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Live Coverage of the George Zimmerman Trial

Aired July 12, 2013 - 09:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

MARK O'MARA, DEFENSE ATTORNEY: And I'll tell you where I am. Big deal made about the re-creation video and the numbers right behind him and the numbers not on the back of there (ph).

By the way, one of the points on that, which witness -- and this is going to sound as though I'm being a little bit sneaky, so let me premise it with that.

Which witness told you that Ms. Lauer's lights were on that night?

So, the numbers that they want you to believe that Mr. Zimmerman walked by, that he just wanted to go after him.

Just so we're clear, the witness that showed you that Ms. Lauer (ph) was here and the state asked the question of her, just so we're clear, because we really want to prove that he was doing this intentionally and trying to say something that we can catch him on later, please tell the jury that your lights were on that night.

They never asked him that. They just didn't, because they want you to presume and assume and connect the dots and do whatever.

Now, is that sort of sneaky? No, sorry. This is their burden. They have to take away reasonable doubt. They have to look at this case and say to you, ladies and gentlemen of this jury, hi, we're the state. We have proved this case beyond and to the exclusion every reasonable doubt because we have connected every dot that forms a line that leads to nothing but conviction. And they just didn't.

So, now what happens? Along my path towards beyond a reasonable doubt, innocence.

What evidence do we have? I would contend to you that though there was a minute in this tape or after this tape, he hangs up, 7:13:44. We know Ms. Lauer's call starts at 7:16:11. There's some time in there.

We know that Ms. Lauer heard it about 15 to 20 seconds before she decides to make the call. She testified it took about 25, maybe -- I think she said 25 seconds to get the phone, dial it, try Jeremy's (ph) phone first; that didn't work. Tried hers, connect, 30 seconds.

Back it up another 30 seconds as to what George Zimmerman was doing. Now, we know that he said at a time that he didn't know that he had to protect his story, that he said he's still gone all the way to the 3P (ph) circle. Sort of makes sense, I would submit. And then he was coming back with that little baby flashlight, but the other one, the impact weapon, that was pointed out by the state as not used as an impact weapon.

This little flashlight on his keychain that he had. So he had this and it was on. You'll see the pictures of, you know now, I think, the pictures of the darkness that night. One is stunning in that if you sort of see here's the field of flash and then beyond it it's almost like this black wall. It was that dark.

So, yes, he had his flashlight with him and he had it on. And if that's evidence of tracking Mr. Zimmerman, let the state prove that to you. So, we know. We don't know. Evidence seems to support that George is heading back towards his car and they don't have one shred of evidence to suggest otherwise. And if they had it, I presume that they would have presented it.

So, where is it? What evidence do we have that it happened at the T (ph) intersection? Well, we have the flashlight, probably not a bad idea to start there because somehow that flashlight got dropped right there. But not just George's, George Zimmerman's story about that is there.

We have Jenna Lauer (ph), who said, I heard the noise; it was out that way, sort of towards the T-intersection.

Did she look? No.

Did she hear? Yes.

Is she close? Probably.

And we have Ms. Manalo (ph), opposite side, saying it was off to the right, consistent with the T-intersection. We have Ms. Diker (ph), who though we had some questions about what she saw and how she saw it, nonetheless, she said it started sort of outside of her window.

So, we know that the altercation certainly seems to have started exactly where George Zimmerman said it started. And that somehow it got dragged down to the area where Trayvon Martin was actually shot.

I am going to show you what Mr. De la Rionda mentioned. It's an animation. It's not evidence. Doesn't go back there with you. It's just an overview of some of the evidence and how it may look in the context of it.

So, if it works, we're going to spend a moment to just look at it. It only runs about a minute, minute and a half. It does have a 9-1-1 call on it because it's used to sort of set the scene a little bit as far as timing.

And then I'm going to come back and sort of explain some of why what is in there is in there. Only if it works, though. What is the chance of that?

(Inaudible) messed up (ph) if we disconnect one item and put on another.

You don't know or it shouldn't? Great.

(Inaudible)

(Inaudible).

