Zimmerman tells judge he won't take stand in own defense

George Zimmerman with defense attorney Don West tells judge he won't take the stand / Headline SurferPhoto by Gary W. Green/Orlando Sentinel / Pool / Headline Surfer /

Standing next to his co-defense counsel Don West, George Zimmerman is sworn in by Circuit Judge Debra Nelson Wednesday before informing he will not take the stand during his trial at the Seminole County Criminal Justice Center in Sanford, FL., accused of second-degree murder in the February 2012 shooting death of Trayvon Martin. 

SANFORD -- Perthaps taking a cue from a previous high-profile accused murderer in Casey Anthony who was ultimately found not guilty of killing her toddler daughter, George Zimmerman told a circuit judge Wednesday he will not take the stand in his own defense as both sides prepare for closing arguments today.

After nearly two weeks of testimony, theer appears to be mote questions than answers as to who was the aggressor leading to the fatal confrontation between Zimmerman and the shooting victim, 17-year-old Trayvon Martin by a single bullet that pierced his heart.

And even bigger question is whether the prosecution's case has any real chance of the chance of convincing the all-woman jury of six to render a guilty verdict of second-degree murder against Zimmerman, which would carry a life sentence in prison.

And even before the jury can decide Zimmerman's fate, there will be a charge conference after closing arguments, in which the state could ask for lesser included charges of aggravated manslaughter, which could net him a sentence of 15 to 30 years in prison, if convicted.

The wildcard in such a verdict is the firearms enhancer, which carries a minimum-mandatory of 25 years imprisonment since a gun was used in the killing.

The defense team's argument of self-defense was buttressed greatly by Tuesday's damning testimony by a prominent forensics expert, whose testimony overshadowed that of the medical examiner, whose much-anticipated testimony for the prosecution fell flat.

Markings left on the front of Trayvon Martin's sweatshirt by the bullet that pierced his heart support the seldf-defense claim by George Zimmerman that the victim was on top of him and leaning forward when the fatal shot was fired by the defendant, insisted Dr. Vincent DiMaio, whose testimony dealt a severe jolt to the prosecution, which has struggled from the beginning of the trial to support its claim of second-degree murder.

DiMaio's testimony gives strong credence to Zimmerman's claim of self-defense by Zimmerman to Sanford police that Trayvon Martin was on top of him and beating him with his fists and slamming his head into the pavement.

"The medical evidence is consistent with his statement," DiMaio testified in the packed courtroom Tuesday afternoon at the Seminole County Criminal Justice Center in Sanford.

DiMaio said the pattern of the powder burns indicate the shirt was 2 to 4 inches from Trayvon Martin's chest when he was shot, further buttressing the defense claim that the victim was leaning forward while on top of Zimmerman, otherwise had the shirt been up against his chest, the pattern of powder burns would have been markedly different.

"Mr. Martin was over him, leaning forward," DiMaio told the jurors, making direct eye contact with them, while explaining further, "If you are lying on your back your clothing is going to be against your chest... The clothing is consistent with someone leaning over the person doing the shooting."

With closings, rebuttals and the charge conference expected to take most of the day, the jury conceivably could begin deliberations late today, but the more likely scenario is Friday.

As for the implications of Zimmerman not taking the stand, the jury will be reminded by the judge in final instructions that the defendant is not required to do so and that decision cannot be held against him.