17 yo Trayvon Martin Shot to Death by Neighborhood Watch Captain #30

[Phoenixfla]

The burden is up to him. The state will not make that argument for him, IMO. If what he claims is true the evidence will prove his position. This is why MOM was trying to get as much information out of Gilbreath as he could. MOM does not want to put GZ on the stand if he is not going to do well and if SA can get more information out of GZ to support their case it may not be worth having the SYG hearing and just go for self-defense. With the SYG hearing GZ has to testify which means he could be cross-examined. At this point I don't think MOM would want the state to have that option. If GZ does have a temper this prosecuter will certainly bring it out of it's hiding place for sure. lol jmo

Ok but that does not answer my question which is - Does GZ get access to the evidence that the SA has that could prove he was standing his ground? I understand that the state is going to argue against his position.

 

[Reader]

I mean how would anyone prove they were nearly unconscious?

If he had really needed medical attention after the killing there would be records of his condition from the EMTs, ER and/or doctors that treated him. The absense of any medical reports proving any life threatening condition really makes everything GZ says in his defense very questionable. I haven't heard that GZ said he was 'nearly unconscious', only his brother and father.

IMO

 

[LambChop]

So your saying if the prosecution has a video tape of the incident (just an example) that could clear a defendant they would have no obligation to turn it over to the defense for the SYG hearing?

If they had such a video they would not be charging him with 2nd degree murder. This was investigated by AC. Charges were brought because there is a belief that GZ pursued and confronted TM and that it does not fall under SYG. jmo

 

[TonyGatto]

Can you provide a link to where George Zimmerman made these claims? TIA.

There is no link because GZ has not made any public statements. But you MUST believe one of two things. A-GZ made these claims, as stated in the above post -- or -- B-GZ's relatives are lying. The two cannot co-exist.

 

[Adrienne37]

I thought the investigator at the bond hearing settled that question.

Additionally, I believe the probable cause affidavit clearly indicates that Trayvon was on the phone with his girlfriend.

http://www.foxnews.com/us/interacti...vs-george-zimmerman-affidavit-probable-cause/


~jmo~

 

[Phoenixfla]

Yes, because that would mean the prosecution is committing a crime by prosecuting. If they have exculpatory evidence they withheld and proceeded with trying the case, they would be in violation of statutory law. And I could see some sanctions being brought against any members of the bar involved.

Ok, so can MOM request a copy of "John's" statement through discovery to use at the SYG hearing?

 

[Adrienne37]

This link might have been posted before but I just wanted to highlight something about the evidence from the bond hearing, misinformation or another lie?

http://www.cnn.com/2012/04/20/justice/florida-zimmerman-details/index.html?hpt=ju_c2

Thank you so much Reader!!! Smoke and mirrors, smoke and mirrors.


~jmo~

 

[LambChop]

Ok but that does not answer my question which is - Does GZ get access to the evidence that the SA has that could prove he was standing his ground? I understand that the state is going to argue against his position.

There is none or the State would not have filed charges. They are prohibited by law to do so. The State filed those charges because they have no proof of SYG. jmo

 

[m00c0w]

There is no link because GZ has not made any public statements. But you MUST believe one of two things. A-GZ made these claims, as stated in the above post -- or -- B-GZ's relatives are lying. The two cannot co-exist.

That came across to me as the brother embellishing. I think he was more giving an example of Zimmerman's state of mind at the moment rather than directly quoting anything.

 

[LambChop]

Ok, so can MOM request a copy of "John's" statement through discovery to use at the SYG hearing?

MOM can get his own statement from John. MOM has access to PI's. jmo

 

[Phoenixfla]

There is none or the State would not have filed charges. They are prohibited by law to do so. The State filed those charges because they have no proof of SYG. jmo

I understand that it is the Judge's decision weather SYG applies, not the SA, and that is the whole point of the SYG hearing?

 

[m00c0w]

Ok, so can MOM request a copy of "John's" statement through discovery to use at the SYG hearing?

The defense can request whatever they want from the State. I'm saying that if there was clearly exculpatory evidence that the prosecution withheld so they could go to trial, they're violating the immunity clause in Florida law.

 

[mercuriod]

Ok, so can MOM request a copy of "John's" statement through discovery to use at the SYG hearing?

Why would he need to? Why wouldn't he just call "John" to the stand and get his answers from the horses mouth?

 

[jjenny]

Plus it was preceded by shouting, leading a number of people to call 911. And there was a young man lying unconcsious. I don't buy the theory that the photog didn't realize the gravity of the situation.

So somebody took a photo? And the surprises anyone why exactly? Nowdays people take photos and videos of crimes in progress, not just some photo after the fact.

 

[Phoenixfla]

If they had such a video they would not be charging him with 2nd degree murder. This was investigated by AC. Charges were brought because there is a belief that GZ pursued and confronted TM and that it does not fall under SYG. jmo

Ok, poor example on my part. I'll stick to the facts of the case. Will GZ be able to obtain a copy of John's witness statement and enter it as evidence in the SYG hearing?

 

[TonyGatto]

That came across to me as the brother embellishing. I think he was more giving an example of Zimmerman's state of mind at the moment rather than directly quoting anything.

Could be. I really think this will come down to statements made by GZ to police. He said there were three interviews. How damaging might they be to GZ, I don't know, but I believe these interrogations are what SA is hanging its hat on and why they are going for murder.

 

[mercuriod]

That came across to me as the brother embellishing. I think he was more giving an example of Zimmerman's state of mind at the moment rather than directly quoting anything.

"Embellishing", why shucks is that some fancy word for LYING? Guess all us backwards hicks just don't know the difference.

 

[m00c0w]

"Embellishing", why shucks is that some fancy word for LYING? Guess all us backwards hicks just don't know the difference.

Nope. Just means to make it attractive and pretty. You can embellish and tell the truth at the same time. It's all about word choice and how you phrase it.

 

[mercuriod]

Ok, poor example on my part. I'll stick to the facts of the case. Will GZ be able to obtain a copy of John's witness statement and enter it as evidence in the SYG hearing?

Again, why would he need to? Why wouldn't he just call "John" to the stand?

 

[LambChop]

I understand that it is the Judge's decision weather SYG applies, not the SA, and that is the whole point of the SYG hearing?

It was not a judge that decided not to file charges against GZ initially, it was Mr. Wolfinger, SA. Once GZ was charged he is entitled to ask for a SYG hearing to be heard by the judge. SA could have made that decision and not charged GZ if the evidence showed GZ was telling the truth. For some reason SA feels GZ's statement is not consistent with the evidence for they filed 2nd degree murder charges, which is more than any of us here expected. Most thought it would be manslaughter. jmo