12/03/2012

Defense posts Zimmerman photo from night of Martin shooting

Provided by gzlegalcase.com

George Zimmerman's defense team on Monday posted this photo online, which was taken by a police officer on the night of Feb. 26, 2012.

By NBC News staff and wire services

The defense team for George Zimmerman on Monday posted a high-resolution color photo of the Florida neighborhood watch leader taken by police the night 17-year-old Trayvon Martin was fatally shot.

The Feb. 26 photo, which was previously released as a black-and-white photocopy, was provided as a high-resolution digital file to the defense on Oct. 29.

The shooting took place when Zimmerman encountered Martin, who was unarmed and walking through the Sanford, Fla., neighborhood where his father lives.


Earlier this year, Zimmerman, now 29, pleaded not guilty to a charge of second-degree murder in the shooting death of Martin. In the highly publicized case, which has drawn national attention, Zimmerman maintains that Martin attacked and beat him. In July, he was released from Seminole County Jail after posting $1 million bond. Zimmerman remains out on bail and is in seclusion.

Martin's family has called for a change in Florida's "Stand Your Ground" law, which allows the use of force in self-defense, when there is a reasonable belief of an unlawful threat.

Zimmerman's lawyers posted the following statement about the photo:

"This is a photo of George Zimmerman taken by a police officer on the night of February 26, 2012. A black and white photocopy of this image was provided by the State in the first Discovery. This high-resolution digital file was finally provided to the defense on October 29, 2012. This image was disclosed in the State's 9th Supplemental Discovery.  In accordance with the updates to our media policy that we published on November 13, we will be making all public documents related to the case available on our website, including the rest of the State's 9th Supplemental Discovery as soon as we are sure it has been properly redacted according the the Court's stipulations on protecting information regarding specific witnesses."

A spokesperson for the office of Special Prosecutor Angela Corey did not immediately respond to an email request for comment Monday.

Benjamin Crump, an attorney for the Martin family, did not immediately respond to NBC News' request for comment Monday. However, Crump told Reuters that the photo doesn't add anything new to the case, since previously released evidence showed Zimmerman was hit in the nose during the fight with Martin.

"Trayvon Martin was defending himself. He had every right to stand his ground to defend himself," Crump told Reuters.

On Monday, Zimmerman's defense also filed a motion asking to re-depose police witness William Erwin, the Orlando Sentinel reported.

In October, a judge ruled that Zimmerman's attorneys can subpoena Martin's schools for his discipline records but must keep anything they obtain private. Zimmerman is set to face trial June 10.

Reuters contributed to this report.

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Details in Belcher murder-suicide emerge as families grieve

Frank Eltman / AP

Yamiesse Lawrence, left, and Quaresha Boston, standing next to Lawrence, a cousin and niece, respectively, of Kansas City Chiefs linebacker Jovan Belcher, read a statement to the media in West Babylon, N.Y., on Monday.

By NBC News and wire services

After receiving a call about a disturbance involving an armed person, police officers arrived at the parking lot of the Kansas City Chiefs' practice facility, where they spotted several people. Then one of the people — who turned out to be linebacker Jovan Belcher — spotted police, and moved behind a vehicle.

"From that position Belcher shot himself one time in the head," according to one of two incident reports released by the Kansas City (Mo.) Police Department on Monday. Belcher, 25, was taken to a hospital, where he died.

The reports begin to piece together the events around the apparent murder-suicide by the Chiefs linebacker on Saturday.


According to the Associated Press, police hope to deliver an investigative report to prosecutors Tuesday laying out what prompted Belcher to kill his girlfriend, Kasandra Perkins, who was mother of his 3-month-old daughter, and himself.

"They're moving it along just like any other case," Kansas City police Sgt. Marisa Barnes told the AP. "There's a formal process it has to go through."

