Tuesday, July 21, 2020

The Shooting of Trayvon Martin (Part I)


On the night of February 26, 2012, in Sanford, Florida, United States, George Zimmerman fatally shot Trayvon Martin, a 17-year-old African-American high school student. Zimmerman, a 28-year-old man of mixed race, was the neighborhood watch coordinator for his gated community where Martin was visiting his relatives at the time of the shooting. Zimmerman shot Martin, who was unarmed, during a physical altercation between the two. Zimmerman, injured during the encounter, claimed self-defense in the confrontation.


In a widely reported trial, Zimmerman was charged with murder for Martin's death, but acquitted at trial after claiming self-defense. The incident was reviewed by the Department of Justice for potential civil rights violations, but no additional charges were filed, citing insufficient evidence.



Parties involved


Trayvon Martin


An undated personal photo of Trayvon Martin wearing a hoodie was displayed by protesters and sold by merchants on hoodies, T-shirts, and keychains, prompting the family to trademark slogans using his name


Trayvon Benjamin Martin was the son of Sybrina Fulton and Tracy Martin, who were divorced in 1999. He was a junior at Dr. Michael M. Krop High School and lived with his mother and older brother in Miami Gardens, Florida. On the day he was fatally shot, he and his father were visiting his father's fiancée and her son at her town home in Sanford, Florida. She lived in The Retreat at Twin Lakes, a gated community Martin had visited several times before.


According to his autopsy, Martin was 6 feet 2 inches (1.90 m) tall and weighed 158 pounds (72 kg) at the time of his death.


George Zimmerman


George Michael Zimmerman was born in Manassas, Virginia, and is the son of Gladys (née Mesa) Zimmerman, born in Peru, and Robert Zimmerman Sr., a retired Virginia magistrate. At the time of the shooting, Zimmerman was employed as an insurance fraud investigator. He had been working toward an associate degree in criminal justice at Seminole State College. In one of his interviews with the police, he said his goal was to become a judge.


At the time of his arrest on April 11, 2012, Zimmerman's height was reportedly 5 feet 7 inches (1.70 m) and his weight 185 lb (84 kg), according to the Seminole County Sheriff's Office Inmate Booking record.[ Zimmerman's height was shown as 5 feet 8 inches (1.73 m) and his weight at 200 lb (91 kg) on the Sanford Police Department Offense Report for February 26, 2012, the night of the shooting.


Zimmerman and his wife moved to The Retreat at Twin Lakes in 2009.


Sanford Police Department


Bill Lee had been chief of the Sanford Police Department for ten months when the shooting of Martin occurred. Prior to Lee becoming chief, the department had been accused of protecting relatives of police officers involved in violent incidents with black people. Trayvon Martin's case resulted in increased distrust between the police and Sanford's black community.


On March 22, Chief Lee temporarily stepped down from his position because of public criticism over his handling of the Trayvon Martin shooting. In April, the Sanford City Commission refused to accept Lee's resignation and stated that "Lee's spotless record showed there needed to be further review to determine if he failed in his duties." Lee was fired on June 20, 2012, by Sanford City Manager Norton Bonaparte. Lee responded by saying, "I continue to stand by the work performed by the Sanford Police Department in this tragic shooting, which has been plagued by misrepresentations and false statements for interests other than justice."


On June 26, 2012, the lead investigator of the case, Christopher Serino, was transferred from the Sanford Police Department's investigative unit and reassigned to the patrol division at his own request. Serino said he felt pressured by several of his fellow police officers to press charges against Zimmerman, although he believed there was not enough evidence to do so. One of the officers pressuring him was a friend of Martin's father.


In September 2012, Orlando TV station WFTV released a leaked memo in which interim police chief Richard Myers blamed the police department spokesperson, Sgt. David Morgenstern, for having mishandled the Trayvon Martin case. Myers removed Morgenstern from that position.


Martin family attorneys


Benjamin Crump, the lawyer representing the interests of the Martin family, operates a law firm in Tallahassee, Florida, with his partner Daryl Parks. The firm has eight lawyers who focus on wrongful death, malpractice, personal injury and civil rights.


The Martin family was also represented by Natalie Jackson, an Orlando civil rights attorney.


Background of the shooting


The Retreat at Twin Lakes is a 260-unit, gated, townhome community in Sanford, Florida. The population of the development at the time of the shooting was about 49% non-Hispanic white, 23% Hispanic (of any race), 20% black, and 5% Asian, according to Census figures. Both George Zimmerman and Tracy Martin's fiancée were renting homes in the development at the time of the shooting. Martin had been staying with his father's fiancée at The Retreat.


