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George Zimmerman to be released on bond – as it happened George Zimmerman to be released on bond – Friday 20 April
(2 days later)
12.27pm: We're going to wrap up our live blog coverage this morning of murder suspect George Zimmerman's bond hearing. Here's a summary of what happened: 9.30am: A bond hearing is currently underway at Seminole County Courthouse in Florida for George Zimmerman, accused of murdering Trayvon Martin. Here's what has happened so far:
Zimmerman will be released on $150,000 bond, with GPS monitoring and daily curfews. The details of his release will be kept secret. He may be kept under house arrest out of state. Zimmerman's wife of five years, Shellie, has been cross examined by telephone. She is testifying to the suspect's past behavior.
The Trayvon Martin family is "completely devastated" that Zimmerman will be released, their lawyers said. They are "outraged" that Zimmerman was allowed to take the witness stand and apologize to them. They thought the apology self-serving and disingenuous. The defense and prosecution are asking Shellie Zimmerman about charges previously filed against George Zimmerman for felony battery on a law enforcement officer. She says her husband told her a man not in uniform was beating up a friend and that he did not know the alleged assailant, with whom he got in a physical altercation, was an officer.
In explaining the terms of the bail, Judge Kenneth Lester Jr. said the court sees such murder cases all the time, and the court sees previous felony charges of the kind brought against Zimmerman in a 2005 case just as frequently. The suggestion was that the court was not going to overreact and set bail too high. Shellie Zimmerman said George Zimmerman was required to attend anger management courses.
The decision to let Zimmerman take the stand and apologize at his bond hearing was widely questioned. The defendant has now testified to his thinking on the night he killed Trayvon Martin, and the trial hasn't even begun. Zimmerman's attorneys are seeking bond to have him released before trial.
An state investigator's replies on the stand to questions about evidence were scene as potentially damaging to the prosecution, because the investigator made statements about what evidence the state does and doesn't have. Overall the sense following the bond hearing is that both sides were somewhat reckless. 9.42am: The hearing is being broadcast live on CNN. It is also available as a live stream here.
12.14pm: Apology Adamantly Not Accepted. Zimmerman's attorney, Mark O'Mara, was expected to argue for the suspect's release based on his good behavior since the shooting nearly two months ago. The suspect stayed in touch with law enforcement and has family ties to the area.
Zimmerman's decision to apologize at his bond hearing appears to have taken the Trayvon Martin murder case in a bitter new direction. Those ties include his father, Robert Zimmerman, Sr., who is now testifying.
"I wanted to say I am sorry for the loss of your son," Zimmerman said in court. "I did not know how old he was, I thought he was a little bit younger than I am. And I did not know if he was armed or not." Robert Zimmerman is asked whether he can help his son post bond. He says he is a disabled veteran without much income or savings. He says his home has a mortgage on it.
Attorneys for the Martin family lashed out at the apology, calling it transparently self-serving and 50 days overdue. O'Mara, the defense attorney, is asking the questions. He asked whether the father would take out a second mortgage on his home to secure his son's release. He says yes.
The defendant didn't apologize in multiple statements to police, he didn't apologize through his lawyers and he didn't apologize on a web site he set up to raise money for his defense, the Martin family lawyer said. Why did he wait until all the cameras were on him, and his freedom was on the line, to say he was sorry? Now O'Mara asks: "Do you believe your son is a violent person?" "Absolutely not..." says dad. "I've never known him to be violent at all, unless he was provoked."
The decision of the defense in having the defendant take the stand in the bond hearing is being questioned by legal experts. Why introduce possiblly damaging evidence to court in advance of the trial, the thinking goes. 9.49am: Robert Zimmerman has said his son is an honest man. The prosecutor asks him whether he is aware of a web site made for his son.
What does it mean that Zimmerman said "I did not know if he was armed or not"? Is Zimmerman suggesting that his lethal use of force might be excused by this quirk of his own psychology, his standing assumption that everyone he sees is armed and dangerous? The father says he has nothing to do with the web site. He says he has no idea how much money has come in. "I have no idea if there's any money, how much money or who has access to it."
"I did not know how old he was," said Zimmerman. The prosecutor asks Zimmerman about his son's medical history.
Is that a murder defense? "I've had fairly limited contact with my son since his head was beaten [in altercation with Trayvon Martin]... I saw the scars on the back of his head and his face swollen the next morning... at his house."
11.58am: How restrictive are the terms of George Zimmerman's bond? His family is expected to be able to post $15,000 10 percent of the $150,000 bail for Zimmerman's release. 9.51am: Defense atty. Mark O'Mara is now asking questions of George Zimmerman's father, Robert, who is describing his son's injuries after he shot Trayvon Martin.
In setting the terms of bail, Judge Kenneth Lester Jr. described how frequently he sees cases "like this." The benefit of working in central Florida, he said, was that they have plenty of experience on murder cases. "His face was swollen quite a bit. He had a protective cover over his nose. His lips were swollen and cut. And there were two vertical gashes on the back of his head."
The judge all but pooh-poohed the 2005 charges brought against Zimmerman for felony battery of an officer and resisting arrest. The charges were later reduced to a misdemeanor and Zimmerman never served prison time, although he was required to attend anger management classes. He said he's seen pictures of the injury, on the news. But prosecutors never showed him photos.
This kind of thing is all too common, the judge said, suggested that the charges were somehow inflated and should not be taken as an indicator that he, at least, would not be taking them as an indicator of George Zimmerman's propensity for violence. Robert Zimmerman is excused.
George Zimmerman's father, Robert Zimmerman, testified that his son was not violent "unless he was provoked." 9.57am: Now Gladys Zimmerman, mother of George Zimmerman, is testifying. She is being sworn in.
The judge accepted the argument of the defense that Zimmerman had family in the area and could be counted on to stay in contact with law enforcement. O'Mara asks the questions first. She acknowledges the charges of second-degree murder against her son.
During the bond hearing Zimmerman's parents testified they had no savings and would have to take out a second mortgage on their house to cover bail. The judge set bail at a level that would seem within reach of the Zimmerman family. She says she is in frequent contact with George and wife Shellie. Is she concerned for his safety after his release?
Is this bail too low? "They are devastated, completely devastated, that after nine days from the killer of their son being arrested, they learned today that he will be released," the Martin family lawyer, Benjamin Crump, said of their reaction. "They have to accept the court's decision. They pray that his freedom is only temporary, because the pain that he has caused this family is going to be permanent." "As a mother yes I do. Because we have received a lot of threats." She wants confidentiality if her son is released.
11.48am: Martin family lawyers are going after Zimmerman for his public apology. He waited until the media was watching, they say. Why didn't he apologize earlier? O'Mara asks her about their savings. She echoes her husband's testimony, that they don't have savings but have some home equity.
The lawyers say the witness stand, where Zimmerman gave his apology, is not a place for grandstanding apologies it's a place for evidence. This is a Florida moment: a prospective second mortgage to pay a bond in a racially charged murder case.
"This family, they were so so torn, so hurt, that they couldn't even bring themselves to come here and stand, after they learned what they learned here in court," a family lawyer says. "It has been a tough day." 10.02am: O'Mara is asking Gladys Zimmerman about the time her son was arrested on felony battery and resisting arrest charges in the altercation with the officers, who were ATF officers.
Reporter asked: any concerns about the evidence? She says George said he tried to find out why the ATF officers were "pushing around" his friend and the officers started to push George around.
Crump says the prosecutor "appropriately held back" on evidence. They're saving it for trial, he says. She says George is the kind of guy who will defend others. She says, in slightly imperfect English, that in 2010 "he find out that homeless person was being beaten by another man in the city of Sanford. He organized the whole community. He went to churches. He put fliers on cars ... for justice for this homeless man who was beating up."
Crump said the real George Zimmerman had "every opportunity to put whatever he thought was important in his heart on that web site." He didn't. O'Mara asks for other examples of George's selflessness.
11.41am: Benjamin Crump, the lawyer for the Martin family, is appearing outside court. He says the family is "devastated." He calls Zimmerman's apology "self-serving." "I know that he is very protective of people, very protective of homeless people and also of children, no matter the race."
"They are devastated, completely devastated, that after nine days from the killer of their son being arrested, they learned today that he will be released. They have to accept the court's decision. They pray that his freedom is only temporary, because the pain that he has caused this family is going to be permanent. She says her son was a mentor to a child in Orlando. She says he committed to the program for two years. THe program closed after 9 months. But George kept going to Orlando to take care of the two kids he was committed to.
"Zimmerman makes this self-serving apology in court, 50 days later. The realGeorgeZimmerman web site never once said "I'm sorry.' Why today?" Gladys ZImmerman is describing her son George's work with youth. They are teens. SHe said she told her son not to go because "it's too dangerous." "It's a very dangerous place, where he goes to," in Orlando, she says.
