JD, who comments regularly at my site and who provided the invaluable overlay of a Google Earth Satellite photo onto the SPD Total Station diagram of the objects found at the crime scene, asked the following question:
His lawyer [Mark O'Mara] seems to want to make a point that GZ was still 17 at the time the cousin [W9] claims he was 18 and she 16. If none of this ever happened, what’s the point in making that claim?
Statutory rape statutes establish the age of consent, which is usually 16, and provide exceptions based on the age of the other person. In effect, these exceptions establish a sliding scale of criminal liability. For example, no crime would be committed if a 16-year-old boy had consensual sex with a 15-year-old girl.
I am not familiar with the Florida statutes, but O’Mara appears to have been pointing out that, even if W9′s allegation were true, it would not constitute a crime because she and GZ were too close in age.
That ignores her claim that she never consented to sexual contact.
Statutory rape statutes eliminate consent as a defense. Since she did not consent, the statutory rape statutes do not apply.
Assuming her allegations are true, we’re looking at rape and indecent liberties type offenses.
Rape requires proof of penetration “however slight,” and includes digital penetration.
Rape is generally classified into three degrees:
R1: forcible penetration while armed with a weapon;
R2: forcible penetration; and
R3: non-consensual penetration.
A victim is not required to physically resist in order to establish that she did not consent to sexual penetration. In other words, “no” means “no.”
I say “she” because W9 is a female and this article is about her allegations. It’s important to remember that males also can be victims of sex offenses. Jerry Sandusky’s sexual predation is a current example that is fresh in everyone’s mind.
Most date rapes fall into the R3 category where the perpetrator does not use force and the victim does not consent or physically resist.
During my career as a felony criminal defense lawyer, I did not see many cases that started out charged as R3. Instead, cases that started out as R2s and occasionally R1s were bargained down to R3s, due to proof difficulties.
I concede that my legal experience falls into the dreaded category of anecdotal information and I do not know if there are any studies that confirm it. Suffice to say that the R3 category has been a source of continuing debate in our society.
Indecent liberties offenses consist of fondling and may be forcible or non-consensual.
States also have statutes that exempt children from criminal prosecution below a certain age. I am not sure what it is in Florida, probably 10 or 12.
States also have statutes of limitation that prohibit prosecution after a certain time period passes. The states vary quite a bit in the area of sex crimes involving children because children are so reluctant to accuse their abusers until later in life, if at all.
I do not know whether GZ has any possible exposure to criminal charges based on W9′s allegations, given the passage of time.
I did not get the impression that W9 was seeking to have GZ charged with a criminal offense. I think she felt guilty for not reporting the abuse to the police because if she had, that might have changed his life in a way that would not have led to him killing TM.
She wanted the police to know that he is a frightening and intimidating person who lies and uses charm to manipulate and control others. She did not want him to lie, charm and talk his way out of responsibility for killing TM as he had gotten away with sexually abusing her for so many years.
That was the message she wanted to convey.
When O’Mara said GZ was still 17 at the time W9 claimed he was 18 and she 16, he was saying that even if GZ did what she claimed he had done to her, he did not commit a crime.
As with other aspects of this case, O’Mara seems utterly clueless.
Because she was not seeking to have him charged and I do not believe the prosecution is even considering charging him for what he did to her, I am not going to review Florida’s sex crime statutes to determine whether GZ has any potential exposure to criminal liability for rape, statutory rape and indecent liberties.
Such an inquiry and a discussion about it would be irrelevant and distracting. Readers who want to know can always look up the answer by reviewing the Florida Statutes.
Keep in mind that regardless whether the alleged misconduct constitutes a chargeable offense, it will not be admissible during the State’s case in chief pursuant to Rule 404(b). The only way the jury would get to hear about it would be if the defense opened the door by introducing evidence that GZ is a law abiding, peaceful and non-violent person who would not have killed TM, unless it was in self-defense.
Presumably, the defense would never risk opening that door.
