George Zimmerman's lawyer cancels April "stand your ground" hearing

George Zimmerman, right, arrives with his lead counsel, Mark O'Mara, for a hearing in Seminole circuit court, in Sanford, Fla., Tuesday, Feb. 5, 2013. / AP Photo

SANFORD, Fla. The attorney for the Florida man accused of fatally shooting Trayvon Martin says he won't need the two weeks a judge has set aside for an immunity hearing under the state's controversial self defense law.

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A look at Stand Your Ground laws

Mark O'Mara told Judge Debra Nelson during a hearing Tuesday that she could free up the final two weeks in April which had been set aside for George Zimmerman's immunity hearing.

O'Mara previously stated that he hopes to roll the "stand your ground" hearing into Zimmerman's second-degree murder trial, scheduled for June. He says that remains his desire. The judge has said she's open to that.

Zimmerman says he shot the 17-year-old in self defense after they got into a fight in February 2012. He has pleaded not guilty.

• Trayvon Martin shooting: One year later

In Florida, a person claiming self-defense is provided an immunity hearing, reports CBS affiliate WKMG in Orlando. In Zimmerman's case, his attorneys will likely argue that he shot Martin because he was in fear of his life and, therefore, should be immune from criminal prosecution.

The next hearing is set for April 2, WKMG reports, and Zimmerman's murder trial is scheduled to begin June 10.

[bradkt1]

The thing that is risky about a self defense plea is that it is known as a plea of "confession and avoidance." This means that the defendant is admitting that he committed what would otherwise clearly be a homicide but seeks to avoid criminal liability because he acted in self defense. THE BURDEN OF PROOF IS ON THE DEFENDANT!

I don't think that you are going to get a verdict in this case. I think that the most likely scenario is a hung jury.

[DevoutPlayerhater]

Zimmerman claims that he fired in self-defense after Trayvon punched him, broke his nose, then began pounding his head onto a sidewalk. While those assertions are every bit of self-serving; however, none of that would have EVER happened had GZ stayed in his truck and not gotten out to chase TM down on foot with a loaded 9mm gun and then try to DETAIN the boy against his will. GZ lost any claim to self-defense because he CREATED that situation, and under Florida law,"there is no self-defense when you create the situation." Vila v. State 74 So.3d 1110 (5th Dist. 2011).

[AttyFAM]

Thank you for the citation. that is very useful.

[Paroquet]

Look, Z called the cops, the cops told him how to behave. He didn't. It's unlikely the deceased provoked anything since Z's injuries show that he left his vehicle under his own volition and said injuries to his person weren't likely to have occurred in his vehicle.

Deduction: Z put himself in danger, suffered for his inability to subdue a person he presumed guilty of nothing, and then shot in outrage.

Z has a history of borderline vigilantism. Him harassing and summarily killing the innocent victim fits his profile.

The upside of all this is that Z will stand trial. That Justice will be done is anyone's guess.

[SadieMae68]

That is one possible scenario, but doesn't really fit the evidence that's been released thus far.

Nor does it even come close to Zimmerman's account, which by the way, is the only first hand account.

[imright100]

Injuries would not have happened if Trayvon had not inflicted them upon George. In this country, George is free to leave his vehicle.

[SadieMae68]

imright100 replies: rzarc2: I don't think Trayvon confronted him for fun... it was probably had an attitude about how nobody is going to follow me and he was gonna get in his face about it instead of just going on home. He'd be alive today if he would have.
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This is the exact point I've been trying to make since this story started.

But for some reason, many have disregarded this scenario as being an impossibility. This scenario makes the most sense and fits Zimmerman's account, as well as the evidence we've been made privy to.

[Beaner96]

Sharenelld replies: Agreed! These people can say what they have trained their minds to believe for whatever their motives are but the facts of this case are the facts! Fact is George lied, followed and confronted a scared kid on a dark rainy night for his own pleasure. He then had the nerve to shoot this kid in the heart while he pleaded for his life. As the NW all he had to do was stay in his car once he called the police and just watch instead of doing a foot chase to capture what he thought was a suspicious person. Now there is certainly more to this story but I am going to leave out what 'I Think' happened and just use the facts!
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This entire comment is based on nothing but false assumptions and is not based on fact!

[Paroquet]

I'm not aware of there are many "facts"...unless that you count that at some point, for some reason, Zimmerman exited his car, after calling the police, and being told by them not to.

Hard to get the back of your head bloodied against a padded headrest designed to prevent injury in the incidence of impacrt. Dont'cha think? Actually, it doesn't matter what you think, because it's a FACT that couldn't have happened.

Okay, so George was intervening...against what? The deceased had done nothing wrong insofar as the FACTS are concerned. But for some reason, George was out of his car and put himself in harm's way, accosting a young man about his legitimate business to prevent...nothing from occurring.

