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Frye Hearing Day 1

SANFORD, Fla. -

The hearing to determine whether state voice experts will be included in George Zimmerman's second-degree murder trial ended without a decision on Monday.

Nelson held the Frye hearing, which was focused on the audio experts testifying about the screams heard in the background of neighbors' 911 calls, on June 8 but no decision was made.

Nelson said the remainder of the Frye hearing will be held Wednesday at 4 p.m. for the state to call a rebuttal witness.
Click to expand...

http://www.clickorlando.com/news/voice-expert-hearing-in-george-zimmerman-trial-to-continue/-/1637132/20601046/-/lacacf/-/index.html
 
Robert Zimmerman has released a book about the case against his son, George, who is standing trial for the fatal shooting of 17-year-old Trayvon Martin. In it, he shares his views on "how and why" his son has been charged with murder .

"Florida v. Zimmerman: Uncovering the Malicious Prosecution of my Son, George" was released as an e-book Wednesday. The description reads simply: "This book describes how and why my son, George Zimmerman, has been charged with the crime of murder."

(snip)

http://www.huffingtonpost.com/2013/...ather-african-americans-racist_n_3447025.html

The most striking chapter is called “Who Are The True Racists,” an apparent effort to rebut claims that his son’s actions were racially motivated. (snip)

He then goes on to list various black leaders and organizations that he believes are racist:

Congressional Black Caucus. “[A] pathetic, self-serving group of racists… advancing their purely racist agenda.” He later adds that “all members of Congress should be ashamed of the Congressional Black Caucus, as should be their constituents.” And finally: “They are truly a disgrace to all Americans.”

The NAACP. “imply promotes racism and hatred for their own, primarily finical, interests” and “without prejudice and racial divide, the NAACP would simply cease to exist.”

(snip)

http://thinkprogress.org/media/2013...ys-the-true-racists-are-all-african-american/
 
List of 32 retained jurors in the George Zimmerman trial

Jurorlist2_zps35c1086c.jpg~original


http://www.cfnews13.com/content/new...icles/cfn/2013/6/14/george_zimmerman_jur.html
 
More possible Zimmerman jurors asked to return

http://www.centurylink.net/news/rea...p-week_2_of_jury_picking_resumes_in_zimmer-ap

SANFORD, Fla. (AP) — Potential jurors' views on race were the focus of questioning Monday in the second week of jury selection for the Florida murder trial of George Zimmerman in the fatal shooting of Trayvon Martin............

Separately, Circuit Judge Debra Nelson must still decide whether to allow voice identification experts to testify at trial about screams captured on 911 calls. Voice recognition experts were hired by lawyers and news organizations to analyze the calls, which were made by neighbors during the confrontation between Martin and Zimmerman. Thus far, the experts have reached mixed conclusions about whether they belong to the teen or the neighborhood watch volunteer. Defense attorneys don't want the experts to testify.

After potential jurors went home on Monday, Nelson listened to testimony from defense voice-recognition expert James Wayman who discounted methods used by two prosecution experts. One expert said in a report that the screams came from Martin and the other expert ruled out Zimmerman during testimony at a pretrial hearing. Wayman also doubted the screams came from just one person and said the 911 call was just too small a sample from which to draw conclusions. Wayman said he was "baffled" by the methodology of one of the experts.

"That is not enough data ... to do any reliable estimation of who the speaker is," Wayman said.

Testimony from audio experts is expected to continue through jury selection this week..........more in 3p. article.....

****
Judge reads charge against Zimmerman to jurors

http://www.centurylink.net/news/rea...p-zimmerman_jury_selection_moves_into_next-ap

SANFORD, Fla. (AP) — A Florida judge read the formal charge against George Zimmerman on Wednesday to 40 potential jurors who could be selected to decide if the neighborhood watch volunteer committed murder when he shot an unarmed Trayvon Martin.

Judge Debra Nelson read the second-degree murder charge before the potential jurors who are moving on to the second round of questioning of what they know about the case............

Twenty-seven of the 40 potential jurors are white, seven are black, three are mixed race and three are Hispanic. Twenty-four are women and 16 are men.

The potential jurors shared personal details about their lives during Wednesday's questioning. Several were involved with rescuing animals, and the pool included a competitive arm-wrestler and a man who enters barbecue competitions..........more......

[Both articles have good pictures at top]

****
Two good twitter links posting on case:

https://twitter.com/khightower

https://twitter.com/MikeSchneiderAP
 
Zimmerman/Martin Jury and Alternates Finalized


Jury

B29,woman, was questioned by Don West for the defense. She reported that she had arrived from Chicago only four months ago, but had “no idea” about the case, and said “I don’t like watching the news, period,” and “I don’t read any newspapers, don’t watch the news.” She did, however, recall that some “little boy passed away,” and “I’m assuming he was a kid, 12 or 13.” She recalled seeing pictures of Trayvon in various formats, including T-shirts. She reported hearing people talking about the event and taking sides about the “child who died.”

