The judge who will be handling the Trayvon Martin case and George Zimmerman's second-degree murder trial says she has a potential conflict of interest.
Judge Jessica Recksiedler told attorneys Friday that her husband works in attorney Mark NeJame's office. Nejame, who is an analyst for CNN, was originally approached by George Zimmerman to represent him, but NeJame turned him down and referred him to attorney Mark O'Mara.
However, since Recksiedler's husband works with NeJame, it could be a potential conflict of interest.
She told attorneys that if they want to file a conflict of interest motion, they can do so by next Friday, when the judge will consider a bond motion for Zimmerman.
Zimmerman spends second night in jail
Zimmerman, the neighborhood watch volunteer who shot and killed Trayvon Martin in February, has spent his second night in jail after making his first appearance before a Seminole County judge Thursday afternoon.
Zimmerman's formal arraignment will be on May 29. Zimmerman pleaded not guilty.
It's the start of what could be a long legal process in the wake of the second-degree murder charges against Zimmerman, who has claimed he shot the 17-year-old in self-defense.
Zimmerman turned himself in Wednesday in Jacksonville. He was brought to the Seminole County Jail that night, riding in the back of a black SUV.
Zimmerman's new attorney has been trying to figure out what's best for his client.
The Orlando attorney said he spoke to Zimmerman on the phone for about an hour Wednesday. Attorney Mark O'Mara's advice to Zimmerman: To stay calm and listen to him.
"He is troubled by everything that has happened," said O'Mara. "I cannot imagine living in George Zimmerman’s shoes for the past few weeks. Truly, it must be frightening not to be able to go into a 7-Eleven or into a store, and literally be a prisoner wherever he was. So that would trouble all of us. There are a lot of issues and a lot of emotions, and we need to calm this down.
"[Zimmerman's] facing a second-degree murder charge. He's frightened, that would frighten any one of us," O'Mara said.
O'Mara said he is glad his client is now with law enforcement to keep him safe.
Now that Zimmerman has been arrested, O'Mara said he hopes emotions will calm down in Sanford and elsewhere, and they can start letting the facts and evidence do the talking. He says the way the evidence has come out in the case has exacerbated the fervor surrounding it.
"My concern, before i was involved in the case, was that this matter is being handled in a piecemeal fashion," O'Mara. "And whether it was police, law enforcement, defense, other witnesses, people who wanted to be involved in the case, people who saw things. And what happened is I liken it to a picture that you have as a puzzle, and when you throw out three or four pieces and you cannot get a picture of it."
Affidavit of Probable Cause released
A newly-released affidavit accuses George Zimmerman of "profiling" Trayvon Martin, confronting Martin first and shooting him in the chest.
The affidavit was released by the State Attorney's office and explains why Angela Corey and her team believe there is probable cause to charge Zimmerman with second-degree murder.
The affidavit retraces the events of Sunday, February 26, when George Zimmerman spotted Trayvon Martin walking through the Retreat at Twin Lakes community in Sanford. The document utilizes information from the 911 tapes, and a phone call Trayvon Martin made to a friend.
The document says Martin was on his way back to the townhouse he was living at when he was "profiled by George Zimmerman." It does not specifically state that Zimmerman racially-profiled Martin. The document says Zimmerman "assumed Martin was a criminal."
"Zimmerman felt Martin did not belong in the gated community and called the police. Zimmerman spoke to the dispatcher and asked for an officer to respond because Zimmerman perceived that Martin was acting suspicious. The police dispatcher informed Zimmerman that an officer was on the way and to wait for the officer."
The document also said that the police dispatcher told Zimmerman not to pursue Martin, who by this point was trying to run home because Zimmerman was following him. It says Martin "disregarded the police dispatcher and continued to follow Martin who was trying to return to his home."
The document also says Zimmerman confronted Martin, which contradicts the account of events given by Zimmerman's supporters and his former lawyers, who say Martin confronted Zimmerman at Zimmerman's car.
At the end of the affidavit, it says that the facts "are not a complete recitation of all the pertinent facts and evidence in this case but only are presented for a determination of Probable Cause for Second Degree Murder."
Legal Expert Explains Significance of Affidavit
In a few short paragraphs, prosecutors told the story of what they believed happened between George Zimmerman and Trayvon Martin.
Legal Expert Attorney Alisia Adamson said people following the case should not be alarmed that the probable cause court affidavit that was used to arrest George Zimmerman for second degree murder was only two pages.
“I think a lot of people are confused, they're thinking 'how can he be charged with second degree murder with a couple of paragraphs,' just know that the probable cause affidavit doesn't have to outline everything that the prosecutors plan to use during the trial. It's a very short statement that gives them enough to arrest for probable cause,” Adamson explained.
Meanwhile, Special Prosecutor Angela Corey's office is confident they have all the evidence they need to get a second-degree murder conviction.
“We charged what we thought was appropriate and that's what we're going to rely on and we'll leave it at that. Again, we look forward to presenting this case in a courtroom of law,” said Assistant State Prosecutor Bernie de la Rionda, who spoke on behalf of Angela Corey's Office on Thursday.
