Category Archives: Evidence
Attorney David Allen addresses an interesting subject. It involves two robbery suspects who used cells phones. At trial, prosecutors presented evidence that the cell phones pinged off towers in the vicinity of and around the times of the robberies.
The two suspects were convicted, but appealed on the basis that prosecutors obtained the cell phone pings without their permission, and without search warrants, violating their 4th Amendment rights. Attorney Allen presents both sides and why the Appellate Court decided in favor of the prosecutors.
Since the verdict in George Zimmerman’s 2nd degree murder trial, I’ve tried not to post much that rehashes arguments that happened before and during his trial. However, there has been a repeat of something on Twitter that compels me to go into detail. The same argument appears to come up at least once a month. That issue is that Zimmerman said, “When I walked back towards him.”
Because of Zimmerman’s story that he first came face-to-face with Trayvon at the “T,” some people have not thought outside that box to what Zimmerman wrote and said before he had time to omit and add to his story by the time of his re-enactment. To say it another way, some people believe that Zimmerman saw Trayvon on the dog path and try to reconcile “when I walked back towards him” to have occurred on the dog path. Zimmerman did not find Trayvon on the dog path. Rather, he found Trayvon on Retreat View Circle.
I sought out someone who is good at video animation and has the software to show rather than only tell. Not having those resources myself, I did compile two videos in effort to show what I heard Zimmerman say about his actions after getting out of his truck. The following is more of a bullet point presentation that connects the dots and I’ve embedded the two videos to support the following. Below is also a map of Retreat at Twin Lakes indicating Trayvon’s and Zimmerman’s positions when Zimmerman said “When I walked back towards him.” I’ve also placed “BG” to indicate the back gate.
Those who followed the case will recognize the recorded non-emergency call, Zimmerman’s statements, and Rachel Jeantel’s testimony. Rachel was there as an audio witness only. She was not familiar with the area of Retreat at Twin Lakes where Trayvon was staying with his dad. Rachel could only testify what Trayvon said to her.
We should consider the following as happening simultaneously with Zimmerman talking to dispatch and afterwards, while Trayvon is talking with Jeantel. Read the rest of this entry
In her book, Suspicion Nation, Lisa Blooms writes:
“Two weeks into the three-week trial, I used the opportunity to take another look at the important evidence that had already been admitted in the trial, as I would if I were trying the case myself for either side.”
“That’s when I noticed some critical evidence about the placement of Zimmerman’s gun. That black KelTec 9mm PF-9 semiautomatic handgun was holstered not only inside his waistband (that is, inside his pants, concealed), but behind Zimmerman, on his backside.”
Lisa goes on to write about learning this from Zimmerman himself, as she watched his reenactment video several times. Like many of us who studied Zimmerman, not only in words, but his re-play of actions, noticed that he reached behind his pocket when reenacting where he wore his gun. We concluded that there was no way that Trayvon could see, much less reach, for that gun.
The anti-Trayvon Martin camp criticizes Lisa Bloom for her keen perception. They say that Zimmerman did not carry his gun on his backside. They make excuses for why Zimmerman reached behind his pocket when showing detectives where his gun was when he reached for it.
So the question is, where did George Zimmerman carry his gun?
The answer comes from his own mouth; i.e., his “hip.”
The hip is not the waist and George demonstrated what he believes to be his hip.
Lisa Bloom questions what many of us also questioned, which is why did the detectives allow Zimmerman to demonstrate from a standing position, those things that he said happened on the ground while he was on his back.
On December 14, 2012, 20 children and 6 adults were murdered by 20-year-old Adam Lanza, at Sandy Hook Elementary School in Newtown, Connecticut. Before driving to the school, Lanza shot and killed his mother Nancy at their Newtown home, shooting her 4 times in the head. Lanza committed suicide in the school as first responders arrived. Read the rest of this entry
40,000 individuals had their fate decided by Annie Dookhan’s tampering with lab tests.
