George Zimmerman Real Time Trial Thread *No Discussion* 7/10/2013

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Salem

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Late getting started. Remember this is the Real Time discussion.

Salem
 
The defense likes sneaking in little tidbits. Happens too much to me mistakes. IMO
 
AFTER LUNCH - JURY IS BACK

Mr Root is back on the stand for re-cross by O'Mara.

Asking Root about the language George used in his NEN call.

Root Paraphrase: The way I interpreted G's use of the a@@hole word it was evidence of his frustration not of hate.

O'Mara: Not evidence of ill will, hatred, or spite? Root: Correct.

O'Mara: Anything in G's use of a firearm reckless? OBJECTION.

Attorneys to bench for sidebar.
 
Note: Before the Jury came back after lunch, The Judge enquired of George Zimmerman if it is his intention to testify. George said he had not made up his mind yet. West interrupted and wanted to speak for George. Judge says no, you may not, I am asking George. I will give him time to discuss it with his attorneys.

(She wants to know soon, the trial is wrapping up)
 
Dennis Root

O'Mara anything about the way Zimmerman handled his gun that night inherently dangerous. Objection, Objection Overruled.
Root: No.

O''M: based on your knowledge, did Mr Z have any other option.
Root: No.

O'M: Did you take the case on for the notoriety of it?
Root: Absolutely not.

O'M: Ever been cross examined by a prosecutor before this case?
Root: No

O'M: What factors you look at to evaluate use of force?
Root: At the moment the force was used, what was their perception at that moment and how would that affect the outcome.

O'M: Blood down, blood back. From your experience as a fighter, what happens when you get hit in the nose?
Root: This and that and so forth. "The stunning effect it can have on a person".

O'M: To get an advantage over another person in a fight, would a first strike to the nose help to get the upperhand?
Root: Sets the tempo, sets control of the fight, generally becomes victorious.

O'M: Shows the nose picture of George. Is this what that would look like?
Root: Yes.

Objection, O'Mara changes direction.

O'M: Did you learn fight techniques in getting your Criminal Justice degree?
Root: No,. Its the book end.

O'M: Would you recommend your career path to your own kids or relatives kids?
Root: Depends on the person, but yes, its a very noble profession.

O"M: Asking about 'increase of force' events in your experience.
Root: Force is force. Wide field.

O'M: When you do 'use of force' training, does it include how to use "Verbal Force" or 'Voice Force"?
Root: Many variables. Forty feet away, or up close and personal. Difficult to answer A and B or how verbal force should be used.

Root: My personal point if you shoved me would be to give you personal commands.

+

Prosecution Re-Cross

Guy: Your opinion on no other options based on what you were told Trayvon was doing came from the Defense, right.
Root: That is part of what I took into account, but it is in combination with all the other variables, that is how I formed my opinion.

Guy: Do you know what Trayvon Martin was doing at the time he was shot?
Root: Yes, based on my opinion I do know what Trayvon Martin was doing.

Root insists that what he was told by Defense about what Trayvon was doing was plausible, therefore it is part of his opinion.

Guy: Asking about other criminal trials. This is first time in front of Jury?
Root: Yes.

Guy: About 'use of force' event.

Guy: Do you know when George was punched in the nose?
Root: No.
Now back and forth about the punch to the nose.
Root: Yes I have been struck in the nose many times. And, I keep fighting.

Guy: My question was, have you seen people hit in the nose and they keep fighting?
Root: Yes.

Now mannequin alignment discussion.
Guy: Can't the hand, the arm move independent of the body?
Root: Yes. Anything is possible, but not everything is probable.

Root: Everything depends on where you are in relation to the other person. Highly unlikely the wrist was moving.

Guy: You were asked a question, was it your opinion that George had thought the threat was gone was because Trayvon had run off?
Root: I determined that there was no immediate threat because George was trailing him for them (for the police).

Guy: An interview is better if it is delayed?
Root: Yes. My interpretation was it seemed reasonable.
Root: As a police officer, you don't delay.

You are aware that G. spoke with his best friend about what happened about 8 hours after?
Root: Yes.

Guy: Thats all I have.

O'Mara: Re Re Cross

Warrior Mindset?
Root: Yes.
In talk with Mr Pollock, it seemed that Mr Z, did not have a Warrior Mindset.

Root: Based on injuries of Mr Z vs Mr T, supports information from the other source I determined that George did not have a Warrior Mindset.

O'M. One more I missed.

Excuse Mr Root, Subject to Recall.

Please Call Your Next Witness.
 
Sorry to post here - but is there NO morning court session? Just wondering as I didn't see another thread for today... If a mod could answer?! TIA!!

:seeya:

now, back to regular programing...
 
Defense calls:

Olivia Bertalan.

O'Mara: August 3rd, 2011 Breakin at her house in Retreat at Twin Lakes.
She is going to testify about how the guys broke into her house while she was home with her young son. Tells about items stolen. She called 911 but they got away before police got there.

Is that why you moved from that area? Yes.

GUY: You had contact with George Zimmerman, right?
Olivia: Yes.

O'Mara Objects. Jury is removed from courtroom so they can proffer this witness.
 
