Cross posted from Frederick Leatherman Law Blog.
The Orlando Sentinel is reporting today that three more witnesses have changed their stories in the Zimmerman case.
Witness 2
She originally told the police she saw one person chasing another person, who was about 10-12 feet ahead, up the sidewalk between townhomes in the direction of the T-intersection with another sidewalk that connects Twin Trees Street with Retreat View Circle (this is very close to the location where Zimmerman shot Martin). She now says that she only saw one person running. She originally said she could not identify either individual because it was dark and she had taken her contacts out before it happened. That part of her story remains the same.
She changed her story when John Batchelor of the Florida Department of Law Enforcement interviewed her on March 20th.
Witness 12
Witness 12 is a young mother who did not give a recorded statement to the Sanford Police. The Orlando Sentinel reports,
During that session [with an investigator of the Florida Department of Law Enforcement on 3/20/2012 when she gave her first recorded statement], she said she saw two people on the ground immediately after the shooting and was not sure who was on top, Zimmerman or Trayvon.
“I don’t know which one. … All I saw when they were on the ground was dark colors,” she said.
Six days later, however, she was sure: It was Zimmerman on top, she told trial prosecutor Bernie de la Rionda during a 2 1/2-minute recorded session.
Since she saw the two individuals after the shot was fired, and we know that Trayvon Martin was shot, we can infer that she must be right. Zimmerman was on top.
She explained that the person on top was definitely bigger than the person on the bottom and when she saw pictures of them on TV after the shooting, she realized Zimmerman was the guy on top because he is much bigger than Martin (he’s 2 inches shorter but 42 lbs heavier).
Witness 13
Witness 13 did not so much change his story as provide added detail. He originally told the police that he went outside his townhome when he heard a shot and saw Zimmerman standing there “with blood on the back of his head.”
Zimmerman told him that Trayvon “was beating up on me, so I had to shoot him,” the witness told Serino. The Neighborhood Watch captain then asked the witness to call his wife, Shellie Zimmerman, and tell her what happened.
In two subsequent interviews about a month later — one with an FDLE investigator and one with de la Rionda — the witness described Zimmerman’s demeanor in greater detail, adding that he spoke as if the shooting were no big deal.
Zimmerman’s tone, the witness said, was “not like ‘I can’t believe I just shot someone!’ it was more like, ‘Just tell my wife I shot somebody…’ like it was nothing.”
Witness 6
I have already reported on Witness 6 who changed his story from Trayvon Martin “just throwing down blows on the guy, MMA-style,” which is mixed martial arts, to it looked like a wrestling match with Trayvon attempting to restrain or pin down Zimmerman, who was below him. He also changed his story from Zimmerman calling for help to not being certain who was calling for help because he could not see their mouths in the dark.
What does this mean?
Witness 6 is the only person who claimed to have seen Zimmerman calling for help, other than Zimmerman, of course. Other witnesses say it sounded like a young boy pleading for help.
He also is the only witness who supported Zimmerman’s claim that Trayvon was hitting him, although Zimmerman mostly claimed that Trayvon was bashing his head against the sidewalk.
Witness 6′s recantation hurts Zimmerman’s case badly.
Witness 12′s identification of Zimmerman being on top after the shot hurts Zimmerman because he told the police was on the bottom fighting for his life when he shot Trayvon.
Another witness, who saw the shooting from her upstairs bedroom, said the heavier built man was on top when the shot was fired and he stood up and walked 10 -20 feet away after the shot. She is one of several witnesses who say that the cries for help were uttered by the boy, not the heavier built man.
Definitely looks like Zimmerman’s claim of self-defense is evaporating.
What Will The Defense Do?
Defense counsel can confront each witness with their earlier statement and argue that law enforcement improperly influenced them to change their testimony. Maybe they did and maybe they did not, but I imagine they are going to claim otherwise and the emerging forensic evidence is not consistent with self-defense, as I predicted it would not be.
If any member of law enforcement was improperly influencing witnesses it was Sanford PD’s Chris Serino, who was telling witnesses that Zimmerman was the person calling for help. To give him the benefit of the doubt, he probably was relying on Witness 6′s statement, but that was extremely unprofessional.
Now that Witness 6 has recanted that part of his testimony, no one except Zimmerman is claiming that he was the person shouting for help.
Stay tuned.
EDIT: In the section titled, What does this mean, I changed Witness 2′s to Witness 12′s “identification of Zimmerman being on top after the shot hurts Zimmerman because he told the police was on the bottom fighting for his life when he shot Trayvon.” I corrected my error.




