One Year Ago – Trayvon Martin

toure

This is what a racist looks like


Touré Neblett:

Trayvon Martin: One Year Later, Justice Remains Elusive

A year later and we’re still waiting for justice. Trayvon is dead — he would’ve turned 18 on February 5th, but instead, his heart hasn’t beat in a year. George Zimmerman, the man who shot Trayvon, will be on trial this summer. A trial is what the protesters and activists were demanding instead of another black death swept under the rug as if our lives were worth less. But a trial in this particular case is not entirely justice because there are deeper societal problems at play that mean another black kid could become the next Trayvon on any day.

I’m not pre-convicting or pre-judging Zimmerman, who is claiming self-defense in the face of a second-degree murder charge. I’m just dealing with the known facts. Trayvon is dead after an interaction initiated by an armed man, a man who acted as a neighborhood vigilante and who, as we hear on a 911 call, saw Trayvon as a threat who was probably armed and on drugs. Early in that recording he says: ”This guy looks like he’s up to no good or he’s on drugs or something. It’s raining and he’s just walking around looking about.” And a little later he adds, “Yeah, now he’s coming toward me. He’s got his hands in his waistband. And he’s a black male.” That perception of Trayvon as armed, drugged and criminal hits the stereotype trifecta for a young black man. If Zimmerman had not been hopped up on stereotypes and vigilantism then maybe he would’ve waited for the police. Or not followed Trayvon.

Since the killing, there has been a concerted effort by Zimmerman’s supporters to define him as Hispanic — as if this would change the case by removing the potential of racial profiling. This is a clever way of combining the “people of color can’t be racist” meme (an idea most whites usually reject) and the “one-drop rule” — a hold-over from slavery that says that having one drop of black blood meant you were a slave so that new slaves could be created even if they had a white parent. This rule has not historically been applied to other races and extending it to Zimmerman because his mother is Peruvian and his father German-American seems a strange stretch. And besides, race is a social construct, not a biological reality, so to evaluate whether he was racially profiling, we’d have to know what race Zimmerman considers himself. But even that question is moot once you realize that biases against people of color quite often reside inside people of color. Even if Zimmerman sees himself as Hispanic that doesn’t mean that he couldn’t view a strange black body in the distance through a racist lens.


First of all, “Justice” is only “elusive” if you think that George Zimmerman should be locked up already. You can rest assured that if Zimmerman is acquitted Touré will claim that an injustice occurred. But I don’t recall Touré bemoaning all the black deaths in Chicago last year.

Touré needs this case to be about racism. Racism is the thing that defines Touré Neblett. That’s why he needs for Zimmerman to be white. That’s why he studiously ignores the fact that Trayvon Martin attacked George Zimmerman – violently and without justification or provocation.

BTW – Is it still a stereotype if it’s true?


In Living Color

Zimmerman


From Zimmerman’s legal team:

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.


It looks to me like George Zimmerman has a broken nose.

Isn’t it funny how the deeper we dig into this case the less guilty George Zimmerman appears? The first couple weeks after this story originally hit the news all the information we were receiving was very damaging to GZ. Since then many of the things were were told have been proven to be untrue, and lots of exculpatory evidence has emerged.

Unfortunately, far too many people formed their opinions of this case in the first two weeks and are now emotionally attached to those opinions.


Curiouser and Curiouser

tz


WTF?

Sanford cops a problem for prosecutors in Zimmerman case, experts say

It was a strange development in a case that has seen more than its share: Chris Serino, the lead Sanford police investigator in the Trayvon Martin shooting, hired famed Casey Anthony defense attorney Jose Baez to represent him at his upcoming deposition in the case.

It’s unclear what prompted Serino to hire a private attorney — eschewing available representation by the city of Sanford, his employer. But one issue likely to come up is his double-talk on whether there was enough evidence to support George Zimmerman’s arrest as controversy surrounding the case spiraled out of control last spring.

Serino wrote in a sworn affidavit that there was probable cause to arrest Zimmerman. But he later told the Federal Bureau of Investigation he was pressured to author that document and didn’t believe the evidence was sufficient for the manslaughter charge he recommended.

“Nobody put a gun to his head,” says Michael Grieco, a Miami defense lawyer and former prosecutor. “When you sign an affidavit, you swear under oath.”

And Serino isn’t the only Sanford officer whose testimony could prove troublesome for prosecutors in the second-degree murder case against Zimmerman: High-ranking fellow officers largely agreed in March that there was not sufficient evidence to arrest Zimmerman.