Jamie Squire / Getty Images file

Inside linebacker Jovan Belcher of the Kansas City Chiefs watches from the sidelines during his final game, against the Denver Broncos at Arrowhead Stadium in Kansas City, Mo., on Nov. 25.

The other report released Monday recounts police responding to a call reporting a shooting that came in just nine minutes earlier, pointing them to the home Belcher shared with Perkins, 22. Upon arrival, they found Perkins on the floor of the master bedroom, unresponsive and suffering from apparent gunshot wounds. She was pronounced dead at the hospital.

After shooting Perkins, Belcher drove his black Bentley to the practice facility, about 7 miles away, where he spoke briefly to Chiefs general manager Scott Pioli, head coach Romeo Crennel and an assistant coach, before shooting himself. 

Kansas City police spokesman Darrin Snapp confirmed that the gun was one that Belcher had purchased legally.

Snapp also said Monday that Belcher's mother, who had been staying with the couple, was given temporary custody of the couple's daughter, Zoey, the AP reported.

Perkins' family released a statement Monday. They thanked the public for an outpouring of concern and support.

"Our hearts are truly broken for Kasi was a beloved daughter, granddaughter, sister, mother, cousin and friend," the statement said. "At this time we request the media respect our privacy during this difficult time as we grieve for our loved one. Please keep us in your hearts and prayers as well as the Belcher family for two lives were lost."

Perkins was a cousin of Chiefs running back Jamaal Charles' wife, Whitney, and it was through Whitney that she met Belcher, a friend told the AP on Sunday.

Jamaal and Whitney Charles also released a statement.

"Our family has suffered a personal tragic loss...." they said. "Kasandra was not only family, but a friend and a loving mother. As my actual family and my Kansas City Chiefs family have been altered forever, we ask that you keep us and most importantly their child in prayer."

NBC News' Kari Huus contributed to this report.

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Defense companies expect cuts

(CNN) -- Defense company executives conceded on Monday that their industry would likely see billions more in cuts even if Congress reaches a deal to avoid the fiscal cliff.

"We need to stop believing or pretending that there is a scenario out there that offers no defense cuts," said David Langstaff, president and chief executive of TASC, Inc. "The question is whether we make them responsibly or irresponsibly."

The automatic cuts, referred to as sequestration, are set to go into effect on January 2 if the White House and Congress cannot agree on where $1 trillion in federal savings over the next decade should come from.

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The Pentagon's budget would be axed by $500 billion over that time. That would be on top of a similar cut the Pentagon is already committed to achieving.

Langstaff discussed the threat of the looming budget cuts at the National Press Club along with three other defense industry executives: Wes Bush, CEO of Northrop Grumman; David Hess, president of Pratt & Whitney; and Dawne Hickton, CEO of RTI Metals.

The executives would not put a number on the kind of cut the industry could sustain, but said the political uncertainty around congressional negotiations to avoid the most difficult scenario is worse for business.

"The real alternative to automatic defense spending cuts under sequestration is not an indefinite extension of defense spending at current levels," Langstaff said. "The real alternative is a process of strategically targeted, phased and predictable defense spending cuts."

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The group sent a letter signed by more than 130 defense industry executives to President Barack Obama and congressional leaders urging them to find a way to avoid sequestration with less than a month to act.

"We urge you and Congress to join together on immediate, bipartisan action to avert the upcoming "fiscal cliff," the letter stated. "No more pressing issue remains on the national agenda this year."

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House GOP has fiscal cliff counteroffer

  • NEW: The White House rejects the basis of the House Republican plan
  • House GOP leaders call for some revenue, more spending cuts
  • House Speaker John Boehner rejects any increase in tax rates
  • The tax issue has stymied deficit reduction talks for two years

Washington (CNN) -- Negotiations on a deal to avoid the fiscal cliff got a jump-start on Monday with House Republicans offering a counter-proposal to President Barack Obama, but continuing to reject his call for higher tax rates on the wealthy.