"All throughout the hearing, Tracy Martin had tears in his eyes as he watched the killer of his son. It was devastating that he got to give a self-serving apology to help him get a bond. They were outraged." The two kids George mentored were "African-American," Gladys says.
11.36am: Defense attorney Mark O'Mara said Florida's Stand Your Ground law might "not be that applicable" in this case. 10.04am: Bernie de La Rionda, the prosecutor, is asking GLadys Zimmerman about her son's 2005 arrest on charges of assaulting ATF officers.
"Self defense is still self defense," he said, addressing the media outside the courthouse. The implication being that Zimmerman was attacked by Martin and this was a clear case of the armed man who gave chase defending himself. He asks why George didn't follow the officers' orders. Gladys says George said the officers never identified themselves as such.
11.30am: Legal analysts are reacting with shock that Zimmerman took the stand at his bond hearing today. De la Rionda asks about the web site set up to help her son. She says she has no access.
@AntDeRosa I can't believe he did it. He is now locked into that testimony. Defense attys usually try to avoid that like the plague Gladys Zimmerman's testimony is done.
Dan Levine (@FedcourtJunkie) April 20, 2012 Zimmerman's family tesitifed by telephone with a notary public present to ensure they were alone in the room as they testified.
11.24am: Here's a summary of what happened at the George Zimmerman bond hearing: The parents of Trayvon Martin are in court.
Zimmerman will be released on $150,000 bail, with GPS monitoring, daily curfew, no guns, no consumption of alcohol and required check-in every three days. He may be held out of state. The details will be kept secret. 10.14am: O'Mara is calling an investigator from the state's attorney's office to testify.
In a highly unusual step, the defendant took the stand. He said he didn't know how young Travyon Martin was and he didn't know whether he was armed. He did not talk about what led him to believe Trayvon Martin was a threatening enough figure to warrant pursuit with a loaded pistol. First to testify is investigator Dale Gilbreath. He says "I was not planning on testifying."
Zimmerman did not refer to the parents of Trayvon Martin, Sybrina Fulton and Tracy Martin, who were in court, by name. He said: "I wanted to say I am sorry for the loss of your son. I did not know how old he was, I thought he was a little bit younger than I am. And I did not know if he was armed or not." O'Mara is asking Gilbreath about his background as an investigator.
The hearing pointed to how the slim evidence of what happened before the killing will be a major point of argument in the case. Defense attorney Mark O'Mara grilled a state investigator about how the state collected facts to write an affidavit describing the alleged crime. O'Mara challenged the assertion that there was a "confrontation" or that Zimmerman chased Martin far. George Zimmerman is sitting erect at the defense table. He wears a gray suit and a gray tie. His head is shaved. He projects full attention, bolt upright and blinking.
11.16am: The hearing is adjourned. Zimmerman won't go free today. But the terms of his release have been set in the run-up to his trial. He will be held and monitored at a secret location, possibly out of state. O'Mara is asking Gilbreath about language Gilbreath used in an affidavit he wrote. The affidavit uses the word "profile" in reference to George Zimmerman's activities the night Martin was killed.
11.13am: Further conditions of the bail: O'Mara is asking Gilbreath what he meant by "profile." The subtext is whether an assumption of racial prejudice colored the investigation of the alleged crime.
Daily curfew. No guns. No consumption of alcohol. Required check-in every three days. GPS monitoring. Gilbreath and O'Mara are going round and round.
And the $150k. 10.23am: O'Mara is taking what feels like an extremely fine-toothed comb to an affidavit produced by prosecutors in the investigation of the death of Trayvon Martin.
11.10am: The judge, Judge Kenneth Lester, says 'we have lots of experience' with murder cases. O'Mara is asking about the use of quotation marks and word choice in the affidavit.
"This is a very common type hearing. But for the media involved." Now O'Mara and investigator Gilbreath are talking about an unnamed witness in the case. Gilbreath says the witness was not interviewed until "five weeks" after the incident.
Zimmerman gets bond. Terms are: The affidavit describes the alleged crime. O'Mara is asking Gilbreath about one line, about the pursuit of Martin by "Zimmerman, who didn't want the person he falsely assumed was going to commit a crime to get away."
150,000 electronic monitoring, GPS, meetings with officers. O'Mara is challenging other lines, such as "Zimmerman confronted Martin."
