airways. Unfortunately, that particular outing did absolutely nothing to enhance his credibility, but I suspect it was God’s plan all along to show the world exactly what made this grasshopper hop. In that regard, Osterman succeeded, and so did God, I guess, because li’l grasshopper ended up winning the hearts of no one. But don’t tell the Ostermans.

That’s why I am inclined to believe that this new book revelation came with George and Shellie’s blessings. Another shot. Any opportunity li’l grasshopper has to expose his name to glaring lights and stardom, he’s all for it. Cha-cha-ching! After all, he took this shooting as his ticket to paradise, as he and his wife alluded to in a taped phone conversation during his initial incarceration at the Seminole County jail, as the money kept rolling in:

“After this is all over, you’re going to be able to just have a great life,” Shellie said.

“We will,” George replied. “I’m excited.”

“Yeah, you should be. You should be excited,” Shellie said. “I wish you were here, of course.”

“I will be,” he said.

“Isn’t it crazy how something like this just makes you put everything in perspective in life?” Shellie said. “It’s amazing how insignificant the things we stress out over are.”

“I agree,” he replied.

Imagine that. They both agreed that the shooting death of Trayvon Martin was so insignificant, it was nothing to “stress out” over. Why, even the second-degree murder charge was nothing but a farce, and this is a complete contradiction of what Osterman told Dr. Phil. Oh, how George cried and cried. What this illustrates to me is that Zimmerman looked up to Osterman as his iconic mentor; the man who would justify his need to be a top cop. While I’m never going to infer that the 28-year-old set out to shoot anyone that night, he had convinced himself that it was a right thing to do given the right circumstances. He was trained. It was pumped into him and he was primed. What better way than to set those circumstances up the right way? His way. This would make him Osterman’s equal. Yes, this was God’s plan; this was his destiny. Osterman would be proud. And in the end, he was.

While I could ostracize the air marshal, I won’t. He has no idea what kind of Frankenstein monster he helped create. He only saw his student’s docile side. Granted, Osterman was once fooled by a con man when he and another Seminole County sheriff’s deputy met Juan Diaz, who convinced them he was a second basemen for the New York Yankees. Sure, the guy took them to strip clubs flashing money, and Osterman ended up losing his job over it in 1998, but that was a long time ago. Certainly, he wouldn’t be deceived again. Would he?

I think so. But still, I won’t hold it against him. Not personally. Even in the 1931 horror movie, we could feel some compassion for Dr. Frankenstein, who didn’t set out to create evil, but in the end, he still came to the beast’s defense and lost whatever innocence was left. While I am convinced Osterman is a fool for believing Zimmerman’s alibis, we all tend to put faith in our friends; some more than others, and there remains that inherent element of naiveté. We want to think people are well-intended. How many professionals — doctors, lawyers, airline pilots and, yes, federal agents — find out their spouses have been cheating on them long, long after the fact? Let’s face it, Zimmerman is a natural born liar. While you may question Osterman on his judgment, I think I’ll be looking at something else that hit me like a brick; something he said on the Dr. Phil show. It may be meaningless, but still…

“When I first heard that George had shot someone else, I was extremely shocked.”

Someone else? Just how many people has George Zimmerman shot? That triggered my alarm. Where was Osterman’s safety when he was shooting his mouth off? Oh, that’s right, he doesn’t use one. Straight from the hip. Just like li’l grasshopper.

TO EACH THEIR OWN

Speaking of the monsters we create, it’s easy to see what can happen when people let things get out of hand. Caution is thrown into the wind and trouble flares. During the entire time I covered the Casey Anthony case, I watched people go from friendly and mild-mannered to as loony as they come, all in the name of justice for a little girl they didn’t even know. Don’t get me wrong, we all seek justice, but people vary on how intent they are to get it and how far they are willing to go to prove it is their way or the highway. Talk about standing your ground. What is often neglected is that it is up to the court system to decide, not the public, as we shockingly found out when the jury came back with their verdicts at the end of Casey’s trial. Interestingly, as adamant as people were throughout that ordeal, how quickly they moved on.

