George Zimmerman's lawyer to appeal judge's decision to stay on caseBy Rene Stutzman and Jeff Weiner, Orlando Sentinel
2:13 p.m. EST, August 13, 2012
George Zimmerman's lawyer is pushing forward with his fight for a new judge.
Mark O'Mara announced at a press conference this afternoon that he will challenge a decision by Circuit Judge Kenneth Lester Jr. to stay on the case.
In court paperwork, O'Mara had asked Lester to step aside. That's because of a bond order in which the judge described Zimmerman as a manipulator and suggested that he might face contempt of court charges for helping hide $130,000.
But Lester on Aug. 1 rejected the request, writing only that O'Mara's pleading was legally insufficient.
O'Mara had 30 days to file an appeal. Today he said he would.
"We're not going to take any chance of short-cutting my client's constitutional rights," O'Mara told reporters outside his office.
O'Mara also discussed his recent announcement that the defense will seek a hearing under Florida's controversial "stand your ground" law.
He told reporters today that he believes the facts of the case show his client didn't have any option to retreat rather than shoot.
"I think the facts suggest in this case that what probably happened was that my client was reacting to having his nose broken" while lying on his back being pummeled, O'Mara said.
The defense lawyer also reiterated that his client will seek permission – from Lester or, if his appeal succeeds, a new judge — to leave Seminole County. Zimmerman is living in fear, he said, and running out of money.
"He really has to live as a hermit, unfortunately," O'Mara said.
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