Statement in Response to Zimmerman’s Motion For Stand Your Ground Hearing
FROM TRAYVON’S PARENTS AND THEIR DEFENSE TEAM:
Let it be clear on the record, that we feel confident that the unjustified killing of Trayvon Benjamin Martin should and will be decided by a jury. Many of the legal architects of the Stand Your Ground law have already opined that it does not apply in this case. A grown man cannot profile and pursue an unarmed child, shoot him in the heart, and then claim stand your ground. We believe that the killer’s motion will be denied during the Stand Your Ground Hearing, and as justice requires a jury will ultimately decide the fate of a man that killed an innocent child.
There is only one version of this story that represents that Zimmerman was attacked by Trayvon Martin, and that’s Zimmerman’s self-serving version. Everyone will agree that the killer’s credibility is clearly questionable.
Trayvon’s parents do not feel that this is a man that feared for his life the night he shot and killed their child, this is a man whose only fear is spending his life in prison.
Reader Comments (33)
I will be writing about George Zimmerman's decision to stand his ground. You may be a bit surprised by what I'll have to say.
Wowzers, Dave. Well, I'm glad to hear such a strong statement from Trayvon's parents and their attorney.
I'll probably not be surprised by what you are going to write--because, sadly, if Zimmerman wins the SYG hearing what they just said won't matter.
Georgie will be free.
And even though I most certainly believe he murdered Trayvon Martin--the judge may decide different.
I believe with my whole heart that it was Trayvon Martin screaming for his life that night--but if Zimmerman, Sr. swears otherwise at the hearing--what will the judge decide?
They also have the first responding officer--Officer Smith, (whom George, at the very least, knew before),-- who wrote in his statement that George told him it was him screaming. That might be heresay, though--but maybe as a police officer he will be allowed to say what George said.
Who knows what else Mr. O'Mara will dig up? I'm sure, plenty.
While I certainly hope that the judge will find that Zimmerman had no reason to fear for his life and set the case for a 2nd degree murder trial, I am not at all sure that that will happen.
I'm sorry, nan11, the statement came from Trayvon's parents and their attorneys. I just added a subhead to allay any more confusion. It's not from the State and I should have made that clear.
Trust me, I will not be writing anything that leads to why Z might be successful in a SYG hearing. Rather, it will be more about why the defense chose to go this route, and it will include some legal argument. I have no idea what will be presented by the defense, but at the same time, I hold no delusions. If the defense is very confident they will win, the State feels just as confident about their cause.
These parents have a lot of class and have shown it with this statement. They are leaving it up to the jury and God. I hope and pray that this goes their way and Trayvon gets the justice he so deserves.
I agree, whistlersmother. There is not one single disparaging word in there. The family wishes this would go to trial and I think it's safe to say that many people concur. That's all they are asking for - a chance at justice.
Dave: Thanks for adding that sub-heading. I did see it in time to revise my comment, so it makes more sense now. (Well, that is my hope anyway.)
WESH has a video up now with that article. I hope you don't mind if I link it. (Anything I ever link that you don't want here, please just delete. No explanation will be necessary.)
WESH | VIDEO with Bob Kealing reporting | Zimmerman attorneys to ask for Stand Your Ground hearing
I hope they are kind of blowing things out of proportion in this article--(not to mention the comment section.)
The Smoking Gun | Zimmerman Prosecutors In Huge Screw-Up
[I don't mind links at all, nan11, no matter which side they lean toward. I like to see a wide range of opinions, so never worry about that.]
This is a very good summary of what info was released today. Kudos to the Sentinel for not releasing 'the' picture.
Orlando Sentinel | New evidence: Photo of Trayvon Martin's body, Zimmerman's school records released
Quote: "Those records also show that Zimmerman was placed on academic probation the summer of 2011 because his grade-point average dropped below 2.0, a C average.
He was pursuing an associates degree in criminal justice. In the fall of 2009, he got a C in "Evil Minds – Violent Predators." He also earned a D in "Intro To Criminal Justice."
Zimmerman was enrolled at Seminole State and was taking three courses at the time of Trayvon's shooting, but school officials kicked him out, citing safety concerns."
Everyone is waiting for this. No word yet either as to who 'witness 31' is. Hummm...
