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Cross posted from Frederick Leatherman Law Blog.
Trayvon Martin's Parents at a rally for justice (Photo: David Shankbone / Flickr).
Amy L. Siewert is a Crime Laboratory Analyst employed by the Florida Department of Law Enforcement Crime Laboratory. She examined TM’s Fruit of the Loom dark gray hooded sweatshirt (Exhibit ME 12) and the light gray Nike sweatshirt (Exhibit ME 8) that he was wearing underneath the hoodie when GZ shot and killed him
In her report dated March 22, 2012, she concluded:
The sweatshirts each display a hole located in the upper chest area. The areas around these holes were microscopically examined and chemically processed for the presence of gunshot residues. Both holes displayed residues and physical effects consistent with a contact shot.
In her bench notes, which the prosecution released in the recent document dump last Thursday, she specifically noted that her microscopic examination of the the light gray sweatshirt (ME 8) “shows results consistent with a contact shot (tearing a hole, sooting around the hole, burning/singeing, no powder pattern, vaporous Pb surrounding the hole). She also noted that the hole exhibited “stellate” tearing. She described the hole in the hooded sweatshirt (ME 12) identically, but noted L-shaped tearing.
These are the classic signs of a contact shot. That is, the muzzle of the gun was in contact with the outer hooded sweatshirt with the light gray sweatshirt immediately behind, or in contact with it.
She also test fired GZ’s gun into squares of cloth cut from both sweatshirts and verified that the muzzle of the gun was in contact with the sweatshirts.
She also noted that the holes in the sweatshirts align with each other.
She also measured the vertical distance from the hole up to to the neck seam at approximately 7 inches. The horizontal distance to the shoulder seam was approximately 7 1/2 inches.
Although these holes align with each other, they do not align with the entry wound in TM’s chest. According to the autopsy report, the entry wound is 1 inch left of the midline and 1/2 inch below the left nipple.
Therefore, the entry wound is approximately 3 1/2 inches below and 2 1/2 inches closer to the midline than the holes in the sweatshirts.
Also significant is that the entry wound was caused by a gunshot in which the muzzle of the gun was at an intermediate range of 2-4 inches.
What does this mean?
I believe it means the sweatshirts were being pulled down or being held by GZ as TM was pulling back or attempting to stand up (and probably screaming for help as he did so) when GZ pressed the muzzle of his gun against the hooded sweatshirt and pulled the trigger. The two sweatshirts were in contact with each other (i.e., gripped together) and approximately 2-4 inches from his chest.
The trajectory of the shot would have been straight through neither varying up or down nor left or right, if TM were leaning forward while attempting to get away, but restrained from escaping by GZ’s grip on his sweatshirts.
60 Comments
The devil is in the details.
This was always the only possibility. Zimmerman had been looking for a chance to kill a blah person for years, and then he finally convinced himself that he got one. Now he has a sad because meanie liberals wouldn’t let him get his rocks off and go home.
And if GZ were holding the sweatshirts in one hand and the gun in the other, then both his hands were occupied. Yet another inconsistency in his story.
I’m still having trouble imagining how the shot ended up going straight through Trayvon’s body. Maybe he had raised his hips, trying to get up/away, while GZ held onto the garments, restraining his upper body, and his torso was more or less parallel to the ground at the moment he was shot?
For those who haven’t been involved with forensic findings and forensic testimony. This is a key phrase and one you’ll find repeated again and again. Even I whose experience with criminal law is pretty low compared to Mason’s have encountered it again and again over the years. Indeed I’ve even used when writing reports that I know I’ll be asked questions about in court or court martial proceedings.
The formula is this:
it is sometimes followed (at least in Irish and UK courts) with a negative:
An example could be the presence of bloodstains on a wall in a spray pattern. Patterns of bloodstains can tell you a lot.
Depending on the type of pattern the bloodstains make you can tell whether they’re from arterial bleeding or not. Arterial bleeding doesn’t take place for very long (because unless it’s stopped very quickly the person doing the bleeding dies of shock, trauma, and exsanguination).
That’s important for determining several things. Such as how determined the attacker was to injure or kill their victim.
