The Atlanta Journal-Constitution

Witness seems to aid defense

Detective says Zimmerman’s story of fight is credible.

- By Kyle Hightower and Mike Schneider Associated Press

SANFORD, FLA. — A prosecutor in George Zimmerman’s murder trial on Tuesday tried to pick apart the statements of a Sanford police detective was a prosecutio­n witness but gave testimony that seemed to benefit the defense.

Prosecutor Bernie de la Rionda asked the judge to strike from the record a statement Detective Chris Serino made Monday in which he said he found credible Zimmerman’s account of how he got into a fight with Trayvon Martin.

Zimmerman has pleaded not guilty to seconddegr­ee murder in 17-yearold’s fatal shooting last year, arguing he acted in self-defense.

De la Rionda argued the statement was improper because one witness isn’t allowed to give an opinion on the credibilit­y of another witness. Defense attorney Mark O’Mara argued it was proper because it was Serino’s job to decide whether Zimmerman was telling the truth. Judge Debra Nelson told jurors to disregard the statement.

The prosecutor then questioned Serino about his opinion that Zimmerman didn’t display any ill will or spite to Martin. Prosecutor­s must prove there was ill will, spite or a depraved mind by the defendant to get a second-degree murder conviction.

The prosecutor played back Zimmerman’s call to police to report the teen wailing through his gated community. Zimmerman uses an expletive, refers to “punks” and then says, “These a———-. They always get away.”

The detective conceded that Zimmerman’s choice of words could be interprete­d as being spiteful.

The prosecutor also challenged Serino’s contention that Zimmerman’s story didn’t have any major inconsiste­ncies.

The prosecutor played back Zimmerman’s police interview and noted that investigat­ors were asking about small difference­s in the neighborho­od watch volunteer’s story. Zimmerman claimed he spread out the teen’s arms after the shooting. But a photo taken immediatel­y afterward shows Martin’s arms under his body.

“Is that inconsiste­nt with the defendant’s statement he spread the arms out?” de la Rionda asked.

“That position, yes it is,” Serino said, though he later noted that Zimmerman’s descriptio­n was consistent with the medical examiner’s report.

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