After George Zimmerman took the stand during his bond hearing and told Trayvon Martin's parents that he was sorry for the loss of their son, a Florida judge Friday set Zimmerman's bond at $150,000.
The judge set a number of conditions, including GPS monitoring. The judge said Zimmerman wouldn't have the opportunity to be released Friday, because his attorney and state authorities needed to hammer out the monitoring and other logistics.
Friday's bond hearing also included testimony from one of the state's main investigators in the case, with Zimmerman attorney Mark O'Mara challenging the state's assertions. Under questioning, the investigator said the state didn't have evidence to contradict Zimmerman's account that Martin started the fight that led to the shooting, but he did say evidence did call into question other parts of Zimmerman's account.
Zimmerman, 28, was charged on April 11 with second-degree murder in the February death of 17-year-old Trayvon Martin, after the case sparked a heated, national debate over racial profiling and saw thousands of protesters demand Zimmerman's arrest. Martin's family contends Zimmerman racially profiled their son, who was black, and was walking back from a convenience store in Sanford, Florida.
Zimmerman, a neighborhood watch volunteer who is Hispanic, maintains he acted in self-defense. His family says he did not profile Martin. (Timeline of case)
The following is a running account of the bond hearing:
[Updated at 12:14 p.m. ET] The state's attorney in today's bond hearing, reacting to reporters' questions about O'Mara's assault on the prosecution's case, said that not all evidence has been publicly revealed.
"We did not put our entire case on today. Let's leave it at that," he told reporters outside the courthouse.
[Updated at 11:55 a.m. ET] Mark NeJame, an Orlando lawyer and CNN legal analyst, said O'Mara's move to put Zimmerman on the stand during the bond hearing "was a calculated risk to humanize George Zimmerman."
"We've heard a lot of negative things for weeks now, and we've now heard a living breathing person" make an apology, NeJame said.
[Updated at 11:15 a.m. ET] The hearing is over. Zimmerman stood up and shook hands with his attorney, Mark O'Mara, before sitting down again to wait to be taken from the courtroom.
[Updated at 11:10 a.m. ET] The judge has set a bond of $150,000, with conditions.
The conditions include:
- GPS monitoring
- Zimmerman would have to contact authorities every three days
- No contact with the victim's family
- No possession of firearms
- No use of controlled substances, other than those prescribed by a physician.
As for O'Mara's request that Zimmerman be allowed to reside away from Florida, the judge said O'Mara and the state should get together and determine whether that can be accomplished.
Because O'Mara and the state need to meet about the arrangements for monitoring, Zimmerman will not have an opportunity to be freed today. the judge said.
[Updated at 11:07 a.m. ET] The state's attorney is now making a case against leniency when it comes to the bond decision, and has asked for no bond, or a bond of $1 million.
The state's attorney argued that Zimmerman is a danger to the public, citing not only the second-degree murder charge, but a previous charge of battery against a law enforcement officer, which was discussed at length earlier in the hearing.
[Updated at 11:02 a.m. ET] The hearing is now turning back to the issue of bond. O'Mara is asking the judge for:
- $15,000 bond.
- The ability of Zimmerman to leave the state
- Secrecy over Zimmerman's whereabouts
O'Mara, speaking to Zimmerman's ability to pay bond, noted that Zimmerman cannot work in public because of the case's publicity, and that his wife is not working because she is in school.
[Updated at 10:58 a.m. ET] The prosecuting attorney is now questioning Zimmerman. He asked whether Zimmerman had ever said he was sorry when he spoke to police. Zimmerman responded that he had told one of the investigators that "I felt sorry for the family."
The prosecutor told Zimmerman that if that's true, it must have been recorded. He asked Zimmerman if he was sure, and Zimmerman said he was "fairly certain."
[Updated at 10:55 a.m. ET] "I wanted to say I am sorry for the loss of your son," Zimmerman said on the stand, apparently addressing Martin's parents, who are in the room. (Watch video of apology)
Zimmerman also said he thought Martin was older, and that he "didn't know if (Martin) was armed or not."
