But there is still other evidence which establishes self-defense. The bar is not high, it just requires some evidence to establish it, and there is plenty outside of any statements Zimmerman has made.Just an fyi, the judge ruled today any exculpatory statements Zimmerman previously made cannot be introduced by Defense during the trial, only if the State mentions them (which they won't). So Z will need to take the stand to reiterate those statements and allow State to cross-examine.Just because it is an affirmative claim does not mean he has to testify to establish it. There are eye-witnesses who saw a fight. There injuries which are documented concerning Zimmerman. There will be ample evidence from the prosecution which will establish there was a fight. I really don't see why Zimmerman has to testify to establish a positive evidence that he acted in self-defense. The orginal investigation concluded it was self-defense and I am sure Zimmerman's statements are on record. If any asanine arguements need to be thrown out, it is the mind-reading crap you constantly spew based on your extreme prejudice in the case of your wishful thinking that Zimmerman gets convicted in spite of what is established by the evidence.timschochet said:I've been trying to tell you guys this for months.However, to give credit where it is due, it was Christo in this thread who wrote this before anyone else. Even several people in the media got this wrong; Christo was right all along. Self-defense is an affirmative claim. If Zimmerman's argument was that he never fired the gun, he would not be forced to testify. But since he admits to killing Martin, he must testify in order to offer a defense.Jojo the circus boy said:unless State really screws the pooch, Z will have to testify
http://frederickleatherman.com/2012/08/18/will-george-zimmerman-testify/Pursuant to this rule they can introduce into evidence any statement by Zimmerman that they choose, including his custodial statements to the police, assuming they satisfy the Miranda rule, which they apparently do.
Notice that they are not required to introduce any of his statements and the defense has no say in which statements they introduce and which statements they leave out.
This means that all of the exculpatory statements he made to support his claim of self-defense are inadmissible hearsay, unless the prosecution decides to offer one or more of them as an admission by a party opponent.
Needless to say, the prosecution is not going to do him any favors and introduce any of his exculpatory statements and, since the defense cannot introduce them, the judge will not be able to consider them during the [trial] and the jury will never get to hear them.
But that’s not fair, you say.
That complaint happens in every courtroom across America every day, but it’s the law.
This is why, as a practical matter, George Zimmerman must take the stand and testify.
So once again, put aside all of the prosecution arguments. Put aside the defense arguments. Throw out my discussion of racism. Throw out everything that JoJo and Jon and Carolina have written about reasonable doubt. Throw out EVERYTHING. This case will be decided on whether or not Zimmerman survives his cross-examination. That's the determining factor.