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The Zimmerman case has been everywhere, my blog, the news, the radio, the newspaper, the conversation at the coffee house, Facebook, twitter, and in the line at the grocery store.  So, instead of listing a number of facts you have heard eight ways and backwards, I thought I would list a couple pieces of evidence that are not the forefront of the trial, but may very well provide insight into what happened.  The following are a couple pieces that might lead the jury to believe George Zimmerman was not the initial aggressor and was entitled to use deadly force:

The wind noise on the non-emergency call:   I think this will be important for a couple of reasons. Obviously for the prosecution as they put forth a theory of a disgruntled neighborhood watchman, with just enough knowledge of the system, who is tired of ass holes getting away, that mistakenly profiled an innocent young man as a criminal and made the decision to hunt Trayvon Martin down and execute him.  But, if you listen to the non-emergency call made by George Zimmerman, that may not necessarily be what the wind noise indicates.  On the call, you hear the young man we now know as Trayvon Martin sees George Zimmerman, is heading toward him with something he cannot identify in his hands, begins to circle his car, and then takes off running.  George Zimmerman then gets out of his vehicle, then. You hear the car beep, the car door, the wind start, the non-emergency operator recognizing that George Zimmerman is following the “suspect,” the non-emergency dispatcher let George Zimmerman know he shouldn’t follow Trayvon Martin, and just seconds later, the wind noise stops.  If George Zimmerman really is following Trayvon Martin with the intent to shoot and kill him, why does he stop?  Why does he then continue a conversation with the 911 dispatcher? As much as the prosecution would like the jurors to believe this indicates George Zimmerman followed Trayvon Martin, it may also create the reasonable doubt needed as it shows George Zimmerman also stopped pursuit of Trayvon Martin. Whatever version, theory, or account is true, it seems pretty plausible either way.  Thoughts?

Where the flashlight was found:  We all have, or can very easily if we have not, find the picture of the flashlight laying in the vicinity of Trayvon Martin in the pictures taken by the neighbor on scene.  We know George Zimmerman had the flashlight when he left the car, so how does it end up near Trayvon Martin’s body?  One explanation is that George Zimmerman dropped it once the physical altercation started, whether he started the physical altercation or not.  Logic might say, while waiting for police, Zimmerman was attacked by Trayvon Martin and dropped the flashlight in his surprise.  It is equally as plausible that he dropped it while hitting Trayvon Martin, as the attacker.  But, isn’t it also possible he dropped it hitting Trayvon Martin in self-defense?  We haven’t heard much about the flashlight once it came to lay in the grass that February evening.  But, sometimes it is exactly that forgotten detail that can trigger a jurors mind and lead them to a verdict.  Could the flashlight be the key for one of the jurors?

Where was Trayvon Martin’s Cell Phone?:  There was only one piece of evidence, circumstantial or otherwise that indicates who started the physical altercation between George Zimmerman and Trayvon Martin in February 2012.  That evidence came from testimony by Rachel Jeantel who indicated she heard some screaming and or a thud and the phone then cut out while speaking to Trayvon Martin.  The implication of her testimony seems to me to be – Geroge Zimmerman attacked Trayvon Martin and started the physical altercation.  But, will the jurors consider her testimony credible?  Leaving aside the idea that she brought this testimony out during the trial and not in initial statements or depositions, I would like to know where Trayvon’s cell phone was found.  By her account, I would assume if George Zimmerman did attack Trayvon Martin, Martin certainly didn’t stop to place the phone in his pocket mid “tussle.” Logically, you would think his phone was dropped on the ground.  So, where is the testimony about where the phone was found?  So, did the officers recover the phone in his pocket or on the ground?  Either way, one could postulate that George Zimmerman placed the phone back onto Trayvon Martin’s body.   But, the timeline, the eye witnesses, and other evidence don’t seem to point to that type of movement on George Zimmerman’s behalf.  As a juror, I would want to know.  But, maybe that is why lawyers do not get to be jurors very often!

Again, while these issues may not be the forefront of the case, sometimes that is exactly what a juror’s decision hinges on.  I will be curious to see if any of the jurors do come forward with an explanation of their verdict.  As we approach the end of the defense case, the answer to that question also approaches quickly.  In the meantime, stay tuned for the next potential verdict – The jurors do believe George Zimmerman was the initial aggressor and he was justified in using deadly force. Verdict:  Not Guilty.

As always, if you have any questions, please feel free to contact The Law Office of Diana S. Miers, PA at (407) 603 – 6538 or visit www.dianamierslaw.com for more information.  –Diana S. Miers, Esq.