Zimmerman Bail Revoked: What Does it Mean For His Defense?

George Zimmerman has been ordered by a Florida judge to surrender himself within 48 hours. The reason is apparently, the information Zimmerman gave the court regarding his financial situation during bail considerations was not accurate. At this point, we have to see whether a new bail will be set, or he will remain in custody as a flight risk. There is also a question of a second passport.

There are different takes on how this incident may impact Zimmerman's defense-especially if he testifies. The prosecution could seek to use this issue-depending on how it is resolved-to attack Zimmerman's credibility if he indeed lied to the court. The judge would have to consider whether its probative value outweighs its prejudicial value in judging the charged crime of second degree murder.

I still maintain, however, that the burden on this case is for the prosecution to refute Zimmerman's version of the events beyond a reasonable doubt. Even if, assuming he testifies, the prosecution shreds his credibility over this bail problem, they still must contradict his version of the event. As for what has been released, most of the evidence tends to corroborate his version; the injuries, eyewitness testimony, and even the 9-11 audiotape suggest that while he did follow Trayvon Martin to a point, he appeared to lose him and was returning to his vehicle when the confrontation occurred. Believe what you will, but if the prosecution cannot prove that Zimmerman's account is false, he will be acquitted. In fact, while I don't know how Florida criminal law works, if the prosecution rests without meeting that burden, I would expect the defense to then make a motion to the judge for a directed-verdict of acquittal without the defense having to present its case and without the case going to a jury. Under those circumstances, I would expect the judge to grant it.