36 Comments

Edit suggestion: “He originally to the police”; still haven’t heard from you. :->)
Oh, and forgot to mention this to you.
I saw the photo of Zimmerman’s face from the night of the “fight.”
Reports had said that he had two black eyes and a broken nose,
but in the photo, I count exactly zero black eyes, and one very very straight nose, that appears to never have been broken.
I would like to see the X-rays of that nose.
Thanks for the edit suggestion. I corrected it.
Sorry for the lack of response, but seems like I’m spending all of my time on Trayvon’s case lately.
Soon, my friend. I won’t forget.
Nobody X-rayed it, probably because they saw no displacement and an X-ray verification would not have altered the course of treatment.
Plus, they offered to take him to the ER several times and he refused.
It certainly was not a serious injury.
Thanks, Mason.
Maybe at some point you can explain affirmative defense and the standard that Zimmerman will have to meet in Florida, if you haven’t already done that.
Thank you Mason. I wonder how many of these “changed” stories had to be corrected due to some coaching from the police friendly to Zimmerman? Is it possible that they were originally cowed into giving statements that put Zimmerman in the best possible light but now that it’s not the local police questioning them, the witnesses are recalling the events to the best of their ability?
It makes sense that Trayvon would be fighting back if there were an altercation so all the he said- she said about them rolling around and who was on top really doesn’t change my opinion. I still say that the prosecution should be able to make a case simply by virtue of Zimmerman leaving that vehicle armed to pursue Martin. A neighborhood watch captain does not give you lisence to be a vigilante.
Definitely, and that is especially true of Serino, whom I mentioned.
Don’t see much evidence of steering going on with other witnesses because they gave them blank forms to fill out and came by and picked them up later.
Hard to say because steering is hidden most of the time. Used to see it a lot in the use of photo spreads with cops telling the witnesses that the suspect is in one of the photos in the spread and sometimes placing their finger “innocently” on the suspect’s photo as they say something like, “We have to get this guy off the street.”
The Sanford Police Department screwed up big time by assuming that Trayvon was a criminal who didn’t live in the neighborhood. They never even bothered to check and see if anyone was missing and, even though, he was staying in a townhouse less than 70 yards from the scene of the shooting, they never even knocked on the door. They should have canvassed the entire neighborhood for witnesses and did not.
That assumption led to another assumption some of them made: Zimmerman shot the “evil black thug” in self-defense.
To their credit, such as it is, at least they eventually pressed to have him charged with negligent homicide, but it was much more serious than that.
Your follow-ups/series has been quite good. Keep doing them, please. Recc’d.
I think any changes in witness accounts play into the hands of the defense. Any change clouds the issue. Where you right then, or are you right, now? Did you lie then, or are you lying now? How can your recollection be better now that it was weeks ago, immediately after the incident? The standard is reasonable doubt and numerous changes in witness testimony would seem to create doubt.
I was looking for more info on Zimmerman`s criminal justice schooling,which lead me to the Reuters `nuanced` portrait of G Zimmerman. And I have to say, this whole thing is far from cut-and-dried.
“Voice prints” might tell us who was screaming.
In most cases that is true, but when forensics lead the way supported by common sense, the witness statements become less important and, to the extent that they support or are consistent with them, they will be accepted.
For example, Witness 6 never seemed credible to me and his story about Trayvon throwing down blows in mixed martial arts style sounded like a bad action movie or video game to me. Definitely not real world. Plus, impossible to match up with the minor injuries that Zimmerman sustained and even Zimmerman didn’t describe that happening. He had another movie going that involved repeated head slamming into a sidewalk that is not consistent with the two small cuts on his head.
Now that Witness 6 has changed his story to describe a wrestling match in which Trayvon is on top trying to pin down Zimmerman, that version makes a lot more sense than his first movie.
Only time will tell if either side calls him as a witness and if he does testify, whether the jury will believe him. At this point, I doubt they will call him.
I also think this case is likely headed toward a plea bargain because the prosecution has a tough burden of proof to meet and the defense of self-defense is disappearing.
Thanks, Kelly.
Much appreciated.
I think most jurors are going to see it the same way.
An unarmed and fine young man with his life ahead of him is dead because George Zimmerman decided he was a criminal, confronted him to keep him from getting away like all the others, and he killed him, not realizing that he was living just 7 doors down.
Your continuing analysis of this case, and the breadth and depth of the human and social context in which you properly place it, is very much appreciated, Mason.