[Updated at 10:54 a.m. ET] Zimmerman is about the address the court. His attorney has called him to the stand.
[Updated at 10:53 a.m. ET] The prosecuting attorney, after saying "I didn't know we were going to be trying the case today," is back to ask questions of state attorney's investigator Dale Gilbreath, after O'Mara asked questions challenging the state's assertions.
The prosecutor asked Gilbreath whether there was any evidence indicating that Zimmerman's account that Martin bashed his head against a sidewalk wasn't true. Gilbreath said yes.
[Updated at 10:47 a.m. ET] O'Mara is back to questioning state attorney's investigator Dale Gilbreath, one of the investigators in the case.
O'Mara asked whether Gilbreath knows who started the fight between Zimmerman and Martin, or had any evidence as to who started the fight. Gilbreath said no.
O'Mara asked whether Gilbreath had any evidence contradicting Zimmerman's statement to Sanford police on the night of the incident that Zimmerman: 1) turned toward his car after losing sight of Martin; and 2) that Martin started the fight that led to the shooting. Gilbreath said no.
[Updated at 10:36 a.m. ET] A prosecuting attorney is now questioning state attorney's investigator Dale Gilbreath, after Zimmerman's attorney took issue with wording in a probable cause affidavit that Gilbreath had signed. Gilbreath is one of the investigators in the Martin shooting case.
Like O'Mara, the prosecuting attorney is asking Gilbreath about the affidavit, and about evidence that Gilbreath collected. The general thrust of the questioning is designed to bolster the affidavit's credibility, after O'Mara questioned word choices in the affidavit.
Gilbreath testified he has reviewed other evidence documents other than what has been discussed in the hearing. The prosecutor asked Gilbreath whether Martin had a right to be in the neighborhood - Gilbreath said yes. Gilbreath also was asked if there was no evidence that Martin was committing any crime, and again Gilbreath said yes.
[Updated at 10:28 a.m. ET] O'Mara still is questioning state attorney's investigator Dale Gilbreath about the way that the probable cause affidavit - which supported the second-degree murder charge - was written.
O'Mara is now taking issue with a line that says Zimmerman "disregarded" a police dispatcher. On the tape that has been released to the public, Zimmerman indicated that he was following Martin, and the dispatcher said that authorities didn't need Zimmerman to do that.
O'Mara, through his questioning of Gilbreath, is basically suggesting that "disregarded" was the wrong word, because Zimmerman did not hang up with the dispatcher, and therefore did not disregard him.
O'Mara also is taking issue with the affidavit saying that Zimmerman "confronted" Martin. O'Mara is contending that Gilbreath has offered no evidence that Zimmerman confronted Martin, and that other, less antagonistic words, should have been used since Gilbreath had no evidence that Zimmerman confronted him. Such words, O'Mara said, would be "came up to," or "spoke with."
[Updated at 10:19 a.m. ET] O'Mara, while questioning state attorney's investigator Dale Gilbreath, is now taking issue with other language choices in the probable cause affidavit.
O'Mara has noted that the only two quotes in the affidavit from Zimmerman - taken from a police call that Zimmerman made to notify police that he had seen a suspicious person - are of Zimmerman using expletives. O'Mara asked why - out of everything Zimmerman said - only those two quotes were included in the affidavit.
Gilbreath responded that he didn't type the affidavit. O'Mara pointed out that Gilbreath swore to it, and Gilbreath agreed that he had.
[Updated at 10:14 a.m. ET] O'Mara, while questioning state attorney's investigator Dale Gilbreath, has taken issue with the word "profiled" in the probable cause affidavit supporting the second-degree murder charge.
The affidavit, which Gilbreath had signed, says that Zimmerman profiled Martin. O'Mara asked why the affidavit says profiled, rather than "noticed" or "saw." Gilbreath said he couldn't remember who wrote the word, saying it was a collaborative document.
