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Mari Fagel

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George Zimmerman's Second Bond Hearing a.k.a. the 'Mini Trial'

Posted: 07/05/2012 10:13 am

On Friday, George Zimmerman's defense attorney Mark O' Mara brought in Sanford EMT Kevin O'Rourke to testify about the injuries his client sustained the night of the shooting, including lacerations to the head and face. He brought in Zimmerman's father, Robert, to testify he's "absolutely sure" it's his son screaming for help on those 911 tapes. He played a video of George Zimmerman reenacting the altercation for police shortly after the shooting. He entered in a lie detector test as evidence, in which his client is asked questions about the night of the shooting, and according to the test operator, passed the test. He argued to the judge that second degree murder was an "improper charge" and that there is a strong argument for "self defense" and no evidence of racial profiling. Mark O'Mara put on a very strong case, for a murder trial that is.

The purpose of a typical bond hearing is solely for a judge to secure a criminal defendant's presence at future court proceedings, judging factors like whether he is a flight risk or has an amount of money that would enable him to flee. The basis for this bond hearing was to determine whether George Zimmerman should receive a higher bond or a revoked bond given the state's argument he intended to deceive the court about his financial circumstances at the original April hearing.

As to that question, Mark O'Mara put up a financial expert to testify about the money trail, making the case that Zimmerman made so many transfers because he was following the rules of PayPal that no more than $10,000 can be transferred at one time, not to try to hide his money. "Hiding is done by cash," said expert Adam Magill. "You don't hide money by transferring to banking." Yet, prosecutor Bernie de la Rionda did an excellent job on cross-examination, pointing out inaccuracies in Magill's testimony and the fact that Magill wasn't even aware that Zimmerman had transferred some money into a safety deposit box.

O'Mara also put Zimmerman's probation officer on the stand to testify that the defendant has always followed instructions and has been polite, to support the idea that Zimmerman is not a flight risk and never had any problems with the GPS monitoring program he was placed under following the first bond hearing.

O'Mara even spoke to the judge on behalf of his client, saying that George Zimmerman lied out of fear, he was scared, he had been kicked out of his home, his school, his job and he distrusted law enforcement. O'Mara said his client should've spoken up when he knew his wife lied under oath, but that "I don't know what goes on in the mind of a 28-year-old." He made the case that George Zimmerman never intended to deceive the court. That statement, paired with the testimonies of the financial expert and the probation officer, would have been enough for O'Mara to try to make his case that George Zimmerman deserves to remain out on bond.

So why did he give the judge eight to 10 hours of evidence to consider? Why did he essentially play all his cards in round two of what's going to be a long battle? Just like at the first bond hearing, O'Mara was looking way beyond the courtroom, knowing the cameras were broadcasting every moment live, and thinking this was his shot to play out the case for the press, for the public, for potential jurors.

If prosecutors have taken opportunities to throw George Zimmerman under the bus in the press, releasing jailhouse calls, charging his wife with perjury, then why can't he do the same? Due to the mounting evidence released by the state showing Zimmerman talking in code and transferring funds, in the minds of potential jurors, he has a serious credibility issue. Some may think, if he lied about this, is he lying about what happened the night he shot Trayvon Martin?

Yet, O'Mara wasn't about to accept defeat so quickly or so easily, so he took the opportunity to use Friday's bond hearing to try to sway public opinion of his client. He knows the news outlets are covering his every word, so why not build his case that George Zimmerman did not initiate the altercation, that he was fighting for his life, that he shot Trayvon Martin out of self-defense. All of this has little to do with the issue of whether his bond should be revoked, but everything to do with what potential jurors think of his client. This hearing wasn't about the fact that his client may have lied to Judge Kenneth Lester, it was a second chance at having the stage as the cameras roll and the viewing public watches.

Will Judge Lester revoke George Zimmerman's bond? I don't think so. I think he'll raise it substantially to reflect Zimmerman's true financial circumstances, and make it difficult for Zimmerman to secure the funds necessary to keep him out on bond. Yet, that's beside the point, because Mark O'Mara has shifted the focus of Friday's hearing from the fact that Zimmerman deceived the court to the entire nature of the crime itself. So, once again, we saw a sneak peak of what the upcoming trial could be like with Mark O'Mara showing prosecutor Bernie de la Rionda exactly what he's made of.

 

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On Friday, George Zimmerman's defense attorney Mark O' Mara brought in Sanford EMT Kevin O'Rourke to testify about the injuries his client sustained the night of the shooting, including lacerations to...
On Friday, George Zimmerman's defense attorney Mark O' Mara brought in Sanford EMT Kevin O'Rourke to testify about the injuries his client sustained the night of the shooting, including lacerations to...
 
