Kly, Zimmermann did decline to testify. Also, the prosecution initially asserted that Zimmermann was on top; however,it's now pretty clear that he was not. The judge will decide tomorrow on included charges.
That's a prosecution mistake. That Zimmerman was never on top doesn't necessarily disrupt their theory, but failing to delver on a promise can weigh heavily. It may take some time to sort out which of the offenses will go to the jury.
