CBS/AP/ August 14, 2012, 11:32 AM

Zimmerman defense fund dwindling; Fla. may pay

George Zimmerman, left, and attorney Don West appear before Circuit Judge Kenneth R. Lester Jr. June 29, 2012, during a bond hearing at the Seminole County Criminal Justice Center in Sanford, Fla.

George Zimmerman, left, and attorney Don West appear before Circuit Judge Kenneth R. Lester Jr. June 29, 2012, during a bond hearing at the Seminole County Criminal Justice Center in Sanford, Fla. / AP Photo/Orlando Sentinel

(CBS/AP) ORLANDO, Fla. - The attorney for the former neighborhood watch volunteer who shot and killed Florida teenager Trayvon Martin said Monday that George Zimmerman is almost broke despite having raised more than $250,000 since last spring.

Mark O'Mara, who is defending Zimmerman against a second-degree murder charge in the fatal February shooting, said a lack of money in Zimmerman's legal defense fund is complicating the defense's desire to move the case ahead quickly.

"The money's not coming in all that strongly right now," O'Mara told reporters. "I think that as we move forward we're probably going to have to consider indigency for Mr. Zimmerman unless something else happens with more donations and whatnot and then it puts it on the state's shoulders to actually fund that defense."

O'Mara said the fund had about $60,000 in it, with $20,000 in bills that need to be paid.

O'Mara said his client remains in hiding and has spent tens of thousands on security. Zimmerman and his wife, Shellie, continue to live in an undisclosed location somewhere in Seminole County.

Special Section: Trayvon Martin Shooting
Zimmerman lawyers won't use "stand your ground"
Trayvon Martin's parents seek money from Fla. fund

In setting Zimmerman's second bond, trial Judge Kenneth Lester 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 modified, 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."

O'Mara also said Monday he believes that the facts that will be argued in the case fall more under traditional self-defense, not under Florida's "stand your ground" law, which allows people to use deadly force — rather than retreat — if they believe their lives are in danger.

O'Mara said looking at the case through traditional self-defense circumstances is appropriate because the facts suggest his client couldn't retreat from a beating he was receiving from Martin.

Zimmerman's attorneys said last week that they would use the "stand your ground" law.

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

Still, he said Monday that the defense team will try to get the case dismissed during a "stand your ground" hearing.

"My concern with even calling it a 'stand your ground' hearing is we need to be more realistic," O'Mara said. "I've said from Day 1 we need to wait until all the evidence comes out."

O'Mara said he thinks people have a perception about the law that isn't accurate.

"People look at 'stand your ground' and immediately think somebody's standing there with deadly force — be it a gun or a weapon — and having the opportunity to back up but not having the need to under the statute," he said. "I think the evidence in this case suggests that my client was reacting to having his nose broken and reacted to that by screaming out for help.

"He wasn't in position where I think there was any suggestion where he could retreat, which he is allowed to do under the statute."

If a judge were to side with Zimmerman in a pretrial hearing under the state's self-defense statute, 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 think the facts seem to support that though we have a stand-your-ground immunity hearing, what this really is, is a simple, self-defense immunity hearing," the defense attorney said.

University of Miami law professor Tamara Lave said O'Mara's shift may 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 the "stand your ground" hearing, he is filing an appeal this week of Lester's recent decision to stay on the case.

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."

Zimmerman was initially granted $150,000 bond and released in April. But the judge revoked that bond in June after prosecutors presented evidence that Zimmerman and his wife misled the court about how much money they had, including $135,000 raised by then from a website for his legal defense. He was later freed on a new $1 million bond.


