New questions on affidavit filed against George Zimmerman
Defense attorney Mark Eiglarsh weighs in
- Duration 5:45
- Date Apr 16, 2012
Defense attorney Mark Eiglarsh weighs in
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We'll -- questions today about the basis for the second degree murder charge against George Zimmermann.
The supporting police affidavits appearing to make assumptions about quote profiling.
And behavior that is very much still in question when it comes to how things unfolded between.
Self appointed neighborhood watchman George Zimmermann and teenager from bond Martin who he killed one fateful -- weeks ago.
They're now -- -- attorney we've been promising to you mark I glad she's a former prosecutor a defense attorney and a friend Kelly -- America live mark.
We could think of no better person to -- to go through this because you've seen it.
These criminal got cases from both sides of the aisle in Florida as both the guy try to put people behind bars and trying to stop him from going behind bars.
I mean noted attorney had some major issues with this second degree murder charge and with this affidavit behind it do you.
I respect the heck out of him I've admired him for years but I'm not as outraged at all.
Like he is this is typical.
Probable cause affidavit that leave out the defense's perspective that lead out statements that could help the public understand why the shooting took place.
That happens all the time all they need to do was put probable cause in a four quarters of the arrest affidavit.
-- believe they've done and yes it's been in certain areas but.
That's all they typically do what about this is one of the pieces that has some folks -- -- Here is a bit now this is a document that that gets them the charges read this is the bid this supporting affidavit that leads to the charges that a 72 degree.
Here's that here's what the investigator writes in it when the police dispatcher realize Zimmerman whispered was pursuing -- He instructed Zimmerman not to do that and that the responding officer would meet him Zimmerman disregarded the police dispatcher.
And continue to follow Martin who is trying to return to his home we'll less than 911 tape when that.
That not 11 operator told government not to follow ultra bot and you tell me whether it shows the Zimmerman.
Disregarded the police and continue to follow with.
-- references that -- guitar -- that I contribute.
Yeah yeah yeah we.
Don't -- -- look at what.
-- -- -- -- -- Fortunately.
Didn't he -- So first he says he will not follow him.
Benny says -- rant and then there's another sound byte which I won't pick up our time what that is another sound byte which he says that he lost them.
And that he doesn't -- -- give his address because he doesn't know where -- it.
Okay so so how does -- please get to the conclusion that Zimmerman disregarded the police dispatcher and continue to follow -- is and that's still very much in question.
However law enforcement knows that this arrest affidavit will be used to vigorously cross examine them if somehow what they put -- here it doesn't add up.
It would undermine their entire investigation so what I have to believe.
Is that law enforcement does have additional evidence it's not contain this probable cause affidavit in fact they say we.
We spoke with witnesses we have affidavits we look at photographs -- look at a lot of things that are under no obligation to put everything in the arrest affidavit.
They don't have to put everything -- and I agree with you and I think the criticisms of them in the you know not putting all the evidence that's good for the defense and there.
Are baseless because they don't do that you're right but to make such giant leaps I mean isn't this doesn't this go to the heart of the case marked the whole case comes down to.
You know in large part.
What happened after George Zimmermann was told to not -- for bond anymore and I think you can't make a case it's still manslaughter at least.
It even if he abandoned the pursuit and they ran into each other again because for -- was scared because he'd been getting followed.
But to just assumed that he continued to followed her bond when the one.
You know that the evidence on that tape suggests he did not.
And I don't Megan no well let me just say this it's not ethical they don't have any evidence of it but they they probably do I mean he he was he within a certain point.
And then he wound up at another point which suggests that he then that continue to pursue him and I don't know -- they have that evidence but here's -- this case comes down to.
Did it George Zimmermann.
Turning his back on trade bond and walked it was car like the -- brother alleges if that's the case of a strong argument can be made.
By Zimmerman -- lawyer that he then retrieve it from the threat.
And that then -- bond becomes the aggressor punching him in the those taking him to the ground slamming him as head to the ground and then there's no reasonable means to escape the harm.
And he uses is gone because he reasonably fears get the great bodily harm.
I don't know those -- the -- but -- those are then that's a strong argument be made for immunity.
I can take I can to get inside of that market and say that's not -- -- there -- that's that's your because it -- Europe if I'm if I'm following you around the community.
You're not doing anything wrong I think you are I'm following you following you -- following you and then I lose you.
And -- block leader within sixty seconds we run into each other again and you confront me like why are you following me we have a struggle and and you know you wind up dead.
That's arguably my fault because I was -- following you and making you scared in making you wonder about me.
One key line in this probable cause affidavit is.
This is not all the evidence -- aren't all the facts.
These were in here I think the exact line is for purposes solely to establish probable cause which as that's like -- outline is not unusual mark thank you.