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It may be the hearing for the media's request to unseal the court records...O'Mara did mention this at the bond hearing, he was asking Judge Lester about it...way too soon for immunity hearing (from what I've heard)
You're probably right. Of course the media would want their hearing as soon as possible.
Perhaps Trayvon "profiled" Zimmerman and saw this gun-totin' wannabe and Trayvon realized his only chance of survival was to react in a PROactive manner.
"Situational awareness" - he was being followed by someone he didn't know and who may or may not have shown his gun and Trayvon did what he felt he had to do to defend himself.
Sounds like George Zimmerman did the same thing, just a little better.
Perhaps Trayvon "profiled" Zimmerman and saw this gun-totin' wannabe and Trayvon realized his only chance of survival was to react in a PROactive manner.
"Situational awareness" - he was being followed by someone he didn't know and who may or may not have shown his gun and Trayvon did what he felt he had to do to defend himself.
Makes sense, after I get away from the guy with the gun, I go find him again and take him on. Mensa material indeed.
Both Crump and O'Mara (?) were on Geraldo. Oh, my. Crump is a complete idiot and goes straight for the emotion with absolutely no facts. And he's a liar. He's all silly about how hurt Trayvon's parents supposedly were because George didn't apologize on his website. Along comes O'Mara saying he personally reached out to the parents on George's behalf twice before the hearing and got no response.
Crump must be a complete fool to not have seen that coming. Or he's stupid. Or he's a liar. Or all of the above.
It seems to me that O'Mara is proceeding cautiously, and I think it's wise not to comment on evidence at this point.
Apparently the defense has to request an immunity hearing, it's not just an automatic thing. So O'Mara has to get all the evidence from the State before making the decision as to whether or not to go for an immunity hearing. Seems there's actually a good strategic reason not to take that step. In an immunity hearing the burden of proof is on the defendant to show by a preponderance of the evidence that the use of force was in self-defense, therefore, the defense's entire case will be put on in that hearing. If the defense loses, they are at a disadvantage when the trial comes up.
I found this to be an interesting read:
There are strategic reasons for a defendant not to ask for such a hearing. If a defendant loses, the prosecution will have had a preview of the defendant's best arguments. A hearing could also subject pro-defense witnesses to cross-examination by prosecutors.
If O'Mara asks for an immunity hearing, he will have to decide whether to allow Zimmerman to testify. Whether statements made by Zimmerman at an immunity hearing could be used in a trial is "an open question," said James Felman, a Florida criminal defense attorney.
If the court grants the motion for immunity, the prosecution will have a right to appeal the decision while the case is put on hold. But defense attorneys suggested that winning immunity in the Zimmerman case would be difficult. In instances where there are so many factual disputes, defense attorneys said judges are often inclined to deny immunity requests and let juries decide whether a use of force was self defense.
If Zimmerman loses his motion for immunity, the case will proceed toward a trial. At the trial, Zimmerman will still be able to claim self defense. But unlike at the pre-trial stage, the burden shifts to the prosecution to prove beyond a reasonable doubt that Zimmerman did not act in self defense.
(Reporting by Andrew Longstreth; Additional reporting by David Adams in Miami.)
Thanks FF5000 that was very interesting...O'Mara did state earlier that he would have to carefully review all the evidence before he decides how he will proceed or if he will file a motion to invoke the statutory immunity...even though the defense has to "lay all the cards on the table" so to speak the prosecution must:
"Under Florida's rules governing criminal procedures, O'Mara is entitled to demand immediately that the prosecution turn over evidence against his client. In the Zimmerman case, that information could include police reports, audiotapes, or witness statements in the possession of the prosecutors. Under Florida's rules, the prosecution has 15 days from the time of filing to provide the evidence that the defense requests."
What might trip the prosecution up is if they haven't gathered all of the evidence or not having enough time to prepare for an adequate prosecution...
Just to add: I agree with your assessment of O'Mara, he should remain mum on the case...I've warmed up to him since the bond hearing...
