Sunday, July 07, 2013
Judge Rules Marijuana In Trayvon's System Inadmissable As Prosecution Rests
In yet another example of how the Zimmerman trial has descended into an attempted lynching,Judge Debra Nelson ruled that the testimony of Associate Medical Examiner Shiping Bao that Trayvon Martin had a substantial amount of marijuana in his system could not be introduced in court.
With the jurors out of the courtroom, Bao said he had changed his opinion from last year,admitting under defense questioning that he felt the marijuana could have affected Martin physically or mentally.
Judge Nelson had previously ruled that Martin's prior drug use was inadmissible, and she extended it to his use on the night of the shooting, thereby preventing the jury from including in its deliberations how it just might have affected Trayvon Martin's state of mind!
I have a feeling that Judge Nelson would definitely have wanted the jury to know if it could be proven that George Zimmerman had a beer or two with his dinner before making his neighborhood watch rounds.
The prosecution finally rested its case, after Trayvon Martin's mother (who had booted Martin out of her home only days before he was shot by Zimmerman) and his half brother testified that it was definitely Trayvon Martin screaming for help in the background of that 911 call. Of course, this contradicts what Trayvon's half brother and his father told police at the time when the tapes were played for them, but the prosecution hasn't got much else.
Gladys Zimmerman took a turn on the stand as well, claiming that it was definitely her son screaming for help, something that would seem to be logical given Zimmerman's injuries and the account of the only eyewitness who testified that he saw Martin on top of Zimmerman punching him out and trying make George Zimmerman's head part of the pavement.
But in all honesty, none of it matters. Judge Nelson had already disallowed testimony before the jury on IDing voices on the 911 tapes because the defense effectively provided expert witnesses including a top rated FBI analyst that there was no way even an expert could determine whose voice was yelling for help on the tape. The jury was not allowed to hear any of that testimony, as the matter was dealt with prior to them being seated. It's shocking and disturbing that Judge Davis would allow people with no expertise in voice identification and obvious emotional bias to testify 'identifying' who was screaming for help in front of the jury.
The prosecution has rested his case, and Judge Nelson rejected a defense request to acquit Zimmerman on the second-degree murder charge.
Defense attorney Mark O'Mara argued that the prosecution had failed to prove its case.
He said an "enormous" amount of evidence showed that Zimmerman acted in self-defense, and he argued that Zimmerman had reasonable grounds to believe he was in danger, and acted without the "ill will, hatred and spite" necessary to prove second-degree murder.
Prosecutor Richard Mantei countered: "There are two people involved here. One of them is dead, and one of them is a liar."
Mantei told the judge that Zimmerman had changed his story, that his account of how he shot Martin was "a physical impossibility," and that his wounds were not life threatening.
Judge Nelson refused to throw out the murder charge, saying the prosecution had presented enough evidence for the case to go on.Of course. What that evidence might be was not mentioned.
Judge Nelson has pretty much done what she could to beef up an extraordinarily weak prosecution case. There have already been credible threats of violence and riots if Zimmerman is acquitted, and it's obvious that the county wants Zimmerman found guilty no matter what.
Remember that the defense doesn't have to prove George Zimmerman innocent. It just has to show reasonable doubt...which the ironically, the prosecution witnesses have already done for them.
Not only that, but based on the way this trial was conducted, the defense would have ample grounds to have a guilty verdict tossed out on appeal.
The defense now has the chance to make its case. Stay tuned.