Prosecution Rests in Zimmerman Trial

by John M. Curtis
(310) 204-8700

Copyright July 6, 2013
All Rights Reserved.                                      

              Stretching evidence against 28-year-old neighborhood watch captain Geroge Zimmerman to the breaking point, the prosecution announced it would rest its case after nine up-and-down days of testimony.  Seeking a second-degree murder conviction for the Feb. 26, 2012 neighborhood watch “self-defense” death of 17-year-old Trayvon Martin, Sanford County prosecutors hoped to convince the six-member all-female-jury that Zimmerman murdered 17-year-old teenager Trayvon Martin in cold blood.  Painting Zimmerman as a wannabe cop and red-necked vigilante, prosecutors wanted the jury to believe Zimmerman hid behind self-defense in a racially-tinged murder.  When prosecutors put Sanford Police investigator Chris Serino on the witness stand Jul 2, he said Martin told the truth, undermining the state’s case.  Zimmerman’s defense team has wind at their back presenting their defense next week.

             Prosecutors gave it their best shot painting Zimmerman as a racist vigilante.  Much testimony centered on exhaustive questioning of Zimmerman’s past training as a neighborhood watch captain, having close familiarity with Florida’s self-defense laws. Implying that Zimmerman was a frustrated wannabe cop, he took the law into his own hands, provoking Martin into a violent act.  When the death occurred Feb. 26, 2012, Sanford police refused to file charges believing Zimmerman’s story of self-defense.  Only after a hue-and-cry from the public did they reconsider filing second-degree murder charges April 11, 2012  “Those of us who watch trials look for the big flashy knockout punch that resolves the case one way or another,” said Richard Gabriel, president of litigation and trial consulting for Decision Analysis.  “I’m not sure the prosecutors have done that.”

             Prosecutors not only haven’t met their burden of proof, they shot themselves in the foot putting Serino on the witness stand.  If the lead police witness believes Zimmerman’s telling the truth, what’s the jury supposed to think?  Arresting Zimmerman 45-days after the killing shows how much the police succumbed to public pressure.  If they didn’t believe in the case then, it’s difficult to imagine the state can press second- degree murder charges.  When prosecutors put Zimmerman’s former instructor of criminal litigation U.S. Army Capt. Alexis Carter on the witness stand July 3, it carried certain risks.  On the one hand, they wanted to corroborate Zimmerman’s knowledge of Florida’s “Stand-Your-Ground” law, making self-defense easy to prove.  Carter testified that Zimmerman as a “A” student, while establishing he knew more about “Stand-Your-Ground” law than Zimmerman admitted.

             Establishing that Zimmerman knew more about the “Stand-Your-Ground” law than he admitted to the police was supposed to show the defendant wasn’t telling the truth.  Jurors saw multiple photos and interviews with Zimmerman showing muliple facial injuries from a physical battle with Martin at the crime scene.  Calling Zimmerman an “A” student, Carter let the jury know that Zimmerman, if nothing else, was taken seriously by his instructors.  “That’s a significant courtroom drama moment that humanizes the defendant.  It’s not that he’s been humanized by a gang member.  He’s been humanized by an officer of the U.S. military,” said Florida criminal defense attorney William Shepherd.  Prosecutors worked hard to show that Zimmerman’s injuries weren’t consistent with a life-or-death struggle, showing he exaggerated his medical trauma to proved self-defense.

             Prosecutors need to show beyond a reasonable doubt that Zimmerman set up Martin for the kill Feb. 26. 2013.  Hearing from a lead investigator or former instructor that Zimmerman’s stand-up sort of guy doesn’t match how they’ve painted him as wannabe cop or frustrated racist vigilante.  “Do you think he [Zimmerman] was telling the truth’? asked defense attorney Mark O’Mara.  “Yes,” responded Serino, prompting objections a day later from prosecutors that no witness should interpret facts other than the jury.  While Judge Debra Wilson sustained the objection and ordered Serino’s answer stricken from the court record, the damage had been done to the prosecutors’ case.  “All sides make errors in a case.  You’re never going to have a perfectly tried case,” said Florida defense lawyer Mark Nejame, not sure how much the prosecution’s blunder hurt the state’s case.

             Focusing on Zimmerman’s past neighborhood watch training or whether he knew anything about Florida’s “Stand-Your-Own” self-defense law isn’t enough to prove Zimmerman set up Travon Martin for a vigilante killing.  Had he emerged unscathed from the tussle Feb. 26, 2012, without head wounds or a bloodied nose, prosecutors could have made a stronger case.  “I think they presented the strongest evidence available.  I think the evidence is strong enough to convict George Zimmerman,” said Daryl Parks, a lawyer working with the Martin family.  Had prosecutors sought manslaughter charges or some other lesser offense, it might have been easier to convict Zimmerman.  When you consider Sanford Police didn’t see a crime for 45 days and filed charges only after intense outside pressure, it’s no wonder its been an uphill battle.  Prosecutors can only sit back and wait for the jury’s call.

John M. Curtis writes politically neutral commentary analyzing spin in national and global news.  He's editor of OnlineColumnist.com.and author of Dodging the Bullet and Operation Charisma.