Because I had a popular blog, I was subject to a lot of scrutiny. I think there’s another blogger who is quite aware of that now. Out of the woodwork came bands of miscreants determined to shut me down. I was gay, I had AIDS, I was a convicted felon and so were my parents. I was a plant for the defense out to take down the sitting judge. One woman had her grandchildren chanting “Death to Marinade Dave!” and she proudly told others. Everyone who dared comment on my blog became targets for attack. One was supposed to be thrust into a snow bank and left to die. It was the most disgusting group of people I had ever run into in my life. Ironically, these very people prayed deeply to God that justice would come for Caylee while they hypocritically spewed hatred on people they didn’t know from Adam.

Here we are, at it again. With Zimmerman, there’s the race factor. There’s gun rights. Emotions are running quite high across a much broader spectrum. There’s politics; liberals against conservatives and Democrats against Republicans, not to mention the NRA and Second Amendment rights. There’s a $10,000 bounty on Zimmerman’s head, dead or alive. We are witnessing character assassinations of the “n”th degree, with “n” being the word that most folks should have thrown away with the dirty bath water they washed their mouths out with long ago. Once again, people are getting hurt in so many God-awful ways. Ironically, one blog opens their day with The Lord’s Prayer before their brood goes on a self-righteous rampage on everyone and anyone who stands in their path. Trayvon was a drug addicted thug dealer with a history of violence. Every single word that comes out of the mouth of George Zimmerman is the Gospel truth. Every word. Yet, they really know nothing about him.

This is my opinion. What they talk about over there is their business. While I certainly disagree with their opinions, they have a right to discuss the case the way they want, although I do draw the line on spreading falsehoods and, particularly in this day and age, republishing copyrighted artwork that’s licensed to someone else, especially when it’s pirated from the website they are attacking that actually paid for the work. This is a real war, folks, and people are going to get hurt.

CLICK TO IMAGE TO ENLARGE

There are also blogs that are intent on implicating others in the crime. We saw it with Roy Kronk during the Casey case. The poor guy was run through the ringer because he found Caylee’s body. Even Leonard Padilla claimed Kronk was involved in some sort of intricate daisy chain. Kronk placed the body there, not Casey. How sad that people who do good things are sometimes burned beyond recognition by a false story that’s so fiery to touch, it blinds some to the truth. Sadly, his life will never be the same. Almost a hero, he’s also seen as a villain.

Look at one of the rumors that’s made the rounds of late. Someone was in the vehicle with George Zimmerman the night of the killing. It was Frank Taaffe. No, it was Shellie. No, it was Mark Osterman. Whoever it was, it has become Gospel to those “fact” finders who choose to buy into it. They need no proof because, so it was written, so it must be true. Call it the Lemmings Doctrine.

The problem with this sort of missive is that it can destroy a person. No doubt, Frank Taaffe has his own monsters to fight, and he certainly needs no further encouragement to go off the deep end, so why push him off the edge? Is it fun to belittle a teetering man?

The fact is, George Zimmerman acted alone. All by himself, he pulled the trigger. Why try to include others? In his book, Mark Osterman wrote that Shellie was at her father’s house at the time of the shooting. She immediately called him while he was out walking his dog in his own neighborhood. He was never at the scene prior to the police showing up. Whether you choose to believe him or not is your own prerogative, but I base my opinion not on what he wrote. Instead, I use common sense, just like what generally guided me throughout the Casey Anthony case. I take my guidance through documentation, evidence and the State. Nothing points to anyone else. Not one shred of evidence.

For example, every piece of trash in the woods where Caylee’s body rested was not attributable to her. That old worn out tire did not come off her car. There was no proof the needle in the bottle ever touched her hands. The State of Florida never used it in any of their documents, and that’s where I put my faith. Nowhere in this present case has the State mentioned an accomplice at all, and until they do, the thought of it is not plausible.

