Judge: Zimmerman jurors can consider manslaughter charge - CNN

Diablo

New member
  • NEW: Jurors can consider a manslaughter charge, the judge rules
  • NEW: But a decision on third-degree murder is still pending after fierce defense objections
  • Closing arguments are expected to begin Thursday afternoon
  • The 6-woman jury could have the case by Friday


(CNN) -- Jurors in the George Zimmerman second-degree murder trial will be allowed to consider at least one lesser charge -- manslaughter -- when they get the case after closing arguments, Judge Debra Nelson ruled Thursday.
But she put off a decision whether they could consider a charge of third-degree murder after attorney Don West offered fierce objection to the charge, which prosecutors said is based on the idea that Zimmerman committed child abuse in killing 17-year-old Trayvon Martin.
"Oh my God," he told Nelson. "Just when I thought this case couldn't get any more bizarre, the state is seeking third-degree murder based on child abuse."
Prosecutors are seeking the additional charges to give jurors more options should they find Zimmerman didn't commit second-degree murder when he killed Martin on February 26, 2012.
In arguing unsuccessfully against the manslaughter charge, West told Nelson that Zimmerman believes that because the "state has charged him with second-degree murder, they should be required to prove it, if they can."
Closing arguments in the case were expected to begin Thursday afternoon, after attorneys finish arguing over legal points in the jury instructions -- including decisions on explaining justifiable use of force and Florida's controversial "Stand Your Ground" law.
bttn_close.gif

130709192750-0709-zimmerman-trial-horizontal-gallery.jpg
Dr. Vincent Di Maio, a forensic pathologist and gunshot wound expert, describes the injuries of George Zimmerman while testifying for the defense on Tuesday, July 9, in Sanford, Florida. Zimmerman is charged with second-degree murder in the February 2012 shooting death of 17-year-old Trayvon Martin.

130709111417-01-zimmerman-0709-horizontal-gallery.jpg
George Zimmerman's attorney Mark O'Mara, right, questions forensics animation expert Daniel Schumaker, center, at the bench of Judge Debra Nelson with Assistant State Attorney Richard Mantei, left, during a July 9 hearing on the admissibility of animation created for the defense. Schumaker showed the judge and Mantei some 3-D animation on his laptop after an overhead projector didn't work.

130708135513-01-zimmerman-0708-horizontal-gallery.jpg
John Donnelly, a friend of George Zimmerman's, cries on the witness stand on Monday, July 8, in Sanford, Florida, after listening to screams on the 911 tape entered in evidence.

130708135632-02-zimmerman-0708-horizontal-gallery.jpg
Sondra Osterman, a friend of Zimmerman's, listens to the 911 tape while testifying on July 8.

130708135728-03-zimmerman-0708-horizontal-gallery.jpg
Mark Osterman, a friend of Zimmerman's, testifies on July 8 and describes the type of gun Zimmerman owned.

130708135827-04-zimmerman-0708-horizontal-gallery.jpg
Leanne Benjamin, a friend of Zimmerman's, smiles while identifying him in court on July 8.

130705103739-01-zimmerman-0705-horizontal-gallery.jpg
Sybrina Fulton, mother of Trayvon Martin, takes the stand during Zimmerman's trial on Friday, July 5.

130705184025-gladys-zimmerman-horizontal-gallery.jpg
George Zimmerman's mother, Gladys Zimmerman, listens to the 911 tape while taking the stand during his trial in Seminole County circuit court on July 5.

130705151248-jahvaris-fulton-horizontal-gallery.jpg
Martin's brother Jahvaris Fulton testifies at the Zimmerman trial in Seminole County circuit court on July 5.

130705151246-shiping-bao-zimmerman-horizontal-gallery.jpg
Volusia and Seminole County associate medical examiner Shiping Bao testifies on July 5. Bao conducted the final autopsy on Martin and determined the cause of death to be a gunshot wound to the chest.