Quote: Another piece of evidence given O'Mara yesterday but yet to be released: An audio statement to the Florida Department of Law Enforcement by "witness 31."
[My favorite quote from the Sentinel is this one:
"The records show that contrary to what Zimmerman has said, he did not graduate from Seminole State College because he failed an astronomy class in the fall of 2011."
This guy is nothing but lie after lie after lie. He's a natural born liar... and he wanted to be a cop and a judge?]
Really looking forward to your post on this !! Needless to say, hope it will be soon.
Off subject a tad but ......I do not know how TM's parents can hold up when hearing those screams for help. I realize there is a dispute as to who was crying for help yet thinking it was TM, what a nightmare for his parents to listen believing those were the last they will ever hear from their son. Then my mind turns to GZ making sure the person explaining the situation to his wife told her that he (GZ) had shot someone. Cold as far as I am concerned.
[I don't know how Trayvon's parents can hold up, either. They've shown a lot of class and restraint. GZ has shown us nothing more than lies and a stone-cold heart.
I'm going to start writing tomorrow, so the post should be up before O'Mara's major announcement on Monday morning. The way this defense operates, I wouldn't be surprised if it's the recusal appeal and stay. That will buy him extra time, too. Alas, lots of money must be pouring in.]
Bill Sheaffer thinks that the defense has nothing to lose and everything to gain by having this 'stand-your-ground' hearing.
Besides all that--the burden of proof is less than any reasonable doubt. Oh, dear.
WFTV | VIDEO & Write-up | George Zimmerman seeks 'stand your ground' hearing in Trayvon Martin case
[Bill's assessment is very good. Sage advice from a seasoned defense attorney.]
WKMG put up a video which I think they probably aired (locally) earlier this morning. They include a short clip from Mark O'Mara, which he gave to them even before he took on the case. In it he makes his now standard quip about a stand-your-ground hearing.
It is interesting--even though for the life of me--I can't see how he is going to prove that George Zimmerman was in fear that Trayvon Martin was going to cause great bodily harm to one George Zimmerman..
While I don't deny that he had a few boo-boo's; they could in no way be classed as great bodily harm.
By his own words, we know he was following Trayvon.
And I have lost count of the number of statements made by Zimmerman to the effect that he was not afraid of Trayvon that night.
No worries, though, I'm counting on Mr. O'Mara to come up with something. ; - )
Cllick Orlando (WKMG) | George Zimmerman seeking Stand Your Ground hearing
Mark O’Mara at about 1:13 minutes in: “If you can present evidence--or at least your own testimony that: “I felt in fear that he was going to commit great bodily injury or death”--that is what kicks in the statutory protection that you are allowed to respond with deadly force.
NPR | 'Stand Your Ground' Law At Play In Zimmerman Trial
This link is actually a short radio program where a reporter for the Miami Herald (David Ovalle) discusses with an interviewer the Florida stand-your-ground law.
It was done in April of this year, and he makes some interesting points. The full transcript of the program is also contained in the link.
Actually, he agrees quite a bit with Mr. Sheaffer.
This is how he describes the 'burden of proof': quoted and snipped: ...the judge will decide by a looser standard than beyond a reasonable doubt, basically more likely than not, ...
He also gives an example of a case in Miami where the judge 'granted immunity' to a man who had chased down another man for stealing his car radio--and then stabbed him. All the stabbed man had done was swing a bag of stolen radios at him.
I thought that was interesting in a worrisome sort of way.
I wonder if we are going to hear a decision tomorrow on that Anita Smithey case?
I'm diligently researching what all I can write about this. One thing we MUST take into consideration at this point is staring point blank into our faces. ALL of the legal analysts on every media outlet are defense lawyers, as in CRIMINAL DEFENSE ATTORNEYS. Of course, they are going to have slanted views in favor of Zimmerman's chances during a SYG hearing. That's like a Republican claiming that Romney will clean Obama's clock. In reality, no one knows. Besides, what is O'Mara's HUGE news conference going to be about on Monday morning? Going after Judge Lester again? That's what I'm led to believe. Slow this thing down to a grinding halt. Shake things up as much as possible and hope a new judge spits out.