The GOP proposal would result in $2.2 trillion in deficit savings over the next decade, including $800 billion from tax reform, $600 billion from Medicare reforms and other health savings, and $600 billion in other spending cuts, House GOP leadership aides told reporters.

House Speaker John Boehner called it a "credible plan that deserves serious consideration by the White House."

House GOP offers fiscal cliff counterproposal

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Carlos Gutierrez on fiscal cliff
Mack: Neither side has credible plan

The move followed a weekend of accusations by both sides that the other was not serious about reaching a deal to avoid the automatic tax hikes and spending cuts scheduled to take effect January 1 -- what is known as the fiscal cliff that economists say will damage U.S. growth.

An initial White House response to the offer, which was contained in a letter from GOP House leaders, said the proposal would increase the tax burden on the middle class while lowering rates for the wealthy.

"Until the Republicans in Congress are willing to get serious about asking the wealthiest to pay slightly higher tax rates, we won't be able to achieve a significant, balanced approach to reduce our deficit," said the statement by White House Communications Director Dan Pfeiffer.

Earlier, White House spokesman Jay Carney made clear that Obama would reject any proposal that extended tax cuts from the Bush administration to the wealthiest Americans.

"He will not sign a bill that extends those tax rates for the top 2%," Carney told reporters. "We can't afford it. It is not a wise economic policy. It's not wise fiscal policy and it would defeat the principle of balance that he has embraced so clearly throughout these negotiations."

A Senate Democratic leadership aide told CNN on condition of not being identified that Republicans must first agree to increased tax rates on the wealthy, saying "don't look for any concessions from the White House until the GOP pulls the Band-Aid off on rates."

The Republican move came as pressure increased for Boehner to hold a vote in the House on a Senate measure that would extend the Bush-era tax cuts for income up to $250,000 for families while allowing rates to return to higher levels of the 1990s on the rest.

Fresh off his re-election victory, Obama demands House passage of the Senate measure, which he says would avoid a fiscal cliff tax hike for 98% of Americans.

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A central theme of Obama's first term and re-election campaign, the plan would increase revenue by almost $1 trillion over 10 years, providing a significant portion of the $4 trillion in overall deficit reduction sought by both sides.

However, Republicans led by Boehner object to any increase in tax rates, even for higher levels of income earned by 2% of Americans.

Instead, the counter-offer Monday proposed $800 billion in deficit savings through tax reform, including raising an unspecified amount of revenue by eliminating tax deductions and loopholes.

The GOP letter noted that the new offer was based on a framework proposed last year by Erskine Bowles, a Democrat and one-time White House chief of staff who co-chaired a deficit reduction commission appointed by Obama in 2010.

"This is by no means an adequate long-term solution, as resolving our long-term fiscal crisis will require fundamental entitlement reform," the letter said. "Indeed, the Bowles plan is exactly the kind of imperfect, but fair middle ground that allows us to avert the fiscal cliff without hurting our economy and destroying jobs. We believe it warrants immediate consideration."

Pfeiffer's response, however, said the GOP plan "includes nothing new and provides no details on which deductions they would eliminate, which loopholes they will close or which Medicare savings they would achieve."

"Independent analysts who have looked at plans like this one have concluded that middle class taxes will have to go up to pay for lower rates for millionaires and billionaires," his statement said.

Bowles later denied any direct connection to the GOP proposal, saying it reflected his view of a middle-ground approach a year ago but that "circumstances have changed since then."

"It is up to negotiators to figure out where the middle ground is today," Bowles said in a statement. "Every offer put forward brings us closer to a deal, but to reach an agreement, it will be necessary for both sides to move beyond their opening positions and reach agreement on a comprehensive plan which avoids the fiscal cliff and puts the debt on a clear downward path relative to the economy."

The tax fight continues to stymie congressional negotiations on reducing chronic federal deficits and debt. This time, the public brinksmanship comes with a looming year-end deadline for the fiscal cliff.