 
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HUFFPOST SUPER USER
dbrett480
01:22 PM on 07/22/2012
Generally the probation department and the DA advise the judge in determining bail. I guess in this trial, the judge would rather waste money on experts.
02:25 PM on 07/07/2012
If Zimmerman felt he was in danger or in fear of a drugged-out, criminal instead of a teen walking slowly at night in the rain,talking on the phone with his friend and looking forward to his candy,drink and the game, why didn't he immediately knock on doors to ask for the assistance of his watch buddies? He was the neighborhood watch captain..More than likely one would alert the others, telling them that the police was on the way and help was needed to observe his dangerous teen?. So, why would GZ follow TM by himself, chase TM, and when he was faced to faced, passively looks for just a cell phone? Why would GZ ask a stranger walking around with a flashlight to take a picture of those minor injuries, 3 minutes after he killed TM? Do anyone really know if TM caused the minor cuts and injuries or could that have been caused by a flashlight and someone willing to set the scene in favor of GZ. Why would TM, who spoke of the creepy stranger, hide in the dark with only candy, drink and a cell, to take on an adult with access to a car and possible a loaded gun? TM had not prior history of fighting. Just asking. The truth will prevail.
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maoticamison
11:52 AM on 07/06/2012
"I don't know what goes on in the mind of a 28-year-old."
Your honor he's just a scared young man...sometimes it's hard to remember what it's like to be so young.
"He argued to the judge that second degree murder was an "improper charge" and that there is a strong argument for "self defense" and no evidence of racial profiling. Mark O'Mara put on a very strong case, for a murder trial that is."
Basically your honor if that suspicious character had'nt dragged my client from his vehicle and began, for no reason whatsoever, beating him until he feared for his life, my client wouldn't even be here today.
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12:47 AM on 07/06/2012
I'm still betting that he's gonna walk. The prosecution over-charge(second-degree murder) will not be proven. The jury might agree on manslaughter, but rolling around on the ground with injuries will be enough to confuse the jury. There WILL be reasonable doubt. Physical evidence, dubious(?) witness testimony, contrary statements, plus he'll take the stand(although it might not be necessary), all will factor IMHO with enough confusion that a unanimous verdit will be near impossible. Hyperbole alert: There is not a news event in the next year(election included) that can escape the over a nal-ization that this story has had and will continue to receive. As the trial nears prepare for a media onslaught of epic proportion. 24hr HLN.
09:16 PM on 07/05/2012
I'm fed up with people distorting the facts of this case. A civilian dispatcher with no authority ask Zimmerman if he was following Treyvon, Zimmerman said yes and she said "we don't need you to do that" and he said OK.

Treyvon had skin missing from his knuckles.

Recanting your initial statements to police is a crime and those people should be charged with making false statement to a police officer.
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05:29 AM on 07/06/2012
"Treyvon had skin missing from his knuckles."

...and now he life missing from his body.

So what if the dispatcher had no authority? People follow the guidance of dispatchers all the time, especially under stressful circumstances. The reason Zimmerman had the courage the to follow Treyvon was because he was armed, which means he went looking for trouble.

Leave other people alone, and don't follow them. How about that?
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Robert SF
06:48 PM on 07/06/2012
It really doesn't matter. It could have been a friend who said, "Let it go, man." Either way, it was the "voice of reason," which he made the deliberate decision to ignore. That will go to his "recklessness," helping convict him.
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tnkeating
Dyslexic agnostic insomniac
09:02 PM on 07/05/2012
Better to ask why did the media put him on trial and convict him from day one?
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kathy smelser
02:00 PM on 07/06/2012
or better why did he and his wife lie to the judge if he is such a good person ?Zimmerman lived in that neighborhood for a long time ...and he did not know the name of the streets around his house ? why didnt he call the real police from the very beginning ? what made him think that he is a law officer ? with all his buddies on the police force he did not learn much about the law
08:49 PM on 07/05/2012
what i think is strange on this case is there is no voice recordings of martin you would think somebody has a message from him on their cell phone. you would think the martin family would want a voice of trayvons to help prove who was screaming for help unless trayvons voice is so far off of the screams it will be easy to know it was zimmerman screaming for help.
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Tim Berton
12:14 AM on 07/06/2012
Didn't Martin record his own message for his own voice mail account?

I think the lack of a recording of Martin voice being given to police indicates that Martin's voice was deeper than Zimmerman's, and Martin's family and friends and the prosecution don't want that known.

