O'Mara calls this a Bizarro Case. He pointed out that the State had used words like might or could or would or maybe. They're supposed to say beyond a reasonable doubt and certainly so. Not maybe or you figure it out. Do not make assumptions. They want you to make assumptions. They accepted burden. It's normal for the defense to say maybe, could have, should have or might have. That usually a defense posture. They want you to connect the dots with assumptions. Do not. Today I want you to know what happened. At the risk of confusion I am going to take on the burden of proof to prove what happened. The State has the burden. Mr. Guy will get up last and challenge what I say, if he can. I challenge him to dispute the evidence. This chart tells you what reasonable doubt is: Thermometer to show sliding scale of doubt. Prosecutor will tell you if he thinks its wrong. Don't forget the Presumption of Innocence we talked about. It never dissipates on the scale. It's always there, at all points. State takes you from no evidence and innocent to guilty.
What matters today is self defense. Disproving a negative. There's not even a reasonable doubt that George Zimmerman (GZ) acted in self defense. State needs to prove likelihood. Reasonable Doubt is not guilty. Not sure, not guilty, doubt, not guilty. Highly unlikely, not guilty. Proof beyond reasonable doubt and you're convinced, then guilty. The burden of proof is beyond a reasonable doubt. But here, the evidence has shown, that beyond a reasonable doubt George Zimmerman is innocent.
Cop wanna be? Yes, he also wanted to be a lawyer and help his community and be involved, mentored kids. He once applied to be cop but he had bad credit. Other cops said police work is a noble profession. No support for other contentions. Protect and serve. That is the motto. The State is obliged to show you all the evidence, but all they had were two online professors. He wanted to be a prosecutor too. One professor said he had talked about Self Defense in class. He knew what self defense is and recall he advised not to wait till you're hurt before you defend your self. It might be too late. GZ wasn't accepted as cop but he works in fraud in a mortgage company.
We're told he hated Trayvon Martin (TM) that night? He had already made five 5 telephone calls to non-emergency. You have a sixth one too, no support to their case, so State didn't play it for you but you have it in evidence. Listen to GZ. State didn’t show you, but the State wants "justice." Police reports are in evidence about what happened in previous year in his complex: Home invasions, vandalism, break ins, a rash of crime. Only young black males were arrested and one was convicted. He was concerned. As to past, all they brought was anger, ill will, and hatred. It's absurd to interpret calls that way. Listen to the tone, the cadence. Read about people who were victims, what they came home to. Was frustration appropriate? What were the actions of GZ? Absolute innocence.
Every Sunday GZ makes sandwiches. No witnesses has testified they saw him "patrolling, “ No one said he patrolled. No one testified GZ was a Neighborhood Watch cop wants be. They want you to assume that because you cannot find it. They want you to think he was looking for people to harass. Crazy. No one said so. They have Ms. Bertalan who was in her house with her baby when buglers broke in. Her rusty scissors wouldn't have helped her. GZ went to her and gave her a lock for her slider, He told her to call his wife, a nurse, any time and come over if you want. Pure innocence. GZ was on his way to Target. State says he see a suspicious person and pulls around, parks, gets out of his truck and tracks and shoots TM in cold blood. But that house where he saw TM had been burgled. He went to look. He called non-emergency police number knowing full well calls are recorded and he says what he said. He did not call TM an asshole but the group. He stayed on phone and cursed at people, maybe including TM. GZ stays on the phone, like he's supposed to, and when asked the race of the suspect, he answers black. How do we move from suspicious to hate? Not guilty. GZ never screamed in any call. State's Attorney screamed and growled but not GZ. State wants you to assume that because GZ cursed under his breath that he wanted to curse but didn't want to be heard, so you're to assume guilt? No. Fact that he was willing to say it on recorded call is evidence of no ill will, no spite, no hate. He continued the call. Time line graphic shows significance of the call at 7:09:34. Call starts, Police