[ione_embed src=//www.youtube.com/embed/VMU_d_wHp-I service=youtube width=560 height=315 type=iframe]
Annie Dookhan, a Massachusetts state chemist pled guilty Friday to fabricating her results that lead to her tainting as many as 40,000 prosecutions that she was involved in.
Dookhan declared drug samples positive that she had not bothered to test, tampered with evidence, forged signatures and lied about her credentials to enhance her standing in court as an expert witness.
It took more than a year-and-a-half for Dookhan to admit that she had fabricated case results and since then 300 people have falsely been released, including Donta Hood, who was accused of murdering someone after the chemist’s tainted evidence got him released. Hood is now back behind bars on first-degree murder charges.
At least 50 of those 300 released have been rearrested. One, Jamell Spurill told the police arresting him, “I just got out thanks to Annie Dookhan. I love that lady.”
Dookhan was sentenced to…
View original post 75 more words
After filing for divorce, Shellie moved out the house she shared with George Zimmerman. On September 9, 2013, George Zimmerman appeared at the home that he and Shellie rented from Shellie’s parents as Shellie was moving out her belongings. An altercation took place. As Shellie was recording the altercation with her iPad, George took it from Shellie, bent it across his knee, and using a pocket knife, took it apart and threw it to the ground.
George Zimmerman told police that he took the iPad from Shellie because she was using it to hit him on his back.
Although video captured George taking the iPad apart, Lake Mary police gave no statement on whether they asked George why he felt the need to destroy the iPad after it was no longer in Shellie’s hands.
Attorney Willie E. Gary has quite a reputation. He has won over 150 cases valued in excess of $1 million each. Attorney Gary has been featured in Ebony Magazine as one of the “100 Most Influential Black Americans.” Forbes magazine has listed him as one of the “Top 50 Attorneys in the U.S.”
Now, attorney Gary is representing Dr. Shiping Bao, the assistant medical examiner who performed Trayvon Martin’s autopsy.
Dr. Bao was one of the most controversial prosecution witnesses because of his conflicting testimony.
In a letter dated August 23, 2013, Dr. Bao was given 30 days to find employment at another office or resign. He declined to resign. Volusia County released a letter on Tuesday, September 10, 2013, stating that Dr. Shiping Bao was fired from his position as an associate medical examiner last week. Spokesman Dave Byron declined to give a reason, citing county standard personnel practices.
Dr. Bao began his employment with Volusia County in July 2011 and made an annual salary of $175,950. Read the rest of this entry
Watching George Zimmerman’s trial, I remembered the testimony of Anthony Gorgone of FDLE crime lab. After the verdict and Juror B37 and her literary agent revealing that Zimmerman was found not guilty due to the manner in which he was charged, my attention was drawn to her AC360 interview. Then there was the good news about Rachel Jeantel receiving a full-scholarship from Tom Joyner, and numerous interviews of others including Sybrina and Tracy. However, the testimony of Anthony Gorgone stayed with me.
Mr. Gorgone testified that he took cuttings from George Zimmerman’s jacket and tested for the presence of blood. The cuttings were labeled A through EE. Some tested positive for the presence of blood with the sole contributor being Zimmerman. Some did not test positive for the presence of blood, and still others tested positive for the presence of blood that resulted in a mixture. In some of the mixtures, Trayvon was included or excluded. In some of the mixtures, the contributor could not be identified. Read the rest of this entry
George Zimmerman told Adam Pollock that he helped save his life.
Adam Pollock, the 43-year-old owner of Kokopelli’s Gym in Longwood, Fla. where Zimmerman trained in grappling and boxing, was arrested March 11, 2013 and awaits trial on charges of battery and assault. His next hearing is scheduled for September 17, 2013 at 9 a.m.
Adam Pollock and George Zimmerman have several things in common.