130704112556-02-zimmerman-trial-0704-horizontal-gallery.jpg
Florida Department of Law Enforcement Crime Lab Analyst Anthony Gorgone testifies about DNA findings on Wednesday, July 3, in Sanford, Florida. Here, Gorgone points to a sweatshirt worn by Trayvon Martin on the night Martin was shot. Only one stain on Martin's hooded jacket yielded a partial DNA profile that matched Zimmerman's.

130704112514-01-zimmerman-trial-0704-horizontal-gallery.jpg
Gorgone points to a jacket worn by Zimmerman on the night of the shooting. Multiple stains on Zimmerman's jacket tested positive for Zimmerman's DNA. At least two stains from the jacket tested positive for a mixture of DNA that included Martin's DNA.

130704112620-03-zimmerman-trial-0704-horizontal-gallery.jpg
Firearms analyst Amy Siewert from the Florida Department of Law Enforcement answers questions from the prosecution while holding Zimmerman's gun on July 3. Siewert examined the gun and said Zimmerman had one bullet ready to fire in the chamber as well as a fully loaded magazine when the shooting occurred.

130704112707-05-zimmerman-trial-0704-horizontal-gallery.jpg
Alexis Carter, a military prosecutor, testifies during the trial on July 3. Carter taught a criminal litigation class that Zimmerman completed, and testified that the class included extensive coverage of Florida's self-defense laws.

130704112729-06-zimmerman-trial-0704-horizontal-gallery.jpg
Mark Osterman, a U.S. Air Marshal and friend of Zimmerman's who wrote a book about the case, testifies on Tuesday, July 2. He recounted the story of the shooting that Zimmerman told him and testified that when he took Zimmerman home from the police station after the shooting, Zimmerman wasn't acting like himself.

130704112750-07-zimmerman-trial-0704-horizontal-gallery.jpg
Prosecutor Bernie de la Rionda, on July 2, demonstrates a possible scenario while questioning state witness Chris Serino, a Sanford police officer.

130701113631-01-zimmerman-trial-0701-horizontal-gallery.jpg
Hirotaka Nakasone, a voice recognition expert with the FBI, testifies in the Zimmerman trial on Monday, July 1.

130628121354-01-zimmerman-trial-0628-horizontal-gallery.jpg
Witness Jonathan Good is cross-examined by defense attorney Mark O'Mara on Friday, June 28.

130627181347-01-zimmerman-trial-0627-horizontal-gallery.jpg
Selma Mora reenacts a scenario for defense attorney Mark O'Mara on Thursday, June 27. Mora lived in Zimmerman's neighborhood at the time of the shooting.

130627182520-02-zimmerman-trial-0627-horizontal-gallery.jpg
Witness Jennifer Lauer points to where her former home was in the Retreat at Twin Lakes community during questioning by defense attorney Mark O'Mara on June 27. Lauer called 911 on the night of the shooting.

130627182753-03-zimmerman-trial-0627-horizontal-gallery.jpg
Rachel Jeantel, a friend of Martin's, is questioned by defense attorney Don West on June 27. She appeared to get frustrated several times during the cross-examination, including one time when West suggested they could break until the morning so she'd have more time to review the deposition transcript.

130627183232-04-zimmerman-trial-0627-horizontal-gallery.jpg
The evidence letter that Jeantel says she wrote with a friend for Sybrina Fulton, Martin's mother, is displayed during the trial on June 27. When the defense asked Jeantel to read the letter, she said she couldn't read cursive. She asked a friend to write the letter for her, she said.

130627183943-05-zimmerman-trial-0627-horizontal-gallery.jpg
Jeantel testifies on Wednesday, June 26. She was the last person to speak with Martin on the phone.

130627184202-06-zimmerman-trial-0627-horizontal-gallery.jpg
Zimmerman walks past Martin's parents, Sybrina Fulton, left, and Tracy Martin, second from left, as he enters the courtroom after lunch recess on June 26.

130627184949-07-zimmerman-trial-0625-horizontal-gallery.jpg
Diana Smith of the Sanford Police Department on Tuesday, June 25, shows the jury a bag of Skittles that was collected as evidence at the crime scene. Martin was said to be carrying the bag of candy and a soft drink at the time of his death.

