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  • Updated
    5
    days
    ago

    Jury will be sequestered in Zimmerman trial, judge says

    By Jamie Novogrod, Tom Winter and Erin McClam, NBC News

    The jury will be sequestered in the trial of George Zimmerman, the Florida man accused of second-degree murder in the shooting death of Trayvon Martin, the judge said Thursday.

    Judge Debra Nelson made the statement in court on the fourth day of jury selection. Prosecutors and the defense are trying to find six jurors, plus alternates, who say they can hear the case with an open mind despite its high profile.

    Zimmerman claims he was acting in self-defense when he shot Martin on the night of Feb. 26, 2012. He has pleaded not guilty.

    Both sides said Thursday that the trial will take roughly two to four weeks.

    Jury selection has focused on the extensive pre-trial publicity. One potential juror estimated that she had seen 200 news reports about the case, and another said: “Unless you’ve been living under a rock for the last year, it’s been pretty hard for people not to have gotten a lot of information.”

    Editor’s note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations.

    This story was originally published on Thu Jun 13, 2013 3:38 PM EDT

    413 comments

    WHAT???? no more white hispanic? Now just "the man". I think the reporter is going to be reprimanded for not being biased enough.

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    Explore related topics: updated, trayvon-martin, george-zimmerman
  • Updated
    6
    days
    ago

    In Zimmerman jury selection, notoriety of case is key concern

    By James Novogrod, Tom Winter, Tracy Connor, NBC News

    The dilemma confronting lawyers trying to pick a jury in the George Zimmerman trial was summed up neatly by a member of the pool on the second day of the selection process.

    “Unless you’ve been living under a rock for the last year, it’s been pretty hard for people not to have gotten a lot of information,” the woman said after being quizzed on what she knew about Zimmerman, Trayvon Martin and their deadly Feb. 2012 confrontation.

    Defense lawyer Don West agreed.

    “You’ve shown remarkable insight into our very problem,” he said.

    The prosecution and defense need to find six jurors, plus alternates, who say they can hear evidence with an open mind despite what they may have heard about the neighborhood watch volunteer or the unarmed 17-year-old he says he shot in self-defense. Zimmerman, 29, has pleaded not guilty to second-degree murder.

    On the third day of jury selection in a Florida courthouse, Martin’s family praised those who had been summoned for the trial.

    “We are inspired by the honesty of the potential jurors,” they said in a statement. “Their answers have been forthright and we have faith that the justice system and the members of the public who are selected for the jury will perform their civic duty in a fair and impartial manner.”

    During the questioning, potential jurors have revealed a range of familiarity with a case that dominated headlines, sparked protests and stirred debate about race and guns.

    A college student who said she doesn’t watch television news or read a newspaper gleaned her knowledge of Zimmerman and Martin mainly through friends’ Facebook status updates. Her takeaway: “An African American was wearing a hoodie or something like that."

    A mother of three told defense lawyers she first heard of the case when her pastor led the congregation in prayers for Martin and Zimmerman and had not heard much about it since because she doesn’t have cable TV or Internet service.

    Others had found it impossible to avoid discussion of the case.

    A former financial services worker estimated she had seen 200 news reports, including headlines about a preliminary hearing on technical analysis of 911 calls last week. She called the shooting “a very unfortunate incident” and said she used it to talk to her sons about the dangers of going out at night.

    A mother of two college-age boys recalled that her sons had discussed the case and “made fun of the fact of the Skittles” -- a reference to the bag of candy Martin bought at a convenience store before he crossed paths with Zimmerman.

    Many of the jurors said that regardless of their exposure to the details, they could keep an open mind.

    A woman who lives near the Sanford, Fla., housing complex where Martin was shot said friends had invited her to protests and a majority of them were sympathetic to the prosecution’s version of events.

    Nevertheless, she had no doubt she could be impartial until deliberations began.

    "You can't speculate without having a trial," she said.

    Some were more opinionated, like a man who told the court he had not made up his mind but went on to say that “murder is murder.”

    “Even in self-defense, it’s still murder,” he said.

    He was dismissed for cause.

    The first three days of jury selection have been focused on potential jurors’ pre-trial publicity awareness. Once the defense and prosecutors have a group of 30 who have not been dismissed for cause, they will begin a new round of questioning.

    Each side has 10 peremptory challenges they can exercise to boot a juror without giving a reason. The process is expected to last through next week.

    Editor’s Note: Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.

    This story was originally published on Wed Jun 12, 2013 5:17 PM EDT

    365 comments

    I have no idea of exactly how or why this tragic killing occurred but I have no doubt that whenever an armed person kills an unarmed person a serious investigation ought to take place. A trial is where such an investigation is likely to end up when there is any question of appropriateness of the kil …

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    Explore related topics: florida, guns, updated, trayvon-martin, trials, self-defense, george-zimmerman, sanford
  • Updated
    10
    Jun
    2013
    10:14pm, EDT

    Potential Trayvon Martin case jurors get look at defendant George Zimmerman

    Joe Burbank / Orlando Sentinel via AP

    George Zimmerman, in court last week for a pretrial hearing.

    By Erin McClam and Tracy Connor, NBC News

    Potential jurors in the George Zimmerman trial were questioned Monday about what they knew about the death of Trayvon Martin and whether they could keep an open mind about the case.