[Updated at 10:09 a.m. ET] O'Mara has called Dale Gilbreath, an investigator with the state attorney's office, to the stand. Gilbreath is one of the investigators in the Martin shooting case.
Gilbreath has indicated that he didn't expect to testify today.
[Updated at 10:05 a.m. ET] O'Mara asked Zimmerman's mother whether she has come to know her son as someone who comes to the defense of people. She said yes.
She said he has stood up for children and homeless people in and around his community. She also testified that he had been a mentor for two African American children.
[Updated at 10:04 a.m. ET] O'Mara asked Zimmerman's mother about Zimmerman's previous charge of battery against a law enforcement officer. She said that Zimmerman was involved in an altercation with a plainclothes ATF agent because he was coming to the defense of a friend, who was being roughed up. The officer didn't identify himself as a law enforcement officer, she said.
[Updated at 10:02 a.m. ET] Zimmerman's mother, like his father and wife earlier this morning, said that if Zimmerman is released on bond, his location and the places where he would be allowed to go should be kept secret, because he and the family have received threats.
[Updated at 9:53 a.m. ET] O'Mara has now called Zimmerman's mother to the phone.
[Updated at 9:51 a.m. ET] Now being questioned by O'Mara, Zimmerman's father testified about Zimmerman's appearance after the February 26 shooting. The father said Zimmerman's face was swollen "quite a bit," had a protective cover over his nose, and had two vertical gashes on the back of his head.
According to an Orlando Sentinel story later confirmed by Sanford police, Zimmerman told authorities that after he called 911 about a suspicious person (later identified as Martin), and after he briefly lost track of Martin, the teen approached him. After the two exchange words, Zimmerman said, he reached for his cell phone, and then Martin punched him in the nose. Zimmerman said Martin pinned him to the ground and began slamming his head into the sidewalk.
[Updated at 9:47 a.m. ET] The prosecution is asking Zimmerman's father about Zimmerman's previous charge of battery against a law enforcement officer, basically having the father acknowledge that he knows Zimmerman faced that charge. Like the exchange that the prosecution had with Zimmerman's wife a few minutes ago, they went over the fact that Zimmerman took anger management classes as a result of that charge, which was reduced from a felony to a misdemeanor.
[Updated at 9:41 a.m. ET] O'Mara is asking Zimmerman's father about his financial ability to help post bond. The father, who said he was retired, said he and his wife have some savings, but very little. He said he had a mortgaged home, and that he was willing to secure the home as part of a bond arrangement.
[Updated at 9:39 a.m. ET] O'Mara is now questioning Zimmerman's father, Robert Zimmerman Sr., who, like Zimmerman's wife, is testifying by phone. A notary public has sworn Robert Zimmerman in.
[Updated at 9:36 a.m. ET] O'Mara questioned Zimmerman's wife about the previous allegations against Zimmerman - including a charge of battery on a law enforcement officer and an altercation with a woman - that the prosecuting attorney brought up. Through questioning, Zimmerman's wife testified that the battery charge was reduced to a misdemeanor through a pretrial diversion program in which he took anger management classes, and that she believes he completed those classes. She also testified that in the altercation with the woman, Zimmerman was not arrested, and that the woman attacked Zimmerman and drew blood, and that as a result, Zimmerman got an injunction against that woman.
[Updated at 9:30 a.m. ET] The prosecuting attorney summed up the previous allegations - including the charge of battery on a law enforcement officer - and then asked Zimmerman's wife whether she still believes Zimmerman isn't a danger to the community. "Absolutely he is not a violent person,” nor is he a threat to the community, she responded.
[Updated at 9:24 a.m. ET] The prosecution is now questioning Zimmerman's wife about her assertion that Zimmerman poses no danger to the community. The prosecuting attorney is pointing out that Zimmerman is charged with second-degree murder, and that Zimmerman is accused of a violent act.
