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[[Category:2013 in United States case law]]
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Revision as of 23:06, 18 May 2013

State of Florida vs. George Zimmerman is a court case involving the second degree murder charges against George Zimmerman, resulting from the Shooting of Trayvon Martin.

On April 11, 2012, George Zimmerman was charged with second-degree murder in the shooting death of Trayvon Martin. In support of the charges, the State filed an affidavit of probable cause, stating that Zimmerman profiled and confronted Martin and shot him to death while Martin was committing no crimes.[1] Florida State Attorney Angela Corey announced the charges against Zimmerman during a live press conference and reported that Zimmerman was in custody after turning himself in to law enforcement.[2][3] In Florida, a conviction for second degree murder carries a maximum sentence of life imprisonment. If a firearm was used then the mandatory minimum is 25 years in state prison.[2]


State of Florida vs. George Zimmerman
SA No. 1712F04573
CourtEighteenth Judicial Circuit In and For Seminole County, Florida

Trial

Pre-trial

A hearing was held, in which Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause. Court documents, including witness statements and other information, were sealed.[4][5] Zimmerman's arraignment was scheduled for May 29.[6] Judge Jessica Recksiedler recused herself as the primary trial judge, due to a potential conflict of interest and Judge Kenneth Lester, Jr., was appointed by the chief judge to take over the Zimmerman case.[7][8][9]

Initially, Zimmerman was released on a $150,000 bond and was fitted with an electronic monitoring device that revealed his whereabouts in real-time.[10][11] At the hearing, Zimmerman took the witness stand and told the parents of Martin he was "sorry for the loss of your son".[12][13] Zimmerman's attorney, waived Zimmerman's right to appear at an arraignment and entered a not guilty plea on his behalf.[10] The defense team announced that it would seek a "stand your ground" hearing because case evidence shows "clear support for a strong claim of self-defense."[14][15][16]

Judge Lester ordered that the defense have access to Trayvon Martin's personal records including records from middle and high school, his cell phone, and access to posts he made on Facebook and Twitter as well as tweets from a girl Martin was on the phone with the night he was killed.[17][18] On October 19, Judge Nelson granted the request for the defense to have access to Martin's school records and social media posts, In her ruling, the judge stated that Zimmerman's attorneys need to know whether Martin's school records and social media postings reveal any evidence that he had violent tendencies.[19][20] Martin's parents and their attorneys said the defense's request for school records and social media was a "fishing expedition" aimed at attacking their son and an attempt to assassinate his character.[21] Judge Nelson also ruled that Zimmerman's medical records should be provided to prosecutors. Nelson will review the medical records and decide whether anything should be withheld.[21]

The defense also requested from ABC News and reporter Matt Gutman all their recordings, notes and correspondence related to Witness Number 8, Trayvon Martin's girlfriend. She says she was on the phone with Martin just before he was shot. O'Mara's motion stated the call lasted more than 26 minutes and the recording they received from the authorities was only 12 minutes, 44 seconds long.[22][23]

Zimmerman's bond revocation

In June, of 2012, Judge Lester granted a motion to revoke Zimmerman's bond. The prosecution alleged that Zimmerman and his wife had misled the court by failing to reveal a large amount of money they had received through donations[24] and that they had used a "rudimentary 'code' to discuss the money in recorded jailhouse phone calls—referring to $100,000, for example, as '$100.'"[24][25][26][27][28][29][30][31]

On July 5, 2012, Judge Lester set Zimmerman's bond at $1 million with several conditions - that he be electronically monitored, reside in Seminole County, have no bank accounts or passport and observe a 6 p.m. to 6 a.m. curfew. Lester said he granted bond "because Zimmerman posed no threat to the community."[32] Zimmerman was released on July 6.[33]

