ABC News has been given a photograph that might make the difference between life in prison and a walk. For weeks, we have been discussing the case and the application of the Stand Your Ground law. As discussed earlier, I think the case was over-charged and I remain doubtful of a conviction. This picture will likely be the single most important piece of evidence in the case. It shows Zimmerman with significant blood on the back of his head — an image that supports accounts from the scene and will be used to corroborate Zimmerman’s account of a struggle with Trayvon Martin where he feared serious bodily injury. [UPDATE: Zimmerman granted bond].
Unlike the photos of Zimmerman at the police station, this photo was taken a few minutes after the fight. Zimmerman’s shaved head could prove Godsend for Zimmerman. Had he had longer hair, the injury would have not appeared so stark.
The photo shows both cuts and a contusion — injuries that would normally be defined as serious bodily injury by many courts in torts cases where head injuries are treated as inherently potentially serious. The original police report said that he was bleeding from the nose and head and that his clothes looked like he had been in a fight. Zimmerman claims that it was Martin who jumped him, punched him, and pounded his head on to the concrete sidewalk.
The prosecutors can still argue that they do not contest the fight but that Zimmerman started it. However, with this photo, the charge of second-degree murder appears even more excessive and undermines Special Prosecutor Angela Corey’s claim that she was not affected by the political pressure to charge Zimmerman. I can understand a manslaughter charge, even with the photo, but no reasonable prosecutor would consider the second-degree murder charge as based on this evidence. Corey clearly must have seen this photo and the reports before her charging of Zimmerman.
The photo should also assist Zimmerman in his efforts to get bail.
Zimmerman, 28, is still being held on charges of second-degree murder of Martin, 17. In my view, a denial of bail would be an abuse and unwarranted given the fact that Zimmerman cooperated at the scene and voluntarily turned himself in.
Source: ABC
This is a great thread, because knowing you idiots are here makes it that much safer for the rest of us driving home tonight.
Matt,
Which chief of police are you talking about?
*****
Trayvon Martin Investigator Wanted Manslaughter Charge
http://abcnews.go.com/US/trayvon-martin-investigator-wanted-charge-george-zimmerman-manslaughter/story?id=16011674#.T5HcyfLtpF8
Excerpt:
The lead homicide investigator in the shooting of unarmed teenager Trayvon Martin recommended that neighborhood watch captain George Zimmerman be charged with manslaughter the night of the shooting, multiple sources told ABC News.
But Sanford, Fla., Investigator Chris Serino was instructed to not press charges against Zimmerman because the state attorney’s office headed by Norman Wolfinger determined there wasn’t enough evidence to lead to a conviction, the sources told ABC News.
Police brought Zimmerman into the station for questioning for a few hours on the night of the shooting, said Zimmerman’s attorney, despite his request for medical attention first. Ultimately they had to accept Zimmerman’s claim of self defense. He was never charged with a crime.
Matt 1, April 20, 2012 at 6:46 pm
Elaine – Yes he was arrested the same night of the killing. He was later released because they believed his story.
==================================
That is false.
He was detained for questioning, not arrested.
They did not believe his stories so the lead dectective requested an arrest warrant.
The county mountie, who later recused himself from the case “for some reason”, denied the request for an arrest warrant.
Hey Mespo, I just re-read — well, sir, if YOU threaten me, I’m gonna change my tune. Yes indeed. You’re a Virginia lawyer. Anything a Virginia lawyer threatens me with, he can do — notice not needed, by the way — so I’ll just yessir you to death if you threaten me, no arguments at all, no false bravado. (Besides, I’m tired after changing clothes in a phone booth and fighting Matt!)
(Gene H, would you put one of those little faces in here for me? Thanks.)
Matt,
According to ABC News Zimmerman was not arrested.
http://jonathanturley.org/2012/04/20/reasonable-doubt-crime-scene-photos-shows-serious-injury-on-zimmermans-head/#comment-360662
Elaine – Yes he was arrested the same night of the killing. He was later released because they believed his story.
Mespo – “Oh, and I always know who’s packing — the insecure ones. And somehow they always find a way to use ‘em. That’s really what this case is about and I appreciate your letting us use you as exhibit A.” First of all, you must really like me, you keep writing to me, I thank you for your continued comments. I am not insecure, I’m well protected, and also protected by the 2nd amendment. If I’m being attacked and I feel my life is in danger or I’m in danger of serious bodily injury I am allowed to shoot my attacker. Are you protected? Would you be able to fend off a 200 pound man that pulls you into an alley to rape or kill you? You must be an all around gun hater aren’t you? One of the people who believes “the gun will go off all by itself”? It’s not finding a way to use the weapon, it’s a matter of using the weapon if I NEED it!
seamus 1, April 20, 2012 at 6:30 pm
“Of course he was treated at the scene and arrested and had injuries.”
