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#401
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Actually, it does. Unless Zimmerman can convince a jury that he had no alternative. And given the evidence, I don't think he can.
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"There wasn't anything I could do! He had me pinned and he was smashing my head into cement!" "So he was pinning you down with one arm and smashing your head with the other, and you had no way of freeing yourself?" "No!" "But you were able to get your hand on your gun?" "Yes, finally! It was very difficult, though!" "And you were able to point it directly at Mr. Martin's chest and the squeeze the trigger?" "Yes, but just barely! He was still smashing my head into the cement and holding me down!" "Once your arm was free, the one that had the gun, did you try using your arm to push him off or hit him?" "No, I couldn't!" "Well, what about your legs, did you try to kick him or menuever him off of you in any way?" "How could I? He had me pinned!" "Yes, you said that... he pinned you with one arm, and used the other to smash your head repeatedly into the cement. Even after you had one arm free with a gun in your hand. And the only thing available to you to do at that point was to shoot?" "Yes, exactly! I was desperate! I thought for sure he was going to kill me by smashing my head into the cement!" "Mr. Zimmerman, once you got the gun out, did you try showing it to Mr. Martin and simply telling him that you would blow a hole in his chest if he didn't stop smashing your head into the cement?" "No, I couldn't! He was smashing my head into the cement! The only thing I could do was shoot!" "I'm sorry, I don't understand...why couldn't you tell him to stop or you'd shoot him?" "Because I couldn't! He was smashing my head! I was nearly passing out! I couldn't speak!" "I'm sorry, Mr. Zimmerman, I'm very confused... didn't you tell us that it was you screaming so loudly that at least four or five apartments nearby calling 911 captured your cries for help? And weren't you screaming like that right up until the actual second you squeezed the trigger? That's what we heard on multiple 911 tapes... how is it possible that you could scream like that but you couldn't quietly inform Mr. Martin that you would shoot him if he didn't stop?" "Well, I, um, I was so panicked and confused, wait, I DID tell him! And he didn't care! That just made him do it harder!!" "Really? You showed Mr. Martin the loaded gun and told him you would kill him with it and he just got worse, even though he had no weapon himself?" "Well, I didn't know he didn't have a weapon!" "True, but HE did. And so if you did say this to Mr. Martin and he just got worse, do you think you can describe, listening to the 911 tapes again, at what point you said this to him, between your desperate screams for help?" And so on. If the prosecutor has two brain cells and the jury has at least 4 or 5 between them I can't see how Zimmerman is going to sell anyone on the idea that he exhausted every option available to him to stop Martin. Because he didn't. So under the law, no self-defense. |
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#402
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But I don't agree that it's a stupid assumption that it is admissible. And it is not necessary to have an expert or a state official vouch for it to make it admissible. Here's what needs to happen to make it admissible:
__________________
We begin with level flight. |
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#403
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Yes, I understand that. But in practical terms, if he doesn't make it fly with a preponderance, he can't just say "Self-defense" without making any attempt to back it up for the jury- that makes it no job at all for the prosecution. They spin it the way they want, present their evidence, and GZ does nothing except hang a sign around his neck that says "self-defense"? I'm sure he's legally entitled, of course, and I'm also sure the jury would say guilty unless he made an effort to prove that it was actually self-defense. Otherwise the only story they have is the prosecution's and that won't support self-defense. So no, he doesn't "have to prove it"... but he does if he wants to make the jury believe it. |
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#404
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Last edited by Stoid; 04-21-2012 at 06:22 PM. |
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#405
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Rendering your (already weak) point is moot. |
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#406
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If it was discovered that it was photoshopped or had a fradulent time stamp, would it be still admissible? I'm just wondering what exactly what would make it inadmissible, if all someone has to do is get on the witness stand and claim that it's real.
Last edited by you with the face; 04-21-2012 at 06:25 PM. |
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#407
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I still stand by my statement that it's a stupid thing to say, by the way. The witness may not have any problems selling the pic to the press, but could be reluctant to take the stand for Team Z.
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#408
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The defense can introduce its case without Zimmerman's testimony, though in this case I don't see why they would want to. Bottom line, though: the prosecution must prove there was no self-defense, and they must do so beyond a reasonable doubt. In other words, if the jury ends up thinking, "Well, it probably wasn't self-defense, but it might have been," then they cannot convict. They must exclude every reasonable hypothesis except guilt in order to convict. "Yeah, it coulda happened that way, but it probably didn't?" = not enough to convict
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We begin with level flight. |
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#409
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Magiver, you have had so many difficulties with correctly tracking what's being said… I strongly urge you to more carefully examine what you think you're reading before you respond.
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#410
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As for juries... If only we could peer inside their hearts... |
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#411
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Now, as to the first question... questions like that are usually directed to the weight of the evidence, not to it's admissibility. As long as the proper foundation is laid, via the questions I laid out, it's admissible. Or to use your words, yes: all someone has to do is get on the witness stand and claim that it's real. If there is a claim it's been faked, then the other side presents its evidence and the jury weighs it, deciding how much weight to accord the picture. It is possible to imagine such strong, incontrovertible evidence of alteration that the judge could rule that, as a matter of law, the photo was unreliable and not admissible. But that would require... er... strong, incontrovertible evidence of alteration. So to be sure I understand you... You say it's stupid to assume the photo is admissible, because the photographer might be reluctant to testify? I'm sorry, but I don't agree. I agree that some problem might arise affecting the admission of the photo as evidence, but it would be a rare event. Under the ordinary course of events as we see them now, it's very likely that the photo is admissible, and it would be a rare or unusual event that would make it not admissible. Do you disagree?
__________________
We begin with level flight. |
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#412
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If we take Zimmerman's statement off the table and simply look at the picture communicated by both the circumstantial and physical evidence, I don't see how one can assume Zimmerman shot Martin for self defense.
The 911 call tells us 3 things: Zimmerman had prejudged the kid as a bad person (state of mind), he actively pursued this supposedly bad person against 911 advice (poor judgement, impulsiveness, and lack of respect for authority), and he really really didn't want Martin to get away (intent to restrain or stalk him). Martin was unarmed and smaller than Zimmerman. We have no evidence of any agenda on Martin's part to start shit with Zimmerman. His apparent mission had been to get snacks and talk to his girlfriend. Zimmerman had a gun and an agenda. His apparent mission was to keep Martin the Asshole from getting away. Martin ends up being killed by Zimmermans gun. The location suggests he was on his way home. There is no decent explanation for why Zimmerman was back there though. His truck was parked some distance away on the street. This suggests he got out of his car to go after Martin. Zimmerman possibly has injuries but none that leave him so incapacitated by pain or discomfort that he needed emergency care before enduring a 5 hour stay at the PD. He is seen breathing out of his nose on a surveillance video and his head is in without bandageds. Witnesses report some conflicting things. But there's some audio of someone yelling desperately for help, that abruptly ends when the gunshot goes off. Multiple witnesses say it was a boy who was yelling. Martins mother says it was her son. Two forensic voice experts rule out Zimmerman. Question: how does any of this paint a picture of self-defense? It seems to me we have more compelling evidence against Zimmerman than we do for most murder cases. The only difference is that it's undisputable that Zimmerman killed Martin. If we ignore his claim of self-defense and just connect the dots, it takes little imagination to paint of picture of an impulsive, stupid man with a need to feel important and heroic, who jumps to conclusions about Martin, assumes an authority that he doesn't have by going after him, corners the boy and incites a struggle that causes him to panic and pull out of his gun, the boy screams for help at that point, and Zimmerman shoots him to restore control to his world. The end. |
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#413
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And that's not even factoring in Zimmerman's previous arrests and employment history, and the statement from Martin's gf.