Adamson assessed the probable cause affidavit as “short, succinct and to the point.”
However, some key words like “profiled” and “confronted” stuck out in the narrative.
“I think it's important because they're charging him with second-degree murder, which there has to be a depraved mind,” Adamson added.
Adamson continued that proving Zimmerman had a depraved mind means the prosecution needs to show and prove Zimmerman had evil intentions.
Meanwhile, Adamson believes the prosecution will rely heavily on neighbors testimonies because the case does not appear to have a significant amount of physical evidence.
“Unfortunately the only true eyewitness that saw everything from beginning to end, there's George Zimmerman and then there's Trayvon Martin. So unfortunately there's only one person that saw everything from beginning to end and whether or not the judge or the jury decides to believe George Zimmerman is up to them,” Adamson pointed out.
Adamson concluded that even if Zimmerman is found not guilty of second-degree murder, he could still be found guilty of a lesser charge like manslaughter.
Attorney: Mother's statement clarified
The attorney for Trayvon Martin's parents is clarifying a statement they made Thursday morning on NBC's "Today" show.
Appearing on NBC's "Today" show Thursday morning, Tracy Martin and Sybrina Fulton said they believe the shooting was a situation that just got out of control -- an accident.
However, attorney Benjamin Crump issued this statement Thursday from Sybrina Fulton, Martin's mother:
"Earlier today, I made a comment to the media that was later mischaracterized.
When I referenced the word 'accident' today with regard to Trayvon's death, in NO way did I mean the shooting was an accident. We believe that George Zimmerman stalked my son and murdered him in cold blood. The 'accident' I was referring to was the fact that George Zimmerman and my son ever crossed paths. It was an accidental encounter. If George Zimmerman hadn't gotten out of his vehicle, this entire incident would have been avoided.
My son was profiled, followed and murdered by George Zimmerman, and there was nothing accidental about that."
Trayvon's parents said they are just happy George Zimmerman was arrested and is in the hands of the justice system.
They also said they would understand if Zimmerman was found not guilty.
"Even if the news that he may be found not guilty, we want him to be held accountable for what he's done," said Fulton. "Him not being arrested, that would not have been done. We are happy he was arrested, so that he can give his side of the story."
Still, the Martin family said they believe Zimmerman pursued Trayvon after a police dispatcher told him not to over the phone.
Can Zimmerman get a fair trial?
George Zimmerman's new lawyer said his client is obviously troubled by his arrest.
Mark O'Mara also said Zimmerman was stressed, tired and surprised by the severity of the charges against him.
Speaking Thursday morning on ABC's "Good Morning America," O'Mara said he believes special prosecutor Angela Corey brought the highest charge she could, and he will deal with that going forward.
O'Mara also talked about the chances of getting a fair trial in Seminole County:
"I think if the trial would be held today, it would be extraordinarily difficult. Sometime between now and an eventual trial date, should it occur, things will calm down and the community will let us do our job."
O'Mara said Zimmerman could not walk down the street without fear of reprisal.
Does 'Stand Your Ground' apply?
Florida state Attorney Angela Corey, the special prosecutor handling the Trayvon Martin case, said Zimmerman's claim that he had a legal right to shoot Trayvon Martin does not mesh with the facts.
Looking beyond his first appearance Thursday, a pretrial hearing could be called to see if Florida's "Stand Your Ground" law applies in this case.
If a judge rules it does, Zimmerman could be acquitted without even having to stand trial.
Zimmerman's family, along with his attorney, Mark O'Mara, maintain he was physically threatened by Trayvon Martin, and under "Stand Your Ground," he had the right to open fire in self-defense.
But Corey appeared to be confident she has enough evidence to show that was not the case.
"This case is like many of the shooting deaths we've had in our circuit," said Corey. "If 'Stand Your Ground' becomes an issue, we fight it, if we believe it's the right thing to do. So if it becomes an issue in this case, we will fight that affirmative defense."
Some unanswered questions: Where would the trial happen, and would the jury be selected in Seminole Count?
"I don't think a case like this should be tried here, and it's not going to be," said O'Mara. "I don't think the prosecutor is going to try it before cameras, and I'm very glad to hear that."
Florida has one of the nation's most expansive open meeting laws, and most court proceedings are open to being televised.
If Zimmerman is eventually convicted of second-degree murder, he could face life in prison.
Corey chose to bypass taking the case to a grand jury, forfeiting the option of charging Zimmerman with first-degree murder, which would have carried the death penalty.
Sanford takes case information off website
All the evidence for the Trayvon Martin case that was on the city of Sanford website is now gone.
Sanford had kept documents, 911 calls and other items related to the Trayvon Martin case online for everyone to see. However, within hours of George Zimmerman being charged with second-degree murder, the city says State Attorney Angela Corey asked that all that information be taken down.
The city put the following statement on the website:
"The office of the State Attorney, 4th Judicial Circuit, State Attorney Angela Corey has requested that the City of Sanford remove all reports, videos and audio pertaining to the Martin/Zimmerman case from the website. Their office has provided legal justification for the action and they believe further access to the information will have an adverse effect on their efforts to come to a resolution to this investigation."