Miami Teen Returns to Stand in the George Zimmerman Trial

The friend of Trayvon Martin returns to the stand in the George Zimmerman trial saying she believes the encounter was racially charged. Rachel Jeantel is a crucial witness for prosecutors as she was on the phone with Martin before his fatal fight with George Zimmerman in February 2012.

Jeantel said Martin complained to her that a man described as “creepy” was following him through the community.  Martin said Zimmerman was behind him and she heard him ask: “What are you following me for?”

"He kept complaining that a man was just watching him," Jeantel said.

She heard Martin say, “Get off! Get off!” before the phone went dead.  Jeantel said she thought race was an issue because Martin told her a white man was following him. It has been reported that Zimmerman identifies himself as Hispanic and his family claims the confrontation had nothing to do with race.

Cross-examination continues today, but the major question is whether George Zimmerman will testify. Defense attorney Mark O’Mara says he’s not sure if his client will take the stand.

In an interview on MSNBC, Former U.S. Attorney Kendall Coffey says the prosecution’s strategy will have to prove that there are inconsistencies and falsities in George Zimmerman’s statements.

“We all know that innocent people don't have to lie if someone is caught and trapped in a number of untruthful comments, it strongly indicates guilt…the young woman who was on the cell phone with Trayvon Martin in the final minutes of his life, those could be the major parts of the prosecution's evidence,” said Kendall Coffey.

For the defendant, Former U.S. Attorney Zachary Carter tells MSNBC that Zimmerman’s story must stay consistent. “If he did something at a certain time and you listen to 911 recordings in which certain things actually occurred and you can verify it, on a different timeline that is inconsistent with what he says then you can disparage his story.”

Zimmerman Trial Reaches Final Stages of Jury Selection

Jury selection has narrowed down to 40 finalists in the high-profile trial of George Zimmerman. In a second round of questioning, potential jurors were asked about their attitudes toward gun issues, neighborhood watch groups, and guns.

On MSNBC’s “PoliticsNation” Reverend Al Sharpton spoke with Former U.S. Attorney Kendall Coffey about the make up of the jury.

“I think in a controversial case like this which has an acknowledged racial divide, the composition of the jury is extremely important. And from the standpoint of a verdict that's going to have broad acceptance, the closer it is to represent the demographics to the community, I think the more fundamentally acceptable the verdict's going to be. One of the biggest challenges the judge is going to have in this case is what if the defense begins to use its preemptory challenges to strike African Americans from the jury panel,” said Coffey.

Strike for cause is a method of eliminating potential members from a jury panel. In this trial, each side will get six.

Looking at demographics of Seminole County 66 percent identify as White, Non Latino, 18 percent Latino and 12 percent African American. Despite all of the intense pretrial publicity, Kendall Coffey believes they decided to stay in the same county due to demographics.

“There's a whole process, actually a protocol and formula that Florida uses if either side prosecutor or defense strikes individuals of a special protective group. If that starts to happen in the next couple days, you can expect to see some sidebars. You can expect to see maybe even some fireworks over the issue,” said Coffey.

Reverend Al Sharpton raised the issue of dealing with potential jurors pre-determined opinions. Mr. Coffey said there would be some attempts to renew the challenges for cause on some of the jurors.

“The thing the judge will articulate is to have a fair and unbiased jury to let the defense and prosecution exercise their strikes. But in the back of the judge's mind, if I’m the judge, I want whatever the verdict is. I want a verdict that is going to have public credibility and acceptance. I think that means not only the fairest possible jury, but a jury that has some diversity,” said Kendall Coffey.

Zimmerman Trial Jury Selection

In day three of the George Zimmerman trial, attorneys have interview over two-dozen potential jurors. At least 70 jury candidates were dismissed.

Potential jurors have revealed they’ve had some kind of exposure to the details in the shooting.

The father of Trayvon Martin, the Florida teen who was shot and killed by Zimmerman in February 2012, said his family was encouraged so far by what they had seen in the jury selection.

Former federal prosecutor Kendall Coffey spoke to Rev. Al Sharpton on MSNBC’s “PoliticsNation” to discuss the deciding factors in the jury selection process.

Mr. Coffey said it would be challenging to find people who could be fair and haven’t been influenced by what they have seen already.

 “People that are basically gun owners are going to be much better jurors for the defense. People on the other hand people who just aren’t comfortable with the idea of guns and violence, that think that something has to be done about it, those are going to be the best people for the prosecution,” said Kendall Coffey.

No decision has been made on whether the voice experts can testify about the screams in the 911 call made during the confrontation.

Martin’s family believes it was the teen that was screaming for help, while it was Zimmerman’s father saying it was his son. Audio experts have given mixed conclusions.

Zimmerman has pleaded not guilty to a second degree murder charge, telling police he fired the fatal shot that killed Trayvon Martin in self-defense during a fight initiated by 17-year-old.

Analysis of 911 Call in George Zimmerman Trial

An FBI speech scientist testified in court today that current technology couldn’t determine the voice on a 911 tape being used in the George Zimmerman trial. The recording is a critical piece of evidence to determine who was screaming for help just moments before Florida teen Trayvon Martin was killed in February 2012.

If the screams were Zimmerman’s, it would support his claim of self-defense. If they were Martin’s it would weaken Zimmerman’s claim that he felt his life was in jeopardy when he shot the unarmed victim. Zimmerman says he acted in self-defense after Martin punched him in the face, knocked him to the ground and threatened to kill him.

“It’s a critical piece of evidence for the prosecution,” Kendall Coffey, a former Miami U.S. Attorney, said in a phone interview. “If the prosecution can convince the jury that it is the voice of Trayvon Martin, the jury might conclude that Trayvon Martin is the true victim and George Zimmerman is the killer.”