From January 1, 2011, through February 26, 2012, police were called to The Retreat at Twin Lakes 402 times. Crimes committed at The Retreat in the year prior to Martin's death had included eight burglaries, nine thefts, and one shooting. Twin Lakes residents said there were dozens of reports of attempted break-ins, which had created an atmosphere of fear in their neighborhood.


In September 2011, the Twin Lakes residents held an organizational meeting to create a neighborhood watch program. Zimmerman was selected by neighbors as the program's coordinator, according to Wendy Dorival, Neighborhood Watch organizer for the Sanford Police Department.


Zimmerman had made nearly 50 calls to police between 2004 and 2012 to report various local disturbances, such as loud parties, open garage doors, potholes, and children playing in the street. Following break-ins in the neighborhood in 2011, Zimmerman's calls to police increasingly focused on reporting people he suspected of criminal activity.


During the months leading up to the February 26, 2012, shooting, Zimmerman called the police several times to report people he believed to be suspicious. On each of the calls, Zimmerman offered information about the race of the suspects only when specifically asked by the dispatcher to do so; his reports said that all were black males.


According to friends and neighbors of Zimmerman, three weeks prior to the shooting on February 26, Zimmerman called police to report a young man peering into the windows of an empty Twin Lakes home. By the time police arrived, the suspect had fled. On February 6, workers witnessed two young black men lingering in the yard of a Twin Lakes resident around the same time a new laptop and some gold jewelry was stolen from her home. The next day police discovered the stolen laptop in the backpack of a young black man whom Zimmerman identified as the same person he had spotted peering into windows on February 2.


Zimmerman had been licensed to carry a firearm since November 2009.


Shooting


On the evening of February 26, 2012, Zimmerman observed Martin as he returned to the Twin Lakes housing community after having walked to a nearby convenience store. At the time, Zimmerman was driving through the neighborhood on a personal errand.

Zimmerman call to police


At approximately 7:09 p.m., Zimmerman called the Sanford police non-emergency number to report a suspicious person in the Twin Lakes community. Zimmerman said, "We've had some break-ins in my neighborhood, and there's a real suspicious guy⁠ …". He described an unknown male "just walking around looking about" I n the rain and said, "This guy looks like he is up to no good or he is on drugs or something." Zimmerman reported that the person had his hand in his waistband and was walking around looking at homes. He also mentioned that Martin was wearing a "dark hoodie, like a grey hoodie." On the recording, Zimmerman is heard saying, "these assholes, they always get away."


About two minutes into the call, Zimmerman said, "he's running". The dispatcher asked, "He's running? Which way is he running?" Noises on the tape at this point have been interpreted by some media outlets as the sound of a car door chime, possibly indicating Zimmerman opened his car door. Zimmerman followed Martin, eventually losing sight of him. The dispatcher asked Zimmerman if he was following him. When Zimmerman answered, "yeah", the dispatcher said, "We don't need you to do that." Zimmerman responded, "Okay." Zimmerman asked that police call him upon their arrival so he could provide his location. Zimmerman ended the call at 7:15 p.m.


After Zimmerman ended his call with police, a violent encounter took place between him and Martin. It ended with Zimmerman fatally shooting Martin 70 yards (65 m) from the rear door of the townhouse where Martin was staying.


Zimmerman arrested and released


Sanford Police Officer Timothy Smith arrived at the scene at approximately 7:17 p.m., between 5 and 65 seconds after the fatal shot was fired. He reported finding Zimmerman standing near Martin, who was lying face down in the grass and unresponsive. At that time, Zimmerman stated to Smith that he had shot Martin and was still armed. Smith handcuffed Zimmerman and confiscated his black Kel-Tec PF-9 9mm semi-automatic pistol. Smith observed that Zimmerman's back was wet and covered with grass, and he was bleeding from the nose and the back of his head.


Ricardo Ayala, the second officer to arrive that night, noticed Officer Smith had Zimmerman in custody, then observed Martin lying face down in the grass and attempted to get a response from him. At this time, Sgt. Anthony Raimondo arrived and together with Ayala began CPR. Paramedics from Sanford Fire and Rescue arrived and continued CPR, finally declaring Martin dead at 7:30 p.m.