Without a deal, taxes for everyone go up on January 1 when the Bush tax cuts are set to expire.

"Nobody wants to raise taxes on the middle class, and there the president's got a lot of leverage," noted CNN Chief Political Analyst Gloria Borger.

For the GOP, an agreement must include major reforms of entitlement programs such as the Medicare and Medicaid government-run health care programs for senior citizens, the disabled and the poor.

On Sunday, House Democratic leader Nancy Pelosi threatened a procedural move that would, at the least, require Republicans to publicly state their opposition to avoiding the fiscal cliff tax hike on everyone.

"If Speaker Boehner refuses to schedule this widely-supported bill for a vote, Democrats will introduce a discharge petition to automatically bring to the floor the Senate-passed middle class tax cuts," Pelosi said in a statement. "We must find a bold, balanced and fair agreement to avoid the fiscal cliff. The clock is ticking and stalemates are a luxury we cannot afford."

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Under a "discharge petition," a bill can be brought to the floor without going through a committee or without approval of House leadership. The bill would need majority support -- or 218 votes -- to pass.

In the current lame-duck session of Congress, there are 192 Democrats in the House, so at least 26 Republicans would have to defect for Pelosi's motion to succeed.

Some House Republicans, including Rep. Tom Cole of Oklahoma and other conservative voices, have called for passing the tax plan sought by Obama and Democrats to allow the broader negotiations to move forward.

Cole and fellow conservative Rep. Tim Scott both said last week they believed that Senate tax measure would pass if brought to a vote in the House.

However, Cole made clear he would follow the directions of the leadership, tamping down the chances of a GOP revolt against Boehner over the issue.

Boehner has so far rejected any increase in tax rates, even if only for the wealthiest Americans, saying his offer to include additional revenue by eliminating some loopholes and deductions was a major concession.

On Sunday, he described the latest Democratic proposal for a broader deficit reduction plan as one-sided and unworthy of discussion.

"The president's idea of a negotiation is, 'Roll over and do what I ask,'" Boehner told Fox News Sunday, describing himself as "flabbergasted" by the plan put forward last week by Treasury Secretary Timothy Geithner. "I looked at him and I said, 'You can't be serious.'"

Such posturing on both sides reflects the mistrust built up over two years of deficit wars that have left Congress with a reputation of dysfunction.

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Failure to reach a deal to avert the fiscal cliff and devise a framework for a broader deficit reduction package to be negotiated when the new Congress is seated in January would cause certain economic turmoil and threaten the U.S. credit rating.

The Bush tax cuts of 2001 and 2003 already were extended by two years as part of budget negotiations earlier in Obama's term.

In addition, spending cuts of $1 trillion over 10 years also kick in next year, the result of the Republican-led standoff over raising the federal debt ceiling in 2011 that led to a U.S. credit rating downgrade.

Sharp tax increases and automatic spending cuts would cut the projected federal budget deficit nearly in half -- but also would threaten millions of jobs, especially those dependent on government contracting, and risk a return to recession, according to the non-partisan Congressional Budget Office.

The non-partisan Tax Policy Center estimates middle class families would pay about $2,000 a year more in taxes without another extension of all the Bush tax cuts, as sought by Republicans.

Without a deal in the lame-duck Congress, each side wants the other to get the lion's share of public blame for higher taxes and economic uncertainty.

The plan that Geithner presented to Republicans last week called for $1.6 trillion in new taxes, including the rate hike for income over $250,000.

"There's not going to be an agreement without rates going up," Geithner told CNN in an interview aired on Sunday. "If they are going to force higher rates on virtually all Americans because they're unwilling to let tax rates go up on 2 percent of Americans, then, I mean that's the choice they're going to have to make.

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Obama also wants to close loopholes, limit deductions, raise the estate tax rate to 2009 levels and increase taxes on capital gains and dividend taxes.

