We have been following the investigation into the death of 17-year-old Trayvon Martin in Sanford, Florida. The shooter, George Zimmerman, 28, has not been charged and reported a suspicious character to 911. Martin was returning from a 7-11 after buying Skittles. He was carrying the candy, a small amount of cash, and an iced tea. The family and many others have called for the arrest of Zimmerman, though the accounts of the shooting have been murky. Previously, we discussed the need to hear the 911 tapes, which have now been released and are linked below.
Zimmerman is reportedly a habitual caller into the police and is heard on one of the tapes complaining that ““These a**holes always get away.” Zimmerman states on the call that Martin appeared “up to no good . . . It’s raining. He’s just walking around, looking about . . . He’s just staring looking at all the houses.” Zimmerman says on the call that it is Martin who confronts him: “Something’s wrong with him. He’s coming to check me out.” However, he later admits that he is following Martin, which the police dispatcher discourages.
Police Chief Bill Lee said the 911 calls show that the incident was not a case of racial profiling. He said Zimmerman could not say whether the suspect was black or white. However, on the tape you hear Zimmerman say “He looks black” and then a few moments later, “He’s a black male.” While he is at first equivocal, he does identify his race. That does not mean that this is a case of profiling, of course.
However, family member have been critical of the handling of the case by the police and what they view as the police bending over backward to defend Zimmerman. The family had to file a lawsuit to get these tapes. After a hearing, the police finally relented.
The tapes certainly contradict some statements by the police. However, I am not sure that they substantially alter the status in the case. The evidence still is largely based on Zimmerman’s account, though such contemporary records are generally admissible. The tapes both help and hurt Zimmerman.
The statement by Zimmerman that “these a**holes always get away” certainly shows animus and he clearly follows the youth. However, that does not translate into evidence of intent to kill. I am more interested in the level of force used by Zimmerman and the two gunshots heard on the tape. It is possible that audio creates a misleading impression of two shots but that would seem an important forensic question. It is hard to believe that Martin would allegedly continue any confrontation of Zimmerman after a warning shot unless the shot was fired in the midst of a struggle over the gun. Zimmerman can cite the tape for his statement that he believed that Martin had something in his waistband and appeared on drugs. He can also cite his contemporary description of Martin approaching him.
Putting aside the complaints regarding the handling of the case by the police and the conflicting statements given by officials, there remains the question of whether there is sufficient evidence to base a charge against Zimmerman. I would like to see the coroner’s report on the trajectory and distance of the gunshot wound as well as audio analysis of the gun shot or shots. I would also like to see evidence of the abrasions on both men. Zimmerman was reportedly bleeding from the struggle but we have not heard many details on Martin’s other injuries.
Zimmerman would be wise to secure criminal counsel. There is probably enough here for an indictment. The most salient facts against him are (1) the statement on the 911 tape showing animus, (2) the disregarded instructions not to follow Martin, (3) the advantage in weight and possession of a firearm in the struggle, and (4) the lack of any weapon or proof of criminal conduct by Martin.
What do you think about the state of the evidence?
Here is the Zimmerman tape: 911 Tape (Zimmerman)
Here is a witness tape: 911 Tape (1)
Here is a witness tape: 911 Tape (2)
Source: CNN
http://en.wikipedia.org/wiki/Wetwork
“Wetwork or wet work is a euphemism for murder or assassination, alluding to spilling blood. The expression “wet work”, as well as the similar “wet job”,
“wet affair” or “wet operation”, are all calques of the euphemism used by the KGB for such activities, mokroye delo (wet job).[1] These operations are reputed to have been handled at the KGB by Spetsbureau 13, colorfully known as the “Department of wet affairs.” Assassins are referred to as “wet boys”.
The Russian expression “wet job” (мокрое дело) can be traced to at least the 19th century from Russian criminal slang (fenya, muzyka) and originally meant robbery that involved murder, i.e., spilling blood.”
@Malisha – Yes Mandy Patinkin was in the TV show. However, he was replaced by my other hero (and quintessential con-artist) Joe Mantegna. Yes Garcia is the computer-wiz-kid HOWEVER that is how the REAL FBI rolls. They are mostly ALL techno-phobes and need to hire consultants, interns, and entry-level IT people like Garcia. They hired Mittnick for his uber-skills but he just bolted later and I think is still on the lamb. They use outside help a lot. They have this consultant con-artist named Frank W. Abagnale, Jr. who is simply awesome. Did you see the movie about him Catch Me If You Can (2002)? Of course people in certain *other* federal agencies are all mostly cons and a pain in the FBI’s collective arse*. (LOL)
*http://www.politico.com/news/stories/0112/71826.html (one of 6 to date under Mr. Obama’s watch!)
