Defense Closing

[RickyJim]

O'Mara pointing out that the state is trying to invert the burden of proof, so that Zimmerman has to prove he is innocent.

But previously he was boasting that he was going to prove Zimmerman innocent.  Now I am not sure what he is claiming.

[annoyedbeyond]

But previously he was boasting that he was going to prove Zimmerman innocent.  Now I am not sure what he is claiming.

Sounds a lot more like an issue with you than with O'Mara.

[Evil Chinchilla]

PLEASE stop feeding the "attention troll" and keep this focused on recapping for those of us who can't watch it.

Thank you.

[cboldt]

O'Mara reinforces that the jury is not allowed to speculate.  It must use the evidence.

O'Mara acts out Zimmerman being jealous of the stucco guy for catching the juror.  Says the state hasn't produced any line to connect.  Stucco guy caught the burglar, Zimmerman is frustrated.  has the state connected those two at all? (underpants gnome, sez me).

Smith, crime scene process.  Missing evidence, who gets the benefit of the doubt?  Zimmerman.  Hammers Bahador's credibility.  Play the prosecutor's trick, maybe what she heard, "left to right," was Martin going after Zimmerman.  Surdyka not lying when she says 3 pops, she remembered wrong.  She also got wrong the big guy was on top (Ummmm).  Ms. Manalo.   She assumed Martin looked like he did when he was 12.  Well, if you used a picture of O'Mara when O'Mara was 12, then O'Mara will be the guy being beat up.

Rachael Jaentel.  She didn't want to be involved.  O'Mara thinks Rachael's mom told Rachael to go talk to Sybrina.  He talks about the time delay of three four weeks - you don't have that kind of recall three weeks later, from a phone call.  "Oh yeah, you want that too?"  O'Mara is sorry that she had to involve her life with our lives in this way, but she's a witness.  On "close to dad's place" O'Mara says he thinks that means close relative to the 7-11, not that it was literal.  Get's into the inappropriate taking of statement by the state, with Sybrina on the couch next to the witness.

Lauer ... and he'll continue making points with evidence elicited from each witness.

[cboldt]

I skipped many of the witness and their summary significance.

O'Mara describes the extent of injuries that have to be present, by law, in order to justify self defense.  ZERO.  He repeats, ZERO.  No injury is necessary to respond with deadly force.  The statute is clear, reasonable fear of bodily harm (misstatement by omitting "great bodily harm").  What you  (jury) have to consider is Zimmerman's state of mind.

DNA experts - rain, preservation of evidence.

Carter (JAG officer) - not a good idea to wait for injury, before responding in self defense.

DNA analyst - O'Mara talks about how little blood was probably around.  Will later have some precise points (that support self defense)

Sybrina - O'Mara says he knows mom's believe with their heart and soul it was their child, it's part of how you get through it.  Classy treatment of the witness.

Dr. Bao - it was the state's decision to bring him in.  Injuries on Martin, hands should have been bagged, clothes wern't packed so as to preserve DNA.

[cboldt]

Tracy Martin's "not my son's voice" - up to you to decide how to deal with that.  Credibility?  weight?

Kokopelli's gym - advertised Zimmerman, mocks that as Zimmerman going from a 0.5 to a 1.  Zimmerman afraid to shadowbox because the shadow might win.  LOL.  Good line.

ex-Chief Lee on tainting testimony of witness testimony by allowing the family to listen together.  That infected the evaluation of the who screamed testimony - who gets the benefit of the doubt on that?  Zimmerman.

di Maio - stuck to the gunshot, even though both sides tried to take him outside of that.  Martin is leaning over, his loose billowing shirt is away from his skin.  This completely supports the contention that Zimmerman, on the bottom, Martin leaning over when he was shot.

The state says "he could have been backing up."  He might have been backing up.  If he (O'Mara) was arguing that, it would be reasonable doubt.  He could have been backing up to strike another blow.  At some point, after 45 seconds of being attacked, he didn't back off when Good came out, so some reason, just before the shot came, the state wants you to believe that Martin retreated.  Really?  Really!  Just give me one piece of evidnece for that.  Where is it?  One eyewitness.  Where is one shred of evidence for the absurdity they are trying to get you to buy.  Mr. Guy can tell you about it when it's his turn.

[cboldt]

Root -  the state is impeaching lifetime law enforcement officers.  Guy asks "at that moment, what other options did Zimmerman have?"  Response, from a use of force expert, "none."  This from a person who teaches how to use force, when to use force, when not to use force.  And they asked him if Zimmerman had alternatives.  Just give me one shred of evidence that contradicts that he had any other option.  Just because the expert says it you don't have to believe it, but if you do believe it - if it helps you, then accept it.

Bertalon - put a face on what was going on in RTL.  Thank God nobody came upstairs, the scissors would not have helped.  That is the face of frustration.  That's why Zimmerman was helping.   He's a lock, here's my number, here's my wife's number.

This is a powerful close, at this point.  REALLY powerful.

[cboldt]

Lights back on.  Blood not on the hands?  Not on his chest either, even though nobody admits any cleaning.

To the lifesize cardboard cutouts.  These show a remarkable difference in height.  O'Mara refers to himself standing next to the 7-11 clerk, this is how the cutout of Martin was developed.

Shows pictures of Martin in 7-11, and the picture off the phone, buff Martin.  Says that ME photos don't show the person.  There is no muscle to them, no nerves, no movement.  The picture of Martin on the ME table does look emaciated, but this picture, in evidence, shows what Martin looked like 3 months earlier.  This is the person that attacked Zimmerman, and battered him for 40 seconds.