As I demonstrated previously, but for O’Mara’s failure to let Judge Lester know that W9 had provided a tape recorded statement to law enforcement accusing GZ of digitally penetrating her vagina and fondling her multiple times during a 10-year period that began when he was 8 and she was 6, the public would not know about W9′s accusation.
He did not do his client any good by failing to keep her allegation from being released to the public.
In my title to this article, I asked if O’Mara was clueless as well as ineffective.
I think we know the answer.
Do you think that Zimmerman took a shortcut between the buildings in order to meet up with TM and come face to face with him?
Not sure what shortcut between what buildings you are referring to.
Scroll down and check out the picture of the apartment that shows possible paths they took.
http://bcclist.com/2012/03/27/trayvon-martin-george-zimmerman-map/
That is exactly what G.Z. did.Remember trayvon didnt live there.GZ did and he was the so call watch guy.He knew that community in and out.Im sure trayvon did not.From personal exprience i live in a gated community just as large as that one is.I still get lost at times.So all that to say this.Trayvon was running,scared,its raining,dark,im positive he was lost and by ole george knew where to go to cut him off so he could come face to face with him.That is what happened.
@Karma,
You stole my thoughts lol.:). I am of the same belief in that TM probably wasn’t overly familiar with the area. It looks confusing to me. When I read Brandy Green’s statement (she is the girlfriend of TM’s dad) if I am remembering correctly, she stated that TM had been at her house either once or a couple of times before (will verify). GZ knew that community. He even stated that he knew everyone (adults and kids). Don’t know the veracity of that statement, but I am sure he is very familiar especially with him being the Neighborhood Watch guy and all. Good post.
The theory that Z and M took the pathways indicated at that link cannot be correct.
The evidence is scattered beginning at the “T” of the sidewalk and then moving in a southerly direction.
Witness accounts state that the arguing started close to the “T” and then moved in a southerly direction as well.
If Z and M met at the spot indicated then that would preclude the evidence being in the area near the “T”.
What matters is what can be proven in court. There was a gap between two people and someone sought to close it. TM ran away, as GZ admitted to the dispatcher and later tried to omit from his various accounts. GZ only talks about TM running when he is prompted by investigators, and even then he “doesn’t remember” in what manner TM was running.
IMO it’s easily demonstrated as well that GZ parked at the first corner of TTL to observe TM at the mailboxes, and spoke to dispatch from here as well, observing TM walk past his car on his way home while remarking about his hand in his waistband, etc. GZ himself marked a map with this position but quickly crossed it out just before he told Singleton the “doubled back to circle my car ominously” false narrative that doesn’t align with the NE call to dispatch. His repeated insistence that he was “by the clubhouse” when played the NE recording finally makes sense when you consider this position as well. Then of course there is his own words to dispatch “Is he near the clubhouse now?/ Yeah, now he’s coming towards me.”
GZ also told investigators he was all the way to RVC when he said “he ran,” yet he denies running himself or walking fast, which is physically impossible given the distance.
His supporters like to assert his false narratives and “forgetfulness” as a sign of ADHD or PTSD, etc. but these excuses do not remove him from the space-time continuum. He has to be SOMEWHERE, and in fact he’s seemingly claimed two places – parked at the clubhouse parking lot and at a spot by the cut thru. Neither spot works, and he contradicted himself IMO by telling two lies. He’s not “mistaken” in one and therefor right with the other. He’s wrong both times for a reason.
Zimmerman has told a series of lies that form a pattern: when in doubt, leave it out. What he’s left out is the manner in which he observed TM’s move from near the clubhouse to the cut thru – by following TM in his car. Dee Dee corroborates this story but deductive reasoning alone, compared with GZ’s statements prove it is the simplest explanation. GZ’s tale that he was instructed to move from the clubhouse parking lot is another obvious lie, but has its’ genesis in his desire to leave out the slo mo car-to-pedestrial chase down TTL. Originally, he’d invented the they-told-me-to-follow-him idea as his excuse for getting out of his car. Listen to his first interview – he’s trying to omit/obscure the running and invent an excuse for leaving his car.
