Oh shit they are going to impeach her now.
Do what now?
Oh shit they are going to impeach her now.
Do what now?
While true, self-defense/justification is an AFFIRMATIVE DEFENSE, which means that once the prosecution has met its burden, the burden shifts to the defense to prove that self-defense/justification applies.Actually, the onus is on prosecution to prove guilt beyond a reasonable doubt. Nice try though.
Oh shit they are going to impeach her now.
The testimony of every person of interest so far has contradicted at least one major component of Zimmerman's account of how the fight went down (which itself has changed significantly over time). Every testimony has suggested that Zimmerman not only was an aggressor in the lead up to the fight, but during the actual fight, as well.
Furthermore, everyone, including the defense, agrees that Zimmerman killed Trayvon Martin after abandoning the safety of his own home and his vehicle to engage Trayvon Martin, who he perceived to be a dangerous criminal that was fleeing from George Zimmerman.
I might add some perspective here. When I was 14, I was interviewed by police as well. Victim of a crime. Won't elaborate farther than that. But basically, I didn't understand at the time much of what was going on. They taped it, and there was a lot of information I didn't want to talk about at the time, it was too fresh, it hurt to much. Months later, when questioned again, I was farther from the event and less scared, and volenteered more information. This doesn't mean I was changing my story or lied about it initially. I was a scared as hell kid talking about things I didn't want to talk about. I had no idea I was even under oath or what that really meant.
He was already out of his vehicle when the dispatcher asked if he was following, so...
It didn't sound that way from the call, but I'll take your word you are probably following the case more than me.
That doesn't explain why he followed even when he was told not to, and had clearly (he said "okay" in the recording) agreed not to. "These guys always get away" - except for Martin, Zimmerman made sure of that.
Because no one (other than Martin's friend who has already lied under oath) has said that Zimmerman started the fight between the two, and Martin had no damage to his body other than the gunshot wound and the abrasion by his knuckle, while Zimmerman had multiple wounds on the face and back of the scalp.
So it seems to me that so far it comes down to whether you believe Martin jumped Zimmerman as Zimmerman states or if you believe Martin's friend that Zimmerman walked up behind Martin and started the altercation.
This chick is 19 she has been coached for over a year about this trial and she botched it up. Now she is saying that interview that was set up about the murder of her friend she said didn't mean anything to her she didn't want to do it. It screams this chick needs to impeached her credibility is going down the tube every time she opens her mouth.
Still don't understand what her motivation to lie now is. First she lies in order to try and detach herself from the situation but now she's lying to put the guy away, why?
Honestly, I missed that portion - but from what I gather a question was asked (I don't know what the question was) and she replied by saying "I wasn't really taking it seriously" the defense asked "You didn't take the interview seriously?" she said "No, I didn't want to do it" (paraphrasing).
I don't know what that implies - what does it mean to not take it seriously?
This chick is 19 she has been coached for over a year about this trial and she botched it up. Now she is saying that interview that was set up about the murder of her friend she said didn't mean anything to her she didn't want to do it. It screams this chick needs to impeached her credibility is going down the tube every time she opens her mouth.
While true, self-defense/justification is an AFFIRMATIVE DEFENSE, which means that once the prosecution has met its burden, the burden shifts to the defense to prove that self-defense/justification applies.
A lot of powerful people pulling her in many directions. It's gotta be overwhelming and confusing. I'm not even sure she fully understood the questions she was answering. Kinda like how you zone out during a listening test for a foreign language. I zoned out just listening to it.
I am seeing as more from my situation: She didn't want to talk about her friends death, and didn't understand the gravity of the interview.
3.6(f) JUSTIFIABLE USE OF DEADLY FORCE
An issue in this case is whether the defendant acted in self-defense. It is a defense to the offense with which (defendant) is charged if the [death of] [injury to] (victim) resulted from the justifiable use of deadly force.
“Deadly force” means force likely to cause death or great bodily harm.
A person is justified in using deadly force if [he] [she] reasonably believes that such force is necessary to prevent
Aggressor.
- imminent death or great bodily harm to [himself] [herself] or another, or
- the imminent commission of (applicable forcible felony) against [himself] [herself] or another.
However, the use of deadly force is not justifiable if you find:
Read in all cases.
