Valdosta Daily Times

Top News

July 12, 2013

Jury in Zimmerman trial may consider lesser charge

MIKE SCHNEIDER and KYLE HIGHTOWER — In an unmistakable setback for George Zimmerman, the jury at the neighborhood watch captain’s second-degree murder trial was given the option Thursday of convicting him on the lesser charge of manslaughter in the shooting of 17-year-old Trayvon Martin.

Judge Debra Nelson issued her ruling over the objections of Zimmerman’s lawyers shortly before a prosecutor delivered a closing argument in which he portrayed the defendant as an aspiring police officer who assumed Martin was up to no good and took the law into his own hands.

“A teenager is dead. He is dead through no fault of his own,” prosecutor Bernie de la Rionda told the jurors. “He is dead because a man made assumptions. ... Unfortunately because his assumptions were wrong, Trayvon Benjamin Martin no longer walks this Earth.”

Because of the judge’s ruling, the six jurors will have three options when they start deliberations as early as Friday: guilty of second-degree murder, guilty of manslaughter and not guilty.

Defense attorney Don West had argued for an all-or-nothing strategy, saying the jury’s only options should be guilty of second-degree murder or not guilty altogether.

“The state has charged him with second-degree murder. They should be required to prove it,” West said. “If they had wanted to charge him with manslaughter ... they could do that.”

To win a second-degree murder conviction, prosecutors must prove Zimmerman showed ill will, hatred or spite — a burden the defense has argued the state failed to meet. To get a manslaughter conviction, prosecutors must show only that Zimmerman killed without lawful justification.

Allowing the jurors to consider manslaughter could give those who aren’t convinced the shooting amounted to murder a way to hold Zimmerman responsible for the death of the unarmed teen, said David Hill, an Orlando defense attorney with no connection to the case.

“From the jury’s point of view, if they don’t like the second-degree murder — and I can see why they don’t like it — he doesn’t want to give them any options to convict on lesser charges,” Hill said of West.

Because of the way Florida law imposes longer sentences for crimes committed with a gun, manslaughter could end up carrying a penalty as heavy as the one for second-degree murder: life in prison.

It is standard for prosecutors in Florida murder cases to ask that the jury be allowed to consider lesser charges that were not actually brought against the defendant. And it is not unusual for judges to grant such requests.

Prosecutor Richard Mantei also asked that the jury be allowed to consider third-degree murder, on the premise that Zimmerman committed child abuse when he shot the underage Martin. Zimmerman’s lawyer called that “bizarre” and “outrageous,” and the judge sided with the defense.

Zimmerman, 29, got into a scuffle with Martin after spotting the teen while driving through his gated townhouse complex on a rainy night in February 2012. Zimmerman has claimed he fired in self-defense after Martin sucker-punched him and began slamming his head into the pavement. Prosecutors have disputed his account and portrayed him as the aggressor.

During closing arguments, de la Rionda argued that Zimmerman showed ill will and hatred when he whispered profanities to a police dispatcher over his cellphone while following Martin through the neighborhood. He said Zimmerman “profiled” the teenager as a criminal.

“He assumed Trayvon Martin was a criminal,” de la Rionda said. “That is why we are here.”

The prosecutor told the jury that Zimmerman wanted to be a police officer and that’s why he followed Martin. But “the law doesn’t allow people to take the law into their own hands,” de la Rionda said.

Zimmerman’s lawyers are expected to deliver their closing arguments Friday morning.

1
Text Only
Top News
  • Michigan affirmative ban is OK, Supreme Court says

    A state’s voters are free to outlaw the use of race as a factor in college admissions, the Supreme Court ruled Tuesday in a blow to affirmative action that also laid bare tensions among the justices about a continuing need for programs that address racial inequality in America.

    April 23, 2014

  • ‘Piles and piles’ of bodies in South Sudan slaughter

    Gunmen who targeted both children and the elderly left “piles and piles” of bodies — many of those in a mosque — in a provincial capital in South Sudan, the U.N.’s top humanitarian official in the country said Tuesday.

    April 23, 2014

  • Obama_Stew.jpg Obama views mudslide scene

    Swooping over a terrain of great sadness and death, President Barack Obama took an aerial tour Tuesday of the place where more than three dozen people perished in a mudslide last month, then mourned privately with those who lost loved ones in the destruction.

    April 23, 2014 1 Photo

  • Wall Street_Stew.jpg Earnings and corporate deals lift U.S. stocks

    Corporate deals and some solid earnings reports propelled the stock market to its sixth straight gain Tuesday.

    April 23, 2014 1 Photo

  • Economy College Gradu_Stew.jpg Job market for college grads better but still weak

    With college commencement ceremonies nearing, the government is offering a modest dose of good news for graduating seniors: The job market is brightening for new grads — a bit.

    April 23, 2014 1 Photo

  • Supreme Court TV On t_Stew.jpg Internet TV case: Justices skeptical, concerned

    Grappling with fast-changing technology, Supreme Court justices debated Tuesday whether they can protect the copyrights of TV broadcasters to the shows they send out without strangling innovations in the use of the internet.

    April 23, 2014 1 Photo

  • Today in History

    In 1791, the 15th president of the United States, James Buchanan, was born in Franklin County, Pa.

    April 23, 2014

  • Stowaway teen forces review of airport security

    A 15-year-old boy found his way onto an airport’s tarmac and climbed into a jetliner’s wheel well, then flew for five freezing hours to Hawaii — a misadventure that forced authorities to take a hard look at the security system that protects the nation’s airline fleet.

    April 22, 2014

  • South Korea Ship Sink_Rich copy.jpg Death count in ferry sinking tops 100

    One by one, coast guard officers carried the newly arrived bodies covered in white sheets from a boat to a tent on the dock of this island, the first step in identifying a sharply rising number of corpses from a South Korean ferry that sank nearly a week ago.

    April 22, 2014 1 Photo

  • AP520422034 copy.jpg Today in History for Tuesday, April 22, 2014

    Today is Tuesday, April 22, the 112th day of 2014. There are 253 days left in the year.

    April 22, 2014 1 Photo

Top News
Poll

Given the amount of rain recently, what's your favorite “rain” song?

Singing in the Rain
Purple Rain
Have You Ever Seen the Rain?
November Rain
Rainy Night in Georgia
Other
     View Results