B 37, female. She had a humorous degree of disdain for the press, indicating that her only “use for newspapers is for the parrot’s cage, that’s a better use than reading,” and that the “newspapers are just not truthful.” She recalled rioting in Sanford, people picketing, lots of news media, when the case first began to receive heightened attention. Her recollection of the event was that “an unfortunate incident happened,” and indicated that she had “not formed an opinion.” When asked directly whether she trusts the media, she responded, “I do not.” She said that she had many pets, including 3 dogs, 4 cats, a parrot, a crow with one wing, and two lizards. Also, two daughters. When asked about here recollection of the victim, she indicated that he was a “boy of color,” in his late teens. She recalled that Zimmerman had been involved in a scuffle, late at night, and a “boy” had been killed.

B 51, older white woman. She indicated that she recalled some basic facts about the case, including that Zimmerman was in Neighborhood Watch and had a gun permit. Unusually, she also indicated that she was a newspaper reader. She indicated that she had not formed an opinion about the case. She said she found the case “sad” on both sides, and that the loss of life is always sad. She expressed surprise that the neighborhood watch in Zimmerman’s neighborhood was so active and organized. When asked if Zimmerman had been doing something wrong being in the Neighborhood Watch, she said, no, “he was doing what he was supposed to be doing.” She also recalled reading that Zimmerman had been told not to follow Martin, that the police “asked him to wait . . . I’m thinking he didn’t wait was a problem . . . he didn’t wait.” Asked by West if she thought Zimmerman had done something wrong, she responded, “No. Perhaps he did. Yes,” for not waiting on the police. She indicated that she is open to changing her mind if presented with contrary evidence: “I’m not closed minded.” She was aware that some people felt that Zimmerman was not arrested quickly enough, and that’s why the police chief was replaced.

B 76, woman. she recalled hearing that a young man had been shot and that Zimmerman had been injured. She also said that she didn’t believe what she heard on TV.

E 6,white woman with a blonde ponytail who appeared nervous. She said she heard about he case on the local news about when the shooting happened. She indicated that she saw “a headline here and there,” but didn’t’ follow the case closely. She told the State that she always takes the news “with a grain of salt”, and that she was confident she could judge the case on the evidence. She said she has two children, 11 and 13, and that she would not allow them to “walk around at night.” West questioned E6 for the defense. She said she was working full-time when the confrontation occurred, and didn’t recall any pictures from right after the shooting. She said she didn’t particularly follow this case, and that “I’m not one to just sit in front of the TV.” She was aware that Zimmerman had been a neighborhood watch person, and when asked said she thought that neighborhood watch could be either a good or bad thing. She did recall seeing a picture of Zimmerman’s bloody face, “just the one basic picture, the same picture I think they always flash.” She also said she’d heard the recordings of both Zimmerman’s non-emergency call and the Witness #11 911 call. She said she didn’t have an opinion about who might have been screaming on the 911 call. With regard to the expert witnesses on speech recognition and speaker identification, she recalled that “there was nod determination made, something to that effect.” She also was dismissive of the news, saying “I don’t put much stock to what’s in the news, it’s so speculative,” and that she can accept limiting the verdict to evidence presented at trial. When questioned by West she said that she used the case as a lesson for her kids to be careful, to not give a “false impression.”

E 40, middle-aged white woman, perhaps in her 60s. She was living in Iowa when events occurred, and the matter wasn’t big news in Iowa. She said she “just didn’t have time” to follow the case, because she was too busy at work. She was aware that “somebody was a teenager.” O’Mara questioned for the defense. She indicated that she would keep fellow jurors focused on the evidence and the judge’s rules. She said that she didn’t watch much news, but that her default news station is NBC. Defense then wrapped up, making E40 one of the most quickly completed prospective jurors of the day. There was a sense that the lawyers for both sides were becoming fatigued.



Alternates


E54, white man w/ teenager - white male probably in his 50s, and a “dead ringer for Oliver Stone.” He recalled Zimmerman phoning the police to report a suspicious person. He also recalled that there was a later 911 call. E54 appeared to be by far the best informed juror of the day. He knew that Zimmerman had not been arrested right away, and that he was eventually charged with second degree murder. He also knew about the protests at the time, but says he “lost interest in it.” He expressed wonder at why there were protests when the police apparently though there was no reason to even charge Zimmerman, and assumed that new evidence must have been developed which led to Zimmerman’s later arrest. He said he thought about joining a protest because of Zimmermans’ arrest. [Editorial comment: No jury for you!] He then said about the protests that, “it turned out to be a good thing, I guess, because we’re trying to learn the truth.” He recalled that the protests started off as local people, then national people like Al Sharpton and Jesse Jackson Jr. got involved. He said he watches TV for his news, primarily the national ABC network. E54 observed that his son dresses in the same way Trayvon was described as dressing, and he used the event to talk to him about the shooting, “just to be careful, people who wear that outfit can be misconstrued.” He recalled Zimmerman’s injuries and that Zimmerman had been “attacked.” De la Rionda jumped on that disclosure, clearly concerned about the word “attacked” to describe Martin’s actions against Zimmerman. West questioned E54 for the defense. He affirmed that he would base his verdict on the evidence produced in court.