The prosecuting attorney also is asking Zimmerman's wife about his previous brushes with the law, including a charge of battery of a law enforcement officer. He also brought up a woman's previous allegations that the woman and Zimmerman were in an altercation - Zimmerman's wife answered that she is aware that Zimmerman needed to defend himself from an attack by the woman, that the woman drew blood, and that Zimmerman filed for a protective order because of the incident. The prosecutor is asking her whether she is aware of those charges and allegations in the past, and she said she is.
[Updated at 9:20 a.m. ET] Zimmerman's wife said she fears for Zimmeran's safety and the safety of their family, and that is part of the reason why she is testifying by phone.
Asked if she believes Zimmerman is a danger to society, she said no. She said she has "no concerns whatsoever" about him.
[Updated at 9:18 a.m. ET] O'Mara is asking Zimmerman's wife about the family's financial ability to post bond. O'Mara is saying that Zimmerman is indigent; Zimmerman's wife said that she has talked to other family members about scraping up everything they could in anticipation of posting bond.
[Updated at 9:15 a.m. ET] With Zimmerman's wife on speakerphone, O'Mara has begun asking her questions. Asked if she would do everything in her power to ensure that Zimmerman - should he be granted bail - return to court when he is required to do so, she said yes. And she said she would contact the court if she lost contact with him.
[Updated at 9:11 a.m. ET] The court has called Zimmerman's wife on the phone. A notary public is with Mrs. Zimmerman and is swearing her in.
[Updated at 9:08 a.m. ET] Lester has begun the proceeding. After the attorneys identified themselves to the judge, O'Mara kicked off the bond request and told the judge that witnesses are available by phone. The court is calling those witnesses now. As we noted earlier, Zimmerman's family has offered to give testimony by phone.
[Updated at 9:04 a.m. ET] Zimmerman, wearing a dark gray suit, white shirt and light gray tie, has entered the courtroom and has seated himself next to O'Mara.
[Updated at 9:00 a.m. ET] Martin's parents are, indeed, in the courtroom, and they've taken their seats. O'Mara, Zimmerman's attorney, also is standing the courtroom, waiting for the proceeding to begin.
[Updated at 8:59 a.m. ET] Check out this piece on why evidence in the case may come up in the bond hearing. The prosecutor, Corey, has the burden of showing why bond should not be set or that it should be high. The burden is referred to as "proof of guilt is evident or presumption of guilt is great." Corey would have to convince Lester that a jury would convict Zimmerman.
[Updated at 8:55 a.m. ET] The bond hearing is expected to begin in minutes. Martin's parents are expected to be at the hearing, and this would be the first time that they and Zimmerman are in the same room, CNN's Martin Savidge tells us from the site.
O'Mara filed a motion that asks the court to allow Zimmerman's family members to provide testimony at the bond hearing by telephone. The state attorney's office did not object.
@ Kristen: Zimmerman had life threatening injuries? LOL. Yeah, that's why he was simply cleaned up by the paramedics and not transported to the hospital for those life threatening injuries. They used butterfly bandages on his head. Exaggerate much, or just in the habit of not thinking things all the way through?
@ realtalker1: So.....you are privy to all the evidence the prosecution has? If not, your comment is nothing but ignorance.
@ Dodd, T. LOL. I know Skittles scare the heck out of me!
Why are they trying the case during a bond hearing???? THIS MAKES NO SENSE
Trayvone didnt beat him good enough for you huh?
I am trully disgusted with CNN's coverage of this entire thing. They have done everything in their powers to create this story. They are more deviant than they portray George Zimmerman as being
Ok the law in this country allows gun priviledges. Nothing we can do about that. Why do people usually carry guns? To protect themselves if necessary especially in high crime neighborhoods like this was the case. Did he make an error in judgement to think this kid was doing something illegal? Duh obviously. Did he walk up to him and just shoot him point blank dead? No. They had a scuffle. So based on so many of these ignorant riduclous comments, your saying that if a person has a gun on them and gets into a fight with someone where they end up getting their head smashed into the pavement multiple times, your saying that it isn't self defense to shoot? People he didn't just walk up to him and shoot him or beat the crap out of him and then shoot him. It's called self defense. And thats a law you have in every state. I have seen cases where it was alot more obvious that it was murder get off on self defense. He will walk.