In the meantime, we are not put here on this earth to make a mockery of others, are we? Take it from one who knows; one who’s experienced it — it’s not fun being the target of incessant, never ending ridicule, abuse and lies that lead nowhere but down, especially coming from people hiding behind some really strange faith in a god that not only encourages it, but seems to relish in it. That’s not my God, and it’s as much of a mockery of God as Zimmerman telling Sean Hannity that the shooting was God’s will. How ludicrous.

Tree hugger, Tray hugger, what’s the difference if it’s nothing more than a stupid mind game where all that matters is that YOU win? Plow into everyone in your path!

Cross Posted on The Daily Kos

The Misconception Of A Stand Your Ground Hearing

Right after Judge Lester was removed from the bench, Mark O’Mara said he would likely schedule a “stand your ground” hearing sometime next year. On August 31, Rene Stutzman of the Orlando Sentinel wrote:

Nelson will now be the judge who must decide whether Zimmerman, who is charged with second-degree murder, is entitled to immunity under Florida’s much-debated “stand your ground” law, which allows anyone with a reasonable fear of imminent death or great bodily injury to use deadly force against an attacker.

Defense attorney Mark O’Mara has said he would likely schedule that hearing next year.

“It will take a tremendous amount of judicial courage at this point to throw the case out following an immunity hearing,” said Winter Park criminal-defense attorney David Faulkner. “My guess is that any judge, Judge Nelson or otherwise, is going to let a jury decide this issue for the benefit of the public.”

Of late, there’s been a lot of discussion and, perhaps, some arguments, over the difference between filing a stand your ground motion and a Motion for Declaration of Immunity and Dismissal. In essence, they are nearly interchangeable; sort of like buying a GM or Chevy vehicle. You can’t have a Chevy without GM, but it doesn’t work the other way around. Without the stand your ground law, there would be no immunity and dismissal motion applicable in this case. In other words, the important thing to remember is that the immunity and dismissal motion is based on Florida’s stand your ground law, F.S. Statute 776.032: Immunity from criminal prosecution and civil action for justifiable use of force, which states:

A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer… As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

Initially, the Sanford Police Department followed the tenets of the stand your ground statute by not placing George Zimmerman under arrest, but that act did not mean he was free from future prosecution. Now arrested and charged, Zimmerman has a right to file the immunity and dismissal motion based on the statute. F.S. 776.012 states:

Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.

Right now, we will pay particular attention to 776.012(1) and whether or not Zimmerman was right to believe that firing his gun into Trayvon Martin’s chest was necessary to prevent imminent death. After all, he said he was being pummeled to death by the teen. We will ignore 776.013 because it addresses the unlawful and forceful entering of “a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle…” 776.031 doesn’t apply, either, because it covers the use of force in defense of others.

Before going into F.S. 776.012, it’s important to first mention F.S. 776.041 and the “Use of force by aggressor.”

 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

Here is where some of the confusion may originate over stand your ground and immunity. By most witness accounts, and certainly something the State can clearly establish, the fight did not end where Zimmerman described. Trayvon’s body was found 30-40 feet south of the “T” joining the east/west sidewalk with the north/south one. Witnesses will testify that there was a scuffle with people running and yelling. Who was chasing whom is not relevant at this point because, once able to escape, Zimmerman chose not to. After all, he was the man with the gun. The bottom line is, he cannot prove that Trayvon cold-cocked him there at the “T” intersection. Furthermore, he cannot prove that’s where the fight ended with a bang, as he showed in his reenactment the next day. His best bet is to not bring it up at a dismissal hearing and that means the State will not be able to address it. That’s why, in my opinion, the Defense made an “adjustment” in its strategy, and it’s what led to the confusion over stand your ground and the impending dismissal motion.

At some point, the Defense realized it stood a better chance if it heeded F.S. 776.041. Where the Defense would most likely falter during a Motion for Declaration of Immunity and Dismissal hearing lays in (1) and the first part of (2) in 776.041. Why? In (1), will the Defense be able to factually establish that their client was not the aggressor, who forced himself upon the victim, therefore committing a felony? The shooting at the “T” has been debunked by evidence. The gunshot took place far enough away to establish that Zimmerman’s story is false. If the Defense goes in that direction, so will the State, and Bernie de la Rionda will have every right to do so. And, boy, will he ever!