Facts, BEANER96. Just facts. Okay, maybe with a little Occam's Razor.

[aintfakin]

so how do you claim "stand your ground" when you are the one that initiates the confrontation?.....and against police orders
Put this little piggy in a cell for half the rest of his own life

[aintfakin]

dream on fool
the 911 transcripts prove it beyond a doubt
and a lot of past transcripts prove his petulance, arrogance and annoyance to the police.
the guy is nothing but a little man vigilante

[ReckonedTruth]

and nothing proves thus far that TM initiated the confrontation either..

[dutyforlife]

Stand Your Ground?!?!..... Zimmerman Needs to Stand on a TREADMILL.

Or maybe this is a Trial Tactic for sympathy.

Jodi Arias goes brunette and dons a pair of spectacles for her murder trial......Now Zimmerman goes LARGE and dons a pair of Moobs (Man Boobs)for his murder trial......This will be something to watch.

[ReckonedTruth]

his present appearance reminds you of zimmerman's other 3 domestic violence arrest record photos.. he was obese then also..

[ReckonedTruth]

@DEVOUTPLAYER HATER... you're on target.. and witness #8 is going to prove alot of things in TM's favor, ans Omara needs to know what TM cell phone has been sent away to CALI for anaylsis as EVIDENCE... that it was TM who was accosted by this vigilante who was trying to detain TM for the PD.. he was determined too and TM defended himself as an unarmed BOY being followed.. there's been NO evidence other than what the known LIAR-shooter stated about TM doubled back and simply attacked him out of NOWHERE? Really? the BOY had a can of TEA he didn't use it to hit GZ not once.. in other words he did use the can of TEA as a weapon..and i repeat no one as a witness SEEN who attacked who first..but we do have a witness on the phone at the time of the provocation who can speak on TM being afraid and he said SOMEONE IS FOLLOWING ME.. that is evidence for certain and that will proved that TM didn't double back AFTER GZ spoke to HIM..

[ReckonedTruth]

1) three prior domestic violence cases against GZ..FACT..
2) TM doubled back .. unprovable.. only the shooter's word..
3) GZ was attacked by TM first.. unprovable as fact upon GZ words..
4) his account does stand the test on word alone as TRUTH..has to be proven he telling the truth as an KNOWN liar with 3 domestic records..so its not a cake walk in the park for zimmerman in his favor..

6) the cell phone will prove she was there prior in conversation and what TM said to her about GZ following HIM(FACT) as Zimmerman claimed he didn't after the PD suggested he not too..

Anything else?

..

[Beaner96]

1. Three prior cases that were dismissed. Doesn't prove guilt in this case.
2. TM doubled back. Zimmerman is presumed innocent. The burden of proof is on the prosecution.
3. GZ was attacked by TM first. Zimmerman is presumed innocent. The burden of proof is on the prosecution.
4. Zimmerman is still the only first hand witness and will not be simply disregarded. his past proves nothing as far as what happened that night.
5. I don't know what happened to #5.
6. Noticing someone taking notice of you does not justify a beat down, sorry!

[rzarc2]

SnoopKK replies: You should feel ashamed for suggesting that race played any part whatsoever!
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PLEASE..................RACE IS a major part of this case in the eyes of many. You should feel ashamed of being ignorant of that FACT.

[Rafterman11]

Ironic that you should post that Bill White quote in the very same threat you accuse Sharpton of being a racist. You probably don't even see the irony.

[Beaner96]

Maybe because bill's quote is not racist.

SnoopKK is correct! the only thing that made this case about race, was Sharpton's false accusations, made purposely to get the Afro-Americans all stirred up! Which is exactly what it did!

[oldoc44]

Florida is rife with these wannabe kop, kick-butt (NRA enthusiast) types who itch for anyone to say or do something they can call provocative/suspicious so they can use their concealed-carry gun. This guy with his fancy kop gun and his need to be the on-task neighborhood watchman are typical of a dangerous mentality.

[littleredtop]

Actually, Florida is rife with young burglars who break and enter to steal for drug money. Those young burglars come in every racial makeup but are predominately of the African American persuasion and are all typical of a dangerous mentality.

[Sharenelld]

Agreed! These people can say what they have trained their minds to believe for whatever their motives are but the facts of this case are the facts! Fact is George lied, followed and confronted a scared kid on a dark rainy night for his own pleasure. He then had the nerve to shoot this kid in the heart while he pleaded for his life. As the NW all he had to do was stay in his car once he called the police and just watch instead of doing a foot chase to capture what he thought was a suspicious person. Now there is certainly more to this story but I am going to leave out what 'I Think' happened and just use the facts!