By GREG BLUESTEIN and TAMARA LUSH
Associated Press
SANFORD, Fla. (AP) - After
weeks in hiding, George Zimmerman made his first courtroom appearance
Thursday in the shooting of 17-year-old Trayvon Martin, and prosecutors
outlined their murder case in court papers, saying the neighborhood
watch volunteer followed and confronted the black teenager after a
police dispatcher told him not to.
The brief outline,
contained in an affidavit filed in support of the second-degree murder
charges, appeared to contradict Zimmerman's claim that Martin attacked
him after he had turned away and was returning to his vehicle.
In the affidavit,
prosecutors also said that Martin's mother identified cries for help
heard in the background of a 911 call as her son's. There had been some
question as to whether Martin or Zimmerman was the one crying out.
The account of the shooting
was released as Zimmerman, 28, appeared at a four-minute hearing in a
jailhouse courtroom, setting in motion what could be a long, drawn-out
process, or an abrupt and disappointingly short one for the Martin
family because of the strong legal protections contained in Florida's
"stand your ground" law on self-defense.
During the hearing,
Zimmerman stood up straight, held his head high and wore a gray jail
jumpsuit. He spoke only to answer "Yes, sir" twice after he was asked
basic questions from the judge, who was not in the courtroom but on
closed-circuit TV. The defendant's hair was shaved down to stubble and
he had a thin goatee. His hands were shackled in front of him.
He did not enter a plea;
that will happen at his arraignment, which was set for May 29.
Zimmerman's attorney, Mark O'Mara, has said his client will plead not
guilty. A bail hearing for Zimmerman probably will be held April 20,
O'Mara said late Thursday.
To prove second-degree
murder, prosecutors must show that Zimmerman committed an "imminently
dangerous" act that showed a "depraved" lack of regard for human life.
The charge carries a mandatory sentence of 25 years in prison and a
maximum of life.
The special prosecutor in
the case, Angela Corey, has refused to explain exactly how she arrived
at the charge. But in the affidavit, prosecutors said Zimmerman spotted
Martin while patrolling his gated community, got out of his vehicle and
followed the young man.
Prosecutors interviewed a
friend of Martin's who was talking to him over the phone moments before
the shooting. His parents' lawyer has said that Martin was talking to
his girlfriend back in Miami.
"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."
During a recorded call to a
police dispatcher, Zimmerman "made reference to people he felt had
committed and gotten away with break-ins in his neighborhood. Later
while talking about Martin, Zimmerman stated 'these a------s, they
always get away' and also said 'these f-----g punks,' said the
affidavit, available at http://apne.ws/Itn7Nu .
It continued: "When the
police dispatcher realized Zimmerman was pursuing Martin, he instructed
Zimmerman not to do that and that the responding officer would meet him.
Zimmerman disregarded the police dispatcher and continued to follow
Martin who was trying to return to his home."
"Zimmerman confronted Martin and a struggle ensued," prosecutors said in their account.
The account provided no
details on the struggle other than to say that witnesses heard numerous
calls for help and that Martin's mother reviewed the 911 recordings and
recognized her son's cry.
Zimmerman told authorities
that Martin attacked him as he going back to his vehicle, punched him in
the face, knocked him down and began slamming head against the
sidewalk.
At Thursday's hearing, the
case was assigned to Circuit Judge Jessica Recksiedler, a 39-year-old
former assistant state attorney from Sanford who was elected to the
bench in 2010. Zimmerman is being held without bail at the county jail.
For all the relief among
civil rights activists over the arrest, legal experts warned there is a
real chance the case could get thrown out before it ever goes to trial
because of Florida's "stand your ground" law, which gives people a broad
right to use deadly force without having to retreat from a fight.
At a pretrial hearing,
Zimmerman's lawyers would only have to prove by a preponderance of
evidence - a relatively low legal standard - that he acted in
self-defense in order to get a judge to toss out the second-murder
charges. And if that fails and the case does go to trial, the defense
can raise the argument all over again.
There's a "high likelihood
it could be dismissed by the judge even before the jury gets to hear the
case," Florida defense attorney Richard Hornsby said. Karin Moore, an
assistant professor of law at Florida A&M University, said the law
"puts a tremendous burden on the state to prove that it wasn't
self-defense."
At some point soon, Zimmerman's lawyer is expected to ask the judge for a hearing on "stand your ground."
"It is going to be a facet
of this defense, I'm sure," O'Mara said in an interview. "That statute
has some troublesome portions to it, and we're now going to have some
conversations and discussions about it as a state. But right now it is
the law of Florida and it is the law that is going to have an impact on
this case."
Martin family and their lawyer acknowledged the arrest is just a first step.
"I think that it will start
the process that we are pushing for," said Martin's father, Tracy
Martin, "but we can't just stop because we have an arrest. We got to
keep pushing to get a conviction, and after a conviction we have to
certainly continue to push to get a stiff sentence."
Martin family attorney Ben
Crump said he wants to make the repeal or the amending of "stand your
ground" laws in Florida and other states to be a big part of Trayvon
Martin's legacy. "We're not the wild, wild west," Crump said.
As for Zimmerman, O'Mara
said after the court appearance: "He is tired. He has gone through some
tribulations. He is facing second-degree murder charges now. He is
frightened. That would frighten any of us."
"He has a lot of hatred
focused on him right now," the defense attorney said. "I'm hoping that
the hatred settles down now that we're moving forward."
___
Copyright
2012 The Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten or redistributed.