In addition, the Obama proposal calls for a new $50 billion stimulus package, a home mortgage refinancing plan, and an extension of unemployment insurance benefits. It also would extend the payroll tax cut passed early in Obama's administration.

In return, multiple sources told CNN that Obama is offering $400 billion in new cuts to Medicare and other entitlement programs -- with specifics decided next year.

According to a CNN/ORC International Poll released last week, 56% of people said taxes should be kept high to help lower-income people, while 36% said taxes should be kept low to create jobs.

Another survey, by ABC News and the Washington Post, showed two-thirds of respondents supported Obama's call for holding down tax rates for everyone but the wealthiest Americans.

Mark Zandi, chief economist for Moody's Analytics, predicted on the CBS program "Face the Nation" that lawmakers would reach a short-term deal that would limit the economic damage, extend the U.S. debt ceiling to avoid another standoff like the one in 2011 and lay down a framework for future deficit reduction talks.

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CNN's Ashley Killough, Adam Levy, Deirdre Walsh and Jessica Yellin contributed to this report.

Toll authority quick to dun drivers; not so good at refunds

A North Texas Tollway Authority bank account contains more than $57,000 collected from customers who have overpaid their ZipCash bills.

By Scott Friedman
NBCDFW

The North Texas Tollway Authority is quick to send drivers a bill for using toll roads in North Texas, but the agency is not so fast in tracking down customers when it owes them money.

An NBC 5 investigation has discovered that money from drivers who overpay on ZipCash bills is deposited into what the NTTA calls the Overpayment Account -- not refunded or credited toward a future trip on a toll road.

The NTTA has not previously made the bank account public. It contains more than $57,000 collected from ZipCash users who have overpaid.


NTTA toll roads are cashless. Drivers without TollTags are billed by ZipCash, the agency's pay-by-invoice system.

The NBC 5 Investigates team filed an open records request to find out how many people have money sitting in the account. The list of names is more than 950 pages long.

The list NTTA provided to NBC 5 Investigates did not include any identifying information beyond the drivers' names.


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Haskell Tilson's name appears on the list. NBC 5 Investigates got Tilson's license plate number and sent it to the NTTA to confirm that he is the same person with money in the overpayment account.

Tilson's $2.22 in the account is certainly not a lot of money, but he said it's the principle that concerns him.

"Why don't they just credit it to the next bill or be honest about it and just send me a check for $2.22?" he said.

While the agency spends money sending bills to collect small toll amounts, the NTTA doesn't want to spend money to send out small refunds.

"And if that costs more to return it, we can't be using dollars to chase dimes," NTTA spokesman Michael Ray said. "That's not a good use of toll-payer money. They expect us to be good stewards of their money."

Watch NBCDFW.com's video report on the toll authority

Drivers have no way of knowing if their money is stuck in the overpayment account. Even though NTTA posts lists of people who owe the most in tolls, it has never publicly shared the list of people stuck in limbo.

NBC 5 Investigates asked Rey why the NTTA won't post the list and let people know about the account so they can call and ask that the money be credited to their ZipCash account.

"Well, because I think it makes good financial sense not to be starting a conversation over money that would cost us more to refund than it would be to send," he said.

While the money sits in the NTTA's hands, the agency is collecting interest on the $57,812.42 currently in the overpayment account.

The NTTA said it would refund money to customers with more than $2.50 in the overpayment account. But NBC 5 Investigates found that more than 1,500 people who are owed more than $2.50 have not received a refund or credit.

The NTTA claims it did not have enough information to find those people or set up an account for them.

If the money isn't claimed within three years, it will be sent to the Texas State Comptroller's unclaimed property division, which may ultimately notify people about their missing money.

The comptroller publicly posts a list of people with money in its account.

The tollway authority said it's just not worth the agency's time to post its own list because most of the people on the list are owed only pennies.

"And, honestly, that's what this is -- it's a lot of nickels and dimes, a lot of pennies and two cents," Rey said.