130627185229-08-zimmerman-trial-0625-horizontal-gallery.jpg
Assistant state attorneys John Guy, left, and Richard Mantei hold up Martin's sweatshirt as evidence during Zimmerman's trial on June 25. After Martin's death, protesters started wearing hoodies in solidarity against racial profiling.

130627190049-09-zimmerman-trial-0625-horizontal-gallery.jpg
During the trial on June 25, crime scene technician Diana Smith shows the jury a gun that was collected as evidence.

130627190328-10-zimmerman-trial-0625-horizontal-gallery.jpg
Zimmerman laughs with defense attorney Don West during his trial on June 25.

130627190456-11-zimmerman-trial-0625-horizontal-gallery.jpg
Selene Bahadoor enters the courtroom to take the witness stand on June 25. She was the first eyewitness to testify and said the shooting occured right behind her home.

130627190840-12-zimmerman-trial-0625-horizontal-gallery.jpg
Seminole County 911 dispatcher Sean Noffke testifies on Monday, June 24, about his conversation with Zimmerman on a non-emergency line the night of the shooting.

130627191148-13-zimmerman-trial-0625-horizontal-gallery.jpg
A transcript of Zimmerman's police call on the night of the shooting is projected during opening arguments on June 24.

130627191905-14-zimmerman-trial-0624-horizontal-gallery.jpg
Martin's father, Tracy Martin, cries on June 24 as he listens to the description of his son's death.

130627192119-15-zimmerman-trial-0624-horizontal-gallery.jpg
Prosecutor John Guy gestures during his opening arguments on June 24. His first words to the six-woman jury may have raised a few eyebrows. "Good morning. 'F*****g punks, these a******s all get away,'" Guy quoted Zimmerman. "These were the words in this grown man's mouth as he followed this boy that he didn't know. Those were his words, not mine."

130627192529-16-zimmerman-trial-0624-horizontal-gallery.jpg
From left, Zimmerman's father, Robert Zimmerman Sr.; his mother, Gladys; and his wife, Shellie, are escorted from the courtroom on June 24. Since they are all on the witness list, the judge ruled they cannot be present in the courtroom until after they testify.

130627192811-17-zimmerman-trial-0624-horizontal-gallery.jpg
Defense attorney Don West displays a photo of Zimmerman from the night of the shooting during his opening arguments on June 24. He opened his statements with a knock-knock joke but failed to win a laugh. "Knock knock. Who's there? George Zimmerman. George Zimmerman who? Good, you're on the jury," he said.

130627193130-18-zimmerman-trial-0624-horizontal-gallery.jpg
A video entered as evidence is displayed on June 24. It shows Martin, right, at a 7-Eleven on the night of his shooting.

130627193404-19-zimmerman-trial-0624-horizontal-gallery.jpg
From left, Martin's parents, Tracy Martin and Sybrina Fulton, and Benjamin Crump, the family's legal counsel, make a brief statement to the media before jurors heard opening statements on June 24.

130627193713-20-zimmerman-trial-0624-horizontal-gallery.jpg
Zimmerman waits for the start of his trial on June 24.


Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin
Zimmerman trial in death of Trayvon Martin