There’s a big word in (2)… unless, and here’s where it will come into play. Let’s move south. For sure, there was a fight, and since no one can really prove who was on top and who was on the bottom, it’s important for the Defense to lay claim that Zimmerman was on the bottom, being beaten to death. I don’t believe (2)(b) will apply because there’s no testimony by the defendant that he attempted to withdraw. He will most likely assert that his mouth was covered and couldn’t speak, but if he does, the State will counter with the lack of evidence; there was no blood, saliva, or any of Zimmerman’s DNA on the victim’s hands. The Defense will not be able to prove it, any more than it will be able to prove that their client was the one yelling for help. If they try, the State will mention that the screaming stopped immediately after the gunshot while Zimmerman stated that he continued yelling for help as he spread the victim’s lifeless hands away from his torso.

Let’s try (2)(a) instead. Bingo! Here’s Zimmerman’s greatest hope. By claiming, which he has all along, that his life was in danger and that he had exhausted all means to escape, he had no choice but to shoot. OK, fine, but how did he gain access to his gun? The only way to explain it is to show the judge exactly how he did it, and the only person who could do that is George. Without taking the stand, he can’t do that because the video reenactment is too sketchy. If not that, then what’s left?

The medical records.

Yes, let’s just say that Zimmerman did have a fractured nose, meaning broken to some extent. The ARNP who diagnosed him was qualified to do so, and that’s what she wrote in her report:

1. Scalp Lacerations: No sutures needed given well-approximated skin margins. Continue to clean with soap and water dally. We discussed the red flag symptoms that would warrant Imaging given the type of assault he sustained. Given the type of trauma, we discussed that it Is imperative he be seen with his Psychologist for evaluation.

2. Broken Nose~ We discussed that it is likely broken, but does not appear to have septal deviation. The swelling and black eyes are typical of this injury. I recommended that he be evaluated by ENT but he refused.

Review of Systems:

Constitutional Symptoms: Denies fevers and/or chills.

Eyes: Denies loss and blurring of vision, diplopia.

Ear, Nose, Mouth, Throat: Admits nose pain. Denies hearing loss, tinnitus.

Cardiovascular: Denies palpitations, chest pain/pressure.

Respiratory: Denies shortness of breath.

Gastrointestinal: Denies abdominal pain, nausea and/or vomiting.

Integumentary: Admits- (Scalp lacerations).

Neurological: Admits head trauma. Denies tingling, numbness, weakness, headache, dizziness, speech difficulty, gait disturbance, loss of consciousness.

Psychiatric: Admits stress. Denies suicidal thoughts or attempts.

Nothing in that document paints a portrait of a person remotely close to death the day before. Even the Sanford Fire Department EMT report from the night of the incident showed nothing life threatening. Patient Conscious. Breathing normal. No external hemorrhaging. Mucous membrane normal. Extremities normal. Abrasions to his forehead and bleeding/tenderness to his nose. Small laceration to the back of his head. All injuries have minor bleeding. If you combine both reports, it doesn’t help the defense because Zimmerman cannot, in any way, shape or form, establish that he was remotely close to death, and if he tries, he opens a can of worms the State is going to take full advantage of.

§

Back to the matter at hand — the legalities. Enough of the medical. If Zimmerman can factually establish that his use of deadly force occurred under the circumstances outlined in the above statutes, he could walk. Peterson v. State, 983 So. 2d 27, 29 (Fla. 1st DCA 2008) showed that F.S. 776.032 established a true immunity and not just a justification for what he did. According to the Jacksonville law firm, Hussein & Webber’s website:

The Court stated that, when immunity under the law is properly raised by a defendant, the trial court (at a hearing) must decide the matter by confronting and weighing only factual disputes.  Petersen held that a defendant may raise the question of statutory immunity pre-trial and, when such claim is raised, the trial court must determine whether the defendant has shown by a preponderance of the evidence that immunity attaches. Unlike a motion to dismiss, the trial court may not deny a motion for immunity simply because factual disputes exist.