1. Pollock lied to the police, and only admitted to seeing the victim, Tina Mangiardi, after police told they obtained surveillance footage of him following her out of the gym that day. Pollock also denied touching Mangiardi until police told him that one reason he was being arrested is because of marks on Mangiardi’s arm.
2. Pollock claims that he might have slapped the victim and put his hand on her neck, but it was in self-defense.
Also like George Zimmerman, since his arrest, Pollock appears clean-shaven.
BEFORE AND AFTER
Since the verdict in the George Zimmerman case, Pollock appeared on the Dr. Drew program on HLN. He revealed that his testimony describing Zimmerman as “soft” was actually hearsay, stated by another trainer. How is it possible for a man to describe another man as “soft” unless they have had physical contact with each other?
The Department of Justice might do well to interview that trainer, in addition to others attending Kokopelli’s Gym when Zimmerman attended. He just might have gotten the reputation for being “soft” the Friday or Saturday before the Sunday that he killed Trayvon Martin.
In the following video, Pollock tells the Dr. Drew panel that George Zimmerman thanked him for saving his life, and accredited that to Pollock teaching him how to “shrimp.” It shows that if Zimmerman was able to “shrimp,” that Trayvon could not have punched him about his head and face. According to George Zimmerman, “shrimping” saved his life. Since shrimping saved Zimmerman’s life, killing Trayvon Martin did not.
On September 14, 2012, I posted Racist Bigots and Thugs are Clairvoyant.
Now that the jury in the George Zimmerman trial has rendered a verdict of not guilty, and in light of Juror B37 saying that Trayvon played a “huge” role in his death, it is an appropriate time to revisit this subject. This is a re-post. Only the last paragraph has been changed to update since the verdict. Read the rest of this entry
On January 23, 2013, I wrote an article on the significance of the Dooley decision. It is a Florida case where the defendant claimed self-defense. Trevor Dooley was found guilty of manslaughter. His case is currently on appeal.
When I first heard of the Dooley case, I expected that he would prevail on his claim of Stand Your Ground because of testimony that Dooley was walking back to his house when David James came up behind him, knocking him to the ground.
After the verdict and when I wrote the article, it was my position that the jury applied the facts to Florida law from the beginning, finding that if not but for the fact that Trevor Dooley left his garage with a loaded gun and approached David James for mouthing off at him, the two would not have come into physical contact.
Likewise, I said that if not but for the fact that George Zimmerman got out of his car with a loaded gun to follow Trayvon, the two would not have come into physical contact. It was my position that the Zimmerman jury would find him guilty of 2nd degree murder, or manslaughter, by applying the law of initial aggressor to the facts.
I was wrong. Read the rest of this entry
During George Zimmerman’s trial, witness Wendy Dorvial testified that she asked George Zimmerman if he wanted to be a volunteer member of Citizens on Patrol. She testified that Zimmerman turned down her offer. At closing argument, Mark O’Mara, defense attorney for George Zimmerman, argued that if Zimmerman was a wannabe cop, that he would have taken the offer to join Citizens on Patrol. Mark O’Mara then proceeded to outright lie about the program saying that its volunteers get to act like cops.
The Florida Department of Law Enforcement produced an abstract of Citizens on Patrol (C.O.P.), taking a survey from counties using that program. The abstract provides references, one in which is the National Association of Citizens on Patrol.
NACP has an extensive, informative website. Along with describing its purpose and the benefit of being a volunteer in the community, it also provides accomplishments and the stories of volunteers. What caught my attention in regards to George Zimmerman, is the following;
“As the name implies, Citizens On Patrol are Citizens who, after being screened, background checked, and trained by their local law enforcement agency, patrol their communities acting as “Eyes and Ears” for law enforcement.”
The C.O.P. program provides vehicles with emergency lights. Volunteers ride two per car.”
The national association also sets forth;
“C.O.P.’s do not take enforcement action, they only observe and report. Citizen Patrol Volunteers are not authorized to carry weapons and are encouraged to avoid physical contact. C.O.P.’s greatest weapon is their established bond with local law enforcement and their ability to communicate directly with them by radio or cellular phones using special dedicated phone numbers.”
