http://transcripts.cnn.com/TRANSCRIPTS/1206/04/ijvm.01.htmlJANE VELEZ-MITCHELL
George Zimmerman Back in JailAired June 4, 2012 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
VELEZ-MITCHELL: ... absolutely our responsibility to help. And so today, we can help those on the other side of the world, thanks to social media. Amazing.
And now, tonight, George Zimmerman`s own words helped send him back to jail. Are his recorded conversations with his wife proof that he lied to the court or did he make honest mistakes under the mounting pressure of a second-degree murder charge? You will hear all the details next.
(BEGIN VIDEOTAPE)
VELEZ-MITCHELL (voice-over): Tonight, Neighborhood Watch volunteer George Zimmerman forced back to jail after he`s accused of lying to the judge about being broke. Was Zimmerman speaking in code with his wife in jailhouse tapes to hide $130,000? Is this like the Casey Anthony case, where what happens in lockup doesn`t stay in lockup? Trayvon Martin`s family`s attorney and Zimmerman`s good friend debate it next. And I`m taking your calls.
Plus, did cops catch the Butcher of Montreal? The self-described porn star accused of brutally killing and dismembering his former lover sparked an international manhunt. Tonight, I`ll talk to the "Playboy" Barbi twins, who say they`ve been ignored for years in their battle to catch this monster.
And health guru, Nancy Preston back in our adventure to slim, sharing her secrets on how to snack and still lose weight.
UNIDENTIFIED FEMALE: Zimmerman surrendered yesterday and is now back in jail.
UNIDENTIFIED MALE: He is in custody now; he`s going to remain there.
UNIDENTIFIED FEMALE: A judge revoked his bond Friday, saying he misled the court about his finances and an unsurrendered passport.
UNIDENTIFIED FEMALE: They also accused the couple of speaking in code somehow about the donations from a Web site that he set up.
UNIDENTIFIED MALE: We have the jailhouse calls the defendant made to his wife.
UNIDENTIFIED FEMALE: Doesn`t it tell you where his mindset is: "I can skate. I can just kind of convince them that I`m telling the truth"?
BENJAMIN CRUMP, ATTORNEY FOR TRAYVON MARTIN`S FAMILY: His credibility is the most important thing in this entire case.
UNIDENTIFIED FEMALE: Zimmerman, who had been living in an undisclosed location due to threats on his life, is charged with second-degree murder.
MARK O`MARA, ATTORNEY FOR GEORGE ZIMMERMAN: He`s worried about himself. He`s worried about his wife. He`s worried about his family.
CRUMP: We`ve always believed if the shoe was on the other foot, that Trayvon Martin would have been put in jail on day one, and he would not have been given bail.
UNIDENTIFIED MALE: If this wasn`t relevant to bond, then why did they lie about it?
(END VIDEOTAPE)
VELEZ-MITCHELL: Jane Velez-Mitchell, coming to you live from New York City after a brutal court battle.
Shooter George Zimmerman is back under lock and key tonight as we speak. Take a look at his new mug shot, the second in as many months. Did he sabotage his own case by talking in code with his wife back when he was in jail the first time?
Zimmerman shot and killed 17-year-old Trayvon Martin back in February. After a national uproar, he was finally arrested in April, but he was in jail for only 12 days. He walked out after paying just 15 grand in bail. Now that bond`s been revoked.
Look at this new video of Zimmerman as he turns himself in to police just yesterday. The reason he was sent back to the slammer? Prosecutors say he lied to the judge. As proof, they produced conversations between Zimmerman and his wife, Shelly, where they appear to be talking in code. They were recorded by the state when George was in jail the first time around.
George Zimmerman asked her: "In my account, do I have at least 100?"
His wife responds, "No."
"How close am I?" George asks.
"Eight dollars," says his wife. "Eight sixty."
George says, "Really?" And then asks, "So total everything, how much are we looking at?"
His wife responds, "Like 155."
Prosecutors contend when she said "155," she was talking in code and really meant $155,000, which would mean George knew he was rolling in money when he told the judge he was flat broke.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The bottom line is, we believe, and he allege, that the defendant and his wife misled the court.
(END VIDEO CLIP)
VELEZ-MITCHELL: Today Zimmerman`s lawyer wrote, quote, "The failure to disclose these funds were caused by fear, mistrust and confusion. The gravity of this mistake has been illustrated, and Mr. Zimmerman understands he`s undermined his credibility, which he will work hard to repair."
What do you think? Call me: 1-877-JVM-SAYS, 1-877-586-7297.
Straight out to Natalie Jackson, the attorney for Trayvon Martin`s family.
Natalie, George Zimmerman wants a new hearing. He wants to get back out of jail again. Some suspect he will argue, "Well, I really didn`t think the money was mine. I thought it was the defense team`s money, because it was raised for my defense." Will that explanation hold water, Natalie?
NATALIE JACKSON, ATTORNEY FOR TRAYVON MARTIN`S FAMILY (via phone): I`ll tell you, Jane, George Zimmerman, he has a right to file this motion and to ask the judge, appeal to the judge and ask him for a new bond.
The judge in this case, you know, he`s going to -- he`s going to think about George Zimmerman`s credibility. Now, the credibility is just whether or not he`s a truthful person. It doesn`t really go to a bond.
So -- but this case is about the justice system and making sure that everyone gets a fair shake in this justice system. So if we think about it fairly, you know, George Zimmerman and his attorney, they have every right to file for a new bond. However, his credibility has been damaged.
And it`s not -- it`s not truthful or even -- it`s not an honest conversation, as we say that it`s excusable to lie to the court just because you`re scared and mistrustful of the justice system. If that were true, then everybody, you know, who`s ever been done a wrong, and they find themselves a criminal defendant should be able to lie to a justice -- to a judge, and that`s not the way our system works.
VELEZ-MITCHELL: Frank Taaffe, you`ve been George Zimmerman`s neighbor and you are his defender. What do you make of this pretty, I would say, heavy-duty proof that they were talking in code and that, as prosecutors say, he lied to the judge about how much money he had?
FRANK TAAFFE, FORMER NEIGHBOR OF GEORGE ZIMMERMAN: Well, hello, Jane, and think you for having me back on your show.
To answer that question, I didn`t know that -- I heard that they were speaking in code. No, I -- George has never lied to me. And it`s a mistake. Mr. O`Mara clarified it for him. And we have to go according to what Mr. O`Mara is speaking for his client now.
VELEZ-MITCHELL: Well, let`s go at another jailhouse conversation between George Zimmerman and his wife, this one just four days before that absolutely crucial April hearing where George argued through his attorney that he was flat broke.
George: "If the bond is more than 15, pay the 15. If more than 15, pay 10 percent to the bondsman."
Wife: "You don`t want me to pay 100?"
George: "I don`t know."
Wife: "All right. Just think about it."
George: "I will."
Wife: "That`s what it`s for."
VELEZ-MITCHELL: Now, Daryl Parks, Martin family attorney, as well, out of Atlanta, how can they argue that they didn`t really think the money was theirs, because it was being raised for the defense when they are caught on tape discussing whether to use the money?
DARYL PARKS, ATTORNEY FOR TRAYVON MARTIN`S FAMILY: I can`t think they can, Jane. I think that, given what we know and what happened in court there, will tell you the prosecutors clearly saw that knew they had the money and they had other intentions.
VELEZ-MITCHELL: Now listen, when I look at this, I always put my shrink hat on. Michelle Suskauer, you`re a criminal defense attorney and you`ve been known to defend George Zimmerman.
To me, this is part of his psychological dysfunction. We all know he was a cop wannabe. And some would say that he was playing cop when he was walking around toting a gun that night, wondering who belonged, who didn`t belong, as if that was his role which it wasn`t.
And now I think we`re getting a glimpse into his mentality with this speaking in code. It strikes me as juvenile. It strikes me like now the game he`s playing is spy master. And I think it reflects on his lark of maturity.
MICHELLE SUSKAUER, CRIMINAL DEFENSE ATTORNEY: It may reflect on that, but the court is -- the court obviously has expected a lot more and expected a lot of honesty.
But the court has to look at two things, Jane. The court has to look at whether or not Zimmerman is a flight risk and whether or not he is a danger to the community. And I think the court is probably going to address those two issues. And ultimately revisit whether or not he feels, because of that dishonesty, that George Zimmerman is a flight risk.
I think ultimately he is going to potentially set a much higher bond based on the change in financial circumstances and let him get out. Because he did, Jane -- he cooperated. He came and gave statements. And look, when the judge revoked his bond, he came back before the deadline.
VELEZ-MITCHELL: Tonya Acker, attorney, you agree?
TONYA ACKER, ATTORNEY: No, I don`t, I think that there`s really a more disturbing narrative that comes out here. I don`t think that it`s really appropriate to give him credit for finally doing what the law requires.
The night that he killed Trayvon Martin, law enforcement officials told him to go home. He didn`t do that. He then went to court and was required under penalty of perjury, as was his wife, to be honest and truthful before the court. That is nothing -- there`s no exception in the law for lying to a judge because you`re afraid. There is no such thing.
And so he decided again to take the law into his own hands and come up with his own narrative of his finances. And whether or not he`s a flight risk really goes to what his resources are. And until we know what those resources are, you remember: there are a lot of people out there who are willing to give this guy some money, because they think it was heroic. So we`ve got to get to the bottom of that.
VELEZ-MITCHELL: Michelle.
SUSKAUER: You know, I -- this does not change the fact that this is someone who was -- who was tied to the community, who cooperated over and over again with law enforcement, who turned himself in when the court asked him to, who turned -- when law enforcement filed charges, and who turned himself in again.
So I think I agree. I think the court has to get to the bottom of what the finances are but then is going to set a higher bond and let him get out. Because he is entitled to a bond.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
O`MARA: The second passport, which they did not believe they still had, was found and turned over literally within a minute or an hour of him finding it. That came to me; I presented it to the court.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right so, this whole question of whether or not George Zimmerman is a flight risk, which he will obviously have to argue if they have another bond hearing that he is not. But they caught him on tape discussing a second passport with his wife.
George Zimmerman, "Do you know what? I think my passport is in that bag."
Wife: "I have one for you in the safety deposit box."
George Zimmerman: "OK, you hold on to that."
Wife: "For you."
So they`re going to have to figure out whether that conversation was an attempt to keep from the court the knowledge of a second passport or, as Mark O`Mara, Zimmerman`s attorney, Contends, "Oh, no, nothing to see here. He handed it in. "I accidentally held onto it for a while longer than I should have before handing it back to the court.
Let`s go to the phones. Hi, Christine.
CALLER: Yes, hi, Jane. I love your show.
VELEZ-MITCHELL: Thank you.
CALLER: You know, George Zimmerman has shown no, you know, compassion or truth for the law at all. From the beginning. If he had listened to the officers from the beginning and not gotten out of his car, this would never have happened.
I live in Florida where we have the law stand your ground. To me, that -- you know, he did not stand his ground. He went after this young man. To me his credibility is just shot. He lied. I believe everything that he said has been a lie. And now the money.
VELEZ-MITCHELL: Well, you make a very good point about credibility. I mean, Mark Nejame, criminal defense attorney, HLN legal analyst, Mark O`Mara, his attorney, wants another bond hearing. Well, Benjamin Crump, the attorney for Trayvon Martin`s family, one of them, he says, "We`re going to make sure that George Zimmerman and his wife are put on the stand and grilled." Couldn`t that be devastating for the defense?
MARK NEJAME, HLN LEGAL ANALYST: Absolutely. I am not in any way, shape or form convinced that having a second bond hearing serves Zimmerman well. Zimmerman already took the stand at his first bond hearing, which I (ph) didn`t agree with. And now to have another statement lined up could be devastating down the line.
And if the judge does give a bond, it`s going to be entirely within his discretion. You could end up losing that hearing very easily. The judge could easily conclude that storing $115,000 and not telling anybody about it, puts somebody at risk of flight.
