Watch Zimmerman bail hearing live stream and comment

November 19, 2013

Tuesday, November 19, 2013

Good afternoon:

Watch the Zimmerman bail hearing live via live stream and comment below.

The hearing is scheduled to begin at 1:30 pm EST.

For those who missed the hearing, you can watch it here on youtube.

Zimmerman Frye Hearing Resumed: Rebuttal

June 20, 2013

Thursday, June 20, 2013

Good afternoon:

We have a jury, an all female jury.


The four alternates:


Two males and two females.

Here’s a link to fauxmccoy’s chart.

Next up is the prosecution’s rebuttal case in the Frye hearing.

They will be presenting one witness, Tom Owen.

Here’s the link to the livestream coverage.

Zimmerman: Did defendant have a valid license to carry

May 14, 2013

Good afternoon:

I am featuring two excellent comments today by Towerflower regarding the validity of the defendant’s CCW license. I thought it wasn’t, but Toweflower has presented a strong argument that it was valid.

Towerflower ought to know since he or she is licensed to teach the course on firearm safety.

I am working on a post about the State’s motions in limine and should have it up in a couple of hours.


Comment 1

Jun, I have read it and gone through the process. His charges were downgraded to resisting arrest without violence. It is a misdemeanor, only a charge of violence would have prevented him. It was dismissed after his diversion program and it would have not prevented him. Only a felony conviction would have. 4 years passed from the time of the arrest to his CCW.

His restraining order did have a expiration date, 1 year, and it was never renewed by either party. This was also in 2005 and 4 yrs passed.

This is the “short” printed list from the State of Florida for disqualifiers:
*The physical inability to handle a firearm safely.
*A FELONY conviction (unless civil and firearm rights have been restored by the convicting authority).
*Having adjudication withheld or sentence suspended on a felony or misdemeanor crime of violence unless 3 years have elapsed since probation or other conditions set by the court have been fulfilled.
*A conviction for a violent crime in the last 3 years, either misdemeanor or felony.
*A conviction for violation of controlled substance laws or multiple arrests for such offenses.
*A record of drug or alcohol abuse.
*2 or more DUI convictions within the previous 3 yrs.
*Being committed to a mental institution or adjudged incompetent or mentally defective.
*Failing to provide proof of proficiency with a firearm.
*Having been issued a domestic violence injunction or an injunction against repeat violence that is CURRENTLY IN FORCE.
*Renunciation of US citizenship.
*A dishonorable discharge from the armed forces.
*Being a fugitive from justice.

I can teach the training class. Taking the class is not a guarantee that the state will pass you. They do not issue the CCW, they only provide a certificate of safety training which is part of the application process given to the state. The certificate of training is a 8 1/2 x 11″ certificate that one could frame and in no way can be confused for a CCW. A safety class would never refund their time or cost of materials if someone didn’t pass the State’s process. Classes SHOULD include a shooting session so that the Instructor can verify that the person can safely handle and shoot a gun, the only thing I can think of is that they didn’t charge him for ammo and refunded that portion. The cost of the written material is about $11 and he paid $90 for the course, with the Instructor pocketing the rest.

More importantly the State would never, never, never, issue someone the CCW and then investigate the file. I said in the previous comments I had an issue come up in mine where they said I was lacking in the file. When I called they wanted the NRA Instructor number of my lead trainer which they said should be on the certificate of training. My training was not in the run of the mill safety class that most take. I took the Instructor training in which I now have the credentials to teach the CCW safety classes. Those certificates did not have a place for the instructor to put his License # where the safety classes do. In the end all I needed to do was send them a copy of my Instructor credentials, that had my Instructor # on it, and they THEN issued my CCW.

There is nothing in his file saying they sent him any notifications at a later date. His file also contains inquiries from the Sanford PD and the Florida Dept. of Civil Rights that happened after the shooting of Trayvon and the State’s response to them. This can be found in the previous thread where I say how to find the FDLE inquiry and what was in his file. There is no mention that he received a refund from the State or that his CCW was suspended or revoked.

Don’t get me wrong, I don’t like Fogen any more than the rest of you do but I researched this early on and there was nothing that we know about him that would have prevented him from obtaining the license.

Comment 2

Xena, One of the things told to me when I took the training for the Instructor credentials was to make sure that I kept all information on the people that I train. One Instructor said he scanned the information to reduce paperwork space. They explained that LE always comes back to the Instructor of the class to see what they can find out or remember about the student, there is no time limit on when they will go back. This is a common practice when the shooter is a CCW holder, once again their investigation into it isn’t unusual and I was told this a couple of years before the TM shooting. If an Instructor gave a certificate to a student they felt was not ready it will cost the Instructor their credentials.

