DKT NO 2 | 06.12.2012 | AFFIDAVIT
Probable Cause Affidavit in Support of Capias for Shellie Nichole Zimmerman:
Your affiant, T.C. O’Steen, is an Investigator with the State Attorney’s Office Fourth Judicial Circuit, and has over thirty-five years of law enforcement experience. Your affiant was appointed by State Attorney Angela B. Corey, who was assigned under Executive Order of the Governor 12-72.
On April 20, 2012, your Affiant was present when Shellie Nichole Zimmerman testified under oath at a Bond Hearing in State of Florida v. George Zimmerman, Case #2012-1083. Shellie Nichole Zimmerman is the wife of George Zimmerman. The Hearing was conducted in the Seminole County Courthouse in Sanford, Florida. The honorable Kenneth R. Lester presided over the Hearing. Your affiant has also reviewed the official transcript of that Bond Hearing.
Shellie Zimmerman appeared at the Hearing by phone, and identified herself as Shellie Nichole Zimmerman. Prior to providing any testimony, Shellie Zimmerman was administered the oath to tell the truth by Notary Public Leandra Gallego.
During Shellie Zimmerman’s testimony and before any specific questions about her finances, her husband’s attorney, Mark O’Mara explained to Shellie Zimmerman that he wanted her to advise the Court about her financial circumstances. Mr. O’Mara then asked Shellie Zimmerman several questions about her finances. Specifically, the following dialogue occurred between Mr. O’Mara and Shellie Zimmerman (Transcript, page 15):
Q. Other major assets that you have which you can liquidate reasonably to assist in coming up with money for a bond?
A. None that I know of.
Q. I have discussed with you the pending motion to have your husband George declared indigent for cost, have I not?
A. Yes, you have.
Q. And is - are you of any financial means where you can assist in those costs?
A. Uhm, not - - not that I'm aware of.
Q. I understand that you do have other family members present with you, and I’ll ask some more questions of them, but have you had discussions with them of at least trying to pull together some funds to accomplish a bond?
A: We have discussed that —
A: — trying to pull together the members of the family to scrape up anything that we possibly can.
During cross examination by Assistant State Attorney Bernie de la Rionda, Shellie Zimmerman was again questioned about her finances. Specifically, the following dialogue occurred between Mr. de la Rionda and Shellie Zimmerman (Transcript, pages 26 & 27):
Q. And you mentioned also, in terms of the ability of your husband to make a bond amount, that you all had no money, is that correct?
A. To my knowledge, that is correct.
Q: Were you aware of the website that Mr. Zimmerman or somebody on his behalf created?
A: I’m aware of that website.
Q: How much money is in that website right now? How much money as a result of that website was —
A: Currently, I do not know.
Q: Do you have any estimate as to how much money has already been obtained or collected?
A: I do not.
Your Affiant has obtained official copies of Insight Credit Union records of George Zimmerman, Shellie Zimmerman and George Zimmerman’s sister. The records show that Shellie Zimmerman transferred more than $74,000 from George Zimmerman’s account to her account from April 16, 2012 to April 19, 2012. The transfers were in the amounts of $9,990 (4 times), $9,999 (2), and $7,500 (2).
While George Zimmerman was in custody in the Seminole County Jail he spoke to Shellie Zimmerman on the telephone. The calls were recorded and both parties were informed they were being recorded.
Your Affiant has reviewed numerous recorded jail phone calls between Shellie Zimmerman and George Zimmerman made before April 20, 2012, wherein the two of them discuss his financial circumstances and the transferring of money from George Zimmerman’s account to the accounts of Shellie Zimmerman and George Zimmerman’s sister. Excerpts from some of the telephone calls are detailed below:
On April 15, 2012 the following call took place:
• Call# 18568099 @1529:
George Zimmerman: Um, I’m trying to think, cause you’re going to take out $10 and keep it with you in cash, right?
Shellie Zimmerman: Yeah like $9
George Zimmerman: Let’s just say about $10. I’m wondering you have more than $10, right?
Shellie Zimmerman: Not with me
George Zimmerman: You don’t have access to more than $10?
Shellie Zimmerman: I do. I have access to, yeah
George Zimmerman: In your account?
Shellie Zimmerman: Yeah
On two such calls, on April 16, 2012, Shellie Zimmerman is present with George Zimmerman’s sister at the credit union when they discuss the transferring of money from George Zimmerman’s account.
• Call # 18577856 @ 1426:
George Zimmerman: In my account do I have at least $100?
Shellie Zimmerman: No
George Zimmerman: How close am I?
Shellie Zimmerman: There’s like $8. $8.60
George Zimmerman: So total everything how much are we looking at?
Shellie Zimmerman: Um, like $155
• Call # 18579780 @ 1632:
George Zimmerman: If the bond is $50, pay the 15. If it’s more than 15, just pay 10% to the bondsman.
Shellie Zimmerman: You don’t want me to pay $100?
George Zimmerman: Hell no.
Shellie Zimmerman: All right just think about it.
George Zimmerman: I will
Shellie Zimmerman: That’s what it’s for.
The credit union records further revealed that Shellie Zimmerman withdrew $18,000, in amounts of $9,000 two times, on April 16, 2012 from her account at the credit union.
On April 19, 2012, George Zimmerman and Shellie Zimmerman spoke on the telephone and talked about Shellie taking money from the safety deposit box.
• Call # 18608875 @ 09:36:
Shellie Zimmerman: Yeah, I think I’m gonna go to the bank today and get more cash, too.
George Zimmerman: Okay.
Shellie Zimmerman: And then I’m, I might take what I put in the box out also.
George Zimmerman: okay, well -
Shellie Zimmerman: Or do you want me to leave it there?
George Zimmerman: Um -
Shellie Zimmerman: It’s up to you, Ken was just saying I should probably have as much cash as possible.
George Zimmerman: That’s true, but I feel safer with the gift cards. Uh, and I don’t want you having too much on you, that, that, that’s
Shellie Zimmerman: Mm, hmm
George Zimmerman: safety issue, you know
Shellie Zimmerman: Yeah, of course, I have well, remember, I went - -
George Zimmerman: yeah - - -
Shellie Zimmerman: to our other one and got that out.
George Zimmerman: Yep
Shellie Zimmerman: So, I have like $13, $15
The Insight Credit Union records for George Zimmerman’s sister’s account reveal that more than $47,000 was transferred from George Zimmerman’s account to his sister’s account from April 16, 2012 to April 17, 2012.
The jail calls also reveal George Zimmerman instructing Shellie Zimmerman to “pay off all the bills,” including an American Express bill and a Sam’s Club card.
The Insight Credit Union records also reveal that on April 24, 2012, after George Zimmerman was released from jail on bond, Shellie Zimmerman transferred more than $85,500 from her account back to George Zimmerman’s account.
On June 6, 2012, your Affiant met with an assistant branch manager of Insight Credit Union. The assistant branch manager explained that she met with Shellie Zimmerman, who she knew as a customer, on April 16, 2012 at the Insight Credit Union branch located in Seminole County, Florida. During that meeting, the assistant branch manager assisted Shellie Zimmerman in transferring control of George Zimmerman’s account to Shellie Zimmerman. During a portion of the meeting, Shellie Zimmerman had George Zimmerman on the telephone, and the assistant branch manager spoke directly to him about the transfer.
The facts mentioned in this Affidavit are not a complete recitation of all the pertinent facts and evidence in this case but only are presented for a determination of Probable Cause for Perjury.
Sworn to and subscribed before me
Investigator T.C. O'Steen, Affiant
This 11th day of June 2012
Notary Public, State of Florida at Large
My Commission expires: