DON’T LET THE PROSECUTION WITHHOLD EVIDENCE IN YOUR CASE
Prosecutors Finally Turn Over Original Color Photo of Defendant in Trayvon Martin Murder Case
The attorney for George Zimmerman said he is “frustrated” that prosecutors withheld a color photo of the Florida gunman that could bolster his case that Zimmerman was being beaten when he shot Trayvon Martin.
The graphic photo of Zimmerman, taken the night of his fateful confrontation with Florida teen Trayvon Martin, shows the alleged murderer with a bloody face. Zimmerman’s legal team released the photo, which was taken by police, after prosecutors substituted it in for a black and white photocopy that had been submitted earlier.
The black and white photocopy completely concealed the graphic and exculpatory evidence contained in the original color photo. The color photo showed, in graphic detail, the injuries to George Zimmerman’s face that were inflicted in his battle with Trayvon Martin.
“I get frustrated when certain evidence gets out and other evidence is withheld,” said Mark O’Mara, attorney for Zimmerman. “The photo is not a game-changer, but it is significant.
Florida rules governing discovery require that original photos be submitted, but O’Mara says that the discovery phase has been rife with “issues”. “It just seems like it’s been pulling teeth for discovery in this case,” he said. “This case is the opposite of any I have normally taken. Usually, discovery is dumped on your desk, because it’s normally good for [the prosecution]. They usually try to shove it down your throat.”
Zimmerman has maintained that he was following Martin as a part of his duties with the Neighborhood Watch Program. After he backed off his pursuit of Martin, Zimmerman says Martin attacked him, punching him in the face and slamming his head on to the sidewalk. It was then that Zimmerman says he pulled out his legally concealed handgun and shot Martin. The photos of injuries to Zimmerman are critical to the claim of self defense.
Since the US Supreme Court case of Brady v. Maryland, prosecutors are obligated by law to turn over all exculpatory evidence to the defense. The failure to do so can be met with severe sanctions including dismissal of the case.
If you are being prosecuted and have a claim of self-defense, call the skilled Southern California Criminal Defense Lawyers at Wallin & Klarich. Wallin & Klarich has been helping people for over thirty years who find themselves accused of murder and other violent crimes. Feel free to call us 24/7 at 888-749-0034 or visit our website www.wklaw.com. We will be there when you call