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February 27th, 2013
11:27 AM ET

Zimmerman attorney: Evidence supports George was confronted and injured by Trayvon Martin

Vigils across the country marked the first anniversary of the shooting death of 17-year-old Trayvon Martin. On Tuesday in New York City, Trayvon's parents were joined by hundreds of supporters for what they called the "Million Hoodie March." Oscar-winning actor Jamie Foxx was among those who spoke.

George Zimmerman, the man accused of killing Martin on February 26th of last year, is awaiting trial for second-degree murder, which is set to begin June 10. This morning, Zimmerman's attorney Mark O'Mara talks with Soledad on “Starting Point” to discuss the anniversary of the shooting as well as the next steps in the murder trial.

In April, O’Mara and his client will have the opportunity to ask the court to dismiss the charges under Florida's "Stand Your Ground" law at an immunity hearing. O’Mara says the case is “a self-defense case” because his client “did not have the chance to retreat; so calling it a "Stand Your Ground" law is really not accurate.”

Regarding the public opinion of his client, O’Mara says things have improved since the initial reporting of the story.

Over the past year O’Mara says, “people have finally decided to wait or they've looked at the other information that has come out to see there are not only two sides to the story.” He adds, “it really looks at though the evidence supports George did not do anything wrong and that he was after the initial coming together confronted and injured by Trayvon.”

“It’s horrible to say when you’re talking about a young 17-year-old who’s now passed away that he may have caused his own death but the injuries that George had support nothing but that he was attacked by Trayvon and that he was fighting for his life,” O'Mara says.

"The evidence doesn't support anything that George is the aggressor in the fight. Trayvon had no injuries on him but for the fatal gunshot and George had significant injuries to his face and to his back. I know the prosecutor's position but they have to have the forensic evidence to support it,” O'Mara adds.

Filed under: Florida • Stand Your Ground • Trayvon Martin
soundoff (8 Responses)
  1. h2orevival

    The fact that the media turned this into a racial issue makes me sick. From the coverage and the photos of TM you'd think he was an alter boy at the time this happened. Give me a break! If this happened to 2 white guys or 2 black guys this wouldn't even hit the news. We don't know for sure what happened that night but we DO know what didn't happen that night. GZ did not track this kid down and kill him....he defended himself and he had a gun. It was an accident. GZ is not the bully and he's not a racis but the fact that this kid was black...all bets are off.

    Its a strange world we live in. Casey Anthony can kill her own child, put the baby in the car until she rotted in the hot FL sun, lie about it, put the police through a wild-goose chase, cost the tax payers millions of dollars and she's innocent. Go figure.

    May 28, 2013 at 1:51 pm | Report abuse | Reply
  2. Logansuave

    My 2 cents. The fact is no one that bashes zimmerman or trayvon know "the facts". Everyone jumped on the media band wagon. It is a tragedy that a 17 year old was killed. Only the people that were there know the "facts" and unfortunately one is no longer with us. Also, the mind has a funny way of distorting events when you are the one experiencing them. So zimmerman's recollection is not the most reliable either (true or not).

    I agree with the comment that "mob justice is not justice" posted by WhiteMF. The only thing to go off of is the forensic evidence, because if things did go down the way Zimmerman says, then he's right under FL law. Regardless of whether or not he was following, stalking or whatever else people say, if he felt his like was in danger, then he can defend himself with fatal force (as the law is written). At the instance of a getting into an altercation you have no way of knowing whether or not the person is armed. IF he's guilty, he will lie as most guilty people do, to get out of it.

    Only the forensic evidence will prove one way or another, and how well it is shown by the prosecution.

    Guilty or not, It is a tragedy that could've been avoided by both parties (my opinion).

    March 13, 2013 at 3:40 pm | Report abuse | Reply
  3. ijgoiog[oewieor

    Regardless of you typos, you are completely wrong, Jim. GZ wasn't a mental patient, and TM attacked him for calling the cops on him. As soon as George hung up the call, TM sucker punched him. Snitches get stitches. And thugs get slugs. RIH, No-Limit_Punk!

    March 3, 2013 at 8:21 pm | Report abuse | Reply
  4. Jimmyjam048

    UGH! Spell check on an OLD IPad changes "date" to " data", "judges" to "midges","minding" to "morning" and other typos.
    I'm sure being 15 miles offshore with intermittent Internet access doesn't help either.