=========================================
Ye olde pot calleth ye olde kettle black (as Elaine M pointed out).
Your fear of having a public discussion reveals a strong link to authority deference.
Revisit for a moment, the real world of the unreal world then get back to us.
K?
Malisha – Well published. The reason I carry a gun is because the world is changing in a direction that I don’t really like. Am I afraid of anyone? No. Is it because I have a gun? No. I don’t trust anyone but God and my family, other than that I can put trust in people but from my experiences they usually fail. Do I feel superior to anyone? No. I am equal to all people, however, there are plenty of morons out there and I would really rather protect myself than be someone elses victim.
Elaine – “The lead investigator did not believe Zimmerman’s story. He thought there was probable cause to charge him with manslaughter. Have you forgotten?” The Chief of police also said that no such conversation between him and that investigator ever took place. The Investigator also has not stepped up to rebut his statement.
Dredd – I was just stating that OJ wrote his very compelling book and titled it “If I did it.” Isn’t that a little strange? Don’t want to get into his case. That was years ago and the bastard is in jail anyways.
seamus,
Trayvon Martin Case: Timeline of Events
http://abcnews.go.com/blogs/headlines/2012/04/trayvon-martin-case-timeline-of-events/
Excerpt:
Zimmerman tells police he killed Martin in self defense. Zimmerman’s head and nose are cleaned up at the scene by EMTs. He is then cuffed and driven in a police cruiser to the Sanfrod Police department. He is questioned, tapes a video statement and is released. Police do not arrest him, nor administer a drug or alcohol test. But the police report classifies this as a homicide under statute 782.11 for the “Unnecessary killing to prevent unlawful act”
seamus,
“Of course he was treated at the scene and arrested and had injuries.”
Was Zimmerman arrested on the night of the killing?
Matt:
” You have no idea who is “packing,” … So I will say again, I think it’s best if you keep your ignorant comments directed away from me and talk about the actual case.”
***************
I ‘ll consider my kindly offer rejected. Oh, and I always know who’s packing — the insecure ones. And somehow they always find a way to use ’em. That’s really what this case is about and I appreciate your letting us use you as exhibit A.
Wow, so we found out a couple weeks ago that the idea that he was never arrested and was allowed to go home with his gun was pure b.s. when video of him at the police station with hand cuffs was released. Then the experts/amatuer detectives declared that Zimmerman had no injuries and was never treated by anyone at the scene so his story must be b.s.. Of course he was treated at the scene and arrested and had injuries. All of the witnesses who have spoken to the media or were recorded by the emergency dispatchers when calling 911 indicated a person in a white shirt (Martin) was on top of and/or beating a person in a red shirt (Zimmerman). It’s appears that perhaps the police were not the Keystone Cops the 24 hour news boys (primarilly interested in selling advertising) would have us think. It can be a very dangerous thing when a state’s attorneys office reverses itself because public opinion polls.
From what I’ve read about Florda’s kooky stand your ground law, there is a strong presumption against arresting someone in Zimmerman’s position. It’s a stupid law and Zimmerman’s an idiot for playing super cop. But prosecution via plebiscite frightens me as much as people like Zimmerman.
Matt 1, April 20, 2012 at 5:52 pm
…
Dredd – Dredd – “The same case involved in a book just released that argues the son did it, not O.J. the father?” Didn’t you hear the news? OJ openly admitted to his daughter that he did it when he was drunk. He openly admitted it YEARS ago! Not to mention his OWN book that was provocatively titled, “If I did it.”
=====================================
No, not the same case.
I am talking about the one that happened in a court of law.
I tend to let the jury decide, as provided by the constitution, for some strange reason.
Matt,
Do you know how Martin’s parents felt when they learned about the death of their son? Do you know the reason that Trayvon’s mother decided to trademark two phrases related to her dead son? I don’t presume to know her reasoning.
*****
Sybrina Fulton, Trayvon Martin’s Mom, Files For Trademarks
http://www.huffingtonpost.com/2012/03/27/sybrina-fulton-trademarks_n_1382491.html
Excerpt:
The mother of slain teenager Trayvon Martin is seeking trademarks for two phrases that have become associated with the movement surrounding her son’s death.
The Smoking Gun reports that Sybrina Fulton filed two applications for trademarks of the phrases, “I Am Trayvon” and “Justice for Trayvon.”
Some Smoking Gun commenters seem to think the move is an effort to profit from the outpouring of support for Martin.
One commenter wrote:
Crowd of hundreds: “Justice for Trayvon Martin!”
