Friday, July 05, 2013

Trial Tactics and the Boomerang.

On Zimmerman trial, consider that the prosecution dropped Trayvon's mother at the end for the emotional heart-tug appeal of showing the jury the grieving mother.

But the problem is that only witnesses get to testify and Trayvon's mother was not a witness. So, the prosecution ginned her up as a "witness" to identify the screaming voice on the tape.

So, score a point to the prosecution for good lawyering.

However, score more points to the defense for "seeing and raising."  After being jammed by the judge to call witnesses, the defense called the mother and uncle - a law enforcement officer - to counter-identify the screaming voice.

Of course, neither of them are really witnesses either, but the prosecution can hardly complain now, although that didn't stop it from trying:

The first defense witness was a bit of a surprise, but the kind I’ve come to expect from O’Mara and West–George Zimmerman’s mother, Gladys Zimmerman. She was here on a similar mission to that of Sabryna Fulton–to testify that the voice screaming for help on the Jenna Lauer 911 recording was her son. This she did. On cross Bernie de la Rionda took the tack of suggesting that one couldn’t really be expected to accurately match a person’s normal voice to that of them screaming–a deeply ironic approach considering that only before he had expected just that of Sabryna Fulton, and indeed had argued for such a matching through many days and experts of a Frye hearing. Asked if she had ever before heard her son scream like on the tape, Mrs. Zimmerman could only be honest–no, not exactly like that.
O’Mara came back strong, however. Is that scream of anguish, fear, and terror without question your son’s voice?” “Yes,” she answered.

Also, beyond mooting the emotional game, the defense was able to produce two people who obviously can't be identified as "white."  Want to bet that's why these two were selected out of all of Zimmerman's relatives?  And we know that if they aren't white, then we also know that Zimmerman can't be a racist, because - pace all those threads I'm seeing on lib walls - only whites can be racists.

There's the lesson here for trial strategy....clever moves can boomerang.

1 comment:

John Kasaian said...

I'm still trying to figure out how come there are only 6 jurors. Isn't homicide a capitol offense in Florida?
I though Florida required twelve for capitol offenses?

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