Other officers who had arrived by this time secured the area and made contact with neighbors in the area and obtained statements from witnesses at the scene. The officers, who believed Zimmerman proceeded solely on foot before the attack, did not seize Zimmerman's vehicle until after his wife had moved it. Zimmerman was treated and released by paramedics while still at the scene of the incident. After placing Zimmerman in his police vehicle, Officer Smith heard Zimmerman say, "I was yelling for someone to help me, but no one would help me." Zimmerman was then transported to the Sanford Police Department where he was questioned by investigators for approximately five hours. The police determined that Zimmerman yelled for help at least 14 times in a 38-second span. The question of who was calling for help has been disputed since then by others and remains inconclusive.


On the night of the shooting, Zimmerman was taken in for questioning. He arrived to the police station at 7:52 p.m., according to a police video. Zimmerman was interviewed by Investigator D. Singleton and by Detective Chris Serino. Crime Scene Tech D. Smith photographed his injuries and hands and collected gunshot residue. Zimmerman's weapon was placed into evidence. His clothes were also taken as evidence after his wife arrived with a change of clothes.


Five hours later, Zimmerman was released. The police chief said that there was no evidence to refute Zimmerman's claim of having acted in self-defense, and that under Florida's Stand Your Ground statute, the police were prohibited by law from making an arrest. The police chief also said that Zimmerman had a right to defend himself with lethal force.


The day after the shooting, Zimmerman performed a videotaped reenactment of the incident for police.


Some observers, such as University of Florida law professor and defense attorney Michelle Jacobs and Columbia University law professor Patricia Williams, said that the police failed to fully investigate the shooting when they did not test Zimmerman for drugs or alcohol intoxication. However, Miami, Florida police experts told the Miami Herald that homicide suspects are not typically tested for drugs or alcohol unless the suspect has been accused of having been driving while intoxicated.


Martin's body identified


Martin's body was taken to the morgue, where he was tagged as a John Doe, as he was not carrying any identification. The mobile phone found at the shooting scene was malfunctioning to the point that the police Cellebrite data recovery device could not access it. Martin's father, Tracy Martin, called to file a Missing Persons report early on February 28, and police officers arrived at his fiancée's condo with photographs of his dead son about 9:20 a.m.


The Martin family alleged that Seminole County Attorney Wolfinger met personally with Sanford Chief Lee on the night of the shooting and instructed Lee not to make an arrest. Based on their accusation, the Martin family requested that the Justice Department investigate the State prosecutor's office. Wolfinger responded that the family's accusations were "outright lies" and denied that any such meeting or communication took place. Wolfinger's office reported that the Sanford police consulted with Kelly Jo Hines, the prosecutor on call the night of the shooting, but it has not been disclosed what was talked about.


State Attorney's investigation


On March 12, 2012, Police Chief Lee turned the investigation over to the State Attorney's office for review. Lee said there was not enough evidence to arrest Zimmerman. "In this case Mr. Zimmerman has made the statement of self-defense," Lee said. "Until we can establish probable cause to dispute that, we don't have the grounds to arrest him." In response to criticisms of the investigation, Lee responded that "We are taking a beating over this" and defended the investigation. "This is all very unsettling. I'm sure if George Zimmerman had the opportunity to relive Sunday, February 26, he'd probably do things differently. I'm sure Trayvon would, too."


On March 13, 2012, Detective Chris Serino sent a capias request to the state's attorney recommending charges of negligent manslaughter against Zimmerman, though Serino maintains he did not believe they had the evidence to support those charges and that manslaughter was only included in the capias in order for the prosecutor's office to continue with their own investigation. The capias states, "the encounter between George Zimmerman and Trayvon Martin was ultimately avoidable by Zimmerman, if Zimmerman had remained in his vehicle and waited the arrival of law enforcement or conversely if he had identified himself to Martin as a concerned citizen and initiated dialog in an effort to dispel each party's concern.... There is no indication that Trayvon Martin was involved in any criminal activity at the time of the encounter." The State Attorney's office initially determined there was insufficient evidence to charge Zimmerman and did not file charges based on the capias request.


