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quarta-feira, 6 de junho de 2012

George Zimmerman back in jail for lying over finances

AP  JENNIFER KAYMIAMI -- George Zimmerman's attorney says he expects to file a motion Monday seeking a new bond hearing for Trayvon Martin's shooter, who surrendered to authorities in central Florida after a judge revoked his bond.

Wearing a button-down checkered shirt, blue jeans and sneakers, a handcuffed Zimmerman was escorted by two deputy sheriffs from a white minivan into the Seminole County jail Sunday afternoon. He did not answer shouted questions from reporters as he was led inside the jail to be booked, photographed and processed.

The former neighborhood watch volunteer is charged with second-degree murder in the fatal shooting February of Martin, an unarmed black teenager, in a gated community in Sanford, outside Orlando. Zimmerman has pleaded not guilty, claiming he acted in self-defense.

Defense attorney Mark O'Mara carefully chose his words in addressing his next move before Circuit Court Judge Kenneth Lester, who on Friday said he believed Zimmerman and his wife had lied to the court in April about their finances to obtain a lower bond.

"He is in custody now," O'Mara said of Zimmerman, 28. "He's going to remain there until we get back before Judge Lester if and when he grants us a bond hearing. It sounded like he might consider it. But that is going to be based upon the motion itself."

O'Mara went on to say Sunday that he thinks the defense "explanation, or apology if it is, should go directly to the person who deserves it, in this case that is Judge Lester."

"Again, (we are) just hoping that the judge will give us an audience so we can further explain away why what happened seems to have happened," O'Mara said.

The judge on Friday gave Zimmerman two days to surrender, and about 40 minutes before the 2:30 p.m. Sunday deadline, the Seminole County jail website listed Zimmerman as an inmate. He was being held without bail and had $500 in his jail account, the website showed. A new booking photo showed a clean-shaven Zimmerman, with a fuller head of hair than the crew cut he sported in his April booking photo.

Seminole County Sheriff Donald Eslinger said Zimmerman turned himself in to two sheriff's deputies around 1:25 p.m. near the jail, and was then driven there.

"He is quiet and cooperative," Eslinger said at a news conference after Zimmerman's surrender.

The sheriff's office said Zimmerman would be in a cell by himself, separated from the general population, because the case is so high-profile. Zimmerman will not have access to a TV.

Prosecutors said last week that Zimmerman and his wife told the judge at a bond hearing in April that they had limited money, even though he had raised about $135,000 through a website set up for his legal defense. They suggested more has been collected since and deposited in a bank account. Defense attorneys say the matter is a misunderstanding.

Zimmerman, who was charged in April in the death of the 17-year-old Martin, was ordered by a judge Friday to return to jail. Zimmerman had been staying at an undisclosed location for his safety.

The judge said Friday he would schedule a hearing after Zimmerman was back in custody so he could explain himself.

His legal team said Sunday they hope Zimmerman's voluntary surrender will show he is not a flight risk. The money Zimmerman has raised is in an independent trust and cannot be directly accessed by Zimmerman or his attorneys, according to a news release.

Zimmerman maintains that he shot Martin in self-defense under Florida's so-called "stand-your-ground" law because the teenager was beating him up after confronting him about following Martin. Zimmerman had called 911 to complain about suspicious activity. Martin was walking from a convenience store to the home of his father's fiancee in the same gated community where Zimmerman lived.

Legal experts say Zimmerman's credibility could become an issue at trial, noting that the case hinges on jurors believing Zimmerman's account of what happened the night in February when Martin was killed.

Police in Sanford did not immediately arrest Zimmerman, citing the Florida stand-your-ground law that gives wide latitude to the use of deadly force rather than retreat in an altercation if someone believes he or she is in danger of being killed or seriously injured.

Protests were held across the nation, and the case spurred an emotional debate about whether race was a factor in Zimmerman's actions and in the initial police handling of the case. Zimmerman's father is white and his mother is from Peru.

After a special prosecutor eventually brought charges against Zimmerman, he was arrested 44 days after the killing.

Zimmerman's wife, Shellie, was asked about the website at the April bond hearing, but she said she didn't know how much money had been raised. The judge set bail at $150,000. Zimmerman was freed a few days later after posting $15,000 in cash - which is typical.

Prosecutor Bernie De la Rionda complained Friday, "This court was led to believe they didn't have a single penny. It was misleading and I don't know what words to use other than it was a blatant lie."

The defense countered that Zimmerman and his wife never used the money for anything, which indicated "there was no deceit."

Benjamin Crump, an attorney for Trayvon Martin's parents - Tracy Martin and Sybrina Fulton - said his clients have always said Zimmerman should remain in jail until trial.

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trayvon martin, george zimmerman, shooting, trial, u.s. & world news

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sexta-feira, 18 de maio de 2012

Clemens accuser admits initially lying about steroids

AP  FREDERIC J. FROMMERWASHINGTON -- During another seven grueling hours of cross-examination that frustrated all sides, Roger Clemens' accuser explained the evidence he kept in a beer can - and why his story about it has changed.