Zimmerman’s legal team has since listed several of them, including former Sanford police Chief Bill Lee Jr. and Serino’s supervisors, as witnesses the defense plans to call at trial.

Baez was not available to comment for this story. But in a recent interview with the Orlando Sentinel, Baez said that Serino hired him because “it’s a very politically charged case, and he just wants to make sure that everything is done by the book.” Special Prosecutor Angela Corey’s office — which Gov. Rick Scott appointed to handle the case — also did not respond to requests for comment.

Eugene O’Donnell, a former police officer and prosecutor who teaches at John Jay College of Criminal Justice in New York, said Serino’s decision to hire his own lawyer “is very wise.”

Holy shit!

This kind of thing is virtually unheard of. The only case I can recall where a cop hired his own attorney during a murder case was when Mark Fuhrman got caught committing perjury on the stand during the OJ Simpson trial.

Baez was Casey Anthony’s attorney. If you are a cop you don’t go out and hire a big name attorney like that unless you know your ass is in trouble. And it ain’t civil liability he’s worried about.

The feces have definitely made contact with the air circulation device.


Laugh of the Day


Politico:

MSNBC would like to set the record straight following some misinformation presented by Fox News during the interview with George Zimmerman last night,” MSNBC wrote in a statement sent to POLITICO. “Reverend Al Sharpton never ‘rushed to judgment,’ as stated by Mr. Hannity. Reverend Sharpton repeatedly called for calm and for a more thorough investigation in the wake of the tragic events. Ultimately, the authorities agreed an arrest was warranted.”


This is an open thread.


More good news for George Zimmerman


FBI interviews: No evidence Zimmerman a racist

Federal civil-rights investigators interviewed dozens of George Zimmerman’s friends, neighbors and co-workers, and no one said he was a racist, records released Thursday show.

FBI agents spread out across the state, talking to three dozen people, including gun-shop employees, Zimmerman’s ex-fiancée and the Sanford police detective who led the investigation into the fatal shooting of Trayvon Martin, an unarmed black 17-year-old.

None said he or she had ever known him to show racial bias. A co-worker who saw him the day after the shooting said Zimmerman was “beat up physically and emotionally.”

Chris Serino, the police detective who interviewed Zimmerman the night of the shooting, told agents he thought Zimmerman had pursued Trayvon “based on his attire” and not “skin color.” Zimmerman, he said, has a “little hero complex” but is not a racist.

Zimmerman’s account sounded “scripted” to him, Serino said. Even so, he did not have enough evidence to justify an arrest, he told an FBI agent, even though he was getting pressure from a small number of officers within the department to file charges.

[...]

Zimmerman’s ex-fiancée, who filed a domestic-violence injunction against him in 2005, described Zimmerman as “protective and territorial” toward her and “having a bad temper,” but he was no racist, she told the FBI.

He socialized and played basketball with white, black and Hispanic men and “never exhibited any biases or prejudices against anyone and did not use racial epithets of any kind,” an agent quoted her as saying.

Co-workers also said they saw no signs of ethnic or racial bias. They described Zimmerman as “pleasant” and “outgoing.”

The FBI got involved after the Department of Justice launched a civil-rights investigation into Trayvon’s shooting.


Don’t hold your breath waiting for an apology from Al Sharpton.

The article also describes some new evidence supporting Zimmerman’s story.


George Zimmerman in his own words


Judging by the reactions at Talk Left, this video won’t change any minds. The people who think he’s guilty will keep clinging to that belief.

This is an open thread.


Thou shall not lie

Shellie Zimmerman

Breaking news:

George Zimmerman’s wife arrested, charged with perjury

At her husband’s bond hearing, Shellie Zimmerman was asked repeatedly about money. Among the questions: How much did the couple collect in donations through George Zimmerman’s website?

“Currently, I don’t know,” Shellie Zimmerman replied. She and other family members described their financial situation as dire. Judge Kenneth Lester granted George Zimmerman $150,000 bond on the second-degree murder charge he faces in the death of 17-year-old Trayvon Martin.

But prosecutors say Shellie Zimmerman spent the days before that hearing shifting tens of thousands of dollars out of her husband’s account, then deliberately lied to the judge.

On Tuesday, she was arrested on a perjury charge and booked into John E. Polk Correctional Facility, the same jail her husband has called home since the deception was revealed earlier this month, leading the judge to revoke his bond.