11.06am: O'Mara is now making the broad case for Zimmerman to be able to post bond in the case. This debate points to potential difficulty in pinning down details in the case. The affidavit says "confronted." O'Mara: is there any evidence to support the word "confronted"?
He says Zimmerman has family in the area, has shown himself not to be a flight risk, has employment in the area. Gilbreath says he could have used a different word.
O'Mara is saying the second-degree murder charges are excessive. He asks that that be taken into account. 10.31am: Two images from Seminole County Courthouse, where Circuit Judge Kenneth Lester Jr. is presiding over a bond hearing for George Zimmerman.
De la Rionda takes over: "In a way what occurred here was an attempt by the defense counsel to [argue the case].
"...You also have the fact that it is an unarmed 17-year-old boy, who was minding his own business, who wasn't committing a crime. Will [Zimmerman] be a threat to other people?
"You have a person, Mr. Zimmerman, who in the past has committed violent crimes. It shows a lack of adhering to authority." 10.39am: Assistant state attorney Bernie de la Rionda is asking questions of state investigator Dale Gilbreath.
De la Rionda asks for no bond or a bond of $1 million. De la Rionda is asking Gilbreath about details of the alleged crime. He is running through the dramatic moments when the 911 operator advises Zimmerman he doesn't need to pursue Martin.
"The fact is he shot somebody... You have a 17-yo young man who was minding his own business and walking home." Gilbreath says the affidavit describing the scene was compiled from witness statements and evidence.
De la Rionda to Gilbreath: "Prior to that confrontation, Mr. Martin was minding his own business, correct?"
O'Mara: Objection your honor -- this is not in evidence.
The objection is sustained. De la Rionda amends his question to ask whether Trayvon Martin was armed. Gilbreath says he was not.
Investigators were monitoring Zimmerman "the whole time he was out of town," Gilbreath says.
Now O'Mara is asking Gilbreath questions again. He's driving at how long after the operator told Zimmerman not to follow Martin that the suspect "continued to follow" the scene.
Gilbreath: "We have a witness statement who observed shadows or figures running by her residence." He says he can't identify who they were.
10.43am: O'Mara: Do you know who started the fight?
Gilbreath: No.
Do you have any evidence that supports who may have started the fight?
No.
Now they're discussing Zimmerman's statement on the night of the shooting. O'Mara is summarizing.
Zimmerman said after the dispatcher told him not to follow, he went on until he saw a street sign, then went back "towards his car."
O'Mara: Did [Zimmerman] tell you who started the fight? What did he tell the officers?
Gilbreath: That he was the victim in this. ANd that it was Martin that confronted him, and assaulted him.
O: When did he say that?
G: The initial interview that was conducted at the Sanford P.D., within an hour and a half.
O: When he gave that statement, did he have any indication [of any witnesses]?
G: I don't know what he picked up from overheard conversations [after the shooting, before he went to the police department].
10.45am: Gilbreath says he has no evidence that conflicts with Zimmerman's suggestion that he turned away and went back to his car after talking with a 911 operator.
O'Mara is hammering on the paucity of evidence from the crime scene. He asks if there is any evidence that conflicts with the contention that "Mr. Martin assaulted first"?
Gilbreath mentions that one figure was chasing the other.
Now de la Rionda stands up.
"I'm sorry, I didn't know we were going to be trying the case today."
O'Mara highlighted moments from Zimmerman's statement that would seem to exculpate him.
De La Rionda is digging into the same statement to point out what he calls contradictions. These include the fact that Zimmerman's statement says he was scared, and yet he took off running after Martin.
11.00am: George Zimmerman is now making a statement before the court.11.00am: George Zimmerman is now making a statement before the court.
He states his name. Then Zimmerman says:He states his name. Then Zimmerman says:
"I wanted to say I am sorry for the loss of your son. I did not know how old he was, I thought he was a little bit younger than I am. And I did not know if he was armed or not.""I wanted to say I am sorry for the loss of your son. I did not know how old he was, I thought he was a little bit younger than I am. And I did not know if he was armed or not."
De la Rionda jumps all over this.De la Rionda jumps all over this.
"I thought you were going to address the court – your honor – but that's really addressed to the family and the media over there, correct?""I thought you were going to address the court – your honor – but that's really addressed to the family and the media over there, correct?"
Z: NO, to the mother and the father.Z: NO, to the mother and the father.
D: After you committed this crime, did you ever make this statement, that you were sorry?D: After you committed this crime, did you ever make this statement, that you were sorry?
