The Commercial Appeal

Judge’s ruling hurts defense

Jury may weigh less serious charge

- By Kyle Hightower and Mike Schneider

SANFORD, Fla. — The jury at George Zimmerman’s seconddegr­ee murder trial was given the option Thursday of convicting him on the lesser charge of manslaught­er in the fatal shooting of 17-year-old Trayvon Martin, drawing a loud protest from Zimmerman’s defense.

Judge Debra Nelson’s ruling was a setback for Zimmerman because it gives jurors another, less serious, charge to consider. Legal experts agree that will make it easier for the jurors to convict Zimmerman if they cannot decide whether the fatal encounter rose to the level of murder.

Zimmerman attorney Don

West argued for an allor-nothing strategy, saying the only charge that should be put before the jury is second- degree murder.

“The state has charged him with second-degree murder. They should be required to prove it,” West said. “If they had wanted to charge him with manslaught­er ... they could do that.”

To win a second- degree murder conviction, prosecutor­s must prove Zimmerman showed ill will, hatred or spite. The defense says prosecutor­s have failed to meet that test.

To get a manslaught­er conviction, prosecutor­s must show only that Zimmerman killed without lawful justificat­ion, a much lower standard.

David Hill, an Orlando defense attorney with no connection to the case, said West had good reason to protest the ruling.

“From the jury’s point of view, if they don’t like the second-degree murder — and I can see why they don’t like it — he doesn’t want to give them any options to convict on lesser charges,” Hill said of the defense attorney.

Because of the way Florida law imposes longer sentences for crimes committed with a gun, manslaught­er could end up carrying a penalty as heavy as the one for second-degree murder: life in prison.

It is standard for prosecutor­s in Florida murder cases to ask that the jury be allowed to consider lesser charges that were not actually brought against the defendant.

And it is not unusual for judges to grant such requests.

Prosecutor Richard Mantei also asked that the jury be allowed to consider third- degree murder, on the premise that Zimmerman committed child abuse when he shot the underage Martin.

Zimmerman’s lawyer called that “bizarre” and “outrageous,” and the judge sided with the defense.

Zimmerman, 29, got into a scuffle with Martin after spotting the teen while driving through his gated townhouse complex on a rainy night in Febru- ary 2012. Zimmerman, who was a neighborho­od watch captain, has said he fired in self-defense after Martin sucker-punched him and began slamming his head into the pavement.

Prosecutor­s have disputed his account and portrayed him as the aggressor.

In the prosecutio­n’s closing argument Thursday, Bernie de la Rionda portrayed Zimmerman as an aspiring police officer who assumed Martin was up to no good and took the law into his own hands.

“A teenager is dead. He is dead through no fault of his own,” de la Rionda told the jurors.

“He is dead because a man made assumption­s. ... Unfortunat­ely because his assumption­s were wrong, Trayvon Benjamin Martin no longer walks this Earth.”

“He assumed Trayvon Martin was a criminal,” de la Rionda said. “That is why we are here.”

Defense attorney West will make his closing argument Friday.

Afterward, the six female jurors who are hearing the case could begin deliberati­ng.

 ??                                                                                                    ?? Assistant state attorney Bernie de la Rionda shows a picture of a bloodied George Zimmerman to the jury while presenting the state’s closing arguments Thursday against Zimmerman during his trial in Sanford, Fla. On Friday, the defense will make its...
Assistant state attorney Bernie de la Rionda shows a picture of a bloodied George Zimmerman to the jury while presenting the state’s closing arguments Thursday against Zimmerman during his trial in Sanford, Fla. On Friday, the defense will make its...

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