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wercal

(1,370 posts)
15. Why is she called a 'mystery' witness?
Tue Jun 25, 2013, 10:40 AM
Jun 2013

Is she not on the list? If not, the defense could delay to prepare for her.

Weird.

Anyway - an objective recap of yesterday:

Opening statements - prosecution did great, defense did terrible. Maybe there is some strategy behind telling the joke...but I don't see it.

First witness - young boy who had been staying in apartment/condo with Trayvon Martin. Prosecution got to establish that the Skittles were for him. Defense established (by asking him if he could throw a foorball the distance) that the apartment was close to the crime scene. I think they will use this later to question why Martin did not go home, after outrunning Zimmerman.

Store clerk. He gave a play by play of the store video...purchase of drink and Skittles. Not sure what the prosecution got to establish, other than chronological timeline. Defense had very few questions of him - asked if he actually remembered that night, or was just going off what the tape showed. He said he didn't remember that night...which makes it hard to ask him any questions...so the defense didn't.

Police dispatch. The prosecution got to present the 'punks' and 'they always get away' languauge. And, they pointed out that Martin's race was mentioned twice. They also asked about admonishing Zimerman from following Martin. The defense really pried into the meaning of words with this guy...and tried to pin the siuation on him. Repeatedly they asked if Zimmerman;s tone or demeanor was troubling or sounded violent...if he ever said 'yes', the finger would be pointed at him for not diffusing the situation. So, he kept saying 'no sir'. One of the lawyers asked why the 'you don't need to do that' wasn't more declarative...the answer was the police department couldn't be more declarative, due to liability...not the answer the prosecution wanted for sure. The defense also asked him if his asking where Martin was, and which way he was moving, could be construed as an invitation to Zimmerman to follow Martin. He was non-committal, but the prosecution did not clear this up at all on re-examination.

911 records keeper - he played one tape of a 911 call from some time prior to the Martin killing...obviously prepared to play every single 911 call from Zimmerman over a period of months. Defense objected. This is a double edged sword - the tapes make Zimmerman seem like an out of control zealot, but they also establish that he has called police many times in the past, without a homocidal outcome - shaping his expectations, which is important in defending against gross negligence as part of the 2nd degree murder charge. Obviously the defense thinks this sword is sharper on one side than the other, and they are trying to suppress.

Scoreboard: Very strong opening for the prosecution, especially compared to weak defense performance. First witness did not help prosecution, but his assessment of distance from crime scene to apartment may help defense later - slight advantage defense. Store clerk - didn't really help anyone...was called to establish chronology, since jury allegedly has not followed case closely...but no real advantage to either side. Police dispatch - I think the defense picked him apart and parsed his words in a manner that was nightmarish for the prosection. Advantage defense. 911 record keeper - we'll find out today.

I think the girlfriend could make or break the case....it all depends on how credible a witness she comes across as.

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