The main issue in this case will be whether or not Zimmerman will be able to show enough evidence to establish immunity. Once again, I must reiterate what I touched on in The Prince and the Pea: Subjective or Objective Fear in the Petitioner? Was Zimmerman’s fear subjective or objective? Was he correct in fearing for his life or did he just panic? That’s the difference, and there’s a huge distinction between the two and whether or not immunity applies. Of course, there’s one more thing that could only be brought up at trial; did George Zimmerman shoot Trayvon Martin in cold blood? For that reason alone, and for the lack of evidence showing “by a preponderance of the evidence,” Mr. O’Mara had better be preparing his client for trial. I see it no other way.

Cross posted on the Daily Kos

A Full Nelson?

On November 6 of this year, Americans who are registered to vote will have the opportunity to elect the next president of the United States. This may or may not include hundreds of thousands of illegal aliens and half the roster of dead people in the city of Chicago, but that has nothing to do with the context of this post.

If President Barack Obama prevails, he will have another four years in the White House. If Mitt Romney wins, he will be sworn in as the 45th president on January 20, 2013 — Inauguration Day. How this election fits in with the topic du jour is quite simple. There will be a smooth transition between the outgoing and incoming members of the executive branch. It’s the same as it’s almost always been since the inception of this great country. Every four or eight years, we witness this peaceful transference of power, and the country never skips a beat.

It’s the same with the George Zimmerman case. In a 2-1 vote, the Fifth District Court of Appeal rendered its decision regarding Judge Kenneth R. Lester, Jr. 

PER CURIAM.

George Zimmerman petitions for issuance of a writ of prohibition. This is the proper mechanism for challenging the denial of a motion to disqualify a trial judge. See, e.g., Lusskin v. State, 717 So. 2d 1076, 1077 (Fla. 4th DCA 1998). Reviewing the matter de novo, see R.M.C. v. D.C., 77 So. 3d 234, 236 (Fla. 1st DCA 2012), we grant the petition…[.] Accordingly, we direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge.

PETITION GRANTED.

While some may gloat over the decision to remove Lester from this case, I most certainly do not. I feel that the judge scolded Zimmerman and nothing more. I am convinced that he would have soldiered on, putting that reprimand behind him. He would heve continued to rule judiciously and fairly, but that’s old news now; what’s done is done. There’s no point in arguing over the how and why of it. While we had our discussions and disagreements over the motion to recuse and subsequent writ of prohibition, today, it is nothing more than water under the bridge, and it’s time to move on.

I am convinced that, just like our election process, there will be a very smooth transition from Judge Lester to the person Chief Judge Alan A. Dickey names as his successor. Who will it be…?

First of all, let me explain what I know about the inner workings of a courthouse, having some experience in it. 

At the very beginning of the Casey Anthony case, Ninth Circuit court Chief Judge Belvin Perry, Jr. asked several judges if they’d be willing to take the case. One by one, they said their dockets were too full. Keep in mind that these were judges working the criminal division, not civil. Judges routinely rotate between criminal and civil every two years or so. No one wanted the case. Perry then turned to someone else. He made a wise choice when he asked Judge Stan Strickland to take the case. You are one of my best judges and, most certainly, extremely qualified to handle it. Strickland agreed, despite having recently moved from criminal to civil. It’s important to note that Strickland continued to hear civil cases, too. Judges, like criminal defense attorneys and prosecutors, are not narrow-minded or restricted. Like servers in a restaurant, they can wait on more than one customer at a time. Trust me, to Judge Lester, the Zimmerman case was just a job and nothing more. What happened to him is part of the process.

When the first judge in the Casey Anthony case was asked to step down, he did so without argument. Why he did it is of no relevance in the Zimmerman case. What matters now is, where do we go from here? When Judge Strickland removed himself from the bench, what happened next was somewhat revealing and it will be similar, if not identical, to the type situation that Judge Dickey is faced with today.