The courts take a dim view of lying under oath. It has to do with the whole “integrity of the process” thing. We WANT people to tell the truth in court.

Yes, the prosecutor is being chickenshit. They could have waited, the case wasn’t going anywhere. They are trying to maximize the pressure on George Zimmerman to get the best deal they can. Of course extorting pleas is unethical, but I doubt that bothers Angela Corey.

Lesson – You have the right to remain silent, but you don’t have a right to lie. Tell the truth or shut up.


There are none so blind as those who will not see


Most of the evidence in The People vs. George Zimmerman has been released. The only thing that appears to be missing are Zimmerman’s statements to the cops and some of the gory autopsy photos and pictures of the body at the scene. Here are 46 color photos taken by the police. I don’t see the point of trying to recreate the wheel so if you want a detailed discussion of what’s in there see Talk Left or Tom Maguire at Just One Minute.

Long story short – there’s not a damn thing in there that disputes Zimmerman’s claim of self defense.

But I don’t want to talk about the evidence.  I want to talk about no evidence.

From the beginning of this case there have been people who rushed to judgment and proclaimed that Zimmerman stalked and executed Trayvon Martin because of the color of his skin. Many of them still cling bitterly to that belief.

There is no evidence that Zimmerman focused on Trayvon because of his race. It is irrelevant that Neighborhood Watch guidelines say not to carry weapons – Zimmerman was on his way to the store, not patrolling the condo complex. It was not a crime for Zimmerman to get out of his vehicle and follow Trayvon. The fact that this tragedy may have been “avoidable” is also not relevant to whether or not a crime was committed.

Much has been made of the Sanford PD’s “failure” to arrest Zimmerman on the night of the shooting or in the weeks that followed. That is wrong. First of all, “failure” implies a duty not performed. The police do not have a duty to arrest unless a warrant has been issued or if they have probable cause to believe a crime has been committed.

Not all killings are crimes. If a store clerk shoots a robber or a homeowner blows away a burglar, the police would not normally arrest that person. Although this case is less clear-cut, the same principle applies. Contrary to what some people seem to believe, the court system is not about determining what really happened.

The court system is intended to determine whether guilt beyond a reasonable doubt has been shown. Guilty people go free every day due to a lack of evidence. The decision whether or not to bring charges is in the exclusive power of the prosecutor. The police merely gather evidence and make recommendations. If the police arrest someone the prosecutor must file charges within two working days or the person is released.

I have seen numerous people suggest that there has been some kind of massive cover-up in this case. There is no evidence of that, nor does it appear that there were any major investigative errors.

Trials are all about evidence, not speculation. Nonetheless, some people keep asserting theories of what “must” have happened based on absolutely no evidence at all. They insist that Zimmerman is guilty because he initiated the incident.  But they have no evidence to support their theories.

Zimmerman claims that Trayvon confronted him and then attacked him. There is no evidence or witness that contradicts that claim. Some people claim that Trayvon was defending himself from a stalker. Let’s assume for a moment that Zimmerman caught up to Trayvon and confronted him. Let’s even speculate that he grabbed Trayvon’s arm and tried to detain him.

Trayvon would be justified in using reasonable force to escape. What is reasonable? Punching Zimmerman once and knocking him down would be reasonable. Jumping on top of him and pummeling his would not be reasonable.

But that scenario is just speculation anyway. There is no evidence that is how the incident took place. Even if you totally disregard Zimmerman’s version of events there is no evidence that Zimmerman initiated the altercation.

If a jury views all the evidence and concludes that the most likely scenario is that Zimmerman is guilty but that it is reasonably POSSIBLE that he is innocent, they must vote to acquit. In order to convict they jury must agree that there is no reasonable explanation of the evidence except guilt.

I don’t expect this evidence release to change any minds. There are none so blind as those who will not see.



The People vs. George Zimmerman continues to unravel


ABC News:

A medical report compiled by the family physician of accused Trayvon Martin murderer George Zimmerman and obtained exclusively by ABC News found that Zimmerman was diagnosed with a “closed fracture” of his nose, a pair of black eyes, two lacerations to the back of his head and a minor back injury the day after he fatally shot Martin during an alleged altercation.

(Didja notice how they strung “murderer George Zimmerman” together, with “accused” in front of Trayvon Martin’s name? Murder is a legal conclusion. But I digress.)