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#414
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Nicely done, you. |
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#415
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Now, in practical terms, if a great deal of the evidence points to it not being self defence, the defence will have a tough job doing this. In this particular case, where the evidence against Zimmerman is weak, showing the holes in the prosecution's case may well suffice. |
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#416
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For example, you say that Martin was smaller than Zimmerman. He wasn't: he towered over the 5'8" Zimmerman by a full seven inches. I have no idea how you saw Zimmerman breathing through his nose; I saw a man with a broken nose breathing through his mouth. His head had no bandages because the EMTs used cyanoacrylate, the GluStitch product they carry, to close his wounds. The jury can't hear from the forensic experts because their technique doesn't meet the Frye standard for admissibility. And the defense has experts who will testify to the contrary anyway. All of these points have been raised before. Why did you fail to include them in your summary? And then we get to this gem: "... it takes little imagination to paint of picture of an impulsive, stupid man with a need to feel important and heroic, who jumps to conclusions about Martin, assumes an authority that he doesn't have by going after him, corners the boy and incites a struggle that causes him to panic and pull out of his gun, the boy screams for help at that point, and Zimmerman shoots him to restore control to his world." The jury cannot rest a verdict on imagination. Even though the scenario you paint is possible - for this discussion I'd even go "probable" - but you can't say that this is the only reasonable scenario, can you? The jury has to be able to rest a verdict on so etching beyond, "It probably happened this way."
__________________
We begin with level flight. |
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#417
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Well, the GF statement might be. Zimmerman's arrest is definitely not. And you suggest it's stupid to assume the picture is admissible, when it most likely is, and you assume Zimmerman's previous arrest is admissible when it certainly is not. Why?
__________________
We begin with level flight. Last edited by Bricker; 04-21-2012 at 07:34 PM. |
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#418
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1. Guy in red on bottom, beaten up by guy on top of him, and screaming for help, yes. 2. No one "saw martin screaming". 3. Rumor from prosecutor. 4. They claimed they saw Zimmerman standing (emphasize: standing) over the dead guy, leaning over and touching his back. Bear in mind that it's the same witness (and her partner) that called the police after the shots and reported black guy standing over the dead guy. Last edited by Terr; 04-21-2012 at 07:34 PM. |
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#419
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Mark O'Mara Gets Boffo Reviews
http://www.huffingtonpost.com/mari-f...b_1441261.html
I tend agree with her, but she overlooked the most important member of O'Mara's audience, Judge Kenneth Lester. I think Lester's comments when he granted bail sound like O'Mara made his point. If Judge Lester rules in Zimmerman's favor during the self-defense hearing, then a jury is never going to see the evidence. If you think that is unlikely, then you need to read up on the Garcia case. http://www.miamiherald.com/2012/03/2...-the-back.html |
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#420
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There may of course be more evidence that shows he is guilty, but having seen the testimony at the bail hearing I'm inclined to doubt it. I'm actually starting to change my position from Zimmerman being quite possibly factually guilty, but unconvictable, to actually being entirely innocent. Which would be the best outcome all round at this stage. Last edited by Steophan; 04-21-2012 at 07:42 PM. Reason: coding |
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#421
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What the hell do you know about getting beaten? Have you ever, in your entire life, been in a street fight?
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#422
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to date, nothing Zimmerman did was inconsistent with the story so far.
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#423
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The wounds on the back of the head don't look serious enough to warrant killing someone in my opinion. The blood amount doesn't impress me much. Head wounds bleed a lot. Provided those new pictures are real anyway. I do have doubts about the murder charge though. I'd vote manslaughter with the little I know so far. |
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#424
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#425
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I didn't say his arrests were admissible. That's why I didn't factor them in.
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#426
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And this is appropos of what, exactly? (No, never been in a fight. Yes, been randomly attacked by a large - 6'3", 300 pound - crazy man with huge fists who punched me in the mouth and split my lip. Four stitches worth of fun.) |
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#427
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The wounds on the back of his head are consistent with being struck against a hard object. In this case, the blood shows trauma to the head which is the real danger. He wasn't in danger of bleeding to death but he was in danger of brain damage assuming his story is true. And has been so often repeated, the state has to prove his story is false.
