Trayvon Martin Case

[JoeRedskin]

Well, the prosecutor had me right to the point he started askiing a bunch of rhetorical questions...

FWIW: Here's a poll from HLN. Has the defense created enough reasonable doubt to get Zimmerman off? | HLNtv.com

[NOTE: Although I think the title is phrased in a legally incorrect manner, I agree that, from a practical aspect, it's how the jurors will likely judge the evidence].

[Gary84Clark]

It does not matter that no one witnessed you killing someone. Hernandez can't claim self defense. why? How do we know Oden did not attack him? No one saw it and no one knows. Hernandez could say self defense. Zimmerman shot and killed an unarmed person. The rest is a mystery.

[CRedskinsRule]

Originally Posted by Gary84Clark

It does not matter that no one witnessed you killing someone. Hernandez can't claim self defense. why? How do we know Oden did not attack him? No one saw it and no one knows. Hernandez could say self defense. Zimmerman shot and killed an unarmed person. The rest is a mystery.

Well it may come down to things like circumstances being different, execution style shooting(though I guess Oden may have ninja talents), one of the guys in the car saying that Hernandez said he shot him (not in a self defense kinda way).

But I guess it's his right to try.

[Chico23231]

Originally Posted by Gary84Clark

It does not matter that no one witnessed you killing someone. Hernandez can't claim self defense. why? How do we know Oden did not attack him? No one saw it and no one knows. Hernandez could say self defense. Zimmerman shot and killed an unarmed person. The rest is a mystery.

Hernandez looks premeditated, but that for another thread. you go with guys to pick him up and drive to an empty lot? I mean thats straight from a Sopranos episode.

[Gary84Clark]

Originally Posted by Chico23231

Hernandez looks premeditated, but that for another thread. you go with guys to pick him up and drive to an empty lot? I mean thats straight from a Sopranos episode.

true

[CultBrennan59]

Here's something to think about, if Trayvon shot Zimmerman, I don't think would of ever heard anything about it.

[Gary84Clark]

Originally Posted by CultBrennan59

Here's something to think about, if Trayvon shot Zimmerman, I don't think would of ever heard anything about it.

You are right because Trayvon would have been in jail. This trial got so much press because Trayvon's body lay in a morgue for almost a week and no one notified his parents as to his whereabouts. He had a celphone on his possession but no one called the contacts labeled mom and dad. They were gonna bury him in an unmarked grave. Zimmerman was going to go on happily ever after and never have to face trial for Martin's death. The hoopla was to just get a trial period. The chief last his job because they were not going to even contact Martin;s parents about the incident. He would have just been "missing" to his parents. That's where all the attention comes from.

[Hog1]

A........hush fell over the crowd...

[JoeRedskin]

Good strong closing for the prosecution. Highlighted the inconsistencies and lies and tied them tightly to the elements. Strong appeal to the emotions but not so much as to be a transparently BS plea. I do think he left a lot unsaid and that the defense has the opportunity to drive a truck through some the prosecution's own gaps and inconsistencies. Regardless, it was an aggressive, unapologetic closing and well done. Certainly, some of their best work to date.

The defense has its work cut out for them.

[JoeRedskin]

Trayvon's father was notified of Trayvon's death approximately 12 hours after the shooting. A longer time period than should have happened but no where close to a week.

[saden1]

The defense has some serious work to do because murder 2 is a certainly attainable after the prosecutor's closing.

[JoeRedskin]

As I expected, Defense is driving a truck through the gaps. Highlighting the requirement that, if jury makes assumptions about evidence, they must make them in favor of defendant.

Good use of photos and physical evidence.

The crux of it for me:

8:47 a.m. ET: O'Mara tells jurors they can't fill the gaps or connect the dots for the prosecutors.

"Assumptions presume a lack of evidence," O'Mara said.

8:49 a.m. ET: "Do not give anybody the benefit of the doubt except for George Zimmerman," O'Mara said.

8:51 a.m. ET: “You’ve heard from him, time and time and time again, you’ve heard from him, telling you what happened that night,” said O'Mara, who also asked jurors to not presume why Zimmerman didn't testify.

...

8:57 a.m. ET: "How many ‘coulda- beens’ have you heard from the state in this case? How many ‘what ifs’ have you heard from the state in this case? They don’t get to ask you that. No, no, no," O'Mara said. He also says prosecutors are supposed to show "what I have proven to you."

At the same time, IMO, the narrative seems less emotionally compelling than that of prosecutor's and much less aggressive in attacking the evidence - it's almost like he is apologizing for telling them that the prosecution is wrong. So far, not the best work from them.

[JoeRedskin]

The jury instructions:

http://www.flcourts18.org/PDF/Press_...structions.pdf

Closing remarks of the instructions, something often forgotten and ignored by most people:

In closing, let me remind you that it is important that you follow the law spelled out in these instructions in deciding your verdict. There are no other laws that apply to this case.

Even if you do not like the laws that must be applied, you must use them. For two centuries we have lived by the Constitution and the law. No juror has the right to violate rules we all share.

[skinsfaninok]

I haven't watched today, what are the odds looking like now for GZ?

[JoeRedskin]

The instruction relating to self-defense:

An issue in this case is whether George Zimmerman acted in self-defense. It is a defense to the crime of Second Degree Murder, and the lesser included offense of Manslaughter, if the death of Trayvon Martin resulted from the justifiable use of deadly force.

“Deadly force” means force likely to cause death or great bodily harm.
A person is justified in using deadly force if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself.
In deciding whether George Zimmerman was justified in the use of deadly force, you must judge him by the circumstances by which he was surrounded at the time the force was used. The danger facing George Zimmerman need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, George Zimmerman must have actually believed that the danger was real.

If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony.

In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of George Zimmerman and Trayvon Martin.

If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether George Zimmerman was justified in the use of deadly force, you should find George Zimmerman not guilty.

However, if from the evidence you are convinced beyond a reasonable doubt that George Zimmerman was not justified in the use of deadly force, you should find him guilty if all the elements of the charge have been proven.