You’d make a great OLD SCHOOL profiler. I think FBI BAU analysts requirements are pretty high. I think you have to be at least a PHD in psychology. Other agencies use them too but for more nefarious reasons.You could check out DHS. They need profilers to help them weed out their own pedophiles. (Just kiddin’ guys!!! Put down the phone – LOL)
Hey check out The Mentalist on CBS Thursdays at 10PM EST. Great show. Patrick Jane is the smart-azz consultant I fashion myself after. Maybe that’s why I’m freelance now huh?
SoTB: I had to stifle a grin at your last post. Wonder how many users here know what wet work is?
(Continuing – Page 2)
@Malisha – Maybe we could “confab” in a secure fashion. Of course I would know how. It is very secure IF you get a free account there too. Mine is sonofthunder@hush.com you can get a free one at http://www.hushmail.com – you have to use it at least once every 3 weeks or loose it. Note to spammers and other *strangers* I will not respond to anyone else without a hushmail account. It’s only secure between hushmail users not to outside email servers. All outside emails automatically go in Trash folder – sorry.
Dammit! I did it again! OK here is a less than 3 hyperlinks break down:
(Page 1)
@Malisha – If you are talking about the Jack Black clip from Enemy of the State then here is the OFFICIAL ORA job description: http://www.bls.gov/ooh/Math/Operations-research-analysts.htm
However, the federal kind do it a bit differently. But they NEVER get guns or are put in harms way in the field and stuff. For the off-the-books dangerous stuff they use “contractors” and “paramilitary” scary types (i.e. Xe and CSC/DynCorp?). The alphabet soup (that have no military role per se) likes using active matrixed Marines and US Navy ST-6 (et al) teams for their dirty-work (affectionately called wet work – something GZ marvels at and actually performed recently). However, the FBI needs none of that cloak-n-dagger crap. They do it legally.
If you want the best place on the Net to watch free movies and TV shows? Well there is a place but I don’t want to ruin it for them – they are not secret but not invulnerable to Hollywood-paid-hackers.
(Continued Page 2)
Oh, hey, I could play her! I’d need a few make-over and wardrobe items first of course. But I’m technologically challenged. Garcia seems to be a computer wiz.
Seriously, I do a certain kind of research that has no real name (that I know of). I comb through the papers and read through the stuff and pick out things that, put together with other things, throw things into relief so I can see them better, and then I “get” them — whereupon I can actually SPLAIN THEM to others! I believe I have solved the JonBenet Ramsey case. (No idea WHO killed her, but the category of her killer, I think I have — and the son of that family knew, too, and the police could have easily found out from him if they did not have incentive to avoid finding out). THe things that went into my belief about that were: reading the publicly available reports (bad and good and ugly); speaking with dozens of cops and medical providers (because I used to be a lecturer and panel presenter on the Public Health Service conference circuit, subject child abuse); gathering information from everyone who wanted to share information, for about 2 years, and then studying my own notes for weeks and months.
If there were big powerful organizations composed of the representatives of little exploited kids, they’d have gone to bat to force an appropriate police response to the Ramsey case, too, but —
Since little kids have no power and no money, and no union, and no backing, and no influence, and no way to organize, and since their mothers generally lack that kind of power as well, well…
Is Criminal Minds the show that starred Mandy Patinkin? He co-starred with my friend in the Broadway production of the WILD PARTY, a show I did not love (but one that featured Eartha Kitt, whom I did love!). In that show, there’s a young skinny guy who puts things together in his mind and “profiles” psychological states of the criminals — that might be more up my alley if I had an alley. (I’m not a landowner either.)
I really like the fact that you “see me” as a TV personality! And a SMART BLONDE TOO! HA!