[Since this writing, Judge Debra Nelson has been named to replace Judge Lester.]

During the Anthony mess, media pundits were reporting that, generally, chief judges take on highly problematic cases. Judge Belvin Perry certainly did end up doing just that, but in the interim, it was far from as simplistic as the news actually reported. Behind the scenes, Perry was asking his Orange County circuit court judges to take over the case. I will never reveal how I know that, but it came from more than two sources — all at the top. One-by-one, they turned him down. Do you see the caseload I’m sitting on? I’ve got over 3,000 cases on my docket right now, was the common mantra. Ultimately, Perry was left with no choice. It was, after all, a most problematic case and, reluctantly, he decided to take the helm. The rest, they say, is history.

§

In one of his recorded phone calls from jail, Zimmerman discussed what judge he wanted with his wife, Shellie. This was just as Mark O’Mara signed on to defend him, so it was an early conversation. Zimmerman hoped to get retired judge O.H. Eaton. Eaton has a sterling reputation as a fair judge, levelheaded and extremely knowledgeable in law. What Zimmerman knew about him then is a mystery, but even I was aware of it.

He ain’t gonna end up with Judge Eaton. And I’ll tell you why I think that. Eaton is a retired judge. That’s not to say he’s too old. It has nothing to do with that. Retired judges are not salaried. Retired judges are freelancers. They make a lot more $ per hour than sitting judges. This trial is at least a year away. Would the taxpayers of the 18th District, particularly voters in Seminole County, agree to that kind of arrangement? Granted, you couldn’t end up with a better judge, but would he be willing to take on the task if asked? He doesn’t need it. He’s the kind of retired judge who listens to cases to take the burden off other judges, but they are not major cases like this one. If Dickey runs out of judges in Seminole County, better yet that he would discuss this matter with some of his active judges in Brevard County before handing it over to someone outside of his circuit. Technically, Eaton is no longer active.

One of the names being bandied about is Seminole Circuit Judge Debra S. Nelson. She is every bit as qualified as Judge Lester to sit in judgement of Zimmerman. As a matter of fact, she is most deserving because she is also a no-nonsense judge who was appointed to the 18th Judicial Circuit in 1999 by then-governor Jeb Bush.

In 2007, Judge Nelson presided over a rape case. The accused male, then 41, was eventually convicted of dragging a 10-year-old girl into the woods, choking and raping her. It might be interesting to note that the perpetrator, Antonio Rosales, was in the United States illegally. Also, during the trial, he confessed to murdering a woman in Tucson, Arizona.

While his trial was under way, he went berserk in the courtroom:

His defense attorney, Tim Caudill, moved for a mistrial. He claimed that the outburst tainted the jury. Judge Nelson rejected that, and upon sentencing, she did something unusual. Let me preface this first. Because of the girl’s age, in rape convictions, the charge carries a mandatory life sentence. Judge Nelson decided to take it two steps further. She added two additional life sentences, but she never gave a reason why. To this day, the sentence stands. (See also: Orlando-area jury convicts illegal immigrant of 2003 child rape)

What’s most interesting to me is that Judge Nelson has a reputation for setting harsh sentences. In George Zimmerman’s case, he’s facing a mandatory 25-years to life in prison. That’s because of the 10-20-life law enacted by Governor Jeb Bush in 1998. It’s sometimes referred to as “Use a gun and you’re done” law. According to Florida’s 10-20-life statute, anyone who pulls a gun during a crime receives:

• Felon in possession of a gun - mandatory minimum 3 year prison sentence
• Brandishing a gun in the commission of a crime - mandatory minimum 10 year sentence
• Discharging a gun in the commission of a crime - mandatory minimum 20 year sentence
• Injuring or killing another person in the commission of a crime, by discharging a firearm - 25 years to life in state prison

Just ask Marissa Alexander, a young Jacksonville mother who was convicted of three counts of aggravated assault and sentenced to 20-years for firing a warning shot into a wall during an argument with her husband. She lost her Stand Your Ground motion and she had, what appears on the surface, to be more of an excuse for pulling the trigger than Zimmerman will ever be able to conjure up. Incidentally, the prosecutor during that case was none other than Angela Corey. She said that Alexander was angry and reckless the night of the shooting, not fearful of her life. She will bring the same argument into court when Zimmerman files his immunity motion. Was he more angry or afraid? If in fear, was is objective or subjective?