Yet the reporter also states that other witnesses have said that it was Trayvon yelling for help. I suppose headlining that fact wouldn't have played to the audience. Having listened to the Zimmerman 911 call again, there are three things that I find curious that come after his responses about Trayvon's age and race: 1) After telling the dispatcher "Okay" when he says, "We don't need you to do that," Zimmerman then refuses to give the dispatcher his location, saying, "Can't you have them call me?" This seems to clearly indicate that Zimmerman intended to follow Trayvon, else he'd have given an address. 2) When the dispatcher asks him where he is, Zimmerman says that he doesn't know the address. We've all seen the map: It isn't that large, with 231 units IIRC. Why wouldn't Zimmerman know the place by heart since he lived there and was the self-appointed
neighborhood watch captain? 3) For those who theorize that Martin circled around and attacked Zimmerman when he'd gone back to his truck, then why didn't the altercation take place there? Why did it happen behind the row of townhouses, 1/3 of the way to the residence that Martin was visiting?
"It could be months before such a hearing takes place, however. Here are the steps in the legal process and possible strategies Zimmerman might take."
First appearance: Zimmerman appeared in court on Thursday for what amounted to a brief reading of the charge. Judge Mark E. Herr said he found probable cause to move ahead with the case with an arraignment held May 29 before Circuit Court Judge Jessica Recksiedler. Bond hearing: O'Mara said Thursday he will submit a bond motion before the arraignment. Arraignment: The May 29 arraignment is a formal reading of the charge against Zimmerman Discovery of evidence: Under Florida legal rules, prosecutors have 15 days after an arrest to give the defense what evidence they have against Zimmerman. As a practical matter, prosecutors make available evidence as they get it. Evidentiary hearing: Under the Stand Your Ground law, as interpreted by the Florida Supreme Court, a judge can grant Zimmerman immunity from prosecution in this type of hearing. Motion for change of venue: Typically one of the last motions before trial begins. Trial: It could be at least a year before a trial, with the first step the choosing a jury. George Zimmerman Expected To Take The Stand In Trayvon Martin Mu - kcentv.com - KCEN HD - Waco, Temple, and Killeen
Thanks FF5000 that was very interesting...O'Mara did state earlier that he would have to carefully review all the evidence before he decides how he will proceed or if he will file a motion to invoke the statutory immunity...even though the defense has to "lay all the cards on the table" so to speak the prosecution must:
"Under Florida's rules governing criminal procedures, O'Mara is entitled to demand immediately that the prosecution turn over evidence against his client. In the Zimmerman case, that information could include police reports, audiotapes, or witness statements in the possession of the prosecutors. Under Florida's rules, the prosecution has 15 days from the time of filing to provide the evidence that the defense requests."
What might trip the prosecution up is if they haven't gathered all of the evidence or not having enough time to prepare for an adequate prosecution...
Yes, the State does have 15 days to provide the evidence they have, but practically in Florida the State provides the evidence as they find it, so it could take longer than 15 days. My guess would be that O'Mara would not be unhappy to delay all of this as much as possible so that people have a chance to get distracted and interested in other things, cool down a little bit.
Yet the reporter also states that other witnesses have said that it was Trayvon yelling for help. I suppose headlining that fact wouldn't have played to the audience. Having listened to the Zimmerman 911 call again, there are three things that I find curious that come after his responses about Trayvon's age and race: 1) After telling the dispatcher "Okay" when he says, "We don't need you to do that," Zimmerman then refuses to give the dispatcher his location, saying, "Can't you have them call me?" This seems to clearly indicate that Zimmerman intended to follow Trayvon, else he'd have given an address. 2) When the dispatcher asks him where he is, Zimmerman says that he doesn't know the address. We've all seen the map: It isn't that large, with 231 units IIRC. Why wouldn't Zimmerman know the place by heart since he lived there and was the self-appointed
neighborhood watch captain? 3) For those who theorize that Martin circled around and attacked Zimmerman when he'd gone back to his truck, then why didn't the altercation take place there? Why did it happen behind the row of townhouses, 1/3 of the way to the residence that Martin was visiting?
Good questions!
Also, remember that eye witness testimony is infamously unreliable, so the guy who says he saw it all is really not that valuable.
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