Discovery evidence

In May 2012, the defense received the first round of discovery evidence; 67 compact discs, a list of witnesses that included 50 possible law enforcement officers, 28 officers from the Sanford Police Department, 28 civilian witnesses, members of Martin's family, two of Zimmerman's friends and his father, Robert Zimmerman. Also listed as potential prosecution witnesses were technicians in biological and DNA evidence, trace evidence, gunshot residue, fingerprints and firearms, two FBI agents, and two audio technicians who analyzed the emergency calls made during the confrontation to determine who was heard screaming in the background.[34][35][36][37][Note 1] Additional evidence released were audio and video recordings, photos, witness statements, forensic findings, Martin's autopsy report, evidence taken from Zimmerman after the shooting; his weapon, bullets, clothes, a DNA sample, medical records and his cell phone data.[34][35]

In June, 2012, the prosecution released recordings of two 911 calls placed by Martin's father the morning after the shooting. In the calls, Mr. Martin expressed worry that his son had not returned home, and inquired about filing a missing person report.[39] Additional discovery released was a report containing the results of Zimmerman's voice stress test,[40] and Zimmerman's account of the events and written statements.[41] The defense also released audio and video recordings of Zimmerman's police interviews and re-enactment following the shooting.[42]

In July, 2012, evidence released was; FBI interviews with people involved in the case, including Sanford police officers, family, friends and associates of Zimmerman. Also released were photos of Martin's bloodied sweatshirt and hoodie with a single bullet hole and several phone calls made by Zimmerman to Sanford police to report suspicious activity in the six months leading up to his encounter with Martin.[43]

In August, 2012, the State's 6th Supplemental Discovery, included 76 pages containing the audio statement from witness 31, three photos taken by witness 13 at the scene showing the back of Zimmerman's head, a flashlight on the ground, the FDLE report with analyst's notes, emails from the Sanford Police Department, copies of Tracy Martin's 911 call reporting his son missing and Zimmerman's Seminole County Sheriff's Office Academy application.[44]

In September, 2012, the DNA report on the gun used in the shooting was released with only Zimmerman's DNA being found on the gun, no trace of Martin's.[45][46][Note 2]

On December 3, 2012, defense attorney Mark O'Mara stated that he was "frustrated" that in the original discovery, a grainy black and white photo of Zimmerman had been substituted for the original color photo of Zimmerman's bloody nose. Criminal attorney David Wohl said the submission of the copy "borders on prosecutorial misconduct".[47]

Removal of Judge Lester

In July, 2012, Zimmerman's lawyer filed a motion to disqualify Judge Kenneth R. Lester. O'Mara said Judge Lester had made disparaging and gratuitous remarks about his client in a July, 2012 bond order. The defense said the judge's statement that he believed Zimmerman had misled the court at his first hearing "indicates bias against the party", and would impact Zimmerman's ability to get a fair trial.[48][49] The state criticized the motion for citing "facts that are inaccurate, misleading and/or incomplete".[50]

On August 1, Judge Lester ruled that he would not recuse himself, stating that the defendant's motion was denied for being legally insufficient.[51] Zimmerman's attorney filed an appeal in August, 2012, with a Florida appeals court to reconsider a ruling by Judge Lester refusing to step down from the case.[52] On August 29, 2012, the Fifth District Court of Appeals granted the petition for a new judge for Zimmerman. This was the second judge to be removed from Zimmerman's case. Judge Jessica Recksiedler removed herself from the case in April because of a conflict of interest.[53] On August 30, 2012, Circuit Judge Debra S. Nelson, who has been on the bench for 13 years, was assigned the Zimmerman case.

Jury

Jury selection is scheduled for June 10, 2013, with 500 potential jurors being summoned.[54][55] The defense have asked for an Anonymous jury, where the identity of the jury would be revealed to the prosecution and defense, but not released to the public or media. [56] In the motion, the defense said that "[jurors] may be subject to rebuke and possible retribution, should the verdict not comport with certain factions' desires in this matter"[57]

Notes

  1. ^ Audio technicians Tom Owen and Edward Primeau concluded that the screams were not Zimmerman's.[34] James Ryan and Alan Reich, independent experts retained by The Washington Post, varied in their interpretations of the audio on the phone recordings.[38]
  2. ^ See Florida Department of Law Enforcement, Laboratory Report, March 26, 2012.


