The Murder of Trayvon Martin

[Kevin]

Originally Posted by Phrozen Sands

Martin wasn't "Standing his ground"? Zimmerman was the aggressor, not Martin.

None of the state's evidence showed that Zimmerman was ever the aggressor except perhaps the claims of Zimmerman's parents that the voice yelling for help was Martin's. Zimmerman's family testified as well, so at best, you have a wash on that point. If, as Zimmerman told the police, Martin attacked Zimmerman while Zimmerman was following Martin with 911 on the phone, then no, that's not standing your ground, that's assault and battery.

That's why I've continued to press the point that this is perhaps not the ideal set of facts to be outraged over because you really don't know who did what and how responsible for his own death Martin was.

Would it be illegal if it was an act?

Illegal? Probably not. Could it lead to a possible retrial? Yeah, possibly under the right circumstances. From what little we know from B37, the jurors worked very hard on their verdict and based on the evidence I saw and heard, there was reasonable doubt. I haven't heard or read anything to cause me to doubt that. Because you are unhappy with the verdict isn't rational cause for you to think the jury was fixed from the beginning.

If all the evidence is pointing to the defense, aren't, most murder cases based on an act to convince the jury to give their clients a lesser sentence or to get them off the hook?

I'm not sure what you mean there. Are you saying that all of the evidence was pointing toward guilt? For whatever reason (luck?) 90% of the cases I work on involve a client who has confessed to everything before he bothered to call me (a few have even confessed on the 10 o'clock news before calling me). Those get plead out.

About 1% of cases go to trial, and yes, as Phil said, trials are a lot about acting. In fact, I've taken acting classes for CLE credit to help me better relate to juries. You have a job as an attorney--use the evidence and witnesses, and if you've got it, your personality, to persuade. That's what we do in trials.