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
Matt 1, April 20, 2012 at 4:11 pm
Dredd – Nope, Mespo just pissed me off and sent me off track. You chimed in with your dumbass comment which is you just wanting to run your mouth about something. I don’t feel shitty, the evidence thus far is in favor of Zimmerman as far as I can see. The problem I have is people like you that are so damn one sided that you are going to say anything against Zimmerman because you’re too damn emotional rather than rational. You look at obvious injuries inflicted on a man by your so called “innocent child” and you say those injuries aren’t that bad. If someone came up to you and said they had surveillance video showing Trayvon as the aggressor you’d say something along the lines of “it doesn’t matter, Zimmerman asked him what he was doing in the gated community.” You are just as biased as the media as far as I’m concerned.
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The most biased thing in any criminal trial is the evidence.
It is biased in favor of justice.
The reason that this particular case has gone viral is because it represents the 1% v the 99%, the oppressors vs the oppressed, yes the doctrine of Saint Ayn Rand.
You and the other children of the imaginary empire, that goes around the globe to invade other countries because those countries fit a preconceived profile, have been stunned by Stockholm Syndrome for decades.
You seek to incubate a notion of “holy murder” batman.
The representative of the people, the 911 dispatch police officer, who said “we don’t need you to do that“, meaning we don’t need for you to follow your imaginary monster hiding under your bed in your head.
Clearly, the public officer was saying, “Zimmerman listen, the people, justice, and the law,” do not need for you, Zimmerman to follow Martin in order to exact the wrath of the 1% then feign victimization.
But the dogma of the leader of the laundromat, Zimmerman, needed for Zimmerman to do “that” because of down-deep narcissism, down-deep sociopathy, yes, down-deep psychopathy.
So, Zimmerman did “that” because he had been made compulsive by the spin that his amygdala put on the scenario, before his conscious mind ever got a look-see.
He had to invade Afghanistan, Iraq, Libya, Iran, etc,. to save Amuka from imminent threat and danger, like his “parents” did.
Tongue-in-cheek alert!
Matt,
“I again say, I don’t see how it is even possible for him to get a fair trial.”
*****
Unfortunately, Trayvon Martin got no trial at all. He was assumed to be suspicious…up to no good by Zimmerman. That led to his killing.
JT:
Ok, in deference to civility, I’ll apologize sincerely to Matt for implying he’s a gunpacking, neanderthal, “macho punk” if he agrees to keep calling me a “woman’s activist.” I kinda like it. 😀
Gene – “What does the profile have to do with it?” I mean more towards the fact that it is a murder case. In other cases, sure, use the tactic. The way I would operate in Zimmermans situation would be to fight all the way through rather than take a plea, that is, if I were 100% sure I was innocent. The public says they just wanted an arrest and trial. No, they want him in jail the rest of his life. They are going to push this case from outside of the courthouse and anywhere else they want to get a guilty verdict, the same way they did with the OJ trial.
The photo was taken with and Iphone…Can’t find video of close-up of Zimmerman head release a couple weeks ago for comparison…I remember
the marks being more on top of his head. This whole thing stinks…The photo this morning looks fake as hell…Wounds to lower back of head, doesn’t match with shot released earlier.
I wonder how Zimmerman felt when he eventually realized that the kid was walking home, that he did belong there as he was a guest of a resident, that he was armed only with an iced tea and a bag of candy, and that he, Zimmerman, had shot and killed an innocent?
Up thread Darren Smith wrote a long and very interesting thread @10:29am in which he said: “See the possibility for tragedy here? The driver came millimeters away from losing his life due to what essentially came down to a complete misunderstanding of the other’s intentions. I don’t want to be dramatic here but it can happen like this. ”
We know it can happen like this. Perhaps, if Zimmerman had had the opportunity to read something like Darren’s words before he took his car out that night, it wouldn’t have happened to Martin.
Elaine M:
“Ohmigod, mespo, say it ain’t so!!!!! What could be worse than that?”
*********************
He got me there. I cannot now claim misogynist on my resume.’ Damn. Maybe I’ll go threaten Malisha.
I told you he’s good.
Matt:
“I am a very compasionate person, in all respects, ”
********************
Well the folks here can read you compassionate coments to Malishand me, but one litle thing did strike me:
Matt: “I have a valid CCW here in Ohio and I’ll tell you this, I never leave my house without it. Why, you might ask? Because I’d rather have it and not need it, than need it and not have it.”
Yep all the compassionate guys I know are packing.This is good, please continue.
mespo,
Matt wrote: “Let me guess Mespo, you’re a women’s rights activist?”
*****
Ohmigod, mespo, say it ain’t so!!!!! What could be worse than that?
Please everyone. I just checked in and saw the last series of comments. There is no need for personal attacks or name calling. There are good faith views on both sides of the Zimmerman case that should be addressed on their merits rather than their messengers. This blog has a complete commitment to civility. If someone annoys you with their comments on an issue, ignore them and move on. Please.
