Zimmerman Trial - Day 9

by Paul Siciliano


8:26 am  - Well, we are supposed to have an 8:30 start today.  The judge really is moving this along.  This is not like the Casey Anthony or Jodi Arias trials.  

 8:35 am  - Having some trouble opening the evidence locker.  

8:40 am  - First up, Sybrina Fulton - Trayvon's mother.  I really cannot see a cross examination here. 

 8:46 am - The sidebar continues.  I wonder if Zimmerman will look at Fulton - or what the defense team told Zimmerman to do.  Zimmerman has had some sort of fatalistic view of this shooting - God's plan.  

 

 

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8:53 am  - Wow, even Martin's tattoos are sympathetic.  She also notes that Martin is right handed - which is important with respect to whether he reached for the gun.  You would assume Martin would reach for the gun with his right hand which means he would have to go over Zimmerman's body.

9:01 am - What is O'Mara is doing?

9:05 am - Sybrina is subject to recall, as soon as they open up the evidence locker.  Next up - Jahvaris Fulton, Trayvon's brother.

 

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9:09 am  - Jahvaris recognized the screams on the phone to be that of his brother. 

 9:17 am  - Time to see if O'Mara is able to impeach Jahvaris.  

9:22 am  - No playing of the interview for the jury.   O'Mara cannot impeach the witness yet.  O'Mara jumped the gun.  

9:40 am  - Wow, it really takes this log to break through a lock.

9:50 am  - It looks like the locksmiths finally broke the lock to the evidence locker.

9:52 am  - Yay!  We are back.

9:58 am  - Kind of scummy to say that Tracy left the home, divorce is not that uncommon.

9:59 am  - I don't like this cross either.

10:03 am  - Sybrina is back.  These sidebars must deal with evidence in the locker.  I think the State likes keeping Sybrina up on the stand.  

10:16 am  - So, they wanted Sybrina to identify the button that Trayvon always wore.  Hmmmm. . .

10:17 am  - Next up, the medical examiner - Shipaig Bao.

 

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10:22 am  - Seriously, I wish his English was better.  

10:34 am  - Interesting, Martin was still in pain and suffering after he was shot.  Conventional wisdom was that he died at the moment of the shot.  This cuts both way.

10:36 am  - A lot of this will go into chain of custody and foundation.

10:40 am  - I guess we won't see the pictures which is appropriate.

10:50 am  -  Ahh, I get it - there should be wounds on the right hand since Martin was right handed (you would make your first punch with your right hand).

10:52 am  - Martin was alive 1-10 minutes from the gunshot.  

10:53 am - Straight shot through the heart.

10:56 am  - Intermediate range is 0.4 inches to 4 feet.  Dr. Bao is a talker.

10:59 am  - Cross should be fun on this witness.  Dr. Bao believes the muzzle to be loose contact with the clothing.  

11:03 am  - Even though Martin was alive for 1-10 minutes, Dr. Bao believes that Martin could not move after the shot.  

11:07 am  - Dr. Bao could not determine when abrasion on Martin's hand could have occurred.  

11:13 am  - Quick 10 minute recess until the cross.

11:22 am  - One interesting thought during the recess - if Martin is bashing Zimmerman's head against the sidewalk, Martin should have some damage to his hands.  Part of his hands/fingers should have come into contact with the concrete.

11:25 am  - We are back, and since this Don West doing the cross - it will be methodic (read boring).  

11:28 am  - The fact that there were no plastic bags on hand because that demonstrates that those on the scene did not see blood on Martin's hand - that is why it was not done.  

11:36 am  - This is fun.

11:49 am  - This is crazy.  I love how incompetent everyone is.  

11:51 am  - Why oh why is Dr. Bao taking personal notes to read from on the stand?

11:53 am  - Here is the shame of this case - when all of the shoddy police and forensic work was done, everyone was assuming it was a self defense case.  It is a tough position for the State because now the defense is using that shoddiness against them, even though the shoddiness was working off the lies Zimmerman told them.  

11:56 am  - Lunch time - it is interesting to see what is in the notes.  Still, this man has testified for the state numerous times so I don't know why he made such a stupid decision.  

12:29 pm  - During this lunch break, I was thinking of the importance of Martin being right-handed.  If Martin's right hand is the dominant hand then he should have some cutting or abrasions on the right hand.  Also, and I noted this earlier - if you are holding someones head and smashing it against the concrete - your hands are going to come into contact with the concrete.  Finally, and importantly, if Martin was right handed, and he allegedly reached for Zimmerman's gun, he would do so with his right hand which means he is coming across Zimmerman's body - that should at least twist his body enough to prevent a direct shot.  I am also thinking about how these counties in Florida need better medical examiners.  The fact that some of the work was shoddy is bad but not fatal - it can only explain the possible lack of forensic evidence.  At the same time, and too bad you can't argue this, the work was shoddy because they just assumed Martin was some thug up to no good.  They were not investigating this as a murder at the time.  It seems to me that the investigators were looking for just enough to corroborate Zimmerman's story.  