Judge Lester ruled judiciously and so will his successor. Whoever Zimmerman ends up with, that’s it. There will be no more musical benches, and who he gets will not be singing anything in his ears. He may be laughing today, but his silly games are now over.

Just for your information, In 2012, Judge Lester was deemed the best judge in Seminole County (in all categories) by his peers of criminal defense attorneys and prosecutors. So was another judge in Orange County back in the day. Oh well. If Judge Dickey decides to take the case, it’s not going to be any easier than Nelson or anyone else. Judges are not amused by the antics of George Zimmerman. Of course, that’s my opinion, but I am allowed to be judgmental… or let me say, I am allowed to say so. So will the next judge. Zimmerman is plum out of dismissal motions.

Click to enlarge image

ORDER GRANTING DEFENDANT’S VERIFIED MOTION TO DISQUALIFY JUDGE

This article was written prior to the court’s decision regarding Judge Debra Nelson.

I Can't Get It Out Of My Head

I’ve owned a lot of MGB-GTs over the years. If I could ever love a car like a woman, that would be it. In the early 70s, I owned a red MG like the one in the above picture, wire wheels and all. Late one night, I was cruising home — well above the speed limit — on a winding country road. I was as sober as a judge. Suddenly, I lost control. The car swerved left, flew up an embankment, and flipped several times before coming to a rest in an upright position in a cow pasture. Why none of the wooden fenceposts I took out came through the windshield is beyond me. I saw them, and I distinctly remember watching the windshield pop away, with the open field of dirt and grass coming perilously close to my face as the car rolled. My skull banged into the unpadded headliner like a soccer ball bouncing wildly inside an old Whirlpool dryer. 

When it was over, I climbed out of the now demolished vehicle and hobbled over to the single-lane road, hoping someone would come. It was probably close to midnight. Within minutes, I heard an approaching vehicle and as it neared me, I could see I was, quite literally, drenched in blood all the way down to my knees. With my feet planted firmly on the paved road, I stood my ground, waving my arms in the air. There was no way I was going to let that car get around me. Thank God, they stopped.

Did I think I was going to die? No, I don’t think so. Did I wonder if I was more injured than I felt? The thought probably crossed my mind. What I do know, though, is that I never lost consciousness and I never panicked or overreacted. 

When I got to the hospital, I remember getting a head x-ray at some point. In what order, I can’t say, but it wasn’t until the emergency room doctor examined me that it was discovered what the source of all the blood was — a quarter-inch cut just above my right temple. I may have looked like I was near death, but I wasn’t. Of course, the doctor pulled a few shards of glass out of my scalp and I continued to do so for weeks and weeks after the accident. I was banged up quite a bit, but overall, I was in good shape. No concussion or any significant damage to speak of.

Oh, what I’d give to own another red MGB-GT…

But that’s not my point. I think it’s obvious to everyone that any type of cut to the head will produce a lot of blood, and in most cases, it looks worse than it usually is. That’s my point, and it’s the way I feel about George Zimmerman’s injuries the night of the shooting. He looked worse than he was and it wasn’t even close to how awful I looked the night of my wreck, and to be perfectly honest, the fear of death never crossed my mind. It did the next day, after I saw what was left of my car and I realized how close I came. Luck or God or something was on my side that fateful night and, to this very day, the experience is still quite vivid in my mind.