    The first four jurors to be grilled had at least a passing knowledge of the deadly confrontation in Sanford, Fla., on Feb. 26, 2012, but said they had not immersed themselves in media coverage.

    “There was fault on both sides as far as I can see. It was two people being in the wrong place at the wrong time and two people instigating something that probably could have been avoided,” said a male prospective juror, who added that he could still be impartial until the evidence was presented.

    Zimmerman, 29, admits he shot Martin, 17, but says it was in self-defense after the teenager attacked him. He has pleaded not guilty to second-degree murder.

    Jury selection continues Tuesday with questioning of more potential jurors.

    Lawyers on both sides of George Zimmerman's Florida trial expect picking a jury could take two weeks or longer, as 500 potential jurors have been summoned to court.

    Both sides can exercise challenges to have potential jurors excluded. Challenges for cause must have a valid reason attached, such having an intractable opinion about the case. In addition, the prosecution and defense each get six peremptory challenges, in which a juror can be dismissed for no stated reason.

    The first day of jury selection began with about 100 potential jurors being introduced to Zimmerman before they filled out questionnaires, which have not been made public. The process is expected to last roughly two weeks.

    Those being questioned were referred to only by number. Judge Debra Nelson declined to sequester the jury pool, but hasn’t yet ruled whether the seated jury will be isolated once the trial begins.

    Speaking to reporters in an overflow room, Martin’s father said he was relieved the trial was beginning and asked for prayers for his son and family.

    “We ask that the community continue to stay peaceful as we place our faith in the justice system,” said the father, Tracy Martin.

    Zimmerman’s brother, Robert Zimmerman, told reporters he’s worried about the ability to find a jury that will give the former neighborhood watch volunteer a fair shake, especially since the judge decided against a private selection process. But he said the opportunity for jurors to meet George face to face could help.

    “I think it's important that jurors get to know that George is a real person,” said Robert. “He's not just whatever images people flash across the screen or whatever narrative people write about. He's a sensitive person, he's generous. He is very likable if you actually get to meet him and I think it will, it will do, it's the right thing to do.”

    George Zimmerman was in the courtroom as the potential jurors were quizzed. His wife, Shellie, also attended the session. She faces perjury charges in a separate case after being arrested last summer for allegedly misrepresenting the couple's financial picture during an April 2012 bond hearing. She has pleaded not guilty.

    Additional reporting by Tom Winter and James Novogrod

    Editor’s note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations.

    This story was originally published on Mon Jun 10, 2013 10:11 PM EDT

    1165 comments

    Let's hope the jurors follow the evidence and not the loons on here that have been jumoing to conclusions the whole time.

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  • Updated
    9
    Jun
    2013
    4:56pm, EDT

    On eve of Zimmerman trial in Trayvon Martin killing, new video becomes public

    Zimmerman defense website

    Video that George Zimmerman's defense team says was extracted from Trayvon Martin's phone shows two men fighting, apparently over a bicycle or an incident involving a bicycle.

    By Kerry Sanders, Jamie Novogrod and Tom Winter, NBC News

    SANFORD, Fla. — Experts dispute whose voice is heard in the background of a 911 call from the night Trayvon Martin was shot and killed.

    A police detective, Chris Serino, wrote in an early report that he could hear a man yelling “Help” or “Help Me” 14 times. Prosecutors say the voice is Martin’s. Defense lawyers say it could be George Zimmerman, who they say was being pummeled by Martin.

    Now, as Zimmerman prepares to go on trial on a charge of second-degree murder, a video has been released that the defense says could help authenticate the 911 call. But lawyers for Martin’s family say it doesn’t belong in court.

    The video, which the defense says was extracted from Martin’s phone, shows two men fighting, apparently over a bicycle or an incident involving a bicycle. Zimmerman’s lawyers say Martin took the video, and that a voice on the recording is his. The person recording is not seen.

    Under Florida evidence-sharing rules, prosecutors and the defense have had the clip for some time. The video was released by Zimmerman’s defense through a website where his lawyers have been posting press releases and possible evidence.

    Members of Zimmerman’s defense team say they have a policy of making evidence in the case available to the public, and that the tape is the only known sample of Martin’s voice.

    It’s unclear whether the video will be allowed into evidence. Asked whether it could be used in a way damaging to Martin’s image, Shawn Vincent, a spokesman for the defense, said: “The answer is we hope it doesn’t.”

    Kendall Coffey, an NBC News legal analyst, said that Zimmerman’s lawyers would have to show that the video is relevant enough to the case to overcome its potential for prejudicing the jury.

    “You’re not supposed to be acquitted or convicted based simply on what happened before the night in question,” Coffey said. “You have to demonstrate that past information proves what may have happened that night.”

    Because the video does not show what happened the night Martin was killed, Coffey said, “The question then becomes: What does it show?”

    The video came to public attention after it was mischaracterized during a recent hearing, when defense attorney Mark O’Mara said the material depicted Martin’s friends beating up a homeless man.

    The defense later issued an apology and clarified the nature of the recording. Vincent said that the video was released in part to further correct the record.