Z: I said that I felt sorry for the family.Z: I said that I felt sorry for the family.
D: You did? You're sure?D: You did? You're sure?
Z: I'm fairly certain.Z: I'm fairly certain.
Zimmerman has a softish, rounded voice. He is making sustained eye contact with the prosecutor, de la Rionda. He sits with self-consciously erect posture. As he begins to answer questions he rolls his eyes in thought.Zimmerman has a softish, rounded voice. He is making sustained eye contact with the prosecutor, de la Rionda. He sits with self-consciously erect posture. As he begins to answer questions he rolls his eyes in thought.
Overall his manner is gentle, nonconfrontational.Overall his manner is gentle, nonconfrontational.
The parents of Trayvon Martin are in court, yards from the witness stand. They sit and hear George Zimmerman say this:The parents of Trayvon Martin are in court, yards from the witness stand. They sit and hear George Zimmerman say this:
"I felt sorry that they lost their child, yes.""I felt sorry that they lost their child, yes."
10.45am: Gilbreath says he has no evidence that conflicts with Zimmerman's suggestion that he turned away and went back to his car after talking with a 911 operator. 11.06am: O'Mara is now making the broad case for Zimmerman to be able to post bond in the case.
O'Mara is hammering on the paucity of evidence from the crime scene. He asks if there is any evidence that conflicts with the contention that "Mr. Martin assaulted first"? He says Zimmerman has family in the area, has shown himself not to be a flight risk, has employment in the area.
Gilbreath mentions that one figure was chasing the other. O'Mara is saying the second-degree murder charges are excessive. He asks that that be taken into account.
Now de la Rionda stands up. De la Rionda takes over: "In a way what occurred here was an attempt by the defense counsel to [argue the case].
"I'm sorry, I didn't know we were going to be trying the case today." "...You also have the fact that it is an unarmed 17-year-old boy, who was minding his own business, who wasn't committing a crime. Will [Zimmerman] be a threat to other people?
O'Mara highlighted moments from Zimmerman's statement that would seem to exculpate him. "You have a person, Mr. Zimmerman, who in the past has committed violent crimes. It shows a lack of adhering to authority."
De La Rionda is digging into the same statement to point out what he calls contradictions. These include the fact that Zimmerman's statement says he was scared, and yet he took off running after Martin. De la Rionda asks for no bond or a bond of $1 million.
10.43am: O'Mara: Do you know who started the fight? "The fact is he shot somebody... You have a 17-yo young man who was minding his own business and walking home."
Gilbreath: No. 11.10am: The judge, Judge Kenneth Lester, says 'we have lots of experience' with murder cases.
Do you have any evidence that supports who may have started the fight? "This is a very common type hearing. But for the media involved."
No. Zimmerman gets bond. Terms are:
Now they're discussing Zimmerman's statement on the night of the shooting. O'Mara is summarizing. 150,000 electronic monitoring, GPS, meetings with officers.
Zimmerman said after the dispatcher told him not to follow, he went on until he saw a street sign, then went back "towards his car." 11.13am: Further conditions of the bail:
O'Mara: Did [Zimmerman] tell you who started the fight? What did he tell the officers? Daily curfew. No guns. No consumption of alcohol. Required check-in every three days. GPS monitoring.
Gilbreath: That he was the victim in this. ANd that it was Martin that confronted him, and assaulted him. And the $150k.
O: When did he say that? 11.16am: The hearing is adjourned. Zimmerman won't go free today. But the terms of his release have been set in the run-up to his trial. He will be held and monitored at a secret location, possibly out of state.
G: The initial interview that was conducted at the Sanford P.D., within an hour and a half. 11.24am: Here's a summary of what happened at the George Zimmerman bond hearing:
O: When he gave that statement, did he have any indication [of any witnesses]? Zimmerman will be released on $150,000 bail, with GPS monitoring, daily curfew, no guns, no consumption of alcohol and required check-in every three days. He may be held out of state. The details will be kept secret.
G: I don't know what he picked up from overheard conversations [after the shooting, before he went to the police department]. In a highly unusual step, the defendant took the stand. He said he didn't know how young Travyon Martin was and he didn't know whether he was armed. He did not talk about what led him to believe Trayvon Martin was a threatening enough figure to warrant pursuit with a loaded pistol.
