Jackson – Judge David S. Richmond set a $3 million dollar bail last Friday during an arraignment on information in the case of Kenneth John Zimmerman. Zimmerman is accused of murder after his neighbor O’Sullivan was shot dead in a dispute in Fiddletown on August 16, 2009. In a packed courtroom that included supporters of Zimmerman and O’Sullivan’s family, Public Defender Richard Cotta and Deputy District Attorney Stephen Hermanson made their final arguments before Zimmerman’s trial date was set. Zimmerman, who was present in the courtroom, again entered a plea of “not guilty” to charges including murder and false imprisonment after he allegedly blocked O’Sullivan’s wife, Krista Clem, from leaving the property and threatened her life. Stephenson said another search warrant was executed by the District Attorney earlier that week during which an additional shell casing was discovered that sheds new light on the case. The main focus of the arraignment centered on whether Zimmerman should be allowed the opportunity to be set free on bail. Judge Richmond said he felt “some bail should be set” since the court noted no special circumstances for Zimmerman to face “life without parole or death.” Cotta argued that the “court has a difficult time finding that there is a substantial likelihood of harm” against Clem and her four children. He disputed various accusations against his client, such as a 9-1-1 call Zimmerman made in which he said he was going to shoot O’Sullivan. Cotta said that took place after the actual shooting. Cotta said the autopsy report shows the bullets in O’Sullivan were fired laterally and called any inference that O’Sullivan was shot in the back “simply wrong.” Cotta said “(Zimmerman) wants his jury trial; he looks forward to it” and “it’s not murder until the jury says its murder.” Cotta said “there’s been no finding that these charges are true, (and they are) a mere presumption.” Hermanson countered that “the defense is continuing to ask the court to engage in speculation.” He said Zimmerman “represents a substantial risk of harming Ms. Clem in this case” when considering the alleged threat he made against her life. Hermanson asked that Clem and her daughter Lydia, both present throughout the arraignment, be allowed to speak as victims, a right granted under Marsy’s Law, which guarantees victims rights to participate in certain court proceedings. Cotta disputed this, asking if the defense could call people to speak on Zimmerman’s behalf, but was overruled by Richmond. Cotta argued that the “presentation of a minor appeals to the sympathy…of jurors.” This was also disputed by a Zimmerman supporter in the audience who was ejected from the courtroom by a bailiff after speaking aloud twice. Krista Clem, wearing dark sunglasses, told the court her “kids were having nightmares” and she believed Zimmerman “would have no qualms whatsoever about killing me.” She said O’Sullivan’s family in Ireland concurs with her statement. Her daughter Lydia Clem pleaded with the court not to let Zimmerman out of jail because he threatened her in the past and yelled at her “the day my daddy died.” She said her “daddy was the only protection for the family and now he’s gone.” Richmond said Zimmerman could serve from 61 years and 4 months to life in state prison if convicted. The trial date was set for mid-January. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
Sunday, 22 November 2009 23:41