But shortly after telling this, Singleton pauses the interview and in a second recording brings in in a map and helpfully points out that he’d forgotten to explain how TM was ahead of him when he’d passed him on RVC near Frank Taaffe’s house. It’s at this point that he conflates the two instructed-to-move moments from one. Originally he wanted to tell a story that left out the clubhouse altogether, since it was problematical. Now, he’s caught needing to claim a separate spot for pulling over to call police. Listen to the first two interviews with this in mind and I think you can see what I’m saying.
What does any of this have to do with running between the ends of buildings? Nada. But it establishes the activity that GZ pursued TM until he found him and lied to investigators about the whole story right up until he ended his phone call with “just have them call me and I’ll let them know where I am,” another indicator that he was still seeking the teen.
If a rat reaches a dead end in a maze and turns back (“towards” his vehicle) has he given up looking for the cheese? Of course not.
At this time in the story, there are “missing minutes” and both parties have ample time to walk many many places. But what evidence do we have to say TM went anywhere besides John’s backyard? None that I know of. Why speculate at all? There was a gap, and someone closed it, leaving a trail of dropped objects seemingly headed south.
Is a jury to believe that immediately after his recorded call ends, he starts telling the truth? Or does the pattern of omissions, contradictions and inconsistencies continue? Here’s a hint: what is George doing with his hands the whole time he claims to be in a physical fight?
Bravo!
Yes.
I thought that from day 1.
He told the dispatcher that he last saw TM heading toward the rear entrance.
That’s located almost directly across the street from Brandy Green’s home where TM was staying.
Bravo Professor. I reviewed the Florida statutes and it appears that there is a 4 year statute of limitations – so GZ is safe in that respect I do believe. What I am curious about, and hopefully you will be able to shed more light on it is this. If GZ is claiming self-defense, he will need to show that he is believeable since no one actually witnessed the shooting. The State is going to introduce evidence that shows that GZ has been inconsistent and has at times out right reversed his earlier statements – and generally make him out to be a liar. How will the defense counter this if they cannot bring in evidence that GZ is a “law abiding, peaceful and non-violent person” who would not lie or perjure himself? TIA for your knowledge.
The answer is the defense has an insurmountable problem IMO and a loser case.
I agree. So, what as a defense attorney is O’Mara thinking? What would you do if you were in his shoes at this point – besides withdraw as his counsel?
It seems like you should command a hefty fee if you decide to answer that question. It’s impossible to know if either the prosecution or the defense is reading this blog.
I read an article that said, W-9 stated that he made her rub his penis after he had some kind of surgery. I think he was around 13 at the time. If she remembers the details and how the scar looked, his medical records from the surgery, and physical evidence on Zimmerman, would be very compelling to convince a jury that she is credible. Most 13 year old boys dont show their parts off to their female cousins, particularly if they perciave it to be abnormal.
Could the surgery have been a possible circumcism, nothing abnormal about that.
in the traditional sense no. At that age its more likely that if it was done it was due to an abnormally tight foreskin that did not retract properly or at all.
If he got a circumcision at 13 and still had a scar, I doubt he would want anyone touching it…trust me….there is a reason it is done when boys are infants. Due to complications, a family member had to get circumcised at 3. After the bandages came off, he screamed for an hour straight until the codeine set in. For a week, he walked around in the nude. Umm….GZ would be hobbled at 13.
Muslim boys get circumsized between the ages of 6 and 11. Jewish boys get circumsized at 8 days. Zimmerman was raised catholic, so I doubt it was a religious circumcision. Medical records could indeed collaborate her story and prove her veracity.
Another thought that crossed my mind was how the SPD handled the investigation and took Zimmerman’s word the night of the murder. They took his word that he had no police record, no drug test was performed on him, but one was performed on TM. I believe that the the police identified with GZ as one of them because GZ was talking their terminology. They were quick to assume that Trayvon was a thug and GZ was the good guy, until they ran a background check on TM, which I doubt that they’ll admit.