    NBC News has not independently authenticated that the voice is Martin’s. Ben Crump, a lawyer for the Martin family, says that Martin’s own mother isn’t sure it’s his voice. Another lawyer for the family, Daryl Parks, says that’s not the issue.

    “The tape does not belong in the court,” he said.

    In a June 5 order, Judge Debra Nelson said text messages from Martin’s phone could not be used in opening statements by either side. During the trial, she ruled, lawyers will have to argue the relevance of the material before jurors see it.

    The judge also has yet to determine whether a jury will hear from experts about the screams on the 911 tape. Testimony from experts in recent days conflicts: A state expert says the person screaming is Martin; defense experts say it’s impossible to tell.

    The testimony came as part of an ongoing hearing to determine whether jurors will hear from experts on either side. The judge will have to decide whether research on the tapes meets appropriate scientific standards.

    Zimmerman has pleaded not guilty to the charge of second-degree murder. Jury selection begins Monday. Five hundred jury summonses have been issued, and it is expected to take two weeks to choose six jurors and several alternates.

    Editor’s note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations.

    This story was originally published on Sun Jun 9, 2013 4:46 PM EDT

    2046 comments

    I was under the impression that, even with a sample of both voices, it would be impossible for experts to determine who was yelling due to the poor quality of the recording and the extreme duress the screamer was under.

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  • 7
    Jun
    2013
    7:38pm, EDT

    Jury's look into Trayvon Martin's past has its limits

    Courtesy of Sybrina Fulton

    The jury in the George Zimmerman trial may not hear some details about Trayvon Martin, seen here in an undated family photo.

    By Tracy Connor, NBC News

    In the 15 months since their deadly altercation, George Zimmerman's and Travyon Martin’s pasts have been under a microscope, but recent court rulings could sharply restrict what a jury hears about any events that took place before their encounter on the fateful night.

    Florida Circuit Judge Debra Nelson has declared a number of items off-limits for now to jurors who will decide if Zimmerman, 29, is guilty of second-degree murder in shooting death of Martin, 17.

    They include:

    • A photo in which Martin shows his gold teeth to the camera while sticking up his middle fingers.
    • Martin’s school records, which include a suspension from his Miami high school -- less than a month before his altercation with Zimmerman – for possessing a baggie with marijuana residue.
    • Texts and photos from Martin’s cellphone that refer to or show firearms. "U gotta gun?" reads a text from Martin's phone, sent eight days before his death. The defense cited a photo of a hand holding a gun, taken with Martin’s phone, and another picture of a gun on a bed.
    • Texts with marijuana references, and photos that show Martin blowing smoke and what appear to be marijuana plants.
    • Texts and video that suggest that Martin was involved in organized fights.

    Prosecutors argued that the information was irrelevant to what happened the night of Feb. 26, 2012, between two strangers who crossed paths in a gated community of Sanford, Fla., and Martin’s family accused the defense of trying to poison the jury pool with an unflattering portrayal of the teen.


    After a hearing late last month, Nelson ruled the texts, photos and school records cannot be mentioned in opening statements or while the jury is in the courtroom unless she decides otherwise later.

    There are a couple of scenarios under which Nelson might admit the items as evidence, legal analyst Kendall Coffey told NBC News.

    Joe Burbank / AP file

    In pre-trial hearings, Judge Debra Nelson has ruled that some texts and phone messages from Trayvon Martin's phone won't be seen by the jury — for now.

    “If the prosecution through its presentation puts undue emphasis on Trayvon Martin having an impeccable record, or tries to indicate to a jury that he never had a problem with anyone in his life, you can expect the defense to jump up and vigorously demand they be allowed to rebut that,” Coffey said.

    As a result, prosecutors are likely to be very cautious in characterizing Martin so they don’t open the door for Zimmerman’s team to bring in evidence that could make the teen look unsavory to jurors. “And the defense is going to be listening with big ears,” Coffey said.

    The defense, he said, may have the most luck in getting the allegation that Martin was an experienced fighter before the jury.

    “That’s blockbuster stuff, if they can get it into evidence, to suggest Trayvon Martin was a violent young man,” Coffey said. The trick, he said, would be finding someone from Martin’s community who knew him well enough and would be willing to testify on behalf of Zimmerman.

    The judge has not yet decided whether the jury can hear that Martin had the active ingredient in marijuana in his system when he was killed, according to the autopsy report. The defense and prosecution disagree on the significance of the amount detected.

    At a pre-trial hearing last week, Zimmerman lawyer Mark O’Mara stressed that he only planned to bring up Martin’s past if prosecutors tried to delve into his client’s history. Details O'Mara might not want the jury to hear include:

    • Zimmerman’s 2005 arrest for “resisting officer with violence” and “battery of law enforcement officer” after a confrontation with an officer who was questioning a friend for alleged underage drinking. The charges were reduced to “resisting officer without violence” and then waived when he entered an alcohol education program, according to court documents.
    • A 2005 civil motion filed by Zimmerman’s ex-fiancee for a restraining order alleging domestic violence. Zimmerman counterfiled for a restraining order, and both were granted.

    Coffey said the judge will rule on those issues as they arise and said it could depend on whether Zimmerman, who has pleaded not guilty, testifies in his own defense.

    “If George Zimmerman gets on the stand and tells his life story as witnesses typically do, a broader category of things about his background are fair game,” he said.

    Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations.

    Pool / Pool / Reuters

    The trial of George Zimmerman, shown here at a hearing last month, begins Monday with jury selection. He has pleaded not guilty to second-degree murder.

     

    794 comments

    So, little trayvon fought in organized fights, and has shown a propensity for violence, BUT the judge is not going to allow those facts to be brought into evidence in a case where the assault is a central focus of the case??? Geez, and there are those that actually believe Zimmerman is not being ra …

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  • 6
    Jun
    2013
    6:47pm, EDT

    Zimmerman hearing heats up as lawyers spar

    Joe Burbank / Getty Images file

    George Zimmerman at a pretrial hearing April 30.

     

    By Tom Winter and James Novogrod, NBC News

    A pre-trial hearing in the George Zimmerman case got heated Thursday as defense lawyers charged that Florida prosecutors have withheld photos of guns taken from Trayvon Martin’s phone.

    "We caught you hiding the information and confronted you about it and you never gave it to us," Zimmerman attorney Don West, testifying on the witness stand, told Assistant State Attorney Bernie de la Rionda.

    De la Rionda had just laced into West, asking why a report from a defense expert was delayed. “Should we be asking for sanctions for you all?” he demanded.

    The defense team wants the court to punish the State Attorney’s Office, but the judge put the matter on hold until after Zimmerman is tried for second-degree murder in the Feb. 2012 shooting death of Martin in Sanford, Fla., a suburb of Orlando.

    Earlier, Zimmerman’s team questioned the state office’s information technology officer, Ben Kruidbos, who came forward with his concern that prosecutors did not turn over everything from the 17-year-old’s cellphone – including pictures of a hand holding a gun and a gun on a bed.

    He said he found the photos after using software to analyze the raw data from the phone, put it all in a report and turned it over to de la Rionda – who, he said, gave him mixed signals about whether he intended to pass it onto the Zimmerman’s lawyers.

    Kruidbos said that in May he took his concerns to an ex-prosecutor, Wesley White, who contacted the defense.

    “I think all of the information being shared in the process is important to make sure it’s a fair trial,” Kruidbos testified.

    West testified that he received the numerical raw data from the phone in February but did not get Kruidbos’ more useful analysis until a few days ago.

    “We still don’t know completely what is on the phone,” West said, complaining that the defense wasted time and money trying to perform its own analysis.

    The questioning was testy at times: At one point, de la Rionda grilled White, his former colleague, about whether he had an ax to grind and had contacted the defense out of revenge.

    “Do you have problems remembering things or do you have a vivid recollection of things?” de la Rionda asked.

    “I remember a lot of things, sir. I remember those things that I believe I need to remember ... After 33 years you learn to, sort of, box off things that need to be remembered and others that you can let go,” White replied.

    “Unpleasant things you kind of want to put to the side,” de la Rionda pressed.

    “Not necessarily unpleasant things, sir. I remember you...” White said to laughter.

    The daylong hearing focused on two other pre-trial matters:

    • Judge Debra Nelson rejected a defense request to shield the identities of as many as seven witnesses, including one who saw the altercation between Zimmerman and Martin. Defense lawyer Mark O’Mara cited  “personal concerns for their safety” and suggested they testify behind a screen, in view of jurors but not of reporters. The prosecution and a media representative objected.
    • The court also began hearing testimony about voice-comparison technology that experts have used to analyze a 911 call from the night of the shooting. Screams and a gunshot can be heard on a recording of the call, which was played in court while Zimmerman listened in court.

    The defense called FBI scientist Hirotaka Nakasone, who detailed the limitations and pitfalls of the technology, including whether experts could match screams to someone’s spoken voice.

    “I doubt that very much,” he said.

    Nakasone submitted a report last year that concluded the quality and length of the sound on the tape was insufficient to determine who was screaming. One of the prosecution’s experts has said the screams came from Martin.

    Zimmerman, who has pleaded not guilty, is a former neighborhood watch volunteer. He has claimed that he shot Martin in self-defense after Martin attacked him. Jury selection begins Monday.

    Additional reporting by Tracy Connor and Erin McClam

    Editor’s Note: Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.

    1323 comments

    What a circus.

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  • 5
    Jun
    2013
    5:50pm, EDT

    Prosecutors: George Zimmerman applied to be a police officer

    Pool / Pool / Reuters

    George Zimmerman, seen here during a hearing in April, goes on trial this month. Jurors will be identified by number but will not be sequestered.

    By Tom Winter, James Novogrod and Tracy Connor, NBC News

    Prosecutors in the Trayvon Martin shooting case have informed the court of a new exhibit that they claim shows defendant George Zimmerman once applied to become a police officer.

    A filing by prosecutors this week included a description of an application from Zimmerman and a rejection letter from the Prince William County Police Department, but no explanation of what they plan to do with it.

    NBC has not confirmed that the description is accurate. The filing said the police department was in Maryland, though Prince William County is in Virginia. The police department in Virginia could not immediately confirm Zimmerman had applied for a position there.

    The new filings also suggest that the prosecution plans to make an issue out of Zimmerman's membership at a Florida martial arts gym, which bills itself as "the most complete fight gym in the world."

