CONT'D:
In the interviews, Zimmerman says he took note of Martin because he was near a home that he had previously called police about. He also said "he was just walking casually, not like he was trying to get out of the rain," and he felt "something was off" about Martin.[189]
Zimmerman said he left his truck to find a street sign so he would be able to tell the police dispatcher where he was. He told investigators that he was not following Martin but was "just going in the same direction he was" to find an address, but admitted that he had also left his truck to try to see in which direction Martin had gone.[191] The altercation began, he said, when Martin suddenly appeared while Zimmerman was walking back to his vehicle. He described Martin at different points in the interviews as appearing "out of nowhere," "from the darkness," and as "jump[ing] out of the bushes."[191][192] Zimmerman said that Martin asked, "You got a fucking problem, homie?" Zimmerman replied no, and then Martin said that he did now, and punched him.[195] As they struggled on the ground, Zimmerman on his back with Martin on top of him, Zimmerman yelled for help "probably 50 times." (See Background sounds of yelling for help in 9-1-1 calls) Martin told him to "Shut the fuck up," as he hit him in the face and pounded his head on a concrete sidewalk.[192] When Zimmerman tried to move off the concrete, Martin saw his gun and said "You're going to die tonight guy!" Martin grabbed for the gun, but Zimmerman grabbed it first. He said after firing his weapon at Martin, he wasn't sure at first that he had hit him, so he got on top of him in order to subdue him.[191][192][196][dead link] Bystanders and police arrived shortly after Martin was shot.[197][198]
Police reports state Zimmerman "appeared to have a broken and a bloody nose and swelling of his face." Zimmerman was offered three chances to be taken to the hospital, but Zimmerman declined each time, according to police reports released by the prosecution.[197] ABC News reported that a medical report compiled by the family physician of George Zimmerman showed that, following the altercation with Martin, Zimmerman was diagnosed with a closed fracture of his nose, two black eyes, lacerations to the back of his head, a minor back injury, and bruising in his upper lip and cheek.[199]
In the course of Zimmerman's recorded interviews, Detective Chris Serino questioned aspects of Zimmerman's account, such as Zimmerman's statement that he didn't know the name of a street in the Twin Lakes community where he had lived for three years. Zimmerman said in response that he had a bad memory and takes medication for attention deficit hyperactivity disorder.[189] Investigators also questioned the extent of his injuries and why he didn't identify himself to Martin as a Neighborhood Watch coordinator. Zimmerman said he didn't want to confront Martin.[189][192]
On June 26, 2012, the prosecution released the results of a voice stress test performed on George Zimmerman the day after the shooting.[200][201] A voice stress test is a type of test used to measure deceptive or psychological stress in the human voice in response to questions.[202] Zimmerman was asked, "Did you confront the guy you shot?", to which Zimmerman answered, "No." Zimmerman was asked, "Were you in fear for your life, when you shot the guy?", to which Zimmerman answered, "Yes."[200] The examiner concluded that Zimmerman "told substantially the complete truth" in the examination, and Zimmerman was classified as "No Deception Indicated (NDI)" according to the report.[200]
During a bond hearing on April 20, 2012, Investigator Dale Gilbreath testified under oath that he did not know whether Zimmerman or Martin started the fight and that there is no evidence to contradict Zimmerman's claim that he was walking back to his vehicle when Martin confronted him. Gilbreath, however, questioned Zimmerman's statement that Martin was slamming his head against the sidewalk just before he shot the teenager, saying it was "not consistent with the evidence we found."[203][204][205] Gilbreath was one of two investigators who attested to the facts stated in the probable cause affidavit.[29]
Legal analysts have stated that Zimmerman's credibility could become an issue at trial and that Zimmerman's claim of self-defense rests on whether the jury can trust him "as a reporter of the facts".[206][207] Douglas Keene, a trial consultant and forensic psychologist, stated that in a self-defense case, a jury has to decide "whether or not someone can be trusted to have used good judgment. Credibility is always a paramount issue in any trial," he said.[206]
Harvard Law Professor Alan Dershowitz, who has criticized Special Prosecutor Angela Corey's handling of the case, said he believes that the video reenactment of the incident would help Zimmerman during a trial if it were submitted as evidence and shown to a jury, but he wasn't sure that it would be. Without going into detail, Martin family attorney Benjamin Crump referred to several alleged inconsistencies between Zimmerman's written statement and his recorded call to the police dispatcher.[191]
Zimmerman's first media interview
On July 18, 2012, Zimmerman, accompanied by his attorney Mark O'Mara, gave his first long media interview to Sean Hannity. Part of the interview appeared on Hannity that evening. During the interview he said that he did not regret his actions on the night of the shooting, but he also said, "I do wish there was something, anything I could have done that wouldn't have put me in the position where I had to take his life. I want to tell everyone, my wife, my family, my parents, grandmother, the Martins, the city of Sanford and America: I'm sorry that this happened. I'm truly sorry."[181][182][208]
When Hannity asked Zimmerman why his suspicions were aroused when he noticed Martin, Zimmerman replied in part:
I felt he was suspicious because it was raining. He was in-between houses, cutting in-between houses, and he was walking very leisurely for the weather.