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28 Comments Add a Comment
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Sidney Green says:
Its pretty obvious he was attacked and had to shoot the man.
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Nuclear-Physicist says:
SYG isn't being used by Zimmerman's lawyer, because Zimmerman could not retreat. Martin was on top of Zimmerman and prevented a retreat. Witnesses testified that Zimmerman was being beaten by Martin and that it was Zimmerman and not Martin who was screaming. This is a classic case of self-defense and is being treated as such by his lawyer. Evidence also indicates that Martin left the scene of the first verbal exchange and then returned later to verbally and physically confront Zimmerman. There is no evidence that Zimmerman ever physically assaulted Martin. The evidence clearly shows that it was Martin who began the physical confrontation and that Martin was holding Zimmerman on the ground and repeatedly assaulting him. The 911 recording of Zimmerman's call does show that he was initially pursuing Martin (Zimmerman's breathing was labored) but that he responded "okay" when asked to stop this pursuit and ceased to pursue Martin (Zimmerman's breathing returned to normal). Shortly after the 911 call ended, Martin returned to confront and physically assault Zimmerman. Martin was dressed like a hood and acted like one by initiating the physical assault of Zimmerman. Neighborhood watch personnel are allowed to verbally confront and question individuals in the neighborhood who they do not know. Zimmerman went too far when he initially began pursuing Martin, but the evidence clearly indicates that he ended the pursuit when asked by the 911 operator. Martin, on the other hand, had no right to respond to Zimmerman's verbal questioning and brief pursuit by initiating a physical assault on Zimmerman. If Martin had simply continued on to his father's residence after the initial verbal exchange, there would have been no physical assault followed by the use of deadly force by Zimmerman. Martin acted like a hood and precipitated a deadly physical confrontation that ended with his death. Zimmerman was being held down and beaten by Martin. The fact is that more murders result from people being beaten with fists than with assault-type weapons and Martin was more than capable of beating Zimmerman to death with his bare hands. He was not some innocent kid. He was a troubled teen that resorted to physical violence in a situation that did not warrant such a violent reaction. Zimmerman believed that his life was in danger, because he could not retreat from the situation while being held down by Martin and repeatedly assaulted. Zimmerman acted in self-defense and the case against him should be dismissed.
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Haggi57 replies:
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Your analyzation of the facts and evidence is superb.

Even the Libtards should get it.
Millennial replies:
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There is no factual evidence to the contrary of nuclear-Physicist'a commentary, and so if he or she should glady produce what he or she stated as fact, do so..

No one seen who started the fight nightt, if there were witnesses to this incident in the DARKEN night, what the so called witnesses seen was AFTER the fight started not before.

There is NO prove of evidence Trayvon Martin doubled back to attack Zimmerman ..NONE what so ever.

Trayvon was wearing a Hoodie, it was raining a light mist according to weather reports on that evening, isn't that what PEOPLE do when it rains if wearing a hoodie is to cover one's head from the rain? Again a conclusion by Zimmerman when calling the SPD dispatcher as some sort of possible criminal because trayvon was wearing a hoodie. Hands in pockets, so now we know he was holding the can of tea in one hand and his cell phone in the other...with a bag of skittles in his pocket also-- heading to his dad's house. Was followed by a strange man in the darken night and if I was Trayvon? I wouldn't let this stranger know where I live either. Anyway this strnager NEVER identified who he was when he confronted Trayvon.

Third, GZ told the SPD he would meet them at the recreation center @ the gate community, but he didn't, he laid in wait for Trayvon at the back gate of the gated community, and Trayvon was hitting that way to his father's resident, george zimmerman didn't want TM to GET away as he SAID earlier upon conclusion as result of the 911 SPD dispatcher call placed by GZ.

So the analyzation of the facts by NucLEAR is sheer speculation, what facts? Other than there was a fight and we DON'T know who started a fight, other than the two PPL involved and one of the two is dead as a unarmed 17 year young teenager minding OWN business, profiled upon a conclusion by a paranoid fearful little short over weight fat punk walking with a gun as volunteer neightborhood watch person, of which mine you, the residents of the gated community did not know GZ was carrying a weapon and those spoken too as residents- would not agreed of such a thing with kids out and about.

George Zimmerman is a liar and has records of domestic violence a couple of times prior with the police department, made a deal with the courts( his daddy is a retired Judge) ans got off on his priors. He trying to do this again, domestic violence, only this time he murdered a kid.

This has NOTHING to do with a political stance at all, and if anyone is using this as a plead to protect this murderer who is CHARGE with 2nd degree murder! Then you need to ask the State proceutor who is a republican WHY she charged him with 2nd degree murder?

