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Jane Velez-Mitchell
George Zimmerman Trial
Aired June 25, 2013 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
JANE VELEZ-MITCHELL, HOST: Tonight, we`re going back into court in just a moment. But first, dramatic gut-wrenching moments as prosecutors lay out photos of Trayvon Martin`s body splayed out on the sidewalk just minutes after she was shot dead by George Zimmerman.
Good evening. I`m Jane Velez-Mitchell, coming to you live tonight.
I must warn you the photos are very disturbing, but they are crucial evidence in this case. These grim images I`m about to show you of their son`s dead body on the ground, left Trayvon`s parents shaken, rushing from the courtroom in tears.
A 17-year-old with his whole life ahead of him, dead, with Skittles, a soft drink, and a cell phone and ear buds lying nearby. Look at that, his leg, sticking out from another a plastic body bag of sorts.
Will the jury ultimately decide this young man was murdered by volunteer Neighborhood Watchman George Zimmerman or that he was killed in an act of self-defense?
(BEGIN VIDEOTAPE)
GEORGE ZIMMERMAN, ON TRIAL FOR SHOOTING TRAYVON MARTIN (via phone): We`ve had some break-ins in my neighborhood and there`s a real suspicious guy.
UNIDENTIFIED FEMALE (via phone): He just said he`s got a gun. A person is dead, laying on the ground.
UNIDENTIFIED MALE: The Stanford Police Department is conducting a fair investigation.
UNIDENTIFIED FEMALE: There`s gunshots.
SYBRINA FULTON, MOTHER OF TRAYVON: Our son was not committing any crimes.
UNIDENTIFIED FEMALE: No justice, no peace. No justice, no peace.
UNIDENTIFIED FEMALE: No justice, no peace. No justice, no peace.
UNIDENTIFIED FEMALE: No justice, no peace. No justice, no peace.
UNIDENTIFIED MALE: Are you following him?
ZIMMERMAN: Yes.
UNIDENTIFIED MALE: OK, we don`t need you to do that.
UNIDENTIFIED MALE: Mr. Zimmerman has made the statement of self-defense.
(END VIDEOTAPE)
VELEZ-MITCHELL: In court today, Trayvon`s now-famous hoody was displayed, as well as the gun Zimmerman used to kill him. Take a look at some of the other clothes put up there.
Prosecutors argued jurors should be allowed to hear Zimmerman`s past calls to a nonemergency number to report what he called suspicious characters. Here`s a sample of one of those past calls Zimmerman made long before the night of the deadly shooting.
(BEGIN VIDEO CLIP)
ZIMMERMAN (via phone): I`m just calling, because we`ve had a lot of break- ins in our neighborhood recently, and I`m on the Neighborhood Watch, and there`s two suspicious characters at the gate of my neighborhood. I`ve never seen them before.
(END VIDEO CLIP)
VELEZ-MITCHELL: Was Zimmerman a paranoid wannabe cop prowling for problems or basically a concerned citizen on the alert following a rash of break- ins? That`s what the jury has to decide.
Call me: 1-877-JVM-SAYS, 1-877-586-7297.
We`re going back to court in just a moment. But first, straight out to HLN legal correspondent Jean Casarez.
You just stepped out of court. This was such an emotional day. What was it like in there when those chilling and graphic photos of Trayvon`s body were shown, and there were photos that were too graphic for us to show our viewers here on the air, as well.
JEAN CASAREZ, HLN LEGAL CORRESPONDENT: I saw them all in the courtroom. And you know, Jane, here`s what they do. They put the lights down, and then it`s on the big, big screen.
And initially, you see from a distance a body. You can tell it`s on the grass. You can tell it`s dark; you can tell it`s so wet out there. And then they showed the close-up of his body, and he`s on his face. His hands are really under his chest. His legs are interesting, because his feet are sort of turned inwards. It`s an awkward position right there.
And then they showed a close-up of his face. His eyes were open, it looked like he was alive but he wasn`t. And then they showed his hands. No blood. No marks, seemingly, on his hands at all; no marks on his face. I mean, the only thing that we saw of an injury to Trayvon was that gunshot wound, and it -- they showed a close-up at the scene of that -- that wound.