So having a very good chance of losing the hearing or having a million-dollar bond or something along those lines granted. But then the cost being you get out for a few months, but you`ve got statements there that can be used forever more as you`re preparing for a trial of this magnitude. I`m not sure it`s not best just to sit in jail and wait it out and not put yourself at risk by not having those statements.
VELEZ-MITCHELL: Well, Tonya Acker, what`s interesting is that Mark O`Mara had said, shortly before this whole brouhaha over the bail being revoked, he said, "Well, you know what? We`ve waived speedy trial. This is going to take months. It`s not going to be until 2013 that this is probably going to go to trial."
Now if he`s stuck in jail, is he going to reevaluate that? Because now, his client is going to be possibly stuck in jail for all of those many months, maybe even years before we get to trial.
ACKER: That`s right, Jane, and I think that he may be stuck with that. And again, you know, remember: part of the reason that Zimmerman gave for this -- I`ll just be candid -- I`m sorry, I`ll be kind, this lack of candor to the court is that he was afraid that his life was in danger. You know, he`ll be very safe in jail. It`s very possible -- he`s in protective custody now.
Some might say that he`s safe never jail than he would be out on the streets. So if truly his concern is his safety, if that`s the reason that he lied to the court, then maybe he`ll be fine being in jail until he goes to trial.
VELEZ-MITCHELL: Well, Frank Taaffe, you`re his friend. Do you think he`s going to be cool with being in jail for however many months or years it takes?
TAAFFE: He`s not going to be stuck in jail. And I agree with Mark Nejame totally. I have a problem with this credibility issue. What I have a problem with is that Mr. Crump has been throwing this credibility issue out there. And I don`t know how many times he`s punched people in the nose with that one.
But I`ve got a real problem with Deedee (ph). Because Deedee (ph) gives the farm away. At 9 minutes and 40 seconds, with her testimony to the state attorney, she asked Trayvon to run. Trayvon says, "I`m not going to run."
(COMMERCIAL BREAK) (BEGIN VIDEO CLIP)
SYBRINA FULTON, MOTHER OF TRAYVON MARTIN: Our son is your son. And I want you to guys to stand up for justice and stand up for what`s right.
(END VIDEO CLIP)
VELEZ-MITCHELL: Because of the emotion and many other factors, many are comparing this case to Casey Anthony. And that case had a slew of jailhouse tapes which came out during the trial, like this one.
(BEGIN VIDEO CLIP)
CASEY ANTHONY, ACQUITTED OF MURDER: Could someone -- come on!
CINDY ANTHONY, CASEY`S MOTHER: Casey, come on, sweetheart. Settle down, honey.
CASEY ANTHONY: Nobody`s letting me speak. You want me to talk, then...
CINDY ANTHONY: All right. I`ll listen.
CASEY ANTHONY: ... give me three seconds to say something. I`m not in control over any of this, because I don`t know what the hell`s going on.
(END VIDEO CLIP)
VELEZ-MITCHELL: Even Casey Anthony knew the tapes could be used against her. I mean, George Zimmerman was a cop wannabe. You`ve got to wonder how he could make such an amateur mistake to think he could talk in code in jail and nobody would catch him.
Even Casey Anthony didn`t make that mistake. She was very, very clever in telling her parents: "Don`t say this, don`t say that, don`t say anything."
Mark Nejame -- Frank Taaffe, George Zimmerman`s defender, or so both of you, said, "Oh, I agree entirely with Mark Nejame. George Zimmerman should be let out on bail," but you don`t agree with Frank Taaffe.
NEJAME: Yes, I was a little confused with that. I think that it behooves Mr. Zimmerman to stay in jail, rather than subject himself to cross-examination at the time of a bond hearing.
He`s already made one statement at his earlier bond hearing. He`s given several statements, apparently, to law enforcement. And he`s going to be literally in the fight of his life at the time of trial. I don`t see a benefit on a cost-benefit basis to letting him out of jail.
But...