B72, young man, maybe Hispanic - “jack of all trades,” described as a white or hispanic male in his 20s, who mentioned being a classroom teacher, program coordinator, and “maintenance technician” where he said he “maintains the facilities” of a school. I see this meaning he was a janitor. He said he had a “dark view” about the media, and didn’t want to be “brainwashed” by them. He is also a self-described competitive “wrestler” and “arm wrestler”. The three things that he says stuck in his mind about the case? The words “Zimmerman”, “Trayv-e-on” (mispronounced), and “skittles. He is a colorful conversationalist, often adding bits of information that is entertaining, though not always pertinent He also believes that the college culture, and liberal professors in particular, are “way to out there.”, referring to liberal bias. He said he didn’t pay much attention to the news, saying “it drags you down,” stuff like “tornadoes, shootings.” Asked if he remembered the day he first heard about the case he said that he did, it was the same day that he accomplished his first one-armed pull-up. He recalled that that Zimmerman had been a “community patrol guard,” and when asked if Zimmerman had pursued Martin answered, “I don’t know.” He said that some of his friends think, “Yeah, Zimmerman definitely did it,” and one friend thought that Zimmerman was just “guarding his turf.” He said that he talked with a friend who was “passionate” about the case, who said that Martin was innocent and Zimmerman “shot the poor kid,” although B72 says he does not take that friend’s opinion to heart. He indicated that he could understand finding someone suspicious in the neighborhood but that he would pursue the person.


E13, white college girl - A very young white woman who seemed to know nothing. She worked two jobs but says she can be sequestered. She basically knew nothing about the case. She was described as giggly and light-hearted. She recalls hearing that it was a “racial thing,” based on things the Martin family had said, and added, “A lot of people think that.” Still, she says “I don’t really know,” when asked if she thins Zimmerman was racially motivated, because she doesn’t know what happened.


E28, white woman nurse - A plump white woman in her 60′s, she works odd hours and knows very little about the case as well. She said she was ‘very old-school, I do not have Facebook.” She says she “purposely did not” research or read about the case after receiving the questionnaire. She said she’s had no discussion of the case at church or at any social organizations, and that she’d never heard anything good or bad about Mr. Zimmerman.


(descriptions by reporters and attorneys tweets and chat during vior dire and final selection)
 
Meet the jurors in the George Zimmerman trial
http://www.foxnews.com/us/2013/06/20/meet-jurors-in-george-zimmerman-trial/

6 JURORS:

B-29: Described as a Hispanic woman, who works as a nurse treating patients with Alzheimer's. She has seven children and lived in Chicago at the time of the February 2012 shooting.

B-76: Described as a white middle-aged woman, who said Zimmerman had an "altercation with the young man. There was a struggle, and the gun went off."

B-37: Described as a middle-aged white woman, who works for a chiropractor and has many pets. She described protests in Sanford sparked after the delay in Zimmerman's arrest as "rioting."

B-51: Described as a retired white woman from Oviedo, Fla., who has a dog and 20-year-old cat. She knew a good deal about the case but said, "I'm not rigid in my thinking."

E-6: Described as a young white woman and mother, who used to work in financial services. She used this case as an example to her adolescent children, warning them to not go out at night.

E-40: Described as a white woman in her 60s, who lived in Iowa at the time of the shooting. She heard national news reports and recalls the shooting was in a gated community and a teenager was killed.

4 ALTERNATES:

E-40: Described as a white man in his 50s. He cautioned his 16-year-old stepson about wearing hoodie, which Trayvon Martin was wearing at the time of the shooting.

B-72: Described as a Hispanic man in his 20s, who works as maintenance technician at a school. He is a self-described power lifter and arm wrestler.

E-13: Described as a white woman in her 20s. She has brother who is black. She says she "never" watches the news, but when she first heard of shooting thought it was a "racial thing."

E-28: Described as a white middle-aged woman, who works as a nurse and says she listens to a lot of radio on her 15-minute commute. She said she knew little about the case and has no opinion about Zimmerman's guilt.
 
http://www.miamiherald.com/2013/06/20/3461323/defense-questioning-potential.html

SANFORD -- Sixteen months after George Zimmerman fatally shot Trayvon Martin during a brawl that drew worldwide attention and sparked racial tension, an all-female jury — all but one of whom are white — will decide if the neighborhood watchman is guilty of murder.

Lawyers will present their opening statements Monday morning. The six jurors plus four alternates were sworn in Thursday afternoon........

Coral Gables criminal defense attorney Jose Baez said he believes the jury “clearly favors the defense,” adding that women may side with Zimmerman over issues of self-defense. Even though jurors are not supposed to be dismissed for reasons of race, Baez said the defense won by limiting people of color on the panel. ..........

Miami criminal defense lawyer Larry Handfield said he thought prosecutors could benefit from the jury’s gender.

“When you have a panel that is dominated by females, they bring in the parental, maternal instincts of being sympathetic toward the victim, who was a young kid in high school,” Handfield said......more at link.....