— § —

Below are a series of photographs of George Zimmerman taken inside the Sanford Police Department the night of the shooting. While I agree there was some sort of scuffle, I do not feel it ever reached a level where it was life-threatening for anyone until the gun was introduced. At the same time, I understand that we all have different pain tolerances. There is also a problem with when to say when. By that, I mean I wouldn’t expect Zimmerman to be beaten to a bloody pulp before retaliating. However, at what point should a person say enough is enough? When is the line drawn?

Does this look like a man with a broken nose? Does the back of his scalp reflect someone whose head was bashed into a sidewalk over a dozen times, as he told Sean Hannity? Is this the face of a man who, moments earlier, was teetering on the edge of death?

These are some of the questions that will arise during the ‘Stand Your Ground’ hearing. While I don’t see the types of injuries Zimmerman said he sustained, what do you think? In my opinion, these pictures reflect what any normal person in Trayvon’s situation would have done on that night. He would have STOOD HIS GROUND and fought for his life. De hombre a hombre. Until the gun was fired.

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.

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.

ZIMMERMAN: I'M SORRY, BUT IT WAS GOD'S PLAN

Statement from Martin Family:

GZ said that he does not regret getting out of his vehicle, he does not regret following Trayvon, in fact he does not regret anything he did that night. He wouldn’t do anything different and he concluded it was God’s plan.

Tracy Martin: We must worship a different God because there is no way that MY God would have wanted G. Zimmerman to KILL my teenage son.

§

Yes, George Zimmerman did say both, but not in that order. God came first — then the apology. Throughout the interview, he kept his eyes on the host, Sean Hannity, but when he was offered the opportunity to give his final thoughts with a minute or two left, he turned to face the camera, just like a seasoned politician. My fellow Americans… This dude is one smooth operator, but fortunately, he thinks more highly of himself and about what he did than most people’s perceptions. He’s good, but he’s no pro. Ironically, I do believe he and Mark O’Mara are reeling in the money after tonight’s performance because we live in a time when you can make a fortune off your dead victim. How sad.

I’ll tell you, while most reasonably sane people understood Jim and Tammy Faye Bakker and what made them tick, their flock kept right on flocking and the dumb kept right on donating. The main difference between Zimmerman and Tammy Faye are the make-up and tears. Well, I think there’s another distinction and it’s an important one. Had Tammy Faye been around The Retreat at Twin Lakes that fateful February night, God rest her soul, she most likely would have marched right up to Trayvon and asked him what he was doing. She was a feisty one. She would have asked him to pray with her, too. Then, she would have asked for money. George, on the other hand… he just wimped out.

Hannity went easy on him. He could have asked questions about why Trayvon’s body was found farther south from where the confrontation took place, according to his account; how he managed to get the gun out of the holster upside down and fire directly (meaning straight) into the victim’s upper chest; and how the boy’s arms were tucked neatly under his body the way they fell, when he showed investigators during the reenactment how he spread them out and away from his sides. There have been so many inconsistencies in his stories but, like political interviews, I suppose, there will always be questions that remain off-limits. I understand — there’s a trial ahead — but I still believe that George Zimmerman will never, ever admit that what he did was wrong, and tonight he proved it. He said he was sorry about what happened, but quite absent was an apology for what he did; he got out of his vehicle with a loaded gun. Instead, he asked for apologies from Al Sharpton and Spike Lee for calling the shooting a racial crime.

PFFFFFT. As if he would ever be the one to say I’m sorry to.

Oh yes, he’s good, alright, but even after he clarified his ethnicity by saying he’s caucasian and Hispanic, he made it a point to call himself an American first; above and beyond. Well, Yankee Doodle Dandy, George, you sure do know how to touch the masses. I don’t think you’ll ever be president, but after tonight, I’m not quite sure how you feel about that.

(The interview was held today at an area hotel and there was no monetary payout according to both parties. Zimmerman denied ever knowing about “Stand Your Ground” prior to the incident, and neither Zimmerman or O’Mara solicited donations on the show.)

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?

§

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.

§

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

George's Reenactment and other links

Some rather interesting information was published today. Until I can decipher it all, please add your links and discuss the day’s events here. I’m trying to make sense of it. We all are.

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