Brian McNamee was on the stand Thursday for a fourth day in the perjury trial of the seven-time Cy Young Award-winning pitcher, holding firm to his testimony that he injected Clemens with steroids from 1998 to 2001 and human growth hormone in 2000.

But Clemens' longtime strength coach again conceded that his memory of some details has evolved over the years, and that he initially told some lies during the drugs-in-baseball investigation conducted by federal agents and former Sen. George Mitchell.

Whether the jurors were still keeping track is another matter: They again expressed concern about the agonizingly slow pace of a trial that still has weeks to go, and the judge opined that Clemens' lawyer was "confusing everybody."

"At this pace," U.S. District Judge Reggie Walton said, "I'll guess we'll be here forever."

Clemens lawyer Rusty Hardin tried to exploit McNamee's inconsistencies, even if it meant taking the case far afield from the principle issue of whether Clemens actually used performance-enhancing drugs. The former baseball star is accused of lying when he testified to Congress in 2008 that he never used steroids or HGH.

The day's testimony ended at a tantalizing moment. After some 19 hours on the stand, McNamee was being challenged by Hardin over the needle and other waste kept in a Miller Lite can after a steroids injection McNamee said he gave Clemens in 2001. The government is expected to show the waste contains Clemens' DNA.

McNamee indicated to Congress in 2008 that he kept the evidence primarily because he was starting to distrust Clemens, but he told the jury earlier this week he kept it because his wife had starting nagging him to do something to protect himself from being a fall guy in case he ever got caught.

McNamee said Thursday he had hoped to keep his wife out of the story. His change of heart came as he and his wife are going through a contentious divorce.

"Now she's involved," McNamee said, "she's got to take responsibility for her action."

McNamee said the beer can came from the recycling bin in Clemens' apartment, while conceding that he'd never seen Clemens drink a light beer. Hardin insinuated that McNamee manufactured the evidence after Clemens' televised denials of steroids use.

"All of a sudden, the person being accused is fighting back," Hardin said, "and you have to figure out some way to save yourself."

Hardin's aim is to portray McNamee as a serial liar, and he appeared to have some success this day.

"Did you ever tell Sen. Mitchell that you injected Roger Clemens approximately four times in the rear over a two-week period in 1998?" Hardin asked.

"That's possible," McNamee answered.

"If you did tell him ... would that be a lie?" Hardin asked.

"Yes, it would," said McNamee, who testified this week that he injected Clemens about eight to 10 times during Clemens' 1998 season with the Toronto Blue Jays.

McNamee again maintained that he had minimized the number of shots to try to help out Clemens.

"I wanted to make it not look like he was a bigger steroids user than he was. ... I never lied about the usage, just amounts," he said.

There were several similar exchanges. Hardin also displayed a calendar to show that a 1998 pool party at former slugger Jose Canseco's house was on a Tuesday; McNamee has always remembered it taking place on a Saturday. McNamee then went back and forth trying to place the date he gave Clemens' wife an HGH shot at the Clemens' home in Texas - switching from the 2003-04 offseason to the 2002-03 offseason.

"I could be confused," McNamee said. "I'm getting handed a lot of dates."

But it's an open question whether the lawyer's scattershot approach - leapfrogging from topic to topic with complex questions that evoke frequent objections from the government - will pay dividends with the jury. A serious trial that could end up sending one of baseball's all-time greats to prison was peppered with exchanges Thursday that sounded more like a situation comedy.

There was one exchange in which Hardin wanted to know why McNamee didn't tip off Clemens after being contacted by federal authorities. McNamee said Clemens never asked.

Hardin: "How could he ask if he didn't know?"

McNamee: "How could I answer if he didn't ask?"

Hardin: "You're serious?"

At another point, when Hardin was switching topics at a fast and furious pace, McNamee turned his palms up and said: "You're going from articles to emails - I'm trying to keep up, man."

Later, as Hardin was trying to pin another lie on him, McNamee responded: "I'm having a problem with the 'lie' thing."

Then, when explaining why he decided to cooperate with federal authorities, McNamee said: "They would have had an opportunity to lock me up for lying." But Hardin mistook McNamee's thick New York accent, thinking McNamee said "life" instead of "lying." Hardin started to make a big deal of the comment until McNamee corrected him.

The sputtering pace of the trial, now in its fifth week, is taking a noticeable toll on the jury. Two members of the panel already have been dismissed for sleeping, leaving 12 jurors and two alternates. Walton emerged from a morning break and said they've been asking again how long the trial will last.

Walton sounded incredulous when the government responded that it had 14 more witnesses to call, which would bring its total to 26. The judge then told the jury that he expects the trial to last through at least June 8.

With the jury out of earshot, the judge said "someone's going to pay the price" for the slow pace, but Walton said he couldn't tell which side it would be. Then he segued into a critique of Hardin's all-over-the-place questioning.

"It's confusing everybody," Walton said, "but I don't think it's making much of a point."

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Associated Press writer Frederic J. Frommer contributed to this report.

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roger clemens, trial, u.s. & world news

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