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United States News
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Title: Attorney: Zimmerman Back In Florida For Surrender
Source: Associated Press
URL Source: http://www.sfgate.com/cgi-bin/artic ... /06/01/national/a113855D00.DTL
Published: Jun 3, 2012
Author: Associated Press
Post Date: 2012-06-03 12:58:36 by Brian S
Keywords: None
Views: 2187
Comments: 15

(06-03) 06:07 PDT Sanford, Fla. (AP) --

George Zimmerman has returned to Florida and will turn himself in to authorities by Sunday's deadline after a judge revoked his bond in the Trayvon Martin case, an attorney said.

Attorney Mark O'Mara announced Zimmerman's return on his website Sunday, saying Zimmerman arrived late Sunday evening. Zimmerman, who is charged with second-degree murder in the fatal shooting of the 17-year-old Martin, was ordered by a judge Friday to return to jail.

The press release on the website said the deadline for his surrender is 2:30 p.m. Sunday.

The judge revoked Zimmerman's bond, suggesting he and his wife had not been honest about their finances. During a bond hearing in April, the couple had indicated they had limited funds. But prosecutors say Zimmerman had raised thousands through a website he had set up for his legal defense.

Zimmerman's legal team said Sunday that they will ask for a new bond hearing to address those concerns, and that they hope Zimmerman's voluntary surrender will show he is not a flight risk. Furthermore, the money Zimmerman has raised is in an independent trust and cannot be directly accessed by Zimmerman or his attorneys, according to the press release.

Zimmerman has pleaded not guilty to the second-degree murder charge. He maintains he shot Martin in self-defense under Florida's so-called "stand your ground" law because the teen, who was unarmed, was beating him up after confronting Zimmerman about following him in a gated community outside Orlando.

Zimmerman's credibility could become an issue at trial, legal experts said, noting the case hinges on jurors believing Zimmerman's account of what happened the night in February that Martin was killed.

Zimmerman wasn't charged in the case until more than a month after the shooting. Protests were held across the nation, and the case spurred debate about whether race was a factor in Zimmerman's actions and in the initial police handling of the case. Martin was black; Zimmerman's father is white and his mother is from Peru.

Police in Sanford did not immediately arrest Zimmerman, citing the Florida law that gives wide latitude to use deadly force rather than retreat in a fight if people believe they are in danger of being killed or seriously injured.

The questioning of Zimmerman's truthfulness by the judge on Friday could undermine the defendant's credibility if it is brought up at trial. It also may complicate how his defense presents him as a witness, said Orlando-area attorney Randy McClean, a former prosecutor.

"The other key witness, unfortunately, is deceased," McClean said. "Basically, Zimmerman is going to be asking the jury to believe his version of the facts. ... As the case stands now, his credibility is absolutely critical to the case."

Jail authorities in central Florida, where the case arose, said Zimmerman had not turned himself in there by early Sunday. He must do so by Sunday afternoon.

Zimmerman went into hiding in the weeks after the shooting and his exact whereabouts since he bonded out of jail remain unclear. It was not immediately clear exactly where Zimmerman would surrender.

Witness accounts of the rainy night that Martin was shot are spotty. There is no video of the fight, though photos released by prosecutors show Zimmerman with wounds to his face and the back of his head.

Zimmerman's credibility would be important if his attorney, Mark O'Mara, tries to get a judge without the jury to dismiss the charges based on the law, said Orlando defense attorney David Hill.

"If he was in on something that was not truthfully revealed to the judge, when there is a `stand your ground' hearing, of course you're going to second-guess him," Hill said.

Both McClean and Hill said O'Mara would be able to challenge the admissibility of the bond revocation at trial by questioning its relevance.

Zimmerman was arrested 44 days after the killing, and during a bond hearing in April, his wife, Shellie, testified that the couple had limited funds available. Zimmerman took the stand at the hearing and apologized to Martin's parents.

Prosecutors pointed out in their motion that Zimmerman had $135,000 available then. It had been raised from donations through a website he had set up. They suggested more has been collected since and deposited in a bank account.