On March 16, Serino told the Orlando Sentinel that his investigation had turned up no reliable evidence that cast doubt on Zimmerman's account; that he had acted in self-defense. "The best evidence we have is the testimony of George Zimmerman, and he says the decedent was the primary aggressor in the whole event, everything I have is adding up to what he says."\


FDLE and FBI investigations


On March 20, 2012, State attorney Norm Wolfinger announced that a Seminole County grand jury would be convened on April 10 to investigate the death of Martin. However, after State Attorney Angela Corey was assigned to the case by Florida Governor Rick Scott on March 22, she decided that her office would decide whether to press charges. She commented: "I always lean towards moving forward without needing the grand jury in a case like this, I foresee us being able to make a decision, and move on it on our own."


Governor Scott asked the Florida Department of Law Enforcement (FDLE) to investigate the shooting and Florida Attorney General Pam Bondi confirmed that the FDLE was involved and stated "no stone will be left unturned in this investigation".


On March 20, 2012, the Justice Department announced that it was opening investigations into the incident. The FBI opened a parallel investigation into whether Martin's civil rights were violated, interviewed witnesses, and looked into Zimmerman's background.


On July 12, 2012, reports of some of the more than 30 interviews conducted by the FBI were released by Special Prosecutor Angela Corey to Zimmerman's attorney, who released them to the public. The released reports do not draw any conclusions in the DOJ investigation. The Sanford Police Department's lead investigator, Chris Serino, told FBI agents that he believed Zimmerman's actions were not based on Martin's race, but instead on Martin's attire, the circumstances of the encounter, and previous burglaries in the neighborhood. Zimmerman's neighbors and co-workers were interviewed as well. Neighbors who knew Zimmerman had nothing derogatory to say about him and his co-workers were complimentary of him.


Serino also told the FBI that he had felt pressure from three officers within the department to charge Zimmerman although he "did not believe he had enough evidence at the time to file charges", and accused one of these officers of being friendly with Martin's father. He also expressed concern to the FBI about possible leaks of evidence to the media from within the department.


On July 13, 2013, shortly after the trial verdict, the U.S. Justice Department issued a statement saying its investigation into the civil rights aspects of the case was continuing. On February 24, 2015, 35 months after it began, the civil rights investigation of the Justice Department was terminated for lack of evidence. The FBI investigation was concurrently terminated for the same reason.


County medical examiner's autopsy report


The Volusia County medical examiner found that Martin was killed by an injury resulting from a single gunshot to the chest, fired at "intermediate range" between 1 and 18 inches (3–46 cm), according to a forensic expert. An FDLE analysis of Martin's body and clothes described the distance as "a contact shot". The autopsy also found that Martin had one small abrasion on his left ring finger below the knuckle. No other injuries were found on Martin's body at the time of his death. Physicians who reviewed the official autopsy report for the Orlando Sentinel stated in their opinion that Martin lived from 20 seconds to several minutes after he was shot, and that Martin likely remained conscious "for a little time, anyway".


The autopsy report stated that Martin had trace levels of THC, the active ingredient in marijuana, in his blood and urine. The toxicology report found the levels to be 1.5 nanograms/ml of THC and 7.3 nanograms/ml of THC-COOH, the main secondary metabolite of THC which stays in the system for weeks after cannabis has been smoked. Larry Kobilinsky, a professor of forensic science, stated that the THC amount was so low that it may have been ingested days earlier and played no role in Martin's behavior. While under oath, the medical examiner who performed the autopsy testified that "marijuana could have no effect or some effect" on Martin's behavior.


Witness accounts


Recordings of eight calls to the police made on the night of the shooting were released by the Sanford police on March 17, 2012.


The only eyewitness to the end of the confrontation stated that Martin was on top of Zimmerman and punching him, while Zimmerman was yelling for help. This witness, who identified himself as "John", stated that "the guy on the bottom, who had a red sweater on, was yelling to me, 'Help! Help!' and I told him to stop, and I was calling 911". He went on to say that when he got upstairs and looked down, "the guy who was on the top beating up the other guy, was the one laying in the grass, and I believe he was dead at that point."


A 13-year-old boy walking his dog saw a man on the ground shortly before the shooting and identified him as wearing red. His mother later disputed the testimony and claimed that the police pressured him into choosing the color that the man was wearing and that her son could not see any details in the dark. She also stated that the police waited five days before requesting to even question her son and said that the lead homicide investigator told her that he did not believe the shooting was self-defense.