The morning after the shooting, on Feb. 27, Zimmerman sought treatment at the offices of a general physician at a family practice near Sanford, Fla. The doctor notes Zimmerman sought an appointment to get legal clearance to return to work.

The record shows that Zimmerman also suffered bruising in the upper lip and cheek and lower back pain. The two lacerations on the back of his head, one of them nearly an inch long, the other about a quarter-inch long, were first revealed in photos obtained exclusively by ABC News last month.

But the report also shows Zimmerman declined hospitalization the night of the shooting, and then declined the advice of his doctor to make a follow-up appointment with an ear nose and throat doctor.

In addition to his physical injuries, Zimmerman complained of stress and “occasional nausea when thinking about the violence.” But he was not diagnosed with a concussion. The doctor noted that it was “imperative” that Zimmerman “be seen with [sic] his psychologist for evaluation.”


Sounds to me like somebody administered a beating to Mr. Zimmerman. But wait! There’s more!

WFTV:

Autopsy results show Trayvon Martin had injuries to his knuckles

WFTV has confirmed that autopsy results show 17-year-old Trayvon Martin had injuries to his knuckles when he died.

The information could support George Zimmerman’s claim that Martin beat him up before Zimmerman shot and killed him.

[...]

WFTV has learned that the medical examiner found two injuries on Martin’s body: The fatal gunshot wound and broken skin on his knuckles.


George Zimmerman is charged with second-degree murder. The difference between first and second degree is premeditation. Both degrees of murder require malice:

Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.


George Zimmerman has said from the beginning that he acted in self defense. The evidence is consistent with his claim. Some people think the evidence is also consistent with theories of guilt, but the law says if the evidence is consistent with both guilt and innocence the jury must acquit.

Given these facts I have to wonder – what other evidence could the prosecution possibly have to support a murder charge? “Profiling” is not malice. Following someone is not justification for attacking them. If there is some kind of official cover-up, why is this case even being prosecuted?

I really want to hear the prosecution’s theory of what took place.


Stupid should hurt


From the Orlando Sentinel:

The details revealed by the source provide new insight into what Zimmerman said happened in the earliest moments of his contact with Trayvon. And they may reveal the inconsistencies alluded to by prosecutors in the case.

One of those inconsistencies: Zimmerman told police Trayvon had his hand over Zimmerman’s mouth during their fight on the night he shot Trayvon.

The Sentinel’s source confirmed that Zimmerman’s statements include that allegation. But authorities do not believe that happened, the source told the Sentinel, because on one 911 call, someone can be heard screaming for help. If it were Zimmerman, as he claims, his cries were not muffled, the source said.

Zimmerman also told police, the source told the Sentinel, that while the two were on the ground, Trayvon reached for Zimmerman’s gun, and the two struggled over it.

Those portions of Zimmerman’s account are not corroborated by other evidence, the source said.

Zimmerman’s attorney, Mark O’Mara, said he hasn’t yet seen his client’s statements to police, and it would be inappropriate for him to address specific evidence in the case.

“It’s hard for me to even comment on it,” O’Mara said.

Sanford Spokesman Sgt. David Morgenstern said the police department “cannot make any comments on anything related to the George Zimmerman/Trayvon Martin case.”

Reached in Birmingham, Ala., Martin family attorney Benjamin Crump said Thursday that Zimmerman’s claim that he was screaming in the 911 call and that his mouth was covered by the teen don’t add up.

“[Trayvon's father] Tracy Martin told me that that’s what [police] told him,” Crump said, of Zimmerman making those statements to police.

“It’s either one or the other, it can’t be both,” Crump said. “We have to put together this puzzle because, unfortunately, we don’t have Trayvon Martin’s version” of events.


Benjamin Crump reminds me of why I decided to go to law school. Due to a litigious ex-wife I found myself unwillingly sitting in courtrooms quite a bit in the Eighties and Nineties. As I would wait for my case to get called I watched the court handle other cases. Listening to some of the attorneys talk I realized I was definitely smart enough to make it through law school.

I don’t know exactly how long the fight between Trayvon Martin and George Zimmerman lasted, but it was long enough for people to hear it and call the police before the fatal shot was fired. I’m gonna guess it had to be at least 30 seconds but not more than a minute.

A lot can happen in 30 seconds. Place your hand on a hot burner and hold it there for half a minute. Feels like forever, doesn’t it?

