Tuesday, March 5, 2013
Before the beginning of today’s hearing in the Zimmerman case, the prosecution informed the defense that Dee Dee (the name given to Trayvon Martin’s girlfriend to protect her anonymity) did not go to a hospital instead of attending Trayvon’s funeral.
Judge Nelson dismissed the defense motion for Dee Dee’s medical records as moot.
The defense now claims that Dee Dee lied.
As the following partial transcript of her interview under oath by prosecutor Bernie de la Rionda conclusively demonstrates, she not lie or commit perjury.
BDLR:_ OK._ I’m not saying that they did._ I’m just making sure the records’ clear on that….Um…you obviously found out about what happened to Trayvon, right?_ And at some point you ended up knowing that he was killed, right?
Dee Dee:_ Yeah.
BDLR:_ Were you able to go to the funeral or to the wake?
Dee Dee:__I was goin’ to go, but…
BDLR:_ OK, what happened?
Dee Dee:__I didn’ feel good.
BDLR:_ OK, did you end up going to the hospital or somewhere?
Dee Dee:_ Mmmm…Yeah, I had high blood pressure.”
The question is unclear because he asked if she went to a hospital or somewhere.
Therefore, her answer was not a lie and if it was not a lie, it certainly was not perjury.
Nevertheless, let us assume for the sake of argument that she did lie.
As I said in response to a comment by Unabogie,
I think you are being way too literal.
Lying is lying, by definition, but there is an unlimited number of reasons why people lie.
Intentionally lying to conceal the existence of more than a $100,000 in cash from the court during a bail hearing is, by any standard one might choose to apply, a far more serious matter than lying because you did not want to admit that you were too upset to attend a funeral.
I do not believe the prosecution is the least bit worried about this turn of events.
Proof of perjury requires proving beyond a reasonable doubt that the defendant unambiguously lied under oath about a material matter.
BDLR’s question was ambiguous and DD’s response was not about a material matter, as is the case regarding Shellie Zimmerman’s denial under oath during a bail hearing that she did not know about the money she had transferred into her account.
Therefore, even if we assume for the sake of argument that Dee Dee lied, she did not commit and will not be charged with perjury.
Anyone who says she lied and committed perjury is mistaken and anyone who claims that Dee Dee is as guilty of perjury as Shellie Zimmerman is wrong and guilty of asserting false equivalencies.
As I said in an earlier comment this morning before I saw the transcript, I do not believe this development today changes anything.
I predict DD will be one of the last witnesses called by the State after all of the evidence about the shooting and the events that led up to it have been admitted into evidence.
She will simply be confirming what the evidence has already proven. BDLR will ask her about the false statement and she will probably break down and cry as she admits that she lied about that because she was too embarrassed to admit that she was too upset to attend the funeral.
I think the jury and everyone in the courtroom, except the defendant, will understand that and forgive her for lying.
I believe Sybrina will be the last witness because she is Trayvon’s mom and the emotional impact of her testimony will be extremely powerful.
After all is said and done, I do not think anyone will remember, much less care, that DD lied. It’s just not very important.
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