News Analysis: In Zimmerman Case, Self-Defense Was Hard to Topple

Written By Unknown on Senin, 15 Juli 2013 | 13.08

Pool photo by Joe Burbank

George Zimmerman leaving court after his acquittal on Saturday of all charges in the shooting death of Trayvon Martin. More Photos »

SANFORD, Fla. — From the moment George Zimmerman held up his arms and told the police that he had shot Trayvon Martin, one fact was undisputed: an unarmed black teenager lay dead.

But as one top Florida defense lawyer, Michael Band, said on Sunday, "Trials, for better or worse, are not morality plays."

From the start, prosecutors faced a difficult case — weak on evidence and long on outrage. Mr. Zimmerman had the power of self-defense laws on his side, and was helped by a spotty police investigation and prosecutorial missteps. The initial investigation foundered when the local prosecutor balked at bringing charges, convinced that overcoming the self-defense claims would prove impossible.

But six weeks after the killing, his replacement, Angela B. Corey, from the Jacksonville area, charged Mr. Zimmerman with second-degree murder, a tall order.

At the trial, the fight between Mr. Martin and Mr. Zimmerman that preceded the shooting produced a muddle of testimony — and grist for reasonable doubt. It remained unclear who had thrown the first punch and at what point Mr. Zimmerman drew his gun. There were no witnesses to the shooting and no definitive determination of which man could be heard yelling for help in the background of a 911 call.

The only version of events came from Mr. Zimmerman, who did not take the stand, denying prosecutors a chance to cross-examine him. His statements to the police spoke for him at the trial. Defense lawyers also had a powerful piece of evidence in photographs of Mr. Zimmerman's injuries: a bloody nose and cuts and lumps on the back of his head.

Mr. Zimmerman, a neighborhood watch volunteer, claimed that he shot Mr. Martin only after the teenager knocked him to the ground, punched him, straddled him and slammed his head into the concrete — "a weapon," as his lawyer, Mark O'Mara, called it. The murder charge required a showing that Mr. Zimmerman was full of ill will, hatred, spite or evil intent when he shot Mr. Martin. But prosecutors had little evidence to back up that claim, legal experts said. They could point only to Mr. Zimmerman's words during his call to the police dispatcher the night he spotted Mr. Martin walking in the rain with his sweatshirt's hood up and grew suspicious.

"Punks," he said, adding a profanity. "They always get away," he said, using another profanity.

But Mr. Zimmerman appeared calm during the call and did not describe Mr. Martin's race until he was asked. And defense lawyers brought in witnesses to say that Mr. Zimmerman, on the whole, was a courteous, kind and caring neighbor.

"That was a fatal flaw right from the start in the case," said Jeff Weiner, a well-known Miami criminal defense lawyer.

Toward the end of the trial, prosecutors asked the judge to include the lesser charge of manslaughter, but the jury rejected that as well.

Legal experts pointed to what they said were errors by the prosecution. Several prosecution witnesses struggled on the stand and appeared not to have been prepared, including Rachel Jeantel, the young friend of Mr. Martin's who said he had told her on the phone that he was being followed and was scared.

Prosecutors interviewed Ms. Jeantel for the first time in the house of Sybrina Fulton, Mr. Martin's mother, while Ms. Fulton sat next to her. Shaken up by Ms. Fulton's presence, Ms. Jeantel softened her account of the phone call to protect Ms. Fulton, she testified.

Prosecutors also were hurt by the testimony of Officer Chris Serino of the Sanford Police Department, the chief investigator on the case. He told the jury he believed Mr. Zimmerman's account was truthful.

Yet another trouble spot was the testimony of Dr. Shiping Bao, the medical examiner who performed the autopsy on Mr. Martin. On the stand, legal experts said, he came across as befuddled, shuffling through his notes because he could remember so little.


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