The patience you have consistently displayed with uninformed, emotional, or what sometimes appears to be wholly ignorant “certainty”, and even with those who question your very purpose in providing this careful and thorough analysis, is nothing short of amazing and inspiring.
Recommended to the thoughtful attention of all at the Lake, of course.
Mason, you and Crane-Station have, individually and together, enriched this community’s understandings in so many ways and on so very many levels that mere words fail to convey just how much you both are appreciated, respected, and loved. Therefore I shall simply add …
Namaste
DW
They’ve already done that and actually pretty much ruled out Zimmerman.
Yes, I have read about his past and there is a lot of compelling stuff there. But we don’t have to know any of that to decide whether he killed Trayvon Martin in self-defense, jut as we don’t have to know anything about Trayvon Martin to decide that question.
The State of Florida doesn’t have to prove that George Zimmerman is a racist or a bad guy. It has to prove beyond a reasonable doubt that he did not kill Trayvon Martin in self-defense.
The factors Reuters has uncovered constitute what we call mitigation evidence. While it is not relevant to the issue of whether he committed the crime, it is relevant to the issue of what sentence he should receive.
At least, that’s the way our system is designed to work and I think it’s a good idea. Otherwise, you can get a whole class of people escaping justice because they’re rich and influential, for example.
Trayvon Martin deserves justice too.
That article strikes me as very propaganda like. I particularly like how it is only AA teens that conveniently are never caught that were responsible for crime in the area. Why no wonder he automatically assumed Trayvon was up to no good(tongue firmly in cheek.)
The FBI Digital Laboratory reported that the 911 call recording with the screams in the background is of such poor audio quality that it’s impossible to enhance and identify the person screaming.
Nevertheless, two audiologists working independently of each other, each using a different methodology, have concluded that Zimmerman is not the person screaming for help to a reasonable scientific certainty.
I think in this case it is much more likely to help the prosecution because the obvious incompetence of the initial investigation will taint all of the original evidence. Just my .02.
DW, that brought a tear to my eye and Crane too.
I just try to do my best and the Lake has changed me in many ways for the better.
I have always wanted to be of service to others, but I haven’t always wanted to take the high road and my ego has gotten in the way more times than I care to admit, or probably am even aware of.
You have been a powerful influence on me and I am a better person for knowing you through this community.
Bless you, DW.
Namaste
http://www.tampabay.com/news/humaninterest/trayvon-martins-killing-shatters-safety-within-retreat-at-twin-lakes-in/1221799
Here’s another article Hotflash. It doesn’t paint as nearly a flattering picture. 28 pages of 911 call. I wonder if he was going for a record?
I feel confident the story lies somewhere inbetween. One way or another, the guy made a horrible and tragic decision when he chose to ignore the dispatcher and pursue Martin. It’s one he’ll likely regret for the rest of his life no matter how a jury decides.
Ironymeter will have a theoretical good explanation for all this.
I was most interested in the multi-racial family portrait. This will most likely come into evidence for state-of-mind, I would think. If I were GZ’s defense I would try to get it into court. However, IANAL, and from where I sit, it does not look good for GZ. I am not confident in FGL justice, though.
Ohh. Or, ooof.
X2
Gracias.
Mason, I hope you are archiving your posts – they will definitely come in handy once the trial starts. Your analysis and insights are proving to be invaluable – you’re giving us a legal education free of charge! Thanks for your tireless efforts!
DW, Fred read this to me last night, and I would just like to say thank you ever so much for your kind comment here. We are both delighted to be part of this community, and while I do not often reply directly to you, I do read your comments and very much appreciate your calm voice of reason. Many of the issues we discuss here are complicated, often emotional for various reasons- and it is always refreshing to see your wisdom, thank you. Fred will return shortly, so while he is away, I can vouch that he choked up when he read that.
Thanks.
All of my posts, including all of my posts on the George Zimmerman case, are archived chronologically in my Diaries here at the Lake.
I appreciate all the legal information and analysis as mentioned above. I also in my heart value that we are giving Trayvon a way to be heard and remembered. This ongoing process gives him value and presence and keeps us connected to this family tragedy. I am deeply grateful…otherwise we would all be to ourselves alone, pretty much. thanks again both to Mason and to all the voices.
Just an FYI, in the line:
The reference to “Witness 2″ should maybe be Witness 12?
Yes, you are right.
Thanks for pointing that out.
I will make the correction.
Peace to Trayvon and his family. Pray for justice.