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THE GEORGE ZIMMERMAN TRIAL SO FAR: A FIASCO FOR THE PROSECUTION?
Powerline ^ | 06/26/2013 | BY JOHN HINDERAKER

Posted on 06/26/2013 5:53:14 PM PDT by SeekAndFind

If you are interested in the George Zimmerman trial, in which testimony is now under way, the place to go is Legal Insurrection, where Andrew Branca, a Massachusetts lawyer who authored The Law of Self Defense, is posting a thorough, witness-by-witness commentary on the evidence, with videos of the actual courtroom scene.

Branca thinks today’s testimony was “an utter debacle for the prosecution.” In Branca’s view, the witnesses called by the state did far more to bolster Zimmerman’s defense than to advance the prosecution. The portrait they painted of Zimmerman was positive, and in a dramatic moment that Branca describes and which you can also see on video, the one witness who purported to have any information about the actual events surrounding the shooting of Trayvon Martin–an “ear witness,” as Branca calls her–was shown to have signed a petition calling for the prosecution of Zimmerman as “the killer of our son Trayvon Martin.” Ouch!

I confess that I find much of the commentary on the Zimmerman case, and even a good bit of the evidence, mystifying. There is no question that Zimmerman shot Martin; he claims self-defense. That defense raises a straightforward question of fact. All of the nonsense about whether Zimmerman was a “wannabe cop,” and whether he “profiled” Martin, and whether he was or was not a “racist,” is utterly beside the point. If, as Zimmerman says (and I assume will testify), Martin initiated the fight, knocked Zimmerman to the ground, jumped on him, punched him repeatedly and smashed his head against the sidewalk, Zimmerman had an absolute right to defend himself. Whether his character is otherwise sterling is immaterial.

The physical facts appear consistent with Zimmerman’s story. I don’t know how he possibly could have sustained these wounds except by having his head pounded into the pavement, as he says:

And we know from the witness statements that have been made public that at least one witness told police he saw Martin sitting on top of Zimmerman and beating him, as Zimmerman shouted for help. So it would seem that Zimmerman’s defense is quite strong.

Of course, there is much evidence yet to come, and the prosecution may yet prove its case. In the meantime, to follow the proceedings, Legal Insurrection is the place to go.

PAUL ADDS: I agree with John’s overall assessment and his view that the photograph corroborates Zimmerman’s claim that Martin pounded his head against the pavement. But how will the “Free Country” label on Zimmerman’s shirt play with the jury (we know how it would play with the IRS)? I mean, is it still okay to express that thought, even if inadvertently?


TOPICS: Society
KEYWORDS: trayvon; trayvonmartin; trial; zimmerman
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1 posted on 06/26/2013 5:53:14 PM PDT by SeekAndFind
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To: SeekAndFind

it’s theater anyway.


2 posted on 06/26/2013 5:55:16 PM PDT by schm0e ("we are in the midst of a coup.")
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To: SeekAndFind

Don’t count out the mush brained jury. They didn’t pick them for their grasp of logic and their ability to critically think and reason.


3 posted on 06/26/2013 5:56:14 PM PDT by Parmy
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To: SeekAndFind

I live 20 miles away from Sanford and refuse to watch the trial because I fear it will not end justly. It is Florida you know. I am rooting for George and not the political pressure to prevail.


4 posted on 06/26/2013 5:56:50 PM PDT by vicar7 ("Polls are for strippers and cross-country skiers" Sarah Palin)
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To: SeekAndFind

Free George Zimmerman.

Should have been said several hundred years ago:

PLANT YOUR OWN COTTON!


5 posted on 06/26/2013 6:03:43 PM PDT by IbJensen (Liberals are like Slinkies, good for nothing, but you smile as you push them down the stairs.)
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To: SeekAndFind
"All of the nonsense about whether Zimmerman was a “wannabe cop,” and whether he “profiled” Martin, and whether he was or was not a “racist,” is utterly beside the point."

Literally true, but if the prosecution convinces the jury that those things ARE pertinent, the defense needs to make the case that they aren't. It is a balancing act, because if they fight too hard on those issues, it will seem as if they ARE pertinent.
6 posted on 06/26/2013 6:07:20 PM PDT by Steve_Seattle
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To: vicar7

I live in jax, Fl and I believe that IF Zimmerman is found innocent...all hellll will break loose here.
Its in the 90’s every day here..unemployment is high with Black Youts and it won’t be pretty and won’t be confined to just Sanford.