Trayvon Martins’ blood was found on (a bag of) skittles INSIDE his POCKET? What’s the (evidentiary) significance of that? Did blood trickle from Trayvons’ chest down to his pocket and stain the skittles already in that pocket? If not, how did blood stained skittles get into Trayvons' pocket?
I don't know what it means or how it got there. Intel, but I agree it's an unusual place to find blood. His hands were found beneath his body, face-down. Perhaps a portion of the bag was sticking out of his pocket, possibly exposing it to contamination.
I'm very curious to know how or why the SYG applies here when as a part of the HOA rules, Z was armed when he was not supposed to be. How can it apply when he was instructed to NOT follow Trayvon? I'm an older lady but not usually slow of of mind but I simply can't understand this.
Hi, Tommy's Mom - The HOA rule about not being allowed to discharge a firearm on the property is just a rule, not a law. I think the only recourse the HOA had at the time would have been to reneg on Zimmerman's contract as a homeowner with the association, but would that would entail and what recourse both parties would have had is something I'm not familiar with. How can you evict a homeowner? I don't know, but he's no longer living there.
About following Trayvon, Zimmerman was within his rights to do that, as weird as it sounds. At what point does it go from following to stalking? I don't know, but had he just tailed the kid and left him alone, none of this would have happened. He went out looking for trouble and he found it. It's quite evident that he's a professional liar. Let's just hope the court sees it the same way when he presents his SYG defense, whoever the presiding judge is.
The Miami case is on the A&E tv show "After the First 48". Here's the link for anyone who'd like to see how it went down in court After the First 48, stand your ground law ... in it, there's even a video of the man chasing the thief and stabbing him. The difference between this one and GZ is that the thief had stolen the guy's radio before so the man was more on alert than the average Joe. The defense said he was chasing him saying "give me the radio" and the crook stopped and took a swing at him with the bag. In an interesting follow up, the guy who got off on stand your ground was later killed as a bystander. The big diffference between that case and this is that TM wasn't doing anything but walking back from the store and being followed by a guy in a truck. In an area not known to TM I can see him being leery and angry and maybe just a little afraid of what that guy in the truck wanted to do to him. The SYG applies more to TM to me.
Anyway. As far as the HOA is concerned I imagine they could have fined GZ for firing a firearm and dismissed him from being block captain. They can't evict you but they can make your life miserable enough that you move. (citations for garage door being up, grass not mowed, etc... on and on).
[I started to watch the show on my iPad, but something came up. I will continue it tonight. I had heard of that case and the SYG outcome, but I had no idea about the guy being killed later on. Very interesting. You're right about Trayvon, though. He wasn't doing anything and had Zimmerman left him alone, he'd still be alive. Inside a gated community is probably the last place he would have worried about, too. Of all locations. I also feel that SYG would have doubly applied for Trayvon, but had it been the other way around, I guarantee he would have been arrested and charged with 1st-degree murder, no matter what. Call it for what it is.
Imagine stripping Z of his position as block captain/coordinator. What a blow to his ego that would have been.]
Dave: IIRC, (Re: George's mother's testimony during the first bond hearing.), Zimmerman was only 'renting' (?--maybe leasing) the condo, and his parents were paying the rent. (If you want more confirmation of this, I will look.)
In spite of Georgie saying that he had never heard of Florida's stand-your-ground law, the story that he first told seems to jive pretty good with this section:
(3) Quote: "A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."
Somehow they are going to have to prove--(Ahh, with a preponderance of more likely than not)-- that Trayvon attacked Zimmerman with enough force to make Zimmerman fear for his life.
With some sharp, shrewd questioning--can they do it? Ooooh, I hope not--but, maybe.
Conniefl: Thanks for that link. It works for me, too. I'm going to watch it very shortly.
[No need for confirmation, nan11, Connie is probably right. He would have been stripped of his post and branded a loser in the community.
At the moment, I am writing. Hopefully, I will get my message across, but I'm not going to say that Z will win his SYG hearing. I don't know what will happen there. All I can say is what I see the law saying about it.]