@Malisha – I personally see you as “Garcia” from “Criminal Minds” – it’s a TV show about the people who the FBI will or already has called in on this Zimmerman case. It’s called BAU (Behavioral Analysis Unit). They will need profilers to help reconstruct what REALLY happened and not George’s very retarded version. They will probably share info with FL-SpecProc too. IMHO George Zimmerman is SOOOO very screwed now… Daddy will NOT be able to just make this one go away. Too much press. And the present Administration isn’t full of corrupt Necons either (Dubya and Cheney?). And the POTUS already said Trayvon could have been his son. I’m sure Eric Holder feels the same way too. Director Mueller won’t let ANOTHER Florida Hate Crime get swept under the rug on his watch and be the sole reason why the 2012 Florida Riots happen? I smell a sacrificial lamb cooking and it’s not for George Zimmerman’s Bar Mitzvah.
http://www.youtube.com/watch?v=YInRabJYxyw&feature=fvst
The fictional Garcia is the quintessential ORA (Operational Research Analyst). She was recruited after a FBI hacker-sting (i.e. like the real hacker and present felon Mittnick). So her salary would not be typical to GSA paygrades.
OK, here’s a confession: I did not understand what I saw on that video clip. OK, here’s another one: I have probably seen about 120-130 movies in my whole life. That’s if you don’t count Fellini’s 8-1/2 which I saw about 20 X and Rashomon which I saw about 10 X. I have a friend who is a professional actor (Tony Award) and she sees movies ALL THE TIME and she teases me half to death about this, but there are reasons. First: I do not understand them! Second: I fall asleep during them. Third: They sometimes cost money and I’m a notorious skin-flint. So I will view this several times more, get some advice from my friends (including one who is 12 years old so he knows EVERYTHING!) and try to figure it out.
Again, thank you!
PS: I want to put together a project. I want to collaborate with you on it. I have no money to back it. We should “do lunch” when the Eagle Lands.
Keep this a secret. Life depends on it.
Son of Thunder, you’re so far ahead of me I am laughing helplessly. I’ll check out Polmar, thanks. I’ll be looking up definitions of words and checking phrases now for a couple of days — talk to you at the end of the week!
Thanks!
PS: Not a Ford, please tell me not a Ford–
@Malisha – I said earlier that my Hollywood hero and alter-ego is “Jack Black”. Watch this YouTube clip of him in movie Enemy of the State. You will see him playing an O.R.A. for the “Puzzle Palace” in Ft Meade Maryland. Only I “DID” (past tense) it for private industry not the infamous alphabet soup.
http://www.youtube.com/watch?v=3SZD8UNt6Js
I particularly liked timestamp 06:40 onward… ahh memories of stale coffee and partner’s B.O.! (LOL) – just kiddin’ around…
Remember Gene Hackman’s line from the movie “I’m not a conspiracy theorist because I’m actually…” you fill in the rest. (Still kiddin’ around…)
@Malisha – But I can share with you one of my recent passions. Read up on this guy and try and figure out his back-story (bio). Good luck with that. He loves everything I love but he is better at it then anything I could possibly imagine: Norman Polmar. He is a published author and has done much TV and press these days. He is the REAL go-to-guy. I can only sit back and marvel at what he knows and has forgotten. I love Pierce Brosnan’s character and Pierce too (he loves the Cetaceans more than our Navy – I love both) but Norman is the real deal. Kinda’ like Bond vs. Poindexter? Just to pique your interest Norman was born in U.K. – huh? (And BTW he could break this Zimmerman case in his sleep! I’m sure he’s watching it too from VA. I can just imagine what he’s telling his friends: “Just let me render George to GITMO in a head-bag and we’ll get him talking with a little good ol’ E.I.T*…”)
Poindexter:
http://www.felixthecat.com/IMG/ff-poindexter.gif
Bond
http://tinyurl.com/c6gusn7
Visualize my like this one (BMW and all) even though I’m more like the first one (with a busted down Ford P.O.S.). Norman drives a BMW I’m sure! He’s rich too!
*What’s EIT? Watch time-stamp 09:15 onward from “Quantum of Solace”:movie: Youtube /watch?v=IHhLfIavW_8
Oh, oops. Hey I got my son a T-shirt when he was 9 — his name was Danny, and the T-shirt (I got it used for $1) was a Christmas T-shirt. It was white but the square frame in which the picture appeared was the traditional green, red, like that. It showed a fireplace and a kind of sooty but typical red-velvet clad Santa emerging from it. He addresses a little boy of about 4 years old who is standing there in trap-door pajamas and holding a teddy bear by the foot. The caption reads, “I’m sorry, Danny, but now I have to kill you.”