7 posted on 06/26/2013 6:08:33 PM PDT by Recovering Ex-hippie (Will Freepr combat)
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To: SeekAndFind
And we know from the witness statements that have been made public that at least one witness told police he saw Martin sitting on top of Zimmerman and beating him, as Zimmerman shouted for help. So it would seem that Zimmerman’s defense is quite strong.

Multiple witnesses saw one person on top of another, fighting, or similar. Since George Zimmerman did not have knuckle scrapes, and Trayvon Martin did not have any injuries other than knuckle scrapes and the bullet wound, they actually have implicit confirmation from multiple witnesses that Zimmerman had a justifiable fear for his life.

http://trayvon.axiomamnesia.com/people/witnesses/witness-2-files-trayvon-martin-george-zimmerman-case/ Witness 2 "saw a fist fight, but doesn’t know who was hitting who". Since Trayvon was never hit, we can draw a logical conclusion.

http://trayvon.axiomamnesia.com/people/witnesses/witness-3-files-trayvon-martin-george-zimmerman-case/ Witness #3 says she ". . . heard someone screaming for help, but couldn’t tell who it was . . . saw a guy on top with a white t-shirt." Since Trayvon was unharmed, why would he have been screaming for help?

http://trayvon.axiomamnesia.com/people/witnesses/witness-6-files-trayvon-martin-george-zimmerman-case/ Johnathan Good saw "Black guy was on top while they were wrestling. He could tell this because the guy on the bottom was a lighter color." Since others saw the guy on top administering a beating, this supports Zimmerman.

http://trayvon.axiomamnesia.com/people/witnesses/witness-13-files-trayvon-martin-george-zimmerman-case/ Johnathan Manilo saw 'George Zimmerman was out of breath and “acting like he had just gotten his butt beat.'" Again, the testimony is consistent with the self-defense claim.

To reach a guilty verdict, they would have to conclude beyond reasonable doubt that Zimmerman could not have reasonably feared for his life. I'm sure the far left is trying to fix this trial, but that's a tall order given the evidence.

8 posted on 06/26/2013 6:10:09 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: vicar7
I live 20 miles away from Sanford and refuse to watch the trial because I fear it will not end justly.

People sticking their heads in the sand is one of the reasons that things do end unjustly.

9 posted on 06/26/2013 6:10:40 PM PDT by Uncle Chip
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To: SeekAndFind
I watched a good portion (but not all) of Martin’s “girlfriend’s” testimony...including the last 30 minutes or so.The legal analyst that the TV station had said that the earlier part of her time on the stand was a plus for the state.Although I’m not a lawyer I could see why that might be true.But at the end of the day’s session that same analyst said that her testimony had become a disaster for the state.He said that she experienced a complete meltdown as she was being questioned by the defense.I can see why *that* would be true as well.The analyst said several times that this woman was the state’s start witness.
10 posted on 06/26/2013 6:11:49 PM PDT by Gay State Conservative (The Civil Servants Are No Longer Servants...Or Civil.)
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To: schm0e
it’s theater anyway.

Unless it's your life on the line.

11 posted on 06/26/2013 6:11:54 PM PDT by Uncle Chip
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To: SeekAndFind

I mean *star* witness


12 posted on 06/26/2013 6:13:07 PM PDT by Gay State Conservative (The Civil Servants Are No Longer Servants...Or Civil.)
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To: Uncle Chip

I am not on the jury so I have no influence and have no need to spectate.


13 posted on 06/26/2013 6:15:35 PM PDT by vicar7 ("Polls are for strippers and cross-country skiers" Sarah Palin)
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To: SeekAndFind

14 posted on 06/26/2013 6:17:14 PM PDT by JoeProBono (Mille vocibus imago valet;-{)
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To: SeekAndFind

I don’t remember “all hell breaking loose” and whitey rioting when OJ was found “innocent.” I must have missed all that.


15 posted on 06/26/2013 6:17:41 PM PDT by FlingWingFlyer (Osama tried and failed. Obama got it done.)
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To: Steve_Seattle
the defense needs to make the case that they aren't.

No -- It's the state that has to make its case not the defense and thus far the state has still not even proven that somebody is dead.

16 posted on 06/26/2013 6:21:15 PM PDT by Uncle Chip
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To: Recovering Ex-hippie

I wonder how many more Trayvons will be lost in the riot violence.


