Who Was on Top?  Trayvon or Zimmerman.

DO NOT REPEAT the answer you got after every question. Take the info, go forward with it if you want, but do not repeat it and then say Right? Why do that? Do not give the witness another shot.

And watch for the guy who repeats the answer not quite the same way and has it adopted. In argument he can then say his version was the "clarification" of what the witness meant. The second DA is a past master at that but the King of all that is the young DA who got the withness to refer to the defendant today as "the guy on top " for almost the duration of his examination. He was thrilled to bits, "Where did the man on top walk to and do and on and on? What else did the man on top do?" Even the witness began to say Well, the man on top did this and that. POW

This witness did see some of the struggle and had assumed that because she saw orange as in Zimmerman's jacket, up high in the air above the two prone and struggling forms that the man with the orange jacket is on top. No cross about the up in the air flailing of the arms of the man on the bottom who had orange sleeves and therefore could appear to be "the man on top" in the dark The other day the prosecution made the point that the man who stood up after the gunshot was the defendant and today, the DA was able to add that he was also the "man on top.. The inference will be that if you are on top you don't need to shoot the man dead. T'aint so necessarily, but it was a good shot by the DA.

The ear witnesses to the fight all have the two fighting men traveling, first running then rolling, they think, from right to left past their homes which are in a line, and then when any of them looked out the men were where they ended up. No one saw the beginning of the fight and the telephone friend on with the victim and then cut off cannot say what happened. So a running fight and the coincidence of ending up on top is looming as an issue.

So all day today was this mechanical drilling of the surrounding home owners about where do you think the screaming came from, where was your neighbor when you saw him? Who approached you, what did you say, etc. It's all about the fight and the body being face down but they never actually got to it.

Marx Brothers relief occurred when the DA's final homeowner was called. She was a gorgeous Latin lady architect . OK, so what, but by that time I'm sure the jury is bored to bits so here comes a show pony. And she was Spanish speaking so she had all her rat a tat tat. She never got moved around by questions and she said she heard what she thought were kids and the gunshot sounded like a skateboard hitting the sidewalk. Where? Over there somewhere. She saw defendant "crouching" over the man on the ground after the gunshot. That is, knee or knees on the ground and one hand on the ground as well. Then that man who by now is referred to as "the man on top" walked to and fro but never away.

Learn your trial objections. Defense pops up with relevance when it's hearsay. DA said if you stip to authentication then you've stiped to admissibility and you've waived relevance? Huh? Big sidebar about that. They're at the bench all the time because they are not allowed to make speaking objections And, since they don't know their objections, they're at the bench too often Judge is fed up with that and has started having them state their objections for better or worse and then ruling. Sometimes the judge says That's the wrong one and the guy shrugs because he didn't know the proper objection to begin with though he was correct that there was one and an objection was needed. Study.

Bit of a hit for the defense came when O'Mara opened the door on Reputation Evidence by saying to one of the homeowners "Do you know Zimmerman and she says NO. And he goes on with Did you ever see him lose his temper or be grumpy or get angry etc. Then "Ever hear of such a thing?" POW to the moon. In like a shot comes a mutual restraining order between Zimmerman and his then girlfriend in which she claims he smacked her. And an assault on an officer in a bar which was reduced to a MD and then dismissed. But there it was . Careful out there.