Motion for acquittal: - Standard for Acquittal. The court must determine if any there's any evidence of ill will and hatred to get to second degree murder. See evidence in light most favorable to prosecution. In this case there are expletives, and claim George Zimmerman was a wanna be cop frustrated. He called before and those assholes got away. HUGE bridge to hatred and ill will. Hypothesis of self defense is not excluded by DA's case. We do not know who was screaming. Mom says yes. Brother does not know. George Zimmerman's immediate statement was he had screamed for help. Before he thought it was recorded. He has injuries indicating an attack by Trayvon Martin. How or when, maybe not, but no evidence to contra-indicate that. Nose, head, wet, screaming all indicate attack. No evidence to contradict George Zimmerman's story. No evidence in DA's case to contradict need for self-defense. Acquittal should be granted Walker, Barwick, and Woods, say that Judgment of Acquittal is appropriate is state cannot exclude hypo of non guilt Inference Sims says obligation to eliminate any inference of non-guilt. Stieh says def said self defense against aggrivated battery, once defense presented orima facie case of self defense, Court says should have been acquitted.. George Zimmerman made statements about his self defense. If State is right George Zimmerman would have to be genius at "protecting his murder." DA has no direct evidence Trayvon Martin was "followed", no evidence George Zimmerman left the "T" area until altercation. Nothing to support recontact with Trayvon Martin until Trayvon Martin doubled back. O'Makky runs the evidence where the fight occurred. Who said what before anyone knew anything for sure. Cites Jenkins 2006. Modernly, after 2006, in Florida, pretrial hearing on immunity based on self defense. O'Mara did not do that in this case. Chose trial. Trayvon Martin was aggressor, mounted George Zimmerman, did not stop when John Goode told him to, beat George Zimmerman up.
If you won't acquit, then the court must decide if this case should go forward as a Murder 2 case. Cites a concert fight case. Asks the court to get past the expletives, this is a concerned man out to better his community. *** One of the suspicious people George Zimmerman called in was caught and was sentenced by THIS JUDGE. Reckless behavior is not malice. Majority of cases show malice develops over time. Previous animosity. Here, none of that. Cases for comparison to our facts. High speed chase cases, Def. running hard in cars, as reckless as can be is NOT ill will spite or hatred. No transferred intent from reckless to ill will, spite or hatred. One guy went and got a gun in anticipation of more fighting, got hit again and killed both attackers. No ill will. One bar fight lasted minutes and victim, a bystander, stabbed by def, no ill will there either. More cases with hammers and stabbing and guns in altercations. Spontaneous fights seem to lack ill will hatred or spite. State has to disprove reasonable hypothesis of self defense. Negate hypothesis of innocence Walker is the law. If you don't want to acquit out right, then not Murder 2, no depraved mind evidence here.
DA says backwards. First, elements of second degree then discuss self defense. Intent and state of mind.. Gibbs 2005 pointing a loaded gun and firing it is depraved and indicates ill will toward target. Shooting someone in the heart is ultimate ill will. George Zimmerman thought he knew Trayvon Martin as "one of those assholes, fucking punks who get away. So he stopped his car and followed. DA says evidence: George Zimmerman says on phone to cops he thinks Trayvon Martin on drugs. He was smokin' pot but it can't come in and DA knows that. A homework assignment by George Zimmerman says he wants to hunt criminals so they don't get away. George Zimmerman didn't follow to be nice to Trayvon Martin. He had spite. Circumstantial evidence. Never announced he's Neighborhood Watch. George Zimmerman lies" about his whereabouts, for two minutes he cannot account for. George Zimmerman keeps changing meeting place with cops "for some reason." Argues George Zimmerman wanted to duck police to go get Trayvon Martin.. Lies..... Trayvon Martin jumped out of bushes, no, he was over there....all not true. Says he knew his neighbors but no one said they knew him. Not likely George Zimmerman didn't know the address? One person dead here, and one a liar. Ill will is evident.
Only hypothesis of innocence is self defense. Cases say for acquittal, George Zimmerman must admit to all the facts favorable to the prosecution. Prosecution not required to disprove innocence. Weight and credibility are for the jury. So St has met its burden re state of mind. Leasure 2012, says defendant needs to present a prima facie case of self defense. State has to rebut or by inference in case in chief. No witnesses in that case or this. Jury not required to believe def. Must consider the defendants credibility if the state presents credible evidence to the contrary. Here, more close a call. George Zimmerman was armed, bigger, fatter, attitude, these assholes, this suspect, contrary to training and instruction, a chase, an upright fight, then a rolling struggle. George Zimmerman has minimal injuries , lies were evident. Went on TV and lied about knowing Stand Your Ground was nick name for self defense law. Who was screaming? George Zimmerman said "doesn't sound like me." No more screaming after shot. Evidence is as consistent that Trayvon Martin was defending himself. Even assuming some form of Self Defense, inquire further, apprehension of GBH or death? George Zimmerman reasonable here? Why exaggerate injuries? Finally, George Zimmerman's account to best friend: George Zimmerman said he was trying ot squirm away from cement. Then Trayvon Martin saw firearm and went for it so George Zimmerman got it and fired? Impossible, Trayvon Martin had him pinned. Question: Who was defending himself? Hoffman case says no facts present to support guilt then acquit. If reasonable people could disagree it's self defense then motion to acquit must be denied. Question is whether George Zimmerman was reasonable to use deadly force. But if you want proceed, go forward on Manslaughter.
Counter: DA ignores what it wants. How do you get to ill will? Made up stories? Cops said stories were consistent. After two traumas. Got beat up and killed a man. Sure the stories were partial then more complete info over time. Cops say that's normal. George Zimmerman's Gods Plan comment is not evidence of ill will, O’Mara has said the same himself when loved ones lost. George Zimmerman's just a person trying to deal with it. Couldn't say I'm Neighborhood Watch, he got hit first. State wants you to believe some sinister motive for telling the cops where to meet him? Is that the moment George Zimmerman formed specific intent? No evidence of that. If he was hunting Trayvon Martin to kill,, he'd have had his gun out, If you look at all the evidence in favor of State, do they win? Yes, he shot him. Justified? Where's evidence otherwise.? Injuries are not necessary. Only fear of GBI necessary, and if George Zimmerman had it at time he shot, he should be acquitted. Was his fear reasonable? Trayvon Martin was not stopping. If cops had arrived two minutes earlier, no death. But George Zimmerman didn't know that. What if Trayvon Martin was receding from the attack and George Zimmerman grabbed him, held him and shot? No evidence at all. No ill will hatred and no contrary evidence to reasonable belief George Zimmerman acted reasonably in self defense.
MOTION DENIED.