George Zimmerman Prosecution May Use TV Interview as Evidence

[Ichingcarpenter]

Source: ABC news

This morning the prosecution entered the tape of the interview into discovery as and could attempt to admit it as evidence in Zimmerman's trial on charges of second degree murder.


Granting the interview will likely haunt Zimmerman, veteran legal analyst and defense attorney Mark Eiglarsh told ABC News. "He has impeached himself publicly, this is going to be a huge problem for him… and the prosecutors must be extremely pleased... He was making inconsistent statements that they can use in a trial against him."





Read more: http://abcnews.go.com/US/george-zimmerman-prosecution-tv-interview-evidence/story?id=16815296#.UAjxlY6P3by

[Downwinder]

1. It's God's will.

[jonthebru]

1. Hullo, Hullo, anybody there?

People, learn from this this. If you are ever, ever in this type of trouble or anything close, don't frickin' call any talk celebrity like this person Shawn Hannutty and carry on a discussion of any frickin' type with him or her.

[physioex]

9. Zimmerman has a crappy lawyer....

It is just obvious that the lawyer and Hannity are in this for the publicity.

[vaberella]

42. I have to agree. At first I thought he was legit but man. O'mara is fucking up.

Either O'Mara is fucking up or he just wants to get paid. And Zimmerman owes him a lot. So he's allowing this to happen. But this is the second biggest mistake O'Mara, a seasoned lawyer, could have made unless he wants his client to go to prison.

[sofa king]

44. I think they're aiming for the Ollie appeal.

Oliver North had his conviction reversed on appeal because, his team argued, his public notoriety made it impossible for him to get an impartial jury. Too damned guilty to be convicted was the argument, and it worked perfectly.

Z's team can and probably will claim that the public appearance was necessary to keep Z's legal fund healthy, but I think the real objective is to keep his public profile at jury-tainting levels.

Once he's been convicted, they'll run the tainted jury flag up the pole and see if that flies. It is neither required nor recommended that a defense be logically consistent. A judge needs only to buy one of the right arguments for the defense to win, eventually.

In this chump's case, his only hope is a getting off on a technicality of some sort, something his father the judge understands perfectly. So I think they're trying to construct that technicality in the full knowledge that the case itself cannot be won.

[vaberella]

51. Okay then. So now I consider O'Mara an accessory to murder if that is the case.

And riot in the town will result.

[sofa king]

53. Well, you better not just take my word for it!

I am hardly an authoritative or even reputable source, just one more schnook with an opinion.

The legal profession has an obligation to provide the best defense for all accused, even those who are manifestly guilty in the eyes of the public. This lawyer would be ethically at fault if he tanked the case because he intentionally failed to fully defend his client.

So he's doing his best, as he is sworn to do. I think Z's father is far better connected than the press is letting on, too, which suggests to me that Z is going to get something close to the theoretical "best" defense.

This guy is already nailed to the wall, with documentation, forensic evidence, corroborating witnesses, a partial confession and substantial agreement on the most damning facts of the case. That leaves the defense with the obvious options of delay and attempting to provoke a procedural misstep from the prosecution, in addition to more long-shot defenses like graymail.

As cynical as it sounds, Z's defense would be remiss if they did not attempt this.

[christx30]

56. As I recall,

Z's lawyers quit for a while because their client was doing stupid crap like this interview.
Tip: when the state is coming after you for any reason, you shut the hell up and speak to NO ONE. You don't give interviews. You certainly don't speak to the police without your lawyer present.
So good going, Z. This is what your lawyers were warning you about in the early days. Now you gotta live with it.

[JDPriestly]

13. Don't talk to anybody until you talk to your lawyer.

Watch the ACLU video on what to do if the police stop you. (I hope it is still available.) The ACLU had, I believe, a special website for this.

http://www.aclu.org/drug-law-reform-immigrants-rights-racial-justice/know-your-rights-what-do-if-you

[MADem]

4. I hope they also use his bond hearing testimony and his police station interview.

This guy has more stories than Willa Cather.

[Politicalboi]

5. I wonder if he would do

Anything differently now?

[jmowreader]

14. He would have still shot Trayvon Martin...

And that, my friends, is the only thing that matters here.

[gopiscrap]

6. I was wondering why his lawyers let him do that interview

[physioex]

7. I thought about that....

It's because Hannity is in it for the ratings and his lawyer is in it for the publicity. The outcome of the trial....well they don't really give a crap as long they get theirs.

[1monster]

27. Money, money, money. Zimmerman's defense fund has dried up and, according to Barbara Walters,

Zimmerman needs money to pay his lawyers.

Unblelievably, Walters even made a pitch to the audience to contribute to Zimmerman's defense fund on the view. (The video is up on the front page of DU right now.)

[yardwork]

40. Wait. Barbara Walters asked the audience to contribute to Zimmerman's defense fund????

[1monster]

49. Check it out here at 2:19 ...

Barbara sounded very sympathetic toward Zimmerman. One did not get the feeling of journalist neutralism from her.

By the way, Roseanne Barr nailed: "He should have stood his ground in his car like the police told him too!"