Consider for example the finding of a body with stab wounds. There is no weapon were the body was found. Among the other physical evidence however is a diminishing spray pattern of bloodstains on a wall.
The body’s hands have injuries consistent with knife defense wounds. All of the body’s injuries are to the front.
The body is facing away from the wall which has the diminishing spray pattern of bloodstains.
What does this tell us?
• The amount of blood at the scene coupled with the diminishing spray pattern of bloodstains on the wall is consistent with the fatal attack having taken place at that location.
• The type of pattern of blood stains (diminishing spray pattern) is consistent with arterial bleeding.
• The type of pattern of blood stains (diminishing spray pattern) which is consistent with arterial bleeding and the type of stab wound on the body indicate that the attack was determined and that the attacker was determined to seriously wound or kill and exerted effort to do so. (You have to work at it to produce that kind of wound and that kind of bleeding).
• The defense injuries coupled with the fact that the corpse’s hands have knife defense injuries are consistent with a decedent who tried to defend themselves.
• The fact that the body is facing away from the wall with diminishing spray pattern of bloodstains is consistent with an knife attack victim using their last strength to try to get away from a determined attacker.
Forensic scientists rarely (despite what crime novelists would have you believe) deal with absolute certainties. They deal with likelihoods. The fact that phenomenon A is consistent with occurrence Y but not consistent with occurrence Z tells us that it is likely that Y but not Z took place.
As more and more things that are consistent with occurrence Y are found we can state with increasing confidence what most likely happened. Once all of the evidence consistent with the prosecution’s hypothesis (or hypotheses) adds up in the juries mind to proof that the prosecution’s hypothesis(es) is the correct one we have a conviction. I’ve given an example above. It’s the adding of layer of detail to layer of detail to layer of detail that determines how damning or otherwise the forensic evidence is.
mfi
PS: Recommended.
PPS: The converse is true – a good lawyer prosecution or defense will try to emphasise and explain the inconsistencies in the other side’s story. Thus the numerous individual inconsistencies in Zimmerman’s story (or at least as much of it as has been made public) do not in and of themselves make him a liar.
Zimmerman’s problem is that pattern of inconsistencies, their type and number, are consistent with a liar trying to get away with a felony offense.
I could (and I bet Mason could too) come up with perfectly reasonable explanations for one or two of those inconsistencies. What we can’t do is come up with perfectly reasonable explanations for so many inconsistencies in Zimmerman’s story.
Zimmerman strikes me as being not particularly bright and not endowed with a good memory. It was after all a famous American lawyer who pointed out that:
I rather suspect that this case will prove the veracity of that statement again.
mfi
Most excellent explanation.
I’d love to borrow it, if that’s OK with you.
Yep, the more inconsistencies one has to explain, the greater the likelihood of conviction.
After awhile it resembles a game of Twister While Intoxicated (TWI).
Could also be GZ sitting up with TM facing him and leaning forward as he tries to back out of GW’s grasp.
By all means, feel free.
mfi
I’m going to have to remember that acronym – “twister while intoxicated” is marvelously descriptive.
mfi
It makes me sick to think of GZ holding on to Trayvon as he shot him.
I wonder how the defense will explain these findings?
Oh they’ll try, but it’ll be difficult if not impossible to square those details with all the other details. The thing is that it’s cumulative. If you’re willing consider the following thought experiment.
Imagine something you did in public recently with somebody else. Doing the weekend shopping would be a good example. If I were to interrogate you in detail about it there’d most likely be one or two minor inconsistencies in your account of your last weekend shopping trip. Not because your telling lies but because most people are not blessed with absolute and perfect recall. If I were also to interrogate your companion there’d be discrepancies and inconsistencies both internally in there account and vis a vis yours. That’s to be expected very few people have perfect recall and very few people see and recall events identically. (In fact in cases I was involved with where everyone was “singing from the same song sheet” my suspicions were immediately awakened and I started digging). An experienced investigator will recognise and discount the minor inconsistencies in your recollection and will also discount minor inconsistencies between you and your companion’s recollection of events.
It’s when the discrepancies are large and there are lots of them that making explanations that gets difficult – or impossible. I’m very glad I’m not Zimmerman’s lawyer.
mfi
Gracias.