I was interested not because of content but because I don’t actually know what an “operational research analyst” does! Forgive my ignorance — I have quite a lot of it — but research is my hobby.
I appreciate your input, as always…
@Malisha – Yes… One very big one. But you know what “they” say. I could tell ya’ but I’d have to… (snicker)… No really it would be nice to share but I can’t. You ever hear of N.D.A.’s? Mine is still within the 5-year period. Maybe when I write a book or something. Just keep picking my brain for now.
Son of Thunder, thanks once again.
Your expertise is fascinating to me; how does one read a case that you have been involved in — are any of them available on-line?
@Otteray Scribe – Albeit certain people in the I.C. use “home-grown” audio analysis tools, some folks like the Japanese stuff for quick & dirty audio work. Like Sound Forge Pro 10 by Sony. You can download a free trial demo here:
http://www.sonycreativesoftware.com/download/trials/soundforge
It used to be called “Sonic Foundry”.
I ALLEGE that a certain federal agency in VA used SFPRO to assist SecState Colin Powell at the UN to help make those fake audio recordings re:WMD. If your psycholinguistic skills are pretty good you IMO can do what you want to do with SFPRO’s Spectrum Analysis tool.
You can find 26Feb2012 SPD 911 audio just about anywhere on internet today. Also you can get Selma Mora and Mary Cuthcher’s exemplars from YouTube. I think both use the word “help”. Also John or “Tim”‘s voice can be heard on Fox or Youtube. He uses the word “help” too.
I’d really like to see what you (or any one else who wants to dabble in audio analysis) come up with.
@Malisha – As Otteray Scribe already knows I am a Operational Research Analyst from Connecticut. Here is the Bill on setting up US Secret Service agents and other Federal Agents as CT “Peace Officers” – http://www.cga.ct.gov/2010/rpt/2010-R-0042.htm – This new law totally baffles me.
I work for private industry (i.e. insurance, etc.) and have done consultant/contractor work for FBI (Trap Line) et. al. as a licensed investigator. I am no longer the later. I’m freelance now. I make a great “go to guy” as I have so many “friends in low places” and *other* sources. I excel in a technique known as OSINT in the community.
If you need a Hollywood analogy for me just think of actor Jack Black in the movie “Enemy of the State” only I am freelance (private industry) and never worked for FeeBee, Puzzle Palace, nor Criminals In America. I came close but I don’t play well with others. Something about “ambivalence toward authority” – much like how Trayvon reacted to George’s pseudo-authority.
More info on Georgie-Boy – Has his own website now. I haven’t scanned it yet. I’d be interested in any input on people’s observations on his thoughts there. Looks like the FL Special Prosecutor Angela Corey (the Shark or is it Barracuda?) will go after GZ on her own. She has an AMAZING track record with ripping SYG phonies a new one. Recently a white guy blasted a black guy during road-rage and he claimed SYG. He is (or will be) doing MAJOR time in Florida DOC.
George is really LAWYERING up big-time. I think they will fire that moron who runs away from MSNBC TV interviews. Daddy will probably get that guy he used from the George vs. SPD cop case back in 2005? He’s taking up a collection from his NRA friends and other right-wing nut cases. NRA has already sent in $10k. I think the New Black Panthers also will put up $10k but not to GZ (LOL).
I think it is very wise not to involve a grand jury in this case because it is only needed for first-degree murder, and nobody wants a first-degree murder charge in this case, neither the 75% nor the 25%! The manslaughter charge the cops originally wrote on the form they failed to use on 2/26/2012, however, was completely inapplicable – FL 782.11 which was designed for cops who accidentally killed while apprehending criminals. That one required that the victim be in the midst of the commission of a felony when killed! This does, however, bring up the recent (several years back) struggle we anti-death-sentence folks waged to try to save Martin Grossman who had no intent to kill his victim when, at the age of 19, and with an intelligence that I think was measured somewhere around 72 or so, he killed a parks and recreation officer while trying to prevent her from phoning in a violation report on him; he was afraid, clumsy and “non-compos” and he killed her while trying to pull HER gun away from her inside her squad car. He was convicted of premeditated murder in a trial in which, let us say, his defense attorney was minimally competent. And in the penalty phase, his enhancements came from juvenile misbehavior including offenses in which he was interviewed with neither parent nor counsel present. Looking at this case, and that case (where race was not involved on either side) and understanding how police, prosecutors and judges regard behavior, I am discouraged. The good news, however, is that taking first-degree murder off the table will make it possible to do something RATIONAL in this case, which is sorely needed.