[Ichingcarpenter]

8. described as "erratic" and difficult by his former attorneys,

Zimmerman has been described as "erratic" and difficult by his former attorneys, who quit after saying that Zimmerman would not listen to their advice.

Attorneys Craig Sonner and Hal Uhrig said in April that they were withdrawing from the case because they had lost contact with Zimmerman, who refused to answer their calls, texts and emails. Sonner said that Zimmerman had independently been talking to Hannity and calling the Florida State Attorney Angela Corey against his advice.

Zimmerman turned himself into authorities shortly after his attorneys quit, and was subsequently charged. He is now represented by O'Mara.

O'Mara did not return calls for comment.

above
from the article -


I think he's displaying the same behavior as when the police told him to stay in his car
and wait for them. He does as he wants and when he wants without consideration to others or the consequences. His attorneys are probably furious with him.

He is gonna convict himself because of his ego.

[physioex]

10. I noticed the attorney by his side....

I am pretty sure that Hannity and the attorney put the the questions and coached the answers well before the interview.

[Ichingcarpenter]

12. The attorney is an idiot

and getting free advertisement to show his stupidity for future clients...LOL

I'm sure behavior psychologists on lying are looking at the tapes right now.
BTW... I havent seen it yet but I think I might now see it with the sound turned off.

[Kahuna]

19. The attorney is just making sure he will get paid. That appearance was all about $$$$. nt

[tomp]

16. is it possible this is grounds for appeal....

....based on incompetent counsel?

[towerflower]

54. is it possible this is grounds for appeal....

No, not yet. The trial hasn't started yet to determine if O'Mara is incompetent. But based on GZ's past, he was chomping at the bit to talk to Hannity on the air. Everything that caused his first set of attorneys to quit he is now doing again with O'Mara. Another example is starting up his web site again after O'Mara had him shut it down. GZ thinks only about what he wants to do.

[freshwest]

11. Quote from the link:

"I do wish that there was something, anything I could have done that would have put me in the position that I wouldn't have to take his life," he said.

Maybe 'standing your ground' inside your vehicle?



Do Not Pass Go, Do Not Collect $200.

[Bette Noir]

25. That quote, "...have to take his life," as part of the *apology* to his family?

He's still blaming Trevon. I hope Z spends the rest of his life in one of Joe Arpaio's desert concentration camps.

[freshwest]

28. Zimmerman's mental state is like someone in a war zone. A sane person would have stayed in the car.

When it all boils down to that, instead of a society where bullying and unprovoked aggression is imagined to be a necessary trait of an adult male, instead of a mental health problem, we'll get some relief. I hope the ACA will in time get us to a system where a mental case such as Zimmerman will not be stigmatized, as he was on psychotrophic drugs for his problems.

He was, and probably still is, much less mature than Trayvon was probably. If he'd had a car and thought something was happening, he may not have been as likely to get out, as most of us would not have done so. Because Martin did not have a record of having a lack of impulse control and violence whereas Zimmerman had a long and ugly one. He was a tragedy waiting to happen, being given adult responsiblity when he was not capable except in the grossest terms considered to be competent to carry a weapon. There was no danger to life or limb or even property by Trayvon's walking down the street, except in the mind of Zimmmerman. There was no 'have to.'

I understand the feeling of anger, but don't approve of anyone living in one of Arpaio's tents except him. He is another grandstanding bully like Rush and Hannity, who volunteered to be waterboarded, but chickened out and Rush, who called Abu Graib just frat pranks. They are part of a lot of stupid blow hards who have been enabled by cranky old men with too much money who want to see this country reduced to the level of a a dog figthing arena. That's what Zimmerman's life is proving to be, and it's a disgusting display. And look who's paying for this show, and it all makes sense:

[Boabab]

15. When that idiot judge freed him on bail

after being blatantly lied to, I knew this would turn into even more of a circus.

Looks like I underestimated how bad it would get.

This is just infuriating. GZ should be sitting in a cell right now, waiting for trial.

Think that judge has any regrets now? This is Casey Anthony playing out all over again. Florida just can't get it right.

[slackmaster]

20. You should read Judge Lester's ruling on the bond matter. It explains his reasoning clearly.

http://www.scribd.com/doc/99210750/Zimmerman-Bail

[Stargazer09]

30. I believe

That the judge is giving George more than enough rope with which to hang himself.

[Kahuna]

17. Zim only went on hannity so that his racist FANS would rally and send him money..

So for a few bucks he endangers his defense. Sounds like God's plan to me.

[LynneSin]

18. Lookup the word DUMBASS in the dictionary...

and you'd see a photo of George Zimmerman

[bullwinkle428]

21. Keep spewing, Georgie-Porgie!

[fleur-de-lisa]

22. It's all about money . . .

Zimmerman granted the interview because his funds are running low. He needed to get his name back in the media so the racist nutbags who support him will donate more money. His attorney probably didn't even know about the interview until it was over.

[Ruby the Liberal]

33. His attorney was sitting next to him in the interview.

[freshwest]

34. As Ruby explained below, he did know, but I don't think Z is heeding the advice of counsel.

OTOH, his attorney may be looking to an appeal if he's convicted, saying they'd made mistakes. Or else is nuts. Welcome to DU.

