Tags

, , , , , , , , , , , , , , , , , , ,

 Trayvon Martin: Guilty of Causing his Own Death

       George Zimmerman: Not Guilty of Killing Trayvon Martin

Based on all the circumstances of this case as we now know them, there can be no doubt that Trayvon Martin died thinking that he was the victim of a robber, or someone who wanted to do him great harm. Trayvon does not know exactly what happened to him, and Zimmerman did not even bother to introduce him to the kid as a neighborhood watchman.  Zimmerman was the one with a criminal record, an assault and battery on a police officer and charges of domestic violence. He had to attend a diversion program and participate in anger management. Yet, if you followed that trial, it was Trayvon who was portrayed as the criminal, a beast who did not belong. Defense Attorney Mark O’Mara sought to have it both ways. But he might have gotten his client off, it is doubtful that he will get away with the smear campaign to drag Trayvon Martin’s name in the mud. Zimmerman was out to be hero even if that meant killing somebody. He described Trayvon to the Cops after he killed him he continually referred to him as a suspect. One thing for certain beyond any doubt is that the man has a problem and was prepared to shoot somebody in order to raise his profile in the community. It just so happened that Trayvon crossed paths with that time bomb just as he was about to explode. While O’Mara has been complaining vociferously to the media that the Martin Family attorney Benjamin Clump has tried to turn martin’s death into a civil rights and a racial incident, it is in fact O’Mara who brought race front and center into the trial and has used the media to demonize Trayvon Martin. A zealous defense attorney is always to be commended, given that anyone who is accused of a crime should be defended by a competent and devoted lawyer. However, both attorney Don West and Mark O’Mara crossed the lines in this trial, and in fact went way overboard in impropriety territory. One could find dozens of examples where these attorneys took actions that they did not have to engage in order to serve their client well and arrive at the same result, which was a not guilty verdict. But their strategy and use of words in the courtroom to appeal to the public and ultimately to that jury’s basal instinct of racial animus was disgraceful and unconscionable.

Throughout the trial, Mark O’Mara and Don West overtly portrayed Trayvon Martin as a thug, a brute, who did not belong where he was, did not run home when he had a chance to, and then viciously attacked Zimmerman without provocation. They continued this smear campaign in a press conference Saturday night after the verdict and in subsequent interviews with the very media that he accused of conspiring with the Martin family to “victimize” his client, the guy who shot the teenager in the heart. They have done all of this despite the fact that in court testimony, it was revealed that George Zimmerman was a mixed marshal art student, based on the defense case, Trayvon Martin turned into some type of incredible hulk on that fateful night and was therefore able to “bash Zimmerman’s head on the pavement repeatedly while punching him rapidly dozens of times, straddled him, held Zimmerman’s nose and mouth in an effort to suffocate him, and then reached for Zimmerman’s gun. Zimmerman’s defense even called a witness to tell the jury how she was being robbed by a young Black male while holding on to her young child, even though Trayvon Martin had nothing to do with what happened to her. According to this defense theory, Zimmerman, that night, had turned into a hopeless 5 pound dummy that did absolutely nothing to defend himself, except to yell for help like a scared teenager until he pulled his gun and shot Trayvon Martin in the heart. Police photographs taken the night of the incident showed Zimmerman with some minor injury he apparently sustained in a struggle with Trayvon Martin. Trayvon was found face down in the grass with his hands underneath him, seemingly clutching his chest.

Saturday July 13: The “Not Guilty” verdict was read in the Seminole County Courthouse.  It took the 6 women jury, 5 Whites and 1 of unknown ethnicity, 16 hours of deliberation before a verdict was read before Judge Debra Nelson. The trial lasted 25 days and included over 200 exhibits and dozens of witnesses. On the advice of counsel, the parents of Martin, Sybrina Fulton and Tracy Martin were not in the courtroom when the verdict was read. Following the verdict, people marched in protests in Chicago, Washington, DC, and in Oakland and San Francisco, CA. More protests took place in over 20 cities around the country on Sunday July 14, 2013.

Roslyn M. Brock, Chairman of the NAACP was quoted as saying, “Today, justice failed Trayvon Martin and his family,” “We call immediately for the Justice Department to conduct an investigation into the civil rights violations committed against Trayvon Martin. This case has re-energized the movement to end racial profiling in the United States.”

How Did We Get Here?

February 26, 2012:  George Zimmerman, 28, called police to report “a real suspicious guy” walking through a gated community in Sanford, FL. This turned out to be 17 year old Trayvon Benjamin Martin who lived with his mother in Miami and was sent to spent a school suspicion time with his father who lived in the Twin Lakes community near Orlando, Fl. Zimmerman admitted to have followed Trayvon and shot him in the heart. During police questioning he claimed he acted in self-defense, alleging that Trayvon attacked him  and “bashed his head onto the pavement,” punched him dozens of times, straddled him, attempted to suffocate him by covering his nose and mouth, and tried to grab his gun from his holster. As a result, Zimmerman claimed to police, he was in fear for his life, and felt he had no choice but to shoot Trayvon Martin. Sanford Police took Zimmerman’s statement and then allowed him to go home that night.