VELEZ-MITCHELL: Frank.
NEJAME: And if there is a bond, it`s going to be an outrageous, a billion dollars or so, I would imagine. So I don`t understand why he would want to get out of jail.
VELEZ-MITCHELL: OK, I hear you Mark -- Frank.
TAAFFE: I agree in part with Mark. You ask me, should he get out of jail? Yes. But you know, once again Mark is sharing his legal expertise as to, you know, it could be quite devastating to George. And of course we`re looking out for his best interests. And of course, that`s why he has Mr. O`Mara as his legal expert defending him.
I just wanted to share that, even if it is a million dollars, you know, 10 percent of that is 100,000. And we know he has at least 100,000. So if Judge Lester does allow him another bond, and it is a million dollars, it satisfies both teams.
VELEZ-MITCHELL: All right. Tonya Acker, your response to that -- Tonya?
ACKER: I think that he clearly has 10 percent of a million dollars. I mean, that`s one of the things that he allegedly misrepresented to the court.
And just really quickly, Jane, I want to go back to -- I think it`s Frank`s point about how he gave the farm away, because Trayvon didn`t run. The last I heard, unarmed people who are abiding by the law in the United States of America don`t have to run from people who are pursuing them when the law enforcement officials have already told those pursuers to stand down.
So I think it`s really interesting in this case how we`ve sort of flipped notions of justice and liberty on their head. We really have.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
O`MARA: If deception was their intent, why did they disclose it to me the first day that it was discussed?
CRUMP: A lie is a lie and that`s what the court has to determine.
O`MARA: I don`t think they believed that they had free access to that money, and I think that was evident by the way they used it and didn`t use it.
CRUMP: His credibility is the main thing here, because it is only his version of the facts that say Trayvon Martin attacked him.
(END VIDEO CLIP)
VELEZ-MITCHELL: Tonight George Zimmerman is back behind bars. The prosecution said this guy lied. We`re going to show you some video of him turning himself in yesterday. This is video of him when he was at court being actually the first time we saw him in court. This is video of him turning himself in last night. You see he`s put on some weight there. His hands locked behind him.
The question is, will he get out on bail again? His attorney wants another bond hearing, where he can argue, "Oh, judge, it was all a big misunderstanding. He didn`t really lie. Let him out of jail." Trayvon Martin`s family says not so fast.
(BEGIN VIDEO CLIP)
CRUMP: If Attorney O`Mara files the motion, then the stage is set for George Zimmerman and his wife to have to take the witness stand and attempt to explain what the state attorney was blatant lies to the court.
(END VIDEO CLIP)
VELEZ-MITCHELL: Recently, these photos of George Zimmerman, his apparently broken nose and his bloody head came out. A lot of people thought, wow, the defense was gaining speed and had the momentum.
But now, it is evident that George Zimmerman was speaking in code with his wife when he was in jail the last time. You`ve got to wonder if that could be a debacle for the defense, especially if they decide, "Yes, we will have another bond hearing" and Zimmerman is taken to the stand and grilled by prosecutors about whether or not he was lying.
Daryl Parks, Martin family attorney, do you think if there is another bond hearing, your side will get its way and George Zimmerman and his wife will have to take the stand?
PARKS: We feel very strongly that the only way they can explain what happened here is for the both of them to take the stand and explain the conduct that the prosecution has alleged against them.
VELEZ-MITCHELL: Now, what about Frank Taaffe`s comment that well -- I assume he was talking about Trayvon Martin`s girlfriend who was on a cell phone talking to Trayvon shortly before he was gunned down by George Zimmerman, what about Frank Taaffe`s comment that "she gave away the farm" -- I`m not sure exactly what that means -- because she revealed allegedly, purportedly -- I don`t know, but this is what Frank`s claiming -- that Trayvon said "I`m not going to run."
PARKS: I think Mr. Taaffe has it totally wrong. It`s rather clear here that we have the phone records to corroborate what the young lady says and her statement to the prosecutors that clearly lays out what happened in the last few minutes of Trayvon`s life. So I don`t think she`s totally on point and will be a great witness for the prosecution in this case.
