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The problem is that GZ’s defense is <em>now</em> (in this case) tied to GZ’s story – so they can’t just suggest any plausible theory, they have to hope that the jury will believe that GZ’s own account is plausible.</p>
<p>I get very hung up on some key details of GZ’s story, both in terms of his description of the sequence of events and physical placement of his initial encounter with Trayvon, and the description of his physical movements immediately preceding the shooting. </p>
<p>I can think of a plausible, defense oriented alternative for the start of the fight, but not at the T. If GZ walked down between the houses looking for Trayvon, it’s possible that Trayvon had stopped walking to wait in the shadows to see whether he was still being followed. Then he is standing there when GZ (who he considers to be a “creepy” pervert stalking him) comes up upon him, and TM responds by hitting or pushing GZ defensively – at the site where TM’s cell phone was later found. That’s more consistent with Rachel’s account and physical evidence, and certainly is much closer to the site where the body ended up.</p>
<p>But GZ does not tell that story. There is a good reason he might lie about that – the only explanation for him being in that position would be to admit that he was trying to go after TM (and not looking for a house number). But once having told that lie, he’s stuck to it. I think it’s unlikely that any jury will spend much effort thinking up alternative defense oriented narratives – they are going to figure that the defendant knows what happened, and he’s either telling the truth or not – and figure that if he’s lying, that’s further evidence of guilt. </p>
<p>GZ could testify and try to patch up his story, but then he gets impeached by his prior, firm and repeated statement. Plus he has to explain how his keys and flashlight ended up at the T. So that won’t happen.</p>
<p>Now maybe the jury won’t be bothered by that discrepancy – maybe they will just write it all off to GZ being confused, or think that TM jumped GZ in one location and then dragged him 40 feet down the path to another. But if I am sitting on a jury, then I can’t find GZ’s account “plausible” or even reasonably possible because of the undisputable physical evidence of where TM’s body ended up. </p>
<p>A good prosecutor will try to establish a strong and convincing narrative, closely tied to the physical evidence, and then try to convince the jury that no theory is plausible unless it accounts for the physical evidence – and harp on that. The dead body can’t testify, but it can’t tell a lie either. </p>
<p>If I was defending the case, that is one of the things I would find most worrisome. The other is the claim that TM sat up and said “you got me.” I wonder if the defense can find a credible medical expert to say that is even possible?</p>