****

Kyle Hightower ‏@khightower 5h
First six members of jury are: B29 B76 B37 B51 E6 and E40

Tony Pipitone ‏@TonyPipitone 4h
Alternates are e54, E73, b72 and e13.
Retweeted by Kyle Hightower

Kyle Hightower ‏@khightower 4h
Defense strikes alternate E73

Kyle Hightower ‏@khightower 4h
E28 takes place of E73

Kyle Hightower ‏@khightower 4h
Sorry, judge doesn't allow state proposed strike of E6

Kyle Hightower ‏@khightower 4h
Final #Zimmerman jury of six all female. Four alternates two women, two men. #TrayvonMartin

Kyle Hightower ‏@khightower 3h
State atty Richard Mantei says in oral argument that jury should be allowed to sort out disputed issues w/voice analysis.

David Ovalle ‏@DavidOvalle305 2h
West on Zimmerman team trying to grasp Reich's work: "We're absolutely scrambling to get our hands around this and we’re not even there yet.
Retweeted by Kyle Hightower

Kyle Hightower ‏@khightower 2h
Judge says she will review all notes and hopes on issuing ruling Friday. Also says opening statements will Monday. #Zimmerman

Kyle Hightower ‏@khightower 26m
All-Women Jury Chosen for George Zimmerman's Trial http://abcnews.go.com/US/wireStory/martin-jurors-asked-presumption-innocence-19445398 …

Kyle Hightower ‏@khightower 2m
A look at the jurors for George Zimmerman's trial (from @AP) #trayvonmartin http://apne.ws/148nKCf

https://twitter.com/khightower
 
All-woman jury of 6 seated for George Zimmerman trial

The six jurors:
B-29 — A black/Hispanic woman, who moved to Florida from Chicago four months before the trial began. She has been married for 10 years, and has eight children. Her oldest son is 20.

B-76 — A white woman who has lived in Seminole County since 1995. She previously owned a construction company with her husband. She has two children; her older son, 28, is a foreclosure/divorce lawyer.

B-37 — A white woman who has lived in Seminole County for 18 years. She is an animal rescue volunteer who owns multiple pets, including three dogs, four cats, a ferret, a couple lizards, a parrot and a crow with a broken wing. She is married to an attorney in the space industry, with two daughters.

B-51 — A white woman who has lived in Seminole County for the last nine years, and a Central Forida resident since 1987. She is retired, and previously worked in real estate. She is not married and has no children. She has previously served as a juror twice, once three years ago, and once in 1991 in Orange County.

E-6 — A white woman who has moved to Seminole County two years ago from Orange County, where she had lived since 2004. She is unemployed, and volunteers at a school where her children, ages 11 and 13, attend. Her husband is an engineer.

E-40 — A white woman who moved to Florida from Iowa in November 2012. She works as safety officer, and is married to a chemical engineer, with a 28-year-old son. She previously served as a juror 20 years ago in a drug-dealing case in Pennsylvania.

The four alternates:
E-54 — A white man who grew up in Central Florida, and has lived in Seminole County for 14 years. He is married with two stepchildren; one is 16, and the other is in his late 20s. He mentioned during initial questioning that one of his stepson wears hoodies, and had talked to him after the shooting about being "careful" and "cautious" of his actions.

B-72 — A mixed-race man in his 20s. He is a competitive arm wrestler who bragged about doing a one-armed pull-up the day he first heard about the shooting. He is single with no children, and works as a maintenance technician at a school. He has lived in Seminole County for nine years, and is previously from Chicago.

E-13 — A white woman who has lived in Seminole County for 17 years. He is a surgical assistant who owns and rides horses. She lives with her parents, and her brother is black.

E-28 — A white woman who works in a hospital operating room. She is married to a teacher, and has two children, ages 28 and 33. She is a member of a professional organization, and volunteers for Relay for Life.


....more at link
http://www.cfnews13.com/content/new...icles/cfn/2013/6/20/george_zimmerman_tri.html
 
SANFORD, Fla. —Judge Debra Nelson is expected to make a case-changing ruling in the second-degree murder case against George Zimmerman.


Nelson said Friday morning she will rule in writing on whether voice expert testimony will be allowed about a 911 call made the night Trayvon Martin was killed.
(snip)

Nelson also ruled that in opening statements prosecutors can say that Zimmerman profiled Martin but they may not say the Miami teen was racially profiled by the neighborhood watch volunteer.

She said the state can say that Zimmerman confront Martin because that is the basis for their case. The terms "vigilante" and "wanna-be cop" will also be allowed.