    It's unclear how prosecutors plan to use that against the neighborhood watch volunteer, who says he was defending himself when he shot 17-year-old Martin on Feb. 26, 2012, in Sanford, Fla.

    Zimmerman, 29, has pleaded not guilty to second-degree murder and his trial begins with jury selection on Monday.

    In other filings this week, the defense asked Judge Debra Nelson to restrict prosecutors from using certain terms, such as "vigilante" and "wannabe cop."

    The defense also want limits on the use of the phrase "profiled." Prosecutors have alleged that Zimmerman, who is white of Hispanic descent, profiled the black teen before the deadly confrontation.

    The judge has not ruled on the motion. She did, however, agree with the defense that jurors names should be kept private, known only to the court and the lawyers and referred to by number in public.

    The defense also wanted the jury pool to be sequestered, but Nelson ruled that "such drastic measures are unnecessary."

    Editor's note: George Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.

     

     

    268 comments

    My hope is, for the good of our country, that Zimmerman is put away for a long time for killing an unarmed young man he "profiled" as trouble based on skin color and a hoody. That is all he saw so that is all he used and yes he should be hung out to dry for this. I have a daughter who looks Mexican  …

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  • 5
    Jun
    2013
    1:47pm, EDT

    Who's who in the George Zimmerman trial

    By Tracy Connor and Erin McClam, NBC News

    More than a year after the killing of Trayvon Martin touched off a national furor over race, guns and Florida’s expansive self-defense laws, the man who shot him to death is going to trial.

    George Zimmerman, of white and Hispanic descent, claims Martin attacked him and that he acted in self-defense. 

    Courtesy of Sybrina Fulton

    Trayvon Martin in an undated family photo.

    Zimmerman has pleaded not guilty to second-degree murder. The trial, which begins Monday with jury selection, is expected to last more than a month.

    Here’s a look at the key figures in the trial.

    Trayvon Martin: The 17-year-old was walking back from a convenience store on the night of Feb. 26, 2012, wearing a hooded sweatshirt and carrying an iced tea and Skittles, when he became involved in an altercation with Zimmerman. Martin was killed with a single gunshot inside a gated community where his father’s girlfriend lived. Tall and lanky, a lover of sports and music, he was described by his family as quiet and respectful and by former teachers as creative and curious. Defense lawyers have offered a less flattering portrayal, releasing text messages in which Martin expressed interest in guns and discussed marijuana and being suspended from school.

    Pool / Pool / Reuters

    George Zimmerman is charged with second-degree murder in the death of Trayvon Martin.

     

    George Zimmerman: The former neighborhood watch volunteer dialed 911 frequently to report suspicious activity. He called again the night of Feb. 26 and told the dispatcher: “This guy looks like he’s up to no good, or he’s on drugs or something.” Zimmerman, 29, grew up in northern Virginia and at one time aspired to be a police officer, according to a neighbor there. Court filings have suggested that the prosecution may try to make an issue out of his membership at a Florida martial arts gym.

    Joe Burbank / AP file

    No-nonsense Florida Judge Debra Nelson is presiding over the trial of George Zimmerman in the death of Trayvon Martin.

     

    Judge Debra Nelson: In pretrial hearings, the jurist has shown she runs a tight ship and isn’t afraid to let lawyers know when she thinks they’re out of line. “She’s tough but fair,” said defense lawyer Bryce Fetter, who has gone before her many times. “She’s very, very smart. And she’s the boss.” Nelson, 59, a former prosecutor and civil litigator who has been on the bench for 14 years, is the third judge in the Zimmerman case -- appointed after the defense claimed the previous judge was biased against them.

     

    Red Huber / Orlando Sentinel file

    Chris Serino, right, was the lead investigator for the Sanford Police Department.

    Chris Serino: He led the Sanford Police Department’s initial investigation into the shooting and his conflicting statements about the probe have drawn scrutiny. Serino authored a report that first recommended Zimmerman be charged with second-degree murder and was later revised to say manslaughter, court documents show. Last summer, Serino moved from his job as a detective to an overnight patrol shift at his request, a Sanford police spokesman said. He’s also hired a private attorney, Jose Baez, best known for representing Casey Anthony.

     

    John Raoux / AP file

    Benjamin Crump is representing Trayvon Martin's family.

    Benjamin Crump: Martin’s family hired the Tallahassee lawyer, who had handled several wrongful death cases against police, two days after the teen was killed. He’s been front and center ever since and is credited with helping to transform Martin’s death into an international cause. The 43-year-old attorney – who “overcame very humble beginnings in North Carolina,” according to his firm's website — also negotiated a settlement with Zimmerman’s homeowners association.

     

    Pool / Getty Images

    Assistant State Attorney Bernie de la Rionda is leading the prosecution of George Zimmerman.

    Bernie de la Rionda: After she was named special prosecutor, State’s Attorney Angela Corey turned to one of her most seasoned assistants to run the Zimmerman case. In nearly 30 years as a prosecutor, the Jacksonville-based de la Rionda has handled more than 250 jury trials and secured the death penalty some two dozen times. The 56-year-old prosecutor – whose parents sent him from Cuba to Florida when he was 4 years old – has not been reluctant to express annoyance or anger during pre-trial hearings. He is being assisted by fellow homicide prosecutor John Guy.