I see SPD having a real problem, if GZ is found not guilty, the Martins would probably have a better lawsuit against the SPD rather than GZ. Technology is so sophisticated now, I cannot understand them not putting GZ’s name in their system for whatever reason and not getting a hit for some type of criminality in his background, espounged, or not. And,if they did put his name in their system and came up with a hit they lied and said he had a squeaky clean record, probably why Lee was fired.
I worked as a reservation agent for a major airline, if a person called in and that person had a reservation in the system they would also have a history that told every person who touched that record and what transpired and I know SPD has a more sophisticated system than the airline and there should be a record or accounting of, if and when someone inquired on GZ’s history with law enforcement.
Either way, if someone inquired on GZ’s history with law enforcement and lied, or if no one inquired is a real problem for SPD.
You said,
Not really. The lawsuit would be for wrongful death.
GZ killed TM. The police may not have done the most thorough job investigating the case, but they did not kill TM or contribute in any way to his death.
“Attorney Norman Yatooma spent six years of his life and a lot of his own money attempting to prove that former Detroit Mayor Kwame Kilpatrick and other city leaders conspired to block an investigation into the shooting death of stripper Tamara “Strawberry” Greene.”
http://www.mlive.com/news/detroit/index.ssf/2011/11/yatooma_outraged_kilpatrick_el.html
City leaders also included the CoP, who resigned one day after the Mayor did. A Federal Judge dismissed the case, due to lack of evidence. The problem as I see it, is the very lack of evidence that initiates the lawsuit is the same lack of evidence which results in a dismissal. Overly simplistic, perhaps, but still… A catch-22, if you will.
Nope.
A person can file a lawsuit against anyone for any reason.
Whether the plaintiff’s lawsuit will survive a motion to dismiss depends on whether the plaintiff has alleged sufficient facts or evidence which, if assumed to be true, would entitle the plaintiff to a judgment in his favor. The court will dismiss the case, if the answer is “no.”
If the answer is “Yes,” the court will deny the motion to dismiss and set the case for trial.
Furthermore, if the SPD lied or did not inquire using their system to check his background, the question is why.
With sincere consideration for those who experience these sneaky molestations, I am wondering if at any time, did W#9 say “NO”!
At 6 I’m sure she had no idea how to verbal ‘NO” was to be used, especially as the family who knew did or said nothing. Maybe it was only upon reaching an age of having a boyfriend, that she began to evaluate that what had been happening to her was with a “cousin” and that is what became a most painful and disgusting part
to her. I don’t pick up that she felt so violated as much as (some others suggest) she felt GZ was dangerous and did not want him to hurt anyone else. In this fact I find her reason to come forward sincere.
Maybe Mark O’Mara released her claim because he felt that a claim that can not be proven would direct itself negatively toward the states list of “can’t be proven” evidence, as defense draws a picture of a fine man who only wants to do good with his life by helping people. Is there a separation of people who GZ would help? Trayvon cannot verbalize anything about the crime but if GZ uttered “you are going to die” it seems he is oriented to helping certain people, hindering others.
To answer your question, I think it is both. When he waa first getting himself familiarized with the case, he was careful not to make claims until he was in possession of the State’s evidence. Then he started feeling himself especially, as evidenced by the bond hearings and making claims that the State’s case was not strong (yeah okay). Now, after a few things have transpired some of his own doing, the wind has been knocked out of his sail quite a bit. I don’t know how strong his convictions are with respect to his client’s claim, despite what he is telling us,
Sorry excuse my typo, waa should be was.
follow
Professor Leatherman, supporters of Mr. Zimmerman continue to say that all evidence points to self-defense and no evidence has been presented to counter those claims. Also, a regular poster on the GZLC site stated that the state must charge Mr. Zimmerman with criminal detainment, which they haven’t, so there is no case. I am confused about the specifics of the law in this case. I know he is a proven fabricator, but how does this really work? Perhaps you can address this in another thread if this is not the place for my questions.