The parents of Trayvon Martin are people that illustrate the best in what is referred to as class and gracious. There is no doubt they are experiencing the most terrible hurt from the loss of their son and in such a selfish needless way by a hungry hunter. One who made a decision to make Trayvon his prey. I don't know the meaning of being as generous as Trayvon's parents for my anger would override any good behavior that I do have. There is no doubt in my opinion that Trayvon would have been guided and had learned from his parents how to live in this world with the same character of his parents. They illustrate their respect for the law in maintaining their belief and trust that a jury will properly serve on behalf of Trayvon. I hope our system does not fail them. They give example from which we benefit. I admire their strength and patience, as it is respectful of Trayvon that they maintain this example they gave him in support and guidance now, as they did in his life here.
The attitude of George Zimmerman conveys to us is that he believes Trayvon had no right to live as he has continued lying and using every thinkable maneuver to extend his own, trying to convince us that he deserves a comfortable and commendable existence. I am hearing there will be 6 jurors in trial instead of 12 and do not fully understand why this is or if it can make a difference in outcome.
Dave, I just wanted to be one to extend to Trayvon's parents my respect admiration and spiritual support of prayer for justice for their son. Thanks, NP
[You are right about that, New Puppy. I haven't seen anything other than class from Trayvon's parents, and that includes interacting with them up close, in person. It's the same with their attorneys. All they want - all of them - is justice for Trayvon, and for a jury to make that call. I see nothing wrong with their wishes. What would any parent want?
Unfortunately, and this is how I feel, George was a police officer, a judge, a jury and an executioner on the night Trayvon died, and even if he beats the rap, I will never, ever have one ounce of respect for him. OJ beat the system and I lost all respect for him the day the news of the murders of Brown and Goldman broke. It's the same if Drew Peterson gets off. He's worthless.
If this goes to a jury trial, there will be a 6-member panel. 12 jurors are reserved for capital cases, like Casey's.
Thank you for extending your respect and support for Trayvon's parents. I'm sure they will know how you feel. Thank you, too, for commenting. It is SO good to see you!]
My thoughts are why wouldnt O`mara want a SYG hearing, doesnt he at least have to give it a try ? Every defense lawyers will try every trick in the book, but that doesnt mean they will be successful. And while I certainly admire Shaeffer, I still think that Georgie wont win this. To me there is too many inconsistencies, and I dont buy that it is Georgie screaming , that whole thing makes no sense to me. So just as the Zimmermans say it is their son, the Martins say it is Trayvon. Georgie certainly has reason to lie and say it was him and we do know he lies , and is gonna try every lie he can to swing it his way. But he may very well get caught in his lies when he tells his story to a Judge and I presume gets questioned. And no blood or dna of Georgie is on Trayvons hands, how can this be in a violent fight where he is supposedly bashing and covering nose and mouth of G. And thru all that the screams continue. I dont buy it and I predict no win for him on a SYG. I think the Judge has to let a jury decide and send this to trial.
[The only reason why I would second-guess a SYG hearing would be to protect the defense strategy until trial. That's it, and that's a very compelling reason, but I do see Bill Sheaffer's point about tweaking the strategy if they lose. They can make adjustments to fit better with a jury.
I'm writing about the SYG hearing now, and what to look forward to. I hope to, anyway.]
I have no idea how this is on the internet , but it is Georgies ex lawyers talking to him. It is very interesting !
http://www.youtube.com/watch?v=gVUqY3tyttc&feature=youtube_gdata_player
sorry , that is not his lawyers, it is a police interview. It sure sounds to me like they had enough to arrest him when this was done. But sorry for the error
[No problem, Elmosmommy, it's very difficult to know everything - every detail - of what's going on and who is who in this case. I recommend that link to everyone. It's very compelling, so thank you for posting the link on this thread. Nan11 posted it on another.]
The following is an interesting eight minute video. A judge from the state of California is interviewed and he specifically discusses the Zimmerman case.
In a way it is encouraging--he explains that the 'amount of force' has to be reasonable. He 'suggests' that from what he has seen so far in this case--that it has not been. (Need I say I rather fell in love with him--because I agree.)
Another interesting thing that he brought up was the fact that the judge could decide that--(and this is for example only)--the element of malice (or deranged mind), has not been proven, and the judge would then drop that part of the charges.
I guess, even though that would mean that Zimmerman would be looking at manslaughter instead of 2nd degree, at least there would still be a trial that could lead to some punishment.
