Prosecution has evidence. How well it is presented will determine GZ's fate.
Correction. The State prosecutors have SOME evidence. Whether or not there is sufficient evidence will be the primary determiner of how well they fare.
But I predict that the truly big issue at this trial is likely to come down to a very imprecise legal definition. Did ANYTHING done by the defendant qualify him as a person who "initially provoked" the physical violence?
Even if Zimmerman did "provoke" Treyvon, how does that justify bashing his head against the ground and breaking his now? Unless Zimmerman physically attacked Treyvon, there is no legal justification for any violence on his part.
Case closed.
The law says that if Zimmerman's actions were "justified" then he is not guilty.
But whether or not his action was "justified" is the entire point of this case. He
admits the
conduct. He
denies the
criminal state of mind necessary for a conviction BECAUSE what he did was, he says, needed to defend himself.
Whether the jury can find his action "justified" turns on whether or not he is considered to be the one who "initially provoked" the physical confrontation. The law says you cannot rely on "justification" if you "initially provoked" the physical acts that followed. HOWEVER, the law does
not clearly DEFINE
what that term means.
The State (and the pro-Trayvon crowd) will be contending (I am assuming now) that the act of "following" Trayvon (
over some allegedly race-based racist "suspicion" no less!) was the behavior that DID (supposedly) "initially provoke" Trayvon's reaction.
Since the definition of "initially provoked" is so unclear and ill-defined or un-defined, there is a very real danger that the judge might allow this blather to go forward as the prosecution's "theory of the case."
Then, who knows what a jury might make of it all?
I believe that what the defense NEEDS is to get the judge to properly define "initially provoked" in a way that clearly advises the jury that the law contemplates the initiation of PHYSICAL contact.
I have no faith that this will happen, however. At best, this is a "wait and see" scenario.