So the fight starts. Trayvon hits George who goes down. Trayvon jumps on George and begins to pummel him. Then he grabs George’s head and smacks it on the sidewalk. George begins screaming for help. Trayvon puts his hand over George’s mouth trying to muffle his cries. George struggles to free his mouth. Trayvon sees George’s gun and reaches for it. The two men struggle briefly over the gun and then it goes off.

Could all that take place in 30 seconds? Easily.


Ass/u/me


Robert Wright at The Atlantic:

George Zimmerman’s Ammunition

[...]

And then there’s the part of the story the Reuters piece doesn’t address: According to other reports, Zimmerman’s gun was loaded with hollow-point bullets–bullets that expand upon impact, maximizing internal damage and the chances of death. You don’t need hollow-point bullets to stop a pit bull. And you don’t need hollow-point bullets to stop a robber.

Sure, some gun enthusiasts may warn that if you face an armed bad guy, hollow points minimize the chances of his returning fire after being shot. But how likely is it–in real life, not the movies–that this would actually come into play? And, anyway, there was no evidence that the robbers who had afflicted the neighborhood were armed; they were burglars, not muggers, and when in danger of being caught they’d fled. (And as for the reason police sometimes use hollow points–to cut the chances that the bullet will harm bystanders after passing through the victim’s body or after ricocheting: that makes a lot of sense in a crowded urban environment, but not much in Zimmerman’s neighborhood.)

The logic of this Reuters piece cuts two ways. If Zimmerman had in mind a profile of the neighborhood burglars as young black males, then, yes, it’s likely that he honestly believed Trayvon Martin was a criminal. But that also means that, on those nights when he patrolled the neighborhood, looking for would-be burglars, he probably had in mind the prospect of confronting a young black man. What we’ll never know is whether that prospect had anything to do with the fact that Zimmerman chose not just to carry a gun, but to load it with the kind of bullet that was most likely to kill anyone he shot.


I have held two different jobs where I carried a gun. The first was the military police. We carried those old M1911A1 .45 caliber pistols that were military issue from 1911 until today. They were loaded with six fully jacketed .45 ACP (Automatic Colt Pistol) rounds, but full metal jacket is required military ammunition by the Geneva Conventions.

I also carried a gun while working security. My weapon was a 9mm Smith and Wesson semi-automatic loaded with 115 grain semi-jacket hollow points.

Why?

Guns are serious business. If you ever have to shoot someone it better be because you are in fear for your life or the lives of your loved ones. That means somebody is doing something that constitutes a threat. You want to stop that person, fast. You don’t want to piss them off. You don’t want to cause a bunch of neat little holes in them and then wait for them to slowly bleed to death.

You want to shoot them a minimum number of times and have them go down and stay down. And you don’t want your bullet to pass thru them and harm anyone else. That’s why the vast majority of law enforcement agencies use hollow points.

Hollow point bullets are safer:

1. Because each bullet does more damage, you can stop the attacker more quickly. When the attacker stops quickly, you are less likely to be injured. So hollowpoint bullets are safer for you.

2. Because each bullet does more damage, you will probably need to shoot fewer times to stop the attack. Leaving fewer holes in the attacker makes it more likely that the attacker will survive to go to trial. So hollowpoint bullets are actually safer for the bad guy.

3. The mushrooming or fragmenting activity of the bullet “puts the brakes on” inside the attacker’s body. That creates more damage. But it also makes the bullet far less likely to go through the attacker to strike a bystander or the loved ones you are trying to protect. Because of their shape, hollowpoint bullets that miss their intended target are also less likely to ricochet and hit innocent others. So hollowpoint bullets are safer for bystanders.


Why was George Zimmerman using hollow points? I don’t know.

Maybe he wanted maximum stopping power. Maybe he was concerned about a pass-thru bullet hitting someone besides his target. Maybe the person who trained him to use his pistol recommended them. Maybe they were on sale the day he bought ammo.

But we should not assume some racist intent on his part just because he was using a very common type of ammunition.



The mob rules!


Dr. Boyce Watkins of Syracuse University at Huffpoop:

George Zimmerman Bail Reverses All Hard Work Done for Trayvon Martin

What do you do when your municipality is holding arguably the most-hated and notorious killer on earth? You grant him bail. That’s exactly what Judge Kenneth Lester did for George Zimmerman, the man who killed 17-year-old Trayvon Martin.