The NTTA says there is currently $57,812.42 in the overpayment account.

Search the NTTA overpayment database

The account was created in August of 2009. But the NTTA has only provided NBC 5 Investigates with a detailed spreadsheet documenting transactions from May 2010 to Nov. 26, 2012.

Customers who find their names on the list can call the NTTA customer service center at 972-818-NTTA (927-818-6882). The agency says it will credit the money to their account if the customers can provide proper identifying information. 

Photo may show Zimmerman bleeding

  • The photo shows Zimmerman apparently bleeding on the night of Martin's killing
  • Prosecutors previously provided a black-and-white copy, Zimmerman's defense says
  • Zimmerman claims he killed Trayvon Martin in self-defense
  • Martin's defense team says he was killed "in cold blood"

(CNN) -- A photo posted online Monday shows George Zimmerman with blood on his nose and lips. His attorneys say it was taken the night unarmed teen Trayvon Martin was killed in Sanford, Florida.

Zimmerman says he shot Martin in self-defense. Martin's attorneys say he was shot and killed "in cold blood."

Prosecutors have charged Zimmerman with second-degree murder for the February 26 killing.

The picture, posted Monday on Zimmerman's defense website, was taken by a police officer, Zimmerman's attorneys wrote.

The state had previously provided a black-and-white copy of the image, the attorneys wrote on the website. "This high resolution digital file was finally provided to the defense on October 29."

A police report from the night of the incident said Zimmerman was "bleeding from the nose and back of his head."

The 28-year-old volunteer neighborhood watchman was driving through his gated community when the incident occurred. Martin was walking through the neighborhood to his father's girlfriend's house.

Zimmerman has claimed that after the two exchanged words, Martin charged at him, knocked him to the ground and banged his head repeatedly against a concrete sidewalk.

Martin's family says Zimmerman attacked the teen, who had done nothing wrong.

Martin's death sparked nationwide protests and inflamed public passions over race relations and gun control, as well as Florida's controversial "stand your ground" law, which allows the use of deadly force when a person perceives a threat to safety.

In August, a new judge was named to oversee the case, after an appeals court agreed to a request from Zimmerman's defense team. The attorneys had argued the previous judge had made remarks putting Zimmerman in reasonable fear of an unfair trial.

SeaWorld defends its employees after dolphin bites Georgia girl's hand

Jillian Thomas, 8, suffered puncture wounds from a dolphin bite at SeaWorld in Orlando, Fla., as she was feeding the animal. SeaWorld says Jillian did not follow directions given by a park employee. NBC's Kerry Sanders reports.

By NBC News staff

SeaWorld is defending the actions of its employees in Orlando, Fla., after an 8-year-old girl from Georgia was injured by a dolphin.

Jillian Thomas of Alpharetta was participating in the feeding at the dolphin facility Nov. 21. When she held a paper fish container up  so the dolphin could grab it, the animal lunged at her and bit her hand. Her father, Jamie Thomas, captured the attack on camera. The video shows the girl's face contorting in pain as the dolphin briefly grabs her left hand.

Jillian suffered three puncture wounds, but her mother said she didn't think park employees took her injuries seriously.

In a statement, SeaWorld officials said they addressed the incident appropriately.

"Nothing is more important to us than the health and safety of our guests, employees and animals," the statement said.

"Educators and animal care staff were at the attraction when this happened and immediately connected with the family. In addition, a member of our health services team was in the area at Dolphin Cove and quickly responded and treated the young girl.

"The video had not been previously shared with us and we have not had a chance to assess it, but certainly take the situation seriously."

Food for the dolphins comes on small trays. In a video from the exhibit, an announcer warns visitors not to hold them up, as the dolphins will reach for them.

In the video, Jillian can clearly be seen picking up the tray, but her mother claims she never heard the warning.

SeaWorld said guests are given clear instructions on how to feed the dolphins, including specific directions not to pick up the paper trays.

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