Mary Cutcher and her roommate, Selma Mora Lamilla, appeared on AC 360, and Cutcher stated that she believes that "there was no punching, no hitting going on at the time, no wrestling" just prior to the shooting but admitted that she neither saw the shooting nor the preceding altercation. Cutcher and her roommate heard the pair in their backyard and a "very young voice" whining, with no sounds of a fight. They heard a gunshot; the crying stopped immediately, and they saw Zimmerman on his knees straddling Martin on the ground. Mary Cutcher phoned police after the fatal shooting and said the black man was standing over another man, although Trayvon Martin was already dead. According to the Orlando Sentinel article, "Police spokesman Sgt. Dave Morgenstern [on March 15] issued a statement disputing Cutcher's version of events, calling her statements to WFTV 'inconsistent with her sworn testimony to police'". However, Cutcher and her roommate maintain that their account of the incident to the police did not agree with Zimmerman's, and they demanded the police issue a retraction.


On March 29, 2012, an eyewitness, referred to as a male, said that he saw two men on the ground scuffling, then heard the shooting and saw Zimmerman walk away with no blood on him. The witness later appeared on AC360, referred to as a female, giving more details on her account. She pointed out that she heard an argument between a younger and an older voice. During the time that she witnessed the incident, the scuffling happened on the grass. She said that the larger man, who walked away after the gunshot, was on top and that it was too dark to see blood on his face.


A witness who arrived shortly after the shooting revealed photos that he took that night that showed "blood trickling down the back of Zimmerman's head from two cuts. It also shows a possible contusion forming on the crown of his head". In revealing the photo to ABC News in mid-April, he noted that he had heard but had not seen the scuffle, had been the first to arrive, and had been the first to talk to Zimmerman after the shooting.


One eyewitness statement given the night of the shooting describes "a black male, wearing a dark colored 'hoodie' on top of a white or Hispanic male who was yelling for help." The witness said that the black male was throwing punches "MMA [mixed martial arts] style". After hearing a "pop", he saw the black male "laid out on the grass". When the witness was subsequently interviewed weeks later by a different agency, the witness said he thought that the black male was either punching or pinning the lighter skinned male underneath him. He was no longer certain who was calling for help, having not seen their mouths in the dark. He was still certain that the black male had been on top of the lighter-skinned male.


On March 20, 2012, Martin family attorney Benjamin Crump revealed that Martin had been on the phone with a friend moments before he was shot. This friend later identified Zimmerman as the aggressor in the deadly confrontation. At Zimmerman's trial, this friend testified that she did not know whether Zimmerman or Martin started the fight. During an ABC News exclusive report, Crump allowed portions of his recorded interview with Martin's friend to be aired. She said that Martin told her that a man was watching him from his vehicle while talking on the phone before the man started following Martin. Martin told his friend at one point that he had lost the man but the man suddenly appeared again. The friend, originally known only as "Witness 8" (now known as Rachel Jeantel), said that she told Martin to run to the townhouse where he was staying with his father and his father's fiancée. She then heard Martin say, "What are you following me for?" followed by a man's voice responding, "What are you doing around here?" She testified that she then heard what sounded like Martin's phone earpiece dropping into wet grass, and she heard the sound of Martin's voice saying "Get off! Get off!" The phone then went dead, she said: "I was trying to say, 'Trayvon, Trayvon, what's going on'", Jeantel testified, "I started hearing a little of Trayvon saying 'Get off, get off', when the phone went silent". She immediately attempted to call him back, but was unable to reach him. Crump stated that he would turn the information over to the Justice Department because "the family does not trust the Sanford Police Department to have anything to do with the investigation." Martin's friend was subsequently interviewed by state prosecutors on April 2, 2012. During her interview with the prosecutor, Martin's friend recounted her last phone call with Martin and added that Martin had described the man as "crazy and creepy", watching him from a vehicle while the man was talking on the phone. She also testified that Martin referred to Zimmerman as a "creepy ass cracker" and "nigga" during their telephone conversation. On March 6, 2013, prosecutors admitted that she had lied under oath, when she falsely testified that she had been in the hospital on the day of Martin's funeral. She later admitted being embarrassed about lying and that she felt guilty about Martin's death and not doing more to help. Crump had refused to disclose the identity of Witness 8, stating that she was only 16, a minor at the time of the shooting, and asked the media to respect her privacy. It was subsequently revealed that she was actually 18 at the time when she said she was on the phone with Martin. According to the defense, her actual age had been edited out of previously released disclosures. Crump has denied intentionally giving any misleading statements about her age. Witness 8 was subsequently identified as Rachel Jeantel, a friend with whom Martin had attended elementary school and high school.


