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The Defense’s Closing Arguments

TheVillageCelebration

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Defense attorney Mark O’Mara began his closing argument with a lengthy lecture to the jury of six women, explaining their responsibilities and why George Zimmerman did not testify. He reminded jurors, “The burden is on the state.” And, he quoted Founding Father John Adams by saying, “innocence must be protected.”

O’Mara set the stage with the prosecution’s assertion that the crime began before the night of the shooting. O’Mara said, “He wanted to be involved, and yes, he wanted to be a cop.” O’Mara mentioned the college professors who taught Zimmerman courses about self-defense, dismissing the course work as influential in Zimmerman’s self-defense claim. And, O’Mara urged jurors to “listen to the calls.”

On the night of February 26, 2012 Zimmerman called 911. O’Mara said Zimmerman “cursed towards those people. And, he cursed Trayvon Martin…maybe, and that is probably just happenstance.”

Zimmerman continued. “He never screamed as prosecutors did opening and closing arguments. What he wants you to presume is he said it under his breath…is he wanted to say it, but he didn’t want non-emergency to hear it. And, he wants to presume that means guilt. Seriously? Seriously? It was not laced with ill will, spite or anything like that.”

O’Mara took on the prosecutions portrayal of Zimmerman as a cop saying, “The suggestion is this cop wannabe was so angry, so frustrated that finally he cracked, he broke.”

For the jury to convict Zimmerman of second degree murder, prosecutors have to prove Zimmerman was acting with ill will, spite and hatred. O’Mara asked jurors, “How do you get to ill will, spite, and hatred when you don’t even know the person?”

O’Mara presented jurors with a timeline of the events, the 911 calls, and a 3D animation that relied on Zimmerman and defense witness accounts of what happened February 26, 2012.

The animated cartoon shows Trayvon Martin and George Zimmerman meeting on the sidewalk at the T-intersection. Martin punches Zimmerman in the nose. The animation stops at that point, and the 911 call made by neighbor Jenna Lauer with the screams in the background begins. The animation then depicts neighbor John Good stepping out onto his patio where he sees two people fighting. The animation shows Martin atop Zimmerman. A figure wearing a dark hoodie is atop a figure in a red jacket. The Lauer 911 call continues to play in the background, and the screams continue. Then, there is a gunshot. The animation shows the figure in the dark clothing falling to the side. At that point, the figure in the red jacket gets atop.

O’Mara told jurors he would have advised Zimmerman not to talk to police without his attorney present. He mentioned the statements Zimmerman gave authorities but pointed to the photo of Zimmerman with a bloody nose as “undeniable.” He said, “This is a significant injury.” A medical examiner, testifying for the prosecution, described Zimmerman’s injuries as “very insignificant.”

O’Mara sought to explain Zimmerman’s dismissive response when neighbor Jonathon Manalo called Zimmerman’s wife to tell her about the shooting. Manalo testified that he was talking with Zimmerman’s wife when Zimmerman abruptly said, “Just tell her I shot somebody.” O’Mara told jurors, “I guess he should have said I had to shoot somebody.”

A slab of concrete became part of O’Mara’s final remarks. Zimmerman’s claim of self-defense depends in part on his story that Martin slammed his head repeatedly into the concrete sidewalk. O’Mara told jurors, “That is not an unarmed teenager with nothing but a bag of Skittles.”

He reminded jurors, “You only get to decide what you are certain of.”

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