Yesterday, I had the privilege of attending proceedings in The State v. George Zimmerman. It was a fantastic day of testimony with seven witnesses ranging from medical professionals, to police officers to our first real eye witness who was able to give details about the “tussle” between Trayvon Martin and George Zimmerman.
About halfway through the day, I heard a number of attendees ask, “Why are we going through the same thing over and over? Isn’t it established Trayvon was on top and Zimemrman on the bottom. Can’t we move on?” For an attorney, this is a loaded question! If you look at what we have heard, there are a number of witnesses who identify one or multiple of the following, a party on top of the other, a party straddling the other, the one on top wearing a dark color, the one on the bottom wearing a lighter color, hearing someone call for help, hearing a gun shot, they think Trayvon Martin is on top, or George Zimmerman was on the bottom.
Now, there is no one witness who has confirmed all of these factors. Does that mean none of what the witnesses have recounted is true or credible? Of course not! You should expect that eye witnesses, those who arrive on scene just after, or leave just before an incident are going to recall details differently or recall different details. The trouble comes in deciding how many witnesses with similar stories does the state or defense need to put on? In a case like this, you risk a lot by not calling someone with a similar story; it may look like you are hiding something. But, there may be other cases where there are ten witnesses and only three need to testify to the details. The others may just be redundant.
That is why the question of how many witnesses need to tell the same or similar story is so loaded for an attorney! If you have any questions about eye witness testimony, or would like a case review of your criminal case, contact The Law Office of Diana S. Miers, PA at (407) 603 – 6538 for more information.