The evidence for the trial of George Zimmerman is slowly taking form. Yesterday, a medical report was disclosed by the family physician of George Zimmerman where the doctor found 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 Trayvon Martin. While this is the family physician, it would still constitute important evidence in claiming self-defense, particularly when combined with accounts from the paramedics that found injuries to Zimmerman. An autopsy report released today also revealed bruises on Martin’s knuckles, consistent with a fight (though they could be bruises sustained in self-defense). In the meantime, the Justice Department has indicated that it may bring hate crime charges against Zimmerman — charges that would be questionable on the current evidence that has been made public in the case.
The prosecution is likely to explore any differences between the paramedics and the doctor. Some issues are likely to be raise such as whether the paramedics saw a broken nose and whether such “closed fractures” can be easily missed by a paramedic on an street at night. Moreover, such injuries could be sustained by Zimmerman as a result of Martin defending himself.
The leak of possible civil rights charges may be designed to try to get Zimmerman to accept a plea with prosecutors. I have reservations about such a charge based on the evidence that is available — as I have expressed over the overcharging in the case as second degree murder. This case has already raised serious questions of the influence of public pressure on the prosecutors. While there may be additional evidence that would support such a hate crime charge, the current evidence, in my view, falls short of the threshold showing needed for such a charge. The crime is defined as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation.” The “in part” component gives some wiggle room for prosecutors but you need to still show clear intent on the race issue. While state courts have rejected the need under state law for race to be the “primary” factor, there remains unease in cases where race appears a secondary issue. The Justice Department has sometimes moved against defendants who were acquitted of the same offense under state law as in the Pennsylvania case involving the death of a hispanic man. These cases raise serious questions of when trash talk reflects racial motivations.
We have seen the same type of claim under “Stand Your Ground” in mixed-race shootings without such hate crime allegations. I have previously express unease over the standard used for hate crime charges and the decision to pursue some cases while refusing to move on others with similar or stronger facts. This is a case that could be explained as a crime-obsessed as opposed to a race-obsessed neighborhood watch captain. Indeed, Zimmerman’s past violent record may indicate that he is prone to violence generally. There has been no new evidence revealed that shows that Zimmerman’s shooting was race motivated. His own mixed race background and injuries from the fight militate against such a charge. They certainly do not rule out such a charge, but more has to be shown in my view.
The case is already over-charged as second degree murder. If the Justice Department is going to bring a hate crime charge, it better have stronger evidence than we have seen from Angela Corey to support a second-degree murder charge. Corey was in my view clearly affected by the public pressure in the case in charging the case as second degree murder rather than manslaughter. I am equally troubled by Attorney General Eric Holder discussing the case in public speeches when his department is supposed to be conducting an unbiased review of the facts involving a man who has not been convicted of a crime.
The combination of the leak on the civil rights charges and Holder’s public statements leave the impression that the DOJ will not accept acquittal as an answer in the case if Zimmerman does prevail. The impression, in my view, diminishes the appearance of due process and fair trial for the accused.
What do you think?
Source: ABC
anon:
We’ll have two FBI audio experts at the trial regarding the voice analysis. Maybe that will allay your concerns.
shano,
That’s what you get from twitter. Zimmerman never said that he would have acted differently had he known Martin was 17.
George Zimmerman: I wanted to say I am sorry for the loss of your son. I did not know how old he was. I thought he was a little bit younger than I am, and I did not know if he was armed or not.
@David Larry, that was informative to me as what you folks are talking about and especially relevant to the Sig Sauer, but not necessarily to anything else…
But gotta tell ya, around 1:00 in where the guy is holding that other guy’s gun and says he going to jerk it and then grasps the gun firmly with one hand while his other hand is wrapped around the gun holders hand and then he does indeed jerk it and so finally the other guy shoots? That was awesome.
@mespo,
“Maybe he wanted to guild the lily before showing up at his GP’s door with a self-induced nose fracture and two blackened eyes quite unapparent from the police video? Who knows? He had to know he was in a world of trouble.”
And in fact, using CAASI™ technology, we know that George Zimmerman was heard directing someone to hit him, “back and to the left, back and to the left”.
