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  • 30
    Aug
    2012
    2:57pm, EDT

    Tough-minded judge assigned to take over George Zimmerman case

    By NBC News staff

    A Florida judge assigned Thursday to take over George Zimmerman's case is being described as ambitious and willing to hand down tough sentences.

    Florida 18th Judicial District Courts

    Judge Debra S. Nelson

    Circuit Judge Debra Nelson got the case after a Florida appeals court on Wednesday granted Zimmerman's request for a new judge.


    Follow @NBCNewsUS

    The Orlando Sentinel reported that Nelson recently sentenced a robber to 27 years in prison after he'd rejected 20 years in a plea deal.


    "You don't mess around with her," Lake Mary attorney Isadore Hyde Jr. told the Sentinel. "She's very nice, very nice. You can tell her what's on your mind on or off the bench, but she will send your a-- away."

    Zimmerman, the former neighborhood watch volunteer charged with second-degree murder in the Feb. 26 shooting death of Trayvon Martin, had said the judge presiding over his case has made disparaging remarks about him.

    The Fifth District Court of Appeal wrote in a decision that Circuit Judge Kenneth Lester Jr. should "enter an order of disqualification which requests the chief circuit judge to appoint a successor judge."

    The opinion said: "Although many of the allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency test, and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency."

    The appeals court ruling was 2 to 1 in favor.

    The dissenting judge wrote: "Although the trial court's order clearly manifested an exceedingly strong belief by the trial judge that Zimmerman 'flouted' and 'tried to manipulate' the system, I do not believe the order 'crossed the line' so as to require the granting of this motion."

    Read the appeals court ruling (.PDF)

    Zimmerman said in the appeal that he feared Lester was biased against him and he wanted a new judge to handle his case.

    Zimmerman has pleaded not guilty to the killing of Martin 17, in a gated community in Sanford, Fla., saying he acted in self-defense. He remains free on bail.

    Watch US News crime videos on NBCNews.com

    Zimmerman's attorney, Mark O'Mara, had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.

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    505 comments

    I think that Zimmerman will regret complaining about the last judge... I think he's on the road to a second degree murder charge... He was trying to play the system when he and his wife lied about finances... They thought they had got away with it and complained when the first judge called them on i …

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    Explore related topics: florida, courts, judge, trayvon-martin, zimmerman
  • 29
    Aug
    2012
    6:37pm, EDT

    Appeals court grants George Zimmerman's request for new judge

    Pool / Getty Images

    Judge Kenneth Lester was asked by George Zimmerman's attorney to disqualify himself from Zimmerman's murder trial.

    By NBCMiami.com and The Associated Press

    A Florida appeals court on Wednesday granted George Zimmerman's request for a new judge.

    Zimmerman, the former neighborhood watch volunteer charged in the fatal shooting of Trayvon Martin, had said the judge presiding over his case has made disparaging remarks about him.


    Follow @NBCNewsUS

    The Fifth District Court of Appeal wrote in a decision that Circuit Judge Kenneth Lester Jr. should "enter an order of disqualification which requests the chief circuit judge to appoint a successor judge."


    The opinion said: "Although many of the allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency test, and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency."

    The appeals court ruling was 2 to 1 in favor.

    The dissenting judge wrote: "Although the trial court's order clearly manifested an exceedingly strong belief by the trial judge that Zimmerman 'flouted' and 'tried to manipulate' the system, I do not believe the order 'crossed the line' so as to require the granting of this motion."

    Read the appeals court ruling (.PDF)

    Zimmerman said in the appeal that he fears Lester is biased against him and he wants a new judge to handle his case.

    Zimmerman is charged with second-degree murder in the Feb. 26 death of the unarmed Martin, 17, of Miami Gardens, in a gated community in Sanford, Fla.

    Watch US News crime videos on NBCNews.com

    Zimmerman has pleaded not guilty, saying he acted in self-defense. He remains free on bail.

    A telephone message left with Zimmerman's attorney, Mark O'Mara, wasn't immediately returned.

    O'Mara had argued that Lester should disqualify himself after he said the judge made disparaging remarks about Zimmerman's character and advocated for additional charges against him in setting his $1 million bond in July.

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    1175 comments

    Whats the whiny murderer going to complain about with the new judge?

    Show more
    Explore related topics: featured, crime, judge, trayvon-martin, george-zimmerman, lester
  • 13
    Aug
    2012
    4:29pm, EDT

    George Zimmerman's attorney appeals judge's decision to stay on case

    Joe Burbank / EPA file

    George Zimmerman, right, with is attorney Mark O'Mara appears in front of Circuit Judge Kenneth R. Lester Jr. during a bond hearing at the Seminole County Criminal Justice Center in Sanford, Fla. on June 29, 2012.