130709192750-0709-zimmerman-trial-topics.jpg

1
130709111417-01-zimmerman-0709-topics.jpg

2
130708135513-01-zimmerman-0708-topics.jpg

3
130708135632-02-zimmerman-0708-topics.jpg

4
130708135728-03-zimmerman-0708-topics.jpg

5
130708135827-04-zimmerman-0708-topics.jpg

6
130705103739-01-zimmerman-0705-topics.jpg

7
130705184025-gladys-zimmerman-topics.jpg

8
130705151248-jahvaris-fulton-topics.jpg

9
130705151246-shiping-bao-zimmerman-topics.jpg

10
130704112556-02-zimmerman-trial-0704-topics.jpg

11
130704112514-01-zimmerman-trial-0704-topics.jpg

12
130704112620-03-zimmerman-trial-0704-topics.jpg

13
130704112707-05-zimmerman-trial-0704-topics.jpg

14
130704112729-06-zimmerman-trial-0704-topics.jpg

15
130704112750-07-zimmerman-trial-0704-topics.jpg

16
130701113631-01-zimmerman-trial-0701-topics.jpg

17
130628121354-01-zimmerman-trial-0628-topics.jpg

18
130627181347-01-zimmerman-trial-0627-topics.jpg

19
130627182520-02-zimmerman-trial-0627-topics.jpg

20
130627182753-03-zimmerman-trial-0627-topics.jpg

21
130627183232-04-zimmerman-trial-0627-topics.jpg

22
130627183943-05-zimmerman-trial-0627-topics.jpg

23
130627184202-06-zimmerman-trial-0627-topics.jpg

24
130627184949-07-zimmerman-trial-0625-topics.jpg

25
130627185229-08-zimmerman-trial-0625-topics.jpg

26
130627190049-09-zimmerman-trial-0625-topics.jpg

27
130627190328-10-zimmerman-trial-0625-topics.jpg

28
130627190456-11-zimmerman-trial-0625-topics.jpg

29
130627190840-12-zimmerman-trial-0625-topics.jpg

30
130627191148-13-zimmerman-trial-0625-topics.jpg

31
130627191905-14-zimmerman-trial-0624-topics.jpg

32
130627192119-15-zimmerman-trial-0624-topics.jpg

33
130627192529-16-zimmerman-trial-0624-topics.jpg

34
130627192811-17-zimmerman-trial-0624-topics.jpg

35
130627193130-18-zimmerman-trial-0624-topics.jpg

36
130627193404-19-zimmerman-trial-0624-topics.jpg

37
130627193713-20-zimmerman-trial-0624-topics.jpg

38



130709192750-0709-zimmerman-trial-horizontal-gallery.jpg
Photos: Zimmerman trial


bttn_close.gif

130523170103-01-trayvon-0523-horizontal-gallery.jpg
Trayvon Martin in a picture released on Thursday, May 23, by attorneys for George Zimmerman, the neighborhood watch volunteer accused of killing Martin without provocation 14 months ago. The evidence, Zimmerman's attorneys say, paints a different picture of the 17-year-old than the one portrayed by his family and supporters.

130523170749-03-trayvon-0523-horizontal-gallery.jpg
Much of the evidence disclosed in filings by Zimmerman's attorneys on May 23 comes from Martin's cell phone, including photos showing small marijuana plants growing in pots.

130523170713-02-trayvon-0523-horizontal-gallery.jpg
A person holds a gun in this image taken from Martin's cell phone.

130523170951-06-trayvon-0523-horizontal-gallery.jpg
Martin stands between two other young men.

130523170843-04-trayvon-0523-horizontal-gallery.jpg
Smoke escapes from Martin's mouth in this series of images taken from his cell phone.

130523171020-07-trayvon-0523-horizontal-gallery.jpg
Defense attorneys say they will try to use the evidence if prosecutors attempt to attack Zimmerman's character during his trial on second-degree murder charges, set to begin next month. The Martin family's attorney says the information is irrelevant and meant to prejudice a jury.


New photos in Trayvon Martin case
New photos in Trayvon Martin case
New photos in Trayvon Martin case
New photos in Trayvon Martin case
New photos in Trayvon Martin case
New photos in Trayvon Martin case


130523170103-01-trayvon-0523-horizontal-gallery.jpg
New photos in Trayvon Martin case