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#428
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#429
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A few things: 1. No, Zimmerman does not have to claim Martin was on top of him and holding him down to justify his shooting legally. Legal self defense shootings do not require the shooter to be physically touched by the other person, even in non-SYG states. 2. I have no idea how you can have no doubt at all about Zimmerman's statements to the police. That's like me showing you a black box and telling you I have a baseball card in the box, and you saying you have no doubt at all it is a Babe Ruth card, that's the height of ridiculousness. You're asserting you have no doubt at all about something you cannot know, which means you position of no doubt is not based on facts. 3. I agree with you Zimmerman's injuries do not prove much of anything on their own, I think ywtf has been overly focused on them. I think it very likely though, that since we've now heard Zimmerman's attorney discuss a broken nose in court there is a high likelihood of un-ambiguous medical records showing a broken nose. However, I've never felt the issue of the injuries was important. Early on, we had no idea what Zimmerman's claims were about his injuries, we had just heard second hand information from his father. At that point, the only important issue with the injuries was some people felt the police said that Zimmerman had "injuries consistent with his story" when he was not injured at all (based on a grainy video in a police station.) The only way I could see the injuries being important, is if Zimmerman had no injuries whatsoever--because that would cast severe doubt on his story as we know it. Since I don't believe very many rational people will say there were no injuries at all at this point, I think most people should recognize severity of the injuries is essentially irrelevant. Zimmerman's justification or lack thereof is not based on how injured he was but whether or not he had a reasonable fear for his life or health and safety; legally Zimmerman could have shot Trayvon without a scratch on him and been legally justified. Zimmerman also could have shot Trayvon and himself suffered immense wounds and been legally unjustified. The wounds themselves are demonstrative of anything in the inherent legality of the shooting. |
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#430
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Further, it's plausible that when Zimmerman spoke with the 911 dispatcher, seeing Trayvon from a distance, he thought he was late teens. It's possible when he pulled the trigger (after potentially getting his ass whipped) he thought Trayvon was older, perhaps early 20s to early-mid 20s (24/25.) I know that just by talking about a plausible explanation I will be considered acting in Zimmerman's defense, but I'll go through the fruitless exercise of saying: I'm not. Zimmerman obviously probably practiced at least parts of his apology before hand to some degree so he may have added things in to try and make his actions seem more sympathetic and may have intentionally fudged things a little bit. But the discrepancy is not significant enough to be able to say, prosecute Zimmerman for lying under oath. And since a jury isn't empaneled yet (to my knowledge), the statements won't really matter when it comes to the trial at large. |
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#431
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Maybe I misunderstood your meaning but it appears to me that you don't understand what it's like to get your head slammed into a solid object. Getting punched in the face hurts. It's nothing compared to getting your head slammed into concrete. That's a serious, life threatening event. So far..... SO FAR..... Zimmerman's story is consistent. The major part of this case is whether or not his life was threatened. The rest of the story is window dressing leading up to the event. It would be nice if there was a video of Zimmerman starting the fight. It would conflict with his story. However, it's more LOGICAL that he maintained sight of Martin knowing the police were minutes away and continued to pursue him. It's more LOGICAL that Martin was insulted by Zimmerman's challenge when the 2 met up and started a fight. In the absence of this information we're left with: Zimmerman's account, physical evidence, and eye witnesses. Right now now, all that lines up with his story. |
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#432
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One reason the injuries could be significant in a trial is to cast doubt on any claim by the prosecution that Zimmerman was in no danger. Another reason is that if it can be shown that Zimmerman was injured and Martin not it will cast doubt on the idea that Zimmerman started the confrontation.
