Zimmerman Defense Rests, Closing Statements Start Tomorrow
Posted by Andrew Branca
Wednesday, July 10, 2013 at 6:00pm
(Video of testimonies and Judge's rulings at the link)
http://legalinsurrection.com/2013/07/zimmerman-defense-rests-closing-statements-start-tomorrow/
The defense team continued on what is expected to be the last day of their presentation of their case. The day began and ended with a bang. This morning Judge Nelson denied the defense’s request to introduce their animated movie as evidence, although they will be permitted to use it for demonstrative purposes during closing.
Then at the end of Court today the defense rested their case, and it was agreed that the State would present its closing argument tomorrow at 1PM, the defense would present their closing argument on Friday morning, followed by a State rebuttal. After that the jury should be instructed, and deliberations begun.
After Judge Nelson’s rulings, the defense called their first, and perhaps only, witness of the day, use of force expert Dennis Root. The video of Mr. Root’s testimony follows below that of Judge Nelson.
Dennis Root, Use of Force Expert Witness
Defense witness Dennis Root is a use of force expert, whose credentials alone took close to an hour to draw out. The defense then stepped Root through a couple of hours of various use of force hypotheticals. Mr. Guy handled cross examination for the State. As has become a pattern in this trial, the defense witness’ testimony was utterly consistent with George Zimmerman’s narrative of self-defense. In particular, O’Mara on direct extracted from Root his belief that the expletives spoken by Zimmerman do not indicate ill-will, hatred, or spite, but rather simple frustration.
Also familiar, the State on cross seemed, if anything, to be increasing the possible number of ways in which events might have unfolded that night, seeming to increase rather than decrease the degree of reasonable doubt. Indeed, at one point a life-sized dummy was brought into the court room and Guy began to act out the various ways in which the fight might have unfolded. If anything, it seems it must have reinforced how vulnerable Zimmerman would have been with Martin raining down blows from above. Indeed, it was as if for the fourth time or so the State was presenting to the jury George Zimmerman’s narrative of self defense.
Another familiar trend was the State’s tendency to ask questions to which they obviously didn’t know the answers, and getting blown up as a result. For example, Guy sought to have Root state that the likely screamer could have been Trayvon Martin, if Zimmerman were pointing a gun at him. Putting aside the fact that there is absolutely no evidence to support such a scenario, the question blew up in guy’s face when Root instead indicated that if he were in Trayvon Martin’s position, beating Zimmerman, and he saw Zimmerman’s gun, his most likely move would be to go for the gun–exactly as Zimmerman says Martin actually did.
State Prosecutor Guy, Cross-Examines defense witness Dennis Root
On re-cross, O’Mara took full use of the availability of the dummy to do yet another re-enactment of the fight, in a manner most favorable to the defense.
After the lunch recess O’Mara continued with re-direct. He asked Root about his perception of the expletives used by Zimmerman, and Root indicated that to him the remarks reflected frustration, perhaps, but not hate, anger, spite, ill-will. O’Mara cleverly had Root call upon his extensive law enforcement background to compare how Zimmerman sounded saying those words with how genuinely angry people sounded.
Then on re-cross, State prosecutor Guy simply imploded, as the State has so often. Guy asked whether it wasn’t true that GZ had other options, besides using his gun. Root answered, “No, given the totality of the circumstances, I don’t believe Zimmerman had any other option.” It was almost as if the State had never deposed Root before, had simply never met this witness before his testimony in the courtroom.
State Prosecution team, watching case implode
On re-re-direct, O’Mara explored issues around the use of force continuum. At one point Root noted that if faced with an aggressor, one should try to get away, if you can–a nice affirmation of the #1 rule in “The Law of Self Defense, 2nd Edition.”
Finally Guy was back on cross, and flailing even worse, if that’s imaginable. He challenged Root that he had never testified on behalf of a criminal defendant. “No, I have, twice, it’s in my CV,” answered Root. He challenged Root that the force continuum described was limited in its application to law enforcement. No, Root observed, it’s a simple conceptual model that’s effectively integrated in Florida’s self-defense statutes.
Then Guy challenged Root on whether he could identify the exact moment at which Zimmerman had been struck in the nose. “It’s hard to say,” answered Root, “he was hit a bunch of times.”
Wow.
Olivia Bertalan, former Twin Lakes resident
The next defense witness was Olivia Bertalan, a former resident of Twin Lakes. On direct by O’Mara she recounted an absolutely horrific story of a home invasion, in which two black men in their late teens broke into her home and began ransacking it. She and her 9-month-old son ran up to his bedroom, locked the door, and huddled in a corner. The 911 dispatcher told her to grab any weapon she could and be ready to use it–the best weapon at hand was a rusty pair of scissors. Moments later one of the intruders was rattling the doorknob on the bedroom door.
Just listening to it was horrifying, but it got worse.
Some time later one of the invaders was identified and arrested. He was, however, a minor and was released from arrest on that basis. And, unimaginably, he himself was a resident of Twin Lakes, living in the neighborhood only a short distance from Bertalan’s own home.
It was very plain that this was still a deeply traumatized woman, even now almost 18 months after the invasion.
O’Mara then asked her about her interactions with Zimmerman in the aftermath of these events. Bertalan responded that they were terrified, and just so appreciative of George’s offers to help them, to make sure that they were OK. He even arranged for Bertalan to spend some time with his wife Shellie, as she was too frightened to stay at home alone.
The testimony of Bertalan was reminiscent of the compelling testimony of Elouise Dilligard the day before, also a Zimmerman neighbor. The Zimmerman these people described, this kind, caring neighbor, could not be further from the evil, seething, racist murdered of young black boys that the State continues to try to sell to the jury.
Robert Zimmerman, Sr., George Zimmerman’s father
Next called for a brief appearance was Robert Zimmerman, Sr., George Zimmerman’s father. He appeared, it seems, solely to identify the screaming on the Jenna Lauer 911 recording as the voice of his son, and there was no meaningful cross-examination.
In typically classy fashion, the State prosecutors noted to the Court that the witness was still subject to recall–meaning that he would still not be able to be present in court to support his son.
George Zimmerman, Defendant–Decides Not to Testify
In a brief exchange with the Court, George Zimmerman indicated his decision to not testify on his own behalf in this case.
