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Friday, July 5, 2013

Zimmerman Case: State Ends its Case With Another Thud

Today, Trayvon Martin's mother and brother testified that the screams heard on the 9-11 tape were those of her son. The defense wisely chose to go easy and keep the cross-examination short. Martin's brother, however, had previosuly expressed unceratinty over whose voice was on the tape, which was brought out under cross.

Then came the medical examiner who performed the autopsy on Martin, Mr Shiping Bao. Mr Bao was one of the worst witnesses you could imagine. Unlike previous witness, Rachel Jeantel, Bao is supposed to be experienced and professional on the witness stand. He was anything but. He was argumentative and repeatedly talked over the defense counsel and the judge with his defenses of himself and his procedures. He tried to explain the difference between fact and opinion to the defense counsel, Don West. He repeatedly stated that certain procedures were not his job, but that of the technicians (who worked under him). He described how he had changed his mind about certain aspects of his original reports, for example, how long it may have taken Martin to die after he was shot, and the possible range of distance between the gun when it was fired and Martin's body (.4 inch to 4 feet).

Bao was just plain awful.

Then the defense made their motion for a dismissal of the case by Judge Debra Nelson arguing that the state had not proved its case to a reasonable exclusion of Zimmerman's version of events (which the state itself had put before the jury). Judge Nelson listened to the arguments and promptly denied the motion.

In my view, the motion should have been granted for the very reason Zimmerman attorney Mark O'Mara outlined above. However, that would have taken an act of courage on the part of the judge. It would have unleashed all the fury upon her. Instead, she passed it to the jury.

The defense has opened by putting on Zimmerman's mother and uncle, who have testified that the screaming voice on the tape was that of George Zimmerman

3 comments:

Findalis said...

I didn't know that the coroner can change his or her report a few days before they testify and without notifying the prosecutor and defense.

Gary Fouse said...

Finadlai,


Nor did I. Under federal law, this would have been a violation of discovery, but the judge ruled there was no violation of state discovery rules. Go figure. I was also taken aback by the notes the witness brought to the stand. Again, judge rules no harm no foul.

Findalis said...

If convicted Zimmerman could use this for an appeal and overturning of the conviction.