[rexcat]

23. The more he says and does...

the better for the prosecutor.

From all of his antics he is definitely not listening to his attorney.

[Stargazer09]

31. His attorney seems like an idiot

The publicity of being GZ's lawyer isn't going to be as valuable to his law career as he had hoped.

[rexcat]

32. Considering his dad is a retired judge...

one would think he would have better representation.

[Homer Wells]

24. What part of

"anything you say can be used as evidence against you in a court of law" does this clown not understand??
Sheesh!

[freshwest]

35. Or his attorney? Is there a clever ploy being played here, or is it just as lamebrained as it seems?

[cstanleytech]

26. I wonder if Zimmermans attorneys are hoping they do exactly that? After all it allows them in

a way to introduce Zimmermans version of the events yet not on the stand so as to be cross examined by the prosecution which if they did they could tear him a new one by asking why should we believe his testimony if he already lied once in a court of law as well as why should we believe his version after 911 told him not to follow Martin.

[Posteritatis]

29. The petard crops are doing well this year! (nt)

[DallasNE]

36. And Yet Zimmerman Was Shopping Around

For paid interviews, apparently thinking he is some kind of celebrity that could command thousands of dollars per interview. They could probably question Barbara Walters about the monetary demands Zimmerman made of her/ABC.

[rocktivity]

37. Well, duh -- hands up who DIDN'T see this coming

More to the point, why didn't his lawyer stop him? Because he -- or should I say he and his lawyer -- needed the money?


rocktivity

[slackmaster]

38. I cannot believe that something like that could be admitted as evidence, unless both parties...

...stipulated that it could be admitted. The judge would also have to allow it.

[cstanleytech]

39. Like I said above it could also be a ploy to let the jury hear

Zimmermans version of the events without him having to get on the stand and risk being cross examined by the prosecution because if they had a chance to do that they could ask pointed questions such as "Why did you decide to chase Martin against the advice of the 911 operators" followed by "Why should we believe you when you already lied to the judge during your bail hearing.".

[slackmaster]

41. I'm not a lawyer, but I've served on juries. I'm pretty sure there is no way Zimmerman can put on...

...an effective defense without personally testifying. Because no living person besides Zimmerman actually saw what happened and there is no video, he really can't get around testifying. His lawyer can present a narrative, but anything his lawyer says is not evidence. A videotaped interview not done under oath does not have to be admitted as evidence.

I don't believe Zimmerman will have much difficulty surviving cross-examination on those questions. His biggest problem IMO will be producing a coherent explanation of the exact sequence of events that happened in the about 90 seconds just prior to the shooting. There is really no direct way to test his account - No physical evidence that he threw the first punch, no eyewitnesses to the entire physical fight, no video, no high-quality audio; and no evidence (that I've seen) that indicates that he was brandishing his weapon prior to the physical scuffle. It's basically Zimmerman's story vs. whatever holes the prosecution can punch in it.

Poisoning the jury pool is an underhanded strategy, but it's common in high-profile cases. We can only hope that the court can pick out enough TRULY unbiased jurors and that the process reveals the truth.

[cstanleytech]

43. Actually if the interview is shown

Zimmerman could well skip out on testifying and his lawyer could argue that his clients story didnt change during the interview that clearly his client is telling the truth but we shall just have to wait and see what happens.

[slackmaster]

46. Both the prosecution and the judge have the power to prevent it from being shown at trial

There is no way either of them would allow it IMO.

[cstanleytech]

47. Except the article clearly states

"George Zimmerman's television interview in which he said he had few regrets about the night he killed teenager Trayvon Martin has been entered as possible evidence in his upcoming murder trial."
So this isnt a case of Zimmerman trying to enter it into evidence but rather the prosecution appears to be considering using it, perhaps its only meant to be used to cross examine Zimmerman on the stand if he takes it in which case its a good idea but if Zimmerman doesnt take the stand it would be pretty dang foolish to enter it into evidence without the ability to cross examine Zimmerman over its contents imo.

[slackmaster]

48. Zimmerman could eat 5 pounds of Cheetos, take a dump on a paper plate, and enter it as possible...

...evidence. That doesn't mean there is any realistic chance it would be permitted.

[towerflower]

55. interview does show changes

GZ changes a couple of things in the interview. First he says that TM was not running, that he was skipping/walk quickly away but not running. This is a big change from his 911 call. IMO, this change is to show that TM wasn't in fear when he passed GZ, running away makes it look like that TM was afraid.

Next he says he was following but not pursuing TM and later in the interview he denies following TM.

[fascisthunter]

45. I sense desperation from the obvious bad decision making

Zimmerman is toast. He's losing it mentally.

[vaberella]

50. The day he killed Trayvon he lost it mentally.

It doesn't help his cause that he says it was God's will and then that he wouldn't change a thing. Ultimately it says his apology was a fraud. Why apologize for God's will?

[fascisthunter]

52. of course that's true, but his efforts prove he's desperate

"God's will".... why? Because most cowards like to believe their bad deeds will be absolved by something sacred to others.