Department. GZ says there's a suspicious person. He tells dispatch TM is on phone telling what he sees then "He’s staring at me” and then he's near the clubhouse, now he's coming towards me. State suggests that this is when GZ became so frustrated that he finally cracked, broke. Does that show on their graph? Where? They want small area of focus. "We don't need you to do that." GZ was told; let me know if he does anything else. TM's hiding so they can't see. GZ says please get an off over here, twice he says that. Dispatch asks is suspect doing anything else? Twice. OK and GZ does something to see what else. SA says their way counts because of how GZ said it. Listen for animas toward TM. "Shit he's running." Dispatch asks which way is he going? Ill will or innocence? This is a conversation, they didn't know we'd be here. He gets out of car. Was his attitude I've had it? No. He explains which entrance they escape through, he says f-ing punks. State says GZ is following in hatred intending to kill this boy. How do you get to hate a stranger? Don't need you to know him? When dispatch says, "We don't need you to do that", GZ says OK not I'm Mad as Hell, or screw you. We brought you weather reports to show the wind was up to 7 mph. Wind noise on call. Was GZ tracking? He was following but tracking, running? Where did ill will and hate come in? Not here. He ran, I'm running? Who says he ran anywhere or ran after TM after he said OK to dispatch? I challenge the State. Let them show you that they have evidence he ran or walked after TM. Assumptions? Connect the dots? Don't let them tell you that. Dispatch asks GZ, "Still want officer?" Yes, he does. Where to meet them? Is it at that point he has ill will? No. I will track and shoot this kid so just have them call me? Really? No, when they call, I'll tell them where I am. Which witness told you Ms. Lawer's lights were on that night? So he didn't see the numbers he walked by in dark. Ms Lawer was here. She could have been asked if her lights were on but they didn't ask. They want you to connect the dots and assume. Every dot forms a line but they didn't form one here. Now, it was a minute after this tape, at 7:13, Ms Lawer heard sounds. It took her 25 seconds to call, in 30 seconds she's on 911 call. What was GZ doing? He didn't know he needed to protect his story. He has little baby key chain flashlight, on. It was dark that night. Flash photos show a field of light and a black wall of darkness all around. Evidence supports that GZ is going back to car. What evidence? The flashlight was dropped there. Witnesses say noises out there. See anything? No. Hear? Yes. The witness opposite off to right, say fight started outside witness's window, where GZ said. Somehow the fight dragged to the spot of the shooting, we have an animation to show you. It has telephone calls on it and I'll explain. Avatar played.
We've made some assumptions. See TM here, it's lit. You can see but it was dark at the time. It comports with the evidence. GZ said first he pushed TM off and he tried to get away, so there's travel to spot of shooting. Here when they're here, 911 call. John Goode used 20 seconds. Time line is on animation. Here Goode comes out onto his porch and sees two men on concrete, one on top. The position he describes is ground and pound, near cement. Third position seen is GZ shimmying, trying to get away and then next position is where shot happened. One over the other and leaning over as Dr. DiMaio told you he must have been from trajectory of shot. Dr told you the shot was made 2-3 inches from chest. Then GZ got on top. After the shot, TM fell to his left with his feet in a bicycle position. GX got on top and spread out TM's arms. Now a witness saw GZ on top. Then GZ got up looked around, stunned. Now the rest of the 911 on tape. Animation is somewhat made up. It does give you perspective consistent with the evidence. TM hit GZ in the nose, they travelled and ended up with GZ injuries. TM's knuckles also injured. Say all you want about the wanted to be cop, and that his seething anger built. Without proof, it doesn't exist.
In reality, total Innocence. What was he doing? For 90 seconds he was doing something with his flashlight, looking around. Keeping an eye out. TM was on phone, call ended. He was running, as GZ said. Altercation started 7:16:11. O'Mara then times out 4 minutes in silence to show 4 minutes in which TM could have run away. Who did what, when? TM told RJ he was running. Did the State show you what TM was doing for 4 minutes? What was TM doing for 4 minutes?