    March 3, 2013 at 2:02 pm | Report abuse | Reply
  5. Jimmyjam048

    A mental patient, armed with a 9mm handgun and cop killing hollow point bullets follows a stranger (who was committing no crime and was morning his own business) the stranger runs from the mental patient and at some points the armed mental patient and the stranger meet, fight and the armed mental patient shoots the stranger. Who just happens to an unarmed 17 year old.
    Now a year, three midges and a perjury charge against the shooters wife later, we have a court data.
    The LAST thing George Zimmerman wants is a fair trail as he fears the truth will send him to jail.

    We cannot have a law abiding society when armed mental patients are allowed to freely roam the streets following people with cop killing 9mm hollow point nulets.
    GOOGLE "Hollow point bullets" and look at the extensive damage and blood loss they cause. Zimmerman shot his victim in the heart. Even if his victim was in the ER there is no way to repair a heart that has been turned into hamburger.

    March 3, 2013 at 1:58 pm | Report abuse | Reply
    • Doug

      I tend to agree with you that Martin was pursued by Zimmerman (stalked is a good word, because he followed him with stealth, or at least tried to be stealthy).

      It's going to be a difficult case really. As seen on these comments sections, many people are motivated racially in how they view things. On both sides, but for me, it seems particularly those who support Zimmerman who tend to be very anti-Trayvon at the least.

      The facts are that Martin was just walking and chilling like a zillion teen-agers do every day. A lot was going on in Zimmerman's mind about Martin that didn't prove out to be true. But it was Zimmerman's motivation.

      So he stalks Martin until Martin finally reacts to the stalker and, if we are to believe Zimmerman's attorney, then he goes after his stalker.

      The way many on these boards seem to want it to go, Trayvon deserved to be killed for going after his stalker. Zimmerman was in the right all along.

      I can't agree with this. It may be that Travon should not have gone after a stalker. I do not really know what the laws in Florida will say about it. But there is a case in FL where a guy was robbed and/or attacked and the robber then ran away and the victim chased him down and the robber used a bag of stolen car radios to hit the victim, whereupon the victim then used a knife and stabbed the robber to death–this was protected by 'stand your ground'.

      In this case, it's Zimmerman stalking Martin. But he doesn't rob him or threaten him. He just stalks him.

      It's difficult for me to not put some blame on Zimmerman who precipitated the whole thing by following Martin and having a gun. Acting in this way, he basically set the stage.

      So does that mean that I am free to suspect anyone just walking around at night? And that I can then arm myself, and follow them until they feel stalked and until they decide to confront me and when the confrontation comes, then I get to shoot them and call it self-defense?

      That's what i can't swallow about this case. For me, Zimmerman bears at least most of the blame. For him to walk away with a self-defense exoneration would be something like giving the evil deputy in "The Green Mile" - Percy - an award or promotion for stepping on a mouse or otherwise being an a$$.

      If he a.) never follows him, Martin is still alive today. Even if he just b.) stayed in his car, it's not likely anyone dies that night. By forcing the issue and going outside of what he was directed to do (he wasn't even on duty as neighborhood watch that night and he was told by police dispatchers an officer was on the way and they didn't need him to follow him), he essentially got Trayvon killed.

      Perhaps Martin is wrong to confront his stalker. I can't deny that legally speaking, he himself should probably have called the police. I doubt he had a right to physically confront his stalker, but at the same time, the fact he was being stalked for over an hour is at least a mitigating circumstance in his assault, if indeed that's what occurred.

      At the end of the day, in light of the current gun debate, it's undeniable that if he just didn't have a gun that night, there may have been a scuffle, which he himself essentially precipitated by stalking Martin, but no one would have been killed. Martin may have gone to jail for an assault (which would probably be at a misdemeanor level, not felony) and that would be that. Or perhaps George would be in trouble for stocking when it all came out. But no one would be dead.

      There may be times when a gun could save a life or at least, defend the innocent from being harmed, raped or killed, but I'd argue there are plenty more times when no gun around at all would have been the best outcome possible.

      March 8, 2013 at 2:20 pm | Report abuse | Reply
  6. WhiteMF

    Bernhard Goetz shot down a young mob that had surrounded him on a subway train and demanded money in an intimidating manner. He was not battered, but a New York jury exonerated him nevertheless. I can recall no mass protest marches. George Zimmerman likewise has a right to be tried by an impartial jury. Will it be possible to seat one after all the media hype? I would not want to be involved because of the danger of vigilantes later attacking me. Mob justice is not justice!

    February 28, 2013 at 12:52 pm | Report abuse | Reply

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