VELEZ-MITCHELL: And there is the hoody, and there is the gun. The gun that was used in this killing, and it was displayed in open court. What was it like when that gun is displayed, Jean?
CASAREZ: You know, it was remarkable to see the gun. We`ve heard about the gun, to see it in court. But you know what was even more emotional, I think? Was seeing the Skittles. Seeing the can of the Arizona fruit drink that I don`t think ever has been opened. That was shown to the jury today. That was shown in photographs, because Trayvon had them inside his -- his shirt. And the Skittles were peeking out.
And another thing that was just so touching, he had his wristwatch on, and he had a button on, and he had his ear buds. The ear buds could become important, because he was using them as he was walking.
VELEZ-MITCHELL: Thank you so much for that update. I know that you`ve been in court, and we`re going to go back into court right now. A neighbor by the name of Selene Bahadoor who said the scuffle happened right behind her home, that she saw something and heard the gun shot, is testifying. Let`s go back into court. Crucial witness.
MARK O`MARA, DEFENSE ATTORNEY: So you`re at the kitchen cooking, right? And you hear some noise. Is that the first thing that causes you to have some attention to what was going on out there on February 26, 2012?
SELENE BAHADOOR, NEIGHBOR/EYEWITNESS: Yes.
O`MARA: OK. Nobody else was there with you, right? Your sister was in the -- in the apartment but not right there in the kitchen with you, right?
BAHADOOR: Yes.
O`MARA: Nor was your niece? She was upstairs with a friend?
BAHADOOR: Correct.
O`MARA: As we talk about your sister, she never saw or heard anything about this, did she?
BAHADOOR: I don`t know what she saw.
O`MARA: Well, you were there, right? Was she?
BAHADOOR: She was upstairs. I was downstairs.
O`MARA: She would not have seen anything from the perspective that you had seen it, correct? She didn`t see it from downstairs at least, right?
BAHADOOR: Correct.
O`MARA: So that, were she to come in and say that she saw anything about this event from the downstairs area, that would not be true?
BAHADOOR: Correct.
O`MARA: Did she tell you that she duplicated your story as to what happened out there that night?
BAHADOOR: What do you mean?
O`MARA: When you talked to her, as you said you did, did your sister tell you that she didn`t see anything but was going to say that she did?
UNIDENTIFIED MALE: Object at this point as to hearsay, as to what she told her.
JUDGE DEBRA NELSON, PRESIDING OVER TRIAL: Sustained.
O`MARA: So you`re talking now about cooking, and you hear a noise. What - - tell me the noise again.
BAHADOOR: It sounded like "no" or "uhhh" or something -- something along that line.
O`MARA: OK. And what did you do in response to that?
BAHADOOR: Looked out the window.
O`MARA: And you...
UNIDENTIFIED FEMALE: Could you repeat your answer?
BAHADOOR: Looked out the window.
O`MARA: And you couldn`t see anything, correct?
BAHADOOR: Correct.
O`MARA: And why was that?
BAHADOOR: Because it was dark.
O`MARA: All right. Now, we`ve spent some time showing the jury sort of where you are. You are to orient us without using the map for a moment. If you go out your door and look off to your left -- I`m sorry, your right, across the path, that`s where John Goode lives?
BAHADOOR: Yes.
O`MARA: And then beyond that is Miss Lauer (ph), correct?
BAHADOOR: I don`t know who that is.
O`MARA: OK. So as you`re looking now across that area, it is too dark for you to see anybody? Is that accurate?
BAHADOOR: What do you mean?
O`MARA: The first time, when you looked out the first time, you heard a noise, caught your attention. You looked out the window, and you couldn`t see anything because it was too dark. Is that accurate?
BAHADOOR: I couldn`t identify figures. I couldn`t identify who it was out there.
O`MARA: Could you even tell that it was people at that point?
BAHADOOR: I could tell it was people.
O`MARA: And how far away were they from you?
BAHADOOR: They were a house down and over.
O`MARA: A house down and over. Would that put then -- when you say a house down, we`re talking towards the now known as the "T" intersection?
BAHADOOR: Yes.
O`MARA: And when you say over, you mean towards John Goode`s apartment?
BAHADOOR: Yes.
O`MARA: On the other side of the path?
BAHADOOR: It was in the pathway.
O`MARA: At the pathway?
