I am trying to come up with the state's summation at the immunity hearing. I will make the assumption that all they need to do is show that the evidence that Zimmerman shot in self defense is no better than in equipoise
. In particular, they don't have to present any evidence of malicious intent or bias on Zimmerman's part or whatever would justify a second degree murder charge at trial. If I am wrong about that I am sure I will find out soon enough.
I am also leaving DeeDee out of this since at this moment it is unclear if she will be called. I also assume that the jury will be ignorant of what the prosecution claimed and presented at the immunity hearing. Imagine the following in 36pt, red, all caps, bold, italic and underlined in order to better simulate Bernie's presentation.
Your honor, first I want to point out that it was at least as likely that Zimmerman was the initial aggressor as it was Martin. Zimmerman left the safety of his truck shortly after he says Martin circled it with hostile intent. He tells us that he was so fearful of confrontation that he wouldn't open the window part way to explain his business to Martin. But still when the police dispatcher suggested he return to his vehicle, he kept going through the cut through to Retreat View Circle to get an address he says, for the police to meet him at, yet he never got the address and finally told the dispatcher to have the police call him when they arrived. This clearly shows he wasn't concerned so much for his safety. The hunt was on and he smelled meat. As he was getting out of his truck, he told the dispatcher that Martin was running for the back entrance. If he really wanted a good view of that he could have quickly driven close to the back entrance to head Martin off and more easily given the police directions where to meet him. No, your honor, Zimmerman was so blinded by rage that another asshole would get away that he got out of his truck with his gun in his jacket pocket. He told us that when Martin appeared out of the darkness, he searched for his cellphone to call 911 which he claimed was in his jacket pocket. What he was really reaching for was the gun. How the heck was he going to get a 911 call in with this guy he claimed he was in fear of close by? Trayvon being at the "T" at that moment, when he could have been home, doesn't show aggressive intent on his part; he may really have wanted to know why he was being followed. Thus we argue that the initial aggression was by Zimmerman.
In the following fight, your honor, the evidence is certainly in equipoise as to who is screaming for help. The FBI says it can't be scientifically determined and the relatives and friends all say it is their man crying for his life. Yes, Zimmerman was injured but not Martin, before the fatal shot. We feel that indicates that Zimmerman was so intent on holding onto his gun, trying for the fatal shot, that he didn't defend himself. He knew he wasn't in mortal danger from Martin. He had the gun and his injuries were much less than he claimed later. The best eyewitness, W#6, said he couldn't tell whether Martin was raining down blows MMA style or simply trying to hold down Zimmerman's wrists. Thus your honor, it is not more likely than not that Zimmerman fired in self defense and this case should be decided by a jury.