UNIDENTIFIED FEMALE: Yes, you may.

O'MARA: OK. A couple assumptions and a couple problems with this before we look at it. You'll see where they started. I have Mr. Martin sort of approaching, coming down the sidewalk. There is questions or conflicts about that. Was it bushes, was it sidewalk, was it behind me?

And, of course, you can see it. It's lit. If it was real weather and lighting conditions, we would be looking at a black screen. So, some artificiality that I have had to include in the animation to show you is just things like that.

But what I want you to look at is how the event may have happened at the T-intersection and how things sort of progressed from there and how that comports with some of the evidence.

(Inaudible).

Or not.

T-intersection, the first -- there is the shot -- to the nose, we contend -- number one right there is where the flashlight is found, George's small flashlight on his key. We didn't have any movement except to get them to the spot of the eventual shooting, because we don't really know what happened, although George did -- George Zimmerman did say that he tried to push him off and tried to push him away.

I think from the video, there were movements like this that you saw. Whatever. Somehow they got those 25 or 30 feet to the area where we know things happened because this perspective right here, you see that column on the left-hand side. This is John Good's (ph) patio, where he was actually standing and he came out.

The items match, just so you know, the items match precisely the areas where all the evidence was found and the numbers match the graphs that are already in evidence before you. So, you'll see 8, 1, 2, 3, all of those match up because they came from the same data.

What I've done on this, is I have now begun the 9-1-1 call, because it's pretty close to time synced to John Good's event because you remember he testified, looking at what he saw, 8-10 seconds. He went inside, decided to make the phone call to 9-1-1.

We used that as about 20 seconds or so. An assumption, I agree, because Jenna Lauer had testified it took her about 20-25 seconds to make the decision and dial 9-1-1. So we sort of had to figure out exactly the timeline as best we can. UNIDENTIFIED FEMALE: I'm maybe (inaudible). I'm not sure. There's just someone screaming outside.

UNIDENTIFIED FEMALE: OK. What is the address (inaudible)?

O'MARA: Address is taken out.

UNIDENTIFIED FEMALE: (Inaudible).

O'MARA: Now, this is when, according to Mr. Good's testimony, he came out and saw what he saw. What we have done is take away the animation and just use three different figures or positions because this is what he said he saw. He said when he came out, he saw them sort of straddled one on top of the other and then he saw them move towards the sort of parallel.

We're having confusion with horizontal, vertical, parallel and perpendicular at trial. But think the indication was he was -- they were parallel and maybe on the concrete. So that's going to come up next.

UNIDENTIFIED FEMALE: (Inaudible)?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: OK. And is it a male or a female?

O'MARA: The second position where he said this is the mounted position or where the ground impound (ph) was occurring. This is where he said it happened, closer up to the cement. Again, consistent with what Mr. Zimmerman was saying when he was talking to the officers. Or you decide if it was consistent or not.

UNIDENTIFIED FEMALE: It sounds like a male.

UNIDENTIFIED FEMALE: And you don't know why?

UNIDENTIFIED FEMALE: I don't know why. I think they're yelling help. But I don't know. Just send someone quick, please.

UNIDENTIFIED FEMALE: (Inaudible)?

O'MARA: The third position is when John Good, as he was leaving, said that they had some sort come down away a little bit. Mr. Zimmerman said that he was sort of trying to shimmy or to get off, specifically being on the concrete.

And this was also put in there. And again, there are some assumptions in this animation, because the next position that you're going to see is the position just after the shot. This is the position where we contend the shot happened.

UNIDENTIFIED FEMALE: Does he look hurt to you?

UNIDENTIFIED FEMALE: I can't see him. I don't want to go out there, I don't know what's going on. O'MARA: The angle of those two people, obviously one sort of over the other.

You remember Dr. De Mayer's (ph) testimony and other people's testimony, even Mr. Ruka (ph), I think, testified that because of the way the clothing is, that if leaning over, it was consistent with the gunshot, that being contact, not pressed to the chest, but contact with the clothing and then about 2-4 inches away from the chest.