“Also, a regular poster on the GZLC site stated that the state must charge Mr. Zimmerman with criminal detainment, which they haven’t, so there is no case. ”
Think about.
Does that make sense?
No.
You wrote:
Also, a regular poster on the GZLC site stated that the state must charge Mr. Zimmerman with criminal detainment, which they haven’t, so there is no case.
That statement is absurd and, of course, false. I don’t know where the person got that idea, but it’s nonsense.
Also, I do not see any credible evidence supporting GZ’s claim of self-defense.
Professor,
You have concisely articulated the significance of the issue.
This is not about charging George with an additional crime,
it is about the message embedded in his cousin’s statements:
“She wanted the police to know that he is a frightening and intimidating person who lies and uses charm to manipulate and control others.”
This is the message that resonates with people and O’Mara is hopelessly tone deaf.
“In my title to this article, I asked if O’Mara was clueless as well as ineffective.”
Yes.
Yep.
I think he’s in so far over his head that he needs to get out for his client’s sake and his own sake.
To import a statement from a little over 100 years ago.”Toto, we’re not in Kansas anymore.”
Just a sidebar to an earlier discussion: if GZ could get his hads on the donations, would he flee? Where?
Thanks to Adjamazin’s research, we discover George Zimmerman”s father is half-Cuban (from his mother).
George himself is half-Peruvian on his mother’s side.
Castro would probably welcome him if he trucked in $100,000 or so.
Google Shining Path (Sendero Luminoso).
Neither ‘Gladys’ or ‘George Meza’, her brother, are Peruvian.
Gladys held US citizenship and was ‘teaching’ in Peru.
I doubt ‘George Meza’ emigrated from Peru to volunteer to serve in Viet Nam.
This smacks of covert ops.
Another truth bending statement from Zimmerman. Sorry, I can’t cite the exact source, it may have been from the Hannity interview.
George describes himself as, “ESL – English as a Second Language”.
This may be true of his mother but George was born in Virginia in a household where at least one parent used English as a primary language.
This article http://www.reuters.com/article/2012/04/25/us-usa-florida-shooting-zimmerman-idUSBRE83O18H20120425 describes his early years:
“George grew up bilingual, and by age 10 he was often called to the Haydon Elementary School principal’s office to act as a translator between administrators and immigrant parents.”
So, rather than celebrate being bilingual, George once more plays the victim card by implying a limited knowledge of English.
I believe GZ was insisting to anyone who would listen that he was Hispanic American, not White, because he thought that would negate the argument that he followed and confronted TM because TM was Black.
His concern reminds me of the Shakespearean line, “Methinks the lady doth protest too much.”
IIRC, it’s Hamlet talking about his mother’s protestations of innocence regarding her possible involvement in his father’s murder by his uncle.
Anyway, I never understood why he thought a Hispanic American would be less likely to be racially prejudiced against Blacks than a White person.
That he made such an issue out of that only seemed to me that he was covering up being racially prejudiced against Blacks.
Because GZ said to Sanford PD investigators he “aimed” and fired, this precise aim put the end of the gun barral up against TM’s shirts, shirts that were pulled away from TM’s body 2 – 4″ (per forensic report) and down from their normal position on TM’s chest.
Established by the holes in the shirts and the torso.
Having the ability to aim and doing so SUCCESSFULLY, proves that TM was not interfering with GZ’s arm, hand or gun. TM was not punching GZ, TM was not banging GZ’s head into concrete, lawn or anything else.
If Trayvon were doing ANY of those things, GZ could not have aimed. Certainly Trayvon was motivated. He was screaming for his life.
Likely TM was over GZ at one point in the melee, I believe GZ’s upper body strength enable him to roll both of them over at the final turn.
Remember RZ and RZ Jr’s. report that Trayvon had GZ’s arms pinned at his side – by sitting on them?
(So how could GZ then have drawn his gun?)
I think George told his father and brother that – when they asked “why didn’t you defend yourself?”