Read more: http://www.wesh.com/news/central-fl.../20658448/-/x3irab/-/index.html#ixzz2WraBhAGM
 
https://twitter.com/khightower

Kyle Hightower ‏@khightower 6h
Prosecutors can say 'profiled' at Zimmerman trial - Yahoo! News http://news.yahoo.com/prosecutors-profiled-zimmerman-trial-145211101.html … via @YahooNews #zimmerman #trayvonmartin

Kyle Hightower Kyle Hightower ‏@khightower 8h
Attorneys clear issues before opening statements (from @AP) #zimmerman #trayvonmartin http://apne.ws/19a77x1

Kyle Hightower Kyle Hightower ‏@khightower 8h
We are on recess until Monday for opening statements. #zimmerman #TrayvonMartin

Kyle Hightower Kyle Hightower ‏@khightower 8h
Judge also will allow state to use "wannabe cop" and reference that #Zimmerman confronted #TrayvonMartin

Kyle Hightower Kyle Hightower ‏@khightower 8h
Judge says state can't say "racially profiled" but can use "profiled".

Kyle Hightower Kyle Hightower ‏@khightower 8h
Def atty O'Mara says he's concerned that jury will be "infected" by use of "profiled"

Kyle Hightower Kyle Hightower ‏@khightower 8h
State says it may say profiled b/c it's possible to profile a person without suggesting it was racially motivated.

Kyle Hightower Kyle Hightower ‏@khightower 8h
State atty John Guy says state will not say in opening statement that #zimmerman "racially profiled" #TrayvonMartin

Tony Pipitone Tony Pipitone ‏@TonyPipitone 9h
State denies concealment or grounds for any sanctions, saying "tossing out rules of evidence is a bad idea."
Retweeted by Kyle Hightower

Jeff Weiner Jeff Weiner ‏@JeffWeinerOS 9h
O'Mara wants authentication rules relaxed re #TrayvonMartin's phone, says state delay kept him from properly prepping. #GeorgeZimmerman
Retweeted by Kyle Hightower

Kyle Hightower Kyle Hightower ‏@khightower 9h
We are in session in Zimmerman trial. Zimmerman will not appear at this hearing his attorney just said.
 
Judge blocks audio expert testimony in Trayvon Martin case

http://www.reuters.com/article/2013/06/22/us-usa-florda-shooting-idUSBRE95L09P20130622

(Reuters) - The judge in the George Zimmerman trial has ruled that two voice identification experts who suggested that unarmed black teenager Trayvon Martin screamed for help before he was shot and killed by Zimmerman will not be allowed to testify at the trial........

In her 12-page order, Nelson said the decision does not prevent either side from playing the 911 tape and presenting witnesses familiar with Zimmerman's and Martin's voices from stating their opinions......more.....
 
Jurors will listen to a recording of the chilling 911 call that captured the distant, fearful cries in the vicious outdoor fight between George Zimmerman and Trayvon Martin.

But the jury in the closely-watched case won’t hear from two prosecution audio experts who suggested that the voice screaming out in fear belongs to Trayvon, a Seminole County judge ruled Saturday in a decision some legal observers called a significant blow to the prosecution two days before the trial opens.

Read more here: http://www.miamiherald.com/2013/06/22/3464998/judge-excludes-state-audio-experts.html#storylink=cpy
 
Zimmerman Update Exclusive — Witnesses: Trayvon on ground when shot, Zimmerman on top in fight
Wednesday, June 26, 2013 at 12:55pm


The State has moved through one witness completely this morning, with a second now undergoing cross examination by O’Mara, when the Court recessed for lunch. We expect O’Mara will continue with this second witness after the lunch break. Both of the witnesses, Jane Sudyka and Jeanee Nanaloo, were residents of Twin Lakes at the time of the incident, and both resided in townhouses that overlooked the scene of the confrontation.



Although direct was straightforward with both witnesses, Sudyka’s credibility was effectively destroyed by West on cross, and Nanaloo seems on the road to a similar fate at the hands of O’Mara. Indeed, Nanaloo’s testimony may open the door to the admission of some photographic evidence favorable to the state that might not otherwise have been admissible (although at this point that’s speculation on my part).

Jane Sudyka

Sudyka lived in the row of townhouses at just above the upper part of the “T” formed by dog walk. Her testimony was largely centered on the 16 minute long 911 call she made that night, which can only be described is histrionic. Had I heard that 911 recording in a non-court context I would have assumed it to be part of a scene from a low-quality comedy movie in which the actress had been told to “overact ridiculously, the more exaggerated the better.”



More objectively, however, were observation testimony by Sudyka that was clearly contrary to facts known and accepted by everyone else involved in the case. On at least three separate occasions Sudyka referred to the “three shots” fired by Zimmerman–”pop, pop, pop”. No one but her has ever suggested that there was more than a single shot fired.

She testified that it was while she as on the 911 call with police that the shot was fired, sticking to that assertion vigorously. In fact, the 911 recording was played in court–yes, every single 16 minutes of it–and no shot was audible.

She also described the relative positions of Zimmerman and Martin at the moment the shot was fired as being such that the bullet could only have struck Martin in the back (that is, she describes him as laying face down on the ground at that moment, with Zimmerman above him). We know, of course, that Martin was shot in the center chest area, right over the heart, and the bullet did not over-penetrate.

