mistermack wrote:The point is that Zimmerman has killed the only other witness to the initial contact.
We know that nothing illegal happened at the initial contact, because that contact occurred while Zimmerman was on the phone with 911.
That is certainly "a" point, but if you mean by "a" point that you've identified "the only" point, or the decisive point, then I have to disagree. In any killing in self-defense, there is a dead person. Self-defense is still a defense.
mistermack wrote:
There is no presumption that he is telling the truth about how it happened. Zimmerman is entitled to claim self-defence, but his version of events does not HAVE to be accepted by a jury.
Of course not, but the jury has to presume him innocent, and the burden of proof is always on the prosecution. All that Zimmerman has to show in court is that his claim of self defense is supported enough such that it creates reasonable doubt as to his guilt of the crime accused.
But, we're not in court right now.
mistermack wrote:
Say Martin had only been paralysed, and was claiming that Zimmerman grabbed him ( highly likely ),
Why do you claim that it is highly likely that Zimmerman grabbed Martin? Why is it not likely that Martin grabbed Zimmerman? Why is one more likely to you than the other?
mistermack wrote:
there would be no presumption that Zimmerman was telling the truth, just because he's the one that's been charged. If Martin was alive, he wouldn't have to PROVE his version, he could just give it, and the jury makes up their mind who to believe.
Zimmerman probably won't tell his story at all, not from his own mouth. They'll use all the other evidence, and present a plausible case with all the witnesses and evidence OTHER THAN Zimmerman. Zimmerman will not take the stand, most likely. So, the jury will not, most likely, hear anything that Zimmerman is "telling."
mistermack wrote:
The presumption of innocence doesn't stretch as far as having to believe the version of events offered by the defendant, just because they killed the victim.
Nobody is suggesting that it does.
As for me, I'm suggesting that there is a problem with the story being presented on Martin's behalf, and that folks are claiming the evidence, like the 911 tape, shows stuff that it doesn't. Take the recent suggestion that Zimmerman ignored police instructions that he remain in his car. He never did that. Why do people insist on making up facts that nobody is even alleging and which are proven wrong by the 911 tape itself.
Don't you, also, think it is strange that the map of the vicinity shows that Martin only had "a few dozen" yards to go to get out of the neighborhood and over to his father's fiance's house, and we are told that that is where Martin was going with his skittles. Yet, after he "ran away" (see 911 tape) there is a good minute and a half of time, more actually, where Zimmerman is milling around discussing where to meet the cops. It is only then, later, that the altercation occurs, still in the community -- a short distance away from where they first saw each other. Why did Martin return? Or, why did he hang around?
That fact - that he must have hung around when he could have left -- if it turns out the ballistics and wound analysis shows that the gun was fired by Zimmerman while Zimmerman was on his back, and Martin on top of him --- wouldn't that point to Zimmerman's story being true?
mistermack wrote:
The prosecution can offer their own interpretation of the facts, suggest that the accused is lying, and invite the jury to conclude that he's guilty. It happens all the time.
Sure, but the prosecution has an ethical obligation to have evidence that supports ever assertion they make. They can't just accuse people of things without evidence.
They can offer a different interpretation of the facts, for sure, and I am very interested in how they explain these two things: (a) All Martin wanted to do was get his skittles back home to his father's fiance's house, a few dozen yards away, and (b) he did not proceed on to his father's fiance's house, but instead hung around for at least a minute and a half (plus whatever additional time was between the end of the 911 tape and the time of the altercation). That's an important explanation.