    By NBC News staff

    George Zimmerman’s lawyer, Mark O’Mara, is pushing forward with his fight for a new judge to take over the case.


    Follow @NBCNewsUS

    O’Mara announced Monday he will appeal the decision of Seminole County Circuit Court Judge Kenneth Lester Jr. to stay on the case in which Zimmerman faces a second-degree murder charge in the death of Trayvon Martin.

    O’Mara filed a motion last month asking Lester to recuse himself, saying the defense had lost faith in the judge’s objectivity because Lester reset Zimmerman's bond after finding out how much money his online defense fund had actually raised. 

    Lester originally granted Zimmerman a $150,000 bond, but when prosecutors argued that Zimmerman and his wife misled the court about their financial state, he revoked the bond, accusing Zimmerman of getting ready to skip town with a cache of donations totaling about $130,000. Lester put Zimmerman back in jail for several weeks and then set a $1 million bond for Zimmerman, an amount that nearly wiped his defense fund.


    Stay informed with the latest headlines; sign up for our newsletter

    Lester ruled on Aug. 1 that he would not remove himself from the case because the defense motion asking him to step down was “legally insufficient.”  

    O’Mara had 30 days to file an appeal. Now O’Mara is asking the Fifth District Court of Appeal to reconsider Lester’s ruling. He filed a 27-page motion at the Daytona Beach courthouse Monday. 

    “We’re not going to take any chance of short-cutting my client’s constitutional rights,” O’Mara told reporters outside his office Monday.

    O’Mara also discussed his recent announcement that the defense will seek a hearing under Florida’s controversial “stand your ground” law, telling reporters that he believes the facts of the case show that Zimmerman had no option but to shoot.

    “Facts do not seem to support a stand your ground case,” O’Mara said. “I think the facts suggest in this case that what probably happened was my client was reacting to having his nose broken.”

    Watch the most-viewed videos on NBCNews.com

    O’Mara also said that Zimmerman will seek permission from Lester – or, if his appeal succeeds, a new judge – to leave Seminole County because he is living in fear.

    “He really has to live as a hermit, unfortunately,” O’Mara said.

    Zimmerman, 28, is charged with second-degree murder in the death of 17-year-old Trayvon Martin, who was shot and killed while walking through a Sanford, Fla., neighborhood in February.

    Zimmerman has pleaded not guilty, claiming self-defense. 

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    432 comments

    I am conviced that Mark O’Mara is MONEY hungry. He knows that it costs a WHOLE lot of money to file an appeal because there is a lot involved in appellate work. First, you have to file a timely notice of appeal, then you have to wait months before the appellate court issue a briefing schedule; …

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    Explore related topics: trayvon-martin, george-zimmerman, stand-your-ground, mark-o-mara
  • 9
    Aug
    2012
    12:15pm, EDT

    Zimmerman attorney plans to call for 'stand your ground' hearing

    By Kerry Sanders , NBC News

    Updated at 4:18 p.m. ET MIAMI – During the 1980s, there was a tourism campaign in Florida that promoted the state by saying: “The rules are different here.”  

    Fast forward 30 years, and Florida’s legal system is again proving that “rules are different” adage true. Florida was the first state to enact a “stand your ground” law in 2005; since then more than 10 other states have adopted similar laws.   

    George Zimmerman, 29, charged in the second degree murder of Trayvon Martin, 17, may never go to trial because of Florida's law.

    Zimmerman’s defense attorney, Mark O’Mara, announced today he plans to call for a hearing under the “stand your ground” law. This would allow a judge to rule on whether or not Zimmerman has immunity in the shooting death of Martin, if the accused acted within reason, before a trial even gets under way.


    O’Mara explained his reasoning on his web site: “A ‘stand your ground’ hearing will essentially be a mini-trial. Most of the arguments, witnesses, experts, and evidence that the defense would muster in a criminal trial will be presented in the ‘stand your ground’ hearing.”

    In his first television interview, George Zimmerman offers an apology to Trayvon Martin's family, but says, looking back, he wouldn't have done anything differently. NBC's Gabe Gutierrez reports.