UNIDENTIFIED FEMALE: (Inaudible).

UNIDENTIFIED MALE: (Inaudible).

UNIDENTIFIED FEMALE: (Inaudible).

UNIDENTIFIED FEMALE: So you think you're hearing help?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: All right. What is your (inaudible)?

O'MARA: Now you see we have George Zimmerman on top with the red. His testimony was, shot him, that Trayvon Martin fell to -- off and to the left. You'll look at the scene photographs where you see Trayvon Martin's feet are sort of in -- someone called it a bicycling position. They just -- I would argue, consistent will having been shot and fell off to the left, his side, and then fell onto his stomach.

George Zimmerman then got on top, as he testified, to, at least, to move out the hands.

UNIDENTIFIED FEMALE: There's gunshots.

UNIDENTIFIED FEMALE: You just heard gunshots?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: How many?

UNIDENTIFIED FEMALE: Just one, two. (Inaudible).

O'MARA: Now, this right here -- by the way, what you're seeing is what is called a 50 millimeter perspective. The human eye see things at about 49.5 -- well, I can't tell you that because I don't know if that's in evidence.

Anyway, it's a 50 millimeter perspective, similar to what people see when they look, which is what John Good had and which is what this has right here, because this is Selma Moore's (ph) perspective.

This is the column that she sort of said she looked out and around, and the timing is appropriate because we had it about six, seven, eight seconds from the time of the shot, which is when you remember when Ms. Moore did her sort of walk around in the courtroom. She said, if you timed it, it was about eight seconds, thereabouts. because she took, she heard the shot, reacted to the shot, walked around and come around and go outside, shimmy through the door look out and that's what she saw.

So, she would have seen I think she pointed to George Zimmerman's story, she would have seen George on top spreading out the hands. And she said she saw the foot move. She said that at that point George Zimmerman sort of got up and looked around. You remember her testimony. And we'll talk about that in a minute, as well. So this is what she saw or at least her perspective.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: No, come here.

(END VIDEO CLIP)

O'MARA: This is now the rest of the 911 call. You heard it. It's not particularly significant to the events because nobody said that they saw anything of relevance beyond that, from this one. Thank you, your honor.

The animation, of course, is just that -- somewhat made up. It wasn't that night. It wasn't a video tape although George Zimmerman hoped that there was. George Zimmerman hope that there was but it does somewhat give an idea, a perspective that at least is consistent with the evidence that was presented before you in the case because it does show the probability, if not the exact certainty that this event started at the t-intersection or thereabout and it started with a shot to the face -- Trayvon Martin against George Zimmerman.

And then it traveled down 30 feet or so, however they ended up there. We know that when they ended up there that the only one that was injured at all except for the gunshot, was George Zimmerman. And that the only other injury that Trayvon Martin had on him was what seemed to be a fight injury from a couple of scrapes to the knuckle.

So again, in my quest, my dangerous quest to prove my client's innocence beyond a reasonable doubt now we get really into what happened. Because you can argue and the state will, all you want that George wanted to be a cop. And George's calls to law enforcement in the past just had some seething anger of build up. But don't assume it. Prove it and believe it. You don't prove it, it just doesn't exist. And don't connect those dots if they have not been connected to you beyond a reasonable doubt by the state.

So now, let's look at what really happened that night. And let's see the graph is done. So what were these people doing just before? Spend a moment on that to start talking about my client's absolute innocence. This is about a minute and a half, something like that, after George's call. But he was doing something. Whether he was wandering up to retreat this circle to get an address or had that flashlight on looking around a little bit. Whether as he said to the law enforcement officer, I do want to try to figure out where he is. I do want to at least keep a visual on him -- whatever. That was about a minute and a half. It's really interesting, as well, about the, about the phone call is what Trayvon Martin was doing because we haven't spent a lot of time on that yet. But the evidence is sort of compelling as to what he might have been doing. We know that he was on the phone with Rachel Jeantel and we know that that ended and we have the time. It's all at a precise time and that kicks back in and that she said he was running which, actually, coincides pretty straight forward with when George said he was running -- some consistency there.