10.39am: Assistant state attorney Bernie de la Rionda is asking questions of state investigator Dale Gilbreath. Zimmerman did not refer to the parents of Trayvon Martin, Sybrina Fulton and Tracy Martin, who were in court, by name. He said: "I wanted to say I am sorry for the loss of your son. I did not know how old he was, I thought he was a little bit younger than I am. And I did not know if he was armed or not."
De la Rionda is asking Gilbreath about details of the alleged crime. He is running through the dramatic moments when the 911 operator advises Zimmerman he doesn't need to pursue Martin. The hearing pointed to how the slim evidence of what happened before the killing will be a major point of argument in the case. Defense attorney Mark O'Mara grilled a state investigator about how the state collected facts to write an affidavit describing the alleged crime. O'Mara challenged the assertion that there was a "confrontation" or that Zimmerman chased Martin far.
Gilbreath says the affidavit describing the scene was compiled from witness statements and evidence. 11.30am: Legal analysts are reacting with shock that Zimmerman took the stand at his bond hearing today.
De la Rionda to Gilbreath: "Prior to that confrontation, Mr. Martin was minding his own business, correct?" @AntDeRosa I can't believe he did it. He is now locked into that testimony. Defense attys usually try to avoid that like the plague
O'Mara: Objection your honor -- this is not in evidence. Dan Levine (@FedcourtJunkie) April 20, 2012
The objection is sustained. De la Rionda amends his question to ask whether Trayvon Martin was armed. Gilbreath says he was not. 11.36am: Defense attorney Mark O'Mara said Florida's Stand Your Ground law might "not be that applicable" in this case.
Investigators were monitoring Zimmerman "the whole time he was out of town," Gilbreath says. "Self defense is still self defense," he said, addressing the media outside the courthouse. The implication being that Zimmerman was attacked by Martin and this was a clear case of the armed man who gave chase defending himself.
Now O'Mara is asking Gilbreath questions again. He's driving at how long after the operator told Zimmerman not to follow Martin that the suspect "continued to follow" the scene. 11.41am: Benjamin Crump, the lawyer for the Martin family, is appearing outside court. He says the family is "devastated." He calls Zimmerman's apology "self-serving."
Gilbreath: "We have a witness statement who observed shadows or figures running by her residence." He says he can't identify who they were. "They are devastated, completely devastated, that after nine days from the killer of their son being arrested, they learned today that he will be released. They have to accept the court's decision. They pray that his freedom is only temporary, because the pain that he has caused this family is going to be permanent.
10.31am: Two images from Seminole County Courthouse, where Circuit Judge Kenneth Lester Jr. is presiding over a bond hearing for George Zimmerman. "Zimmerman makes this self-serving apology in court, 50 days later. The realGeorgeZimmerman web site never once said "I'm sorry.' Why today?"
"All throughout the hearing, Tracy Martin had tears in his eyes as he watched the killer of his son. It was devastating that he got to give a self-serving apology to help him get a bond. They were outraged."
11.48am: Martin family lawyers are going after Zimmerman for his public apology. He waited until the media was watching, they say. Why didn't he apologize earlier?
10.23am: O'Mara is taking what feels like an extremely fine-toothed comb to an affidavit produced by prosecutors in the investigation of the death of Trayvon Martin. The lawyers say the witness stand, where Zimmerman gave his apology, is not a place for grandstanding apologies it's a place for evidence.
O'Mara is asking about the use of quotation marks and word choice in the affidavit. "This family, they were so so torn, so hurt, that they couldn't even bring themselves to come here and stand, after they learned what they learned here in court," a family lawyer says. "It has been a tough day."
Now O'Mara and investigator Gilbreath are talking about an unnamed witness in the case. Gilbreath says the witness was not interviewed until "five weeks" after the incident. Reporter asked: any concerns about the evidence?
The affidavit describes the alleged crime. O'Mara is asking Gilbreath about one line, about the pursuit of Martin by "Zimmerman, who didn't want the person he falsely assumed was going to commit a crime to get away." Crump says the prosecutor "appropriately held back" on evidence. They're saving it for trial, he says.
O'Mara is challenging other lines, such as "Zimmerman confronted Martin." Crump said the real George Zimmerman had "every opportunity to put whatever he thought was important in his heart on that web site." He didn't.
This debate points to potential difficulty in pinning down details in the case. The affidavit says "confronted." O'Mara: is there any evidence to support the word "confronted"? 11.58am: How restrictive are the terms of George Zimmerman's bond? His family is expected to be able to post $15,000 10 percent of the $150,000 bail for Zimmerman's release.