Interestingly, Sudyka also stated several times that the rainfall at the time was quite heavy–’buckets of rain” was the phrase she used, so intense that she needed to close a window to prevent rain from entering her home. This observation favors the defense, which has suggested that the rain may have washed away the traces of blood that several witnesses have said was not evident at the scene. Indeed, so damaging were these statements to the State that Mr. de la Rionda rose on re-direct for the sole purpose of inducing Sudyka to make corrective statements downplaying the intensity of the rainfall.

Sudyka also was insistent that she had heard two voices, one a loud, aggressive, confrontational, dominating voice and the other a softer, meeker voice. She attributed the confrontational voice to Zimmerman and the meeker voice to the “boy,” Martin. It emerged on cross, however, that she had never previously heard either Zimmerman or Martin’s voice, and was making her assignment based on assumptions of how they might sound, not on personal knowledge.

Near the end of cross West asked he if she had appeared on national television to discuss the case, and Sudyka denied this. Really? he asked

Sudyka: Well, just the one time on Anderson Cooper, but only on condition that I not be named or identified.

West: Weren’t you also on television another time?

Sudyka: Well, yes, I was videotaped by another journalist.

West: And that was played on TV several times.

Sudyka: I only saw it once.

West: So you were taped, and you saw yourself on TV, that second time?

Sudyka: Yes.

And that was all for Sudyka (except for BDLR’s brief re-direct on the rain issue.)

Jeannee Nanaloo

Nanaloo’s key testimony on direct was her identification of Zimmerman as the man who was on top during the struggle on the ground, contrary to all other evidence discussed so far in this case. She based this perception on the differing size of the two people, saying that it was the larger person who was on top. Obviously, if correct, this testimony is profoundly inconsistent with the defense’s theory of the case.



O’Mara is handling the cross of Nanaloo, and has hit on three key points of attack so far. First was how dark the scene was that night, and how difficult it was for Nanaloo to make out what was happening. He successfully managed her to agree that all she was really able to see at the time was shadows, and even those only from inside her townhome, as she had never stepped outside.

The second line of attack is that her sudden ability to differentiate between the two people has emerged only today in court. In none of her prior statements, including one the evening of the attack, a later statement to investigators, and depositions to both the State and the defense, had she ever mentioned this ability to determine that it was Zimmerman who was on top. Her reason for not mentioning it previously? Nobody had ever asked her.

The third line of attack, and the one currently on pause for lunch, is to better understand the basis on which she judged Martin’s size. She did not know Martin prior to the shooting, and obviously could not have seen him afterwards except in photos. We all know, of course, that many of the photos distributed after the event show Martin as a much younger person than the 17-year-old, 6-foot-plus young man he was at the time of his death. O’Mara is midway through the process of pinning down which pictures she may have used for her assessment. Obviously pictures that showed only a portion of Martin’s body, such as just his face, and/or that showed him when much younger would result in a misleading perception on Nanaloo’s part, effectively destroying the credibility of her testimony.

That’s it for the mid-day wrap-up, join us back live again immediately as the Court goes back into session.
http://legalinsurrection.com/2013/0...es-tm-on-ground-when-shot-gz-on-top-in-fight/
 
Zimmerman Trial Day 3 – End-of-Day Analysis & Video of State’s Witnesses
Posted by Andrew Branca
Wednesday, June 26, 2013 at 7:50pm


At the start of day two things of note occurred. First, the Court ruled that Zimmerman’s prior calls to police would be admissible as evidence. (Accordingly, later in the day Ramona Rumph returned to Court to testify as to their authenticity.)


Second, the Court dismissed one of the alternate jurors (B72, the gentleman of the one-armed pull-up). Although it was first reported that he was dismissed for the day, in fact any juror that misses any part of testimony must be dismissed from the case entirely. So, we’ve lost our first alternate juror, on the third day into the trial.


The morning saw two of the State’s witnesses testify, Jane Sudyka and Jeanee Manaloo, both of whom were residents of Twin Lakes at the time of the incident and who appeared to testify as to their observations that night. Manaloo’s cross-examination continued until after lunch, when she was followed by brief testimony from Ramona Rumph, the custodian of records for the police emergency call recordings. Finally, the last of the State’s witnesses for the day was Rachel Jeantel, otherwise known as “Dee-Dee”, as Trayvon Martin’s “16-year-old girlfriend,” and as the last person to speak with Martin before his deadly confrontation with George Zimmerman.



Although direct was straightforward with most of the witnesses, Sudyka’s credibility was effectively destroyed by West on cross, and Manaloo suffered a similar fate in cross at the hands of O’Mara. Rumph’s testimony was mostly straightforward and procedural in nature, although O’Mara as usual came with an interesting approach. The day’s last witness, Rachel Jeantel, soundly positioned herself as the “character” of the trial up to this point, and seems likely to retain that crown through reading of the verdict. Jeantel’s cross-examination was incomplete when the Court recessed for the day, and she will return to complete cross by West in the morning.

Jane Sudyka

Sudyka lived in the row of townhouses at just above the upper part of the “T” formed by the dog walk. Her testimony was largely centered on the 16 minute long 911 call she made that night, which can only be described is histrionic. Had I heard that 911 recording in a non-court context I would have assumed it to be part of a scene from a low-quality comedy movie in which the actress had been told to “overact ridiculously, the more exaggerated the better.”


