OFFICER CHRIS SERINO: Investigator. Trayvon Martin's (TM) dad came to the station with his girlfriend and complained to Serino that no arrest had been made in his son's killing. (Glimpse of Dad in audience shows him trying to control breathing, in the nose, out the mouth.) To the Bench. ( All this is about getting in testimony that TM's dad did not think it was TM's voice when he heard the 911 tape that day.) Ongoing investigation: Met with TM's dad some days after shooting, Serino brought them in again to update them. Played the 911 recording for them. Sorino at desk, Martin and fiance behind him looking over his shoulder at computer screen. Played all tapes for them. Clearly audible. Reaction was emotional. Asked dad is that your son's voice? He said "No" under his breath. Didn't ask to hear it again. He wept. Fiance consoled him. Didn't ask her about the voice. CROSS-X A Sgt. Sysler was also there but he didn't see Singleton. Difficult to talk to families? Are you sensitive with them? Inform Dad that he's going to hear recording of the death of his son? Gut wrenching for parent? His reaction appropriate? A: Yes. Yes. Yes. Very emotional. Q: Did Dad heard gunshots? A: Yes. I shared all info with him. Q: Then you asked is that your son's voice? A: He looked away and whispered No it was not. Q: So it's your opinion he said it was not his son? A: Yes. Q: It could be he was in denial? A: Yes. RE-DIRECT - Q: Why ask him who it was? A: Investigation. At that time there was no dispute as to who's voice it was. Later it became an issue. Off. Tim Smith took very first statement from George Zimmerman (GZ) that GZ had called for help and no one came. Eye/ear witness John Goode saw and heard GZ struggling and screaming and said it was GZ screaming. So TM"s dad's answer was consistent Dad never asked to hear tape again and never said he wanted to 'change mind?" Girlfriend did not disagree. Serino understood what question the man was answering. DA points out GZ said "doesn't even sound like me." Serino says that's typical of person who hears his voice recorded. People often don't recognize their own voice. Didn't take it as GZ's denial that it was his voice.
OFFICER DORIS SINGLETON: police officer who took GZ's first statement at the station. (She was called as a witness before Off Serino to set the scene and then she came back to say she that she heard "No, it is not my son," ) She was with Off. Serino for the more in depth second statement. Q: Remember investigator Serino met with TM's father? (Bench, hearsay called for.) They go on... ( No quotes.) Two days after shooting TM's dad Tracey Martin was concerned that no arrest had been made. Serino explained it was the beginning stages of the investigation. 911 tape played for Dad. Dad reacted, no quotes but he was sad and "very upset" and he cried. Response to question is that your son's voice? Objection. Hearsay. Then, she was within 10 feet from Serino's interview of TM's dad and fiance. Gave them space but listened. Serino asked Is this your son's voice? Dad was weeping after the sound of the gunshot but he said "No." It was not his son's voice. Off. Singleton was choked up too because she has kids. She said she felt bad for him.
ADAM POLLACK: Trainer at his own gym for 14 years. Started in gyms as athlete in various sports. and then became trainer. MMA is punch/kick fighting. He competed himself. Brother was Mr. USA. He "corners" for all levels of competitive fighting. 20 plus years. MMA very popular these days. "Ground and Pound" explained. Throw them down, hold em down, mount on top and punch downwards. Demo mounted position on attorney versus guard position. Person on bottom would reach and hold, or "shrimp." Mounted is on top so downward blows more powerful. "Shrimping" is moving away and can throw the person on top off balance. ( GZ was "shrimping" away from cement.) On bottom the person is virtually helpless. Met GZ in 2010, came in to lose weight and get fit. Different classes for different schedules. He took grappling, like wrestling. Shrimping was one skill taught. GZ took 2 to 3 classes a week GZ was a "rank beginner." No sports background. On 1 to 10, GZ was" less than one." Trained less than a year, took some boxing. Stopped coming to gym after incident. After all that time he reached one, on a scale of 1 to 10. He was hard worker but no athlete. Never "ranked." Can't effectively punch. Improved himself physically , lost weight very well but he's no boxer. Saw GZ after event. He was beat up and traumatized. "Like a continuing state of shock." GZ told this trainer that he had used "shrimping" in fight. ( obj, sustained) GZ was non-athletic, He was physically soft. Not much strength. CROSS-X Shrimping is to get to better position. Three minute round is a long time. A: One minute of grappling can be an eternity if you're not fit for it. Further, he said that grabbing the top person's arm can't be done from bottom of mounted position. GZ could not have ever done it, no way, Wouldn't believe GZ if he had said he had accomplished an arm lock. Sometimes he came in to gym to lift on his own, rarely.
