Defense attorney Don West on Thursday described as “outrageous,” a proposal by prosecutors in the George Zimmerman murder trial, that jurors be allowed to consider third-degree felony murder with “child abuse.”
Zimmerman is charged with second-degree murder in the shooting death of 17-year-old Trayvon Martin, an unarmed black teen.
“Oh, my God!” West exclaimed at the proposal. “Just when I thought that this case couldn’t get any more bizarre, the state is seeking third-degree murder based on child abuse?”
“[Prosecuting attorney] Mr. [Richard] Mantei dumped all of this on us around 7:30 this morning, there was an email, ‘Oh, by the way, we’ve changed our lesser included request from aggravated assault to third-degree murder based on child abuse,’” he complained. “And put 10 or 15 cases that obviously he has spent hours if not days, if not, in fact, maybe more than a year plotting for this moment when he can spring it on us and the court.”
“This is outrageous!” he continued. “It’s outrageous that the state would seek to do this at this time in this case.”
But, while West found the state’s proposal outrageous, he didn’t have to worry as Circuit Judge Nelson ruled that third-degree felony murder with child abuse, will be not considered by the jury.
“If I have any doubt, then I won’t give it to the jury,” Nelson ruled.
Prosecutors say, Zimmerman, followed and profiled Martin before fatally shooting him. because he erroneously believed the teen was up to no good.