Gilbreath says he could have used a different word. In setting the terms of bail, Judge Kenneth Lester Jr. described how frequently he sees cases "like this." The benefit of working in central Florida, he said, was that they have plenty of experience on murder cases.
10.14am: O'Mara is calling an investigator from the state's attorney's office to testify. The judge all but pooh-poohed the 2005 charges brought against Zimmerman for felony battery of an officer and resisting arrest. The charges were later reduced to a misdemeanor and Zimmerman never served prison time, although he was required to attend anger management classes.
First to testify is investigator Dale Gilbreath. He says "I was not planning on testifying." This kind of thing is all too common, the judge said, suggested that the charges were somehow inflated and should not be taken as an indicator that he, at least, would not be taking them as an indicator of George Zimmerman's propensity for violence.
O'Mara is asking Gilbreath about his background as an investigator. George Zimmerman's father, Robert Zimmerman, testified that his son was not violent "unless he was provoked."
George Zimmerman is sitting erect at the defense table. He wears a gray suit and a gray tie. His head is shaved. He projects full attention, bolt upright and blinking. The judge accepted the argument of the defense that Zimmerman had family in the area and could be counted on to stay in contact with law enforcement.
O'Mara is asking Gilbreath about language Gilbreath used in an affidavit he wrote. The affidavit uses the word "profile" in reference to George Zimmerman's activities the night Martin was killed. During the bond hearing Zimmerman's parents testified they had no savings and would have to take out a second mortgage on their house to cover bail. The judge set bail at a level that would seem within reach of the Zimmerman family.
O'Mara is asking Gilbreath what he meant by "profile." The subtext is whether an assumption of racial prejudice colored the investigation of the alleged crime. Is this bail too low? "They are devastated, completely devastated, that after nine days from the killer of their son being arrested, they learned today that he will be released," the Martin family lawyer, Benjamin Crump, said of their reaction. "They have to accept the court's decision. They pray that his freedom is only temporary, because the pain that he has caused this family is going to be permanent."
Gilbreath and O'Mara are going round and round. 12.14pm: Apology Adamantly Not Accepted.
10.04am: Bernie de La Rionda, the prosecutor, is asking GLadys Zimmerman about her son's 2005 arrest on charges of assaulting ATF officers. Zimmerman's decision to apologize at his bond hearing appears to have taken the Trayvon Martin murder case in a bitter new direction.
He asks why George didn't follow the officers' orders. Gladys says George said the officers never identified themselves as such. "I wanted to say I am sorry for the loss of your son," Zimmerman said in court. "I did not know how old he was, I thought he was a little bit younger than I am. And I did not know if he was armed or not."
De la Rionda asks about the web site set up to help her son. She says she has no access. Attorneys for the Martin family lashed out at the apology, calling it transparently self-serving and 50 days overdue.
Gladys Zimmerman's testimony is done. The defendant didn't apologize in multiple statements to police, he didn't apologize through his lawyers and he didn't apologize on a web site he set up to raise money for his defense, the Martin family lawyer said. Why did he wait until all the cameras were on him, and his freedom was on the line, to say he was sorry?
Zimmerman's family tesitifed by telephone with a notary public present to ensure they were alone in the room as they testified. The decision of the defense in having the defendant take the stand in the bond hearing is being questioned by legal experts. Why introduce possiblly damaging evidence to court in advance of the trial, the thinking goes.
The parents of Trayvon Martin are in court. What does it mean that Zimmerman said "I did not know if he was armed or not"? Is Zimmerman suggesting that his lethal use of force might be excused by this quirk of his own psychology, his standing assumption that everyone he sees is armed and dangerous?
10.02am: O'Mara is asking Gladys Zimmerman about the time her son was arrested on felony battery and resisting arrest charges in the altercation with the officers, who were ATF officers. "I did not know how old he was," said Zimmerman.
She says George said he tried to find out why the ATF officers were "pushing around" his friend and the officers started to push George around. Is that a murder defense?
She says George is the kind of guy who will defend others. She says, in slightly imperfect English, that in 2010 "he find out that homeless person was being beaten by another man in the city of Sanford. He organized the whole community. He went to churches. He put fliers on cars ... for justice for this homeless man who was beating up." 12.27pm: We're going to wrap up our live blog coverage this morning of murder suspect George Zimmerman's bond hearing. Here's a summary of what happened:
O'Mara asks for other examples of George's selflessness. Zimmerman will be released on $150,000 bond, with GPS monitoring and daily curfews. The details of his release will be kept secret. He may be kept under house arrest out of state.