YouTube VIDEO | Florida Stand Your Ground Law's Non Jury Pretrial Hearing Process
[You know, nan11, even if the charge is reduced to manslaughter, it won't matter. Florida has the 10-20-Life law (Florida Statute 775.087) upon conviction of a felony, including felony manslaughter, which is what this case would be:
1) producing a firearm during the commission of certain felonies mandates at least a 10-year prison sentence;
2) firing one mandates at least a 20-year prison sentence; and
3) shooting someone mandates a minimum sentence of 25 years regardless of whether a victim is killed or simply injured. The maximum penalty is a life sentence unless the defendant is charged with felony murder or first degree murder in which case the maximum is the death penalty.]
On that tv show link I posted earlier, I'd like to qualify it by saying it only takes up the first half of the program. Also, note the man's demeanor. At first he acts like he feels justified in killing the guy because he had robbed him before and was doing it again. (I don't know if that came out in this "After 48"version, but it was on the original crime version). Anyway, after they show him the video and he admits his guilt, you can see actual remorse on his face. It might just be because he got caught, but the point I'm making is EMOTION. He's showing emotion which GZ never has shown. I wonder if it's his medication that causes that calm demeanor he's always showing the public. Which is yet another point no one seems to be bringing up. The medication GZ is and was on has never been mentioned since it was first discovered. Being medicated isn't a defense for a crime, but it can explain a whole lot where GZ and his actions are concerned. He was definitely paranoid about breakins when from what I heard. He also shows absolutely no nervousness, irritation, anger, remorse, worry, or any emotion for either his own actions or for TM. This tv show can help visualize what we expected from him. We got nada. nil, nothing. That will help "seal his coffin" I think.
[Thanks for clarifying that, Connie. I think it's Zimmerman's nature to be selfish and self-serving. I don't think he cares a lick about anyone other than himself and his loved ones. I Think he's cynical and extremely egotistical. He only comes across as humble when it serves his purpose. He's very good at deception. Watch him like a hawk and mark my words... when he's at a loss for words, meaning no excuse at the given moment, he will blame it on his ADHD. He won't remember.]
YouTube VIDEO | Published on Aug 9, 2012 by LLMPapa | Zimmerman's Point A To Point B
YouTube VIDEO | Published on Aug 10, 2012 by LLMPapa | Gonna Have To Believe Him
Now, the above two short videos are by LLMPapa who totally sticks to the evidence, so I know it is okay to link them.
The following one; however, may lead to some disapproval. There is no bad language in it--so everything is okay on that front. Where the controversy may come is right after the nine minute mark--where he begins speaking about the 'porch light.'
So, please keep in mind, that even I don't believe that. I believe the 'knocking' we hear is Zimmerman hitting the flashlight as he tries to make it turn on. I believe the 'light' that becomes visible and stays on is Zimmerman's headlights, which stay on automatically for a number of seconds after he exits his vehicle.
But until that point I appreciate the work that this man put into his video. He has somewhat 'synced' the surveillance videos from the club house with the non-emergency call that Zimmerman made that night.
I realize that the State will never be able to use anything like this as evidence because there is no way to be 100% sure whose headlights we are looking at. I believe it enough though, that it makes me say--'if only'...
And the first part of this video is especially interesting to watch right after you watch the first video I linked above, entitled "Zimmerman's Point A to Point B"
BTW--I feel the title of the video is a little 'strong', too. (lol)
YouTube VIDEO | Published on Jun 28, 2012 by Trent Sawyer | PROOF George Zimmerman Stalked, Chased, and Murdered Trayvon Martin!!!