“Twister while Intoxicated” can also be the start to a good orgy scene.
Sorry. The image got stuck and wouldn’t dislodge itself.
recommended
that was very educational
thank you
and thank you mason for the continued excellence of these articles
I also think they will do some forensic testing on the blood flow from Zimmerman’s head wounds that do not look at all consistent with more-than-a-minute head slamming into concrete. Those nice streaks of blood from the two small cuts flow downhill, and they will likely be able to determine what position Zimmerman was in when he received the cuts.
GZ better hope that nobody who has ever played on a sports team is on that jury, because almost anyone who has ever played sports has received at least some bruising with their cuts. I got kicked in the head playing soccer (22 stitches) and it looked like I was slaughtered. First thing I did, on instinct, was to cover my head with my arms on the ground, because I thought this person was going to kick me again. So, my sleeves, my jersey, even my cleats, just everything was completely soaked in blood. Sorry, GZ, I am not convinced that there was head slamming into concrete.
funny!
UPDATE: Mark O’Mara will be seeking a stay (delay) today of Judge Lester’s order directing the release of Witness 9′s statements to police and the release of the rest of his recorded jailhouse conversations.
Witness 9 reportedly said a lot of negative things about GZ, including that he is a racist.
Not sure if he’s asking Judge Lester to stay his order pending the outcome of the motion to disqualify, or if he filed an appeal from Judge Lester’s order and asked the Court of Appeals to stay the order pending the outcome of the appeal.
Not surprisingly, the prosecution will be filing a response objecting to the defendant’s motion to disqualify Judge Lester.
Don’t know when the disqualification issue will be decided, but I’m expecting Judge Lester to continue on as the judge in the case, unless he removes himself voluntarily.
I don’t see that happening and I do not see a proper legal basis to remove him.
I think the only thing the defense will accomplish with this motion is to drive up the level of pain, mostly their pain.
UPDATE 2: Witness 9′s statement has been released.
Copy and paste this link into your browser
http://www.wesh.com/blob/view/-/15530478/data/1/-/1471vv3z/-/Witness-9-statements.null
Witness 9 also accuses him of molesting her as a child.
She is his cousin.
Comment Update: Apparently, Witness 9′s interviews and 172 recorded jailhouse telephone calls were released by the prosecutor’s office as Mark O’Mara was on the Seminole County Courthouse steps with a motion for a stay in his hands.
Y’all might want to go to twitter and enter Zimmerman in the search box. This is going viral.
A very unbiased, objective jury! Hang ‘em high!
I think the bullet hole through the police cruiser spoke volumes.
Since Mason didn’t mention it, witness 9 is claiming GZ molested her when they were kids.
This is disgusting. I can see why both the state and the defense were against releasing the statement. These claims have nothing to do with the shooting, GZ was never charged with sexual abuse, and now it will be impossible for him to get a fair trial.
Was this release really compelled by the Sunshine Law? Did the judge have a choice?
If it is true that GZ began abusing his younger cousin at age 8, and the anguish in W9′s voice supports her claims, then it is almost certain that he was abused himself as a very young child.
The case against GZ for 2nd degree murder seems very strong. Now this is going to make it impossible for him to get a fair trial. What happens now? Do they move the trial to Iceland? I’m sure they have the internet there.
Wow! Now I see why O’Mara wanted to muddy the pr waters before this came out. Imagine what the calls are going to show and they are directly related to the case.
To reacp: Witness #9 is a relative (cousin as noted above), claims GZ and other family members have racia bias, claims molestation from ages 6 to 16. Importantly as the grio.com noted, she made her call to the authorities a mere two days after the incident which was well before the national protests and it appears that was the impetus for the authorities to look into the racial angle.
To answer your questions yes and no. It’s part of discovery especially since she called the cops/prosectuors and not the other way around. The judge delayed it to allow for filings but didn’t really have a choice under the “Sunshine Law”.
Here’s a link to the cousin’s interview about the alleged molestation.
Warning: This is very graphic and it went on for many years.
The cousin would be a character witness, so yes it’s relevant.
When asked why she came forward (two days after the shooting), she said:
When asked to explain. she said she no longer had to worry about running into him.