BAHADOOR: Yes.
O`MARA: But right out in front of John Goode`s door, is that accurate?
BAHADOOR: At the time I first saw, it was in the pathway.
O`MARA: Right out from John Goode`s door, correct?
BAHADOOR: Yes.
O`MARA: OK. If I might approach the display, your honor.
NELSON: Yes, you may.
O`MARA: If you can do this in a way that we can all see it, hopefully. This is you, of course, right?
BAHADOOR: Yes.
O`MARA: You came out here and looked -- I`m sorry, you looked through a window. Is that accurate?
BAHADOOR: I initially looked through the window.
O`MARA: Where is the window, if you can just point to the window?
BAHADOOR: There.
O`MARA: So you looked out this window here, correct?
BAHADOOR: Yes.
O`MARA: And this is -- what is this right here?
BAHADOOR: That`s the fenced-in porch.
O`MARA: The screened-in enclosure?
BAHADOOR: Yes.
O`MARA: With a screen?
BAHADOOR: Yes.
O`MARA: Any shades or blinds on it?
BAHADOOR: No.
O`MARA: So you looked through here, correct? Is that about this area here? Who lives here? Is that John Goode?
BAHADOOR: Yes.
O`MARA: OK. And you said that they were a house down and across the path? Is that your testimony?
BAHADOOR: A house down and in the pathway.
O`MARA: Let me ask you this. Did you see the people? Were they about here when you saw them? Could that be right?
BAHADOOR: Yes.
O`MARA: OK. So they could have been right there when you first saw these people?
BAHADOOR: Yes.
O`MARA: That I think you said you heard -- you saw flailing.
BAHADOOR: Yes.
O`MARA: You couldn`t tell if they were standing up or laying down, right?
VELEZ-MITCHELL: A neighbor who heard the gunshot, cross-examined by defense attorney Mark O`Mara.
We have our experts panel standing by in the lions` den. They can`t wait to debate the crucial moments, and there have been many of them today. So we`re going to take a short break. Back with more testimony and debate of the big moments of the day. Stay right there.
(BEGIN VIDEO CLIP)
JOHN GUY, PROSECUTOR: "(EXPLETIVE DELETED) punks. These (EXPLETIVE DELETED) punks. They always get away." Those were the words in that man`s chest when he got out of his car, armed with a fully-loaded semiautomatic pistol and two flashlights.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
TRACY MARTIN, TRAYVON`S FATHER: He will be sadly missed. And I made a promise that I won`t stop.
UNIDENTIFIED MALE: When the wheels of justice turn, and when all of the system exonerates my brother, we`re confident that will happen, that the truth will come out.
(END VIDEO CLIP)
VELEZ-MITCHELL: We`re going back into court in a moment, the witness on the stand, a woman who lives in the neighborhood. It all happened right in her backyard. What she saw prosecutors say contradicts George Zimmerman said happened that night. We`re going to demonstrate it, debate it and then go back into court. Check it out.
(BEGIN VIDEOTAPE)
ZIMMERMAN: He was here, and he punched me in the face.
UNIDENTIFIED MALE: Right here?
ZIMMERMAN: Right up around here. To be honest, I don`t remember exactly. I stumbled, and I fell down. He pushed me down and somehow he got on top of me.
UNIDENTIFIED MALE: On the grass or on the cement?
ZIMMERMAN: It was over -- more over towards here. I think I was trying to push him away from me, and then he got on top of me somewhere around here.
BAHADOOR: I saw what looked as figures and arms flailing. They were in a standing position.
VELEZ-MITCHELL: So George Zimmerman says that Trayvon Martin -- I`m Trayvon -- comes up. After a few words, Trayvon punches him in the face. He stumbles and falls to the ground. And then Trayvon gets on top of him.
But the prosecutor says it didn`t happen that way. It didn`t happen that way, because a witness says that person saw Trayvon and George Zimmerman struggling upright. So which is it?
Additionally, prosecutors say that Trayvon Martin`s body was found a full 30 feet away from where George Zimmerman says he was knocked to the ground. They can`t both be right.
(END VIDEOTAPE)
VELEZ-MITCHELL: Let`s go into the lions` den and debate it, starting with Natalie Jackson, the attorney for Trayvon Martin`s family.