    The Martin family’s lawyer, Benjamin Crump, responded to O’Mara’s motion for the hearing with a statement on Thursday:  “Let it be clear on the record, that we feel confident that the unjustified killing of Trayvon Benjamin Martin should and will be decided by a jury.  Many of the legal architects of the ‘stand your ground’ law have already opined that it does not apply in this case.  A grown man cannot profile and pursue an unarmed child, shoot him in the heart, and then claim stand your ground.  We believe that the killer’s motion will be denied during the ‘stand your ground’ hearing, and as justice requires a jury will ultimately decide the fate of a man that killed an innocent child.” 

    'Stand your ground' criteria
    In this case, the big question is: Was Zimmerman defending himself when he killed Martin? 

    To meet the “stand your ground" law requirements in court, a case has to the following four criteria:  

    1)   Whoever initiates the physical confrontation cannot use it as a defense. In other words, you can’t punch someone, they return a blow, and then you take out a gun and shoot.

    2)   You can’t be in the process of committing a crime and then say you were defending yourself. For example, you can’t hold up a convenience store, and if the clerk pulls a gun on you, shoot the clerk and then claim you were standing your ground.

    3)   You can “stand your ground” if you are legally allowed to be where you choose to defend yourself. In this case the question will be: Was George Zimmerman legally allowed to stand in the common area between the apartments, taking into account that he exited his vehicle after being told by a Sanford police dispatcher they didn't need his assistance?

    4)   Finally, are you in fear for your life or serious bodily injury? This is a state of mind question and perhaps the most nebulous because it requires a judge to conclude how someone was thinking at the moment they fired a fatal shot.

    Trayvon Martin's parents, Sybrina Fulton and Tracy Martin, react to George Zimmerman's first television interview, telling TODAY's Matt Lauer that they wish Trayvon Martin could tell his side of the story.

    How will politics play in?
    There’s another aspect to a request of immunity when the “stand your ground” law hearing is requested -- a step beyond the courtroom into the world of politics.

    In Florida, judges and the state attorneys are elected.

    In Seminole County, where the U.S. Census reveals 11.7 percent of the population is African-American, and where thousands have protested over the way this case has been handled, were Judge Kenneth Lester to rule in favor of Zimmerman, a passionate few could organize an effort to end Lester’s career on the bench.

    Judges are supposed to rule independent of politics, but legal experts say it’s always easier for a judge “to punt” and just let a jury answer the self-defense question.

    An immunity hearing date is not yet set.

    When it takes place, you can expect every moment will be broadcast on cable television.

    That’s because another rule is also different here.

    In Florida, the legal system is open to cameras with the belief that the best government is that which is in “the sunshine.” In other words, every citizen can watch the developments, and in the process, hold those in charge accountable.

    NBC News Kerry Sanders has been following the Trayvon Martin story since it began. Follow NBC's Kerry Sanders on Twitter @kerrynbc. 

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    17668 comments

    I thought Trayvon Martin was just standing his ground against an armed night stalker who ended up killing him.

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    Explore related topics: featured, trayvon-martin, george-zimmerman, stand-your-ground-law, kerry-sanders
  • 6
    Aug
    2012
    8:07pm, EDT

    Mother of Trayvon Martin seeks damages, compensation in son's death

    Danny Johnston / AP

    Sybrina Fulton, mother of Trayvon Martin, appears at a meeting of the National Organization of Black Law Enforcement in Little Rock, Ark., on July 24.

    By Kari Huus, NBC News

    Trayvon Martin’s mother is pursuing more than $75,000 in damages from the homeowners’ association of the gated community where her son was killed, the Orlando Sentinel reported on Monday. Sybrina Fulton is also seeking money from a state fund set up to help crime victims and their families, it said.


    Follow @NBCNewsUS

    The Sentinel, citing court documents, reported that Fulton filed a claim for monetary damages with the insurance company that covers the Retreat at Twin Lakes homeowners association in Sanford, Fla.

    The insurer — Travelers Casualty and Surety Company of American — in turn filed a request of the federal court judge to relieve it of responsibility for the claim because of a clause in the policy excluding losses caused by or resulting in bodily injury, the report said.


    Martin, an unarmed 17-year-old, was shot to death by neighborhood watch captain George Zimmerman on Feb. 26. Martin was walking back from a convenience store to the home in the gated community where he was staying with his father when the fatal encounter took place.

    Zimmerman, 28, is out on $1 million bail pending trial. He has pleaded innocent to charges of second-degree murder of Martin, and has maintained that he fired in self-defense after Martin attacked him.

    More coverage of the Trayvon Martin case by NBC News

    The amount of Fulton's claim against the homeowners association is not explicitly stated, according to the Sentinel, but the insurance company writes in its filing that the "amount in controversy exceeds the sum of $75,000."