So, Trayvon Martin was running and he was running at about somewhere nearby 7:11:47 keep that number in mind for a minute. 7:11:47, because the altercation according to Miss Lauer's (ph) phone call, if you sort of look at when her phone call started, back it up to when she heard what she heard, she called it 7:16:11. Give her 30 seconds or so to have started right and we're on there.

We're going to take a break for a couple minutes. Because I didn't realize whatever I've been talking for an hour and 20 minutes so we're going to take a break, but before we take a break, here is what I'm going to do. We're going to sit tight, and we're not going to talk. And I'll tell you when we'll talk again ok.

So try not to do much. Starting now.

That's how long Trayvon Martin had to run -- about four minutes. When he said he was running, that's how long. So let's talk about who was doing what and when.

Chad, the first witness who we talked to, said he could probably throw a football from the back of his backyard to the T intersection. We actually don't have evidence who will say as to how far that was. I gave the (inaudible) sight; I'm not sure who plays football around here, but nonetheless, this is where he was staying. This is where George's car was parked. This is the T intersection, and Chad could throw a football -- he actually probably can't throw a football that far, because it's a little bit further than that, but there are some good football players who probably could.

He had four minutes. And he told Rachel Jeantel that he was running. We sort of know for the most part where George Zimmerman is to make -- but since this is the state's case and not mine, did they show you, tell you, explain to you, give you any insight whatsoever on what Trayvon Martin was doing four minutes before that start -- fight started at the T intersection? Do you have a doubt as to what Trayvon Martin and what Trayvon was doing and what he must have been thinking for four minutes?

We need time for a break if I might, your honor.

DEBRA NELSON, SEMINOLE COUNTY, CIRCUIT COURT: Yes you may.

Ladies and gentlemen, if you will please put your notepads face down on the chair, follow Deputy Jarvis down into the jury room, We will take a 15-minute recess.

WOLF BLITZER, CNN HOST: There is George Zimmerman at the end of the first half of Mark O'Mara's closing argument before the jury, the judge going into a recess now, she said for about 15 minutes, sometimes it lasts a little bit longer.

We want to welcome in our viewers. I'm Wolf Blitzer in for Carol Costello. This is a special edition of "NEWSROOM". Right now this mesmerizing finish to the George Zimmerman murder trial. We're going to return to the courtroom as soon as the defense attorney Mark O'Mara resumes his closing argument. The challenge he's facing, convincing the jury that Zimmerman was merely trying to defend himself when he shot to death the unarmed teenager Trayvon Martin.

Let's get some perspective on what the jurors have heard so far today over the course of the first hour and 20 minutes or so of Mark O'Mara's closing argument.

CNN's George Howell is outside the courthouse in Sanford, Florida. He's been covering this trial for us. Also joining us, our legal panel: criminal defense attorney Page Pate, former prosecutor Philip Snyder, and CNN's senior legal analyst Jeffrey Toobin.

Jeff, I'll start with you, how did O'Mara do in the first hour and 20 minutes or so?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, first of all what an extraordinary contrast between the styles of the prosecutor and the defense lawyer. Yesterday we had this very rhetorical, formal, loud presentation. And today, very conversational, very relaxed, almost chatty, and, you know, I guess it depends on how you respond to that kind of speaking. I think, frankly Mark O'Mara is much better, it's a lot easier to listen to.

He started talking about reasonable doubt. He uses a thermometer where it is sort of a cliche (inaudible) a lot of -- as I've seen them very often where reasonable doubt is the very top. You just show how difficult it is to get to beyond a reasonable doubt.

When I was a prosecutor, when I saw one of those, I always wanted to crawl under the table. I think they're very powerful, very effective. And I think this has been a very good closing argument so far, and he's likely to get even better.

BLITZER: All right. Everyone stand by for a moment. We'll take a quick commercial break. We'll resume our analysis of what we just heard and a lot more.

We're gearing up for part two of Mark O'Mara's closing argument. The court in recess for a few minutes right now. Our coverage continues in a minute.

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