References

  1. ^ Colby, Edward; Hamacher, Brian; Emmanuel, Lisa (April 12, 2012). "George Zimmerman Charged With Second-Degree Murder". NBC Miami (online). Retrieved June 8, 2012.
  2. ^ a b "Zimmerman charged with second-degree murder". CNN. April 11, 2012. Retrieved April 11, 2012.
  3. ^ "Seminole County Criminal Information – Issue Capias" (PDF). Angela B. Corey, State Attorney. Retrieved April 11, 2012.
  4. ^ Stutzman, Rene; Hernandez, Arelis R. (April 12, 2012). "George Zimmerman charged". Orlando Sentinel. Retrieved June 14, 2012.
  5. ^ Alcindor, Yamiche (April 12, 2012). "Zimmerman held pending arraignment in Trayvon shooting". USA Today. Retrieved June 9, 2012.
  6. ^ "Trayvon's mom clarifies 'accident' statement, calling Zimmerman a murderer". Orlando Sentinel. April 12, 2012. Retrieved April 12, 2012.
  7. ^ "Judge Disqualifies Herself From George Zimmerman Case". CNN. April 19, 2012. Retrieved April 18, 2012.
  8. ^ "Fair Trial For Zimmerman Unlikely On Home Turf say Legal Experts". Fox News. April 16, 2012. Retrieved April 16, 2012.
  9. ^ "Zimmerman Wants New Judge in Trayvon Martin Shooting Case; Cites Possible Conflict of Interest". Star Tribune. Retrieved April 16, 2012.[dead link]
  10. ^ a b "Florida city doesn't accept resignation of police chief in Trayvon Martin case". CNN. April 24, 2012. Retrieved April 23, 2012.
  11. ^ "George Zimmerman's bail set at $150,000". CBS News. Retrieved April 20, 2012.
  12. ^ "Zimmerman apologizes as judge sets $150,000 bond". CNN. July 29, 1998. Retrieved May 9, 2012.
  13. ^ "Zimmerman apologizes for shooting; gets $150K bail". Yahoo! News. Associated Press. Retrieved May 9, 2012.
  14. ^ Stutzman and Hernández, Rene and Arelis R. (9 August 2012). "George Zimmerman defense team will seek 'Stand-your-ground law' hearing". Orlando Sentinel. Retrieved 9 August 2012.
  15. ^ Schneider, Mike (October 29, 2012). "Fla. judge denies gag order in Trayvon Martin case". Associated Press.
  16. ^ Crimesider Staff (October 30, 2012). "Trayvon Martin Case: Judge denies state motion for gag order on George Zimmerman's attorney". CBS News.
  17. ^ "Zimmerman's lawyer wants Trayvon Martin's tweets". Central Florida News 13. Retrieved 8 October 2012.
  18. ^ "State's Response to Defendant's Notice of Production" (PDF). Eighteenth Judicial Circuit Courts. Retrieved 18 October 2012.
  19. ^ "George Zimmerman's attorneys can examine Trayvon Martin's school, social media records". Retrieved 19 October 2012.
  20. ^ Evans and Kavanagh, Amanda and Margaret. "Zimmerman judge allows access to Trayvon Martin's records". Central Florida News 13. Retrieved 19 October 2012.
  21. ^ a b Alcindor, Yamiche. "Trayvon Martin's postings, school records spark court debate". Detroit Free Press. Retrieved 20 October 2012.
  22. ^ Stutzman, Rene (18 Jan 2013). "Zimmerman attorneys: We want ABC News notes, audio". Orlando Sentinel. Retrieved 2013-01-19.
  23. ^ "George Zimmerman: Lawyer asks for evidence from ABC". CFN13. Retrieved 19 January 2013.
  24. ^ a b Cite error: The named reference zimmerman loses bond was invoked but never defined (see the help page).
  25. ^ George Zimmerman wife arrested: George Zimmerman's wife arrested, charged with perjury - Orlando Sentinel
  26. ^ Judge revokes bail for George Zimmerman in Trayvon Martin case - U.S. News
  27. ^ "Bond revoked, Zimmerman returns to Fla. jail". Maine Sunday Telegram. Associated Press. June 3, 2012.
  28. ^ Jennifer Kay, "Zimmerman in jail after bond revoked", Yahoo! News, Associated Press, June 4, 2012.