My thought for a long time ever since it came into consideration is that GZ is playing to the hilt and will indeed, in the end, put blame on his condition, which is supposed to be ADHD. I do not know if it can be determined by medical chemical determination if he really has it. If not, surely he can and no doubt will enhance his forgetfulness and convey that he made an unfortunate forgettable spontaneous act when he shot Trayvon. Can't call it spontaneous when he had been following and planning, at least from the moment he saw Trayvon, to try and bring about some kind of hero admiration to himself. This does bother me that he may be able to convince a jury of a condition which can trigger their own guilt to find GZ guilty, or at least uncomfortable in their finding true justice for Trayvon. I am personally acquainted with one who has ADHD/ADD and believe me he gets away with whatever he so choses, fortunately not violent, well, hasn't been, which may only be because all cater to him and excuse all behavior. He thoroughly enjoys being the way he is, which indicates he knows he can rely and stretch whatever he wants and fall back on his ADHD condition. I do not suggest there is no such condition and it is/can be a difficult social handicap because others are usually not acquainted with the facts, therefore have little patience with the personality, still they are most always excused and accepted. As children today there are many ways they can be helped but those who have already come to be adults without proper and correct diagnosis LEARN how to survive and can use this to THEIR benefit. I believe GZ knows that the more he can play on this condition and confuses his audience the more he and O'Mara will feel they will have their best chance to impress for the jurys' favor.
One thing to remember and it should carry a lot of weight is that George Zimmerman shows and speaks no remorse, neither do his loved ones, that I have noticed.
[I'm sure Z will use ADHD to his full advantage. I must say, though, that he had to have been diagnosed with it in order to be prescribed medication for it. It is my understanding that he had stopped taking his meds for awhile. Will he use that as an excuse? Good question, but my guess is yes. Everything you described about your acquaintance is exactly the way I see Z and how he's gotten away with so much during his life. I don't think his parents ever held him accountable for anything. Ever. Even today, his father is making excuses for him. Not once has he said that "My boy has done some stupid things before, but he would never kill." Instead, George has always been perfect.
I never really gave it a thought, but you're right, his family has never offered condolences. Maybe they've been advised against it. Maybe not. Maybe they don't care, just like their son.]
YouTube VIDEO | Linked provided by Elmosmommy
Elmosmommy: I hope you don't mind. I'll just make the linky work with one click.
(FYI - Link highly recommended by Dave.)
[Thank you, nan11.]
Elmosmommy, Nan11, A MOST REVEALING VIDEO! GZ himself should listen to this video over and over, be required to explain every thought and word in written order.
DAMN! that GZ is such a liar! I just listened to the video! My gut feeling is that he shot Trayvon at the moment he mentions that he went to get his phone out of his pocket, he flubs a little when saying what he was going for! Very telling after the officer keeps asking him "what set Trayvon off?" Then George all of a sudden blurts out that Trayvon was standing there with his hand in his waistband! WHAT? He just keeps digging himself. I dont think that the Judge will ever believe this was SYG!
[I don't think any part of Zimmerman's story is true, whistlersmother. Why? Because Trayvon's body was found much farther south of the sidewalk "T" where Zimmerman gave his account during the reenactment. It would have been impossible to shoot him where he said, unless he dragged the body or someone helped him move it. Another thing is the issue with Trayvon's arms. He was lying face-down. Zimmerman said he spread the arms out and away from the body, just to make sure the boy couldn't have attacked him again. Strangely, Trayvon's arms were tucked beneath his body when found by police moments later. Again, nowhere near the T.]
So Dave-help me here with the arms tucked underneath Trayvon. Does that indicate to you that he was shot "by surprise" and fell straight forward with his arms at his side?
I can't say for sure, whistlersmother, but since his arms were straight under his body, it seems to me that he staggered a bit and fell forward, flat on his face. By the time he hit the ground, he was already deceased. Unfortunately, that's the way I see it. That doesn't seem to fit Zimmerman's story, either.
I haven't read the other comments but this part of the parents and the defense team interview pursue an unarmed child. I feel you could easily fill-in any unarmed person. It's what I've been trying to say all along. If you pursue a person,after being told not to,and you are armed how can SYG possibly apply?
The way the law is written, Tommy's Mom, you can pursue someone and if the person attacks you, you have a right to stand your ground. In this case, the defendant claims he was NOT in pursuit, he was merely walking (or was that prancing) back to his truck. As for being told not to pursue, a dispatcher can only offer advice. They are private citizens like you and me and have no authority at all. They can just advise people.
There is no doubt in my mind that George Zimmerman is a trained liar, but liars generally screw up somewhere because they have to keep lying in order to cover the other lies. We're already seeing this in action. Suddenly, his ADHD kicks in and he can't remember. That may work with mommy and daddy, but it won't work in court.