45 days later the teenager’s family reached out to civil rights leaders, such as the Reverend Al Sharpton, Ministers of their local church, the NAACP, and social media in search for “justice for Trayvon.” The family wanted an arrest in the killing of their young son. Over 2 million people signed a petition online; Thousands marched in multiple cities; Volunteers worked to establish the Trayvon Martin Foundation; eventually, 45 days after Martin was shot dead by Zimmerman, the Governor of the State of Florida removed the investigation of the case from the Sanford police department and transferred the matter to the State prosecutor’s office. The Chief of the Sanford Police subsequently resigned.

With Martin’s death, Zimmerman remained the only witness to the entire incident. Even though several people who lived in the complex at the time were partially eye and ear witnesses to the incident that led to Martin’s death, no one aside from Zimmerman could speak to the entire incident. But there was a crucial ear witness, Martin’s 18 year old friend, Rachel Jeantel, who was on the phone with him from the time he left the variety store on that dark rainy night where he bought ice tea and Skittles before he started heading back home. Following the killing, George Zimmerman gave several statements to police, including a videotape re-enactment, but stuck to the major lines in his story.

June 24, 2013: The trial lawyers gave their opening arguments in the Seminole County Criminal Justice Center. The prosecution presented the jury Zimmerman’s call to police before the shooting. During that call, Zimmerman could be heard referring to Martin using derogatory language and purporting that Martin was a potential criminal suspect, in addition to implying that Trayvon Martin was of the same racial and ethnic background as previously known persons who have burglarized houses in the neighborhood where Zimmerman lived and had signed up to be a neighborhood watch captain. Having being denied admission into the police academy due to adverse credit, George Zimmerman enrolled in a criminal justice program where the evidence showed he studied self-defense and Stand your Ground laws.

The Prosecution Case

Prosecutors described how Zimmerman “profiled” Trayvon Martin, followed him through the housing complex, while Martin was trying to lose Zimmerman and get home, and then at some point, according to the prosecution theory of the case, George Zimmerman caught up with Trayvon and a struggle ensued wherein Zimmerman grabbed his already loaded gun and shot Martin in the heart. The State called numerous witnesses to the stand, including several neighbors who made 911 calls to police and captured a cry for help on their 911 calls. Witnesses speculated as to whose voice they thought might have been yelling for help on the 911 call.

The Defense Case

During closing arguments, the defense showed a video game-like animation to show the jury their theory of the case. In a 3 hour presentation, attorney Mark O’Mara used a cardboard photo of a shirtless Trayvon portraying the teenager as not a boy, but a Black man who deserved what he got. He repeatedly told the jury to remember that it was Zimmerman who was protecting his neighborhood against “people” like Trayvon, despite the fact that Trayvon had nothing to do with what had gone on in that neighborhood. Trayvon Martin was made to carry the load, pay with his life, and ultimately he was responsible for what every young Black male has ever done wrong in this country. Mark O’Mara asked the Jury for this and that was reflected in the verdict. Prosecutors Bernie de la Rionda and John Guy pointed to the jury all the inconsistencies in the various statements Zimmerman gave to the police, and highlighted aspects of Zimmerman’s story that simply do not make sense and could not have happened the way he said they did. For example, prosecutors showed the jury that Trayvon could not have been able to see the black and concealed weapon in the dark, especially given that the gun was concealed behind Zimmerman’s back underneath his shirt.

Throughout the trial, legal commentators and bloggers were almost unanimous that the prosecution did not meet its burden of proof beyond a reasonable doubt, by failing to present the jury with a clear theory of their case. Also, at the end of the trial, the prosecutors succeeded in getting Judge Nelson to agree to add a lesser charge of manslaughter to the jury instructions, but never addressed that charge in their presentation and further failed to properly instruct the jury on that charge. Given that, after about 15 hours into deliberations, the jury requested clarification on the charge of manslaughter. The judge, in agreement with the lawyers, responded to the jury’s question with a question, sending the jurors a note asking to specify their question. There is little doubt that the jury dropped the matter and disregarded the manslaughter charge altogether, because rather than specifying their question, just a short time later, they informed the court that they had reached a verdict. Zimmerman smiled and hugged his family members and his attorneys after the not guilty verdict was read by the clerk.

The Boycotting of the State of Florida Case v. George Zimmerman by Law Enforcement Witnesses