TRACEY MARTIN: TM's Dad: Has been in the courtroom everyday and has heard all testimony in this case so far, including today when we heard about him hearing 911 tape? A: Yes. We went there (to see Off. Serino) to make sure TM was ID'd. No one asked him. At end of tape were you asked if it was TM's voice? A: um, er, ah, I pushed away from table and said "I can't tell." "I never said it was not my son's voice." Never saw Off. Singleton. "I heard her testify but I never saw her." No knowledge of a "cleaned up tape." Q: Ever tell Ms. Fulton (TM's mom) you had heard 911 tape in Serino's office. A: No. Q: When you went to the Mayor's office, tell them then? Warn them? A: I said in Mayor's office "It's Trayvon's voice." Other family members bailed from the office, it was too much, but he says he sat and listened. CROSS-X Q: Is it still hard to believe TM is dead? A: Best friend in life. He says h e went to cops next day after event to ID his son's body. Q: Hard to believe then too? A: Still is. Q: Saw photo of body to ID. A: Yes. Q: At Serino's office you heard all the recordings. A: Maybe just parts of each call. He heard shot. He was in denial. Emotional. After being led, he says he realized the shot he heard had killed his son. Led to say that after he heard shot he was too emotional to identify the voice but tried to answer Serino. Now he says he heard his son cry for help and that his life was being taken. Now he says he played the tape over and over. 20 times. Why? A: To figure out why GZ got out of his vehicle and chased my son. RE-DIRECT Do you think cops lied about you saying it was not your son? Objection. Did you tell your lawyer to say they lied? No.
BILLY GRAY LEE JR.: Chief of Police for Sanford, Fla. Not since 2012. Chief during initial investigation. 30 year cop up through the ranks, in his hometown. Supervised but not hands on in this case Decision made to play the 911 all for Martin family members? Q: Best practice for line ups? A: Show individual the array so responses are not influenced by other witness. Same in voice lineup In this case, he recommended tape should be played for each individual. But it was played to the group in the mayor's office with no cops present. Normally, law enforcement does it, not the mayor. Chief Lee was excluded when he offered to be present. CROSS-X City Manager, his boss, said he was excluded. He was not in office when tape played. RE-DIRECT: He says in this case there was evidence it was GZ's voice but corroboration could be helpful. Here, best practice would have been to have each family member hear it for their individual opinions as to who it was and get a statement of their responses without influence from other family members.
JURY GONE FOR THE DAY - MOTIONS
Prosecution Motion to strike Donally, Serino and Singleton testimony. Richardson Hearing as to Mr. Donally: At his deposition he said that he had not heard tape and had no opinion about the voice but he testified at trial he knew it was GZ's voice. The issue is prejudice. Question is: What would prosecution have done differently if they had known? What is the prejudice? A: Opportunity to explore that the witness wanted to help defense. Court Q: If he didn't hear the tape and we played it here for first time and he said it was GZ"s voice, what's the difference? What would you have done differently if defense had told you last Saturday? A: Tantamount to not listing witness. Cross X would have been different. O'Mara says the State could have played the tape for Donally at the depo and could have inquired as to his Viet Nam background then. Richardson calls for the least amount of remedy to address issue. Striking is extreme. DA says willful omission allows harsh remedy. Court has had depo to look at. Court says: No one asked him about his prior military history. It was the State''s depo. Defense should have and didn't inform prosecution but no prejudice.
Prosecution's motion to exclude Tox Report: Issue is about THC in TM's blood. Prosecution wants it out but GZ said on tape that the suspicious person looks like he's on drugs. State says It was a minimal amount so unduly prejudicial. Court's previous ruling on the State's Motion in LImine excluded mention of pot in opening statement pending this decision later. This is not character evidence. DA says there must be quantifiable effect, not mere presence. Court says prosecution will be able to cross-x the witness. Testimony about pot use comes in. Prosecution can call rebuttal witness.
Prosecution wants to exclude Mr. Root, a career cop who is going to testify about "force events" and he has expertise about use of force and effects of trauma from shooting someone. He has viewed all the evidence. Jury would get expert opinions about reaction to traumatic events. Effect on GZ's ability to recall and recount. OK but he cannot testify GZ was justified in use of force, cannot testify GZ showed restraint before he used force and he cannot testify that GZ did not violate any Fla. law.
Animation is subject to hearing. Dawber applies if admitted. Used to be Frye. Waiting for witness. I'll tell you about it tomorrow.