OK, so someone explain this to me: thanks to Rachel, the prosecution has established a narrative of what they believed happened. Zimmerman was the aggressor, Martin said "get off me", indicating that Zimmerman did not fear for his life and therefore is guilty of murder or at least manslaughter.
How does the defense come up with their own narrative? They will have John, who will testify that at least one point Martin was on top of Zimmerman (maybe). They have photos of injuries suffered by Zimmerman (somewhat minor.) But without Zimmerman's testimony,, they have nothing to tie this together, nothing for the jury to assume self-defense. So again, can the defense get away with not putting GZ on the stand?
You put way more weight on Didi's testimony than most people and
none of her testimony really matters. The physical evidence along with the 911 voice recording indicates Martin was on top of Zimmerman, beating him up, and Martin was screaming for help. How they got in that position really does not matter. Zimmerman was in fear for his life yelling for help. It was not Martin.
Besides, in order for a second degree conviction, the state must prove beyond a reasonable doubt the following:
- A "person of ordinary judgment" would know the act, or series of acts, "is reasonably certain to kill or do serious bodily injury to another";
- The act is "done from ill will, hatred, spite, or an evil intent"; and
- The act is "of such a nature that the act itself indicates an indifference to human life."
There is no way with the evidence the defense is presenting, a fair jury would rule that the state has met those elements. The case is deficient even without the defense doing one thing.
The bolded statements are unbelievable. Where do you get this?
Zimmerman's face was beaten in. He had injuries on the back of his head. He had grass stains on his back. Martin had a bullet hole and hurt knuckles. Zimmerman was losing the fight. Zimmerman was on the ground getting his ### kicked. Nothing else makes a bit of sense. Zimmerman may be lying about details such as a struggle over the gun. He probably just pulled it out and shot him. But I do believe Zimmerman was scared for his life, rightly or wrongly.
Just to pile on...Martin had grass stains on his knees, there was screaming that sounded like yelps (as if one person had their hands over the other person's mouth) that turned into screams for help, Zimmerman stated he was screaming for help that night before knowing of any recording, a witness confirmed the screams sounded like they were life threatening screams, the screaming when on for 40 seconds, perhaps as long as a minute, another witness will confirm Martin was on top, Zimmerman has no grass stains on his knees, but did have a wet back (no pun intended) and grass on his back (not stains due to surface area). The forensics show a contact shot with the muzzle making contact with the clothing.
Crazy cat lady had a number of evident inconsistencies in her story, her cat Leo would have made for a better witness.
DiDi was even less credible than Crazy cat lady (if that is possible), if you don't believe her general demeanor in the trial did not change the more you saw her then you'll never believe she was coached. She outright lied in court about saying "you want that too", the bald-headed-dude fought tooth and nail to make sure the jury never heard the truth straight from the tape since it points to coaching about what to say during her deposition. Even if you are to believe everything she has said, then you will believe that Martin said he was right in the back of his dad's GF's house which would indicate he went home, was talking to her out back and then walked BACK to where Zimmerman was to confront him. She did not have a valid reason not to contact anyone including authorities when this boy whom she was talking non-stop with for 7+ hours a day fell off the face of the earth. I can understand she may not be smart, but why in the world would she not bother to tell anyone? She said it was just a fight so she didn't bother to tell anyone. Even if she heard rumors the next day at school, wouldn't it click that since she was on the phone with him the
night before that she was probably the last person to talk to him and that maybe she was wrong that it was "just a fight"? You are putting an awful lot of stock in this young lady's changed testimony.
You want a preponderance of evidence that the State needs to overcome? You got it..