While medical clearance and passing a criminal background check might concern Zimmerman in meeting the qualifications, it’s two conditions of C.O.P. that immediately come to my attention that would cause Zimmerman to turn down Ms. Dorvial’s offer. Those conditions are that volunteers work in twos, and they cannot carry weapons.
As Wendy Dorvial testified, there are distinct differences between neighborhood watch and C.O.P. One is that volunteers with C.O.P. actually patrol. In Neighbor Watch, residents are not supposed to do anything beyond their everyday activities. Although Zimmerman was not supposed to patrol, he did. At least one time, he used his dog as an excuse for seeing a suspicious person outside of Frank Taaffe’s house. Anyone looking at the map for Retreat at Twin Lakes for where Zimmerman resided, where Frank Taaffe resides, and the location of the dog walk, can see there is no logical reason why Zimmerman would walk from his house to Frank Taaffe’s house to get to the dog walk. Zimmerman did say that he walked his dog on the dog walk where he killed Trayvon. That dog walk and Frank Taaffe’s house are in opposite directions.
Another distinct difference is that C.O.P. volunteers work in pairs. It is logically safer to work in pairs when patrolling. George Zimmerman patrolling alone, gave him opportunity to do what he wanted without witnesses.
An important distinction is that C.O.P. volunteers cannot carry weapons. Zimmerman stated on Sean Hannity’s program that he carried his gun everywhere other than to work. Having a conceal carry license does not give C.O.P. volunteers authority to carry weapons, anymore than employees working in an airport or courthouse with conceal carry permits cannot carry weapons at work. Citizens on Patrol are not deputized.
In conclusion, George Zimmerman did not refuse volunteering for C.O.P. because he isn’t a cop wannabe. Rather, George Zimmerman refused volunteering for C.O.P. because its rules of working in pairs, and not carrying weapons, were too restricting.
The following video contains testimony by Wendy Dorvial regarding C.O.P., and Mark O’Mara’s misrepresentation to the jury.
Closing argument for the defense, with rebuttal closing argument by the State. The jury will receive instructions then start deliberations.
Croakerqueen123 had problems with the recording of the State’s rebuttal closing. The next video is courtesy of Axiom Amnesia. The sound is not as good as the other videos.
Final Jury Instructions in the George Zimmerman case.
Please click on link. It is a pdf document.
Thursday, July 11, 2013
Jury Instructions and Closing Arguments are scheduled for today.
Don West argues that the State pulled “a trick”
The first video is partial and doesn’t start from the actual beginning.
Audio cuts in and out because of the live streaming.
This morning, the Honorable Judge Debra Nelson granted the State’s Motions to prevent the entry of Trayvon Martin’s text phone messages. The defense may use the animation during closing argument, but it will not be entered into evidence for the jury.
It is anticipated that closing arguments will begin tomorrow after one rebuttal witness for the State.
Monday, July 8, 2013
Koppelli’s Gym owner, Adam Pollack, was arrested in March 2013 for attacking a woman and threatening to cut her fingers and toes off. Pollack testified today that George Zimmerman joined his gym in 2010 and began training in “grabbling” then switched to boxing. He testified that Zimmerman was trained in how to get free from being mounted, and how to protect his face from punches. Zimmerman did not advance quickly because he was obese and had no previous athletic experience.
“There are two people involved here. One of them is dead and one of them is a liar.”
On July 5, 2013, the defense for admitted killer and accused murderer George Zimmerman, filed a Motion for Judgment of Acquittal.
State prosecutor Richard Mantei argued for the State and brought out some of Zimmerman’s lies. The Honorable Judge Debra Nelson denied the defense’s motion.
This video is a summary of State Prosecutor’s Richard Mantei’s points on some of Zimmerman’s lies.