July 12, 2013

"O'Mara, who has no burden of proof says he will prove that his client is 100% innocent."

"Pretty risky tactic," says TalkLeft.

The closing argument is in progress right now, and even though George Zimmerman's lawyer said that, I can safely predict that when he gets to the end of his 3-hour lecture, he will assert that he has proved that his client is 100% innocent and yet your task as jurors is not to determine whether he's absolutely 100% innocent or even probably innocent or even probably guilty but only whether you have a reasonable doubt that he's guilty.

Surely, once you accept what the burden of proof is, the case becomes easy. I watched most of the prosecutor's closing argument yesterday, and he was acting like a defense lawyer punching holes in Zimmerman's version of the story. He created — in my mind — a reasonable doubt that Zimmerman acted in self-defense.

O'Mara can say: I've just obliterated any doubt Mr. de la Rionda might have created in your minds, and that would be enough for me to win now if I had the burden of proof beyond a reasonable doubt. There isn't even a reasonable doubt that my client acted in self-defense. And yet the prosecutor must prove beyond a reasonable doubt that he did not act in self-defense.

All the uproar about race is overwhelmed by the more mundane criminal process matter of burden of proof. I hope the general public understands that to acquit Zimmerman is not to say that Trayvon Martin is guilty — or even that he did anything wrong. It could be that each man misperceived the other and felt that his life was threatened. I understand the feeling that since Martin paid with his life for that mistake that Zimmerman should also pay, just to square it up. But that feeling can't rule the criminal process.

I hope the media help people to understand that and to calm the turmoil that this case has caused.