Two different stories, and this lady on the stand says she saw two people struggling standing up. Which is it?
NATALIE JACKSON, ATTORNEY FOR TRAYVON`S FAMILY: Thanks for having me, Jane.
I think that, you know, the problem that every lawyer was with cross- examining and trying to impeach a bystander is the fact that they`re a bystander, and they usually don`t have a dog in the fight. So usually -- the jury usually defaults to what they say.
VELEZ-MITCHELL: Frank Taaffe, you are a friend of defendant George Zimmerman. There are two different versions here. Which is it?
FRANK TAAFFE, FRIEND OF GEORGE ZIMMERMAN: Selene was -- she was taken apart by Mr. O`Mara with surgical precision. She couldn`t remember: "I can`t remember. I don`t remember." And then, if you listen very closely, towards the end of her testimony, it falls apart.
And if that`s the best the state`s got, bring them on. Because I`m going to tell you, if they`re all like that, then I think we`ve got a very good chance to get an acquittal in this case.
VELEZ-MITCHELL: Areva Martin. Areva Martin.
AREVA MARTIN, ATTORNEY: You know, Jane, I think that witness was very, very clear in her testimony. She saw what was happening.
TAAFFE: No, she didn`t.
MARTIN: She was staring out her window, and I think her testimony is going to be very believable. I think George Zimmerman...
TAAFFE: She couldn`t see anything.
(CROSSTALK)
VELEZ-MITCHELL: Hold on a second! Hold on a second! Mike Brooks, HLN law enforcement analyst. Mike Brooks.
MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: She was a terrible witness on the stand for the prosecution.
TAAFFE: Thank you, Mike.
BROOKS: She was horrible. She was horrible. She couldn`t...
TAAFFE: Thanks, Mike.
BROOKS: They impeached her. The defense impeached her. She didn`t have...
JACKSON: They did not impeach her.
VELEZ-MITCHELL: One at a time, guys.
BROOKS: Stand by.
VELEZ-MITCHELL: One at a time. Let`s listen to Mike and then we`ll give a chance to respond.
BROOKS: As an investigator -- as an investigator, I`m listening to what she has to say, what her initial story was, what her deposition was. And then today all of a sudden she comes up with a different version of what happened? And the prosecution, you didn`t see them objecting during cross- examination, did you? No, because...
JACKSON: Because they didn`t think it hurt them.
BROOKS: Yes, it does.
JON LEIBERMAN: What you probably heard -- I agree with Mike that her testimony was in part impeached. But what probably hurt even more was the fact that she liked a page on Facebook, "Justice for Trayvon Martin." That is a pretty big problem for...
VELEZ-MITCHELL: All right. Evangeline Gomez.
EVANGELINE GOMEZ, ATTORNEY: Jane, I thought she was a horrible witness. She had this lost in space look the entire time she was on the stand. She was impeached. Her initial statement didn`t match what she was saying on the stand. And this was very bad for the prosecution, because this is their first witness. She admitted it was dark outside.
(CROSSTALK)
VELEZ-MITCHELL: Hold on. I want to give Natalie Jackson a chance to respond before we go back into court -- Natalie.
JACKSON: What is her bias? She was not impeached. They did not get -- they did not get her testimony. She said that the movement was from left to right. On her first statement she said that there was movement. It all depends on the question that you ask, the answer that is given.
TAAFFE: She only told her sister that. She never told Serino. She never told...
JACKSON: Serino never asked her.
TAAFFE: ... any of the inspectors for the state.
JACKSON: Serino never asked her.
TAAFFE: She was all...
(CROSSTALK)
VELEZ-MITCHELL: Guys, we`re going to continue -- as you remain in the lions` den, we`re going to head right back into court to continue listening to this witness, who is a woman who lives right next to where it all happened.
And again, she said she saw some figures standing up. George Zimmerman says he was knocked down almost immediately. Let`s go back into the courtroom for more cross-examination of this witness.
O`MARA: It looked erect (ph) to you?
BAHADOOR: Yes.
O`MARA: What do you mean by that?
BAHADOOR: They looked standing.
O`MARA: Did one of them look standing or both of them? Let me ask you this way: could one have been on top of the other, kneeling down over him, maybe like this?
BAHADOOR: I couldn`t determine that.
