July 11, 2013 By Wallin & Klarich

Why is George Zimmerman on trial for murder? We can only blame the Florida prosecutors pursuing the case if an acquittal results in violence.

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As a criminal defense attorney with over 30 years of experience, I watched with great interest as George Zimmerman was arrested and accused of murdering Trayvon Martin. From the outset of this matter, it was clear to me that law enforcement personnel were not excited about Mr. Zimmerman’s arrest. It was evident that his actions constituted a case of self defense.

However, “political correctness” took precedence over good judgment, as the district attorney’s office charged Mr. Zimmerman with murder. Was the murder charge racially motivated by the two individuals’ different races? We will never know the answer to this question.

What we do know is that millions of dollars have been spent on the prosecution of Mr. Zimmerman. The trial has been broadcast across the nation on a daily basis. The public can watch the same testimony as the jurors. Despite my experience as a criminal defense attorney, I put myself in the jurors’ shoes and viewed the case with an open mind.

What was the prosecutor thinking? Several of the prosecutor’s key witnesses, including law enforcement officials, provided testimony that was far more favorable to the defense. Dr. Vincent Di Maio, a renowned forensic psychologist, was called to testify by the prosecutor, but claimed that Martin was on top of Zimmerman immediately prior to the fatal shot.

Florida state law permits an individual to defend himself or herself by use of deadly force if there is a likelihood of death or great bodily injury at the hands of another person. The extensive physical injuries suffered by Mr. Zimmerman at the hands of Mr. Martin prior to the fatal gunshot are undeniable.

Evidence was introduced to show that the voice pleading for help on the 911 call was that of Mr. Zimmerman, and not of Mr. Martin. In fact, Mr. Martin’s own father claimed that the voice heard on the 911 call was not that of his son. So, whose voice was it then?

I have had the opportunity to listen to several expert commentators answer questions about what is likely to happen at the end of the trial. Many of these experts are former prosecutors, law professors, and criminal defense attorneys. The general consensus among these individuals is that the prosecutor has presented a terrible case.

Why has this happened? Why is the prosecutor’s case so weak? The answer is simple. The facts do not support in any way, shape, or form support any outcome other than a not guilty verdict.

There will be an outpouring of anger primarily from the African-American community when the six female jurors deciding Mr. Zimmerman’s fate read the not guilty verdict. There will be allegations that justice has not been served. Similar to past cases involving racial tension, many people fear that an acquittal will lead to widespread civil unrest.
Any “blood” resulting from an acquittal will lie squarely on the hands of the Florida prosecutors who ignored the facts and advice of many law enforcement agents to not charge Mr. Zimmerman.

No one will know for certain what happened the night Mr. Zimmerman shot Mr. Martin. We do know that there is no evidence presented at trial that could ever result in a murder conviction for Mr. Zimmerman. I pray for peace following the not guilty verdict. I also pray that future prosecutorial decisions are based upon fact, and not a particular social or political agenda.
I welcome your comments.


The criminal defense attorneys at Wallin & Klarich have over 30 years of experience successfully defending clients accused of murder. Below is the commentary of Paul J. Wallin, Senior Partner, regarding the George Zimmerman murder trial. If you would like to contact our law firm, please call us at (888) 280-6839.

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