Transcripts For CNNW Anderson Cooper 360 20120329 : vimarsan

CNNW Anderson Cooper 360 March 29, 2012



you can decide whether the man in the video looks like someone who minutes before had been in a fight for his life. this police surveillance video begins with george zimmerman being taken out of a patrol car at sanford police headquarters. he's wearing the same red jacket and blue jeans that he was wearing when he came across trayvon martin. now, the police report says he was bleeding from the nose and back of the head and was examined by emts at the scene before being taken in for question. an attorney who consulted with sdplim zim believes that martin broke zimmerman's nose. we have frozen a portion of the video showing his nose and face so you can look more carefully and see if it's consistent with the kind of fight that zimmerman describes. granted, it's surveillance video. it's not up close and the angle obviously could be better. but it's full of clues. here the officer touches zimmerman's sleeve and a few minutes later wipes off his hand. is it blood? that's a question. and then you see here the officer looks at the back of zimmerman's head. he takes a good look at it. he's clearly looking at something. the question, though, is he looking at the kind of injury that comes from somebody slamming someone's head repeatedly into concrete. let's wait for him to look. there he is looking. now, the officer takes a second look and now so can you. finally, zimmerman is taken inside for questioning. we've slowed down the video here so you can take another longer look at zimmerman's face, his head, whether there's blood on his clothing, grass stains even on the back of his jacket. remember, abc news and a local media reporting that a lead investigator that night did not buy zimmerman's story. he wanted to file manslaughter charges but was overruled by the state's attorney. tonight you can see at least a hint of what he saw that night. in he had addition, trayvon martin'sfriend when he says this man behind him again, he come and say this dude look like he about to do something to him. she went on to say, and then trayvon come and said the man is still behind him and then i come and say run. she also said that he was scared. trayvon said this man look creepy, he crazy. joining me is director of the private security group. i guess you looking at this surveillance tape, what do you see in terms of the police procedures? did everything look normal? he was. >> he was obviously in a state of arrest. if he complained of some, i would suspect specially a broken nose, anderson, that the law enforcement agency would have offered him some medical treatment, an emergency room, for example. but i hate to say it in this fashion but the injuries to this individual to me are almost academic at this point because i think if you look at the timeline from when zimmerman contacted the police through 911 and they basically instructed him to stand down and they continued to precipitate contact with this young man and the statement and recording of -- with his girlfriend, trayvon with his girlfriend, he precipitated this. this young man didn't know who he was. the reality of the situation is, zimmerman had no authority to approach him, period. he's not a sworn law enforcement, he didn't have anything to identify him as such. why would anyone just randomly comply with anyone approaching him? >> he had no training, not even in uniform. >> no training, no experience, no identification. and he also was not permitted to carry a weapon in that capacity. in tlflorida, you may have a license to carry a concealed weapon. it's a very liberal state. the minute you want to carry that weapon in an employed state, you have to have a permit to do so. under whose authority did he do this? and quite frankly, if anyone is questioning whether there was anything that precipitated this, must have your head examined. >> his lawyer told us he believed zimmerman had broken his nose and by the time he was actually taken to an emergency room, the wound on the back of his head, which the lawyer said would have needed stitches, had actually begun to heal so they didn't actually put in any stitches. in that video, though, again, it's not good video. it's not a great angle. the lighting's not good. you don't see any indication of blood. >> i saw the video in the waiting room where i was far closer to it than i am in proximity right now and i sd not see any injuries consistent with this alleged struggle that took place. and the other problem he has is that he's alleging that this young man jumped him from behind when there's nothing consistent with the timeline for that evening that would support that. >> the fact that a lead investigator on the case wanted charges to be brought, what does that tell you? >> that someone was on the ball. he looked at this and this guy had used what we consider to be excessive force and he knew that was problematic and he was on the money there, as we all know in hindsight right now. the law enforcement agency dropped the ball on this. actually, the state attorney or investigator. >> right. because the police attorney turned it over to the state attorney to see what charges would finally be brought. >> exactly. >> this is the first video that we've been able to see of george zimmerman from that night. thank you for coming in. >> my pleasure. >> always good to talk to you. >> we always want to talk defense attorney jose baez. also joining us, obviously jose baez won an acquittal in the casey anthony trial. also, marcia clark is joining us. no one wants to make any rush to judgment. there's still a lot we don't know about the facts of this case. looking at the footage as you see it, does anything jump out to you? >> well, i have to agree with your former guest, mr. columbo. i don't see any injuries in this tape, with all of the cave yachts. nevertheless, the injuries described by george zimmerman that made it sound as really he should have been on a stretcher are not apparent in this tape at all. he moves freely. he moves fluidly, not someone that has just been through a beating, someone's whose head has been pounded in the way he described, this is someone that requires immediate treatment. police, when they see somebody in that kind of extreme or trouble, the first thing they do, if