Prosecutors: Zimmerman's statements about race may be part of trial

[Baitball Blogger]

George Zimmerman's lawyer is fighting to keep prosecutors from releasing to the public a statement by "witness 9," the defendant's old girlfriend.

She told police that Zimmerman is a racist, court records show.

Defense attorney Mark O'Mara has argued that what she said would not be admitted at trial, so there's no reason for the public to ever learn about it. He also alleges that it will cause "widespread hostile publicity" and may jeopardize Zimmerman's chance for a fair trial.

But prosecutors now say they may use it at Zimmerman's trial if they need to rebut certain defense claims, presumably evidence attempting to show he is not hostile to blacks.

http://articles.orlandosentinel.com/2012-07-02/news/os-george-zimmerman-witness-9-20120702_1_prosecutors-statements-witness

[moriah]

1. Always great to have a way to impeach evidence....

... if he's arguing self-defense, does he have to testify? I forget.

[Bjorn Against]

9. Technically no, but no one else can testify for him

No one else saw him "defend himself" so no one else can testify to what happened, it is very difficult to get off on a self defense claim without testifying.

[Cali_Democrat]

2. So Zimmerman made racist statements against blacks according to his ex girlfriend?

Zimmerman is a true teabagger hero. He's they're man. They must love him.

[slackmaster]

3. I'd hate to have some of my old girlfriends questioned by a prosecutor

This whole thing is way out of control. No information that might be presented at trial as evidence should have been released to the public by either side. The risk of a mistrial increases with every new leak.

[Amerigo Vespucci]

5. I'd hate to think some of my old girlfriends are still in the Continental United States...

...off-topic, I know, but just sayin'...testifying against me would be the LEAST of my worries.

[pinboy3niner]

7. Thankfully, my first ex and I are on good terms

If we lived in the same area, instead of on opposite coasts, we'd be best friends--despite all the dirt she has on me. Whew!

[freshwest]

8. Yup, you're on the run, got the video right here...

[Cali_Democrat]

6. A big part of the case is Zimmerman's racism.

The prosecution wants to show he was biased against Trayvon because of his skin color.

His ex-girlfriend's testimony is fair game. Also, in Florida all the evidence is usually made public during discovery. This is nothing new.

[thucythucy]

10. I wonder why the judge hasn't issued a gag order

restraining both sides from talking to the press.

I think this sort of media play helps the defense more than the prosecution. I'm not sure this would be grounds for a mistrial, but it certainly increases the chance that any conviction might be thrown out on appeal, something that can only help the defense.

Again, why is the judge being so passive?

[slackmaster]

11. All it would take to cause a mistrial is for one juror, after a conviction to say something like...

"During the trial, I read on a Web forum that Zimmerman's ex-girlfriend said he was a racist."

Pretty much a slam-dunk mistrial.

[thucythucy]

12. Generally speaking, a "mistrial" can only be declared

before a verdict is rendered.

"mistrial n. the termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation (a "hung" jury), or the failure to complete a trial within the time set by the court. When such situations arise, the judge, either on his own initiative or upon the motion (request) of one of the parties will "declare a mistrial," dismiss the jury if there is one, and direct that the lawsuit or criminal prosecution be set for trial again, starting from the beginning. (See: trial)" Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Rights reserved.

A juror making a statement AFTER a verdict is rendered would be possible grounds for an appeal, citing juror misconduct. But for it to be a "mistrial" such a statement would have to be brought to the judge's attention at some point during the trial. Even then, the judge would have the option of dismissing the particular juror in question, replacing him or her with an alternate, and then polling the rest of the jurors in chambers with both attorneys present to determined whether or not that particular juror's actions have corrupted the jury as a whole. If the judge determines that only the one juror was involved, the trial can go forward. The defense could however still make a motion for a mistrial, and then cite the denial of that motion as a procedural error when filing their subsequent appeal.

[slackmaster]

13. Ah, thanks!

I like learning.

[Amerigo Vespucci]

4. Showing Zimmerman's not hostile to blacks is like showing a duck's ass isn't water-tight.

He's a fucking racist, plain and simple. Delusional, paranoid, confrontational, pumped full of meds, packing heat, hatin' them "coons." Oh, I'm sorry. I mean "goons." Right, Zimmerman's black friend Joe Oliver?