  • The prosecution case was impeded by some of the law enforcement witnesses who appeared bitter and more than willing to assist the defense even if they had to agree to speculate or to volunteer information, such as the detective who testified that Zimmerman asked about her cross, and the other one who told the jury that Zimmerman was mick. One after another the law enforcement and official State witnesses went out of their way to boycott the prosecution’s case. 
  • Detective Serino a 15 year veteran on the force who interviewed George Zimmerman three days after the murder of Trayvon Martin appeared unconvinced by Zimmerman’s story. Yet, he did all he could to help the defense during his cross examination. Veteran trial lawyers have all expressed astonishment at the way police law enforcement went out of their way to undermine the prosecution’s case. In addition, these are police officers and detectives whose very art is to lie at trials to get the State a conviction. These are professional liars who lie like rugs, but yet, for obvious reasons, they went into that courtroom intent on helping the defense. 
  • Racism kills, no matter how hard everyone tries to deny or ignore it. It is true that the prosecutor in all criminal cases carry the burden to prove a case beyond a reasonable doubt and in a murder trial the bar is even higher. However, the burden of proof is not beyond all doubt. The prosecutors failed to explain to the jury the importance of circumstantial evidence and tie their circumstantial evidence in this case to the other evidence that they had. 
  • Trayvon Martin was racially profiled and the defense successfully got the Judge Debra Nelson to rule that the prosecution could not mention “racial profiling,” but then it was the defense that littered the trial with racial stereotypes and biases.  
  • Trayvon told Rachel Jeantil that he was being followed by a creepy … The term might be offensive to some people, but it is not racial. He also told Rachel Jeantil, “the n… is behind me.” 
  • Rachel Jeantil’s testimony could not be more important or true. Trayvon did not know he was going to get killed that night. Therefore, he was not trying to document what was happening to him. He was barely telling his friend what was going because he was scared. 
  • Similar to the police, the jury was willing to believe Zimmerman’s version of what happened that night, despite the discrepancies and holes in his story. This is rather understandable since people commonly show the ability to suspend their own judgment when they want to believe somebody no matter how absurd or disjointed a story may be.

In addition to the self-defense jury instructions, the judge also included an    entire section of “Stand your Ground” in the Jury instructions, even though that was never part of the case, and Zimmerman’s lawyers waived his “Stand your Ground” immunity hearing, which could have prevented him going on trial, had he prevailed in such a hearing.

Zimmerman was clearly well schooled in self-defense law and other police tactics, and had time to prepare his story while waiting for the police to arrive after he shot Trayvon Martin.

  • Furthermore, Zimmerman could not have been straddled the way he said he was and still being able to pull his concealed weapon 
  • Why was Zimmerman driving around with a loaded gun with a live bullet in the chamber if he was not ready to shoot and kill somebody? George Zimmerman must have pulled his gun on Trayvon when Rachel heard Trayvon’s headpiece fall to the ground. Seeing the gun would have prompted Trayvon to start fighting for his life. 
  • Common sense would dictate that there was only one person yelling on that 911 tape, and it was Trayvon Martin. The yelling for help on the 911 call ended with the gunshot. The person who died was the one yelling. The yelling was so painful that no one could just stop like that unless it was the person who got killed. 
  • As for both prosecutor John Guy rhetorical question in his closing rebuttal and defense attorney Mark O’Mara’s outrageous insertion, “had the role being reversed and George Zimmerman was left dead on the grass that rainy February night, Trayvon Martin would have long ago been on trial and would be by now rotting in prison. 
  • Finally, never mind that Trayvon had every right to be where he was, but not the police, nor the prosecutors, certainly not the defense, no one seems to think that Trayvon Martin had any right to defend himself that night. It has never been mentioned by anyone. 

Unfortunately, the real tragedy is that none of this had to happen if this lying-in-wait to kill somebody neighborhood watchdog who told Shawn Hannity

Al Sharpton

on Fox News that he would not change a thing because he believes that it was all God’s plan, if only he had approached Trayvon and introduced himself by talking to the boy like a human being, he would have found out that it was just a kid trying to get home. Would it not be justice if Zimmerman never got to enjoy his new found undeserved freedom, because he could be kept fighting enough court battles (the pending perjury charges, wrongful death, hopefully a federal civil rights lawsuit) for the next so many years to cleanse his hands of Trayvon Martin’s blood? Justice comes in all shapes and forms, and sometimes when you win you lose. It is worth mentioning that protests around the country on Sunday July 14, 2013 occurred from Coast to Coast. But make no mistake, it is not just Black people protesting what many judge to be an unfair verdict. In every city demonstrators include people of all races, gender, age, and socio-economic background. America continues to change; It is just taking a few hundred years. Perhaps, if more people of good will would come forward, stand up, say enough, and join in to move the country past the racial ills that continue to divide and create gaps large enough for things like this to continue to happen. This will not happen, however, with continuous denial that racial biases and prejudice are fundamentally at the core of this divide. In fact, in the post civil rights Era, racism has gone undercover and has become even more dangerous. It has permeated politics and is being subconsciously being nurtured. The election and reelection of President Barack Obama did not happen because somehow the whole of America has waken up and decided to reject racial stereotypes and bigotry. It could even be argued that racism has gotten more entrenched in some circles. Mr. Obama is today the 44th president of the United States because American demographics have changed drastically and with that have sprung new mentalities and perspectives among a large enough percentage of the population to make the election of Black president possible. But he is still overseeing the incarceration of millions of Black Americans for crimes many many White Americans get away with, the killing of Blacks by cops, continuing abuse of Black males in particular by law enforcement, and a relentless assault by Right Wingers to maintain the demonization of African Americans. The country as a whole has much work to do to overcome this disastrous legacy.