No, he won't walk. The fact is, the scuffle occurred AFTER he was explicitly told not to follow Trayvon, and so he started the incident. From what you're saying, it's OK to start a fight and then pull out a gun and shoot someone if the fight's not going your way. If you don't a fight, you won't have to worry about getting your butt whooped. That is what the jury's going to decide; not if it was self-defense, but whether it's OK to claim self-defense when you start a fight and kill the other person to avoid getting the beat-down you deserve for initiating the confrontation.
How is it self defense when you are the agressor? <aybe he should have stayed in the car like the dispacher told him to. What would you do if some guy was stalking you because he thought you were up to no good then he approaches you with a gun. Also many states have a force against force law. In order to be justified using a deadly weapon the other person must use a deadly weapon.
Duh!!!!! You are the "Neighborhood Watch" not a vigilante posse. He brought a gun to a fist fight...plain and simple! My father always said that you don't branish guns unless you are going to shoot. They gave that idiotic his "wanna be COP" complex. He was going to shoot. His life was not in danger, he put it in danger. Afterall, he was afraid of the Skittles and tea. Stop making excuses for him. He created this drama for himself. BTW, if he was so fearful...move! His condominium complex did not look like the hood, he just didn't like the look of Trayvon.
LeahC26 its a right. 2nd ammendment.there is something you can do vote republican for no gun control
TURN THE OTHER CHEEK? Ask for bond because it's his right under the system, but don' make ridiculous statements in the process!
I keep reading how people are saying that GZ didn't profile this kid.
I only have to ask one question. If this were a teenaged white girl wearing the same clothes, with her skittles and iced tea (that he didn't recognize from the neighbourhood), would he have even called 911???
I'm willing to bet that answer is a no. If that's the case, he definitely profiled TM.
For people to suggest otherwise is ludicrous.
It's not like he observed TM peeping in the windows of the homes along his journey from the convenience store. He was simply walking back to his Dad's girlfriend's house. No evidence put forward says anything different.
So whether it was self-defense is an entirely different discussion.
But he DEFINITELY profiled this kid.
I am profiling you and that is why I am so supportive of the second amendment. Protection against people like you.
That's a silly comparison. This kid wasn't white he was black. And he wasn't a female, he was male. Now if you want to make comparisons to a white boy ok, but now your making it a gender thing? Obviously teenage boys are more prone to break the law then teenage girls. Boys are often more adventurous and daring. Just how it is no matter what race you are. Obviously he wouldn't have gone up to him if he was a girl. More men are incarcerated in prison and on death row in this country and probably in every country then women.
Please define profiling as it relates to a private individual, what law is there involving a private person thinking anything about another person. Profiling stuff is bogus, bogus. Besides Trayvon zero, Zimmerman one.
Great point. I think Zimmerman provoked the whole situation.
He should have never been granted a gun permit after being charged with two felonies in 2005. Yes he plead down, however, due to his past altercations,.this man should have not been allowed to carry a weapon.
being charged with a felony is not the same as being indicted on a felony.
dave he had a baseball bat permit too he chose the lighter weapon c-mon dave with the permit.permit= money scheme anyway.florida has to go VERMONT
Release him, he did noting wrong but defend himself. Sounds like the remaking of the KKK but with everything in reverse.
Non-violent people don't carry handguns.
I am a pacifist, and I carry a handgun. It would be easy for someone who lives in a safe region to make that assumption.
Next time someone is trying to kill you call the cops.Might like to look up the average response time.They do not have the speed to save you as good as they are.They are excellent cleaning up the mess.Seems there a lot of people posting here have not been outside in many years in the real world.
