George Zimmerman's attorneys won't use "stand your ground" defense

George Zimmerman (C) leaves Seminole County Jail after posting a million dollar bond July 6, 2012, in Sanford, Florida. / Getty Images

(AP) ORLANDO, Florida - The attorney for the man who shot and killed unarmed Florida teenager Trayvon Martin said Monday he'll seek to get the case dismissed using a traditional self-defense argument and not the state's "stand your ground" statute.

Mark O'Mara, who is defending George Zimmerman against a second-degree murder charge in the fatal February shooting, said the traditional self-defense approach is appropriate because the facts suggest his client couldn't retreat from a beating Martin was giving him.

Zimmerman's attorneys had said last week that they would use Florida's controverial "stand your ground" law, which allows people to use deadly force - rather than retreat - if they believe their lives are in danger.

"The facts don't seem to support a 'stand your ground' defense," O'Mara said.

Martin's Feb. 26 death in a gated community in the Orlando suburb of Sanford first drew national attention on March 8, the day his relatives held their first news conference to lament that Zimmerman hadn't been arrested.

Martin was unarmed and walking back to an apartment where he was staying with his father at the time of the shooting.

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Zimmerman wasn't charged with second-degree murder until 44 days after the shooting. During that time, protesters around the nation demanded Zimmerman's arrest, and the Sanford Police Department was accused of racism and incompetence.

Zimmerman, 28, pleaded not guilty and was released on a $1 million bond while he awaits trial. If a judge were to side with Zimmerman in a pretrial hearing under either theory, the murder charge would be dismissed immediately. O'Mara said that he would not have to invoke any part of the "stand your ground" statute under the strategy he plans to use.

"I don't' like 'stand your ground' because I'm not sure it's a 'stand your ground' case," O'Mara said.

University of Miami law professor Tamara Lave said this change by O'Mara may be a signal that he thinks his case for self-defense is solid even without the special provisions afforded by "stand your ground."

"'Stand your ground' makes it easier to prevail under self-defense theory than the law that existed beforehand," Lave said. "I think what he's saying is his case is so strong that he doesn't need 'stand your ground.'"

Before O' Mara can address either approach, he is filing an appeal this week of trial Judge Kenneth Lester's recent decision to stay on the case.

19 Photos

Trayvon Martin shooting

O'Mara said it could take several weeks for the Fifth District Court of Appeals to rule.

"It's their timeline," O'Mara said. "They'll try to get to it quickly, but it could take several weeks. I still think he's a good judge and very fair... But there's a real question of whether Judge Lester stepped over his bounds."

Lester denied O'Mara's motion asking for the recusal earlier this month. O'Mara argues that language Lester used in setting Zimmerman's $1 million bond showed bias.

There isn't any new evidence to present to the appeals' court in regards to Lester's standing as the trial judge, O'Mara said. Instead, the writ he was hoping to file late Monday dissects everything Lester has done since the beginning of the case.

The brief is around 40 pages long. He dismissed the notion that filing the writ was done to stall the case, but instead is being done because that right would be lost if not invoked now.

With much of the administrative aspects of the case already completed, O'Mara said that they are ready to begin setting up depositions for the state's witness list. Specific dates for those to begin are still being determined, however.

O'Mara said they have seen about 80 to 90 percent of the state's evidence in the case and that they would start the deposition process with the first responders to the shooting.

The defense witness list is still being put together, but O'Mara said he expects it to include FBI personnel, former co-workers of Zimmerman and experts.

While O'Mara said they would actually like to move the case ahead more quickly, one of the other things complicating that desire is a lack of money in Zimmerman's legal defense fund.

O'Mara said the fund had about $60,000 in it, with $20,000 in bills that need to be paid. If Zimmerman's financial status doesn't improve soon, he may ask the judge to declare him indigent, and seek aid from the state to fund his defense expenses.

Meanwhile, Zimmerman and his wife, Shellie, continue to live in an undisclosed location somewhere in Seminole County.

In setting Zimmerman's second bond of $1 million, the judge mandated that he remains in the same county as the shooting, which O'Mara said "is the most dangerous county for him to be in."

He said they are both living "like a hermit" and are not working for fear of their safety.