Why couldn't the police have questioned Martin's teachers and asked them if his voice was deeper than a recording of Zimmerman's voice?
01:01 PM on 08/16/2012
It happens. I don't have any voice recordings of my spouse, family or anyone. I delete the messages after I listen to them no matter who they are from. Don't need to save them. My husband and oldest son don't have a message on their phone to listen to when you call them and they don't answer. I do and my youngest son does. As for Zimmerman, there was no reason for him to scream like that, he didn't have a gun pointed at him; but, if you listen carefully after the shot, there is a quieter "help me, help me" with less energy - possibly after George turned him over and pressed him into the ground to be certain he was dead before the police came around the corner?
07:29 AM on 08/18/2012
your oldest son dont have a message on his phone but if you needed his voice to prove his innocence you would think his girlfriend one of buddys a family video maybe a friend used his phone to record a video of your son doing something with his voice on it. you would think you could find it someware unless you don't want out because he wasnt screaming for help. the only time trayvon had a gun pointing at him was a second before he was shot trayvon had had no reason to sceam for help if your winning the fight
08:19 PM on 07/05/2012
Many disagree with Lester's opinion that the case against Zimmerman is strong. Zimmerman walks unless the prosecution can show beyond a reasonable doubt that either he could have escaped Martin ( but a credible witness swore that he definitely was underneath Martin shortly before the fatal shot) or he didn't have a reasonable fear of death or serious injury from Martin (apparently they will argue that the injuries weren't that bad.) Or maybe he thinks it strong because the state has better lawyers than the defense and that is all important in the US adversary system. The prior sentence is a silly attempt at humor.
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08:41 PM on 07/05/2012
Z could and should have left T go on his way. Z armed himself and went out of his way to track, intercept, confront and provoke the altercation. He might have been losing the fight but it was still his responsibility.
T was a 17 y.o unarmed juvenile simply going about his business.
If one considers the Judge's bond ruling issued today ( http://scr.bi/MMGvGk ) Z is developing a reputation as a manipulator of the Court system and this cannot work in his favor. I believe the Judge and Jurors will be aggressive against Z in their decisions.
09:21 PM on 07/05/2012
2N2B5 has explained it exactly. If they can get jurors that like him will ignore what the law is and instead just act to carry out justice according to their emotions on the matter, then the prosecution may prevail.
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Tim Berton
12:10 AM on 07/06/2012
Zimmerman has a strong case for self defense because Martin was slamming his head against concrete, effectively a deadly weapon. Even one head hit on concrete can kill or cause permanent damage so it is very easy to see why Zimmerman was afraid.

Many people successfully claim self defense even when they suffer no injuries and could have easily run away.

Zimmerman was injured and could not flee because Martin was on top of him.
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homer winslow
Truth in Beauty, Beauty in Truth
11:08 AM on 07/06/2012
But of course had Zimmerman not stalked Trayvon with a gun, none of this would have happened.
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camanokat
Outta this world
12:02 PM on 07/08/2012
That's only if you believe the lying Zimmerman's story. I don't.
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SnowOwlFan
05:25 PM on 07/05/2012
Zimmerman surrendered to police before his first bail hearing even though his life had been threatened by the New Black Panther Party's "bounty". When his bail was revoked, he voluntarily surrendered to police again. These facts should be considered when setting bail. Zimmerman does not pose a flight risk.
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VirginiaDreaming
Violence is the last refuge of the incompetent
09:56 PM on 07/05/2012
You are absolutely correct. Zimmerman does not flee, he just shoots. Even if the person he was pursuing decides to turn back and fight.
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SnowOwlFan
09:03 AM on 07/06/2012
He turned himself in to police twice, voluntarily to face the charges you are misstating, Virginia. Angela, Trying to minimize the amount of bail you have to come up with doesn't make you a flight risk. Having more money generally means you have more to lose if you flee. His finances have nothing to do with the original crime, and being made to reveal them comes very close to an illegal search and a violation of Zimmerman's privacy rights.
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Angela Fogle
11:01 PM on 07/05/2012
Did he have a choice? I mean, really???

Everybody and their mommas know GZ, how could he attempt to leave prior to being officially charged?

He also voluntarily lied to the court about having 2 passports and his attempted to hide 130K!

From the looks of it, GZ is a stand up citizen! LMBO
04:35 PM on 07/05/2012
The prosecution over-reached due to political pressure. He'll never be found guilty of second degree murder and will be a free man. He clearly has enough evidence for reasonable doubt. Then there will be a civil trial which he may lose, because it was his actions that caused the altercation. Or maybe not, maybe a jury will see him as a neighborhood watchmen who was attacked and beaten and used justifiable force. I actually hope so, I think he was an over agressive want-to-be cop that was attacked by a troubled kid with a chip on his shoulder. Zimmerman was wrong but his life is gonna be helI no matter what happens.
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11:03 PM on 07/05/2012
When you chase someone down, that pretty much makes you the aggressor.
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kathy smelser
02:09 PM on 07/06/2012
case closed
02:48 PM on 07/06/2012
Following someone is aggressive, punching someone in the face then bashing his head into the concrete is more aggressive.
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kathy smelser
02:11 PM on 07/06/2012
he brought it on him self ....i hope he spends the rest of his life looking over his shoulder ....never feeling free ....sometimes justice takes time
02:47 PM on 07/06/2012
There had been break-ins in the area committed by young black men. He was in the neighborhood watch. Being a snoopy A hole that watches people in the neighborhood doesn't deprive him of the right to defend himself if someone attacks him and bashes his head into the concrete.
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Wistfulslinking
World traveller, bon-vivant, writer..
04:25 PM on 07/05/2012
O'Mara knows what he's doing. Corey, not so much.
12:27 AM on 08/07/2012
LMFAO, great delusions you have
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HUFFPOST SUPER USER
Wistfulslinking
World traveller, bon-vivant, writer..
10:49 AM on 08/07/2012
Harvard law professors agree with me, not you.
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cowanln
There are worse things than
03:30 PM on 07/05/2012
Excellent Article. O'mara is a good attorney. I just don't think anyone is going to save this guy when the question of "why he got out of his car" is asked. This seems to be the catalyst to this entire situation.