Shellie Zimmerman was asked about the website at the hearing, but she said she didn't know how much money had been raised. Circuit Judge Kenneth Lester set bail at $150,000. The 28-year-old was freed a few days later after posting $15,000 in cash — which is typical.

Prosecutor Bernie De la Rionda complained Friday, "This court was led to believe they didn't have a single penny. It was misleading and I don't know what words to use other than it was a blatant lie." The judge agreed and ordered Zimmerman returned to jail by Sunday afternoon.

The defense countered that Zimmerman and his wife never used the money for anything, which indicated "there was no deceit."

The judge said he would schedule a hearing after Zimmerman is back in custody so he could explain himself.

Benjamin Crump, an attorney for Trayvon Martin's parents, Tracy Martin and Sybrina Fulton, said his clients have always said Zimmerman should remain in jail until trial.

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Begin Trace Mode for Comment # 8.

#1. To: Defense Team Says George Zimmerman In Police Custody In Fla. (#0) (Edited)

MIAMI — George Zimmerman, the neighborhood watch volunteer charged with murder in the killing of Trayvon Martin, surrendered to police Sunday and was booked into jail after having his bail revoked two days earlier.

Zimmerman’s legal team said in a tweet that he was in police custody. Zimmerman’s bail was revoked because the judge said he and his wife lied to the court about their finances so he could obtain a lower bond.

A Florida judge says the suspect in the killing of Trayvon Martin has 48 hours to turn himself in. The call for George Zimmerman to go back to jail comes after the judge learned that Zimmerman had more money than he originally admitted.

On Sunday afternoon, about 40 minutes before the 2:30 p.m. deadline to surrender, Zimmerman was listed as an inmate on the jail website. He was listed as being held without bail and having $500 in his jail account.

www.washingtonpost.com/na.../03/gJQAx4ygAV_story.html

Brian S  posted on  2012-06-03   14:10:03 ET  Reply   Untrace   Trace   Private Reply  


#2. To: Brian S (#1)

It's hard to imagine Zimmerman not making bail a second time over the PayPal account mix up Clarification over whether funds raised for a "legal defense" over the internet can be construed as income is needed. It almost seems like a catch-22 since it was well known he had the account set up just prior to his arrest and funds could have been pumped into the account at any point in time, including AFTER he made bail.

His attorney did the right thing disclosing and protecting the money and provided he gets released again, I think this PayPal mix-up could end up helping Zimmerman in the eyes of the public.

Thunderbird  posted on  2012-06-03   16:07:39 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Thunderbird (#2)

I think this PayPal mix-up could end up helping Zimmerman in the eyes of the public.

Yeah. It's a good thing Z's in jail.

Always look long term, TB....;}

mcgowanjm  posted on  2012-06-04   9:01:47 ET  Reply   Untrace   Trace   Private Reply  


#8. To: mcgowanjm (#6)

Yeah. It's a good thing Z's in jail.

Actually I said it *could* turn out to be a good thing..if his return to jail is a short one and if his attorney clarifies the PayPal account snafu to the judge's satisfaction at the new bail hearing.

Reading comprehension takes practice.

Thunderbird  posted on  2012-06-04   9:19:05 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 8.

#9. To: Thunderbird (#8)

.if his return to jail is a short one and if his attorney clarifies the PayPal account snafu to the judge's satisfaction at the new bail hearing.

Reading comprehension takes practice.

Sure does.

I comprehended *could* didn't have any asterisks before and now it does....;}

And Z won't be getting out again...

That Panama Passport thingy and all....

mcgowanjm  posted on  2012-06-04 09:54:15 ET  Reply   Untrace   Trace   Private Reply  


#11. To: Thunderbird (#8) (Edited)

Actually I said it *could* turn out to be a good thing..if his return to jail is a short one and if his attorney clarifies the PayPal account snafu to the judge's satisfaction at the new bail hearing.

The *snafu* being the loving couple caught in a jailhouse ocnversation talking about transferring the money into a personal account and then lying about having that money the next week in court...

Their lawyer appears to be extremely worried about this *snafu*...you can kiss an SYG defense good bye...the judge isn't going to believe a word out of ZmmBob's mouth from here on out...

war  posted on  2012-06-06 11:45:38 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 8.

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