- (Defendant) was attempting to commit, committing, or escaping after the commission of (applicable forcible felony); or
- (Defendant) initially provoked the use of force against [himself] [herself], unless:
- The force asserted toward the defendant was so great that [he] [she] reasonably believed that [he] [she] was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using deadly force on (assailant).
- In good faith, the defendant withdrew from physical contact with (assailant) and clearly indicated to (assailant) that [he] [she] wanted to withdraw and stop the use of deadly force, but (assailant) continued or resumed the use of force.
In deciding whether defendant was justified in the use of deadly force, you must judge [him] [her] by the circumstances by which [he] [she] was surrounded at the time the force was used. The danger facing the defendant need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could be avoided only through the use of that force. Based upon appearances, the defendant must have actually believed that the danger was real.
Prior threats. Give if applicable.
If you find that the defendant who because of threats or prior difficulties with (victim) had reasonable grounds to believe that [he] [she] was in danger of death or great bodily harm at the hands of (victim), then the defendant had the right to arm [himself] [herself]. However, the defendant cannot justify the use of deadly force, if after arming [himself] [herself] [he] [she] renewed [his] [her] difficulty with (victim) when [he] [she] could have avoided the difficulty, although as previously explained if the defendant was not engaged in an unlawful activity and was attacked in any place where [he] [she] had a right to be, [he] [she] had no duty to retreat.
Reputation of victim. Give if applicable.
If you find that (victim) had a reputation of being a violent and dangerous person and that [his] [her] reputation was known to the defendant, you may consider this fact in determining whether the actions of the defendant were those of a reasonable person in dealing with an individual of that reputation.
Physical abilities. Read in all cases.
In considering the issue of self-defense, you may take into account the relative physical abilities and capacities of the defendant and (victim).
Read in all cases.
If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether the defendant was justified in the use of deadly force, you should find the defendant not guilty.
However, if from the evidence you are convinced that the defendant was not justified in the use of deadly force, you should find [him] [her] guilty if all the elements of the charge have been proved.
Actually I think in Florida once the defense is raised and some evidence is presented, the prosecution still has to disprove it BRD.
Murray v. State, 937 So.2d 277, 279 (Fla. 4th Dist. 2006) ("The real nature of his burden concerning his defense of justification is that his evidence of additional facts need merely leave the jury with a reasonable doubt about whether he was justified in using deadly force.")
www.4dca.org/Sept 2006/09-13-06/4D05-3691.op.pdf‎
Like what? The witness that admitted she couldn't tell which of the two was bigger and therefore which of the two was on top of the other?
Engage Martin? You mean see where he was going and what he was wearing?
A lot of powerful people pulling her in many directions. It's gotta be overwhelming and confusing. I'm not even sure she fully understood the questions she was answering. Kinda like how you zone out during a listening test for a foreign language. I zoned out just listening to it.
Even if she couldn't tell who was on top of who, she could tell that the person on top walked away from the fight. Since we know who lived and who died in the fight, we can infer that the person on top was Zimmerman.
When you are on a full mount of someone, that's not a defensive position. Your full body weight is pressing down on someone. Their maneuverability is compromised because their center of mass is pinned down, and their range of motion is restricted.
And yes, he engaged Martin. From Zimmerman's perspective, he spotted a burglar, left his home, followed the burglar in his vehicle, was noticed by the burglar, and contined following him in his vehicle and then on foot even when the burglar was fleeing.
Who removes themselves from safety and persistently follows a dangeorus criminal while aware that they've been spotted and identified by the criminal, then argues they weren't trying to engage? What kind of reasonable argument is that?
Keep in mind that, ignoring the perceptions of character, Zimmerman's actions as I described are basically a textbook description of assault. He was assaulting Trayvon prior to the physical fight.
A lot of powerful people pulling her in many directions. It's gotta be overwhelming and confusing. I'm not even sure she fully understood the questions she was answering. Kinda like how you zone out during a listening test for a foreign language. I zoned out just listening to it.
Oh lord...
Oh lord...
She's skipping town.
Yep. Now we've moved to Papelbon territory. Can't hardly watch.
If she was coached by the defense, jesus, they should have recommended her to not answer any questions on why she lied or changed her testimony, at least to protect her from further perjury claims.
Shes 19 and still in high school, I doubt she can read that well.