     

    Joe Burbank / Pool via Getty Images file

    Mark O'Mara is representing Zimmerman.

    Mark O’Mara: The veteran defense lawyer was hired just hours before the special prosecutor announced she was filing a second-degree murder charge against Zimmerman, whose previous attorneys withdrew. While this is O'Mara's highest-profile case in 30 years of private practice, he was already well-known in the Orlando area as a television legal analyst during the Casey Anthony trial. The 57-year-old has not shied away from the spotlight – or social media, which he’s used to promote a legal defense fund for his client and press the self-defense claim. His co-counsel is Don West.

    NBC's James Novogrod and Tom Winter contributed to this report.

    Editor's note: George Zimmerman has sued NBCUniversal for defamation. The company has strongly denied his allegations.

     

    1073 comments

    He won't get a fair trial. It's already getting one sided.

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  • 2
    Jun
    2013
    5:52pm, EDT

    George Zimmerman's attorneys apologize for mischaracterizing evidence

    By Daniel Arkin, Staff Writer, NBC News

    Attorneys for George Zimmerman apologized Sunday for mischaracterizing evidence they said boosted their theory that Trayvon Martin was the aggressor in his fatal meeting with their client last year.

    Lawyer Mark O’Mara said during a hearing last Tuesday that the defense had obtained video footage of three fights, including one in which he said two of Martin’s friends "were beating up a homeless guy."


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    But Zimmerman's defense team corrected that statement on  Sunday, saying O'Mara had unintentionally "misstated the nature" of the footage.

    In a statement posted on Zimmerman’s website, the defense lawyers said the footage actually showed "two homeless guys fighting each other over a bike."

    A Florida judged ruled Tuesday that Zimmerman’s lawyers cannot mention Martin’s suspension from school, prior marijuana use, text message exchanges or past fighting in opening statements when the trial begins on June 10.

    Zimmerman faces a second-degree murder charge for shooting Martin to death after a confrontation on Feb. 26, 2012. The defense has argued that 17-year-old Martin was the aggressor and Zimmerman was just trying to protect himself.

    Editor's note: George Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.

    1758 comments

    He put his gun in its holster and proceeded to go out looking for someone to shoot. A person doesn't carry a gun without the will to use it. In this case, on a subject who looked suspicious. Zimmerman created the situation, bringing the gun into it. He is responsible for that. Manslaughter at the le …

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  • Updated
    2
    Jun
    2013
    5:38pm, EDT

    Judge denies delay, bars evidence in George Zimmerman trial — for now

    By Tracy Connor, James Novogrod and Tom Winter, NBC News

    A Florida judge ruled Tuesday that George Zimmerman’s defense team cannot mention Trayvon Martin’s suspension from school, prior marijuana use, text messages or past fighting during opening statements at next month’s trial.

    Judge Debra Nelson said that during the trial she will consider motions to admit details as evidence on a case-by-case basis, outside the presence of jurors who will decide if Zimmerman is guilty of second-degree murder in the shooting death of Martin.

    Capping a slew of rulings on pre-trial motions, Nelson rejected a defense request for a trial delay and ruled that jury selection will begin June 10.

    "This case has dragged on long enough," prosecutor Bernie de la Rionda said in arguing for the trial to start as scheduled.

    Over the course of two hours, Nelson granted numerous motions by prosecutors, who argued that details of the slain teen’s past are not be relevant to the Feb. 26, 2012, confrontation between Zimmerman and Martin and should not be discussed before the jury.

    Defense lawyer Mark O’Mara asked the judge not to pre-emptively exclude the information, saying that it bolstered their theory of the shooting – that the 17-year-old was the aggressor and Zimmerman shot him in self-defense.

    “There is certainly enough evidence…that’s going to suggest Trayvon Martin involved himself ongoingly with fighting with other people,” O’Mara said.

    He said the defense had obtained video of three fights – two in which Martin acted as a referee and a third in which two friends “were beating up a homeless guy.” The defense also wanted the right to present text messages, like one from November 2011 in which Martin seemed to refer to an organized fight: "He got mo hits cause in da 1st round. He had me on da ground nd I couldn’t do ntn."

    Prosecutors argued that since Zimmerman and Martin didn’t know each other before the shooting, whether the teen had been involved in fights had no bearing on how the defendant reacted that night.

    The judge ruled that the evidence about past fights could not be mentioned in opening statements but said it could be admitted during trial if the defense can authenticate it and overcome rules against hearsay evidence.

    She said she may let the jury hear that Martin had a marijuana ingredient in his blood the night of the shooting after she hears from experts about the toxicology tests that were performed. The defense and prosecution disagree about whether the results show the teen had smoked pot before he and Zimmerman crossed paths.

    Outside the Seminole County courthouse, Martin family lawyer Benjamin Crump praised the judge for limiting what the jury hears about guns, drugs or fighting in Martin’s past.

    “Trayvon Martin did not have a gun. Trayvon Martin did not get out of the car to chase anybody. Trayvon Martin did not shoot and kill anybody. Trayvon Martin is not on trial,” Crump said.

    The two parties will be back in court before the trial starts for more hearings, including one that will examine whether prosecutors withheld evidence from the defense.