only for their own protection, is make sure medical treatment is given because otherwise they can be held accountable for any aggravated injuries that occur as a result of him not being treated for his injuries. it's very significant that, a, he didn't demand medical treatment and, b, the police didn't see a need for it either. that tells you a great deal, even with the angle and lighting that we see. the actions and manner in which this man was treated, his injuries tell you that his injuries could not have been that significant. >> jose, as a defense attorney looking at this tape, what do you see? >> i don't think you can tell much from this tape. this is an after-the-fact situation where at the scene he was spoken to. he might have been cleaned up there. we don't know the extent of what occurred at the scene. whether he was actually looked at by emt. if he was, he was cleaned and put in cuffs and taken away. how often do you see someone get knocked out, perhaps in a boxing match and walk back to the dressing room. this does no his head was bange multiple times -- we don't know if it was on the grass or ground or sidewalk, he seems to be walking pretty fine. we don't know how many hours after the incident or minutes after the incident this is. you wanted to make a point? >> well, obviously if the police arrived on the scene and saw him in a battered condition, profused bleeding, lacerations or contusions to the head, they would have trans forthported hi. procedurally what we do if you refuse to seek medical treatment, we would make note that you did so so we further insulated ourselves. but i don't think there was anything consistent with this individual's injuries from start to finish that lent itself to his story. i think he bit off more than he could chew and was trying to figure out how he was going to employ damage control. >> marcia, is this a tape that would find its way into a trial if there was a trial? >> oh, yeah. most definitely. anderson, this tape, in my opinion, is very impeaching. yes, you can say it was after the fact and other things may have happened. but there is going to be some indication that he refused medical treatment. i'd like to see all of the police reports. the jury will certainly hear what was written in the police reports but the manner in which he's moving, the manner in which the police is handling him would be extremely important to show that he was not beaten. that he was lying when he said he was beating at all. if indeed he is lying. it's very important proof that you can get there. we'll see what ultimately happens with it. in the very begin when this case broke, a lot of us believed, including myself, that police had dropped the ball, let this thing go, had not sur sued all of the procedures to seek his arrest. in fact, they did. it comes out now that the lead investigator came in and said, don't believe him. his story doesn't make sense and wanted to pursue a case against him. so i think that as the information unfolds, we have to leave our minds open to the possibility that what we thought in the beginning of this case is not the way it's going to ultimately develop. >> and, again, it argues for not rushing to judge on either side of this. obviously still photos would have been taken by police officers, right? >> well, obviously at the crime scene there would have been still photography. they would have ripped it off and -- >> would they have taken photos of george zimmerman? >> not necessarily. if he was placed under arrest and formally charged, they would have taken photographs of him. the thing that is interesting and i don't have a full gasp of the state of florida,. they should have charged him with murder because you can always back off that charge. when they charge him with manslaughter, it's a little gray unto itself. as if it might have been an accidental shooting. >> that's what the lead investigator suggested. i want to hear from jose baez in just a second. we have to take a break, though. a lot more to talk about. we we we will be joined by the reporter who broke this story and we'll speak to trayvon martin's girl friend. let me know what this tape. we'll be tweeting. more ahead. 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as long as there are identity thieves, we'll be there. we're lifelock. and we offer the most comprehensive identity theft protection ever created. lifelock: relentlessly protecting your identity. call 1-800-lifelock or go to lifelock.com today. we're getting our first look at george zimmerman in police custody the night he shot trayvon martin. shown first tonight on abc world news, you can see zimmerman getting out of a police squad car. his hands are cuffed behind his back. he's wearing the red jacket that we've heard so much about. a jacket that did not identify him as a volunteer. it's the first opportunity we've had to judge for ourselves if he looks like a man who was beaten in what he described as a fight for his life. trayvon martin's parents have always questioned zimmerman's version of what happened in the moments before he was killed and we've shown you a portion of a tape showing his face and nose. we don't know if it was the sidewalk or the grass or what. he was bleeding from his nose and the back of the head. he was examined by emts at the scene. you can see the officer touching zimmerman's sleeve and then wiping something off. we're not clear what he's going to be wiping off here. the quality of the video is far from ideal. the lighting, angle could obviously be better. he then appears to check the back of zimmerman's head, or the back of zimmerman. and then you can see he does the same -- we've frozen this portion of the video. remember, zimmerman told police that trayvon martin slammed his head into the ground after punching him so forcefully that it knocked him down. finally, zimmerman is taken inside for questioning. we've slowed down the video so you can take a longer look at his face, his head, whether you see any signs of blood on his clothing. trayvon's family doesn't believe zimmerman's family. he calls the language here bs. >> they sahe said that trayvon , knocked him to the ground, got on top of him, put his knees on him and pinned him down, put his left hand over his mouth, told him, shut the f up. and proceeded to beat him with the other