DataVenia wrote:
Are all of the above sources of evidence...
Indeed, they are; but evidence of what, exactly?
I assume the landscape is "evidence that refutes Zimmerman's self-defense claim", or "evidence that proves Zimmerman was the initial physical aggressor"? If so, in what way does the following evidence apply?
DataVenia wrote:
1) George's 911 call
The call ended before the physical altercation.
DataVenia wrote:
2) at least one witness
Witness to what, exactly? Every witness saw either Zimmerman on bottom, or Martin on top, or both. No witness saw the start of the physical altercation.
DataVenia wrote:
3) where the fight ended up
The fight ended up some 35 feet away from where Zimmerman says that he was when accosted by Martin - and also, from where the fight actually started, as evidenced by the debris field.
(This is probably a good place to mention the witness who saw a "shadow" running north through the dog walk. Who could that even possibly be?)
DataVenia wrote:
4) Zimmerman's statements
All such statements are consistent that Martin was the initial physical aggressor, and that Zimmerman acted in self-defense.
DataVenia wrote:
5) shell casings
Casings?
Plural?
In fact: only one, single shell casing. Might that be significant?
DataVenia wrote:
and 6) Mr. Martin's body
You mean, the body that showed absolutely no signs of sustaining any physical aggression from Zimmerman? That body?
DataVenia wrote:
...things Detective Gilbreath said under oath the State had? Yes or no? I'm not asking if you think they're good sources or will prove the case. I'm just asking if, when reading this for comprehension of the speaker's POV and actual words, the conclusion would be that the speaker is claiming to have something other than the "nothing" you allege.
Conveniently,
we have Gilbreath's actual words, on record, from the bond hearing.
Regarding evidence that Zimmerman confronted Martin:Gilbreath at the Bond Hearing wrote:
O'MARA: Zimmerman confronted Martin, those words. Where did you get that from?
GILBREATH: That was from the fact that the two of them obviously ended up together in that dog walk area. According to one of the witnesses that we talked with, there were arguing words going on before this incident occurred. But it was between two people.
O'MARA: Which means they met. I'm just curious with the word confronted and what evidence you have to support an affidavit you want in this judge to rely on that these facts with true and you use the word confronted. And I want to know your evidence to support the word confronted if you have any.
GILBREATH: Well, it's not that I have one. I probably could have used dirty words.
O'MARA: It is antagonistic word, would you agree?
GILBREATH: It could be considered that, yes.
O'MARA: Come up with words that are not antagonistic, met, came up to, spoke with.
GILBREATH: Got in physical confrontation with.
O'MARA: But you have nothing to support the confrontation suggestion, do you?
GILBREATH: I believe I answered it. I don't know how much more explanation you wish.
O'MARA: Anything you have, but you don't have any, do you?
GILBREATH: I think I've answered the question.
Regarding the supposed "voice experts":
Gilbreath at the Bond Hearing wrote:
O'MARA: A struggle ensued. We have witnesses concerning struggling, correct? You have evidence of that, right?
GILBREATH: Yes.
O'MARA: Witnesses heard people arguing, sounded like a struggle. During this time, witnesses heard numerous calls for help. Some of this was recorded. Trayvon's mom reviewed the 911 calls and identified the cry for help and Trayvon Martin's voice. Did you do any forensic analysis on that voice tape?
GILBREATH: Did I?
O'MARA: Did you or are you aware of anything?
GILBREATH: The "Orlando Sentinel" had someone do it and the FBI has had someone do it.
O'MARA: Is that part of your investigation?
GILBREATH: Yes.
O'MARA: Has that given any insight as to the voice?
GILBREATH: No.
Here's an interesting one, where even the biased, now-recused Judge Lester is forced to recognize that the PCA argues facts not in evidence:
Bond hearing facts not in evidence wrote:
DE LA RIONDA: And sir, you were asked about the next paragraph here that Zimmerman confronted Martin and a struggle ensued and you were asked a lot about what "confronted" means. If Mr. Martin was minding his own business and was going home and somebody comes up to him and starts accusing him (inaudible), wouldn't you consider that a confrontation?
GILBREATH: Yes.
DE LA RIONDA: That is, Mr. Martin didn't turn around and start -- he was minding his own business and Mr. Zimmerman's the one that approached Mr. Martin, correct?