O'Mara didn't rule out a future motion to have the bond terms revamped, and allow him to reside out of state.

"I want him safe, wherever that might be," O'Mara said. "If it's out of state - so be it."

[WhutsMyName]

Interesting that this guy is asking for more money. I don't believe that the funds are exhausted. Just like the court room situation, this guy is crying broke to get more donations. If he's supporters are dumb enough to keep giving hopefully they will ask for an itemized list on what the money was spent on.

[commentingnow]

Here's a hallucination: a 17 year old guy, with no weapon on him, no criminal record of violence and no motive (!) suddenly decides he'll murder some other guy right then and there. The intended victim had not bothered him at all, hadn't called him any racial names or tried to steal his girlfriend. Hadn't pointed a gun at him. No, this teen just tries to kill the guy -- with dozens of people all around, at home, who could be witnesses. Then, to make sure that the victim knows this is an attempt at murder (in case he doesn't succeed) he TELLS the victim he's going to die, so prosecutors will know he meant to kill him. I'm asking you (actually George Zimmerman and his lawyers) are asking you to swallow that story. Open wide...

[ReckonedTruth]

For those who want to research Trayvon Martin's last cell phone moments on the phone when accosted by George Zimmerman.

research..

TRAYVON MARTIN FINAL MOMENTS CAPTURED DURING PHONE CALL WITH TEENAGE GIRL..

Huffington Post.. has the clearer and most up to date information..stating also witnesses claiming--seeing GZ chasing TM.. the TIMELINE IS CLEAR according to the TM phone call and GZ 911 call-BOTH were on the phone at the same time..and it was GZ who doubled back chasing TM..when he was advised not too..and he disconnected the phone call with the 911 dispatcher..and caliming he couldn't locate his phone(laughing) when TM magically appeared before him from behind bushes(laughing).. there were no bushes for anyone to hide behind at the scene of the crime- as GZ claimed at the re-enactement of the shooting..

[ReckonedTruth]

and if the trial goes to a jury.. you don't know what the prosecutor/state can prove..or not prove ...that's why it's a hearing FIRST and then a trial..

..nice spin and wishful thinking..(yawn)

[ReckonedTruth]

by archon41 August 17, 2012 4:13 PM EDT
Phone records? Yeah, they're going to show Martin broke off his chit-chat with Dee Dee before clobbering Zimmerman.

++++++++++++++++++++++++++++++++++++++++++++++++++++


that's for the PROSECUTOR to state not you..(laughing)..


...phone records will prove when TM was on the phone and with WHOM..when the phone call was disconnected, and if any conversation was CAPTURED between TM and GZ...if the phone line was OPEN at the time BEFORE provocation...as EVIDENCE.. we shall see WON'T we?

A cell phone is the PD and a MURDERERS worst ENEMY..which denotes a timeline.. and if any other EVIDENCE is captured as related to any crime as result of a OPEN cell phone line..

+++++++++++++++++++++++++++++++++++++++++++++

Get over the fact that Judge Lester ruled on the 2nd bond hearing against GZ..the ruling given was because of the depraved mind of alleged murderer and .. its quite obvious Shellie ZIMMERMAN intentionally lied with regard to donations .. so the Judge ruled within the law as such, rightfully, get over it.....its a done DEAL..

... best of luck with the APPEAL to the 5th circuit court daytona county.. Judge Lester hasn't DONE anything inappropiate to be recused.. and the Appeal's court will rule as such..

Stop the delaying attempts.. let's get on with the hearing.. to move forward or dismissed the charges.. which in my personal opinion will not be dismmised... maybe lessen to manslaughter..but not dismmissed as the zimmerman-ites are HOPING FOR..

[Haggi57]

Reckoned

I don't know who your cell provider is, but audio is not recorded by an open cell phone line. Texts can be recalled, but not conversations.

As far as a time line, what good is that going to do. There are numerous ways that things could have played out in each given time line.
Basically, the cell phone will prove to be worthless at trial.

Depraved mind of an alleged murderer? Nice spin, but not accurate. What does Shellie have to do with anything. You don't punish one person because another person gave inaccurate statements.
What is the matter with you?

It's highly doubtful that Zimmerman will even be convicted of manslaughter, unless the state can convince a jury that an assault was justified. To do that, they must prove beyond a doubt that Zimmerman made the first physical contact.
To accomplish that, they will need an eye witness or video of the event. Without one of those two pieces of evidence, the suggestion that Zimmerman forced a physical response is nothing more than speculation.

[ReckonedTruth]

apparently you don't know about smart phone providers.. or just
lieing AGAIN.. using several different names as you do.. and the Judge. was within his RIGHT to do what he did to george zimmemrman and his wife as well.. get over it..its a done deal..and Judge Lester will not be removed from this case..

[archon41]

Judge Lester is becoming something of a cult hero to the radical left, but his orders raise grave concerns about his impartiality in the minds of those who remain unconvinced of Zimmerman's guilt. His order raising Zimmerman's bail to $1 mil is particularly suspect. The judge acknowledges that he cannot hold him without bail. He then finds, as a basis for drastically increasing the bail requirement, that Zimmerman is a "flight risk," making reference to the donations he had received to assist with his legal and living expenses. This would appear to be, on the face of it, pretextual, since the fund, at the time of the order, was under the control of O'Mara and a fund trustee, the proceeds to be doled out only for approved expenses. There is simply no way Zimmerman could have accessed it to finance a flight abroad. This lapse in logic points one to the conclusion that, despite the judge's denial, his action was intended to punish, and punish it did. The withdrawal from the fund of $85,000 for the bondsman's fee virtually depleted it, leaving Zimmerman near destitute. This apparent bending of the law in order to reach a desired result strongly suggests that Judge Lester does non have the restrained temperament necessary for such a high-profile case. I would further suggest that subjecting to what amounts to expropriation donations sent to fund legal and living expenses is highly questionable. It also implicates judgment and common sense, since it now appears that Zimmerman will seek indigent status, leaving the taxpayer on the hook for the costs the $85,000 could have funded.

[archon41]

If Zimmerman is found to have pulled the trigger because of a reasonable fear of "great bodily injury," he walks. The rest is just window dressing.

[ReckonedTruth]

but the phone records don't LIE..

[Haggi57]

I think it's safe to say if some huge dude smacks you in the nose and then jumps on you, pummeling you about the face and head, you will be justified in defending yourself.

[ReckonedTruth]

by JorgeZim August 15, 2012 11:43 PM EDT
Reckoned Truth is a liar. The police showed up a minute after the assault was thwarted, he was then taken to the police station and interviewed for several hours. The next morning, Zimmerman walked through the events of the night before.

+++++++++++++++++++++++++++++++++++++

you fortgot to mentioned one thing with the interrogation that night..or either you're misinformed or just stupid or BOTH or a intentional liar to MASKED THE TRUTH..

..FACT is the lead investigator(serino) the night of the murder wanted to arrest GZ that night because GZ account of "SAID" event as his SWORN statement was suspicious as not factual(who doesn't know this? YOU aprarently or you're a LIAR as matter of FACT)..and if you would research this information before sounding as ignorant as you sound..you will KNOW such information is public information as factual evidence...the Lead investigator name is Serino.. research.. dumb-dumb..

[archon41]

It was the discovery of Dee Dee that gave Corey her "missing link" for a finding of probable cause. Now palms are starting to sweat at the thought that "assisted memory" issues may come to light when O'Mara questions her under oath. Team Crump has already "dumped" her.

[DevoutPlayerhater]

GZ is not entitled to the recusal of Judge Lester. A criminal defendant is entitled to an impartial trier of fact. In this case, GZ has apparently demanded a jury trial. Thus, the trier of fact is the jury 'not' Judge Lester. It is the jury that must be impartial. The fact that Judge Lester is presiding over the case does not in any way influence the impartiality of the juror. Judge Lester's role is to rule on the admissibility of evidence and control the proceeding such that GZ gets a fundamental fair trial. It is because of this that GZ's motion for recusal was "insufficient" as a matter of law. The Florida 5th Circuit Court of Appeals will likewise deny the petition for writ of prohibition.

[archon41]

The judge will be the "trier of fact" in the immunity hearing. Why can't you people educate yourselves on the basics before you start blabbing on internet forums?

[winemaster2]

The best place for this murder is the County Jail ,where he can get free protection , three free meals a day, free medical all at tax payers expense.