    The policy has a $1 million limit on payouts, the Washington Post reported.

    Fulton and her former husband, Tracy Martin, also filed a claim with the state's Crimes Compensation Trust Fund for emergency crime-victim assistance, the Sentinel reported, citing records released by the Florida Attorney General's office. The claim was approved March 29, the report said, but the dollar amount was not disclosed.

    The fund provides payouts of up to $50,000 to defray costs incurred by victims of crimes, such as lost wages, medical care, funerals and counselling, according to the Florida Attorney General's office.

     
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    Follow Kari Huus on Facebook

    2378 comments

    It's always been about money with the parents, and the grand new life style they have grown accustomed to. It can't be about lost wages because of all of the the donated time off Fl. state workers gave her, I know she lost her son, but what about all the other mothers of slain young black men whole  …

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    Explore related topics: crime, florida, trayvon-martin, george-zimmerman, kari-huus
  • 1
    Aug
    2012
    9:45am, EDT

    Judge in George Zimmerman trial refuses to step down

     

    By Victoria Moll-Ramirez and Becky Bratu, NBC News

    The judge in the George Zimmerman case denied to recuse himself Wednesday, ruling that a defense motion asking him to step down was "legally insufficient."


    Follow @NBCNewsUS

    "The defendant's verified motion to disqualify judge is hereby denied as legally insufficient," Circuit Judge Kenneth Lester ruled.

    Zimmerman, the 28-year-old Florida man charged with second-degree murder in the killing of unarmed black teenager Trayvon Martin, asked for a new judge in his case last month, accusing Lester of bias.

    Zimmerman alleged in the filing that Lester made "gratuitous" and "disparaging remarks" about him during a July 5 bond hearing and offered "a personal opinion" in the case.

    George Zimmerman's wife will not be at arraignment after not guilty plea

    "In doing so, the Court has created a reasonable fear in Mr. Zimmerman that this Court is biased against him and because of this prejudice he cannot receive a fair and impartial trial or hearing by this Court," the motion said.

    It is unclear whether Zimmerman will appeal the judge's decision.

    Reuters contributed to this report.

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    396 comments

    That's right judge, stand your ground!

    Show more
    Explore related topics: florida, trayvon-martin, zimmerman, kenneth-lester
  • 31
    Jul
    2012
    9:36am, EDT

    George Zimmerman's wife will not be at arraignment after not guilty plea

    The Seminole County Sheriff's Office via Getty Images

    Shellie Zimmerman, wife of George Zimmerman, the man accused of shooting Trayvon Martin, is seen in a police mug shot June 12, 2012 in Sanford, Fla.

    By NBC News staff

    Shellie Zimmerman will not appear at her scheduled arraignment Tuesday after pleading not guilty to perjury for allegedly lying about the family's finances, a court official told WPTV.com.

    Shellie, the wife of George Zimmerman, was arrested June 12 on one count of perjury.

    "Neither Ms. Zimmerman or her attorney are required to attend the arraignment," Seminole County, Fla., court spokeswoman Michelle Kennedy told WPTV. "Ms. Zimmerman's name will remain on the docket, but her case will not be called."

    Shellie Zimmerman's lawyer, Kelly Sims, entered a written not guilty plea last week, along with a waiver for her client not to personally attend her arraignment.

    George Zimmerman, 28, was charged with second-degree murder in the Feb. 26 shooting of Trayvon Martin. He pleaded not guilty, and claims that he acted in self-defense.


    His $150,000 bond was revoked after it was alleged that he and Shellie Zimmerman misled the court about their finances, neglecting to disclose they had raised at least $135,000 in a PayPal account.

    Florida prosecutors said George Zimmerman, speaking by phone from jail, gave detailed instructions to his wife to conduct a series of money transfers and transactions in allegedly coded exchanges that were intended to hide from the court how much money had been raised to help pay for his legal defense.

    Zimmerman spoke to wife in code from jail to hide assets, prosecutors allege


    Follow @NBCNewsUS

    Prosecutors released six recorded calls Zimmerman made from April 12 through April 17 while he was in Seminole County Jail. In the calls, he gave his wife Shellie detailed instructions to change passwords and answer security questions for the accounts, allowing her to move money. He then instructed her to move the money in a series of transactions carried out over days.

    At George Zimmerman's April 20 bond hearing, when asked whether the couple had financial means to assist in his defense, Shellie Zimmerman said: "Uhm, not -- not that I'm aware of," according to an affidavit.

    NBC News' Jamie Novograd and Kari Huus contributed to this report.

