Saturday 2 June 2012

Zimmerman credibility may be issue in Martin case


George Zimmerman's bail has been revoked after a judge said he misled the court about his finances. Trayvon Martin's killer must turn himself in by Sunday.

During Zimmerman's bail hearing in April, after which he was freed on $150,000 bond, his family testified they had limited funds, prosecutors said on Friday.

Zimmerman's wife "said she had no money, but in fact she did," said prosecutor Bernardo de la Rionda of the issue that led to Zimmerman's bail revocation.

"It was misleading ... I don't know what other words to use. It was a blatant lie."



He pointed to $135,000 in funds raised from the public that was not disclosed during the hearing. Defense lawyer Mark O'Mara said it was a misunderstanding.

O'Mara said Zimmerman did not lie, but was simply unclear about how he could use the money, and that his office has been keeping close tabs on the funds.

"We have kept an exact ledger of every penny that he spent," said O'Mara.

Prosecutors also Zimmerman did not disclose that was in possession of a second passport; he had replaced a passport he lost only to find the original later.


Zimmerman had not yet turned himself in Saturday after having his bond revoked a day earlier. He must do so by Sunday. Zimmerman went into hiding in the weeks after the shooting because of the tense debate surrounding the case, and his exact whereabouts since he bonded out of jail remain unclear. It also was not immediately clear exactly where Zimmerman would surrender.
Zimmerman has pleaded not guilty to second-degree murder for the February shooting. The neighborhood watch volunteer says he shot Martin in self-defense because the unarmed 17-year-old was beating him up after confronting Zimmerman about following him in a gated community outside Orlando.
Witness accounts of the rainy night Martin was shot are spotty. There is no video of the fight, though photos prosecutors have released showed Zimmerman with wounds to his face and the back of his head.
Zimmerman's credibility would be important if O'Mara tries to get a judge without the jury to dismiss the charges based on the stand-your-ground law, said Orlando defense attorney David Hill.
"If he was in on something that was not truthfully revealed to the judge, when there is a 'stand your ground' hearing, of course you're going to second-guess him," Hill said.
Both McClean and Hill said O'Mara would be able to challenge the admissibility of the bond revocation at trial by questioning its relevance.
Zimmerman was arrested 44 days after the killing, and during a bond hearing in April, his wife, Shellie, testified that the couple had limited funds available. The hearing also was notable because Zimmerman took the stand and apologized to Martin's parents.
Prosecutors pointed out in their motion that Zimmerman had $135,000 available then. It had been raised from donations through a website he set up, and they suggested more has been collected since and deposited in a bank account.
Shellie Zimmerman was asked about the website at the hearing, but she said she didn't know how much money had been raised. Circuit Judge Kenneth Lester set bail at $150,000. The 28-year-old was freed a few days later after posting $15,000 in cash — which is typical — and has since been in hiding.
Prosecutor Bernie De la Rionda complained Friday, "This court was led to believe they didn't have a single penny. It was misleading and I don't know what words to use other than it was a blatant lie." The judge agreed and ordered Zimmerman returned to jail by Sunday afternoon.
"Does your client get to sit there like a potted plant and lead the court down the primrose path? That's the issue," Lester said. "He can't sit back and obtain the benefit of a lower bond based upon those material falsehoods."
The defense countered that Zimmerman and his wife never used the money for anything, which indicated "there was no deceit." His attorney, Mark O'Mara, said it wouldn't be a problem to bring Zimmerman back into custody by the deadline.

No comments: