kbp wrote:
Always remember that I am searching for what to anticipate in the fairy tale Bernie is hoping to tell the public, by way of telling it to the jurors.

Yes, and I fully understand that I may merely be discussing the case for acquittal on appeal.
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Mitigating factors is somewhat open ended. Bernie's factors will be followed in a vehicle, scoped out from vehicle, left vehicle to track, reached for ____ and George could not know when Trayvon saw the gun. So Bernie has to add the possibility that Trayvon saw the gun before or as George reached for _____.
Followed in a vehicle: fact not in evidence
Scoped out from vehicle: how can making a phone call from inside one's vehicle be an act of physical aggression?
Left vehicle to track: not in evidence when/if Martin even knew of Zimmerman's actions. (Opens door to "why wasn't Martin safely at home after 4 minutes" reasonable doubt question.)
Possibility Martin saw gun early: the gun was concealed; no evidence that he saw it. Martin's actions belie early sight of concealed gun.
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Bernie's tale could be that Martin saw it at or near the instance George reached for _____. Geore EVER actually says he reached into his pocket, more like he is feeling and looking for it in various locations.
Tales != evidence. At some point, the State will have to present evidence to support such tales.
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Link from YT search:
http://www.youtube.com/watch?feature=pl ... kGZgJxTi4#!
George @ 7:50+/-: "…and I went to go grab my cell phone, but my, I had left it in a different pocket, I went, I looked down at my pant pocket (rt side)."
To one observing, had that person seen the holstered gun, what was he to conclude George was reaching AND looking for?
Not logical. The gun was holstered at about 5:00 - i.e. on the
back side of the waist circumference. Feeling a hip pocket would not look anything like reaching for an IWB-holstered gun at 5:00.
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Not 100% accurate, but about as close as we can get going off what George said: "I >THINK< I stumbled, I fell down, he pushed me down, somehow he got on top of me." Also, recall that it is difficult to outrun a bullet.
Given the disparity of physical condition, the darkness, the weather conditions, and a stunned Zimmerman who just endured a broken nose, and stumbled to the ground, Martin could have easily run away.
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Great point! Bernie has a few bumps in telling the tale as he'd like to, but it has not slowed him down yet. But, there's that issue of the FDLE interviewing #6 and, IIRC, he said he could not be certain which who was yelling for help.
No, Witness 6 always maintained that he believed that it was Zimmerman who was screaming for help. He just said that he couldn't see his mouth moving.
But of more importance, he did not hear the person screaming saying anything like "he's got a gun".
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If Bernie's goal is a show trial - reasonable doubt of Trayvon's guilt - this is not a problem.
I assume you meant, reasonable doubt of
Zimmerman's guilt?
That's why there is an appeals court, because without overcoming all reasonable doubt, the DCA will acquit. (I don't think they'll even order a new trial; they'll just reverse.)