Skip to comments.Bond Hearing Testimony Reveals Huge Hole In State's Case Against George Zimmerman !
Posted on 04/20/2012 8:54:37 AM PDT by MindBender26
Among all the coverage of Zimmerman being granted bail, most reporters are missing the most important detail of the day. The State's investigator admitted, under oath, that they have no way to disprove Zimmerman's claim that Trayvon Martin started the flight and assaulted him.
The details are buried deep in the story, but they are crucial:
Gilbreath is the State's Investigator:
O'Mara is Zimmerman's attorney:
(from the story)
That speaks to, make that screams Stand Your Ground, and combined with new pictures of a bleeding and battered Zimmerman taken three minutes after the police arrived, it's all becoming so very clear to legal observers that Zimmerman walks on a SYG motion or at the least a SD verdict.
(Excerpt) Read more at southflorida.sun-sentinel.com ...
Just wish O’Mara had objected when the prosecutor continually used the phrase “when you committed this crime” in his questioning of Zimmerman.
I think that photo was taken 3 minutes after the shot ws fired. NOT 3 minutes after the police arrived.
The person with the camera took a number of picx and was probably still here when the cops did arrive.
Thank God for this person & their cell phone.
What pisses me off are all the cowards who are kicking this down the road to the next guy. Starting with the governor appointing a special prosecutor so he can say he did his job. The special prosecutor filing charges so she can say she did her job. The first judge volunteering information so she could drop the hot potatoe (I believe all this info was there when she was named judge). Now theyll give it to this judge and make him make the decision. I predict his decision will be to hand the potatoe to a jury.
None of these people are concerned about justice. Their only concern is not pissing off the blacks and causing a riot. Maybe its time the whites started acting like blacks but only to make sure justice is served.
How about all those conservatives who jumped to the conclusion that Zimmerman was a redneck vigilante without hearing his side of the story?
“All the evidence is circumstantial. “
Did the witness reply, “The only evidence we have is circumstantial”?
Or was it that there was no evidence?
For example, suppose there had NOT been any powder burns on Martin’s clothing. That would strongly suggest the shot was taken at something other than contact range, and would be evidence about the start of the fight.
Or suppose they had conflicting witness statements, with someone saying they heard Zimmerman shouting racial slurs. That would be evidence that Zimmerman was acting as an aggressor.
But it seems they do not.
Adios Mother F------
Yeah..but O"Mara likely wanted to keep his objections to a minimum - after all this was a simple bond hearing.
Even worse; some innocent man who LOOKS like Zimmerman will get whacked.
A case in which there are no witnesses and all the evidence is circumstantial might be a burglary where there might be things like fingerprints, blood from a suspect getting cut from a broken window, shoe tracks, or tire tracks.
The Martin case has a subject who was shot, witness statements, a shooter and a statement from the shooter, blood and injuries to both the subject who was shot and to the shooter, tape recordings of the dispatcher and Zimmerman prior to the shooting, and observations of the police and medical personal at the scene. If the case goes to a jury, there is a lot of "direct" evidence here.
“Prosecutor Bernie De La Rionda then questioned Gilbreath.”
All those who predicted that Ms. Corey would stick this sure-loser case onto some hapless underling, take a bow.
They are just trying to spin up a riot. It makes for good TV
yes..this is a sensitive case....she had to tread carefully...but maybe charge Z with something, and not be so gleeful about it on camera like an idiot...
Stealing for my own.
He career is finito.
Direct evidence for some elements of the alleged crime, but no direct evidence of who escalated the conflict into the range of lethal threat, which goes to both the depraved mind element and the self-defense argument. The jury will be instructed that they cannot convict on murder 2 without each required element being proven beyond reasonable doubt, and I don’t think the state has what it needs to get there, whether directly, circumstantially, or otherwise, based on Gilbraith’s admission.
However, a hole in the evidence of this kind actually serves the race baiters well. GZ will probably walk, but the troublemakers will, due to the lack of direct evidence on escalation, be able to project their racial stereotyping onto that blank screen. Those who would use this kind of event for political gain could care less about the fate of one or two individuals and their families. They only care about how they can leverage this into advancing their legislative and social agendas. They probably troll for cases like this on purpose; the greater the perceived injustice the better. Other, similar cases would be uninteresting to them if direct evidence precluded their ability to invoke the spirit of racial hatred from the haze of ambiguity.
It will be impossible for the defense to disprove the eye withness testimony and the physical evidence of the bloddy nose and head wounds.
This opens the state up to a malicious prosecution suit.
Looks like Zimmermans attorney OMara is one tough defense attorney. After dismissal of the case they should pursue lawsuits against the special prosecutors office as well as against several of those CBC members that publicly stated that Zimmerman hunted down and killed Martin because he was black (as well as that bug-eyed NY Knicks fan that pretends to be a filmmaker).
There are some things are critical to the case. A prosecutor must be able to establish the elements of the crime so a jury can convict beyond a reasonable doubt. And thus far, I have not read anything that convinces me that there is any hope of a conviction. Who escalated the conflict is a matter of utmost gravity. In a just society, Zimmerman would have not been arrested and he would not have been in a position to necessitate him posting bail.
I know what you meant, but to the defense's case, these things are vital. What you probably meant is this:
It will be impossible for the
defense prosecution to disprove the eye witness testimony and the physical evidence of the bloody nose and head wounds.
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