O`MARA: Could they be like this?
BAHADOOR: I couldn`t determine that.
O`MARA: OK. Too dark?
BAHADOOR: Yes.
O`MARA: And it was at that time -- well, when you first looked out, we just talked about that, then a few -- did you say -- I don`t mean to jump around on you, but at some point you moved over towards the sliding glass door, I think you said about 15 seconds later or so?
BAHADOOR: When I saw the individuals, I was at the sliding glass door. I didn`t see anybody in front of the window.
O`MARA: I apologize. I thought we were just talking about what you saw out the window. So out the window you saw nothing?
BAHADOOR: Correct.
O`MARA: And only the second time -- so you saw nothing. The second time when you went to the sliding glass door is when you saw the people where we just identified?
BAHADOOR: Yes.
O`MARA: OK. It was at that time that you heard John Goode say something to them?
BAHADOOR: Yes.
O`MARA: OK. And I think what you said he said was, "I`m calling the police" or words such as that, right?
BAHADOOR: Something to that, yes.
O`MARA: OK. And then what did you do next?
BAHADOOR: After he said that, I went back to take the stove off.
O`MARA: OK. Didn`t do anything else related to this particular event going on outside until you heard a noise now identified as a gunshot, is that correct?
BAHADOOR: Correct.
O`MARA: You didn`t see anything else, didn`t even look to see anything else, correct?
BAHADOOR: Not when I went back to the stove.
O`MARA: All right. Let`s just follow that train of thought for a moment. When you went back, what did you do when you heard the gunshot?
BAHADOOR: I looked out -- looked out the sliding glass door, let the dog in, went upstairs.
O`MARA: Was that the second time you looked out the sliding glass door?
BAHADOOR: Yes.
O`MARA: OK. And what did you see then?
BAHADOOR: It was a body.
O`MARA: OK. What else?
BAHADOOR: That`s all I remember.
O`MARA: Just one body?
BAHADOOR: Yes.
O`MARA: Did you see a man with a flashlight?
BAHADOOR: No.
O`MARA: Did you see Mr. Zimmerman staggering about?
BAHADOOR: No.
O`MARA: Light`s still quite poor?
BAHADOOR: Yes.
VELEZ-MITCHELL: All right. That`s Selene Bahadoor. She`s a neighbor who said she heard and saw crucial things that night, including the gunshot. We`re going to take a short break. Our panelists are waiting in the lions` den to debate it all. Stay right there. Back on the other side with more testimony and debate.
(BEGIN VIDEO CLIP)
DON WEST, DEFENSE ATTORNEY: Knock knock. Who`s there? George Zimmerman. George Zimmerman who? All right, good, you`re on the jury.
(SFX: CRICKETS)
WEST: Nothing? That`s funny. No more bad jokes. I promise that. I`m convinced it was the delivery, though. I really thought that was funny. I`m sorry if I offended anyone.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: He`s the neighbor that everybody would want to have.
BENJAMIN CRUMP, ATTORNEY FOR TRAYVON`S FAMILY: If he`s the Neighborhood Watch, watch and call. But don`t go try to take the law into your own hands.
TAAFFE: I think George had a call of duty. I think he had a call of duty for the neighborhood. And I think he was not going to let another burglary go down on his watch.
(END VIDEO CLIP)
VELEZ-MITCHELL: Let`s go back into court, listening to a neighbor who lives in that gated community. She heard the gunshot. What else did she see and hear?
O`MARA: And at that point, having heard the gunshot, you just sort of retreated and went back upstairs where your sister was?
BAHADOOR: Yes.
VELEZ-MITCHELL: Selene Bahadoor said she saw two men standing up and scuffling in the rain that night. Well, the prosecutor says, actually, that contradicts what George Zimmerman said, namely that he was almost immediately knocked down by a punch from Trayvon Martin. So her testimony is good for the state, but she`s being cross-examined now by defense attorney Mark O`Mara, who is trying to poke holes in her testimony and reduce her credibility, because basically what she`s saying calls this man, the defendant, a liar. Back into court.
O`MARA: When is the first time you gave a statement to anyone about this?
BAHADOOR: The first time I gave a statement was the community had a town hall about the event.
O`MARA: OK.