Coffey believes the prosecution’s strategy would involve following what Zimmerman says and if he is untruthful. For the defense strategy, Coffey believes the best strategy would be to argue that the new technology isn’t sufficient scientific acceptance and expert testimony.

Among the other things the judge has to sort out in this trial, there are other twists and turns. Coffey says the standard for whether you admit evidence based on new technology may be about to change as of July 1 in Florida.

Zimmerman’s trial is scheduled to begin on June 10, but lawyers are in court this week to determine the rules for the proceedings.

George Zimmerman Trial Update

A judge has rejected a motion to delay the second-degree murder trial of George Zimmerman, the man facing murder charges in the death of Florida teenager Trayvon Martin.

According to reports, Zimmerman’s attorneys needed more time to research one of the state’s witnesses. 

Circuit Judge Debra. S Nelson says both sides have had enough time to prepare. Jury selection is set to begin on June 10.

Nelson also denied the state’s third attempt at a gag order on Tuesday as pretrial publicity generated with a court filing by Zimmerman’s attorney. Attorney’s say the teenager’s text messages show he was “hostile” and had been arguing with someone on the day he died.

Judge Nelson ruled that Martin’s text messages and school records are not admissible; however, she left  the possibility open if the defense could show relevance later during the trial.

In an interview on MSNBC’s “Politics Nation,” Former U.S. Attorney Kendall Coffey says Zimmerman’s attorney is attempting to try the case in the court of public opinion.

“It’s inflammatory, it’s damaging, and frankly potential jurors are going to find it very hard to unsee what they are already seeing on television, the Internet and in newspapers,” said Kendall Coffey.

Prosecutor Paul Henderson says the information could be harmful.

“They only reason that they are including it as evidence that they would like to introduce, when they know that it won’t be introduced, is to try to and taint the jury pool, and to try and change public perception with this information that they have.”

In the interview, Coffey and Henderson discuss the role of the 911 tapes in the case.

Watch the rest of the interview here.

Kendall Coffey "Spinning The Law" segment on Newsmax TV

Former U.S. Attorney Kendall Coffey will now appear in a new weekly segment called “Spinning The Law.” The segment which runs on Newsmax TV’s “The Steve Malzberg Show” provides legal commentary and insights on high profile cases just like Coffey’s book also titled “Spinning The Law.”

In the first segment of “Spinning The Law”, Malzberg and Coffey discuss recent comments made by former Supreme Court Justice Sandra Day O Connor over the Florida Election recount of 2000. In an interview with the Chicago Tribune, O’Connor expressed regret over the Bush vs. Gore ruling.

“Obviously the court did reach a decision and thought it had to reach a decision,” she said. “It turned out the election authorities in Florida hadn’t done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day.”

Kendall Coffey said he disagrees with the Supreme Court’s decision but it isn’t a good look for the image of the court to be second-guessing itself. He believes the system has to move on.

“It’s all about accepting and respecting their decisions and accepting finality when it’s a final decision. I appreciate her candor, but I’m not sure if it’s a great thing for the institution of the Supreme Court,” said Kendall Coffey.

Coffey and Malzberg also discuss the possibility of capital punishment in the Boston Marathon bombing case and California’s new legislation that could potentially make non-citizens eligible for jury service.

Watch the rest of the “Spinning The Law” segment here.

Kendall Coffey on the Boston Marathon Bombing suspect

GOP leaders are calling for the Boston Marathon bombing suspect Dzhokhar Tsarnaev to be treated as an  “enemy combatant,” but the White House says Tsarnaev will be Kendall Coffey on MSNBC

Republican Rep. Peter King of New York and GOP Sens. Lindsey Graham of South Carolina, John McCain of Arizona, and Kelly Ayotte of New Hampshire believe it would help authorities gather intelligence.

"By declaring him an enemy combatant, there would be by virtue at least 30 days of unlimited interrogation,” King told MSNBC earlier in the day. King insists once the interrogation is over, Tsarnaev would be tried in a civilian court.

Sen. Dianne Feinstein argues that it would be unconstitutional to do so.

"I do not believe under the military commission law that he is eligible for that. It would be unconstitutional to do that," Feinstein said on "Fox News Sunday."

"Let me say this … one of the great things about America is that we come together at times of trial," said Feinstein. "I very much regret the fact that there are those that want to precipitate a debate over whether he's an enemy combatant or whether he is a terrorist, a murderer, et cetera."

Former U.S. attorney and MSNBC legal analyst Kendall Coffey on Twitter says he agrees with the White House’s decision. Kendall Coffey says you have to be part of an enemy force to be considered an enemy combatant.

“I don’t think being part of a general hatred of the United States is nearly enough…If we start throwing the Constitution out, we’re going to lose the real war for our values.”

"The Obama administration is trying to demonstrate civilian tools are adequate and tough enough to make everybody safe," Kendall Coffey stated, but that has included extending the public safety exception for Miranda rights. Mr. Coffey believes the administration is using this case to establish that “we don’t need to ship everyone down to Guantanamo.”

While liberals and constitutional scholars may not agree, Mr. Coffey said, “the administration may see it as something that’s needed to preserve civilian jury trials.”

Jonathan Turley, a law professor at George Washington University, called Graham’s rhetoric “alarming.” MSNBC’s Chris Matthews asked if he could be swayed by evidence in the future that may possibly show that Tsarnaev is linked to terrorist groups, Turley said “”No. He’s a U.S. citizen. He has presumption of innocence.”