As a condition of his bail, Zimmerman is not allowed to have possession of firearms, drink alcohol, or use drugs. He must also maintain a curfew. How nice.

If the city of Sanford wanted to embarrass itself any further, it just did.

The justice system that has obtained international prominence as one of the most inept, irresponsible, racist and unprofessional organizations in the country has set a new standard for judicial indecency. The family of Trayvon Martin worked hard to get Zimmerman arrested because he was a flight risk, now he’s a flight risk all over again.

Granting bail for George Zimmerman, for the most part, is a slap in the face to those around the world who worked for his arrest. It simply says that without regard to the will of the people, those possessing the power of the state have no obligation to answer to anyone or even share whatever information they are using to come to their illogical decisions.

Granting bail to Zimmerman renders all the rallies, petitions and hard work done around the world to bring him to justice meaningless. It effectively communicates defiance within the Sanford judicial system to say, “We don’t care what you think. We’re going to do whatever we choose to do.”

At this point, it’s hard to argue against anyone who feels compelled to hold the city of Sanford accountable for its actions. Boycotts, (peaceful) civil disobedience, and other tools at our disposal are called for when it comes to dealing with this tragedy of a judicial process. George Zimmerman himself should not be tried in the court of public opinion, but the public deserves answers to ensure that this son of a judge who’s been allowed to skirt responsibility for his actions in the past, isn’t being given yet another free ride by one of his father’s friends.

George Zimmerman may or may not be guilty of second-degree murder in the death of Trayvon Martin. But when accused of racial inequality, disrespect for the law, and stomping on the civil rights of its citizens, the Sanford judicial system has been found guilty beyond measure.

The same system that let a killer walk away from the scene of the crime and held a boy’s body in the morgue long after his parents filed a missing person’s report, is the one that is now allowing George Zimmerman to walk the streets with the rest of us.

This is what Sanford justice is all about, and it is a reminder that we cannot simply sit back and let the system take its course.


In case you were wondering, no, Dr. Watkins does not teach law. What is it about these people with finance and economics degrees? I think all those numbers must kill brain cells. I would be embarrassed to take any class from someone so woefully ignorant, especially at a university as prestigious as Syracuse.

Let’s start with the factual errors. The City of Sanford did not grant bail to George Zimmerman. That decision was made by a circuit court judge employed by Seminole County. There is no “Sanford judicial system.” This case is in the jurisdiction of the Eighteenth Judicial Circuit.

The investigation into the death of Trayvon Martin was originally handled by the City of Sanford Police Department. Due to media attention and public pressure, the case was taken over by a special prosecutor appointed by the governor. That prosecutor is Angela Corey, the State Attorney in Florida’s Fourth Judicial Circuit Court.

George Zimmerman did not simply walk away from the crime scene. He was the focus of a continuing investigation. He was questioned at length on several occasions, including an four hour interrogation on the night of the killing. The police notified Trayvon’s father of his son’s death at 8 am the following morning. Trayvon’s body was autopsied the next day after the killing and was held an additional couple of days as a courtesy until funeral arrangements were made by the family.

Our legal system is based upon the presumption of innocence. The 8th Amendment is the shortest amendment and states:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


In Florida as in all the other states, the amount of bail is determined by a judge after the consideration of certain factors. These include the seriousness of the offense charged, the danger to the community, the risk of flight and the strength of the evidence. The opinion of a lynch mob is irrelevant.

The judge in this case determined that Zimmerman was not a flight risk. He has longstanding ties to the community, his family lives in the area, he voluntarily surrendered his passport, he stayed in contact with the police and he had turned himself in when charges were filed.

Dr. Watkins admits that George Zimmerman should not be tried in the court of public opinion but that is precisely what he is demanding. The “court of public opinion” is simply another term for mob rule. And when the mob is made up of people like Dr. Watkins, injustice is the only possible outcome. One of the Huffpoop commenters said it best:

Watch a Western film some time, Professor. The people who storm the jail in a mob action aren’t the heroes.


UPDATE:

Media attorneys due in court in Zimmerman case

Attorneys for the Orlando Sentinel, WFTV-Channel 9, NBC, CNN, The New York Times and other media companies are to be in court today fighting for access to records in the George Zimmerman case, but today’s fight may not be a long one.

Some of what they’re demanding was released Monday, a week after they made their requests. Those are the records in Zimmerman’s court file, such things as his written plea of not guilty and a request by his lawyer that an earlier judge step aside because of a potential conflict of interest.