O'MARA: Let me object at this point you honor. Though great leeway is given and I guess this is cross-examination, the concern is that he's talking now about evidence that is completely not in evidence.
LESTER: What's the objection?
O'MARA: The objection is he is presenting facts that are not in evidence to the witness.
LESTER: Sustained.
And here's a little gem, that gives context to DataVenia's original comment. Note, however, that the question is specifically in the context of evidence to support the assertion that Zimmerman was following Martin. (And as a reminder: following someone is not unlawful, does not meet the threshold of "initial physical aggressor", and does not deprive Zimmerman of the right to use force - even deadly force - in self-defense.)
Gilbreath at the Bond Hearing wrote:
O'MARA: -- or who they were or anything.
GILBREATH: They -- I cannot identify who they were, but it was at the same time frame this occurred.
O'MARA: Ok. Besides that any other evidence to support your conclusion that Mr. Zimmerman continued to follow?
GILBREATH: Other than his call and that witness?
O'MARA: Yes.
GILBREATH: And the fact that where it ended up. No.
O'MARA: Well you do have some other evidence don't you? We had Zimmerman's statement, don't you?
GILBREATH: We have Mr. Zimmerman's statements, we have the shell casings and we had Mr. Martin's body.
And now for the money shot: evidence regarding who was the initial physical aggressor:Gilbreath at the Bond Hearing wrote:
UNIDENTIFIED MALE: So do you know who started the fight?
GILBREATH: Do I know?
O'MARA: Right.
GILBREATH: No.
O'MARA: Do you have any evidence that supports who may have started the fight?
GILBREATH: No.
And further, regarding evidence that refutes Zimmerman's two claims: 1) that he turned to return to his car, and 2) that Martin was the initial physical aggressor:
Gilbreath at the Bond Hearing wrote:
O'MARA: That he turned back to his car. We'll start with that one.
GILBREATH: I have nothing to indicate he did not or did not to that.
O'MARA: My question was do you have any evidence to contradict or that conflicts with his contention given before he knew any of the evidence that would conflict with the fact that he stated I walked back to my car?
GILBREATH: No.
O'MARA: No evidence. Correct?
GILBREATH: Understanding -- are you talking about at that point in time?
O'MARA: Since. Today. Do you have any evidence that conflicts with his suggestion that he had turned around and went back to his car?
GILBREATH: Other than his statement, no.
O'MARA: Any evidence that conflicts with that.
UNIDENTIFIED MALE: He answered it. He said no.
O'MARA: Any evidence that conflicts any eyewitnesses, anything that conflicts with the contention that Mr. Martin assaulted first?
GILBREATH: That contention that was given to us by him, other than filling in the figures being one following or chasing the other one, as to who threw the first blow, no.
To add insult to injury, after telling BDLR that Zimmerman's account was not consistent with his injuries, we get this:
Gilbreath at the Bond Hearing wrote:
GILBREATH: Managed to scoot away from the concrete sidewalk and that is at that point is when the shooting subsequently followed. That is not consistent with the evidence we found.
O'MARA: The injuries seem to be consistent with his story, though, don't they?
Dale; The injuries are consistent with a harder object striking the back of his head than his head was.
O'MARA: Could that be cement?
GILBREATH: Could be.
O'MARA: Did you just say it was consistent or did you say it wasn't consistent?
GILBREATH: I said it was.
See the rest of the transcript for more of Gilbreath's hilarious attempts to deflect from the fact that the State has no evidence whatsoever. But I would be remiss if I didn't bring up this example that the State wasn't interested in finding any exculpatory evidence to exonerate Zimmerman - such as, you know, the medical records that corroborated Zimmerman's account:
Gilbreath at the Bond Hearing wrote:
O'MARA: Ok. Have you ever had your nose broken?
GILBREATH: No.
O'MARA: Have you ever had your nose fractured or broken.
GILBREATH: No.
O'MARA: You know that that was an injury that Mr. Zimmerman sustained, correct?
GILBREATH: I know that that is an injury that is reported to have sustained. I haven't seen any medical records to indicate that.
O'MARA: Have you asked him for them?
GILBREATH: Have I asked him for them? No.
O'MARA: Do you want a copy of them?
GILBREATH: Sure.
So, what say you, DataVenia?
DataVenia wrote:
Enough trolling. Time to either engage honestly or be ignored.
You first, eh?