Skip to comments.George Zimmerman court affidavit: 'Zimmerman confronted Martin'
Posted on 04/12/2012 12:11:40 PM PDT by Free ThinkerNY
George Zimmerman, the Neighborhood Watch volunteer arrested yesterday in the fatal shooting of 17-year-old Trayvon Martin, faced a judge for the first time this afternoon.
Meanwhile, a probable cause affidavit has been filed in the second-degree murder case. In the two-page document, prosecutors offer little new information about the shooting.
However, they said in the affidavit that "Zimmerman confronted Martin," an apparent contradiction of Zimmerman's version of the events that led to the shooting.
The document says Trayvon's mother identified the screams for help heard in a 911 call as those of her son. It also reveals that investigators interviewed a "friend" of Trayvon's who was talking to him in the leadup to the shooting.
Based on the description, it appears the friend was the girl described by Martin family attorneys as his girlfriend.
"During this time, Martin was on the phone with a friend and described to her what was happening," the affidavit said. "The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn't know why."
Martin tried to run home, the affidavit says, but was followed by Zimmerman. "Zimmerman got out of his vehicle and followed Martin."
The affidavit goes on to say that "Zimmerman disregarded the police dispatcher" who told him to stop, and "continued to follow Martin who was trying to return to his home."
Zimmerman, the affidavit says, "confronted Martin and a struggle ensued."
According to the affidavit: "Trayvon Martin's mother has reviewed the 911 calls and identified the voice crying for help as Trayvon Martin's. Zimmerman shot Martin in the chest."
Zimmerman's first appearance began just after 1:30 p.m. He faces a second-degree murder charge in the Feb. 26 shooting, which sparked international outcry.
(Excerpt) Read more at ctnow.com ...
Classic switch from active to passive voice.
"The gun went off," not "I shot him."
You expanded on my post 27 -
since Zimmerman “dissed” Martin,
Martin had a [black] right to kill Zimmerman.
Would Zimmerman give up his right to defend his life if he threw the first punch, started losing the scuffle, and ended up in a life threatening situation with his brains being splattered on the sidewalk?
If Zimmerman touched Martin first, or impeded his travel IN ANY WAY he will likely be found guilty, if not of 2nd Degree, then manslaughter.
Having been on numerous criminal juries, most of the jurors I was on with strongly used the “smell test”. If something in one side’s story smells like a rat, its seen as a rat. In other words common sense prevails. No spitshining or spin gets beyond that simple fact.
As outside bystanders, we are hearing spin, not cross examined courtroom facts.
Don’t claim to be an attorney, but my reading of the law is that if the fight started as an aggravated assault (or other felony) by Zimmerman on Martin, he loses the right to claim self-defense. There are varioius categories of felonies and I have no idea how they’d play in.
There are “possibly” various exceptions to the rule above, but since the fight in question apparently lasted well under a minute, I don’t see how they could come into play.
But there’s a guy around here who will probably show up soon and show me why that’s wrong. :) I learned a lot from him yesterday.
The fix is in. Now all they need is a do-gooder jury loaded with “caped crusaders” looking to “send a message” to gun owners.
As soon as Investigator Angela Corey said this was about “justice for Trayvon”, you knew Zimmerman was in trouble.
That being said, I am reserving judgement on what I think happened until I have more facts.
If Trayvon did attack Zimmerman, then Zimmerman had every right to defend himself.
If Zimmerman pursued Trayvon, started a fight with him, and then shot him, then it changes things.
We don’t know what Trayvon was up to that night. Was he really just walking home from 7-11 with a snack, or was he burgling? Did Zimmerman catch him doing something, confront him, get attacked, and then shoot him? Lots of questions still.
To me, the biggest story is the way the media jumped on this thing and fanned the flames without having the facts. They showed photos of Trayvon from when he was 12, rather than more recent pictures of him with the gold teeth. The media was definitely trying to influence opinion. They doctored a tape to make Zimmerman appear racist. They insisted he said “coon” when it turns out he said “cold”. They showed photos of Zimmerman in a prison jump suit. They insisted he was white, then “white-hispanic”. They repeatedly told us that Martin was carrying Skittles and iced tea, as if that alone absolves him of any possible wrongdoing (because everyone knows you can’t do anything bad whilst carrying Skittles and iced tea). The media allowed Al Sharpton to lead a protest, and then host a show covering the protest.
The media jumped to conclusions without the facts. I’m not going to do that. Need more facts.
By the way, can you believe that we are back at the Orlando courthouse? What is it about that place?
Conversely, if Zimm was just out to kill someone why would he call 911?
It will be interesting to compare what she said early on vs what she told police investigators when they finally got around to interviewing her (reportedly not until after Corey got on the case). Benjamin Crump claims to have recorded her affidavit early on, before the story went national, and showed her T-Mobile call logs to the media.
It seems likely Corey hopes to use her testimony to impeach the account Zimmerman gave the cops when, without having lawyered up, he walked them through the events at the scene the day after the incident.
However, it's the Looney Left that should be worried about legal representatives. The Martin's lawyer has and is failing to cork up the mouths of the parents and extended family members who are falling all over themselves spouting too many details and too many lies to a breathless viewing America.
This Martin lawyer thinks the loquacious family is helping the case when it's the exact opposite. What mom, dad, unc, etal are blabbing about now is being carefully notated....and their crazy statements will return to smack them right in the face when they're on the stand. The defense attorney will twist them up like Auntie Anne's mall pretzels.
They'll be trapped in discovery, also....although the interrogator never lets on at the time....just lets them tell lies without comment or even a hint of a raised eyebrow. They'll be on sworn record. Then attorney O'Mara will spring the trap on them during their trial testimony.
Snap, Crackle, POP!
This article fails to define “confront”. I’m confronting you right now with this post. Am I breaking the law? Is it illegal to textually or verbally confront someone? Perhaps if you’re white or Hispanic and the subject is black?
None of these allegations are proven facts, they are all allegations made by those that have reason to lie.
I’d like to know the location of the “chest” wound, if it was a contact wound.... and the trajectory of the slug.
I certainly can’t tell with absolute certainly if Zimmerman is innocent of any wrong doing, not without all of the evidence and in person interviews of the witnesses. However, based on the totality of the circumstances of the disjointed and cluttered information that I have heard/read, I do not believe this shooting to be anything other than self defense.
Unfortunately, Zimmerman could very well get screwed by the system.
Bottom line for me: REGARDLESS of the reason for the contact, If I am on the ground, overpowered by a stranger in the dark that has told me that he is going to kill me and he is smashing my head against the concrete while pulverizing my face.... and during this moment in time I have a strong believe that I am about to die.... I WILL USE ANY FORCE necessary and available to me to stop the threat of dying... up to and including the killing the SOB.
I don’t give a damn what color the bastards skin is.
Now I might be considered unreasonable, but if some Black jackass or anyone else/color, puts out a Wanted Dead or Alive bounty on me, and/or threatens my loved ones, I would not hide. I would research the person(s) responsible, develop a plan, and then at the time of my choosing, I would confront them up close and personal.
Those time lines are interesting.
I know it’s somewhat of a gray area,
but I just don’t see how it would become an obligation to die
even if you threw the first punch.
I was told in self-defense class that when your attacker is no longer a threat,
if you continue to use force, you legally become the attacker.
Paints a funny picture, doesn't it?
Trayvon sitting on top of Zimmerman, smashing his head against the ground, all the while shouting for help.
I have a strong believe = I have a strong belief
John is the most important person in this case. He saw Zimm getting beaten. He heard Zimm scream for help.
translation the prosecutor used a “ham sandwich” pc affidavit.
I don’t say you have an obligation to die, but you also can’t just claim self-defense and walk away. You’re liable for the death, though probably not for murder one.
A mugger who starts losing the fight and kills the muggee can’t claim self-defense as justification for the death. Nor should he be able to. He’s liable for the original armed or strong-arm robbery as well as for the ensuing homicide.
The autopsy of Martin revealed NO injuries other than the gun shot wound!
people jot across the street to ask the time.
Do I try to kill them? no.
And there is not truth to the accusation that Zimmerman confronted Martin and that is in conflict with what Capt. Zimmermans father has stated.
So, Trayvon's girlfriend cannot be considered a reliable witness because she was involved with Martin, but Zimmerman's father's statement is reliable? He's just as biased as she is, and his statement is hearsay (as he is simply reporting what his son told him)
Based on the affidavit the whole case is the girl on the phone. Good thing they will get a “preview” of her testimony and a chance at cross-examination at the pre-trial “self defense” hearing that I’ve read can be held in Florida.
Unless I’m confused the prosecution affadavit is not the prosecution’s attempt to state what happened. It’s their summation of why they are pressing charges. Of course they give the version of events that best meets the necessary criteria.
It is the defense attorney’s job to spell out the “other side of the story.” Where prosecutors get into trouble is when they go beyond presenting their side of the case and get into suppressing exculpatory evidence. Which happens all the time.
what about the autopsy? what was the proximity, direction of the bullet? If zimmerman’s clothing was taken into evidence, where it it. If it was not why and where is it?
You not the only one that finds that odd.
However, they said in the affidavit that "Zimmerman confronted Martin,"
That's been the claim all along despite all the evidence to the contrary. Nothing to be concerned about......
If by luck he is afforded a FAIR trial, Mr. Zimmerman should be exhonerated of all the atrocities the MSM, race baiters and poverty pimps are accusing him of.
The legal fees that Mr. Zimmerman is going to suffer, over and above the bond he is going to have to pay, could devastate him and his family.
I've heard that there has been a defense fund that is going to be provided by a firearms organization, I hope that is true.....
Trayvon’s girlfriend was not there, is very young and could easily be confused or manipulated by those out to persecute Neighborhood Watch Capt. Zimmerman.
Robert Zimmerman is a retired judge and as a judge, he has a great deal of experience in getting to the truth of a matter.
“Would Zimmerman give up his right to defend his life if he threw the first punch, started losing the scuffle, and ended up in a life threatening situation with his brains being splattered on the sidewalk?”