BAHADOOR: And I gave a statement that day.
O`MARA: I`m just -- you know that you witnessed a shooting on February 26, correct?
BAHADOOR: I didn`t think what I saw was significant or what I heard was significant.
O`MARA: OK. You found out the next day that there was a shooting, right?
BAHADOOR: Yes.
O`MARA: And you know that you had at least saw some of it, correct?
BAHADOOR: Yes.
O`MARA: Did you like, in the Facebook term, "Justice for Trayvon Martin," the page?
BAHADOOR: Probably, yes.
O`MARA: OK. Just curious. Would that be accurate in suggesting that you certainly have a feeling of sympathy for the Martin family?
BAHADOOR: I have sympathy for both.
O`MARA: OK. But you liked the Trayvon Martin -- "Justice for Trayvon Martin" Facebook, you didn`t like the George Zimmerman Facebook, did you, like in the Facebook terminology?
BAHADOOR: Correct.
O`MARA: So with sympathy for both, why did you not do both and just do the "Justice for Trayvon" page?
BAHADOOR: The opportunity didn`t present itself.
VELEZ-MITCHELL: All right. Well, we`re going to debate with our panel in the "Lion`s Den" on the other side of the break. Does her signing and friending a Trayvon Martin justice for Trayvon Facebook page make her an unreliable witness or a better witness? We`re going to debate it on the other side.
Stay right there.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Do you think he`s yelling "help"?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: George, what`s your last name?
GEORGE ZIMMERMAN, ON TRIAL FOR DEATH OF TRAYVON MARTIN: Zimmerman.
UNIDENTIFIED FEMALE: If that jury isn`t diverse, this could be troublesome nationwide.
CROWD: I am Trayvon Martin. I am Trayvon Martin.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
VELEZ-MITCHELL: Let`s go right back into court. A neighbor of George Zimmerman`s testifying what she saw and heard, including the gunshot.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Any objection to this evidence?
UNIDENTIFIED MALE: You`ve got to show it to her to refresh her memory, but I have no objection.
(CROSSTALK)
DEBRA NELSON, PRESIDING JUDGE: That conversation would have to be through me. I will refer you again to the court`s order. Thank you.
MARK O`MARA, DEFENSE ATTORNEY: Would you take a look at that and tell me if you could identify it.
SELENE BAHADOOR, WITNESS: Yes.
O`MARA: What is that?
BAHADOOR: A drawing, a sketch I did.
O`MARA: That`s what you did, correct?
BAHADOOR: Correct.
O`MARA: Is that accurate -- is that an accurate copy of the sketch that you drew for the officers?
BAHADOOR: Yes.
O`MARA: Any changes on it except for the addition of the exhibit?
BAHADOOR: Correct.
O`MARA: It`s correct, isn`t it?
BAHADOOR: Yes, it`s correct.
O`MARA: I would move this into evidence, your honor? Now being identified by our witness as the sketches she drew.
NELSON: Ok. Any objections?
UNIDENTIFIED MALE: Same objection, your honor, in terms of that we previously discussed.
NELSON: Ok. Well, please approach.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right. Let`s go to the "Lion`s Den" and debate it. Did the fact that this witness signed a petition to prosecute George Zimmerman ruin her testimony starting with Areva Martin?
AREVA MARTIN, ATTORNEY: Absolutely not Jane. You know this case is not going to be lost or won on the basis of one witness. There`s going to be lots of testimony. A trial is a battle ground as you know. So we`re going to see lots of witnesses that are going to testify, the prosecution and defense attorneys are going to go after these witnesses with everything they have. And I don`t think we should be making any judgments about what`s going to happen based on the testimony of this one witness. We`ve got to play this out to the very end.
VELEZ-MITCHELL: Evangeline Gomez?
EVANGELINE GOMEZ, CRIMINAL DEFENSE ATTORNEY: She`s an absolutely horrible witness. But aside from that, yes, it shows bias. Mark O`Mara should definitely say in his closing statement or after she testifies little weight to no weight should be given to her testimony because she has already shown who it is that she`s supporting.
VELEZ-MITCHELL: Ok. I`ve got to tell you this --
GOMEZ: And as a witness they need objective testimony.
(CROSSTALK)
VELEZ-MITCHELL: -- the side bar is ending and we have to go back into court. They`re doing Q&A again.
