The Prosecution Has Rested, But Can We?

Day 9 in the presentation of the prosecution’s case produced significant controversy in the George Zimmerman murder trial.  One must keep in mind this was a critical point in the state’s case.  In wrapping up the presentation of evidence, they wanted to leave the jury with the strongest and most favorable case against George Zimmerman.

First point of controversy:  The court had difficulties in gaining access to the evidence locker.  Hmmm, okay.  To me this seemed just a little suspect; even a little coincidental, but all completely plausible.  Right? 

Second point of controversy:  The prosecution elected to continue hearing witnesses until the evidence locker could be accessed.  Why didn’t the prosecution insist on a recess until this technical difficulty could be resolved?  Why let this problem change their game plan without even putting this issue before the judge?  Instead, the prosecution elected to call Sabrina Fulton, Trayvon’s mother.  All the legal experts contend that Trayvon’s mother should have been the last to take the stand.  This is a textbook courtroom tactic employed to generate a sympathetic response from the jury.   None-the-less, the prosecution called Sabrina Fulton to the stand.

Sabrina Fulton takes the stand.
Huffington Post

Prior to Ms. Fulton being sworn in, it is reported she said a prayer asking for support and the ability to do justice in her testimony on behalf of Trayvon.   As the examination began, we learned she was a college grad and has worked in support of the greater Miami Dade County community for approximately 17 years.  Her marriage to Tracy Martin ended some years earlier, but Mr. Martin had maintained consistency in the boys’ lives.  Trayvon was part of an educated family unit with morals and values which functioned well within the community.  Consequently, Trayvon was not raised in a household supported by the state.  He was not the dysfunctional, blight on society, represented by the defense team.

The infamous Lauer 911 call was played while Ms. Fulton was on the stand.  As the recording played, we saw the face of a mother suffering the anguish of a lost child.  We all heard the unidentifiable screams, and as the shot rang out, we all experienced the pain Ms. Fulton must have endured.  Speaking in a strong and determined tone, she identified the screaming voice to be that of “Trayvon Benjamin Martin.”

Under cross examination, Ms. Fulton stood strong, dodging each attempt of the defense team to trip her up.  This would have been an ideal time for the prosecution to rest, but no – they didn’t.

Trayvon's brother Jahvaris Fulton
Huffington Post

Continuing to examine witnesses, the prosecution then called Jahvaris Fulton, Trayvon’s brother.  Jahvaris had been seen throughout the trial, but no one had really heard from him.  A rising senior at Florida International University, Jahvaris, and his deceased younger brother, strongly resemble each other.  He was soft spoken but quite articulate on the stand.  His appearance did much to dispel speculation that Trayvon was a rising thug.  Jahvaris also stood up very well to cross examination.  His reluctance to listen to the 911 recording may have done much to illicit jury sympathy.  

Unfortunately, Trayvon’s mother and brother weren’t enough.  The prosecution needed to hear from the Medical Examiner who conducted Trayvon’s autopsy. 

And now comes the final point of contention:  Where in the world did they find Medical Examiner Dr. Shiping Bao?  Who selected this guy and vetted him to be a witness?  Dr. Bao, who was touted as an expert professional witness, may have been technically proficient and served as a witness in numerous other investigations, but a Dr. Henry C. Lee (the forensic scientist from the Brown-Simpson/Goldberg Murder Case), he was not.  Until cross examination, everyone would have agreed Dr. Bao was an exceptional witness.  

However, during cross examination, he seemed arrogant, even combative with defense attorney Don West.  He refused to answer questions, launched into unsolicited speeches, and spouted remarks like “I have no memory of anything.”  That is, until Don West realized Dr. Bao was reading.  

Why didn’t the prosecution know Dr. Bao intended to take the stand and use his personal notes and not   official autopsy documents?  Even if he intended to do this, why didn’t the prosecution know it in advance, and make certain he only referred to them instead of reading from them? 

M. E. Shiping Bao
Huffington Post

This guy wrote out the questions he anticipated being asked and scripted answers.  This scripting even included his personal credentials. Upon noticing this courtroom blunder, the court confiscated his notes and was recessed, allowing time for both the prosecution and defense teams to copy and review the documents.

If you thought things were ugly before the recess, it only went downhill upon reconvening.  Not only did Dr. Bao argue about the differences between facts and opinions, stated he can change his opinion every hour if he chooses. He changed his opinion of how long Trayvon might have lived after being shot and about how marijuana in his system may have affected his judgment and behavior.

By the time he had concluded, even the judge seemed eager to get Dr. Bao off the stand, out of the courtroom, and removed from the building.  And with this sentiment and air of frustration, the prosecution chose to rest.

Feeling confident the prosecution had not made an effective case against his client, Defense Attorney Mark O’Mara addressed the court for roughly 20 minutes in an effort to prompt the court to acquit. 

Mark O'Mara Defense Team member
Huffington Post

After the medical examiner’s performance, I personally was fearful.  Judge Debra Nelson (who has remained impartial, impressive and deserving of her robes), quickly overruled and determined that the case would be sent to the jury. In the press conference following the resting of the prosecution, Defense Attorney Maro

confessed that he was surprised at the prosecution’s case, especially in who the prosecution did not call.

From my personal perspective, I have felt the prosecution has not been putting its best foot forward. The most obvious examples include Zimmerman being improperly charged, profanity filling the opening remarks, witnesses being poorly prepared and some seeming to better represent the defense than the state. There were questions not being asked, objections not being made or challenged and the extremely poor vetting and performance of the medical examiner.  I say again, the prosecution could not do a better job of throwing this case if they tried.

The prosecution has rested, but can we?  Sabrina Fulton, Jahvaris Fulton and Tracy Martin never will.  And the rest of us shouldn’t either.

At stake in this trial is more than justice in an unlawful shooting and the life of an innocent.  This case has the power to establish precedence in the relevance of the”Stand your Ground”  laws.  It has the power to turn modern American streets into the streets of the old western Abilene, Dodge City and Tombstone, where the law of the land was the law of the gun.

If precedence is established in this case, the next victim could be your child or my child.  It could be you or me.

I’m not hatin, I’m jus sayin…