It didn't look like he was a resident that went to check their mail and got caught in the rain and was hurrying back home. He didn't look like a fitness fanatic that would train in the rain.[6][7]
Following the interview with Hannity, Special Prosecutor Angela Corey filed formal notice that she intends to use the interview as evidence against Zimmerman.[209] According to an article in the Orlando Sentinel, Zimmerman's story differed in at least two details from previous versions of what he said happened the night he shot Martin.[209] Florida defense lawyers said it was a mistake for Zimmerman to do a TV interview and discuss what happened that night. One of them said, "It's really baffling what he thought he'd gain from it. I question who's in charge of the defense strategy, Zimmerman or O'Mara".[209]
Martin's parents said they don't accept Zimmerman's apology for killing their son.[210] Martin's mother, Sybrina Fulton, said she doubted that Zimmerman's apology was sincere. "I have a hard time accepting it because he also said that he doesn't regret anything that he did that night..." Fulton stated.[211]
Prosecution's account of events
The prosecution's account is largely contained in the affidavit of probable cause filed on April 11, 2012 in support of second-degree murder charges against Zimmerman. A conviction of second-degree murder could result in Zimmerman receiving a prison term of 25 years to life.[1] The affidavit states that it does not contain a complete recitation of facts, but presents only the facts to support probable cause for second-degree murder charges. Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause.[212] The affidavit describes what investigators allege took place between Zimmerman and Martin on the night of the shooting.[8][29][213][214]
The affidavit states that Martin was walking back from a nearby 7-Eleven store to the townhouse where he was temporarily living when Zimmerman profiled Martin, who was unarmed and not committing a crime.[8][29] Prosecutors stated that Zimmerman was driving in his vehicle when he observed Martin and assumed he was a criminal.[8] Feeling that Martin did not belong in the gated community where Zimmerman lived, he called the police to request for an officer to respond, because he perceived Martin was acting suspicious.[8][29] Investigators said the dispatcher told Zimmerman an officer was on the way and to wait for him.[8][29] In the call, Zimmerman made reference to people he felt had gotten away with break-ins in the neighborhood, and while talking about Martin, stated "these assholes, they always get away" and also said "these fucking punks".[8][29][214]
According to investigators, while Zimmerman was speaking with police, Martin was on the phone with a friend and described to her what was happening. She said that Martin was scared because he was being followed by an unknown male and didn't know why.[8][214] Investigators said that Martin attempted to run home, but Zimmerman followed him, because he didn't want Martin whom he falsely assumed was going to commit a crime, to get away before the police arrived.[8][213] When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and told him an officer would meet him.[29] Prosecutors stated that Zimmerman ignored the dispatcher's instruction and continued pursuing Martin on foot.[212] Investigators said Zimmerman then confronted Martin and a struggle ensued.[8][29]
The affidavit describes witness accounts of hearing people arguing, what sounded like a struggle, and yells for help that were recorded in the 9-1-1 calls to police.[8] According to prosecutors, Martin's mother reviewed the 9-1-1 calls to police and identified the voice crying for help as her son.[29][215] (See Background sounds of yelling for help in 9-1-1 calls) When police arrived at the scene, Zimmerman admitted to shooting Martin in the chest.[8][29] An assistant medical examiner conducted an autopsy and determined that Martin had died from the gunshot.[8][29]
