General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsImportant Zimmerman Question?
Can Zimmerman's testimony in his bail hearing be used against him during his trial?
There are two problems I found with his extremely insincere apology and why I think it to be insincere.
Thanks to kpete's post:http://www.democraticunderground.com/1002588295
I wanted to say I am sorry for the loss of your son. I did not know how old he was, Mr. Zimmerman, 28, said, speaking publicly for the first time about the Feb. 26 shooting. I thought he was a little bit younger than I am. I did not know if he was armed or not.
1. He clearly stated in the 911 call that the boy appeared to be in his late teens around 18 or 19.
2. Now he says that he thought the boy was a little younger than him. He already lied on the stand. <--absurd because of point 1.
3. I agree he didn't know if he was armed or not...then why confront him if you didn't know? Why put yourself in such a dangerous situation if there was a possibility you would die? What does it matter if he was armed or not?
As an aside. I loved his expression when the Prosecution was pissed off by his apology. He acted like he was surprised. I'm like do you hear what you're saying? And where you're saying it. Aside from the lies and absurdity of his non-apology apology. I was just insulted in the environment he did it. He could not respect the wishes of the Martin's so he had to make a public fiasco of it.
Anyway I just want to know if the Prosecution can use his obvious lie in his apology towards their case and build a case of probable cause just by his own statement on the stand. I feel that O'Mara might not have liked the way he expressed himself here.
TheWraith
(24,331 posts)As such, it doesn't really hold any water in court.
vaberella
(24,634 posts)I figured the "anything you say" rule still stands here.
vaberella
(24,634 posts)TheWraith
(24,331 posts)If the statement was made under oath, as some of the other news articles indicated, then it's conceivable that it could be brought up. I'm not sure why though, as it's not particularly material, except possibly to establish a pattern of deception on Zimmerman's part.
vaberella
(24,634 posts)I wanted to know how far the pattern of deception can go especially since he already stated to lie in a court room even if it's a bail trial.
Hell Hath No Fury
(16,327 posts)It was a statement, though I am not sure the Prosecutor could/would use it in the case.
vaberella
(24,634 posts)1StrongBlackMan
(31,849 posts)incorrect.
1StrongBlackMan
(31,849 posts)Statements made during preliminary hearings can be used at trial.
vaberella
(24,634 posts)I got the two guys above who said no...so I figured no. Now I have to ask them to provide proof too. How badly does this hurt Zimmerman's case?
1StrongBlackMan
(31,849 posts)Here is a brief primer on the subject of prilimary hearings. Look about half way down under the section headed by: What Are My Legal Rights During A Preliminary Hearing?, third bullet point.
http://www.lawfirms.com/resources/criminal-defense/criminal-defense-case/preliminary-hearings.htm
Here is a good discussion on the subject:
http://federalevidence.com/blog/2010/june/confrontation-clause-inapplicable-preliminary-hearings
But moreso, it is a misnomer that there is a distinction between sworn and unsworn statements made in court ... All statements made in court, while on the stand, by a party to the matter at hand are considered sworn.
But to answer your second question ... I don't think it will affect zimmerman's case at all.
Hell Hath No Fury
(16,327 posts)still different and you know it.
1StrongBlackMan
(31,849 posts)One (testimony) is giving for evidentiary reasons; the other (statements) are not, but can be used at a later time (at trial) for evidentiary purposes.
pkdu
(3,977 posts)Hell Hath No Fury
(16,327 posts)that he thought Trayvon was "close to his age" or risk having his preliminary hearing statement brought up.