Trayvon Martin Case

[JoeRedskin]

Wow. Marvelling at the prosecution's fumbling attempts to discredit certain statements.

Defense has recalled two of the detectives who interviewed Trayvon's father, Tracy Martin. Apparentlly, when Martin heard the tapes with the screaming while being interviewed by the Detectives, Tracy gave some indication that it wasn't Trayvon. The defense is attempting to get Tracy's hearsay statements into evidence (obviously, they aren't going to call Tracy as a defense witness - no way he admits that is what was he meant (see prosecutor's final questions below)).

First detective is not allowed to say what Tracy said and is dismissed.

Second detective (Serino) says, based on Tracy's response when he interviewed Tracy and played the tape, Serino was believed that Tracy didn't think the screaming was Trayvon. Serino's statement:
[Serino] describes Tracy Martin's response: "I let him listen first before I asked anything. I believe my words were, ‘Is that your son’s voice in the background’ or I think I said it a little differently than that," said Serino. He describes Tracy Martin's response: "It was more of a verbal and non-verbal. He looked away and under his breath, as I interpreted it, said, ‘No.’"

I think, but am not sure, the hearsay statement was allowed because the judge considered it a statement of "present sense impression" by Martin that affected Serino's continuing investigation rather than a simple statement such as was probably made to the first detective. I don't think it should have come in, but I can see many a judge ruling in the same fashion.

It's bad evidence for prosecutor. Rather than rolling with it and moving on, prosecutor really highlights Tracy's denial:

"You stated it was under his breath," said de la Rionda.

"Yes, sir," said Serino.

"You interpreted it as he said, 'No,'" said de la Rionda.

"Yes sir," said Serino.

"You didn't flat out hear the word 'no' unequivocally?" asked de la Rionda.

"I heard it and saw the movement of his mouth," said Serino.

"Your opinion is he said, 'No,'" said de la Rionda.

"Yes sir," said Serino.

Serino agrees with de la Rionda that saying, "No," could be seen as denial when being told or hearing that a loved one is dead. De la Rionda has concluded his cross-examination.

Zimmerman’s friends on 911 call: 'It's George' | HLNtv.com

I mean, you (1) reemphasized the bad evidence and (2) let the detective give an even stronger statement that Tracy denied it was Trayvon's voice. Sure, you get the tag at the end "well, he may have been saying blah blah", but the jury has now heard Serino TWICE testify that Trayvon's own father said it wasn't Trayvon on the tapes.

Leave it, move on. It's a losing point regardless. No one knows who was screaming on the tape with any degree of certainty and Tracy CLEARLY did not say it WAS Trayvon or you would have called him prosecution.

Point Zimmerman.