17 posted on 06/26/2013 6:21:30 PM PDT by MNDude (Sorry for typos. Probably written on a smartphone, and I have big clumsy fingers.)
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To: SeekAndFind

Will the defense move to dismiss anytime soon or have I seen too many trial movies?


18 posted on 06/26/2013 6:23:54 PM PDT by morphing libertarian
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To: vicar7

What’s the reason for the sunshine laws if spectating had no benefit???


19 posted on 06/26/2013 6:25:09 PM PDT by Uncle Chip
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To: SeekAndFind

I am looking for a honest person\lawyer on HLN, but like Diogenes cant find one

You should hear the spinning that they are doing over there...Today was a good day for prosecution seems to be the talking point

all I can say is.....Thank God the jury is sequestered


20 posted on 06/26/2013 6:25:46 PM PDT by Friendofgeorge (SARAH PALIN 2016 OR BUST)
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To: Recovering Ex-hippie
I live in jax, Fl and I believe that IF Zimmerman is found innocent...all hellll will break loose here.

The MSM coverage I'm seeing is extremely biased in favor of the prosecution. They are ensuring riots.

21 posted on 06/26/2013 6:27:23 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: JoeProBono

I would have never guessed in a million years, that the
girl in that pictures name is Rachel.


22 posted on 06/26/2013 6:27:29 PM PDT by americas.best.days... ( I think we can now say that they are behind us.)
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To: IbJensen

Those were my ancestors...man could I give them an earful on that now


23 posted on 06/26/2013 6:27:44 PM PDT by wardaddy (the next Dark Ages are coming as Western Civilization crumbles with nary a whimper)
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To: Uncle Chip; vicar7

Not watching the trial is not sticking ones head in the sand.

I don’t watch trials either but I sure keep up


24 posted on 06/26/2013 6:29:49 PM PDT by wardaddy (the next Dark Ages are coming as Western Civilization crumbles with nary a whimper)
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To: SeekAndFind

It looks like she swallowed ab golf cart tire.


25 posted on 06/26/2013 6:30:04 PM PDT by BigCinBigD (...Was that okay?)
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To: Recovering Ex-hippie

Down here in Orlando I’m buying it cheap and stacking it deep for just such an eventuality.


26 posted on 06/26/2013 6:30:28 PM PDT by Thane_Banquo ( Walker 2016)
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To: JoeProBono
If that thing was Skittle's GF, I'm a monkey's uncle. This creature will be proved to be Crump’s plant; and a terrible one at that.
27 posted on 06/26/2013 6:31:00 PM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: SeekAndFind

I guess his ‘girlfriend’ telling the court Saint Trayvon told her “some creepy-ass cracker” is following him is not going to help.

Who was profiling who?

And what happened to ‘Dee Dee’? - wasn’t she claiming to have been talking to him at the time too?


28 posted on 06/26/2013 6:33:11 PM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: JoeProBono

I think the guy in that picture used to play d-lne for the Gators.


29 posted on 06/26/2013 6:33:31 PM PDT by Thane_Banquo ( Walker 2016)
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To: Recovering Ex-hippie

might be time to cull the herd


30 posted on 06/26/2013 6:33:57 PM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: MNDude

Probably not enough.


31 posted on 06/26/2013 6:35:23 PM PDT by sport
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To: SeekAndFind

unfortunately I have come to the conclusion that most of the American legal system is insane. People on juries do not use logic or even the law....they decide based on their emotions....Zimmerman may not be factually guilty but I think he is good and screwed by the press and the 6 person jury (what the hell is wrong with Florida that they think a 6 person jury is the right thing to do????)


32 posted on 06/26/2013 6:37:00 PM PDT by Nifster
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To: Nifster

And remember, people on jury duty are people who are too stupid to figure out how to get out of jury duty.


33 posted on 06/26/2013 6:38:52 PM PDT by dfwgator
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To: dfwgator

or have enough free time that being in the court for weeks on end doesn’t cost them a job. I have served on two juries. I would do it again because I do think it is part of my constitutional responsibility as a citizen. On;y problem is that these days no lawyer wants me on the jury


34 posted on 06/26/2013 6:40:36 PM PDT by Nifster
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To: SeekAndFind

You know it just occurred to me looking at those photos: If Zimmerman had longer hair, we would have never seen the cuts on his head. Sure there probably would have been blood, some cuts shown, but it would have looked nowhere near as bad as with his shaved head. As a result, the racist fascists - including our admitted foreign born twice unconstitutionally elected communist President - would have had more gas to fan the flames, draw more blame on Zimmerman which would no doubt have been backed up 1000% by the communist propaganda machine posing as our free media.