Because George remembered the final position that HE took. It’s a good excuse to give Dad and Bro – the only one he could think of.
I belive that final position was GZ himself sitting on TM, pinning Trayvon’s arms under GZ’s legs, so TM could in no way defend himself. GZ had a fist-fulll of TM’s shirts, in his dominant hand (left) so TM was effectively “harnessed” by the man sitting on him. TM could not even bob his torso.
There was just malevolent, seething Zimmerman above, as Trayvon, fully imprisoned by 200 lbs sitting on him, imprisoning his arms, as TM. screamed in terror. He was physically trapped under GZ and could not escape.
GZ – on top, free as a bird – no waving arms or legs or body to stop him, cooly drew his Kel-Tek, right-handedly from his holster inside his right waistband, and avoiding shooting his own left hand grasping the shirts, drilled Trayvon right through the heart at a right angle to Trayvon’s torso.
The easiest possible shot. No skill required. “Aim”, place and fire.
I am moved to this conclusion by witnesses who looked out immediately after the shot and saw “the stocky guy” over the dead body. One saw GZ putting his foot on the body (turning it over?)
GZ claimed he spread TM’s arms in a Y. Nobody found TM’s arms in a Y.
GZ got off the dead TM and quickly flipped over the lighter kid, frisking him for weapons he hoped he would find.
That’s how TM’s arms, that had been pinned to TM’s side by GZ’s legs, were found neatly under him. For George, it was like turning over a rolled-up rug.
Even “John” who initially claimed he saw TM on the guy in the red jacket, whaling away at him MMA-style, later went to police to say it was too dark and he had no idea who was on top when he went out and yelled at them.
Then he went inside and upstaiirs before the shot.
Plenty of time for GZ to roll TM over and under him.
There is NO way GZ could have fired into TM if TM was above him, to accomplish the trajectory that the coroner verified.
GZ literally had to have a “free hand” to shoot. Unimpeded. Right on the mark.
Of course, in that position, GZ didn’t have to shoot at all. His bulk effectively pinned TM to the ground and GZ’s grasps of the shirt meant TM coudn’t wiggle away.
But the dinky litle “wounds” that George”suffered” and the fact that Trayvon would not accede to Captain George’s “authority” fueled the rage that drew George’s gun from holster, placed it on the shirt (considering the darkness, that would be the only way to guaantee success in locating a fatal shot) and fired the hollow-point that destroyed Trayvon’s heart and lungs.
Many many lies, especially ones made up for an alibi, will focus on factual segments that DID happen, then twist them to serve the liar. it”s called “spin” for a reason.
George could hardly admit he had Trayvon effectively immobilized and then shot him, because shooting his prisoner would be Murder 2.
So he used his memory of that position, in retelling the incident to his father and brother, claiming Trayvon did it, thus George, no hero, could not fight back.
But it was the reverse – George, in the final roll, on top. Read the reports of witnesses describing George getting up, George over the dead teen. George cool as a cucumber – “like taking out the laundry” as one reported.
The key to Trayvon Martin’s final moment is the trajectory of the single hollow-point bullet, and that Trayvon coud not prevent it from being fired.
His arms were pinned by Zimmerman’s weight. GZ had free access to his holster. Trayvon could lean as far away as possible from Zimerman, pressing himsef into the earth, thus the 2″ to 4″ gap between shirt and torso when the shot was fired. And he could scream, in terror.
Until the shot was fired. Then there was silence.
Are fibers from TM’s hoodie on the crotch and upper inside legs of GZ’s pants? Is GZ’s DNA on the front of the hoodie where GZ grasped it?
It’s time for the prosecution to check this out. They have the clothing.
If the trajectory of the bullet is important, and the immediate witnesses of George rising are equally important, tell me why Trayvon did not die this way.
20 seconds before Officer Timothy Smith arrived.
I generally agree, but I’m not sure TM was lying on his back when shot.
Zimmerman was seen by several witnesses face down, with Zimmerman atop him.