Another set of much-sought-after records may be another, bigger fight. Those are the ones collected by the special prosecutor and spelling out what evidence she has against Zimmerman.

[...]

Two weeks ago, Zimmerman’s lawyer formally asked Special Prosecutor Angela Corey to provide the records by today, a deadline she is required by law to meet.

Once she provides them to him, they’re public records, meaning they should be available to anyone who asks for them.

But the day after Zimmerman’s arrest, defense attorney Mark O’Mara asked that those records be sealed, and Corey’s trial lawyer, Bernie de la Rionda, agreed, and so did Seminole County Judge Mark Herr.

But on Thursday, Corey’s office indicated it was preparing to release them to the public.

It’s not clear whether the case’s new judge, Circuit Judge Kenneth Lester Jr., will listen to arguments today about those prosecution records.


If those records are released, we’ll know everything the prosecution knows.



A Nuanced Portrait

George Zimmerman


Reuters:

George Zimmerman: Prelude to a shooting

A pit bull named Big Boi began menacing George and Shellie Zimmerman in the fall of 2009.

The first time the dog ran free and cornered Shellie in their gated community in Sanford, Florida, George called the owner to complain. The second time, Big Boi frightened his mother-in-law’s dog. Zimmerman called Seminole County Animal Services and bought pepper spray. The third time he saw the dog on the loose, he called again. An officer came to the house, county records show.

“Don’t use pepper spray,” he told the Zimmermans, according to a friend. “It’ll take two or three seconds to take effect, but a quarter second for the dog to jump you,” he said.

“Get a gun.”

That November, the Zimmermans completed firearms training at a local lodge and received concealed-weapons gun permits. In early December, another source close to them told Reuters, the couple bought a pair of guns. George picked a Kel-Tec PF-9 9mm handgun, a popular, lightweight weapon.

By June 2011, Zimmerman’s attention had shifted from a loose pit bull to a wave of robberies that rattled the community, called the Retreat at Twin Lakes. The homeowners association asked him to launch a neighborhood watch, and Zimmerman would begin to carry the Kel-Tec on his regular, dog-walking patrol – a violation of neighborhood watch guidelines but not a crime.

Few of his closest neighbors knew he carried a gun – until two months ago.

[...]

The 28-year-old insurance-fraud investigator comes from a deeply Catholic background and was taught in his early years to do right by those less fortunate. He was raised in a racially integrated household and himself has black roots through an Afro-Peruvian great-grandfather – the father of the maternal grandmother who helped raise him.

A criminal justice student who aspired to become a judge, Zimmerman also concerned himself with the safety of his neighbors after a series of break-ins committed by young African-American men.

Though civil rights demonstrators have argued Zimmerman should not have prejudged Martin, one black neighbor of the Zimmermans said recent history should be taken into account.

“Let’s talk about the elephant in the room. I’m black, OK?” the woman said, declining to be identified because she anticipated backlash due to her race. She leaned in to look a reporter directly in the eyes. “There were black boys robbing houses in this neighborhood,” she said. “That’s why George was suspicious of Trayvon Martin.”

[...]

One morning in July 2011, a black teenager walked up to Zimmerman’s front porch and stole a bicycle, neighbors told Reuters. A police report was taken, though the bicycle was not recovered.

But it was the August incursion into the home of Olivia Bertalan that really troubled the neighborhood, particularly Zimmerman. Shellie was home most days, taking online courses towards certification as a registered nurse.

On August 3, Bertalan was at home with her infant son while her husband, Michael, was at work. She watched from a downstairs window, she said, as two black men repeatedly rang her doorbell and then entered through a sliding door at the back of the house. She ran upstairs, locked herself inside the boy’s bedroom, and called a police dispatcher, whispering frantically.

“I said, ‘What am I supposed to do? I hear them coming up the stairs!’” she told Reuters. Bertalan tried to coo her crying child into silence and armed herself with a pair of rusty scissors.

Police arrived just as the burglars – who had been trying to disconnect the couple’s television – fled out a back door. Shellie Zimmerman saw a black male teen running through her backyard and reported it to police.

After police left Bertalan, George Zimmerman arrived at the front door in a shirt and tie, she said. He gave her his contact numbers on an index card and invited her to visit his wife if she ever felt unsafe. He returned later and gave her a stronger lock to bolster the sliding door that had been forced open.