35 posted on 06/26/2013 6:42:20 PM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: Friendofgeorge

I turned on the cable news for the first time in years today. “Jane” show on HLN. Plastic surgery nose and is a lesbian. Gawd, is there anyone on those networks who isn’t queer?

Turned off the tv quickly and watched the taped proceedings on Youtube instead.


36 posted on 06/26/2013 6:44:30 PM PDT by steve86 (Acerbic by Nature, not NurtureĀ™)
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To: liberalh8ter
Hmmmm....


37 posted on 06/26/2013 6:44:48 PM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: GrandJediMasterYoda

Rachel apparently isn’t in compliance with Madame MooseChelle’s nutrition and movement guidelines....


38 posted on 06/26/2013 6:47:53 PM PDT by nascarnation (Baraq's economic policy: trickle up poverty)
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To: Steve_Seattle

As a defense attorney I would strongly object to all the irrelevant info in Zimmerman. If the court lets it in then he will have a good argument on appeal.


39 posted on 06/26/2013 6:50:50 PM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: steve86

Ev-er-y thing is queer today. It’s gotten to the point now where if you say you’re straight, you’re not “with the in crowd”.. I seen shows where some jerk goes “I’m gay” and everyone claps and another guy will comes on, state he is straight (mentions a girlfriend) and nobody claps. But that’s our communist fascist media for you.


40 posted on 06/26/2013 6:51:16 PM PDT by GrandJediMasterYoda (Someday our schools will teach the difference between "lose" and "loose")
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To: BigCinBigD

She is hideous.


41 posted on 06/26/2013 6:51:28 PM PDT by mylife (Ted Cruz understands the law, and he does not fear the unlawful.)
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To: Gay State Conservative

Definition of a jury: a group of people gathered together to decide who has the best attorney.


42 posted on 06/26/2013 6:52:00 PM PDT by cajun-jack
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To: GrandJediMasterYoda
OMG, what a mouth breathing knuckle dragger...
43 posted on 06/26/2013 6:54:03 PM PDT by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -ww- NO Pity for the LAZY)
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To: GrandJediMasterYoda

The lizard brain displayed in humanoids. Minimal awareness and application of upper mental faculties, and the distant glazed eyes look.


44 posted on 06/26/2013 6:58:54 PM PDT by John S Mosby (Sic Semper Tyrannis)
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To: JoeProBono

I wonder if this is what Malia and Sasha will look like someday..


45 posted on 06/26/2013 7:02:14 PM PDT by Veggie Todd (What difference does it make?)
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To: Mr. K

Rachel Jeantel’s nickname is DeeDee.


46 posted on 06/26/2013 7:04:18 PM PDT by tioga
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To: steve86

I hear ya

What I did today was DVR the entire day on HLN, and when I was in HOUSE later I was able to watch totally without commercials,skipping over all commercials/HLN talkers, was very good

I did tune in for a few minutes late just to see hear the spin, just as I suspected.

George would have no hope if the jury was not sequestered, I really believe this

Hannity did a better job tonight than last night, but Mark Furhman is for the prosecution from getgo, dont know why he is even taken seriously, but did have 2 girls that were good


47 posted on 06/26/2013 7:04:48 PM PDT by Friendofgeorge (SARAH PALIN 2016 OR BUST)
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To: SeekAndFind

This will be the summer flash point.


48 posted on 06/26/2013 7:17:48 PM PDT by occamrzr06
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To: Friendofgeorge

Rachel, the “star” witness, is a perfect example of what you get from the public schools these days. Florida has a hard time getting enough teachers that can pass the basic skills test to get certified, especially the critical thinking part.


49 posted on 06/26/2013 7:21:14 PM PDT by Liberty Wins
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To: SeekAndFind

In the runup to the trial, EVERY piece of evidence released by the prosecution only suported Zimmerman’s story, NOT Trayvon’s! And, if the prosecution is relying on that evidence AND their flawed and faulty “witnesses”, Zimmerman should soon be free.

The only question at that point is, where does he go to get his reputation back?


50 posted on 06/26/2013 7:29:43 PM PDT by DustyMoment (Congress - another name for the American politburo!!)
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