There was a morning session but for some time there was no thread available and Reader who has been doing the reports is not reporting today, possibly due to a 14 hour trial day yesterday. The trial doings went until 10:00 PM edt yesterday.
 
I just wanted to say thank you to those who are updating this thread~ This is the only one I follow for the trial. You guys are doing a great job!
 
Defense calls:

Olivia Bertalan.

O'Mara: August 3rd, 2011 Breakin at her house in Retreat at Twin Lakes.
She is going to testify about how the guys broke into her house while she was home with her young son. Tells about items stolen. She called 911 but they got away before police got there.

Is that why you moved from that area? Yes.

GUY: You had contact with George Zimmerman, right?
Olivia: Yes.

O'Mara Objects. Jury is removed from courtroom so they can proffer this witness.


++++++++++++++++++++++++++++++++++++++++++++++++++


JURY COMES BACK.

O = Olivia Bertalan

GUY: This happened in August 2011? On that day you got a visit from Mr Z?
Olivia: Yes. (she identifies him) She described to George the people that she had seen enter her home.

GUY: You and George discussed this at least 20 times after that?
O: Yes. And with other neighbors.

GUY: That person was arrested?
O: Yes.

GUY: Have you watched any of this case?
O: I watched a little.

She hash''t tweeted but she Follows Mr O'Mara and she appeared on Nancy Grace show last year.

GUY: Nothing further.

O"Mara: When the 'home invasion' occurred, you were appreciative of Mr Z's concern.
O: Yes.

And, the wife and the neighbors? Yes. Did Mr Z. bring you a lock for your sliding glass door? Yes.
Did you get a dog before you moved out? Yes, the cops told us to get a dog. You knew the guy arrested for the burglary had been released? Yes.

Found George very helpful to me.

She is excused.

NEXT WITNESS

ROBERT ZIMMERMAN, SR.
 
Robert Zimmerman, Sr

Lived in Florida almost 7 years. George is my son.

Have you heard the Lauer tape? Yes.

I believe the first time I heard it was in the State Attorney;s Office on 3rd floor in this building.
I was there, under oath. As I was getting ready to leave they asked if I would listen to this tape. They asked if I recognized the voice. I said absolutely, its my son George.

Bernie: Good Afternoon.

I think you've listened to the recording 6 times?

Robert: No.

Bernie: No?

Robert: I have listened to it at least six times but I am not sure how many times.

Bernie: Okay, nothing further your Honor.

Witness Excused subject to Recall.

RECESS. JURY OUT.

Judge: After the recess I will ask Mr Zimmerman if he plans to testify.

Judge: Were there any other witnesses you wanted your Attorneys to call to this trial.

George: No, Your Honor.

About 15 minutes recess.
 
After trial yesterday, there was a 4 or more hour hearing about an animation that was made on behalf of the Defense. The Judge ruled this morning that the animation may not come in as evidence, but it can be played in the Defense's closing argument.

It is an animation depicting the Defense theory of what happened.

Also, the defense wanted to have entered some evidence of photos and phone messages from presumably retreived by a defense witness from Trayvon's phone. The Judge ruled this morning it cannot come in.

The Judge ruled this morning that the THC evidence from autopsy can come in.

Recess is over.
 
HOUSEKEEPING ISSUES:

O'Mara is telling The Judge about a 12 foot long exhibit he intends as a timeline?

O'Mara is giving numbers for photos he has used as evidence.

O'Mara is discussing an exhibit, a CD they used to question Ms Jentelle. Only a portion was used, and they have not gotten the CD of just the portion done yet.

Bernie points out that the portion of the CD was NOT played in front of the jury.

Is that marked for ID as Defense DD? Yes. The Judge says it was not played for the Jury.


MR ZIMMERMAN, please stand.

What is your decision?

After consulting with my counsel it is my decision NOT TO TESTIFY.
 
Defense tells Judge it rests.

State has two more rebuttal witnesses today. A third who might not testify?

Judge: Can we do a charge conference after the witnesses today?

O'Mara: Telling Judge about the case they have presented, it was my client who was screaming for help. You would need to decide that the State charges be dismissed in full.

For the State: Blah blah

JUDGE: There is substantial evidence to allow the case to go to the Jury.

Can we bring the jury back in?

O'Mara wants name of rebuttal witnesses. (I missed the names)

Judge: we also have the Donnelly issue to deal with. Mr O'Mara you need to tell Jury you rest.

BRING JURY BACK.
 
Judge: Be Seated.

Mr O'Mara tells Jury the Defense rests.

Judge: State Rebuttal (Has to stick within the person's own testimony)

State: Yes Your Honor. State recalls Mr Adam Pollock

State: You were defendant's trainer at Kokopelli's Gym? Yes.

State: Are you now marketing the training that you gave George on your website?

O'M: Objection, beyond scope. SIDEBAR


NOTE: Pollock had answered the question with: "Absolutely not" before the objection was made.
 
I just wanted to say thank you to those who are updating this thread~ This is the only one I follow for the trial. You guys are doing a great job!

Ditto...many thanks to those providing updates since the trial started!
 