    Zimmerman’s team put an outside lawyer on the stand, Wesley White, who testified that photos from Martin’s cellphone were never shared with them. White, who resigned as a state prosecutor in December and is now in private practice, represents the state attorney’s office’s information-technology director, Ben Kruidbos,  who will be called to testify June 6 about the allegedly withheld images.

    White told NBC News that Kruidbos was placed on administrative leave Tuesday and considers himself a “whistleblower” under Florida law. Kruidbos was grilled by staff in the state attorney’s office twice, either to learn what he planned to testify about or possibly to “bully him,” White told NBC.

    The state attorney's office has not responded to a request for comment from NBC News.

    In other rulings, Nelson decided the jury will not be sequestered as the defense wanted but will be referred to by number, not name, during the selection process.

    She also decided against bringing jurors to the place where Martin was killed, calling it a “logistical nightmare” and noting that it seemed to fly in the face of the defense request that the panel be kept under wraps.

    Zimmerman – who was not in court Tuesday -- has pleaded not guilty. He told police he resorted to self-defense after Martin punched him and beat his head to the ground after the two encountered each other in a gated community.

    Robert Zimmerman Jr. read a statement to the media after the hearing in which he described his younger brother as a civic-minded crime fighter who became his “staunchest advocate” after he came out as gay more than a decade ago.

    The brother blasted the state special prosecutor for bringing a murder case against Zimmerman after he was not charged by Sanford police.

    “The politics of race trumped the rule of law and a political calculation was made,” Robert Zimmerman said. “It was the wrong decision.”

    Editor’s note: George Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.  This story includes a statement from Lawyer Mark O’Mara which he now says was not accurate. For his apology, see here.

     

     

    This story was originally published on Tue May 28, 2013 8:49 PM EDT

    4678 comments

    I am so happy that the majority is silent. At the rate Zimmerman's attorneys are going, it might be a long hot summer. Zimmerman pursued a child, started a fight with the child, and after Zimmerman could not beat the child, he killed him.

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  • 23
    May
    2013
    6:57pm, EDT

    Zimmerman defense releases texts about guns, fighting from Trayvon Martin's phone

    Attorneys for George Zimmerman, charged in the shooting death of Trayvon Martin, have requested a delay in his trial currently scheduled to begin in less than three weeks, as text messages come to light that the defense says show Martin had "a propensity towards violence."

    By Elizabeth Chuck, Jamie Novogrod, and Tom Winter, NBC News

    The defense team for George Zimmerman, the man charged with second-degree murder in the Florida shooting death of unarmed teenager Trayvon Martin, has released a trove of texts and photos from Martin's cell phone — but it's not clear whether they'll be admissible in trial.

    The newly released evidence, posted to a website run by Zimmerman's defense team on Thursday, includes texts from Martin where he discusses being suspended from school and smoking marijuana. He also shows an interest in guns in several texts.

    This comes just days before a key hearing next Tuesday that will determine the admissibility of certain evidence at the trial.

    The 25 photos released by Zimmerman's team include some of Martin that have already circulated widely online, as well as some new ones, including one where Martin shows his gold teeth to the camera while sticking up his middle fingers, and a close-up picture of a gun that the defense says was taken from Martin's camera, although it's not evident from the photo who is holding the gun.

    Martin, a black 17-year-old, was shot to death by Zimmerman on Feb. 26, 2012, in Sanford, Fla., in a case that set off racial tensions around the country.

    Zimmerman, a former neighborhood watch volunteer of white and Hispanic descent, has pleaded not guilty, claiming he shot Martin in their gated community after Martin attacked him.

    In one of the text conversations, sent 12 days before his death, Martin tells a friend he has been suspended from school for fighting.

    "Why you not in school?" a text he receives asks.


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    "Suspended."

    "I thought you was going out with ur friend," the reply says.

    "Naw my ol g say she dont want me home caus she think ima get in mo trouble," he texts back.

    Martin's texts also indicate he may have been curious about guns.

    "U gotta gun?" reads a text from Martin's phone, sent on Feb. 18, 2012, to a friend of his who was on the phone with him on the night of the shooting.

    "You want a 22 revolver" asks someone in a text he receives that day.

    Three days later, Martin mentioned a caliber of gun while asking a friend in another text, "U wanna share a .380 w.[redacted]?"

    Other texts released allude to problems Martin was having at home and with authorities. 

    "My mom just told me i gotta mov wit my dad," says one from Nov. 22, 2011. "She just kickd me out." 

    Later that day, a text says, "Da police caught me outta skool." 

    Marijuana references are scattered throughout the texts. Some of the newly released photos show Martin blowing smoke and what appear to be marijuana plants.

    Jeff Deen, a former assistant state attorney in Florida and the head of a state agency that represents criminal defendants, said that strict rules having to do with character evidence will likely make Martin’s texts and photos inadmissible at trial.

    “What does his mom saying he needs to live with his dad for a while say about why he was shot?  Nothing,” he said. “Generally, reputation evidence is not admissible in court.”

    But Mark O'Mara, the lead defense attorney for Zimmerman, said he will try to use the new evidence during Zimmerman's trial on June 10.

    But an attorney for Martin's family argued that the pretrial evidence release consisted of "irrelevant red herrings."