George Zimmerman's account of events


On the advice of his legal counsel, Zimmerman did not speak to the media after the shooting. The statements he gave to police investigators were publicly released on June 21, 2012, when Zimmerman's attorney, Mark O'Mara, published his written and recorded statements on Zimmerman's legal defense web site. Prior to the release of the statements, the only publicly available information about Zimmerman's version of the incident came from interviews with some of his family members and friends and from leaks to the news media by sources inside the investigation and his recorded phone call to 9-1-1. Zimmerman maintained his public silence until he was interviewed by Sean Hannity of Fox News on July 18, 2012. According to early news reports on the incident, on the night of the shooting and afterwards, Zimmerman described in detail for investigators what took place.


Zimmerman said he was driving to the grocery store when he spotted Trayvon Martin walking through the neighborhood. Zimmerman's father said that, while his son was not on duty that night as Neighborhood Watch captain, there had been many break-ins and he thought it suspicious that someone he did not recognize was walking behind the town homes instead of on the street or the sidewalk. Zimmerman therefore called a non-emergency police line to report Martin's behavior and summon police. During the call, Zimmerman told the dispatcher that Martin was "coming to check me out." A source to the Orlando Sentinel said in May that Zimmerman told investigators that at one point Martin circled his vehicle, and he rolled up his window to avoid a confrontation.


After telling the police dispatcher that Martin "ran", Zimmerman left his vehicle on Twin Trees and walked down the sidewalk between Twin Trees and Retreat View Circle to determine his location and ascertain in which direction Martin had fled. The dispatcher asked if Zimmerman was following Martin, and Zimmerman replied "Yeah." Then the dispatcher said, "OK, we don't need you to do that." Zimmerman replied with "OK" and stated that Martin got away. After a discussion about where Zimmerman would meet police, the call ended, and Zimmerman told investigators he was returning to his vehicle after locating an address on Retreat View Circle when Martin approached him from his left rear and confronted him. According to Zimmerman, Martin then punched him in the face, knocking him down, and began beating his head against the sidewalk. Zimmerman said he called out for help while being beaten, and at one point Martin covered his mouth to muffle the screams. According to Zimmerman's father, during the struggle while Martin was on top of Zimmerman, Martin saw the gun Zimmerman was carrying and said something to the effect of "You're gonna die now" or "You're gonna die tonight" and continued to beat Zimmerman. Zimmerman and Martin struggled over the gun, and Zimmerman shot Martin once in the chest at close range. Zimmerman told police he shot Martin in self-defense.


On June 21, 2012, Zimmerman's attorneys released audiotapes of several interviews he had with police shortly after the shooting. Also included were Zimmerman's written statement of February 26, 2012, and video recordings of his reenactment of the incident and a voice stress test that he passed.


In the interviews, Zimmerman says he took note of Martin because he was near a home that he had previously called police about. He also said "he was just walking casually, not like he was trying to get out of the rain" and he felt "something was off" about Martin.


In a reconstruction video-recorded by police the next day, Zimmerman said that after he initially saw Martin on Retreat View Circle he parked his vehicle in front of the club house at the corner of Retreat View Circle and Twin Trees Lane and observed Martin go past him and onto Twin Trees Lane where he lost sight of Martin. He stated the dispatcher asked "can you get to somewhere where you can see him?" and that he then left the club house parking lot and drove onto Twin Trees Lane where he parked. He further stated that at one point Martin circled his truck while he was parked on Twin Trees Lane.


Shooting of Trayvon Martin map


Zimmerman eventually left his truck and walked down the sidewalk between Twin Trees Lane to Retreat View Circle and gave police an address on Retreat View Circle. He told investigators that he was not following Martin but was "just going in the same direction he was" to find an address, but admitted that he had also left his truck to try to see in which direction Martin had gone. The altercation began, he said, when Martin suddenly appeared while Zimmerman was walking back to his vehicle. He described Martin at different points in the interviews as appearing "out of nowhere", "from the darkness", and as "jump[ing] out of the bushes". Zimmerman said that Martin asked, "You got a fucking problem, homie?" Zimmerman replied no, then Martin said "You got a problem now" and punched Zimmerman. As they struggled on the ground, Zimmerman on his back with Martin on top of him, Zimmerman yelled for help "probably 50 times". Martin told him to "Shut the fuck up" as he hit him in the face and pounded his head on a concrete sidewalk. When Zimmerman tried to move off the concrete, Martin saw his gun and said "You're going to die tonight motherfucker!" Martin grabbed for the gun, but Zimmerman grabbed it first. He said after firing his weapon at Martin, he was not sure at first that he had hit him, so he got on top of him in order to subdue him. Bystanders and police arrived shortly after Martin was shot.