JIMK BRODY. live ones do though
@ Michael. The bad decsion was getting out of his car and following a 17 year old kid that was doing nothing more than walking home. When he pulled the trigger, it moved beyond a "bad decision" and became a crime. Zimmerman's life is over? Oh, well. He's had 11 more years than he allowed Trayvon to have.
Tell me why when something happens to a black person by a person of another race, it's automatically racial hate crime, but if a black woman kills a white woman and steals her 3 day old white baby, that's not a hate crime. Where was Al Sharpton and Jesse Jackson and why didn't they condem this act of violence?
Not necessarily. There are millions of non-Blacks who also think that this nut acted with a bucket full of bigotry in his puny brain.
Now, if the black lady stole the white ladys baby and was planning on raising the baby as her own, as an adopted child...tell me, just how is that racially motivated in the sense of a hate crime? perhaps it was racially motivated b/c she wanted a white baby...but, no hate involved in that. nice try though.
This "Al & Jesse" comment may have been effective the first few thousand times it's been referenced, but by now, it's lost it impact. Be original.
@ Gene!!They didn't respond because the killer was willing to take a white baby. Color obviously didnot hamper her want for a child. She was looking beyond the color. Next time, try to compare apples to apples and not color. It would make an intelligent conparison.
Go back to the 60,s and read about Lyndon JOhnson and his capers and the Congress. When the government gives it makes friends and buys votes.
The black woman really thought she could pass a white baby off as her own to her black boyfriend, because she had told him she had given birth, wouldn't the baby have to be half black. I mean really!
It's irronic, that this act of violence will play out in the media for months and months, but if a white person dies, it's barely mentioned, and same goes for a white celebrity, if they die, it's a footnote in the news, but if a black celebrity dies, it's on the news for weeks.
SMHFarrar
Why did she need another child, she already had three children at home, my remark was she was willing to kill a white woman just to get a baby, would her black boyfriend not have been more likely to believe that she had given birth as she told him, if the child was black? Simple genetics are at play here, intellegent comparison, really, you are way off base. Think before you comment!
Throw away the key on this dude. However, it really does not matter. He will never survive in jail if that is where he goes and if he does walk – he better be watching behind his back at all times. Hopefully, someone will do exactly what he did to Trayvon and shoot his ass then claim it was self defense.
If this poor man is convicted of 2nd degree, it will be the biggest railroading since the Union Pacific was built. The more that comes out the more it looks like self defence. Besides Trayvon zero, Zimmerman one.
"If provoked, he would turn the other cheek."
Well that doesn't appear to be the case now, does it?
That picture should officially prove that he is not white so this mess is between a hispanic and a black so leave the white people out of it. White people get blamed for everything. It's gross.
Based on the look on his face, it does prove he is a psycho.
Those Skittles can be nasty weapons.
The fact that Trayvon had Skittles is irrelevant. A threat can be perceived no matter what someone is carrying.
Has everyone forgotten that Trayvon was in a gated community? One that he didnt live in. And has Zimmerman ever said "I shot him because he was black?" Everyone is making assumptions. Maybe this area was having a problem with breakins and he saw someone unfamiliar. Everyone has taken off with the racist side of it. Would it have even made it on CNN if the kid had been white? I'm reserving my judgement until I hear all the facts.
um, no, it wouldn't have. are you just figuring this out now?
zimmerman was defending himself and the only reason he was arrested is because the racist naacp got involved and stirred up the black community and was ready to riot if he wasn't arrested. that's why he was charged with 2nd degree murder, because they know they can't prove it but they had to do something to keep the black people from rioting and destroying their city.
He was staying in the gated community. And if Trayvon was white, I am pretty sure all of these Zman believers would be screaming for his head for killing a white boy for no cause.
Trayvon had a right to be in the gated community...you think that GZ knows all the residents of this large apartment style community by sight and also all the residents friends and family members, so that he would be able to tell that a child wearing a hoodie in the rain, did not belong in the gated community. Serioulsy?? We need to hear all the facts, that is the truth! This case has way to many unanswered questions...