July 03, 2013 – No matter how they try, the Prosecutor’s witnesses mess up and make it look good for the defense. As we saw in the OJ and other high profile trails, despite best practices being known, it appears that people that handle evidence do not do so like they do on CSI. How about scrapings from each hand labeled, “finger nail – left hand”. How is anyone supposed to know which fingernail it came from. Perhaps, as the lab tech who had a great haircut and beard trim said, they used the same stick on every fingernail on the hand. Wouldn’t that sort of contaminate the evidence as it would make it impossible to tell which fingernail the evidence came from. It would all sort of be mixed up onto one stick with no way to say which finger it is from. Then there was the issue of the rain washing away the evidence so all they could go by is what was not washed away.
The best was when they called the teacher of GZ’s Criminal Litigation course who waved and said “Hi George” when GZ stood up to be recognized for the court records. He also said that they did not use the term “Stand Your Ground” when talking about defense and also that it would be stupid to wait just until you are about to be killed before defending yourself. The prosecutor is desperate as they have no witnesses or evidence so they are trying to convince the jury that GZ was out looking for trouble and wanted to kill TM. So far all they can do it plant the notion in the jurors’ minds as there is no evidence to support it. They are in effect trying to prove that because GZ knew the law, he fabricated the story to meet the requirements of self defense despite giving testimony right after he shot TM when he would not have enough time to figure it out. They are basically saying that the testimony of anyone who knows the law cannot be trusted. The other thing they are doing is trying to nit pick and finding small details that may not be true or have changed. Their approach to the jury is that if one fact is wrong, all the facts are wrong. That is like saying that if one small fact in the bible is wrong, the whole bible is also wrong. Bad logic but that is what they are trying to sell the jury.
The FDLE firearms analyst for the State also did not help when she said that carrying the Kel-Tec with a full magazine and one in the chamber was perfectly normal and safe. Once again the prosecutor was trying to show that GZ loaded up his gun ready to go because he was looking for trouble. That approach may work for anti gun people who know nothing about guns or self defense as I have heard some say that if GZ was not looking for trouble then he would not have had his gun with him just to go to the store. Apparently some people think that we can predict when we need a gun and only carry them at those times.
The last witness of the day was supposed to be TM’s mother. I assume it was to put an emotional mother before a jury of mothers in an attempt to find GZ guilty of manslaughter thinking that he deserves some sort of punishment. However as I stated yesterday, we are looking at 10-30 years for negligent manslaughter in Florida and the jury is not allowed to know that or look it up on the internet. So they can assume that they will punish GZ with maybe a year in jail for not staying in his car but in effect put him away for a very long time. Bad system of keeping jurors in the dark. I think that the defense was smart in drawing out the trail so that TM’s mother would not be the last witness of the day and end it on a positive note for the prosecution. Instead she will go early on Friday and by the end of the day, the emotional impact on the jury will be much less.
I expect the defense to show that the evidence was handled poorly, that eye witnesses bear out GZ’s account of what happened, that minor inconsistencies are normal when stories are told over and over again and that the State was not even close to proving all of the conditions necessary for a 2nd degree murder conviction. I also expect them to forestall a manslaughter conviction by proving that there was no negligence on GZ’s part. It is not illegal to follow someone and not illegal to ignore a non emergency operator. In fact, as a neighborhood watch captain he would be expected to be suspicious of strangers in his community. There are wounds on TM’s knuckles and non on GZ. TM had no marks other than the bullet wound while GZ had ample evidence of being beaten. The jury will also be told that GZ did not even have to be touched to be in fear of his life and that he was choking on his own blood and unable to get a medical opinion at the time he was being beaten, as to the severity of his injuries. I thought that the prosecutors had a lot more evidence in the Casey Anthony trial to convict and they lost. I see absolutely nothing here to convict GZ. Those that want him convicted seem to be those ignorant of the law and just feel, like little kids ,that GM started it so he is supposed to take whatever he gets as a result. Others feel that if GZ had no gun all would have ended well for both parties. They are assuming a lot and you know what happens when you assume…….