    "Is the defense trying to prove Trayvon deserved to be killed by George Zimmerman because of the way he looked?" Benjamin Crump said in a statement on Thursday.

    "If so, this stereotypical and closed-minded thinking is the same mindset that caused George Zimmerman to get out of his car and pursue Trayvon, an unarmed kid who he didn't know. The pretrial release of these irrelevant red herrings is a desperate and pathetic attempt by the defense to pollute and sway the jury pool."

    Martin’s death spurred a national conversation about guns and Florida’s expansive “Stand Your Ground” self-defense law, which allows people to use deadly force if they believe they are in danger of being injured or killed.  In April, Zimmerman waived his right to a pre-trial “Stand Your Ground” immunity hearing, guaranteeing his June trial before a jury.

    On Thursday evening, Zimmerman's defense team also filed a request for a delay in the trial.

    Editor's note: George Zimmerman has sued NBCUniversal for defamation, and the company has strongly denied his allegations.

     

    1804 comments

    So - what does this have to do with what happenned?

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  • Updated
    30
    Apr
    2013
    4:48pm, EDT

    Zimmerman gambles by waiving 'stand your ground' hearing before trial

    George Zimmerman, the defendant in the murder of Trayvon Martin, waived his right to seek immunity under Florida's "stand your ground" self-defense law before his June trial. NBC's Kerry Sanders reports.

    By Erin McClam, Staff Writer, NBC News

    By choosing not to invoke the Florida law known as “stand your ground” before his trial, George Zimmerman took a gamble — passing up the chance to have a judge dismiss his second-degree murder charge before it ever gets before a jury.

    His lawyers said they want a jury to decide the case, concerning the shooting death of unarmed black teenager Trayvon Martin last year, because it has taken on enormous national significance.

    But one legal expert said the move was carefully calibrated in another way, too.

    Under the law, which broadens the right to self-defense for people who feel threatened outside their homes, a defendant can ask the judge to grant criminal immunity before a case goes to trial. Zimmerman had that chance Tuesday and declined it.


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    The risk in pursuing immunity at this point, NBC News legal analyst Kendall Coffey said, is that Zimmerman could have lost before the judge, creating a strike against him in the minds of potential jurors who are following the case. And in the Trayvon Martin case, which goes to trial June 10, finding an impartial jury will be a monumental task as it is.

    Zimmerman’s lawyers said it could take as long as three weeks.

    “There would be considerable risk that, no matter how you tried to deal with it during jury selection, you’d get some jurors that would know that the judge had already rejected the self-defense claim,” said Coffey, a former federal prosecutor.

    The decision not to ask for an immunity hearing, which Zimmerman announced while standing in a Sanford, Fla., courtroom and answering Judge Debra Nelson in a soft-spoken voice, applies only before trial.Coffey still expects “stand your ground” to be the linchpin of Zimmerman’s defense once the trial begins.

    The law says people do not have to retreat if they believe they are in imminent danger of being killed or badly injured outside their homes.

    Zimmerman maintains he was acting in self-defense on Feb. 26, 2012, when he shot Martin to death, and he has pleaded not guilty. He says Martin, 17, attacked him first. The case made national news and inflamed racial tensions. Zimmerman is a former neighborhood watch volunteer of white and Hispanic descent.

    Joe Burbank / Pool / Reuters

    George Zimmerman, defendant in the killing of Trayvon Martin, stands in court in Sanford, Fla., with his attorney Mark O'Mara.

    Mark O’Mara, a lawyer for Zimmerman, told reporters that not seeking immunity was “a tactical decision” but said the main reason was that the case has become about much more than what happened that night.

    “George wants this case before a jury of his peers. That’s where he’s going to get acquitted,” O’Mara told reporters after the hearing. “Then maybe the country will listen to that better than they would listen to a judge.”

    Prosecutors had urged the judge to demand an answer from Zimmerman on whether he would waive the right to a “stand your ground” hearing before trial. Lawyers for Martin’s family said after the hearing that they were pleased because it’s clear that the case is moving toward trial.

    The defense could even try for immunity under “stand your ground” after a criminal conviction. But asking a judge to overturn a jury’s guilty verdict would be a long shot, Coffey said.

    Already, there are signs of skirmishes between the two sides in the criminal case. The defense says prosecutors have hidden information and caused unnecessary delays in the evidence-swapping portion of pretrial motions known as discovery.

    And the judge scolded lawyers for the state and the defense Tuesday after O’Mara complained about a pretrial motion in which prosecutors said the lead defense attorney “courts anything resembling a microphone or camera.”

    Assistant State Attorney Bernie de la Rionda said the motion speaks for itself. O’Mara said the high public interest in the case means lawyers should be on their best behavior, to add credibility to whatever the verdict is.

    The judge declined to strike the personal remarks from the record but warned both sides that unprofessional behavior by lawyers “will not be tolerated in the future.”

    Zimmerman has sued NBCUniversal for defamation in civil court, and the company has strongly denied his allegations.

     

     

     

    This story was originally published on Tue Apr 30, 2013 4:48 PM EDT

    467 comments

    If Zimmerman has proof that the teen both struck him without being provoked and endangered his life, I'd like to hear it. But, in general, stalking people for no reason is provocation and threatening in itself. Bottom line: he had no reason to stalk this kid, no reason at all.

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