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    72 comments

    Lying is the heart of this case, and the only defense.

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    Explore related topics: crime, trayvon-martin, george-zimmerman, shellie-zimmerman
  • 18
    Jul
    2012
    9:18pm, EDT

    Zimmerman: 'I'm not a racist and I'm not a murderer'

    In his first television interview, George Zimmerman offers an apology to Trayvon Martin's family, but says, looking back, he wouldn't have done anything differently. NBC's Gabe Gutierrez reports.

    NBC News

    George Zimmerman shot 17-year-old Trayvon Martin, above, on Feb. 26. He has been charged with second-degree murder.

    By Isolde Raftery and Kari Huus, NBC News

    In his first television interview, George Zimmerman walked through his version of what happened the night he killed Trayvon Martin. He said he does not regret being armed, nor does he regret his actions.


    Follow @NBCNewsUS

    Zimmerman, a neighborhood watch volunteer, is charged with second-degree murder in the shooting death of Martin, an unarmed black teenager, on Feb. 26 in Sanford, Fla. The case has become the focus of national media, and ignited an emotional debate over race and gun rights.

    The 28-year-old son of a white father and Peruvian mother of Hispanic descent, Zimmerman has pleaded not guilty to the murder charge. He says he shot Martin in self-defense after Martin attacked him. He is currently out on bail.


    "When I was in jail obviously, in solitary confinement, I had a lot of time to think and reflect," he said. "I just think it’s a tragic situation. I hope it’s the most difficult thing I’ll ever go through in my life."

    Zimmerman explained in an exclusive interview with Fox News host Sean Hannity that he was headed to Target that Sunday night for his weekly grocery shopping.

    "That's the last time I've been home," he said.

    Zimmerman said that he was motivated to become involved in the safety of his community after a robbery in his community. Burglars broke into the home of a young woman with a 9-month-old baby -- the woman then barricaded herself in an upstairs bedroom, Zimmerman said. His wife saw the robbers run through their backyard.

    "Even though my wife wasn't certain what happened, that was enough to scare her and shake her up," he said. "I promised her I would do what I could to keep her safe."

    Trayvon Martin's parents, Sybrina Fulton and Tracy Martin, react to George Zimmerman's first television interview, telling TODAY's Matt Lauer that they wish Trayvon Martin could tell his side of the story.

    On Feb. 26, Zimmerman said that he saw a young man – later identified as Martin -- acting suspiciously when he first saw him. It was raining, and Martin, he said, was cutting between houses.

    “He was walking very leisurely for the weather,” Zimmerman said. “It didn’t look like he was a resident.”

    Nor, he said, did Martin look like “a fitness fanatic that would train in the rain.” 

    In fact, Martin was visiting his father at his father’s girlfriend home. He was returning from the corner store, where he had purchased Skittles and a can of AriZona watermelon drink.

    At the time, Zimmerman told the police dispatcher by phone that Martin was running away from him. But in Wednesday night’s interview, he said that Martin was “skipping, going away quickly. He wasn’t running out of fear.”

    Zimmerman said Martin asked him what his problem was. Zimmerman said he replied, “No, I don’t have a problem.”

    Zimmerman said Martin delivered a single punch to his nose, breaking it. 

    “I don’t remember if I went immediately to the ground, or if he pushed me,” Zimmerman continued.

    “He was straddled on me with his full weight and I would try and sit up and push myself down, and whenever I would sit up that’s when he would take the opportunity to slam my head back down and punch me in the head and continue to hit my nose,” Zimmerman said.

    He said Martin was cursing at him, telling him to shut up and that he was going to kill him.

    He said he felt Martin’s hand go down his chest, toward his holster.

    “It just happened so quickly,” Zimmerman said. But, he said, “I didn’t think I hit him.”

    When Hannity asked if Zimmerman had any regrets, he replied, “No, sir.”

    "Do you regret that you had a gun that night?" Hannity asked.

    "No sir," Zimmerman replied.

    “I feel it was all God’s plan,” he said.

    In response to the interview, Trayvon Martin's family issued a statement through their attorney.

    "George Zimmerman said that he does not regret getting out of his vehicle, he does not regret following Trayvon, in fact he does not regret anything he did that night. He wouldn't do anything different and he concluded it was God's plan," the statement said.

    "We must worship a different God because there is no way that MY God would have wanted George Zimmerman  to KILL my teenage son," Tracy Martin added.

    Hannity asked Zimmerman about the first time the two spoke by phone. Zimmerman at the time was armed and alone in a hotel room, Hannity said, and didn’t have an attorney.