On the statement of the Instructor he said he purges his records every 2 years and didn’t have fogen’s information anymore. Since he took the class in 2009 it sounds like the paper shredders were working overtime.

Also that pdf I referenced people to look at is his CCW file. In it they also place inquiries about a holder. There have been 3, first was by the Sanford PD, then Florida’s Civil Rights Division, and the last one was from the FDLE. All of them were after the shooting of Trayvon, not one was a federal agency….unless it was after the FDLE request.

Zimmerman Hearing Livestream

April 30, 2013

Tuesday, April 30, 2013

Good morning:

Watch the Zimmerman livestream here and comment below.

Five Zimmerman Re-enactment Videos

June 27, 2012

note- I did not create these videos. They were uploaded to YouTube by LLMPapa. (h/t to Tzar at Firedoglake for letting me know about these videos)

Note the position of Trayvon Martin’s body, which is under a yellow tarp in one of the videos. His body is perpendicular to the sidewalk and 10 or more feet away. Can’t tell if his head or feet are closer to the sidewalk because his body is concealed.

Bottom Line: his body is not only more than 60 feet from the T intersection, it appears to be more than 10 feet from the sidewalk that runs between the two rows of townhouses.

The position of the body not only puts the lie to Zimmerman’s claim that he was not following Martin and was walking toward his vehicle on the sidewalk that runs through the cut-through connecting Twin Trees Lane and Retreat View Circle when Martin confronted him, it also puts the lie to the Martin-was-banging-my-head-against-the-sidewalk story.

Give the videos a look and share your thoughts.

Forensic Firearm Evidence May Solve Zimmerman Case

May 17, 2012

George Zimmerman

By Donkey Hotey
Creative Commons @ Flickr

For reasons that follow, I believe the forensic firearm evidence will solve the Zimmerman case.

Many of you have focused instead on Zimmerman’s decision to follow Martin contrary to the dispatcher’s request and concluded that he was the aggressor. I do not believe that conclusion is supported by the evidence.

If I were representing Zimmerman, I would argue that he was not ordered to stop pursuing Martin. The specific admonition from the dispatcher, after Zimmerman admitted that he was following Martin, was, “We don’t need you to do that.”

Plus, the dispatcher was not a police officer with a badge. He did not have the authority of a badge.

Therefore, I do not believe Zimmerman ignored an explicit police order and I do not see any unlawful conduct in carrying his cell phone while following Martin at a respectful distance to keep an eye on him in order to inform the police officer where he was after the police officer arrived in the neighborhood. Recall that he suggested the dispatcher tell the officer to call him on his cell phone when he arrived.

He had a license to carry so he did not violate any law by doing that.

Of course, a neighborhood watch coordinator from the Sanford Police Department had previously advised Zimmerman and others not to carry guns and not to contact suspects to avoid tragedies like the one that ended in Trayvon Martin’s death. This warning and the dispatcher’s admonition are relevant to consider in determining Zimmerman’s intent when he followed Martin. A jury might well reach the same conclusion that many readers have reached; namely, that Zimmerman was the aggressor because he knew he was not supposed to follow Martin.

Then again, it might not.

Zimmerman’s version of what happened is that he lost Martin and decided to return to his vehicle. As he was walking toward it, Martin approached him from behind his left shoulder and asked, “Why are you following me?”

Zimmerman said he responded, “What are you doing here?”

He claims Martin punched him in the nose, knocking him down on his back, and then jumped on top of him and started slamming his head into the sidewalk.

He also claims he yelled for help but no one responded.

Zimmerman says Martin saw his holstered gun as he was reaching for it and said, “One of us is going to die tonight.”

They struggled for the gun. Zimmerman won and shot him once in the chest.

This would be self-defense, if true.

Martin’s girlfriend says when she called him at 7:12 pm, which is verified by cell phone records, Martin told her that some guy was following him. She told him to run. Then she heard Martin say, “Why are you following me?”

She heard someone else say, “Why are you here?

Then she heard sounds that sounded like a struggle with Martin’s headset being ripped off his head and the phone went dead. She called him back but got no answer.

She confirms the two statements that Zimmerman said were made. Her opinion of what was going on after that may or may not be accurate.

A neighbor named John told the police that he saw two people struggling on the ground. The man on top was hitting the man lying on his back. The man lying on his back was wearing a red sweater and calling for help. Zimmerman was wearing a jacket with red sleeves.

John closed and locked his patio door. Then he went upstairs to a bedroom and looked out the window. The man who had been on his back yelling for help was standing and the man who had been hitting him was lying face down in the grass, apparently dead.