“Quite honestly, in this situation, I think the prosecution has damned themselves using this tactic, especially with such a high profile case, and again I think it’s just to try and appease the public and make themselves look better (the prosecution).”
I realize you are expressing opinion and not fact, but the above is an assertion you should be able to back in detail, i.e. more than a feeling.
How have the prosecution “damned themselves” by using a standard trial tactic?
They haven’t. Again, it remains to be seen if this is indeed an overcharge and even if it is, it is immaterial.
What does the profile have to do with it?
Nothing other than had they refused to charge, their would have been a rightful public outrage that Zimmerman was getting a walk for something every single other poster here would have been arraigned for.
And how is this catering to the public?
The public wanted charges and a trial. That’s what they got. How the trial plays out? Is simply another game of chess.
Unless this opinion is based on something substantive, it appears to be emotional and should be weighed as such because you yourself admit that you are operating with less than all the evidence to come to your conclusions that result in your above assertions.
Mespo – ‘ve NEVER threatened you or any other woman on here or anywhere. I am very protective of women and resent you for thinking otherwise. In no way am I a macho “punk,” it’s just when I’m portrayed that way by ignorant self serving folks like yourself. I am a very compasionate person, in all respects, but when I am disrespected by someone because they misunderstand something I say on a forum, that is when I become a ruthless asshole. At this point, I think it’s best that you don’t refer to me anymore on this website and just keep posting your opinions and comments about the subject at hand.
Matt:
I forgot to compiment you on your cool, rational prose in defense of Zimmerman. Very persuasive. Why don’t you tell us about the last manslaughter case you defended?
[anon, here’s your cue to recapitulate everything I ever said]
Monkeys are fun because they shriek so loud and are incredibly predictable.
You guys need an agent.
Jim 1, April 20, 2012 at 3:12 pm
Elaine M.
“Zimmerman did not break any law.”
*****
If you had read through the thread, you’d see those weren’t my words enclosed in quotations marks. I was quoting the words of someone else.
Nice try!
Matt:
“Nope, Mespo just pissed me off and sent me off track. ”
********************
No, Mattie you’ve always been off track. Threatening women doesn’t make you tough. It makes you a macho punk with an anger management problem –whether you call them “you” or not.
BTW, Keep talking I like your rugged manliness coupled with your brutish thoughts. Very becoming in a Neaderthal sort of way.
Gene – I completely understand trying to get a plea deal by overcharging the defendent and I have seen this done in many cases. My opinions rise just because of the evidence that has been presented thus far. In my opinion, Zimmerman’s case is stronger at this point, but I do agree everyone should wait for it ALL to come out in trial. I again say, I don’t see how it is even possible for him to get a fair trial. Quite honestly, in this situation, I think the prosecution has damned themselves using this tactic, especially with such a high profile case, and again I think it’s just to try and appease the public and make themselves look better (the prosecution).
Matt,
Then you don’t understand how prosecutors think. Overcharging has nothing to do with fame and everything to do with forcing a plea deal. It is done in DA’s offices around the country every day in cases you never hear about. Also, your previous statement begs the question Zimmerman has a valid claim of self-defense. That’s an affirmative defense and the burden of proof is his to make at trial. Should he fail and the prosecutor fail to make the 2nd degree murder charge but make the voluntary manslaughter charge, Zimmerman will legitimately face the penalty for that lesser included crime. As it is, we don’t know if this is overcharging or not. The prosecution’s case is not done yet. They very well may have the evidence to make the charge stick as filed. That being said, I think it may be an overcharge, but it is a perfectly acceptable and rational tactic used on a regular basis in the name of weeding out defendants from trial who have weak cases to start with. Is it a perfect practice? No. Does it serve a valid function? Yes.
I still say wait and see. Something about operas and large gals warbling.
One injustice has been avoided – Zimmerman getting a walk because of ostensibly looks like the “Ol’ Boy Network” in play. Anyone posting here who had allegedly done the same things but didn’t have a Magistrate dad would have been charged that night or the next morning.
Whether or not justice is to be had in the case proper is an open question.
Tony C.,
Thanks. There are several people on the blog who have wondered what the decision was.
@Blouise: Carrot Cake (with sour cream icing) makes an excellent wedding cake. For anybody that doesn’t care for carrot cake, the more traditional vanilla bridesmaid’s cake on the side is available. Or the groom’s chocolate cake. Or the Best Man’s lemon cake. I believe that is the question you were talking about. Let there be leftover cake!
Tony C. 1, April 20, 2012 at 4:08 pm
@Dredd:
…
I think they will, as is human nature, first decide that Zimmerman was the aggressor, and then mentally justify whatever they need to do in order to make sure he gets punished. Or if they are sympathetic to Zimmerman, the other way around …
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” … if they are sympathetic …” … ” … typically ruled by their amygdalae …”
Well said (who is the victim is part of the game).
You articulate one of the mysteries of criminal prosecutions that take place before a jury, and before the press.
In essence, they consider the effects of “guilty“, i.e., the punishment, prior to hearing all the facts of the case.
But, all that is mixed in with the persona of the defendant.
This music video may explain Miss Justice.