THE PROSECUTORS IN THE GEORGE ZIMMERMAN TRIAL WILL REST THEIR CASE ON FRIDAY, BUT WHAT CASE IS THAT? The court, in which George Zimmerman is being tried for second degree murder, will not be in session today, due to the holiday, but when the trial resumes on Friday, it is expected that the prosecution will call whatever final witnesses it has, and rest its case. One could certainly be forgiven, if one felt the need to inquire as to what case the prosecution team will actually be resting, its own case, that of the defense, or both. Anyone, who has watched the legal proceedings for the eight days this court has been in session, could even be forgiven for the expectation that, after the prosecution rests its case, the defense team then stands up in court and says word to the effect, “Your honor, the defense rests its case too.” What has been truly striking, in the eight days in which this trial has been held, is the relative ease with which the defense has been able to take the prosecution’s own witnesses, and use their testimony to benefit the defense. Change “striking,” to “stunning.” Yesterday’s hearing was another case in point. In an unexpected turn of events, on Tuesday, the prosecution argued before the court, outside the hearing of the jury, that it should be allowed to bring into evidence George Zimmerman’s college transcript which showed courses he had taken in criminal justice. The argument was that such could be used to impugn the comment Zimmerman had made in an interview with Sean Hannity that he had never heard of the “stand your ground law.” The prosecution sought to show that a course, Zimmerman had taken in college, would have covered this information. The prosecution also wanted to use the information to show that Zimmerman was a police wannabe, and acted in that capacity the night Trayvon Martin was killed. The defense, on the other hand, argued that, if this information was allowed into evidence, which was viewed as immaterial by the defense, then prior information about Trayvon Martin should also be allowed into the trial, to show the possible thinking of Martin that night. On Wednesday, Judge Debra Nelson ruled that Zimmerman’s transcript would be allowed in as evidence. While some have criticized the judge for allowing into evidence Zimmerman’s college record, while denying any information into court about Martin’s high school records, the criticism is misplaced. It is the prosecution’s argument that Zimmerman’s state of mind led to what transpired that night. The defense, on the other hand, contends that Zimmerman was acting in self-defense, in which case Martin’s records have no bearing upon Zimmerman’s case bordering upon his decision to defend himself against Trayvon Martin with deadly force. The judge’s ruling was correct, in my opinion, but in other instances there were some questionable renderings against the defense, again in my opinion. The issue, in the case mentioned above was rendered moot, nevertheless, by the defense which did what it has been doing throughout this trial, taking the prosecution’s witnesses, and using their testimony to the defense’s advantage. In the above case, the defense was able to get the instructor of the course to state that the “stand your ground law” is a slang expression for what is legally referenced as the “castle law,” in which a person is not required to back up in their own home when it is invaded by a burglar, and this right was extended, in Florida, to include when one is faced with danger outside one’s home, as well. There was tremendous legal capital invested by the prosecution to get the information about Zimmerman’s college records entered into evidence. To do so, the context had to be established, and that explains why Zimmerman’s interview with Sean Hannity was shown in court. Given that the college professor, in the end, gave testimony more helpful to the defense, than to the prosecution, while the Hannity tape allowed what amounted to Zimmerman giving his side of what happened that night, in court, without being cross-examined, it has to be viewed as a huge mistake by the prosecution. Make that “humongous.” I said, in a post yesterday, that George Zimmerman will not be taking the stand, in this trial. His testimony is already on record, placed there, inadvertently, by the prosecution. It is 100 percent certain that Zimmerman will not be called to the witness stand by the defense. Anything other than that would amount to legal malpractice. Tomorrow, expect the prosecution to call one of the parents to testify, the testimony to include whose voice she thinks is yelling for help on the 911 tapes. It has to be powerful, emotional testimony, which pulls at the heartstrings of the six female jurors because, anything less, will all but guarantee an acquittal. We have not gotten there yet, but if there is no game changer tomorrow, in this trial, when the prosecution rests its case, it might as well rest the defense’s case, at the same time.
Posted on: Thu, 04 Jul 2013 15:03:35 +0000
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