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Friday, November 27, 2009
 
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Clem speaks out on husband's killing, Zimmerman supporters cry foul

Friday, November 27, 2009

By Scott Thomas Anderson

If Ken Zimmerman's friends and family hope to see him out of chains before his murder trial starts in January, they'll need to raise a million dollars for every month he's already sat behind bars.

A judge's decision to set Zimmerman's bail at $3 million sparked shock and resentment from the accused man's allies - all while attorneys again found themselves battling over Marsy's Law, as well as statements made in court by John O'Sullivan's widow.

The drama unfolded at an informational hearing at Amador Superior Court Nov. 20. Zimmerman, who claims that on Aug. 16 he was forced to shoot his neighbor, O'Sullivan, in self defense, is being charged by prosecutors with murder, making criminal threats and false imprisonment. Amador Superior Court Judge Dave Richmond announced Friday the penalty Zimmerman can look forward to if he fails to convince a jury he acted in a lawful manner.

"The total exposure you're looking at, if convicted of all charges," Richmond told Zimmerman and his two attorneys, "is 61 years to life in prison."

Public Defender Richard Cotta responded by telling the courtroom that Zimmerman pleaded not guilty to all counts and special allegations. Cotta added, "My client very much looks forward to his day in court in front of a jury."

Richmond proceeded to hear a new motion for bail. In opposing that motion, Deputy District Attorney Steve Hermanson announced that one of his department's investigators had found new ballistic evidence at the crime scene which Hermanson believed would further demonstrate "the callous nature of the act." However, Richmond decided such evidence would have to be presented at trial.

Next, Hermanson said that O'Sullivan's widow, Krista Clem, and daughter, Lydia, wished to make victim impact statements regarding Zimmerman's possible bail. Cotta vehemently objected, stating for the second time that Clem was not the victim of anything unless a jury decided she was. At an earlier proceeding, Cotta argued at length that Clem and her attorney, Catherine Ritter-Harris, were attempting to subvert the U.S. Constitution by using Marsy's Law to automatically convict his client in the public consciousness.

"This whole issue shows that Marsy's Law creates an inherent conflict with the U.S. Constitution," Cotta told the judge. "It has a prejudicial effect on Mr. Zimmerman's right to a fair trial ... it may be allowed under California law, but it's at odds with the U.S. Constitution, which trumps our state constitution the last time I checked."

Without addressing Cotta's point, Harris-Ritter simply told Richmond that allowing victims to speak at post-arrest hearings was the point and "essence of Marsy's Law."

In deciding if Clem and her daughter would be permitted to address the court, Richmond commented, "It's appropriate to let the victim speak, according to my understanding of Marsy's Law."

Richmond's reference to Clem as "the victim" threw Zimmerman's supporters into a state of anger that would soon result in one being ejected from the courtroom.

"I implore you to deny bail," Clem said in her statement. "My husband's children are having nightmares. I would ask the court not allow his children to be terrified because this man is out."

Clem also mentioned the mug shot taken of Zimmerman in the immediate hours after O'Sullivan was gunned down, which caused many to think he was smiling. "The defendant has said he believes this was justifiable homicide ... I believe, if released, he would have no qualms killing me so that I could not be a witness at the trial."

Bill Loretta, a man who had lived next to Zimmerman and O'Sullivan - and had legal problems of his own with O'Sullivan and Clem - became outraged by Clem's assertion. "Does anyone get to speak up for Ken Zimmerman?" he shouted at the judge. Bailiffs escorted Loretta outside.

Also addressing the court was O'Sullivan's young daughter, Lydia. "I wrote this because I don't want the man to be let out of jail," she read out loud from a piece of paper. "He might hurt all of us if he was out."

Lydia went on to say that she could no longer sleep in her own bedroom. "It would be the worst thing in the world if he was let out."

Richmond then ruled that, being that it wasn't a capital murder case, he could find cause to deny Zimmerman bail completely. "This court is very concerned about the security of the public if Mr. Zimmerman was released," Richmond explained before setting bail at $3 million. "I don't think this individual can control his temper."

Waiting outside the courthouse, Loretta made no apologies for getting himself tossed out. "What happened in that courtroom was the most prejudicial thing I've ever seen," he vented.

As Cotta and fellow public defender Kyle Smith exited the building, they were also in a state of agitation. Referencing the fact that Richmond had already heard testimony from detectives to suggest O'Sullivan had invaded Zimmerman's property on a tractor and begun destroying his truck as their confrontation began, Cotta said to the Ledger Dispatch, "The court seemed very concerned today about Mr. Zimmerman's ability to control his temper; but I think it's fair to say that none of us would even be here right now if Mr. O'Sullivan could have controlled his."


Scott Thomas Anderson


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