Mom: “Thank you, all! Now that will be $9.95 from each of you for using his name.”
But Victor Baranowski, a patent attorney with the law firm Schmeiser, Olsen and Watts in Latham, N.Y., told The Huffington Post that people can seek trademarks for all sorts of non-economic reasons.
“If you trademark the name, that’s going to prevent others from doing it and potentially capitalizing on it in a negative way or a different way than you want,” Baranowski said. “In a case like this, there’s gonna be others who would want to. So does she want to let somebody else do something with her son’s name or does she want it for herself?”
During the “Million Hoodie March” in support of Martin’s cause, a HuffPost reporter saw piles of merchandise for sale with Martin’s face on it. It was not being sold by anyone affiliated with Martin’s family.
Matt,
Would you have been okay with Zimmerman’s killing of Trayvon Martin if Martin were shorter? Was it his height that makes him guilty in your mind?
*****
You wrote: “…the police obviously believed it was a self defense case.”
The lead investigator did not believe Zimmerman’s story. He thought there was probable cause to charge him with manslaughter. Have you forgotten?
Trayvon Martin Investigator Wanted Manslaughter Charge
http://abcnews.go.com/US/trayvon-martin-investigator-wanted-charge-george-zimmerman-manslaughter/story?id=16011674#.T5HcyfLtpF8
OK, I have been off line for a while so before Professor Turley’s well deserved admonishment I had intended to write a humorous (I would consider it so, although y’all will be the judges) response to Matt. Well I will anyway since it’s not ad hominem.
First, to Elaine M: I stand corrected. It WAS his second article, the 911 article, NOT the first.
OK, Matt, here comes: We have a problem with communication, Matt. I did not mean that I would be very very VERY afraid of Zimmerman. In fact, I wouldn’t have been afraid of him past perhaps very very ve–. But I would be very very VERY afraid of YOU, if you were following me one night as was Zimmerman following Martin on 2/26/2012. Here’s why: I’d say:
“Wow that guy is defensive. If I stop and ask him nicely, ‘why are you following me?’ he will say: “What, you accusing me of beating up and raping defenseless women? You saying I’m a wife-beater? You saying I’m looking to kidnap and/or murder you? You making false allegations against me so you can bring me up on charges and get me prosecuted by some gung-ho media-mad legal sniper who wants me and all the other upstanding citizens of the world in jail for the rest of their lives so lying feminist misandrist bitches can run around crushing decent men who only want the world to be safe for good folks? Listen, you dumpy dowdily dressed daughter of a dork, you can’t fool me. You’re one minute away from a lesson in good manners, Bitch!’ And if I try to explain to him that his assessment of me is wrong and may even be profiling me which is not very nice, he will then say: ‘Where did you come up with that crap? You know what you have done, and I don’t need to tell you. Now you either start apologizing right now or you’re dead meat!’ Then I’d realize in a flash that this guy was the less successful brother of two boys who spent their childhoods locked in a horrible sibing rivalry, and the other brother won. Uh oh, bad news. I’d look quickly to my right, quickly to my left, and realize there was no good escape route. I’d think, “well maybe if I surprise him he’ll fall and I can get away,” and I’d throw a punch at you. BAM I would break your damn nose, Matt. Yes I would. It would all be part of my nefarious plan to have the media portray you as a misogynist. Then I’d leap on you and beat your head on the sidewalk. BAM BAM BAM. He’s not a man, he can’t take this kind of punishment — we all know that men are supposed to be able to take that kind of punishment don’t we? And finally I’d have you screaming, “HELP HELP HELP” but nobody would help. Why not? Because they are all secretly rooting for the woman to hurt the man, to dominate the man, to bring him down and humiliate him, I am SMOKIN, man I can’t STOP.
But then the great equalizer.
The man — as much as the dominatrix has brought him low and destroyed his manhood, the man reaches for his great equalizer. POW. I’m dead.
Well it wouldn’t have paid to be scared anyway.
The truth is, Matt, I couldn’t take you. You’d win. Because, as you point out, you don’t leave home without your great equalizer. How it must hurt to envision yourself as done-to as poor George Zimmerman, on the ground under that 17-year-old, taking a beating, having to get equal the only way you could — POW.
So long as you have that gun, Matt, you’re equal to me, or superior I’d say, at least one way.
Gene H, Mespo, et al: Thanks for your defense.
Dredd,
Again…Thank you….
Dredd,
Thank you kindly…. You are a true gentleman…..
Gene,
I am getting that book.
Michele – Then why did the funeral directer state openly in an interview for the news that he “didn’t see any noticable marks on Trayvon that would indicate a struggle.” ?