The Murder of Trayvon Martin

[KDCat]

Originally Posted by Kevin

If the state's case is a swearing contest, essentially a tie, ties should go to the defendant. Juries can do anything, but absent something else in this case, there's a reason that just about no prosecutor in the state of Florida wanted anything to do with this case.

Without the Defendant testifying, it won't be about whether the jury believes Zimmerman, but whether the state can prove beyond a reasonable doubt that Zimmerman did not use self defense and murdered Mr. Martin. As I've said over and over, that's a tough burden to overcome when all of the evidence is conjecture.

Ties should go to the defendant, but they often don't. You know that. Actually that's a good reason to keep Zimmerman's record out and keep him off the stand. If he's scummy or a lousy witness, he won't help his case. That's a huge reason that defendants don't testify. They're usually guilty of something, just maybe not what is in front of the jury.

When the lead investigator has once gone on the record saying there was no evidence as to who started the struggle, it's not going to be the defense which is going to strain credulity.

Actually, there is evidence as to who started it. Martin's girlfriend was on the phone. She heard the scuffle start. Her version of what she heard does NOT match with Zimmerman's version. Martin told her that he was running away and then she heard a scuffle start. That is completely contradictory to what Zimmerman testified. Taken with Zimmerman's comment: "These assholes. They always get away." and you've got a decent case for Zimmerman starting the confrontation.

I believe the evidence will show that Zimmerman started the confrontation but then was losing. When he started losing, he shot Martin. I don't think that Martin is both bashing Zimmerman's head into the ground and reaching for the gun at the same time. Despite your belief, that just isn't credible.

A good skill to learn as a prosecutor is to be able to see the holes in your own case. This case has some big 'ol holes. Zimmerman may actually be guilty, only one person on Earth really knows. The state actually has to prove it before they can lock him up and throw away the key.

Thank you for teaching me to suck eggs, son. I'm aware about seeing both sides. My point about prosecution bias was intended to be a gentle way of suggesting that we BOTH may be biased. You're showing quite a bit of defense bias and not seeing both sides. Clearly, I need to be more direct.