“He was so mellow and calm, very helpful and very, very sweet,” she said last week. “We didn’t really know George at first, but after the break-in we talked to him on a daily basis. People were freaked out. It wasn’t just George calling police … we were calling police at least once a week.”

In September, a group of neighbors including Zimmerman approached the homeowners association with their concerns, she said. Zimmerman was asked to head up a new neighborhood watch. He agreed.


It was such a simple story – literally black and white. A trigger-happy racist vigilante. An innocent young black kid walking home from the store with some candy and a soft drink. Racial profiling and cold-blooded murder.

Then the facts screwed it up.

Whatever else he may be, George Zimmerman is not a caricature. He’s not even “white” as most of us would define it. If he’s white then so is Barack Obama. He is a husband, father and human being. He was a good neighbor. He killed a man, but is he a murderer?

He had good reason to be concerned about crime. The condo community he lived in had seen a wave of burglaries and attempted break-ins. He was one of the victims. Then one night he saw a strange face in the neighborhood. According to Zimmerman’s statement during the 911 call Trayvon Martin was acting suspiciously, so he called the police like he was supposed to do.

Did Zimmerman exercise bad judgment in following Trayvon? Probably. It certainly didn’t work out very well for either of them. But was he acting recklessly or maliciously? I haven’t seen evidence of that.

There are still unanswered questions. What (if anything) was Trayvon doing that made him seem suspicious? Was Zimmerman following Trayvon or chasing him? Why didn’t Trayvon go home (he had a headstart and 90 seconds to travel 70 yards). Who confronted who? Who threw the first punch?

We haven’t seen all the evidence but many minds are already made up. There are some who will continue to insist it was murder. Others will say it was clearly self-defense. But there is also a place between “guilty” and “innocent” called “not proven.”


Jeralyn has more here.

Tom Maguire has his take here.


Zimmerman bail hearing today (UPDATED)

George "Whitey" Zimmerman


Zimmerman’s family to testify via phone at bond hearing, Martin’s parents to attend

George Zimmerman’s family will testify by phone at a Friday bond hearing in the Trayvon Martin murder case, while his young victim’s parents will be there in person.

Zimmerman’s attorney Mark O’Mara will ask for his client’s release on bond at a hearing scheduled for 9 a.m. in Sanford, Fla.

Zimmerman, 28, was charged last week with second-degree murder in the shooting death of 17-year-old Martin.

According to the Orlando Sentinel, O’Mara filed an unopposed motion Thursday “to allow telephonic testimony from family members” at the bond hearing.

A family source confirmed to FOX News Channel that Martin’s parents — Tracy Martin and Sybrina Fulton — will attend the hearing.

If prosecutors oppose Zimmerman’s release on bond, they are required to present evidence against the 28-year-old on why he should remain behind bars throughout his trial.

Seminole Circuit Judge Kenneth Lester will preside over Friday’s hearing. Lester replaced Judge Jessica Recksiedler Wednesday after she recused herself because of her connection to a lawyer hired to provide commentary on the case for CNN.

Factors in whether Zimmerman will get bail include whether he poses a flight risk and is a danger to the community. Legal analyst Mark Geragos told CNN Thursday of Zimmerman’s quest for release, “All things considered, I think it is likely.”


“Bail” is the term for money or property pledged to guarantee a criminal defendant’s appearance at court. Because defendant’s are presumed innocent, pretrial confinement is permitted only in limited circumstances. The 8th Amendment prohibits excessive bails.

The amount of bail is up to the judge. In determining the amount of bail the judge is supposed to consider the seriousness of the offense, the weight of the evidence and the defendant’s ties to the community. The judge will also consider the defendant’s prior performance on bail, if any.

In this case the defendant (Zimmerman) is not accused of a capital crime but he is facing a possible life sentence. The evidence presented thus far is slim. He has lived in the community and has family there as well. There is no evidence of him failing to appear in court in the past, and he voluntarily surrendered.

I’m guessing the court will set bail somewhere between $250,000 and half a million. Normally a bondsman will want 10% of the bail amount as their fee, but they may agree to issue a bond with a substantially smaller deposit if there are co-signers with good credit.


UPDATE:

Bail granted for George Zimmerman in the amount of $150,000 ($15,000 cash) with ankle monitoring and other restrictions. He will be allowed to leave the state.


Follow

Get every new post delivered to your Inbox.

Join 273 other followers