What’s that about karma?
Unless there is some provision in the Florida State Sunshine Law that I am not aware of, which mandates release of this information, I cannot think of any justification for releasing it and now I am concerned about the possible prejudice to his right to a fair trial.
I am not saying that I do not believe his cousin. I do, absolutely.
However, this evidence is not admissible at his trial under rule 404(b), because it has nothing to do with the murder charge and its potential for prejudice is extreme.
I don’t understand why the defense did not immediately appeal to the Court of Appeals on Friday and request an emergency stay blocking the release of the information pending a ruling by the COA.
Can you help us out, Tuezday?
This is huge. If her testimony is called for at trial and she’s admitted into the record as a character witness, GZ is sunk.
The clip in your link above is heart-wrenching. You can hear in her voice that she’s telling the truth and that it hurts and shames her to do so.
I’m open to correction on this but my understanding is that in American law that information that may be prejudicial to a defendant’s right to a fair trial and that is not related to the offense(s) with which they are charged is not admissible.
If I am correct in my understanding then it is very difficult to see why even under a “sunshine law” a prosecutor felt they could release it. It is also very difficult to see why the defense didn’t get a stay.
I find this development worrying.
mfi
Thinking off the top of my head, which is always dangerous, W9 told the police that she told her parents who told his parents, but nothing came of it, as there was family pressure not to report the matter to the police.
Well, that means no member of the family who has any knowledge of this matter, especially GZ’s mother and father, can testify that he’s a good person or anything of the sort without opening the door to this devastating character evidence being admitted.
You’re right, Mark.
This is a disturbing development.
Per Mason @ 33 above it seems my understanding is correct. I have to say that this seems to me to be sharp practice bordering on misconduct.
Mason in the event of a conviction and appeal (absent errors on the face of the record), could this be said to be prosecutorial misconduct? And if so is the misconduct sufficiently severe to warrant a retrial?
mfi
The prosecutor released it pursuant to the judge’s order who ruled that as part of discovery it was public information that had to be released under Fla’s “sunshine law”. Both the prosecution and the defense fought to keep this data dump out of the public domian. The media organizations fought for their release under Fla’s “sunshine law”.
I think she said she told her sister who then told their parents and at some later point she and her parents confronted GZ about it in 2005 at a Fla. resturant and he supposedly said “I’m sorry” and got up and left.
Ah, thanks for that. That clears up several issues. Nevertheless it does seem to me that at the very least there is a strong possibility that getting a fair trial for the man has become rather more difficult.
mfi
Yes, the lawyers have argued the merits of this matter before Judge Lester and he ruled in favor of the media intervenors pursuant to the Sunshine Law.
I’m surprised the defense did not appeal because this is potentially devastating to their case.
The only reason that I can think of to explain whey they would not have appealed, is they did not think there was any chance they would win.
Well, that and negligence.
I understood O’Mara was going to seek a stay of the judge’s order today, but the information was released at the appointed hour before he acted.
He had most of Friday and the whole weekend to git ‘r done.
I don’t know what to say.
I have to run an errand now, so I’ll post something later today.
UPDATE: Here’s a link to the report in the Miami Herald that they were going to seek a stay.
Yep, think it would have be wiser crafting an appeal to keep this out rather than a grandstanding play to remove the judge? Uh huh.
I read that MOM was on the courthouse steps, on his way to file the motion, when the information was released. Why did he wait so long? Why didn’t he do it on Friday or, at least, first thing this morning? Did he have something better to do over the weekend?
Having listened to W9′s statement in full, I agree that she is believable. But I don’t see any good coming from this. GZ now has a basis for a claim that he cannot get a fair trial. And W9′s life, having been a nightmare from age 6 until now, is about to become even worse. I hope she at least gets some counseling.
Check the Miami Herald link. Apparently, the judge had ruled twice on this matter already. The first time he moved to release it and then held back when he was asked to reconsider, which happened, and then he ruled again to release it.
O’Mara not getting his appeal in before the 11:00am release is really not reasonably explainable.
Boy, the more you know about GZ the more he looks like pure filth!
By the way, I haven’t heard the wingnuts defending this asshole lately!