[cboldt]

O'Mara points out that Zimmerman voluntarily gave all sorts of statements, and if anybody gives the same story twice, they are probably lying.  They are probably pathological liars (that'll trigger a memory of Serino).  What Serino said was he doubted Zimmerman got hit 25 times.  Maybe he did - is that the embellishment the state is pointing out to make Zimmerman a liar?  If you lie, it is an intent to deceive.  If he had an intent to deceive, why did he give so many statements?

Zimmerman knows whatever the state wants you to think he knows, but he also knows Miranda. 

[cboldt]

Back to burden.  Presumption of innocence stays attached until the state takes it away with proof beyond a reasonable doubt.  Recapitulates the if you have an abiding conviction that vacillate, then you have a reasonable doubt.  I have never said this is a criminal case - I almost wish that the verdict had guilty, not guilty, and completely innocent, because I would ask you to check the completely innocent box. (it takes guts to make that claim).

Goes a bit on memory and credibility, indicia for credibility.  Surdyka, Bahadoor, Mora.  Did they have an interest in the outcome?  When Zimmerman gave statements, in his mind, at that time, he had an interest in telling the story to his own advantage, of course.  Global view - Root says you have to look at the totality of the circumstances.

Case has to be decided on the evidence.  Don't bring assumptions, presumptions.

Don't decide because you feel sorry for somebody.  You said you could deliver an acquittal faced with the Martin family.  I asked that for a reason.  This is a tragic loss for them, but that should not influence your decision.

Talks about the use of deadly force instruction - did Zimmerman reasonably believe, have a reasonable fear of great bodily harm.  He does not have to think he is going to die.  You must judge him by the circumstances at the time, at the moment the force was applied.  The risk doesn't have to be actual, but in this case, with a fight, it is - but rubber knife.  The appearance of danger must have been so real, reasonable and prudent and cautious person in those circumstances, put yourself in his predicament, would you believe the danger could be avoided only by the use of force.  Zimmerman has to actually believe the risk.   You can take relative abilities into account.  If you have a reasonable doubt that he was justified, you should find him not guilty.

Two slides / posters on the easel to explain reasonable doubt in justified use of deadly force.

[cboldt]

O'Mara presents the instruction that Nelson denied, as a poster.  Following is not against the law.

O'Mara says he is running over his time, and wishes he had more.

Defense called Tracy Martin.  If the state is seeking justice, why should the defense call Tracy?  The burden is on the state.  Did the state tell you about all the other burglaries at RTL.  Where is the state's expert on use of force?  Who was their rebuttal to di Maio?  The burden is on the state to prove.  Did Zimmerman press the gun into Martin's chest?  Emotions vs. Justice.  Does it help you to decide this case when somebody who is not Zimmerman;s voice yells and screams and curses at you?  Listen to the tape, not to Guy.  O'Mara says "I look like Joel Olsteen, I guess Guy is tryinbg to sound like him"  ROTFL.  O'Mara mocking the prosecutors a few times on their repetition of exaggerated tone of Zimmerman's voice.

How many times was it said that Martin was unarmed?  O'Mara pulls out the concrete slab.

That is not some unarmed teenager, with skittles, on his way home.  The suggestion by the state that that is not a weapon, that it can't cause great bodily injury, is disgusting.  (O'Mara's word).

Even if we presume Racheal was accurate, Zimmerman said "what are you doing around here."  What did Root say about that, what about evolution of force?  You might come back "get out of my face," but Dennis Root didn't say that the appropriate response was to break the other guy's nose.  There was some anger, hostility, ill will, and it had nothing to do with Zimmerman except he was the victim of it.  had Martin been shot through the hip and survived, what do you think he would have been charged with?  Aggravated battery?

The state has to convince you beyond a reasonable doubt that my client is guilty of anything.  I may think I have convinced you.  The state is going to stand up and tell you again that Zimmerman is a liar.  But, here is the standard, you go back there, if you have a reasonable doubt that my client acted in self defense.  Do we think he might have acted in self defense - just maybe, if you reach that conclusion, you get to stop.  self defense is a defense to everything.  Littering, speeding, grand theft, manslaughter, 2nd degree murder.  If the state has not convinced you beyond a reasonable doubt that Zimmerman has NOT acted in self defense, you are done.  You don't have to write "innocent" on the form.

Don't let the state win on innuendo, yelling, screeching.

If you think Zimmerman acted in self defense, you are done.  Thanks jury for their time, their attention, it is a difficult task, their interest.  O'Mara and Zimmerman appreciate.  he wants one more thing, find Zimmerman not guilty and let him get back to his life.

Ten minute recess, then Guy.

On a scale of 1-10, I'll give that close an 8.5 or higher.  It's an "A"  (I grade hard)

[teresainpa]

Good job MOM.  I hope the jury is smart.

[cashmere]

O'Mara certainly scored high marks from my "vantage".   I just like his style, soooooo much more than BDLR's.  Now for "Guy", the handsome dude..............curious about what he will do.

[nomatter_nevermind]

At 8:08 looks a lot like being at the T when he says he got punched.

At 8:08 is when GZ started talking about TM approaching. It's not when he stopped to show the point he was standing when he was punched.

[cboldt]

O'Mara certainly scored high marks from my "vantage".   I just like his style, soooooo much more than BDLR's.  Now for "Guy", the handsome dude..............curious about what he will do.

heh.  I'm not going to cover Guy's performance.  Last time he was up, he looked like he was on drugs or something, maybe one pot of coffee too many.  His eyes were bugging out.