Defense Gets Discovery in George Zimmerman Case
Posted on Tue May 15, 2012 at 08:36:00 AM EST
Tags: George Zimmerman, Trayvon Martin (all tags)
Mark O'Mara, attorney for George Zimmerman, said Monday he has received discovery from the state prosecutor today:
The discovery package included 67 compact discs and numerous hardcopy documents, including the State’s Discovery Exhibit and Demand for Reciprocal Discovery. The discovery also includes witness statements, 911 calls, non-emergency calls, photos, video, medical records, and more
The Orlando Sentinel has more details of what was turned over, as Corey filed an 8 page document with the Court right before it closed describing what was turned over. [More...]
There are 67 cd's of discovery. The state must turn over all it has, including information that exculpates Zimmerman as well as any that inculpates him.
Since no one has seen the state's 8 page document, everyone is just quoting reporters from the Orlando Sentinel.
We don't even know if the 8 page document represents anything other than a table of contents or catalog of what's been provided. As part of discovery, the state has to list potential witnesses it may call. We don't even know if the Sentinel's reference to "Primary witnesses" means witnesses with direct information rather than background information, or witnesses they think support their case and it intends to call at trial.
We've already heard Zimmerman's call to police, the neighbor's 911 calls, and Trayvon Martin's phone friend "Dee Dee"s version of events as provided to the Martins' lawyers. Witness re-interviews conducted after they were exposed to the media reports and aligned themselves with one side or the other, are not great evidence.
What will be more interesting is the autopsy report, Zimmerman's medical reports, the statement of the Emergency Rescue worker/paramedic who treated him in the back of the patrol car, the ballistics reports, DNA/trace evidence and perhaps fingerprint reports.
The crime scene photos may tell a lot. Then again, maybe not. I would have expected to see a footprint expert mentioned. It was a rainy night. Did neither Zimmerman nor Trayvon leave footprints (particularly on the grass) that could have indicated where they first encountered each other, or their positions when they reached the grass? Or whether both the verbal and physical encounter happened in the same spot?
What will photos of the clothing show? Also, I wonder if the testing results from their clothing are encompassed the state's description of DNA/trace evidence or ballistic evidence. Is there no bloodstain pattern analysis? There's no mention of a an expert in in that field in the Sentinel article.
The video of 7/11 is may tell the time Trayvon was at or left the store. It may also show whether he left the store with the AZ Iced tea in a bag or just carried it in his hand. As for the clubhouse video, I'm not sure what it's relevance will be. It could show the time that Trayvon walked by it or when Zimmerman drove by it, if he ever did that night.
What I didn't see described in the Sentinel was any audio recording of Trayvon Martin's voice. Since the state's investigator testified at the bond hearing the FBI agents could not conclude whose voice was crying for help in the background of one of the 911 calls, and the only other audio experts listed are Tom Owen and Ed Primeau who rendered an opinion for the Orlando Sentinel, the voice experts may cancel each other out.
Primeau never mentioned doing any testing. On his website, he says he used what he calls his "ear critical listening skills" which he describes as a skill comparable to that of a piano tuner.Based on his listening skills, he decided it was a teenager's voice, mostly because the voice on the tape "cracks like teen male’s does when going through puberty." (Going through puberty? Trayvon Martin was 17, not 13.)
Primeau adds:
Tom Owen and I may have the tools and experience available to us to conduct voice identification, but we do not have the proper voices recorded to arrive at a positive ID and conclude the voice yelling on the 911 recording is Trayvon Martin yelling for help. By process of elimination, both Tom Owen and I agree the voice yelling in the 911 recording is not George Zimmerman. That is our opinion, and there is no money involved.
So on his website he says he can't say the voice is Trayvon's, he just thinks it is not Zimmerman's voice. Yet according to the Orlando Sentinel, he said:
"I believe that's Trayvon Martin in the background, without a doubt,"
When he first described how he compared the voices on the tape, he explained he took the call from the Mother Jones website, put it into his "audio computer" and...listened. He added:
As an audio forensic expert I want to make clear that this is not formal voice identification and not meant for legal purposes. It is not a statement of my opinion but rather a presentation of facts as I hear them in two particular 911 recordings.
From the bond hearing transcript:
Did you do any forensic analysis on that voice tape?
GILBREATH: Did I?
O'MARA: Did you or are you aware of anything?
GILBREATH: The "Orlando Sentinel" had someone do it and the FBI has had someone do it.
O'MARA: Is that part of your investigation?
GILBREATH: Yes.
O'MARA: Has that given any insight as to the voice?
GILBREATH: No.
One last item I keep forgetting to mention -- and I hope the discovery answers it. If Zimmerman''s medical records support that he was smacked in the nose, can it be determined whether he was hit by a hand or an object, like an Arizona Iced Tea bottle or can? Was the can seized and sent for testing? Could testing show whether Trayvon had the can or bottle inside the 7-11 bag, and swung the bag at Zimmerman, hitting him in the nose? If Zimmerman was hit with the AZ Iced Tea can or bottle, it might explain why there were no marks on Trayvons hands or knuckles, assuming that's the case.
I'm also curious about the route Zimmerman took from his house to where he parked his car, and what time he left his house. And whether police took photographs of the cement utility covers in the grass near where the body was found. Do they show blood stains? Was any blood found on them that matched Zimmerman's to back up the reports of police and his friends and family who say Trayvon banged his head on cement?
Are there other kinds of evidence you would expect the discovery to clear up? Any other categories you would have expected the Sentinel to mention in describing the State's 8 page list of items?
You can discuss your theories here, so long as you don't misrepresent disputed information as known facts and state your opinions as opinions, not fact. And please, don't even bother to say this list of items turned over in discover, which we haven't even seen and has only been described in a news article, proves Zimmerman is guilty.
< John Edwards Begins Presenting Defense | John Edwards: Here's the Tape > |