I was imagining what would happen if a “no-bill” came down after a grand jury proceeding that was suspicious for taint, and I was thinking, “Well, we don’t need Florida in this country anyway.”
I was imagining what would happen if a first-degree bill came down after a grand jury proceeding that was suspicious for taint, and I was thinking, “Well, we don’t need Florida in this country anyway.”
And imagine — a first-degree case with the death sentence on the table? As Roseanne Rosanadanna used to say: Nevermind!
What I am really interested in now is the response of the DOJ to the charges that the police and prosecutor (at least) deliberately mishandled the case from the beginning. Even “we don’t need you to do that” is suspect, because it should have been: “Mr. Zimmerman, do not follow that person, please return to your car and wait for the officers to arrive.” That would have been a lawful order. Or, “Mr. Zimmerman, following that person is against Florida law,” would have been better. “We don’t need you to do that” was a much different order than I believe a young noticeably African American person would have heard if he had phoned in his complaint that there was a white man walking around outside after 7 p.m. on 2/26/2012.
Thanks for the summary Mespo.
Here’s a good summary of Florida law on the topic from the FLASC in the 2010 case of Florida v. Steven Montgomery:
We conclude that under Florida law, the crime of manslaughter by act does not require that the State prove that the defendant intended to kill the victim. Relevant to our conclusion is the role of intent in cases of first-degree and second degree murder, of which manslaughter is a necessarily lesser included offense. In order to establish first-degree premeditated murder, proof of the defendant‘s intent
to kill the victim is required. In fact, not only must a jury find that the defendant intended to kill the victim, it must find that the defendant did so with premeditation—a heightened level of intent. Section 782.04(1)(a), Florida Statutes (2005), defines first-degree premeditated murder as ―[t]he unlawful killing of a human being‖ that is ―perpetrated from a premeditated design to effect the death of the person killed or any human being.‖ (Emphasis added.)
The element of premeditation distinguishes first-degree from second-degree murder. Second-degree murder is an unlawful killing that is ―perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life . . . without any premeditated design to effect the death of any particular individual.‖ § 782.04(2), Fla. Stat. (2005). Conduct that is ―imminently dangerous to another and evincing a depraved mind‖ is characterized by ―an act or series of acts that: (1) a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and (2) is done from ill will,hatred, spite or an evil intent, and (3) is of such a nature that the act itself indicates an indifference to human life.‖ Bellamy v. State, 977 So. 2d 682, 683 (Fla. 2d DCA 2008) (quoting Duckett v. State, 686 So. 2d 662, 663 (Fla. 2d DCA 1996)).
Manslaughter, a lesser included offense of both first-degree and second degree murder, is defined as ―[t]he killing of a human being by the act,
procurement, or culpable negligence of another, without lawful justification . . . in cases in which such killing shall not be excusable homicide or murder.‖
§ 782.07(1), Fla. Stat. (2005). Section 782.07(1) states as follows:
(1) The killing of a human being by the act, procurement,
or culpable negligence of another, without lawful justification
according to the provisions of chapter 776 and in cases in which
such killing shall not be excusable homicide or murder, according
to the provisions of this chapter, is manslaughter, a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. – § 782.07(1), Fla. Stat. (2005).
While section 782.07(1) establishes three forms of manslaughter (by act, by procurement, or by culpable negligence), our present focus is on the crime of manslaughter by act. We observe that the statute does not impose a requirement that the defendant intend to kill the victim. Instead, it plainly provides that where one commits an act that results in death, and such an act is not lawfully justified or excusable, it is manslaughter.
Although in some cases of manslaughter by act it may be inferred from the facts that the defendant intended to kill the victim, to impose such a requirement on a finding of manslaughter by act would blur the distinction between first-degree murder and manslaughter. Moreover, it would impose a more stringent finding of intent upon manslaughter than upon second-degree murder, which, like manslaughter, does not require proof that the defendant intended to kill the victim.
Thus, we conclude that under Florida law, the crime of manslaughter by act does not require proof that the defendant intended to kill the victim.
OS:
I’m not aware of many prosecutors who would avoid a Grand Jury in an emotionally charged case without bringing charges. Here it looks like manslaughter is the best the putative defendant can hope for under the circumstances.