  29. ^ "Zimmerman Does not Properly Respect the Law says Judge". West Orlando News Online. June 12, 2012. Retrieved June 12, 2012.
  30. ^ Stutzman, Rene; Weiner, Jeff (June 18, 2012). "George Zimmerman jail calls: Soon, you can listen to what he told his wife". Orlando Sentinel. Retrieved June 18, 2012.
  31. ^ Hightower, Kyle (2012-06-29). "Judge Weighing Whether to Set A Bond for George Zimmerman". TheLedger.com. Retrieved 2012-07-04.
  32. ^ Mike Schneider, "George Zimmerman Bail: Judge Sets Trayvon Martin Shooter's Bond At $1 Million", Associated Press, 5 Jul 2012.
  33. ^ "Zimmerman released from jail". CNN. July 6, 2012. Retrieved 6 July 2012.
  34. ^ a b c "Zimmerman prosecutor's release evidence list". CNN. December 15, 2011. Retrieved June 12, 2012.
  35. ^ a b "Defense has discovery in neighborhood watch case". Fox News. Associated Press. May 14, 2012.
  36. ^ Arian Campo-Flores, Cameron McWhirter (May 18, 2012). "Evidence Released in Florida Killing". The Wall Street Journal.
  37. ^ "Ballistics, prints point to White House shooting suspect, prosecutors say". CNN. December 15, 2011.
  38. ^ Cite error: The named reference washingtonpost.com was invoked but never defined (see the help page).
  39. ^ ".Police release calls from Trayvon Martin's father". WESH TV Orlando. Retrieved 21 June 2012.
  40. ^ "George Zimmerman Passed Police Lie Detector Test Day After Trayvon Martin Killing". The Smoking Gun. Retrieved 26 June 2012.
  41. ^ "New George Zimmerman evidence released Tuesday". WKMG TV Channel 6. Retrieved 26 June 2012.
  42. ^ Cite error: The named reference new evidence CNN was invoked but never defined (see the help page).
  43. ^ "More evidence released in case against George Zimmerman". WESH Channel 2 Orlando. Retrieved 12 July 2012.
  44. ^ "Pictures, audio released in case against George Zimmerman". WKMG Channel 6 Orlando. Retrieved 9 August 2012.
  45. ^ Crimesider Staff (19 Sep 2012). "Trayvon Martin's DNA not found on George Zimmerman's gun, forensic tests say". Crimesider. CBS News. Retrieved 2012-09-20.
  46. ^ Muskal, Michael (September 18, 2012). "George Zimmerman, Trayvon Martin: Results of DNA tests released". Los Angeles Times. Retrieved 19 September 2012.
  47. ^ "Lawyer for George Zimmerman 'frustrated' at prosecutors' withholding of graphic photo".
  48. ^ "George Zimmerman seeks new judge in murder case". WKMG Channel 6 Orlando. Retrieved 13 July 2012.
  49. ^ "Zimmerman Attorney Makes Motion To Disqualify Judge". Think Progress. Retrieved 13 July 2012.
  50. ^ Seiger, Theresa. "State attorney says Zimmerman using court filings to sway media". WBTV. Retrieved 20 July 2012.
  51. ^ "Judge to stay on in George Zimmerman case". WKMG TV Channel 6 Orlando. Retrieved 1 August 2012.
  52. ^ Liston, Barbara. "Trayvon Martin killer makes another appeal for a new judge". Reuters. Retrieved 14 August 2012.
  53. ^ "Appeals court grants George Zimmerman new judge". WFTV Channel 9 Orlando. Retrieved 29 August 2012.
  54. ^ Cite error: The named reference 500 jurors was invoked but never defined (see the help page).
  55. ^ Huffington Post. http://www.huffingtonpost.com/2012/10/17/george-zimmerman-trial-date-set-june-10-2013_n_1973469.html%7Caccessdate=December 7, 2012
  56. ^ http://www.cfnews13.com/content/news/cfnews13/news/article.html/content/news/articles/cfn/2013/5/10/george_zimmerman_def.html
  57. ^ http://www.gzdocs.com/documents/0513/mot_for_anonymous_jury.pdf