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发帖数: 29846 | 1 Zimmerman Trial Day 6 – Analysis & Video – State’s witness Chris Serino
seriously undermines charge
Posted by Andrew Branca Monday, July 1, 2013 at 7:13pm
If you didn’t listen to the live streaming of the Zimmerman case, you
missed the most astonishing cross-examination of a trial that has been hip-
deep in astonishing cross-examinations. (Fortunately for you, we provide the
video, below, if you need to catch up–it’s worth it.)
Chris Serino, Investigator, Sanford PD, Cross-Examination by O’Mara
On the stand was Chris Serino, who was the lead investigator for the Sanford
Police Department on the Trayyvon Martin shooting. Defense counsel Mark O’
Mara led cross-examination with his usual consummate skill, obtaining
responses from this witness–remember, the State’s witness–that all but
completely guts the State’s charge in this case.
Among the key revelations so far:
Zimmerman was always completely cooperative, open, and straightforward with
all the police investigators over many weeks of multiple interviews, both in
person at the police station and phone. The sense given is that Zimmerman
demonstrated endless patience.
O’Mara noted that Serino was leading an investigative team, gathering and
sharing evidence ,that included all levels of the Sanford Police Department
up to the Chief, and even members of the 18 Circuit State Prosector’s
office. Asked if there was ANYTHING that Zimmerman had said that
contradicted the wealth of evidence possessed by Serino, the Investigator
answered, “No, sir.” No physical evidence, no witness evidence, no officer
statements, nothing? “No, sir.”
Zimmerman Trial: MOM: "Not physical envidence, witnesses, officers, not
one fact anywhere?" Serino: "No, sir, not that I found."
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
In fact, noted O’Mara, the evidence Serino had all fit into a self-defense
theory, and Serino agreed that it did, and that his information supported
self-defense. Serino would note this in the normal course of an
investigation because in addition to investigating crime it was also his
charge to investigate defenses, including self-defense.
Zimmerman Trial: MOM: "Evidence you had all fit into self-defense theory
, right?" Serino: "Yes." http://t.co/NcBW4U2XU0
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
Serino offered to help Zimmerman obtain help, including psychological help,
for the nighmares and anxiety that he cautioned often followed a event as
traumatic as having to take a human life in self-defense.
Zimmerman Trial: MOM: "You told Z you would help him with anxiety,
nightmares likely to follow shooting?" Serino: "Yes"
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
He noted that, “In this particular case, Zimmerman could have been a victim
, too.”
#Zimmerman Trial: WOW! Serino: "In this particular case, Zimmerman could
have been a victim, too." http://t.co/NcBW4U2XU0
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
O’Mara asked if Serino was familiar with such symptoms from having observed
them in fellow officers who had had to kill in self-defense, and the
question brought a quick, if tardy, objection from State prosecutor Bernie
de la Rionda.
Zimmerman Trial: MOM: "You were familiar with that because of fellow
officers who had had to shoot someone?" BDLR: Objection Score!
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
O’Mara also asked about Zimmerman’s affect at the time of the incident.
Serino agreed that Zimmerman had presented a “flat” affect but put it down
to trauma. When asked if Serino has perceived Zimmerman to seem uncaring or
cavalier for having had to shoot someone beating him up, Serino’s response
was beaten out by a quick BDLR objection.
Zimmerman Trial: MOM: "Did it seem uncaring that he was beaten up and
had to shoot someone because of it?" Bam. http://t.co/NcBW4U2XU0
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
When asked by O’Mara about the severity of Zimmerman’s injuries, the
Investigator replied that they did not seem to him, a career police officer
who has seen far worse, as life threatening, but that one also had to take
into account the mental trauma of the event of having survived a life-and-
death situation. O’Mara noted, however, that in fact the extent of injuries
don’t matter for purposes of self-defense, and Serino agreed. “In fact,”
observed O’Mara,” we don’t need to see life-threatening injuires, not
any injuries, dow we?” “No, sir,” answered Serino.