A bunch of political zealots who look at every thing from a political point of view, conservative vs. liberal, how stupid can you be?
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test43 says:
what a waste of tax payers money, we all know he will be set free.

all the evidence points to self defense, Trevor picked the wrong guy to bully.
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Aceduece says:
The loonies at Faux News will send out pleas for their crazy followers to send money for his defense.......after all, he did something that they approve of.
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samXXkiley says:
coucou,
Mark O'Mara, whatever the reason you will find to justify Zimmerman's act, or how much is spent for his defense, these are futile and unnecessary steps, there is a truth and evidence which no one can deny, your customer has persecuted and killed Martin Trayvo, justice must be done,
"au revoir"
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rwsmith29456 says:
Sounds more like Martin may have 'stood his ground' when threatened by Zimmerman who was directed not to confront him. The only difference is that Zimmerman had a gun.
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andie52 says:
Good luck Florida I have little sympathy for a family who has lied and connived their way though the justice system especially George and his wife who blew through a huge amount of money in the first 16 days from his now defunct website They aren't working because no one will hire these two losers Guess they found out the hard way.This is just another ploy by O'Mara to suck in some more donations
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amsdragonfly says:
This whole thing is stupid. Zimmerman probably spent a lot of that money on personal expenses while in hiding... who's to prove he didn't. The lawyer sucked most of it up too. Either way, he should not have taxpayers pay for his court fees. He should have to pay for everything himself if he was stupid enough to blow through $250,000 that fast.
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bmhay1 says:
"The facts don't seem to support a 'stand your ground' defense," O'Mara said. "My concern with even calling it a 'stand your ground' hearing is we need to be more realistic," O'Mara said. My, my, after 6 months of trying to fit the story to a SYG defense.



"I think the facts seem to support that though we have a stand-your-ground immunity hearing, what this really is, is a simple, self-defense immunity hearing," the defense attorney said. "I think the evidence in this case suggests that my client was reacting to having his nose broken and reacted to that by screaming out for help. GZ already stated HE started screaming help (if he really did) so that the Police would know where he was. Is this a legitimate hearing or something Mr. O is asking as a favor that the Judge make up for GZ? How is Mr. O going to prove that the screams are GZ's? University of Miami law professor Tamara Lave said."I think what he's saying is, his case is so strong that he doesn't need 'stand your ground. "Wishful thinking Prof. Lave, Mr. O already stated the facts don't seem to support a SYG defense, so in all due respect Prof., you just made a total A$$ out of yourself. Mr. O filed a writ with the higher court, the writ he was hoping to file late Monday dissects everything Lester has done since the beginning of the case. I wonder if Mr. O mentioned all the privileges Judge Lester allowed GZ?



The defense would like to move ahead, but 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. Well, back to square one, had GZ remained in an "indigent" status, he and his wife would not be in double trouble. IF Mr. O is telling the truth, GZ's donors have pretty much given up on him. I think GZ's extravagant spending of the $36K, the hiding of the money and who knows what he would have done with it, the sexual allegations, and GZ's lies affected GZ's credibility with his supporters, at least for their financial support. He still has plenty of well wishers, but he wants "funds." I don't think it will be a problem getting the OK to move out of state so that GZ and his wife can go to work, though I think they are pretty safe in Florida, but I don't know how employable.



So, SYG won't work per GZ's lawyer, but they will ask for it anyway, just in case, but think of it as a self-defense trial. I would assume GZ would still have the option of plea bargaining, or going to trial. If he plea bargained, he was hoping his supporters would keep donating to his "Trust" which is protected from all hands, and when he gets out, per Prisoner's Dilemma 2.0, he would be a rich man. I think they are still aiming for that. Anyway, time will tell. Blessings to all! But in closing, I realize everyone is entitle to a trial and you must remain positive, but Mr. O'Mara and GZ, your reference to, "this is a 'simple' self-defense' you arrogant SOB's, please remember, this case is anything, but simple; while only charged and not convicted YET, George Zimmerman pursued, provoked, shot and killed a barely 17 year old black teen for NO reason, other than GZ did not want this ***** to get away and because GZ needed to feel important as he play wannabe cop; and the Policia would have been there within a couple more minutes.
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vernique3 says:
It is necessary for the supporters of Zimmy to contribute more to Zimmys fund so that his lawyer does not have to beg. Its casts a bad light on Zimmys supporters when it appears that they don't support him enough to pay his lawyer. Maybe the many supporters only wish to see their name under comments and do not believe he is innocent. I recommend that all Zimmy supporters contribute to his fund so that honest taxpayers do not have to pay the bill.
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