He would give up his legal claim of self-defense.
That will (likely) be the prosecution’s contention; ie. that Zimmerman initiated the conflict.
Further they will contend the police dispatcher advised him to not pursue. And the prosecution will establish Captain of Neighborhood Watch carries no police power or authority.
Prediction: Jury convicts on manslaughter of some kind (if that is how it works in Florida).
But there are a lot of variables to get there, including skill of lawyers on both sides, jury selection, evidence and handling thereof, etc.
Maybe Zimmerman can get Shapiro to defend him?
I have read news reports that state that the semi-auto 9 mm that Zimmerman used was fired once without chambering a 2nd round, suggesting that something was impairing the function of the slide, possibly Martin trying to wrestle the gun from Zimmerman.
Gimme a break. This is Nifonging at its worst.
Seems the fix is in. Let the blackwashing begin.
in almost every courthouse in fl:
“We who labor here seek only the truth.”
not so much for the prosecutor seeking truth.
the probable cause affidavit can be challenged.
I think the prosecutor is trying to “be scarry” in order to induce a plea. She better have something much better in the works. If this is her best the case is done.
She seems competent but lots of Dem contributions by ‘Christopher’ Recksiedler of Sanford at FEC site.
prosecutors, in fl, have an affirmative duty to reveal exculpatory evidence.
This now INCLUDES the accident statement of the person signing the affidavit!
That’s the prosecutors job, to interpret the evidence in a way that prosecutes the accused. It is the job of the defense lawyer to present the exact same evidence to free the accused.
The prosecutor is just doing her job the way it is designed.
Since I am from NC, I am SO reminded of the Duke lacrosse case! I’m actually encouraged by the fact that the decision to charge him was obviously based on information that the media chose to make public. Any lawyer worth his salt will be able to take the ENTIRE 911 call and the UNDOCTORED police video, along with the witnesses who support Zimmerman’s version of the story, and get him off at best or convicted of involuntary manslaughter at worst. If Trayvon’s “girlfriend” is not telling the truth, the cell phone records may show it or the defense may be able to get her to contradict herself. His lawyers will also be able to get an expert to analyze the tape and see if the person yelling for help was Zimmerman since Zimmerman is still alive. I would think an expert for the prosecution would have a more difficult time proving that the voice calling for help was Trayvon’s.
Martin attacked Zimmerman.. there was a witness(of the attack)..
The family must surely know Martin was an aggressive thugg..
They might be aggressive racist thuggs as well..
LYING thru their teeth to get that Honkified “cracker”...
NBC is running like a rabbit afraid of getting their PeaCock Sued OFF..
There are a lot networks whistling past the law offices of Bill, Padding & Howe LTD...
And not a few TV Anchors and Newspaper and Mag folks..
This is what prosecutors do at grand juries. They present only one side of the case. That's why they can always get an indictment. Unfair? Of course. Nobody ever said our justice system was fair.
The 90 year old war veteran husband was beaten and his jaw broken. He was shot in the face numerous times with a BB gun and sent to the hospital in critical condition.
The 85 year old partially blind wife was RAPED and then BEATEN TO DEATH.
Can you just imagine the pain, the humiliation, the horror that dear old lady experienced being gang raped by that pack of feral animals?
(the autopsy states she was raped. Dont think all of these animals didnt all participate)
And can you imagine the pain, the horror of that dear old husband having to witness this?
Theres a lot more involved here than a home invasion and robbery.
WHERE ARE THE CHARGES OF A RACIAL HATE CRIME??
90 year old husbands jaw broken and shot in face with a BB gun numerous times?
85 wife year old semi blind wife RAPED and BEATEN to death??
Why does it take a foreign press to enlighten America as to this henious crime?
Where is the outrage?
Have they caught the rest of the gang of feral blacks who raped, tortured and murdered this elderly woman? Are they even looking? Not a word about it in the media.
Yes, I saw that later. Once again I spoke to soon before reading everything. At any rate an affidavit is merely someone’s statement, it isn’t necessarily true or false(in this case false)but is the word of the person swearing to it.
Ms. Corey appears to have plagiarized the MSM’s false script.
Is it possible the girlfriend's "testimony" would have to be considered hearsay?
Two definitions of "hearsay" from dictionary.com:
1, [U]nverified, unofficial information gained or acquired from another and not part of one's direct knowledge...
2. Information heard by one person about another. Hearsay is generally inadmissible as evidence in a court of law because it is based on the reports of others rather than on the personal knowledge of a witness.
Once Zimmerman left his truck to follow Martin, he became the aggressor. If he stopped Martin and said anything, he cannot reasonably claim self-defense for initiating the contact, and then begin losing the scuffle, and shooting Martin.
Was Martin in fear for his safety and decide that the best defense is a good offense and attack Zimmerman?
The prosecutor has to have something more that we haven't seen,it could be the forensics. Those are factual based, not supposition.
Of course she did. This is the same unbiased prosecutor who said she "prayed" with Trayvon's parents and their lawyers when they first met!
They have to accuse him of something.
This whole thing is to put the lid on a volatile situation. Period.
Most of those charges can be easily refuted.