Therefore, he neither saw who threw the first punch, nor the relative positions of the two individuals and what they were doing when Zimmerman fired the fatal shot. We do not know how much time passed after he closed and locked the patio door until he looked out the upstairs bedroom window and we do not know how the struggle progressed. Apparently, he did not even hear the shot.

During a 911 call by another neighbor to report a fight between two men in her backyard, a loud terrified scream for help can be heard in the backyard. The scream ends suddenly with a loud gunshot that is followed by silence.

Without knowing how much time passed before John looked out his upstairs bedroom window, we cannot conclude if this scream is the same yell for help that John heard. Moreover, without questioning John, I cannot say with any confidence that he correctly identified Zimmerman as the person calling for help, even though Zimmerman claimed to have called for help.

I am inclined to believe that it is not the same scream, due to the time lapse and because Martin’s mother has identified her son as the person screaming for help.

Also, two independent forensic audiologists using different methodologies to clean-up the recorded 911 call (i.e., filter out static and background noise) have compared the scream to Zimmerman’s voice on his call to the police. To a reasonable scientific certainty, they excluded him as the source of the scream for help.

Nevertheless, Zimmerman and his father have identified him as the person calling for help.

Let’s temporarily disregard what everyone said and focus on that 911 call with the scream for help in the background.

I have three questions:

1. How could a mother not know her son’s terrified scream for help?

2. Why would a man with a gun in his hand be desperately screaming for help and suddenly stop screaming at the precise instant the shot is fired?

3. How could two experts working independently of each other using different forensic methodologies and reaching the same conclusion to a reasonable scientific certainty be wrong?

Finally, consider the shot itself. It was fired from an intermediate distance, which is anywhere from 0.5 centimeters to 1 meter. I am confident the forensic firearm experts have already performed the standard experiments that I have described elsewhere in a comment on my previous article, but we do not yet know the results.

They will be able to say to a reasonable scientific certainty where within that range the gun was when the fatal shot was fired.

Using a steel rod and a photograph, the Assistant Medical Examiner who performed the autopsy will be able demonstrate the path of the bullet after it entered the body. The firearms expert will be able make a mark on the steel rod in that photograph showing the location of the muzzle when Zimmerman fired the fatal shot.

When we see that demonstration, we will likely know if Zimmerman lied or told the truth.

Given what he said, I was expecting a contact or near contact wound. Depending on the fine tuning, an intermediate or close range wound is consistent with a scenario in which the two individuals have separated.

That contradicts Zimmerman’s story because in that situation his use of deadly force would not be necessary since he would not be in imminent danger of death or grievous bodily injury.

Stay tuned.

Zimmerman Medical Report Released

May 16, 2012

ABC News reported last night that George Zimmerman sought medical treatment at a family clinic the day after he shot Trayvon Martin.

According to the medical report, which was part of the court file made public yesterday, he requested the appointment to obtain a medical clearance to return to work. However, according to Wikipedia, he was employed as an insurance underwriter at the time of the shooting and attending his final semester at Seminole State College in their Criminal Justice program.

The diagnosis: a closed fracture of the nose, two black eyes and two cuts to the back of his head.

[Note: a closed fracture means that the fracture did not penetrate through the skin and black eyes are a common symptom of a fractured nose]

The Christian Science Monitor reports today:

As the Christian Science Monitor reported Tuesday, prosecutors in the Trayvon Martin shooting began to sketch an outline of their case against George Zimmerman on Monday, citing new video evidence, a long list of witnesses and experts, and hints of a trail of facts, forensic details, and witness observations that they hope will lead a jury to a second-degree murder conviction.

But after weeks of national introspection into what really happened between Mr. Martin, an unarmed black teen, the guts of the hefty Zimmerman file remain secret. The prosecution, for its part, wants to keep it that way, having asked Judge Kenneth Lester to waive Florida court transparency laws in order to keep some witness names secret.

ABC News with Diane Sawyer broke the story last night.

Portions of the medical report are visible in the background and highlighted in yellow.

Apparently, no photograph was taken of the injuries noted in the medical report, no Xray was taken of his head and the cuts on the back of his head did not require stitching. The only recommended after-care, according to ABC, was a recommendation to obtain counseling.

Since the report mentioned that Zimmerman was taking Adderall and Temazepam, he probably was seeing a psychiatrist for ADHD and, if he followed-up with that aftercare recommendation, he likely would have done so by informing his psychiatrist regarding the event.

There was no reference to a psychiatric report.

I also did not see any indication that the doctor at the family clinic prescribed any pain medication.

I am still waiting to see the autopsy report and the forensic report on the examination of Zimmerman’s gun and his clothing. According to Wikipedia, the police kept his gun. However, his clothing might have been returned to him.

Evidently, the prosecution does not want the autopsy and forensic reports released at this time. We will have to wait and see whether the judge orders them released.