Without some profiling and a want for confrontation all you have is a kid walking down the street and a guy sitting in his car.
09:06 PM on 07/05/2012
He claims he was walking back to his car when he was attacked.
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05:32 AM on 07/06/2012
Yeah, he claimed that Treyvon dragged him out of the car, wrestled away his weapon and shot himself.
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JBS
Part time misanthrope & full time curmudgeon
04:21 PM on 07/07/2012
Which is an admission he got out of his car to pursue the victim.
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SouPro
Southern. Progressive.
08:17 AM on 07/06/2012
Which would only strip GZ of SYG immunity. He would still have a plausible case for self-defense.
12:13 PM on 07/05/2012
O'Mara did a smart thing by bringing evidence that was in favor of George. Excllent idea to put it out there which could sway public opinion in George's favor, as well as enlightening the judge with information, I'm sure the prosecutor did not point out.
02:44 PM on 08/05/2012
Note that prosecution raised the dare and stated the State was ready to begin trial right then and there. GZ and OM snapped their mouths so tightly shut, GZ stopped snoozing and looked to the judge in true prayer that the judge didn't say, "Yea, let's go." My only point is that if GZ really believed he defended himself from an unprovoked attack, he would have gone forward immediately after the first time he bonded out instead of worrying about how to raise more money and where to live while he hoped this would just go away. He would have went forward when it seemed to appear that he had ear witnesses and glancers who supported his position. What was and is he waiting for?
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12:02 PM on 07/05/2012
Bail is at $1M...
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05:35 PM on 07/05/2012
And the Court's reasons why are presented here.

http://www.scribd.com/doc/99210750/Zimmerman-Bail

Fascinating read.
08:36 PM on 07/05/2012
Whoa.

"There was other evidence presented through the probable cause affidavit and the testimony of Dale Gilbreath, an investigator with the State Attorney's Office, that the Defendant's actions were imminently dangerous to another and that he acted with a depraved mind regardless of human life."
08:45 PM on 07/05/2012
Good grief, I commented before I read through the entire document. Starting on page one it's very damning, and does not let up. This does not bode well for Mr. Zimmerman, to say the least.
11:50 AM on 07/05/2012
Free this guy. Trayvon´s parents have Trayvon Martin´s school records sealed. Why don´t some reporters dig and start asking bus drivers about an incident that appears to be an assault on an adult who was employed transporting students? Could a 10 day suspension only be due to marijuana residue
on a bag or due to much bigger issues that they couldn´t nail little Trayvon the angel on? This "martyr" has a lot of question marks written on his alleged innocence. Also videos appear to suggest that Trayvon was at 7-!! much longer-possibly trying to buy a cigar (s) to make (or to sell??) marijuana blunts. The counter person seemed to be declining a request to buy something.

Any sane person would´ve wanted to kill Trayvon if they were put in a situation like this.
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HUFFPOST COMMUNITY MODERATOR
Gudrun
My micro-bio is empty
03:13 PM on 07/05/2012
Yikes, so if I get shot by a stranger, someone is going to demand to see my school or work records? I don't think so.
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HUFFPOST SUPER USER
Wistfulslinking
World traveller, bon-vivant, writer..
04:27 PM on 07/05/2012
I think so.

If Martin did violently swing at a teacher only a few weeks prior, it proves he physically attacks others without provocation.

We shall see. I would have subpoenaed the records long ago.
04:28 PM on 07/06/2012
If the stranger was just trying to defend himself and now is going to jail sure get the school records.
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cowanln
There are worse things than
03:35 PM on 07/05/2012
Are you serious with this comment? I don't even know where to begin. This is a minor why would his parents be asked to release his school records?
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SnowOwlFan
05:19 PM on 07/05/2012
Since Martin is dead, his juvenile and school records are no longer confidential.
05:26 PM on 07/05/2012
yes, he is serious, that is what makes makes it even more frightening and sad.