Conversely, if there are no injuries to Zimmerman, it may impair his credibility as a witness. |
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#433
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http://www.myfoxorlando.com/dpp/news...od-altercation "The guy on the bottom, who had a red sweater on, was yelling to me, 'Help! Help!' and I told him to stop, and I was calling 911," said the witness, who asked to be identified only by his first name, John. John said he locked his patio door, ran upstairs and heard at least one gun shot. "And then, when I got upstairs and looked down, the guy who was on the top beating up the other guy, was the one laying in the grass, and I believe he was dead at that point." Quote:
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Do you want me to link to you the article that says this witness called the police to report a black man standing over a dead man? And if I do, will that convince you as to the reliability (well, lack of such) of this witness? |
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#434
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What hard object?
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#435
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Yes we can, and we need only his own words ("These assholes always get away") to do it.
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#436
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But if you think there's a genuine possibility that it really was Zimmerman, I urge you to take a crack at the prosecution questioning Zimmerman as I did above, show us how Zimmerman answers those questions, how the idea of him screaming for help when he had a gun in his hand makes sense. Please. And FTR: pretty much everyone who was there and heard it in person, along with experts and everyone else, does not find it remotely credible that the voice in the background is Zimmerman's. It does not in any rational way square with his version of events, and it does not in any way sound like a 28 year old man, and it for sure doesn't sound like a 28 year old man holding a gun and getting ready to shoot this boy. What it absolutely DOES sound like is a deeply terrified young man. Like a young man looking at a gun, maybe holding the arm that's holding the gun, trying to keep it from being aimed at him because he doesn't want to die. How anyone could listen to that sound and not be heartsick is beyond my ability to understand. Quote:
What does this mean? |
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#437
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#438
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well from all the accounts that would be the sidewalk that runs between the houses. That squares with the witness who said he locked his screen door which would be at the back of the house (condo's really) and the witness who said she saw people run by. They're connected condo's with a common sidewalk in the back.
Last edited by Magiver; 04-21-2012 at 08:42 PM. |
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#439
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There is an eyewitness that said the struggle took place entirely on the grass, well away from the sidewalk.
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#440
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His head wound suggests otherwise. That's physical evidence.
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#441
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It's not evidence that Martin gave him that wound though.
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#442
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It is possible that Zimmerman held Martin at gunpoint, and it was Martin screaming. The only evidence we have for that is Martin's mother identifying his voice from a low-quality recording - and if you want to ignore Zimmerman's testimony because of bias, you must surely ignore Martin's mother's opinion for the same reason. |
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#443
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No, but the witness who saw the fight with Martin on top is.
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#444
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#445
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There is no eyewitness that saw the entire struggle.
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#446
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#447
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Now to the blasting... ![]() Quote:
In order to be self-defense he has to be facing an immediate threat. Which is why the injuries don't mean much. They certainly do not prove that at the moment Zimmerman pulled the trigger he was actually being attacked and had no alternative. They merely suggest that there was an altercation and martin got a couple good ones in. It says nothing about the moment when Zimmerman actually killed Martin and if you genuinely believe it does, then you, too, please go back to my prosecution scene and do it differently. Make it make sense. Pretend to be pinning Zimmerman to the wall and tell us the answers you think are reasonable and believable. Seriously. I may be blind to it so show me because with what we have so far I simply cannot see how those pieces fit. Quote:
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Actually it didn't. Blood spurting everywhere I didn't feel any pain at all, I was stunned and my lips felt numb. It didnt' hurt until after the novacaine wore off after the stitches. THEN it hurt. Quote:
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I think we should all know by now that eyewitness testimony has been proven to be extremely imperfect. So to the extent we must rely on it, we need to consider many other factors in conjunction with it, no matter who it appears to favor. Does the physical evidence match? How many people seem to be in agreement? Etc. |
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#448
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I saw blood on his head. I still don't know whose blood it is.
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#449
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And yes, he's the only one reporting Martin on top of Zimmerman. That's one more eyewitness than the zero that report seeing Zimmerman sitting on top of Martin beating him up. And if you're "very familiar" with the obviously wrong testimony that Cutcher gave the police, why are you citing her as a witness in your list? Last edited by Terr; 04-21-2012 at 09:14 PM. |
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#450
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It's clear from the picture it's coming from a wound and the police report notated his injuries.
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