    “Where were you mentally then? When I was talking to you, I was concerned,” Hannity said. 

    “So was I,” Zimmerman said.  “I was talking daily to one state police officer that had legitimate concerns for my safety. My wife, I asked her to stay in Florida. I was out of state.”

    “I’m not a racist and I’m not a murderer,” Zimmerman said.

    He also again apologized to Trayvon Martin’s parents.

    “I would tell them that again, I’m sorry," Zimmerman said. "I don’t have -- my wife and I don’t have any children. I have nephews that I love more than life. I love them more than myself. And I know when they were born, it was a different, unique bond and love that I have with them. And I love my children even though they aren’t born yet. And I am sorry that they buried their child. I can’t imagine what it must feel like. And I pray for them daily.”

    Phyllis Kotey, a legal expert who has followed the case, said there were several possible strategic reasons why Zimmerman's lawyer, Mark O'Mara, would allow his client to appear on national television.

    "Clearly they are trying to humanize (Zimmerman) some more and give his story some traction," said Kotey, a former judge and prosecutor who now teaches at Florida International University College of Law.

    She noted that in a television appearance, Zimmerman can speak without the risk of cross-examination by the prosecution.

    "Every time he does something public like this, he has an opportunity to get information to the potential jurors without having to take the stand," Kotey said.

    The interview was taped on Wednesday morning and broadcast later Wednesday evening. Fox News said no payment was made for the interview. 

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    5945 comments

    Unbelievable. I am watching this interview now. Its not an interview. This is Omara's way of getting Zimmerman to testify during a "stand your ground" hearing without being cross examined. Obviously Sean Hannity is asking the leading questions in ways pre-approved by Omara. Of course I'm sure Omara  …

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  • 18
    Jul
    2012
    2:07pm, EDT

    Zimmerman to appear on Fox to 'open up' about night of Trayvon Martin shooting

    courtesy of Fox News

    George Zimmerman, left, and defense attorney Mark O'Mara, center, in an interview taped Wednesday morning with Sean Hannity of Fox News.

    By Kari Huus, NBC News

    George Zimmerman has granted an exclusive interview to Fox News' Sean Hannity, scheduled to air Wednesday at 9 p.m. ET, Fox announced.

    "Zimmerman will open up about what happened the night of Trayvon Martin’s death and his experience in the aftermath of the fatal shooting," according to a Fox press release.


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    Zimmerman is charged with second-degree murder in the shooting death of Martin, an unarmed black teenager, on Feb. 26 in Sanford, Fla. The case has become the focus of national media, and ignited an emotional debate over race and gun rights.


     

    Zimmerman, the son of a white father and Peruvian mother of Hispanic descent, has pleaded innocent to the murder charge, and says that he shot Martin in self-defense after Martin attacked him. He is out on bail preparing for a trial.

    During the hour-long interview to air on Hannity’s program, Zimmerman and attorney Mark O’Mara will discuss the night of the shooting, and address rumors about about bail donations and hidden money, Mediabistro.com reported. 

    During its 6 p.m. news program, the Fox-owned station in Orlando, WOFL, aired a clip from the interview, the Orlando Sentinel reported in a blog.

    "My wife and I don’t have any children," the newspaper quoted Zimmerman as saying. "I love my children even though they aren’t born yet. I am sorry that they buried their child. I can’t imagine what it must feel like, and I pray for them daily."

    A legal expert following the case said there were several possible strategic reasons for O'Mara to allow his client to appear on national television.

    "Clearly they are trying to humanize (Zimmerman) some more and give his story some traction," said retired judge and former prosecutor Phyllis Kotey, who now teaches at Florida International University College of Law.

    They may also see it as a test run for court, she said.

    "It's a chance to hone the story and test it — test versions, what works, reactions, to see what’s going to happen," she said. "It's an opportunity to see how a particular position will play."

    She noted that in a television appearance, Zimmerman can speak without the risk of cross-examination by the prosecution.

    "Every time he does something public like this, he has an oppportunity to get information to the potential jurors without having to take the stand," said Kotey.

    Requests for comment from O'Mara's office were not immediately answered.

    Fox News spokesperson Carly Shanahan said there was no payment in return for the exclusive interview.

    The interview, which was taped Wednesday morning, is slated to run a second time at midnight ET.