Legal analysts have criticized the prosecution for over-charging Zimmerman, claiming that the probable cause affidavit does not support a charge of second-degree murder.[216][217] Harvard Law Professor Alan Dershowitz claims that the probable cause affidavit may be perjurious if Special Prosecutor Angela Corey knowingly omitted facts favorable to Zimmerman's self defense claims.[216]
Richard Kuritz, a former prosecutor who worked with Angela Corey, said the state attorney had no obligation to include exculpatory evidence in the affidavit. He stated that Dershowitz could face civil action for making accusations that Corey committed a crime. "To suggest that she's committing any crime, Dershowitz is way off on that", Kuritz said.[218]
Background sounds of yelling for help in 9-1-1 calls
In recordings of the 9-1-1 calls, yells for help are audible in the background. Zimmerman's family says it was Zimmerman yelling for help, Martin's family says it was Martin yelling for help, and independent audio analysts offer differing opinions as to who was yelling for help.
In an interview with prosecutors on March 19, Zimmerman's father identified the yells as George Zimmerman's, stating, "There is no doubt who is yelling for help. It is absolutely my son." Other relatives of Zimmerman, including his brother, concur and are equally adamant.[219] During a bond hearing on June 29, the 9-1-1 recording was played in court, and Zimmerman's father testified that "it was definitely George's" voice heard yelling for help in the recorded 9-1-1 call.[220]
According to police reports, after listening to audio recordings of the 9-1-1 calls, Martin's father, Tracy Martin, told police investigators that it was not Trayvon Martin's voice yelling for help.[197] Martin has since told reporters he was uncertain at that time, but that when he heard an enhanced recording on March 16 he was convinced it was his son yelling for help. Investigators interviewed Martin's mother, Sybrina Fulton, who reviewed the 9-1-1 calls to police and identified the voice crying for help as her son.[215] Investigators also interviewed Martin's cousin who stated that without a doubt "on a stack of bibles" it was Martin yelling for help on the 9-1-1 tape.[221][222]
During the FBI investigation, Witness 45, a neighbor of Zimmerman's, stated he was 110% sure the voice calling for help was Zimmerman's.[223][224]
Independent audio experts vary in their interpretations of the low-quality audio of the phone recordings, which one expert compared to analyzing low-resolution video from a security camera.[225] The FBI was not able to determine whether it was Zimmerman or Martin who could be heard yelling out for help in 9-1-1 calls, citing both poor audio quality and "the extreme emotional state of the person screaming."[197][226] Two expert audio technicians, listed as possible witnesses for the prosecution, analyzed the emergency calls made during the altercation. One analyst reported that he believed some of the cries came from Martin. The other analyst said the quality of the recordings was insufficient for good analysis, but said some cries were likely from Martin and some likely from Zimmerman[227]
Zimmerman's attorneys had requested a Frye hearing regarding the admissibility of the testimony of the audio analysts, to determine if the methods used by them are generally accepted by the scientific community.[228][229] At the time of the hearing, Florida used the Frye standard, but during the course of the case, Florida switched to the Daubert standard standard, effective July 1, 2013.[230] The Daubert standard is generally considered more stringent, and requires more scrutiny before admission of expert testimony.[231]
On June 22, Judge Nelson ruled that the prosecution's audio experts won't be allowed to testify at Zimmerman's trial. The judge said in her ruling that, "There is no evidence to establish that their scientific techniques have been tested and found reliable." Her ruling didn't prevent the 9-1-1 calls from being played at trial.[232][233]
http://en.wikipedia.org/wiki/Shooting_of_Trayvon_Martin
