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Zimmerman credibility may be hurt by bond dispute
George Zimmerman takes the witness stand, Friday, April 20, 2012, during a bond hearing in Sanford, Fla. / AP Photo/Orlando Sentinel, Gary W. Green, Pool
(AP) SANFORD, Fla. - The credibility of Trayvon Martin's shooter could become an issue at trial after a Florida judge said that George Zimmerman and his wife lied to the court about their finances to obtain a bond, legal experts say.
That's because the case hinges on jurors believing Zimmerman's account of what happened the night that the 17-year-old was killed. Zimmerman wasn't charged in the case until more than a month after the shooting, and the former neighborhood watch volunteer has maintained that he shot Martin in self-defense under Florida's so-called stand your ground law. Protests were held across the nation, and the case spurred debate about whether race was a factor in Zimmerman's actions and in the initial police handling of the case. Martin was black; Zimmerman's father is white and his mother is from Peru.
The questioning of Zimmerman's truthfulness by the judge on Friday could undermine his credibility if it is brought up at trial. It also may complicate how his defense presents him as a witness, said Orlando-area attorney Randy McClean, a former prosecutor.
"The other key witness, unfortunately, is deceased," McClean said. "Basically, Zimmerman is going to be asking the jury to believe his version of the facts. ... As the case stands now, his credibility is absolutely critical to the case."
Zimmerman had not turned himself in as of early Saturday evening, the day after his bond was revoked. He must do so by Sunday afternoon.
He went into hiding in the weeks after the shooting amid an impassioned debate about the case, and his exact whereabouts since he bonded out of jail remain unclear. It also was not immediately clear exactly where Zimmerman would surrender.
Zimmerman has pleaded not guilty to second-degree murder for the February shooting. He maintains he shot Martin in self-defense because the unarmed 17-year-old was beating him up after confronting Zimmerman about following him in a gated community outside Orlando.
Witness accounts of the rainy night that Martin was shot are spotty. There is no video of the fight, though photos released by prosecutors show Zimmerman with wounds to his face and the back of his head.
Zimmerman's credibility would be important if his attorney, Mark O'Mara, tries to get a judge without the jury to dismiss the charges based on the law, said Orlando defense attorney David Hill.
"If he was in on something that was not truthfully revealed to the judge, when there is a `stand your ground' hearing, of course you're going to second-guess him," Hill said.
Both McClean and Hill said O'Mara would be able to challenge the admissibility of the bond revocation at trial by questioning its relevance.
Zimmerman was arrested 44 days after the killing, and during a bond hearing in April, his wife, Shellie, testified that the couple had limited funds available. Zimmerman took the stand at the hearing and apologized to Martin's parents.
Prosecutors pointed out in their motion that Zimmerman had $135,000 available then. It had been raised from donations through a website he had set up. They suggested more has been collected since and deposited in a bank account.
Shellie Zimmerman was asked about the website at the hearing, but she said she didn't know how much money had been raised. Circuit Judge Kenneth Lester set bail at $150,000. The 28-year-old was freed a few days later after posting $15,000 in cash — which is typical.
Prosecutor Bernie De la Rionda complained Friday, "This court was led to believe they didn't have a single penny. It was misleading and I don't know what words to use other than it was a blatant lie." The judge agreed and ordered Zimmerman returned to jail by Sunday afternoon.
"Does your client get to sit there like a potted plant and lead the court down the primrose path? That's the issue," Lester said. "He can't sit back and obtain the benefit of a lower bond based upon those material falsehoods."
The defense countered that Zimmerman and his wife never used the money for anything, which indicated "there was no deceit." O'Mara said it wouldn't be a problem to bring Zimmerman back into custody by the deadline.
The judge said he would schedule a hearing after Zimmerman is back in custody so he could explain himself.
Police in Sanford did not immediately arrest Zimmerman, citing Florida's "stand your ground" law that gives wide latitude to use deadly force rather than retreat in a fight if people believe they are in danger of being killed or seriously injured.
Benjamin Crump, an attorney for Trayvon Martin's parents, Tracy Martin and Sybrina Fulton, said his clients have always said Zimmerman should remain in jail until trial, which O'Mara said he believed wouldn't be until next year.
Crump was asked if he thought that if Zimmerman would be willing to lie about his finances that he would be willing to lie about what happen the night Martin was killed.
"We fully expect that the special prosecutor will make George Zimmerman's credibility be front and center in this entire case," Crump said. "And whatever dishonesty that comes forth by George Zimmerman that they can prove, you can best believe it will become the issue of this case."
The revocation of Zimmerman's bond also puts pressure on O'Mara not to delay the trial, McClean said.
"When your client is out on bond, the pressure is much lighter to rush to trial ... because your client is sitting at home," he said. "When your client is sitting at the Seminole County Jail, your client is going to want this resolved."
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Justice for the wrongly accused, George Zimmerman!
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Sorry, OleBoy...
Zimmerman can NEVER receive justice.
Florida already took the death penalty off the table!
On the other hand...ANY custodial sentence that puts Georgie in General Population could be construed as a death sentence.
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CHECK OUT THE LA TIMES WEBSITE for the full article
By Matt Pearce, Los Angeles Times
June 3, 2012, 9:57 p.m.