(BEGIN VIDEO CLIP)
O`MARA: If I may approach the witness.
NELSON: Yes, you may.
O`MARA: This is now in evidence. I`d like to ask you some questions about it. Firstly, can you tell me the date that you prepared that?
BAHADOOR: It`s dated March 20, 2012.
O`MARA: If you could, just describe what that is intending to show.
BAHADOOR: Where my house is located in reference to where I believe I saw arms.
NELSON: I believe I saw?
BAHADOOR: Arms.
O`MARA: I see a notation of arms identified on that document. If I`m looking at it with the orientation of the writing, top left corner is your house, correct? That`s the house that we`ve been talking about?
BAHADOOR: Correct.
O`MARA: And then you look across the pathway to what you have is the second house that you`ve identified as John Goode`s house, correct?
BAHADOOR: Yes.
O`MARA: Then I see a hedge, and then the second house screen, correct?
BAHADOOR: And house screen.
O`MARA: And house screen, sorry. Thought that was a two. And that is in fact the end of that row of houses, correct?
BAHADOOR: Correct.
O`MARA: And this is a picture of what you saw the only time you saw people out there, correct?
BAHADOOR: Correct.
(CROSSTALK)
O`MARA: You had stated on a previous occasion that you could not make out any words whatsoever from what you heard outside, is that correct?
BAHADOOR: Correct. The only word I can remember was "no".
O`MARA: Or an "ohhh-ahhh" kind of sound.
BAHADOOR: Yes.
O`MARA: Could they have -- were they screams?
BAHADOOR: It was a screaming noise with that sound.
O`MARA: You have heard -- I am presuming what we now identify as the 911 call, correct? Have you ever heard that tape?
BAHADOOR: On the media.
O`MARA: On the media?
BAHADOOR: Yes.
O`MARA: Ok. You heard the screams in the background.
BAHADOOR: Yes.
O`MARA: Were those screams similar to the screams that you say that you heard? Or are they different?
BAHADOOR: They`re similar.
O`MARA: Could they in fact have been the same screams?
BAHADOOR: Yes.
O`MARA: Again, just a moment, your honor.
(inaudible)
O`MARA: You have testified about the word "flailing" and then I note also on your sketch you mention the word "arms". Can you tell us a bit more about what you saw when you saw arms flailing?
BAHADOOR: I just saw arms moving up and down.
O`MARA: Like this?
BAHADOOR: Yes.
O`MARA: Is that -- and I moved for the jury`s benefit, my arms up and down in this type of a movement.
BAHADOOR: Yes.
O`MARA: Don`t say yes just because I did it. If it was something different, tell me it`s different. But is that what you saw, up and down?
BAHADOOR: It was more like this.
O`MARA: Ok.
BAHADOOR: Fast pace.
O`MARA: Ok.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
VELEZ-MITCHELL: You haven`t missed a thing. Let`s go back into court for the cross-examination of an eyewitness neighbor who heard the gunshots.
(BEGIN VIDEO CLIP)
BERNIE DE LA RIONDA, PROSECUTOR: With the court`s permission, may I approach the witness? (inaudible)
NELSON: Yes, you may.
DE LA RIONDA: For the purpose of the record, I`m going to be showing the witness what`s been marked just for identification purposes as M like in Mary, N like in Nancy and O like in Oscar. Ma`am, I`m going to show you those three exhibits, starting off with N like in Nancy, M like in Mary and O like in Oscar.
Mr. O`Mara. Before I get into that, this happened back in February 26 of 2012, correct?
BAHADOOR: Correct.
DE LA RIONDA: And Mr. O`Mara asked you about that you came forward I believe is when they had a town hall meeting like in a retreat at Twin Lakes, the club house, the police were asking if anybody has seen anything. Is that correct?
BAHADOOR: Yes.
DE LA RIONDA: Ok. So when it originally happened, you didn`t go out there and say hey I want to be a witness and I want to get on national TV, did you?
BAHADOOR: Correct.
DE LA RIONDA: You wanted to remain silent, you didn`t want to get involved at all, is that true?
BAHADOOR: Correct.