bttn_close.gif

130711060349-exp-early-howell-zimmerman-defense-rested-00010911-story-body.jpg
Defense rests in Zimmerman trial
The law provides legal protections to people who use deadly force against attackers when faced with a fear of death or serious harm.
Ex-Sanford police chief: Zimmerman prove 'taken away from us'
Zimmerman, 29, has never denied shooting Martin. But he's contended that he did so in self defense, portraying himself as the victim and Martin as the aggressor.
But the late teen's backers say the shooting could not be justified, with activists leading widely attended rallies and taking other steps urging authorities to press charges. Faulting Zimmerman for ignoring a 911 dispatcher's direction not to follow the teen, they believe Zimmerman profiled Martin because he was black.
Zimmerman trial: It's about race
Many of those arguments, on both sides, will likely play out during closing arguments.
Those start Thursday afternoon, when Bernie de la Rionda makes the prosecution's case for up to two hours. Defense lawyer Mark O'Mara will make his case for up to three hours Friday morning, followed by a rebuttal of up to one hour from prosecutor John Guy.
Later Friday, the case will be in the hands of the all-female jury.
No testimony from Zimmerman
Zimmerman, from his comments to police to the arguments of his lawyers, has steadfastly maintained he shouldn't be found guilty of murder, contending he shot the teen in self-defense.
But jurors weighing his fate won't hear that from him directly.
On Wednesday afternoon, Judge Debra Nelson asked Zimmerman if he'd made a decision about taking the stand in his own defense.
"After consulting with counsel," Zimmerman replied, he'd decided "not to testify, your honor."
Moments later -- and after Nelson refused a request from Zimmerman's team to dismiss the case before the jury could weigh in -- the defense rested its case.
Justice Dept. 'peacekeepers' worked 'Trayvon' rallies, group claims
Lawyer wrestles with foam dummy
The prosecution had once stated its intention to call up to three witnesses in the rebuttal phase of the trial but did not call any. One potential rebuttal witness was not called because the judge ruled prosecutors couldn't pursue one line of questioning. Another was ruled out because the prosecution wasn't certain the witness was available. The exclusion of the third potential witness wasn't explained.
That means the last witness the jury will have heard from is Robert Zimmerman, George's father.
bttn_close.gif

130710223648-exp-pmt-scott-turow-zimmerman-trial-00002824-story-body.jpg
Author: Zimmerman won't be convicted
bttn_close.gif

130711001918-ac-zimmerman-fmr-sanford-police-chief-exclusive-howell-long-intv-00050129-story-body.jpg
Ex-police chief: I upheld my oath
bttn_close.gif

130709172832-lead-george-zimmerman-case-analysis-00011012-story-body.jpg
Manslaughter more likely?
bttn_close.gif

130710035131-sot-use-your-voice-not-your-hands-00002124-story-body.jpg
Preparing for Zimmerman verdict
He testified -- like his wife, Gladys, had earlier in the trial -- that he believes it was his son who was screaming on the infamous 911 recording of the altercation that ended in Martin's death.
Contrast their testimony to that of Martin's mother, Sybrina Fulton, who said she was "absolutely" certain that the panicked voice was that of her son. The late teenager's brother, Jahvaris Fulton, made a similar declaration in court.
Defense attorneys argue Zimmerman shot Martin in self-defense after the teenager charged him. Prosecutors argue Zimmerman followed Martin through his neighborhood and shot him without provocation.
Opinion: What about Martin's right to 'stand his ground?'
The fatal gunshot
The star Wednesday may have been a foam dummy.
O'Mara grappled with the life-size model inside the courtroom, working to show rapt jurors the competing versions of what happened the rainy night Martin was killed.
Assistant State Attorney John Guy brought out the dummy in an effort to demonstrate that it would have been difficult for Zimmerman to retrieve his handgun from his pocket with Martin straddling him, as defense attorneys have argued was the case.
The fatal gunshot, Guy reminded defense witness Dennis Root, was fired at a 90-degree angle into Martin's body.
Police urge calm as verdict nears
"Wouldn't that be consistent with Travyon Martin getting off of George Zimmerman and George Zimmerman raising the gun and firing it?" Guy asked Root, a use-of-force expert.
"It could be consistent with any kind of movement ... We weren't there so the info that we have is George Zimmerman's statement," he said.
Later, O'Mara straddled the dummy himself, pounding the back of its head against the carpeted courtroom floor, demonstrating how he says Martin gave Zimmerman the head wounds seen in police photographs from the night of the shooting.
In trial, it's a jury of millions
HLN's Grace Wong, Graham Winch, Jonathan Anker and Anna Lanfreschi and CNN's John Couwels contributed to this report.

p-89EKCgBk8MZdE.gif
 
Back
Top