#Zimmerman Trial: MOM: "In fact, we don't need to see life-threatening
injuries, not any injuries, do we?" "No, sir."
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
Serino noted that in this particular case he was under quite a lot of
external pressure to move the case forward.
#Zimmerman Trial: MOM" You were also under quite a lot of external
pressure to move case forward, right?" Serino: "Yes, I was."
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
There were also external concerns about racial profiling that he was
required to get clarified.
#Zimmerman Trial:Serino: "There were external concerns about racial
profiling and I needed to get that clarified."http://t.co/NcBW4U2XU0
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
Serino agreed that at no time had Zimmerman ever expressed, ill-will, hatred
, or spite toward Martin, and indeed had seemed shocked when informed that
Martin had died, exclaiming, “He’s dead?”
Zimmerman Trial: MOM: "You told Z you would help him with anxiety,
nightmares likely to follow shooting?" Serino: "Yes"
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
In seeking this clarification Serino observed no evidence whatever of any
anger or disdain by Zimmerman towards Martin. When asked by Serino if
Zimmerman would have acted in the same manner if Martin had been white,
Zimmerman said he would have. When asked by O’Mara if Serino believed him,
Serino answered, “Yes.”
For a more comprehensive sense of just how much pressure was under, see:
Zimmerman Trial: Evidentiary Flashback: Investigator Serino Tells FBI He Was
Pressured to Bring Charges
At one point Serino was pressured to initiate a “challenge meeting” with
Zimmerman, in which he would try to goad Zimmerman to making substantive
changes to his testimony or to admit to a substantive omission from his
prior testimony. The purpose of the “challenge meeting,” it was explained,
is to try to break the suspects story and get to the truth. Indeed, the
investigator might even pretend that some piece of incriminating evidence
existed, or otherwise exaggerate evidence contrary to the suspect’s
narrative, to try to find a chink in the suspect’s story.
#Zimmerman Trial: MOM: "Will either find a chink in story, or find he's
telling the truth." Serino: "Yes, sir" http://t.co/NcBW4U2XU0
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
The trouble, Serino recounted, is that he couldn’t really do an effective
“challenge meeting” for the simple reason that “I just didn’t have much
to challenge him WITH.” In this case, O’Mara asked, you didn’t have much
to hit him with? “No sir,” answered Serino, “I did not.”
#Zimmerman Trial: MOM: "In this case you didn't have much to hit him
with, right?" Serino: "No sir, I did not." http://t.co/NcBW4U2XU0
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
Nevertheless, the “challenge meeting” was held. In the absence of any real
contrary evidence with which to challenge Serino, the Investigator
pretended to have some ready to spring. They had discovered, he said, video
footage of the events that evening. “And what did Zimmerman say when you
told him that?” “He said, Thank God,” Serino answered.
#Zimmerman Trial: MOM: "You lied, right, told Zim you found camera
footage of that night, what did Zim say?" Serino: "He said, Thank God."
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
The last O’Mara question of the day, the last words the jury heard to take
with them into the evening recess, could only be characterized as
catastrophic for the State’s theory of the case. Looking directly at the
man who had been the chief investigator on the case, who had possessed
access to ever bit of evidence of any sort, who had interviewed, and re-
interviewed, and re-re-interviewed–applying increasing from each interview
to the next–O’Mara asked him:
“Do YOU think George Zimmerman was telling you the truth?”
Serino succinct answer: “Yes.”
#Zimmerman Trial: MOM: "Do you think George Zimmerman was telling the
truth?" Serino: "Yes." BAM http://t.co/NcBW4U2XU0
— Andrew Branca, LOSD (@LawSelfDefense) July 1, 2013
That ended today’s court session, but not Mark O’Mara’s cross-examination
of Chris Serino, which will continue tomorrow morning at 9AM. Join again
then for another day of all-day live video coverage of the trial, a rolling
Tweeter feed of selected contributors, and both mid-day and end-of-day
analysis and video of the day’s testimony.
–Andrew |
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