The Judge has excused the Jury while they do something in the courtroom. The Seal is up, so I don't know what is going on. 15 minute recess.
 
There was a morning session but for some time there was no thread available and Reader who has been doing the reports is not reporting today, possibly due to a 14 hour trial day yesterday. The trial doings went until 10:00 PM edt yesterday.

Thanks so much for your help today, i.b.nora!

Yes, I did watch the entire session until the end last night and had some things to post but then there was no thread this morning, so I posted some articles about it. Then I had an internet interruption until recently.

It was amazing...Don West was still talking after the judge had said it was after 10pm and she was calling a recess, and walked out.

I'm hoping this thread will remain open for a while yet and I will try to post some of the most important tweets.

Thanks everyone for your patience.
 
Kyle Hightower ‏@khightower 4h
Judge is dismissing the jury for a lunch out somewhere she says.

Kyle Hightower Kyle Hightower ‏@khightower 4h
Root: "I think you're not going to be involved in a conflictive this without it being dynamic." #zimmerman

Kyle Hightower Kyle Hightower ‏@khightower 4h
Back row of jurors again stand, this time for O'Mara demonstration with the dummy/mannequin

Local 10 Zimmerman Local 10 Zimmerman ‏@WPLGZimmerman 4h
Defense attorney Mar O'Mara asks witness Dennis Root if concrete could be used as weapon. Root: Ye
Retweeted by Kyle Hightower

Kyle Hightower Kyle Hightower ‏@khightower 4h
Guy is done with cross. O'Mara up for redirect. Asks prosecution if he can use "doll" Guy used.

bob kealing bob kealing ‏@bobkealing 4h
Root: no weapon used on defendant. Contradicts defense position TM "armed himself with concrete."
Retweeted by Kyle Hightower

Kyle Hightower Kyle Hightower ‏@khightower 4h
Attorneys at sidebar.

Kyle Hightower Kyle Hightower ‏@khightower 4h
Root says there are things he would have done differently in #zimmerman situation. But says options are up to individual. #zimmerman

Kyle Hightower Kyle Hightower ‏@khightower 4h
Several jurors note that Root didn't get a post-sunset view of lighting conditions of shooting scene. #zimmerman

Kyle Hightower Kyle Hightower ‏@khightower 5h
Root acknowledges that #trayvonmartin may have been backing up off #zimmerman when he was shot. Root says various angles possible

Kyle Hightower Kyle Hightower ‏@khightower 5h
Back row of jurors stood to look for John Guy's demonstration of #trayvonmartin purported straddle of #zimmerman

Jeff Weiner Jeff Weiner ‏@JeffWeinerOS 5h
Root: Didn't ask if #GeorgeZimmerman got blood in eyes, or if tried to hit #TrayvonMartin. GZ didn't say what he was doing with his hands.
Retweeted by Kyle Hightower

Kyle Hightower Kyle Hightower ‏@khightower 5h
Root on his talks with #zimmerman: "I didn't spend a lot of time asking him a lot of things."

Kyle Hightower Kyle Hightower ‏@khightower 5h
Root on #zimmerman flashlight being an impact weapon potentially: "This most certainly could be used in that fashion." #zimmerman

Jeff Weiner Jeff Weiner ‏@JeffWeinerOS 5h
Root on #TrayvonMartin's phone: "I didn't see the weight that it had" in evaluating #GeorgeZimmerman's use of force. #ZimmermanTrial
Retweeted by Kyle Hightower
 
BACK on Camera Discussion in Court 4:25 PM eat

Judge, Mr Mantei

Mantei: Calling this witness to impeach Mr Root.

O'Mara: If its impeachment, it has to impeach something. Or effect the issue of bias.

Judge: Pollock will not come back into the courtroom

Judge: Who is next witness? What is the purpose of calling Mr Lee?

Mantei: Judge, on balance, the State is not going to call Mr Lee.

Mr Fleischmann your Honor. He is an agent with the Bureau of Alcohol Tobacco who arrested George. Purpose, the Defense has gone to great lengths to poo poo George's fighting.
In this case, the agent testimony is that George tried to attack him.

O'Mara: Telling Judge that there needs to be more known about the undercover agents in plainclothes who attacked George's underage friend, etc. George was arrested for battery on a police officer and the charge was dropped down. It went to pre-trial diversion. etc. No significant probative value because it is ancient in time.

Judge: Mr O'Mara, Can you get to your point?

O'Mara: My point is…

Judge: I don't like these tit for tat arguments, if you do this, I am doing that.

Mr Mantei you don't know if he is even available so if we need to we can take it up tomorrow.

We will do our Jury Instructions tonight.

I am going to tell our Jury we will do our closing arguments tomorrow.

Both sides estimate: Three hours each.

Are there going to be a lot a arguments in relation to our Jury Instructions? O'Mara has 3 main things he wants to argue to Judge. Maybe more after consultations with the other Defense team.

Judge: Is basically trying to Decide when to get the case to the Jury. Trying for Thursday night or Friday morning.

Let's bring the jury in and I will excuse them for the day and then we will do Donnelly. Go ahead, bring them in.
 
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