More objectively, however, was testimony by Sudyka that was clearly contrary to facts known and accepted by everyone else involved in the case. On at least three separate occasions Sudyka referred to the “three shots” fired by Zimmerman–”pop, pop, pop”. No one but her has ever suggested that there was more than a single shot fired.


She testified that it was while she was on the 911 call with police that the shot was fired, sticking to that assertion vigorously. In fact, the 911 recording was played in court–yes, every single 16 minutes of it–and no shot was audible.

She also described the relative positions of Zimmerman and Martin at the moment the shot was fired as being such that the bullet could only have struck Martin in the back (that is, she describes him as laying face down on the ground at that moment, with Zimmerman above him). We know, of course, that Martin was shot in the center chest area, right over the heart, and the bullet did not over-penetrate.


Interestingly, Sudyka also stated several times that the rainfall at the time was quite heavy–’buckets of rain” was the phrase she used, so intense that she needed to close a window to prevent rain from entering her home.


This observation favors the defense, which has suggested that the rain may have washed away the traces of blood that several witnesses have said was not evident at the scene. Indeed, so damaging were these statements to the State that Mr. de la Rionda rose on re-direct for the sole purpose of inducing Sudyka to make corrective statements downplaying the intensity of the rainfall. It also supports the defense’s contention that Zimmerman was exercising reasonable judgment in thinking it suspicious that Martin was out walking in the rain.


Sudyka also was insistent that she had heard two voices, one a loud, aggressive, confrontational, dominating voice and the other a softer, meeker voice. She attributed the confrontational voice to Zimmerman and the meeker voice to the “boy,” Martin. It emerged on cross, however, that she had never previously heard either Zimmerman or Martin’s voice, and was making her assignment based on assumptions of how they might sound, not on personal knowledge.


Near the end of cross West asked he if she had appeared on national television to discuss the case, and Sudyka denied this. Really? he asked

Sudyka: Well, just the one time on Anderson Cooper, but only on condition that I not be named or identified.

West: Weren’t you also on television another time?

Sudyka: Well, yes, I was videotaped by another journalist.

West: And that was played on TV several times.

Sudyka: I only saw it once.

West: So you were taped, and you saw yourself on TV, that second time?

Sudyka: Yes.

And that was all for Sudyka (except for BDLR’s brief re-direct on the rain issue.)


Jeannee Manaloo

Manaloo’s key testimony on direct was her identification of Zimmerman as the man who was on top during the struggle on the ground, contrary to all other evidence discussed so far in this case. She based this perception on the differing size of the two people, saying that it was the larger person who was on top. Obviously, if correct, this testimony is profoundly inconsistent with the defense’s theory of the case.


O’Mara is handling the cross of Manaloo, and has hit on three key points of attack so far. First was how dark the scene was that night, and how difficult it was for Nanaloo to make out what was happening. He successfully managed her to agree that all she was really able to see at the time was shadows, and even those only from inside her townhome, as she had never stepped outside.



The second line of attack is that her sudden ability to differentiate between the two people has emerged only today in court. In none of her prior statements, including one the evening of the attack, a later statement to investigators, and depositions to both the State and the defense, had she ever mentioned this ability to determine that it was Zimmerman who was on top. Her reason for not mentioning it previously? Nobody had ever asked her.


The third line of attack is to better understand the basis on which she judged Martin’s size. She did not know Martin prior to the shooting, and obviously could not have seen him afterwards except in photos.


We all know, of course, that many of the photos distributed after the event show Martin as a much younger person than the 17-year-old, 6-foot-plus young man he was at the time of his death. O’Mara is midway through the process of pinning down which pictures she may have used for her assessment. Obviously pictures that showed only a portion of Martin’s body, such as just his face, and/or that showed him when much younger would result in a misleading perception on Manaloo’s part, effectively destroying the credibility of her testimony.

O’Mara continued his questioning along these lines, at first before the jury had been brought into the courtroom from the recess. He held up a variety of pictures and asked Manaloo if she had used her knowledge of that particular picture in coming to her determination of the size of the two men. The ones she acknowledged having used for that purpose were set aside and used in questioning before the jury.

Among these were the “hoodie” picture, two “football” pictures, and the Hollister picture. For each of them Manaloo acknowledged that Martin appeared younger in the picture–sometimes a great deal younger–than his 17 years of age at the time of his death.


O’Mara also asked her about earlier statements in which she said that the person who was on top in the fight on the ground was the person she later saw talking with her husband after the shooting. Obviously the person talking to her husband was Zimmerman, so this would support her contention that it was Zimmerman on top during the struggle.

In fact, asked O’Mara, you’re not certain as you sit here today who was where during that altercation, are you? She acknowledged that she was not. West had no more questions.