hand. zimmerman said -- then says, trayvon was -- i mean, zimmerman was able to unholster his weapon and fire one shot and trayvon fell back and said, you got me. >> tonight we have potential clues in this tape. joining me by phone is matt who got hold of the tape. matt, you also talked to the woman -- the young woman who spoke to trayvon martin on the phone moments before the shooting. what is the most important thing that she told you were. >> she seems to tell a different version than what mr. zimmerman told police. she was on the phone with him, 7:12 p.m. and he was trying to run away from george zimmerman. he talks about this crazy looking man behind him, this white dude following him. he thought he lost her and then he says, this guy is on my tail again. zimmerman says, what are you doing here and the next thing she hears is a skruf fell breaking out, the phone falling to the grass, and then it went dead. she never heard from him again. so her version seems to contrast from what mr. zimmerman said. it seemed impossible for martin to turn around and attack him, knocking him out and then as you mentioned slamming his head on the ground. >> you got hold of this surveillance tape. have you been told anything by police or from any sources about any injuries that george zimmerman may have had or allegedly had? because we've heard prior reports -- >> go ahead. >> the only thing we really know about zimmerman's injuries were from his attorney, craig sonner who said that his nose was broken, back of his head was bloody. there was similar information on the original police report that night. but we never knew the extent of his injuries. we also knew that he never checked into the hospital. he never required stitches for the back of the head. now we can see why because you look at that video and we think we've been able to make out a little bit of a welt on the back of his head but certainly your assessment of this is correct. it doesn't look like someone that was beaten to an inch of his life, or beaten so significantly that he needed to draw his weapon. >> matt gutman, i appreciate you calling in. once again, joining us is criminal defense attorney jose baez, marcia clark, and lou. in terms of what matt said, that you might be able to see a welt on the back of the head, how important do you think this tape will be in any potential trial? >> well, i think the prosecutor would certainly use something like that i think is certainly well after the fact. this is subsequent to him receiving treatment from emt. what's really important here is under the law you actually don't have to sustain these type of injuries. you just have to fare death or great bodily harm. you don't actually have to have great bodily harm to use deadly force in this scenario. so i don't think -- first of all, legally it doesn't seem to be highly relevant. however, it does become relevant if you're trying to prove a circumstantial set of fact. however, you have to take it with a grain of salt, this is well after the incident and after he's well enough to go to the police department. actually, sustaining these types of injuries it's not required under the law. >> it bears repeating again, we don't know the full details of what happened from the time george zimmerman got out of the car until the time that trayvon martin was killed. we don't know exactly what happened yet. but jose raising an interesting point that so much of this case, if it becomes a legal case, what will hinge on what was in george zimmerman's behind? what was in trayvon martin's behind? what was their perceptions? did george zimmerman fear for his life rightly or wrongly but did he have that fear in his mind? those are all things that are very difficult to try to determine in a court of law, you know? >> well, you know, if you're going to look at it in a very literal sense, it's difficult. but when you look at all of the other evidence, it's less difficult. you have two interestingly corroborating pieces of information. number one thing, anderson, you have the 911 call by george zimmerman in which the police ask, are you following him? or he admits that he's following. they say, don't follow him. then you have the girlfriend who gives an account that seems to actually corroborate that 911 tape. the girlfriend says this guy's following me and why does he keep following me and, look, he's tailing me again. and when you put these two things together and apparently in the 911 tape, george zimmerman admits he was following trayvon martin. so now you have two pieces of evidence that corroborate each other showing that george zimmerman was very likely the attacker, was likely the pro vak tear. and under the law you are not allowed to break a law and then claim self-defense. until you have retreated and given out and tried to calm matters and say you were going to lay down arms and then the other person launches an attack. george zimmerman is saying that trayvon martin attacked him but none of the evidence seems to indicate that trayvon martin was the initiate for. all of it, not little pieces, seem to go to the fact that george zimmerman was the initiate for. >> we see george zimmerman in handcuffs. was he arrested? >> yes, he's in a state of arrest. not just when your handcuffed but when the law enforcement deprives your right of free movement, you're under a state of arrest. dealing with the distance the weapon was discharged from trayvon martin. in other words, if a struggle ensued and the weapon is pressed up against the body of the individual is shooting is burn marks. forensics can prove unequivocally the distance in which a weapon was discharged from a person. >> and the angle of the bodies once -- >> absolutely. and that's part of the information that i'm curious that the police department has not been more forthcoming with. i'm curious to know how far he was when the weapon was fired. >> jose, a viewer sent something in to us about a florida statute. says expressly pro hints police from arresting someone who had a reasonable fear of great bodily harm. police may investigate but the agency may not place that person -- arrest that person with probable cause. is that true? do you know about that? >> well, obviously every arrest has to be -- they have to have probable cause. tha

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