I simply do not see how justice, or any person, is served by the release of this information, neither is there ANY apparent or conceivable “compelling interest” or “reason” that supports its release, at this time. Especially, if mollyk is correct @25, and I cannot imagine that she is not correct, that BOTH the state and the defense opposed release of the statement.
That the defense did not file a motion in timely fashion points to utter incompetence, however and raises further questions about O’Mara’s overall “strategy”.
As you and Mason agree, this is a very disturbing development. Indeed, it has all the “makings” of a perfect fiasco, it would seem, mark.
DW
So, do you imagine that Zimmerman can receive a fair trial, psalongo?
That is now the only salient question.
DW
From the Miami Herald link in Mason’s post:
The judge said in his ruling that nothing in Florida’s public-records law allows for such information to be kept secret. By law, evidence the prosecution turns over to the defense — called “discovery” — is public record. There are exceptions for things such as telecommunications records and confessions.
The judge had already delayed the release of this info. twice and since the defense ra failed to get their latest appeal in on time, it was released by the prosecutors at the appointed hour pursuant to the above.
Sorry her statements as a family friend that GZ and his family are racists goes to motive for GZ shooting TM I am sure those statements will be let in. Especially if they get more statements from other people.
Her claim of being molested by GZ I am not sure can be let in but if it is I agree with everyone here that GZ is toast in a jury trial.
My question can GZ now ask for a trial with no jury just a judge? Next how can this information be made public when I don’t think it applies to this case unless there is something we don’t know?
I am all for GZ going to prison. I am double wanting GZ to go to prison if he molested that girl.
But unless she has information about GZ being a racist because he said racist stuff while he was molesting her and even then I still have concerns.
Anything she has to say about GZ being a racist admit to trial but her being molested and making that public is wrong.
Wait maybe she has evidence emails, physical evidence etc from GZ or something that provide proof she was molested.
An unsupported allegation is one thing but an allegation backed up by evidence is another matter and I don’t have the lawyer knowledge to even look for an answer.
As may be, ks. I do not dispute, in any way, what you are reporting. I am merely questioning the actual wisdom of such a release. For, I am certain that you will agree, while it may be “the law”, the fact of its being so does NOT guarantee that it is good or just law. I imagine that both of us could point, quite easily, to laws which are neither good nor result in anything which might be termed, justice. As Allan Ginsburg once said, “Bad laws beget disrespect for all law.”
Let me ask you the very same question which I posed to psalongo.
And I hope that you may realize that I have come to respect and appreciate the thoughts which you have shared on Mason’s threads, while I do so.
Do you imagine that George Zimmerman can receive a fair trial, now and, if so, by what means and in what place?
This case, increasingly, is less about George Zimmerman and his very questionable behavior, his willful, dangerous, and reckless behavior and more about the quality of law … and the ability of the rest of us to recognize the jeopardy in which justice now finds herself, in terms of this case.
NONE of us will be or are well-served by injustice … and it seems to me that the likelihood of injustice is now greater than it was, not merely for George Zimmerman, but for the rational rule of law and for the rest of us.
The issue of doubt, specifically that question of the possibility, or impossibility, of a fair trial is just as important to the actual rule of law, as it is to establishing guilt … else it is simply raising shadows beyond the reach and understanding of what is … reasonable.
DW
No GZ can’t get a fair trial now so either somehow this information about GZ being a child molester somehow is 1) material to the case, 2) the judge is a fool or is doing this to get elected or 3) there is something in the law we are missing.
I hope for 1) or 3) I want GZ put away but not if 2) is the reason
This would give GZ grounds for appeal is that what the judge wants to pass the buck get GZ convicted then let the appeals court take the heat?
I am writing an article about this matter that I will post later this afternoon.
For the time being, the evidence of child rape is not admissible at trial, unless the the defense introduces evidence of GZ’s good character. If that happens, the defense will have opened the door and the prosecution will be permitted to call W9 and have her testify about the rapes and molestations.
W9′s testimony about family racism is not admissible because it’s not specific to GZ. She did not mention any specific instances where he expressed racist beliefs or epithets. and even if he had done so, it still would likely be inadmissible.