I suspect Zimmerman was standing when he shot Trayvon.
GZ likes to feel that he is in control—he likes ultimate control. The slightest threat to his sense of control is taken as a personal affront because he feels his self-worth is being diminished. This is more than likely the reason why he picked up that woman and threw her and beat his girlfriend.
Hello Professor,
Thank you for your blog. It’s my first time posting after reading for days.
A bit off topic but related to the ambiance of the case:
An interesting case in Florida about the danger of black males anyway that has not emerged:
http://www.bradenton.com/2012/07/22/4123199/miami-mans-tale-of-attack-unravels.html
“MIAMI — A 22-year-old man who was found bloodied and disoriented [on july 6] in a downtown parking garage told police he was attacked [ by 4 or 5 black males ] and was hospitalized for days while the cops looked for potential assailants.
A video finally showed that:” It turns out Rene Betancourt was beat up, but not by thugs — by a garage”
The two best parts:
1) his parents being relieved he had not been attacked…but not sorry for the false accusation:
The mother was relieved to know her son had not been attacked.”For the way that my son looked, it seemed like an assault,” she said. The family jumped for joy when detective told them it was an accident.
2) the police not charging because of the gravity of his injuries
“Mr. Betancourt alleged that he had been robbed,” said Kenia Reyes, the department’s public information officer. “But it appears that because of the severity of his head injuries, we will not file charges.”
It turns out that whatever happens in Florida, you can always blame a black male, your family and the police won’t matter.
Finally, if you check his name on google news they show pictures of him at the hospital. He nearly died from his head hitting concrete, . When you compare to GZ pictures, it become difficult believing his life was in danger.
Unfortunately, such incidents are not confined to Florida, but can and do happen anywhere and everywhere.
Professor,
Last week we learned that the FBI investigation produced many who claim Zimmerman is not a racist.
Has the FBI released all of the information they have gathered?
Do you know if they have completed their investigation?
And if they decide to charge him with a hate crime can we expect that to come before the trial?
Would O’Mara and the prosecution have advance notice of pending charges?
And assuming O’Mara remains as Zimmerman’s attorney would he also represent him in a Federal matter or would George need to retain someone new? If O’Mara is in over his head now I would think that he would drown fighting the Federal Government on a death penalty case.
It’s my understanding that a hate crime doesn’t have to be racially motivated but can be hate directed toward a person that falls into a subset of people one finds offensive. Is that accurate? Wouldn’t his comments to 911 about goons and guys always getting away along with his numerous calls complaining of young black males in the area be more meaningful evidence than statements from friends that George is a stand up guy?
Forgive me if you’ve answered these questions in other posts. I’m new to this blog and have yet to catch up on all of the material presented by you and your very wise followers. To you all~thanks for providing a place to discuss this case thoughtfully and without rabid emotion.
“And if they decide to charge him with a hate crime can we expect that to come before the trial?”
The DOJ can initiate an action at any time. They can initiate it now, or they can wait until they see the end result of the State’s case. If the State wins its case, there is really no reasons (IMO) to pursue a federal action. On the other hand, if the State loses its case, or gets a lesser verdict than charged, the DOJ may initiate an action to compensate.
“And assuming O’Mara remains as Zimmerman’s attorney would he also represent him in a Federal matter or would George need to retain someone new?”
I believe that O’Mara’s co-counsel, West? has federal trial experience and this may be one of the reasons he was brought on to the case.
As Professor Leatherman opines, the defense has put themselves in a no win situation. Whether they are just star-struck with the media attention, fixated on the monetary donations, just plain clueless, or a combination of all, I do not see how they can present a case where GZ will walk away from this. As I see it at this point, GZ’s only hope is to have a rogue juror who has the same mind-set as his donors, i.e., Trayvon deserved what he got. That GZ has lied and manipulated what truly occurred that night is blatantly obvious and a reasonable unbiased juror will be able to see that IMO.
I have a new post up:
Zimmerman: 13 Questions Searching for an Answer