Liza's I would agree that he didn't answer that question, certainly not to my satisfaction. I was referring to style more than substance, although I think he did well with substance under the circumstances.
O'Mara is basically arguing that Zimmerman's following Martin was not unlawful, that Martin placed Zimmerman in reasonable belief of grave bodily harm (I disagree with this, but I think O'Mara argued the point well, and, I fear, effectively, in comparison to the prosecution's argument), that it is reasonable that Zimmerman is telling the truth and that his head was gut against the concrete (again, I have fairly conclusive doubts about this, but O'Mara handled it as well as he could have it seemed to me, made the case as effectively as he could that Zimmerman's version of the facts is worthy of belief).
There are so many issues here which go beyond the legal framework of this case under Florida law. Among them is that one reason Trayvon Martin did not have to die - even giving the defense the best possible view of the evidence (for the sake of the argument) - is because if Florida didn't allow someone like George Zimmerman to carry a concealed weapon, this would have been a fight which did not end in homicide. Unfortunately, this homicide happened in Florida, Zimmerman was allowed to carry that gun, and Trayvon Martin tragically died.
Accordingly, O'Mara didn't have to deal with that countervailing moral and justice issue, other than to do what he did - reaffirm to the jury that Zimmerman had the right to carry that weapon and in addition to follow Trayvon Martin with that gun on him. All of which truly sucks. But it happens to be the law governing this case.
All in all, Nelson seems to have run a good ship - but the defense was clearly right in taking her to ask for asking Zimmerman whether he was going to testify long before all the defense evidence was in and for not even allowing them to make a full record. Nelson had every right to put Zimmerman's decision not to testify on the record, and I would think to even allocute him on the record on that decision to make clear it was voluntarily made - but not at that particular moment, which was, rightly, the defense's exception to what she was doing.
Updated On: 7/12/13 at 12:33 PM