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    706 comments

    I can't wait to hear those hardball FOX questions: 1) Were you terrified by the enormous black man in the hoodie?? 2) Are you a racist?? 3) Are you considering plastic surgery for the grievous injuries you suffered at the hands of that mixed martial arts killing machine?? 4) Are you still going to b …

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  • 17
    Jul
    2012
    5:59pm, EDT

    Zimmerman telephoned Quran-burning pastor from jail

    STEVE JOHNSON / EPA

    Pastor Terry Jones in 2010. His plans to burn a Quran incensed Muslims worldwide.

    By NBC News staff

    George Zimmerman contacted controversial Florida pastor Terry Jones from jail in April and tried to dissuade him from holding a rally in Sanford, Fla., to support him in the Trayvon Martin case, theGrio.com reports.


    Follow @NBCNewsUS

    That tidbit was in the nearly 150 jailhouse calls to or from Zimmerman, who is charged with second-degree murder in the February killing, that prosecutors released this week.


    Zimmerman placed the call to Jones just on April 19, one day before Zimmerman’s initial bond hearing. 

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    Jones is known for his anti-Islam rhetoric and for burning a Quran, which prompted violent reactions around the world.

    Read the full report from theGrio.com here.

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    12 comments

    That is almost as bad as calling Charles Manson as a character witness.

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  • 16
    Jul
    2012
    12:04pm, EDT

    Witness: Zimmerman did not like black people

    A statement has been released by "witness 9," an unidentified person who's told authorities that George Zimmerman may be racially biased. NBC's Janet Shamlian has the details.

    By Kari Huus, NBC News

    An unnamed witness who grew up around George Zimmerman contacted authorities after the shooting death of Trayvon Martin because she feared that Zimmerman was motivated by a prejudice against black people, she said in recorded conversations with investigators. The witness also alleges that Zimmerman molested her over the course of a decade, starting when she was 6 years old.

    The woman, known in the records as Witness #9, spoke to the investigators on March 20, interviewers in the audio recording indicated. The recording was released by the Florida State Attorney's Office on Monday under the state's open records laws. The identity of the witness was not released, but NBC News has reported she is a cousin.


    Zimmerman's defense team had attempted to block the release of the audiotapes, but their motion was denied by Seminole County Circuit Court Judge Kenneth Lester.

    "Growing up, (Zimmerman) and his family always made statements that they didn’t like black people if they don’t act like white people," the witness, who would be about 27 now, told investigators in the taped conversation. "They like black people if they act white. Other than that, they talked a lot of bad things about black people."


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    Asked if she could cite a specific instance where Zimmerman expressed racial bias, the witness said she could not recall one, and did not know of specific actions he had taken against black people in the past.

    "It’s just a known thing that that’s how the family feels," she said.

    In a separate taped interview with investigators, Witness #9 alleges that Zimmerman took opportunities when the families were together to sexually molest her. The alleged incidents would have taken place when Zimmerman, two years older than the witness, was between 8 and 18 years old.

    The earliest incident she said she could remember took place when she was about 6 years old while she was staying with the Zimmerman family in Virginia while her mother and father moved to Orlando, Fla., from Louisiana. She alleges that Zimmerman groped her under the blanket, the first in a series of traumatic incidents that she says continued at family get-togethers until she was about 16.

    No police report or charges were ever filed in the case.

    It was unclear how or if the prosecution would use the sexual abuse allegations by the witness.

    Watch the most-viewed videos on msnbc.com

    Zimmerman's defense attorney, Mark O'Mara, tried to block release of both tapes by the special prosecutor on grounds that it was irrelevant to the Martin case.

    "The motion further contends that this irrelevant statement should be withheld from public dissemination because of the substantial risk that public disclosure will lead to widespread hostile publicity which would substantially impair the Defendant's fair trial rights, and would pose a serious threat to the administration of justice," O'Mara said in a statement posted to the Zimmerman defense web site.

    "Now that this statement is part of the public record, the defense will vigorously defend Mr. Zimmerman against the allegations. In the next several weeks, there will be reciprocal discovery filed regarding Witness #9's statement," the statement said.

    O'Mara also sought to keep sealed about 130 of Zimmerman's jailhouse phone calls that were also released on Monday.

    Benjamin Crump, an attorney for Trayvon Martin's family, issued a statement saying that the woman's testimony contained in the tapes should be included in the evidence.

    "Zimmerman's mentality is very relevant to this trial," said Crump. "As the State Attorney previously stated, (Witness #9) certainly would be a rebuttal witness very similar to that in the Sandusky trial showing that (Zimmerman) has a history of violence and manipulation."

    Crump was referring to Jerry Sandusky, the former Penn State assistant football coach who awaits sentencing after being convicted last month of 45 counts for abusing 10 boys.