George Zimmerman, the former neighborhood watch volunteer charged in the killing of Florida teenager Trayvon Martin, returned to jail Sunday two days after a judge revoked his bail over questions about his finances.
Zimmerman wore a plaid shirt, jeans, tennis shoes and longer hair than in his internationally known mug shots.
He arrived at the Seminole County Jail in Sanford, Fla., accompanied by law enforcement officers and with his hands cuffed behind his back. He did not respond to reporters' questions, the Orlando Sentinel reported.
GoodOleBoy27: I'm white too. Got a problem with that? And what's with the nasty "Jabba the Hut" remarks. Funny that you don't realize how much your own words say about YOU.
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YOU SAID IT BEST!!! Thanks :-)
Now? I'm logging off. For last month, OleBoy has continually hunted me; insulted me. I think he hates the logic; the facts and ... the future. Keeps calling me Black Twinki (I could care less if I'm purple twinki) Makes me realise OleBoy has a very deep seated, unhealthy, unnatural and inbred hatred. He needs to be looked into - his rationale dashboard is malfunctioning. He's taing it too personally that this adult male killed a kid. For no reason.
He's trying ever-so hard to MAKE REASONS ... Just like Cinderella's older sisters. The dinosaur feet dont fit the simple glass slipper.
I'm outta here ... but not far away. Please let me know when the perp hands himself in. Thanks and good day ...
Could George be some kind of magician, capable of beating the test?
Very weak attempt to clear your adult male accused of murder. Nopey-nope. Doesnt work. Next??
Rest my case.
I wonder what the odds are of succesfully beating the test.
Maybe George is just telling the truth.
There has yet to be any evidence released to discredit his account.
Nothing but speculation and emotion.
Neither of which will secure a conviction.
by AOCGUY June 3, 2012 1:16 PM EDT
If Zimmerman knew about the money and knew his lawyer was requesting a lower bond amount due to Zimmerman's lack of funds, his not speaking up would be considered lying. Not too difficult a concept to understand really and it does speak to his credibility.
Then ... he's dead. And at that same moment ... all the excuses and denials in te world ... leave Zimmerman's "defense" ... dead in the water.
PLEASE ... keep this egotistical, lying thug out of society ... thanks :-)
Why would the aggressor yell for help?
Why would the guy on top, pounding the guy on the bottom, yell for help?
Again! Martin wasn't a liitle youth, he was a young man and towered over his victim!
We're not in a court of law. All you cry "speculation!" .. is my opinion.
I'm oh-so entitled to that and believe I speak ... for MILLIONS. Your worry, fear and malice is very evident. Good luck, cos methinks your "good younger boy" ... will be found guilty on 2nd Deg. Plus the other charges.
I *PRAY* ... charges are consecutive and not concurrent.
JUSTIVE FOR TRAYVON!
You can't launch an assault on someone for no good reason!
Justice for the wrongly accused, George Zimmerman!
That's ... heinous. Zimmerman ... will pay.
(Good)
SEMS OUR MAN MAY TURN HIS GUILTY SELF IN, AFTER ALL:
"George Zimmerman has come out of hiding Sunday and will turn himself into Florida police sometime before 2:30 p.m., his lawyer said.
Zimmerman returned to Sanford late Saturday night from his undisclosed hideout, attorney Mark O'Mara said in the statement.
On Friday, the 28-year-old neighborhood watchman was ordered to return to jail within 48 hours after Florida Circuit Judge Kenneth Lester found that he and his wife lied about their finances at a bail hearing on April 20.
Zimmerman and his wife, Shellie, testified they were broke, prompting the judge to set bail at $150,000.
But the couple didn't mention the $135,000 they had raised through a website. Lester said on Friday that the Zimmermans misled him. immerman's defense said the flap was a misunderstanding and insisted he didn't know how to get his hands on the cash.
The total has reportedly grown to more than $200,000. O'Mara said Sunday he would request a new bond hearing and hoped Zimmerman's surrender would prove he's not a flight risk.
"The vast majority of the funds in question are in an independently managed trust, and neither Mr. Zimmerman or his attorneys have direct access to the money," O'Mara said, referring to the money raised through the website.
Zimmerman has pleaded not guilty to second-degree murder charges for gunning down 17-year-old Trayvon Martin in a gated community in February."
(This guy is truly a conartist, a liar, a loser, a cheat and a would-be trophy hunter for his vigilante-style neighborhood watch relief ... and now: a killer. Another Joran van der Sloot. Get him off our streets!!)
Read more: http://www.nydailynews.com/news/national/george-zimmerman-back-florida-turn-police-article-1.1089069#ixzz1wl0ohmfj
The burden of proof is solely on the prosecution!
It will be impossible to prove George's account to be untrue, impossible!
If the prosecution cannot prove beyond a doubt that George struck the first physical blow, George will be aquitted!
Martin was not justified to deliver a beatdown unless George made the first phisical contact! This will not be provable because only two men saw what happened and one is dead.
Whether or not you like George Zimmerman, it will not be possible to prove he initiated the physical part or the confrontation. They should have just waited for the police to arrive, but Martin couldn't wait! Zimmerman walks!!!!