Police reports state Zimmerman "appeared to have a broken and a bloody nose and swelling of his face". Zimmerman was offered three chances to be taken to the hospital, but declined each time, according to police reports released by the prosecution. ABC News reported that a medical report compiled by Zimmerman's family physician showed that, following the altercation with Martin, Zimmerman was diagnosed with a closed fracture of his nose, two black eyes, lacerations to the back of his head, a minor back injury, and bruising in his upper lip and cheek.


In the course of Zimmerman's recorded interviews, Detective Chris Serino questioned aspects of Zimmerman's account, such as Zimmerman's statement that he didn't know the name of a street in the Twin Lakes community where he had lived for three years. Zimmerman said in response that he had a bad memory and takes medication for attention deficit hyperactivity disorder. Investigators also questioned the extent of his injuries and why he didn't identify himself to Martin as a Neighborhood Watch coordinator. Zimmerman said he didn't want to confront Martin.


On June 26, 2012, the prosecution released the results of a voice stress test performed on George Zimmerman the day after the shooting. Zimmerman was asked, "Did you confront the guy you shot?", to which Zimmerman answered, "No." Zimmerman was asked, "Were you in fear for your life, when you shot the guy?", to which Zimmerman answered, "Yes." The examiner concluded that Zimmerman "told substantially the complete truth" in the examination, and Zimmerman was classified as "No Deception Indicated (NDI)" according to the report. Voice stress analysis is a controversial product because of the "scientific implausibility" of its principles and "ungrounded claims of the aggressive propaganda from sellers of voice stress analysis gadgets".


During a bond hearing on April 20, 2012, Investigator Dale Gilbreath testified under oath that he did not know whether Zimmerman or Martin started the fight and that there is no evidence to contradict Zimmerman's claim that he was walking back to his vehicle when Martin confronted him. Gilbreath, however, questioned Zimmerman's statement that Martin was slamming his head against the sidewalk just before he shot the teenager, saying it was "not consistent with the evidence we found." Gilbreath was one of two investigators who attested to the facts stated in the probable cause affidavit.


Zimmerman's first media interview


On July 18, 2012, Zimmerman, accompanied by his attorney Mark O'Mara, gave his first long media interview to Sean Hannity, and part of the interview appeared on Hannity that evening. During the interview, Zimmerman said that he did not regret his actions on the night of the shooting and that he felt that what had happened "was all God's plan". He also said, "I do wish there was something, anything I could have done that wouldn't have put me in the position where I had to take his life. I want to tell everyone, my wife, my family, my parents, grandmother, the Martins, the city of Sanford and America: I'm sorry that this happened. I'm truly sorry."


When Hannity asked Zimmerman why his suspicions were aroused when he noticed Martin, Zimmerman replied in part:


I felt he was suspicious because it was raining. He was in-between houses, cutting in-between houses, and he was walking very leisurely for the weather.... It didn't look like he was a resident that went to check their mail and got caught in the rain and was hurrying back home. He didn't look like a fitness fanatic that would train in the rain.


Following the interview with Hannity, Special Prosecutor Angela Corey filed formal notice that she intended to use the interview as evidence against Zimmerman. According to an article in the Orlando Sentinel, Zimmerman's story differed in at least two details from previous versions of what he said happened the night he shot Martin—specifically, that he told Hannity he had walked toward Martin because he was trying to find a street address to provide the police, but during the police's investigation he had said that the reason he approached Martin was that he was looking for the name of the street, which he had forgotten; and that he told Hannity that Martin had been "skipping, going away quickly", not running away out of fear, but he had previously told Sanford police that Martin had run away as Zimmerman was reporting him.


Florida defense lawyers said it was a mistake for Zimmerman to do a television interview and discuss what happened that night. One of them said, "It's really baffling what he thought he'd gain from it. I question who's in charge of the defense strategy, Zimmerman or O'Mara". O'Mara told reporters that the interview was intended to help increase the number of donations to Zimmerman's nearly exhausted legal defense fund, which would pay the costs for Zimmerman's legal defense as well as for shelter and security. O'Mara said that Zimmerman had promised Hannity three months earlier that he would give his first interview to Hannity, and that Hannity had agreed to promote Zimmerman's website during the interview, although he said Hannity did not. ABC News' Barbara Walters also said that Zimmerman was in desperate need of money and was worried about the safety of his family. She had flown from New York to Florida to record a television interview with Zimmerman that was to be shown following the Hannity interview, but the television network refused to meet Zimmerman's request that they pay for a month's hotel stay and security for his wife.


Martin's parents said they did not accept Zimmerman's apology for killing their son. Martin's mother, Sybrina Fulton, said she doubted that Zimmerman's apology was sincere. "I have a hard time accepting it because he also said that he doesn't regret anything that he did that night" Fulton stated.


Affidavit of probable cause


On April 11, 2012, an affidavit of probable cause was filed in support of second-degree murder charges against Zimmerman. The affidavit described what investigators alleged took place between Zimmerman and Martin on the night of the shooting.


Prosecutors alleged that Zimmerman profiled Martin as he was walking back from a nearby 7-Eleven store to the townhouse where he was temporarily living. Prosecutors said Zimmerman was driving in his vehicle when he saw Martin and assumed he was a criminal and perceived that Martin was acting suspicious and felt that he did not belong in the gated community. Zimmerman called the police, and prosecutors said the dispatcher told Zimmerman an officer was on the way and to wait for him. In the call, Zimmerman made reference to people he felt had gotten away with break-ins in the neighborhood.


Investigators alleged that while Zimmerman was talking to the dispatcher, Martin was on the phone with a friend and she said that Martin was scared because he was being followed by an unknown man. Investigators said that Martin attempted to run home, but Zimmerman followed him because he didn't want Martin to get away. When the police dispatcher realized Zimmerman was following Martin, he told Zimmerman that was unnecessary and that police would meet him there. Prosecutors alleged that Zimmerman ignored the dispatcher and continued following Martin and confronted him and a struggle ensued. When police arrived at the scene, Zimmerman admitted to shooting Martin in the chest.


Analysis of charges


Legal analysts criticized the prosecution for over-charging Zimmerman, claiming that the probable cause affidavit did not support a charge of second-degree murder. Harvard Law Professor Alan Dershowitz claimed the affidavit may have been perjurious if Special Prosecutor Angela Corey knowingly omitted facts favorable to Zimmerman's self-defense claim.


Richard Kuritz, a former prosecutor who worked with Angela Corey, said the state attorney had no obligation to include exculpatory evidence in the affidavit. He stated that Dershowitz could face civil action for making accusations that Corey committed a crime. "To suggest that she's committing any crime, Dershowitz is way off on that", Kuritz said.


Background yells for help in 9-1-1 calls


In recordings of the 9-1-1 calls, yells for help are audible in the background. Zimmerman's family says it was Zimmerman yelling for help, Martin's family says it was Martin yelling for help, and independent audio analysts offer differing opinions as to who was yelling for help. During the trial, friends and family members of both Zimmerman and Martin testified as to who they thought the voice was, but expert testimony regarding voice identification was not allowed.


In an interview with prosecutors on March 19, Zimmerman's father identified the yells as George Zimmerman's, stating, "There is no doubt who is yelling for help. It is absolutely my son." Other relatives of Zimmerman, including his brother, concur and are equally adamant. During a bond hearing on June 29, the 9-1-1 recording was played in court, and Zimmerman's father testified that "it was definitely George's" voice heard yelling for help in the recorded 9-1-1 call.


According to police reports, after listening to audio recordings of the 9-1-1 calls, Martin's father, Tracy Martin, told police investigators that it was not Trayvon Martin's voice yelling for help. Martin has since told reporters he was uncertain at that time, but that when he heard an enhanced recording on March 16 he was convinced it was his son yelling for help. Investigators interviewed Martin's mother, Sybrina Fulton, who reviewed the 9-1-1 calls to police and identified the voice crying for help as her son. Investigators also interviewed Martin's cousin who stated that without a doubt "on a stack of bibles" it was Martin yelling for help on the 9-1-1 tape.


Zimmerman's attorneys requested a Frye hearing regarding the admissibility of the testimony of the audio analysts, to determine if the methods used by them are generally accepted by the scientific community. The judge said in her ruling that, "There is no evidence to establish that their scientific techniques have been tested and found reliable." Her ruling did not prevent the 9-1-1 calls from being played at trial.


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