DE LA RIONDA: Now, regarding the one portion that Mr. O`Mara repeatedly asked you when he asked you to reference the three documents that you have in front of you, I believe they`re M like in Mary, N like in Nancy and O like in Oscar. I believe N that is in front of you is the statement that you gave -- a transcript of the statement that you gave investigator Chris Sereno.
Did investigator Chris Sereno he ever ask you the movement that you saw when you described on page two specifically when you said I heard noise, it was screaming noise and I thought it was kids playing in the back as they normally do. And then it sounded like somebody was saying either "no" or "huh", and they were running in the back.
Did Mr. Sereno specifically say, when they were running, "Tell me which direction were they running," did he ever ask you that?
BAHADOOR: No.
DE LA RIONDA: Ma`am now what I want to reference the next part is, the investigator -- I`m sorry, that should be exhibit M in front of you, like Mary. When you were asked again about -- by investigator John Bachelor with the Florida Department of Law Enforcement, to draw a picture, do you recall that? And they asked you in terms of the arms flailing, did that investigator ask you at any time when you described the running or what occurred to tell him which way the running was from left to right or right to left, did they ever ask you that?
BAHADOOR: No.
DE LA RIONDA: Ok. And finally, ma`am, in the deposition that Mr. West took where I was present and where Mr. O`Mara was present, and that should be in state`s -- defense -- I`m sorry, what`s been marked for identification purposes defense exhibit O, the thick one that I believe is a total of 30 -- let me get it right -- 31 pages. On page 5 of that deposition, you see there at the top, when you stated "I was in the kitchen cooking dinner, I heard some running and garbled screams. That`s what caught my attention." Question, "did the runs and garbled screams seem to be happening at the same time?" "Yes."
Did Mr. West or Mr. O`Mara ever ask you what direction was the running, from left to right or right to left?
BAHADOOR: No.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
DE LA RIONDA: You stated "It sounded just like running, so I would say yes, it sounded like feet on the ground." Do you recall that answer you gave?
BAHADOOR: Yes.
DE LA RIONDA: Did Mr. O`Mara or did Mr. West ever ask you which direction was the running coming from?
BAHADOOR: No.
DE LA RIONDA: Do you recall in that same deposition stating, when being asked, do you distinguish any words, specifically on page five of that deposition, and you saying in terms of no, the only word you heard was no. Do you recall that?
BAHADOOR: Yes.
DE LA RIONDA: I want to reference that same deposition on page ten, ma`am, your answer in terms of being described what was going on when the figures were up there. It looked like they were standing position. They were bent over, standing over straight. Do you recall giving that answer on page number ten -- I`m sorry, page ten under number five through nine. Do you recall stating it looked like they were in a standing position?
BAHADOOR: Yes.
DE LA RIONDA: Ok.
I`m sorry, your honor. May I have a moment?
NELSON: Yes, you may.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
BAHADOOR: I was only doing it so they could bring attention to what had happened.
O`MARA: Which was that you thought George Zimmerman killed Trayvon Martin --
BAHADOOR: I never said that.
O`MARA: -- and he should be prosecuted for it, right?
BAHADOOR: I never said that.
O`MARA: Why did you sign the petition at change.org that said I`m hereby in favor, by signing the petition, of prosecute the killer of our son`s 17 year-old Trayvon Martin. You did sign that petition, right? I`ll show you your Facebook --
BAHADOOR: I did like. So saying "like" means I signed the petition?
O`MARA: No, no, no. In addition to liking I`m asking you now, if you signed the change.org petition? May I approach the witness, your honor?
NELSON: Yes, you may. Show it to counsel, please.
O`MARA: Let me show you this. First of all, it`s your Facebook, correct? That`s your page?
BAHADOOR: Yes.
O`MARA: Tell me what that says right --
BAHADOOR: You`re blocking my view.
O`MARA: Sorry. Tell me what that says on your Facebook front page right there, just read that.
BAHADOOR: "Prosecute the killer of our son, 17-year-old Trayvon Martin, sign the petition."
O`MARA: Thank you. One last thing. Since this only came up today for the first time that you talked to anybody about it, how did you know to answer Mr. de la Rionda`s questions in a way that got out information --
(END VIDEO CLIP)
VELEZ-MITCHELL: And court is over for today. We`ll be back with more tomorrow. Wow.
Nancy is next.
END
