First, the Court rules out 3rd degree felony murder. Court rules that the evidence does not support that. Excised from verdict form. So now, murder 2, the lesser included manslaughter, justifiable use of deadly force and enhancements and not guilty will be before the jury.
Mr. Bernie de la Rionda will argue for the State:
A teen is dead through no fault of his own. Dead because of assumptions made about him and this defendant acted upon those assumptions and they were wrong. George Zimmerman (GZ) acted on his assumptions so a 17-yo is dead. This is the last photo that will ever be taken of Trayvon Martin (TM) because GZ, who after the shooting did not even realize that TM was dead. GZ made no attempt to render aid. Cop did mouth to mouth but not GZ. GZ was cuffed and was concerned that someone should call his wife and tell her he killed someone.
The shooting happened at 7:16:55. The events which led to the shooting occurred earlier and even months before. Evidenced by GZ saying to officer Singleton that a lot of crimes were going on in his neighborhood. Burglaries. So Neighborhood Watch was started. Not sinister but led to the death of an innocent 17 yo boy. GZ profiled Trayvon Martin as a criminal which led to his death. TM was where he was legally. He had gone to the 7-11 for candy and a drink wearing a photo button and talking to a girl on the phone. GZ decided that TM was up to no good. TM was headed home. Normal. Raining. Wearing a hoodie is legal. But GZ suspected him. GZ presumed something that was not true. He never bothered to find out what TM was doing there, but "tracked" him. Not so bad so far but GZ assumed things and instead of waiting for cops, he wanted to make sure TM didn't get out of neighborhood. Actions of a wanna be cop. Prior crimes in the neighborhood caused GZ to think TM was a criminal. Really? Think about it, who was more scared? TM was scared. TM can't tell you. There's no dispute there was Neighborhood Watch. That's a good thing, everyone should. But GZ "tracks" TM. He calls non-emergency. No crime so far but this led to TM's death. GZ is 28 years old 5'7'' and armed. GZ had right to bear arms and had a permit. So far no crime. TM is 5'11', 158 pounds and unarmed. What started this? GZ's incorrect assumptions.
GZ profiled TM as a criminal, as one of those "assholes," one of those "f'ing punks" who always get away. Not this time. The law wants responsibility and accountability. We are asking for that. If GZ had no't stopped his truck, TM would be alive. Police would have come and rousted TM out and there would have been no death. TM had no chance. GZ says TM was circling his car. True? Then why get out? Because he has a gun. He's going to handle it. Not premeditated but his actions resulted in TM's death. Is it really self defense if you profile and follow? In this great country walking in rain in hoodie is not illegal.
GZ's statements are all self serving. You need complete story. Why did GZ exaggerate everything? Denied following TM because it shows ill will. He says he was looking for an address. Not so. In four years he doesn't know the names of the three streets in his complex? This proves he was profiling and following and caused the death of TM. You can't just look at fight. GZ made sure TM couldn't come in and tell you about it . GZ silenced him. But TM's body shows GZ is lying. Dr. DiMaio expected blood on TM's hands. No blood. GZ has blood on him. He wanted to convince cops he was in danger. GZ has studied law so he knows bullet points of what's required. GZ assumed that TM didn't belong, that he was a criminal, one of those assholes that always gets away. Assumption is not a crime, unless you're wrong. Calling cops, a good thing. Why did he not introduce himself to TM ? Ask if he lived here? No. because he assumed TM was a criminal and gave him no benefit of the doubt. GZ never said Hey you, wait for the cops. He got out of his truck.
Use your common sense. It all boils down to GZ wanted to be a cop. Great. Good. An honorable profession. Taking classes, good too, but not taking law into his own hands. How to arrive at truth? Rely on evidence. Rely on the law as you will be instructed Rely on common sense. If you do then you will come back with a verdict of murder 2. Do you believe GZ is innocent? That he overreacted but it's not his fault TM is dead? Do you believe it was a fight that got outta hand but who followed who? Who was armed and knew it?
Rachel Jeantel and TM 's phone call, GZ's non-emergency call, the witness calls the 911 call all serve to show when the shot was fired. Rachel Jeantel was not the most educated, she had funny language, so what? She's a person. She said the truth. She was speaking to TM. She could have lied. She didn't clean up the language. You decide. Phone records don't lie as to time and her testimony is consistent. I have a dream that the witness will be judged by her testimony and not the color of her skin and her lack of education. TM ran away, tried to get away. GZ says he was "just looking for an address." He says TM attacked him for no reason. Rachel Jeantel had said maybe GZ's a pervert. Indicates truthfulness. She lied to TM's mom and about her age and to her own mom. She didn't want to come forward maybe because we would all find out she can't read cursive.
There's a dispute about whether dispatch had said, " Do not follow." And assholes, why mutter that? It shows GZ's attitude. How he feels. I say he's more than a little angry. He has Ill will and frustration and by God he's not going to let this criminal get away. "F'ing punk" indicates GZ decided who TM was. He knew what street he was on. In the 911 call the witness didn't see anything. She said she heard something before the fight at the T. Other witness saw the "bigger man" on top and thought the voice screaming was that of a child. The issue is, did the event occur as GZ claims? Is he out for a walk and TM attacks him? You gotta assume that poor GZ just took it and at the last moment took out his gun and shot. John Goode called 911. He saw the bodies fighting. Goode saw TM on top of GZ prior to shooting but he didn't see the shooting. There was a fight. GZ had trained for 18 months at MMA. Rolled around during fight? Why? Was it necessary to shoot? Photos of injuries. Most serious injury of all was TM's. injury. Death. Mr. Goode saw TM on top of GZ. He saw movement but he saw no blows. He could not see GZ's hands so was GZ going for his gun or was his gun out? Was TM trying to defend himself? GZ says TM went for the gun but there's no DNA on the gun. GZ told his friend that TM had grabbed the gun. He old him that hat night. Ear/eye witness heard some voices yelling before the screaming began. Was TM headed home and GZ cut him off.? She looked out and saw upright fighting. Another witness also said the bigger man was on top. Sometimes GZ on top and TM's on top. But why did it start? One resident went outside and saw GZ was beaten up. GZ said call my wife. Tell my wife I shot him. Who was chasing who? Did TM have rights? No blood on sidewalk. Tiny injuries on GZ's head. His jacket is OK, so it's all exaggeration. No dispute about the rain and that GZ was on phone but big deal about the hoodie. The photo button TM was wearing could have affected the angle of how the hoodie hung. No blood on TM's hands and one draw string of the hoodie is longer, like it was pulled. Was the victim trying to get away and being held by the hoodie by GZ? Was GZ holding the hoodie?
Why is blood still on GZ and not on TM? Where are TM's hands? Under his body. GZ said he spread out TM's hands. Dr. DiMaio said TM could have lived 15 seconds. You decide. Why say all that about spreading out the hands? Because Gz wanted do be a cop and cops do that. The gun had no DNA on it from TM. but GZ said the gun was grabbed. No DNA on the holster. Where's all GZ's blood? GZ said only he called for help. But with all that blood running down his throat, how could he yell? He's lying.
Recess 15 minutes...