1:02 pm   - We are back with a sidebar.  I am not sure of what to make of Dr. Bao's notes.  It was a stupid thing to do, but I don't think it is damaging unless the script says something different than the notes.  The weird part is I figured on early on he was reading from a script.  Why did it take so long for them to figure it out.  

1:30 pm - Maybe we will find out what that sidebar was all about.  Proffer time.   

1:33 pm  - This is the second time someone used retarded during trial.  Now, whether Martin could have lived 1-3 minutes or 1-10 minutes after being shot really is not important to the case. 

1:43 pm  - We are having a Richardson hearing to see if the State held anything back.  This Bao guy is a joke.  I will call this a CYA session on his part.  

1:47 pm  - No Richardson violation.  The State did not have information that was not passed onto the Defense.  I believe it is a Brady violation at the federal level.  

1:49 pm  - Also, the judge will not allow evidence of the effects of the levels of marijuana in Martin's blood stream.

 1:53 pm  - Finally, we are back with cross.  

2:00 pm  - Dr. Bao cracks me up.  He doesn't remember anything from the autopsy.  Let's just look at the report and move on.  

2:07 pm  - We will be lucky if the State will rest today.  :)

2:11 pm  - The Defense is trying to suggest that the photographs of the palms were not taken - must be hiding something.  Bao responds that they do not photograph parts of the body if they do not see anything of interest.  

2:22 pm  - BMI is too depressing for people.  It makes us all obese.  

2:24 pm  - I am sure the Defense is setting up for an expert witness who will testify that Martin could live longer after the shot or move.  This will be battling experts.  

 2:32 pm  - I love the multi-cultural aspect of this case.  West is doing the classic lawyer work of muddling information.  

2:38 pm  - How could something be a contact wound to skin if a person is wearing clothes?   

2:46 pm  - West is trying to set up what his expert is going to say.  So, basically is dealing with a lot more information than Bao which is what is making this painful.  

2:47 pm  - Could be almost be done with cross????  Nah, it can't be.

2:57 pm  - Dr. Bao is excused, subject to recall.  Please, don't recall him - I assume that will be during the rebuttal.  

3:01 pm  - During this recess, I was thinking that it is probably not a good idea to suggest that Martin somehow got his arms under his body after Zimmerman got off of him, because it seems unlikely that Zimmerman would leave a body that he doesn't think he shot with his gun holstered.  Something with Zimmerman's story does not add up here.  Either you know you shot him and he wasn't moving, or you don't.  

3:13 pm  - A few evidentiary matters before the State rests.

3:18 pm  - Judicial notice of the weather reports.  

3:21 pm  - Now, oral argument on motion to dismiss.  Cool we get to watch.  It will not be granted of course - it almost never is.

3:31 pm  - I was always taught that when you use too many adverbs (apparent, clearly, etc.) that you are grasping.  

3:43 pm  - Wow - this goes on too long.  I prefer oral argument when the judge asks questions, but I get why she is not.  

3:57 pm  - O'Mara misses the point on ill will - it was developed when Zimmerman first saw Martin - and never answered that.  

4:05 pm  - I didn't know that the homework assignment we he says that he wants to be a law enforcement officer to hunt people down and prevent them from getting away.  

4:43 pm  - Well there will be no defense case presented today.  This oral argument is going to go at least until 5.  

4:44 pm  - I think O'Mara is giving up more of what he is going to say in summation than the State.  The State does seem to be holding back inconsistencies and the like.  

4:52 pm  - If I was the jury, I would at least want to hear one witness.  I mean, why call it a day - you have been sitting back the entire time.    Oh yeah, motion for acquittal denied - no surprise.  

4:55 pm  - Of course the jury wants to go forward.  First defense witness - Gladys Zimmerman - George's mom.  Of course she will say the voice is her sons.   

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4:57 pm  - Sidenote - I don't think O'Mara should say on closing argument that Trayvon caused his own death - it is good in front of a judge, but I don't like that with a jury.

4:59 pm  - I wonder how the State crosses Zimmerman's mother.  The State did a better job - just asked one/two questions.  Mrs. Zimmerman may have been too descriptive about anguish and fear - how do you get a perfect shot.

5:03 pm  - That was quick.  Next witness, Jorge Meza.  

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5:05 pm  - Mesa is Zimmerman's uncle.  He is going to voice ID the tape also.  

5:09 pm  - Mesa claims he just accidentally heard the 911 call on the TV, did not know what the report was about and knew it was George.  This is a little too strange for me.

5:11 pm  - Interesting testimony.  Let's see how this is handled on cross.  I want to object, I just don't know the basis.

 5:13 pm  - So, he heard the scream and claimed it was George without it knowing it was George, even though he never heard George scream like that before.

5:14 pm  - Re-direct, O'Mara is focusing on Meza's veracity - that is interesting.  If you have to do that with a witness, you know the story is a little incredulous.  

5:17 pm - Meza is off the stand - I think we are done with witnesses id'ing the voice, which is probably why O'Mara may want to end for the day.

5:20 pm  - And we are done for the weekend.  Since I will be working out of the home next week, I can't do this type of blogging.  What a shame.