VELEZ-MITCHELL: Well, Frank, your response?
TAAFFE: Witness for the defense. She`s going to be a great witness for the defense. Because, you know, she lays down the smoking pipe, if that`s what you want to call it. Because it`s exactly 110 yards and I heard it and so did a lot of my other colleagues. They heard her say "Trayvon, why don`t you run." He says "I`m not going to do that." "Why?" "Because I`m next to my daddy`s house." I wish you would review that, Daryl.
He has no duty to run.
(CROSSTALK)
PARKS: No duty to run, whatsoever. He`s free to go wherever he wants to do and that`s what he was doing.
TAAFFE: Daryl he had no duty to run because he was already next to his dad`s house. If he had to go home, all he had to do was open the door. It`s 110 yards from his dad`s porch --
PARKS: Well, let`s remember something here.
TAAFFE: I`ve walked it. It`s 30 yards from where George parked to where the shooting took place and it`s 110 yards from that spot to the back of his house.
VELEZ-MITCHELL: Well, wait a second. Hold on a second.
Are you trying to suggest that that`s proof that Trayvon Martin turned around and went after -- I`m trying to figure out what your point is?
TAAFFE: Absolutely. Unequivocally yes.
VELEZ-MITCHELL: All right. Daryl? Daryl?
PARKS: Jane, that makes no sense. Seriously the evidence --
(CROSSTALK)
VELEZ-MITCHELL: Hold on. One at a time -- one at a time. It`s Daryl`s turn.
PARKS: The evidence is rather clear. I mean it`s clear as it can be.
TAAFFE: That evidence supports the --
PARKS: No sir, I`m sorry. It`s rather clear George gets out of the car, he`s talking on there with the dispatcher. He`s walking behind Trayvon. Trayvon`s on the phone. The phone record clearly lays it out. They get between the buildings. Various witnesses see them.
So Taaffe, I`m sorry, I`m so sorry.
VELEZ-MITCHELL: All right. Michelle Suskauer, you`re a criminal defense attorney out of Palm Beach, Florida. You see the intensity of this case and now we have the real George Zimmerman.com. That raised $135,000 in donations within a few weeks of going up. That site`s been taken down.
Now there`s a new site where his defense team is actually putting out news releases while at the same time asking for donations. And I was studying this Web site today and some reports claim a ton of money is starting to pour in again. A, could George Zimmerman become some sort of millionaire and B, is it appropriate for a defense team in a criminal case to be issuing news releases and raising money on the same site, Michelle?
MICHELLE SUSKAUER, CRIMINAL DEFENSE ATTORNEY: Again, there`s spin that`s going out on both sides, on all sides. There`s no gag order, so -- and there`s been so much PR damage that was done to George Zimmerman from the get-go, from the very beginning, from the top all the way down.
So I don`t think that there`s anything wrong with that unless or until the judge puts a stop to it and there is says no more. You know, Jane, there`s free speech in this country.
(CROSSTALK)
VELEZ-MITCHELL: Natalie, I want to get your response; Natalie Jackson, Martin family attorney.
NATALIE JACKSON, MARTIN FAMILY ATTORNEY: We were talking about this - - we should be talking about the law. I want to say that one thing that I don`t think is made clear, is that George Zimmerman he has a non-bondable offense. So when we`re talking about the bond -- he`s not entitled to a bond like other offenses.
And if we`re talking about raising funds or whatever, that`s perfectly up to the people who want to donate to George Zimmerman. However we have to be responsible in the messages that we are sending.
You know, the messages that are coming out, that are coming from people who are talking about this, including everyone in this case is that you`re justified in pursuing and killing a teenager who`s doing nothing wrong because he scared you. And if you shoot him, make sure to shoot and kill him so he can`t tell his story. And now it`s excusable to lie to a court if you`re scared and you`re mistrustful.
Those are not the things we should be talking about when we talk about our legal system and what is happening in our legal system.
VELEZ-MITCHELL: And we have to leave it right there.
Thank you, fantastic panel.
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