Thursday, April 12, 2012

More: Affidavit says Trayvon Martin's mother identified screams for help heard in 911 call as those of her son - @orlandosentinel

12:56 p.m. EST, April 12, 2012|

By Arelis R. Hernández and Susan Jacobson, Orlando Sentinel

George Zimmerman, the Neighborhood Watch volunteer arrested yesterday in the fatal shooting of 17-year-old Trayvon Martin, faced a judge for the first time this afternoon.

Meanwhile, a probable cause affidavit has been filed in the second-degree murder case. In the two-page document, prosecutors offer little new information about the shooting.

However, they said in the affidavit that "Zimmerman confronted Martin," an apparent contradiction of Zimmerman's version of the events that led to the shooting.

The document says Trayvon's mother identified the screams for help heard in a 911 call as those of her son. It also reveals that investigators interviewed a "friend" of Trayvon's who was talking to him in the leadup to the shooting.

Based on the description, it appears the friend was the girl described by Martin family attorneys as his girlfriend.

"During this time, Martin was on the phone with a friend and described to her what was happening," the affidavit said. "The witness advised that Martin was scared because he was being followed through the complex by an unknown male and didn't know why."

Martin tried to run home, the affidavit says, but was followed by Zimmerman. "Zimmerman got out of his vehicle and followed Martin."

The affidavit goes on to say that "Zimmerman disregarded the police dispatcher" who told him to stop, and "continued to follow Martin who was trying to return to his home."

Zimmerman, the affidavit says, "confronted Martin and a struggle ensued."

According to the affidavit: "Trayvon Martin's mother has reviewed the 911 calls and identified the voice crying for help as Trayvon Martin's. Zimmerman shot Martin in the chest."

Zimmerman's first appearance began just after 1:30 p.m. He faces a second-degree murder charge in the Feb. 26 shooting, which sparked international outcry.

Zimmerman appeared in a jumpsuit and handcuffs. He was joined by his new attorney, Mark O'Mara. A first-appearance judge found probable cause for the murder charge.

The judge set Zimmerman's next court date for May 29 at 1:30 p.m. Zimmerman spoke only once during the hearing, responding "yes sir" to a question.

No bond hearing was held. Zimmerman will remain in jail for the time being.

After Zimmerman exited, O'Mara asked the judge to seal documents in the court file containing other information -- including witness statements and information.

"I am seeking on my clients behalf... that we do a complete sealing of that record," O'Mara said, adding that the sealing would be temporary. The judge agreed.

After the hearing, prosecutor Bernie De La Rionda asked reporters gathered outside for patience.

"In the rule of law, we have jury trials for a purpose," De La Rionda said. O'Mara echoed that sentiment.

"It really, truly, it works," O'Mara said of the judicial system, telling reporters that in a case of this profile, if it doesn't work, "you'll tell us."

O'Mara said it made more sense to forgo a bond hearing at this point, electing to give time to allow the fervor surrounding the case to die down. He said his client is in protective custody.

Zimmerman woke up in a Seminole County jail cell this morning as Trayvon's Mother, Sybrina Fulton, said on national television she thinks the shooting was an accident.

Fulton later issued a statement saying her comments were "mischaracterized"

"When I referenced the word 'accident' today with regard to Trayvon's death, in NO way did I mean the shooting was an accident," a statement attributed to Fulton said on her attorney's Twitter account.

"We believe that George Zimmerman stalked my son and murdered him in cold blood. The 'accident' I was referring to was the fact that George Zimmerman and my son ever crossed paths. It was an accidental encounter," the statement said. "If George Zimmerman hadn't gotten out of his vehicle, this entire incident would have been avoided. My son was profiled, followed and murdered by George Zimmerman, and there was nothing accidental about that."

Zimmerman is set to go before Judge Mark Herr at 1:30 p.m. today on a charge of second-degree murder.

This morning, when she was asked what she would like to say to Zimmerman, Fulton said on The Today Show that she wants an apology from him.

"I believe it was an accident. I believe it just got out of control and he couldn't turn the clock back," Fulton said, revealing her opinion about what happened the night her 17-year-old son was shot to death. "I would ask him, did he know that that was a minor, that that was a teenager and that he did not have a weapon."

Fulton said even if Zimmerman is found not guilty, the arrest achieves the goal of their campaign to raise awareness and bring him to justice.

"We just want him to be held accountable for what he done," Fulton said. "We are happy that he was arrested so that he can give his side of the story."

The case has been assigned to Circuit Court Judge Jessica Recksiedler.

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