I have not been seeing any evidence of smart lawyering lately by the defense, but even they are not so incompetent as to place GZ’s character in issue at the trial.
At least I don’t think so.
Last but not least, I have no doubt that the State of Florida will be able to seat a jury and try this case, although they will probably have to move the trial to another part of the state to do so.
Depending on whether SZ cuts a deal and cooperates with the prosecution, and why shouldn’t she after this revelation today, I think evidence of her perjury and his role in concealing assets will be admissible at trial as evidence tending to show consciousness of guilt, if she testifies that the purpose of concealing the assets was to flee.
Who knows, she might even throw in an admission that GZ did not kill TM in self-defense.
Finally, the most immediate and probable consequence of this revelation today should be a sharp drop in internet contributions to GZ’s defense fund.
Later.
I think you may be conflating a couple of things that need to be seperated out. 1) the release of her statement and 2) it’s applicability during a trial.
Now all of this is my lay opinion but,
Insofar as 1, under the “Sunshine Law” her statement had to come out because it’s part of discovery and, as such, public information. The judge did delay it but, at the end of the day, neither the defense nor the prosecution could stop it but futher, the defense simply being late with their last appeal is dubious.
Insofar as 2, the only applicable part during a trial would be her comments about racial bias which I imagine the defense would counter with the FBI interviews/witnesses. But to be clear the prosecution is using TM’s age (as a minor), not race, as an aggravating factor in their charge so the much talked about race issue might not even get mentioned much during a trial. The molestation stuff is highly prejudicial and wouldn’t come in unless the defense really blunders and opens the door for the prosecution.
In terms of the actual truth of the molestation claim, GZ’s team won’t touch that with a ten foot pole. Her call sounds credible and if those conversations (with her sister and presumably later with her parents) and the later meeting with GZ are verfied, he would be in more trouble.
Not that I was asked but I do believe GZ can get a fair trial. Remember Casey Anthony? She was hung out to dry in public, but the state had no evidence and the jury recognized that. Remember Florida is a huge state, as in the Anthony case, the jury will be brought in from elsewhere.
GZ is not a child molester, he is a sexual predator. Had he become a cop,he’d be a threat to any woman he came in contact with in that position of power.
On the 5 pm news, O’Mara admitted W9 was GZ’s cousin but otherwise did not admit or deny the allegations, which I found interesting.
Thanks and to answer your question, yes I think GZ can get a fair trial. There might be a lot of heat now but there have been much more notorious cases in the US. They will probably move the case out of Seminole County but, in spite of all the drama, and remember a lot of that was created by the defendant and his family lying to the judge, he can get a fair trial though O’Mara REALLY needs to get his head on straight and/or control his client.
I appreciate your response, ks, hope that you and Mason, if I understood his comment @53, are correct regarding a fair trial for GZ.
I completely agree with the rest of your comment.
I don’t know if GZ is, somehow, affecting O’Mara’s judgment, as an attorney, however, on some “level” Zimmerman and O’Mara seem to be “well-matched”.
More and more often, I find myself wondering at the behavior and legal competence of certain attorneys … and, in some instances, whether principle or conscience are even engaged.
I am very curious about how the on-line, defense fund-raising is “going”, or has … gone … since these latest revelations.
DW
I have a new post up regarding W9′s revelations today.
Zimmerman: I Love the Smell of Napalm in the Morning.
What I remember about the Casey Anthony trial is that the jury didn’t seem to care and were extremely dim-witted. They only deliberated 11 hours. A combination of dimwittedness and I don’t care-ism resulted in a probable murderer-psychopath getting off scot free. There was plenty of evidence she did in her daughter, but not conclusive evidence she intended to kill her: ie., giving her the benefit of the doubt means that she taped her mouth shut, chloroformed her and put her daughter in the trunk of the car, but maybe didn’t intend for her to die. For all that, the jury hung out a mere day 1/2 before splitting for their much needed vacays.
The problem with Mason’s argument about the sweatshirt is you look at it in the mind’s eye and it goes in slow-motion: the real event happened in mere moments, maybe even as one action. Real evidence of a retreat means TM was running away or walking away, but he was on top of GZ. A last second pulling back of his body is not convincing evidence of a retreat.