Bernie de la Rionda launched into re-direct like a bull, quickly triggering a stream of defense objections as he improperly led the witness in an attempt to get her to say what he wanted her to say. Indeed, it finally got to the point where he was brandishing a transcript of her earlier statements at her as if she were an uncooperative defense witness, saying sternly: You’ve already testified that Zimmerman was the bigger of the two people, didn’t you?

Manaloo replied: Compared to the picture, yes.

Isn’t it true, de la Rionda demanded, that on March 26 I took a sworn statement and I asked you if you could identify either person, and you said Zimmerman is definitely on top because of his size? Isn’t also true that in your deposition by West that you said you could identify Zimmerman because you had seen his photo on TV and that based on his size it was Zimmerman on top?

Manaloo equivocated. At that time, she said, I don’t know who they are, I know one is down and one is up.

But Martin never got up after he was shot? asked de la Rionda. No, she answered.

Then it was O’Mara’s turn to hold out a transcript on re-cross. Indeed, he held out de la Rionda’s transcript.

He noted that in response to de la Rionda’s question, OK, so the guy on top to you appeared bigger, Manaloo had responded in the affirmative.

There was, however, some additional context that would be helpful. He read more of the transcript. He had Manaloo read the two or three sentences immediately prior to the just quoted portion.

Manaloo: How would you describe the physical of the guy on top or the guy on the bottom.

O’Mara: OK, and what was your answer?

Manaloo: I know after seeing the TV of what’s happening. Then Mr. de la Rionda said OK, and I said comparing the pictures, I think Zimmerman is definitely on top because of his size.

O’Mara: But again, not becasue you ahv ethat independnt thought obut only becaue you coampared the picutres we just talked about, right?

Manaloo: Yes.

O’Mara: Your only basis for this is not because you though the was on top becasue he was on top, but only because of the comaprison with the picutre of a 12 year old child.

Manaloo: Yes.

Then BLDR on re-direct, practically barking:

BDLR: The person who was on top is the person who got up, right?

Manaloo: Right.

This was clearly a losing exchange for the state. Remember, the defense need only raise a reasonable doubt in one juror in order to avoid conviction. When an eye-witness for the State testifies so equivocally, and sometimes even favorably for the defense, the State can hardly be said to be closing in on a guilty verdict.

Ramona Rumph, Custodian of Records, Sanford Police Department

Rumphs re-appearance was simply to get the prior Zimmerman calls to the police into evidence, and not much of note happened here.


O’Mara on cross did seek to obtain testimony to the effect that it was not at all unusual for a NWP participant to phone the police 5 times in 6 months, particularly in a community suffering a crime in burglaries. This line of questioning was obviously to undercut the State’s theory that Zimmerman was an overzealous NWP “captain”, and a “wannabe cop”, seething with anger over the frequent inability of police to capture the people he reported, who then turned this “hatred” to evil purposes in “profiling,” “following,” and killing Martin. This line of questioning, however, fell outside the bounds of direct examination, and the State appropriately objected on these grounds. At that point O’Mara suggested he would later call Rumph as a defense witness, during which he could question her more expansively on direct.

Rachel Jeantel, aka Dee-Dee, aka “16-year-old girlfriend”

Next up was Rachel Jeantel, of famed Dee-Dee fame, and the once-upon-a-time purported 16-year-old girlfriend of Trayvon Martin (but who turned out to be neither 16-years-old nor his girlfriend).


Her demeanor is difficult to describe in favorable terms, so I won’t make the effort. To say she was less than fully cooperative, even with the State, would be an understatement, however.


Nevertheless, her testimony went forward with relatively little difficulty–except in trying to understand her speech–for both Mr. de la Rionda as well as for West, who began cross-examination for the defense, although she gradually became increasingly recalcitrant with West. There was also some amusing language, which became even more amusing when it had to be repeated numerous times in order for the court recorder to capture it accurately.


In summary, Jeantel testified that she was in communication with Martin in the minutes leading up to the confrontation. She testified that he described being under observation by Zimmerman, then being followed by Zimmerman, managing to break contact and then being under observation again, and finally a brief verbal exchange before the phone connection was lost.

Anyone familiar with the backstory of Dee-Dee knows there is more than adequate fuel for real fireworks on cross-examination, but West handled her more or less with kid gloves. It is my sense, however, that he is preparing to bore in more aggressively tomorrow when he continues her cross. This seems particularly likely because at the point the Court recessed for the day Jeantel had begun to resist acknowledging prior sworn statements and West was preparing to spool up the audio recordings of those interviews to use in cross.

Despite the frequent difficulties in understand Jeantel’s responses, however, on one point she was abundantly clear–she was NOT happy to be in court. When she learned just before the Court recessed for the day that West anticipated cross-examining her for another two hours tomorrow, she burst out with an incredulous “WHAT!?!?!?” I’m pretty sure even people standing outside the courtroom heard that exclamation.


So, I won’t spend more time on Jeantel’s testimony here, but will of course cover it in detail when we hit the meat of cross tomorrow.

–Andrew
http://legalinsurrection.com/2013/06/zimmerman-trial-day-analysis-and-video-of-states-witnesses/
 
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