    Zimmerman is charged with second-degree murder in the Feb. 26 shooting death of Martin, 17, who was unarmed and walking through the gated neighborhood of Sanford, Fla., where Martin's father and Zimmerman lived.

    Zimmerman has pleaded not guilty, and asserts that he was acting in self-defense after Martin punched him in the face and repeatedly slammed his head into the sidewalk. He is out of jail on bail and awaiting trial.

    The case has ignited an emotional nationwide debate on race and gun rights.

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    2178 comments

    Hope the Chester the Molester charges aren't true. Damn George, what kind of person are you?

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  • 16
    Jul
    2012
    8:47am, EDT

    Memorial's removal in Sanford sets off new tension months after Trayvon Martin shooting

    Roberto Gonzalez / Getty Images file

    Raphael Cuevas, left, and Jashua Castro stop on March 20 at a memorial to Trayvon Martin outside The Retreat at Twin Lakes community where Martin was shot by George Zimmerman.

    By Lisa Lampkin and Jamie Novogrod, NBC News

    SANFORD, Fla. -- A battle is quietly brewing here over the possibility of a new, permanent memorial to Trayvon Martin.

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    Last week, city officials took down curbside memorial items that had been sitting for months outside the Retreat at Twin Lakes subdivision, where 17-year-old Martin was shot by George Zimmerman the night of Feb. 26.

    The removal of the memorial angered some advocates for Martin's family, and apparently sparked discussion about remedies, including a permanent memorial.


    While it's unclear where things stand – city officials say discussions about a permanent memorial are only beginning – opponents are already girding for a fight.

    A group called the United Sanford Alliance has created a petition opposing a permanent memorial.  Frank Taaffe, a friend and neighbor of Zimmerman, said by phone Sunday he plans to go to residents in the subdivision to ask for signatures.

    Trayvon Martin family upset over moving of curbside memorial

    "It's extremely unpalatable to the majority of residents," Taaffe said of a new memorial, adding, "it's disdainful because we don't know yet who the victim was and who the aggressor was."

    Several city officials, including a spokesperson for Sanford City Hall, said Sunday that a permanent memorial is in discussion phase only.

    More NBCNews.com coverage of the Trayvon Martin shooting death 

    City Manager Norton Bonaparte Jr. met last week with the citizens group responsible for the original memorial, the Concerned Citizens of Sanford.  

    Officials say nothing regarding a new memorial was decided.

    Follow @JamieNBCNews

    Reached by telephone, a member of the group, Francis Oliver, said a permanent memorial was one of several ideas discussed during the meeting.  Another idea, she said, was a less elaborate cross outside the subdivision.

    Asked to respond to the petition opposing construction of a memorial, Oliver said Taaffe’s assertion that it’s not clear who the victim was on the night of February 26th is beside the point.

    “We know who’s dead, don’t we?” Oliver said.

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    “Memorials are for the dead, not the living,” she added. “This was a young life.”

    Oliver’s group, Concerned Citizens of Sanford, said neither its members nor Martin's family approved the city's decision to remove the original memorial last Monday.

    According to an FBI report investigating whether race was a factor in the shooting of unarmed teen Trayvon Martin, none of the dozens of people the FBI interviewed said shooter George Zimmerman is a racist. NBC's Kerry Sanders reports.

    But in a news release, the city said it reached its decision to remove the memorial "after communicating with representatives of Trayvon Martin’s family."

    Late last week, a new makeshift memorial -- a wreath and a photograph of Martin with the message "Justice for Trayvon" superimposed on it -- went up outside the Retreat at Twin Lakes Subdivision.

    A spokesperson for the Concerned Citizens of Sanford told the NBC News website The Grio that the group did not put it up.

    The original memorial items, a cross or two, flowers, and a message to remember his life, are being stored at the Sanford city museum.

    Zimmerman, a Sanford neighborhood watch volunteer, is charged with second-degree murder in Martin’s death. He says he shot the unarmed black teen in self-defense after Martin punched him and knocked his head against the pavement. Zimmerman has pleaded not guilty and is free on $1 million bond.

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    2363 comments

    so, all of a sudden this was Martin Luther King, Jr.? Give me a break.

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Reporter Kari Huus joined msnbc.com at launch in 1996 after 7 years reporting from China. In recent years, she has focused on domestic issues, playing a key role in msnbc.com series including The Elkhart Project, Gut Check America, and Rising from Ruin--on the recovery of two Mississippi towns after Hurricane Katrina. Huus has also covered a wide array of international stories, including China's 2008 earthquake, the Asian economic crisis, the fal …

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