"I know that he is very protective of people, very protective of homeless people and also of children, no matter the race." The Trayvon Martin family is "completely devastated" that Zimmerman will be released, their lawyers said. They are "outraged" that Zimmerman was allowed to take the witness stand and apologize to them. They thought the apology self-serving and disingenuous.
She says her son was a mentor to a child in Orlando. She says he committed to the program for two years. THe program closed after 9 months. But George kept going to Orlando to take care of the two kids he was committed to. In explaining the terms of the bail, Judge Kenneth Lester Jr. said the court sees such murder cases all the time, and the court sees previous felony charges of the kind brought against Zimmerman in a 2005 case just as frequently. The suggestion was that the court was not going to overreact and set bail too high.
Gladys ZImmerman is describing her son George's work with youth. They are teens. SHe said she told her son not to go because "it's too dangerous." "It's a very dangerous place, where he goes to," in Orlando, she says. The decision to let Zimmerman take the stand and apologize at his bond hearing was widely questioned. The defendant has now testified to his thinking on the night he killed Trayvon Martin, and the trial hasn't even begun.
The two kids George mentored were "African-American," Gladys says. An state investigator's replies on the stand to questions about evidence were scene as potentially damaging to the prosecution, because the investigator made statements about what evidence the state does and doesn't have. Overall the sense following the bond hearing is that both sides were somewhat reckless.
9.57am: Now Gladys Zimmerman, mother of George Zimmerman, is testifying. She is being sworn in.
O'Mara asks the questions first. She acknowledges the charges of second-degree murder against her son.
She says she is in frequent contact with George and wife Shellie. Is she concerned for his safety after his release?
"As a mother yes I do. Because we have received a lot of threats." She wants confidentiality if her son is released.
O'Mara asks her about their savings. She echoes her husband's testimony, that they don't have savings but have some home equity.
This is a Florida moment: a prospective second mortgage to pay a bond in a racially charged murder case.
9.51am: Defense atty. Mark O'Mara is now asking questions of George Zimmerman's father, Robert, who is describing his son's injuries after he shot Trayvon Martin.
"His face was swollen quite a bit. He had a protective cover over his nose. His lips were swollen and cut. And there were two vertical gashes on the back of his head."
He said he's seen pictures of the injury, on the news. But prosecutors never showed him photos.
Robert Zimmerman is excused.
9.49am: Robert Zimmerman has said his son is an honest man. The prosecutor asks him whether he is aware of a web site made for his son.
The father says he has nothing to do with the web site. He says he has no idea how much money has come in. "I have no idea if there's any money, how much money or who has access to it."
The prosecutor asks Zimmerman about his son's medical history.
"I've had fairly limited contact with my son since his head was beaten [in altercation with Trayvon Martin]... I saw the scars on the back of his head and his face swollen the next morning... at his house."
9.42am: The hearing is being broadcast live on CNN. It is also available as a live stream here.
Zimmerman's attorney, Mark O'Mara, was expected to argue for the suspect's release based on his good behavior since the shooting nearly two months ago. The suspect stayed in touch with law enforcement and has family ties to the area.
Those ties include his father, Robert Zimmerman, Sr., who is now testifying.
Robert Zimmerman is asked whether he can help his son post bond. He says he is a disabled veteran without much income or savings. He says his home has a mortgage on it.
O'Mara, the defense attorney, is asking the questions. He asked whether the father would take out a second mortgage on his home to secure his son's release. He says yes.
Now O'Mara asks: "Do you believe your son is a violent person?" "Absolutely not..." says dad. "I've never known him to be violent at all, unless he was provoked."
9.30am: A bond hearing is currently underway at Seminole County Courthouse in Florida for George Zimmerman, accused of murdering Trayvon Martin. Here's what has happened so far:
• Zimmerman's wife of five years, Shellie, has been cross examined by telephone. She is testifying to the suspect's past behavior.
The defense and prosecution are asking Shellie Zimmerman about charges previously filed against George Zimmerman for felony battery on a law enforcement officer. She says her husband told her a man not in uniform was beating up a friend and that he did not know the alleged assailant, with whom he got in a physical altercation, was an officer.
• Shellie Zimmerman said George Zimmerman was required to attend anger management courses.
Zimmerman's attorneys are seeking bond to have him released before trial.