Massad F. Ayoob (born 20 July 1948) is an internationally-known firearms and self-defense instructor. He has taught police techniques and civilian self-defense to both law enforcement officers and private citizens in numerous venues since 1974. He was the director of the Lethal Force Institute (LFI) in Concord, New Hampshire from 1981 to 2009. He now directs the Massad Ayoob Group (MAG). Ayoob has appeared as an expert witness in several trials. He has served as a part-time police officer in New Hampshire since 1972 and holds the rank of Captain in the Grantham, New Hampshire police department.
ARE=Idiot
Ayoob=recognized expert
Now let’s look at ARE’s assertion about serious burns.
http://youtu.be/gklVq_AWBY4
So much for ARE knowing what he is talking about.
From a purely academic standpoint, this thread has convinced me that I really, really need to study voir dire best practices before ever stepping foot into a court room. None of these comments would be viewed by either counsel, and it displays an interesting amount of preconception, regarding both innocence and guilt.
David, concerning your Maasad Ayoob quote:
It has been reported, were? when? by whom?
Correct me, if I am wrong. This does suggest to me that a second round was prevented from getting from the magazine into the chamber.
Are you suggesting Zimmerman fired a shot, hit Martin and Martin in turn prevented him from firing another one? Why would the prevention of a second round be important, if it can have happened at all at that point. Maybe I don’t quite understand. Didn’t Zimmerman claim that Martin’s trying to get at the gun caused him to shoot in the first place. Well, the bullet that hit Trayvon was obviously already in the chamber. No? So what is important about the argument, maybe I don’t understand.
Would you care to elaborate?
rafflaw:
“If you had a possible broken nose along with two black eyes and the lacerations on the back of your head, a normal person would likely go to an emergency room. Were the injuries fabrcated? Is the family physician falsely claiming these injuries? I would doubt it, but the jury will decide. Besides, when I am carrying a gun and stalking someone, doesn’t Martin have a right to stand his ground? Are you happy now?”
**************************
I would like to know why a person who took great pains to document his supposed objective posterior head injuries (with a cell phone camera of a passerby at the scene) had such a problem going to the ER to document his supposed objective anterior head and facial injuries. Maybe he wanted to guild the lily before showing up at his GP’s door with a self-induced nose fracture and two blackened eyes quite unapparent from the police video? Who knows? He had to know he was in a world of trouble.
Someone above asked about my name. One cannot fleece a flock without a plot of ground to do it upon.
Zimmerman said he did not know the person he was stalking was a kid. If he knew he would have acted differently. So, why didn’t he know? Because he ASSUMED Trayvon was an adult criminal and all his actions follow that assumption.
The angry homeowner is going to prevent those assholes from getting away this time. Zimmerman was wrong on all his assumptions.
frankly,
how dare you state that Zimmerman’s facts are not the real facts! 🙂
“if he were attacked from behind as he reportedly told the cops”
Okay, dumdass, I’ll repeat it for you. Zimmerman did not say that he was attacked from behind. He said that Martin approached him from behind. He didn’t say that Martin hit him from behind.
You’re like a bald tire stuck in a rut.
shano,
That’s what you get from twitter. Zimmerman never said that he would have acted differently had he known Martin was 17.
Stand “your” ground.
When does the ground become “yours” instead of “theirs” …
The Florida mysto courts say “it is on a case by case basis, which in all cases is the good ole boy common law.
Gimme a “Jim” … gimme a “Crow” …
Now bend over and smile.
Just saw this on twitter for what it is worth:
AmFascinatedBy ZimmermanApology2 #Trayvon’sParents,Said Didn’tKnow HeWasAKid. If he’dKnownIt &Wld’ve ActedDiffrntly, how is it Self Defense?
ARE,
Have you reviewed the full autopsy report? If not, how do you know what additional information is contained therein? Do you know all the places they found gunpowder residue? Do you know if they were able to determine if any gunpowder residue on Martin’s hands came from putting his hand on the gun as opposed to grabbing his chest after being shot?
I never said that the blog post by Ayoob was something new. I pointed it out because Ayoob is much better qualified to arrive at conclusions than you are.
“The expert here said that burns would HAVE to be present by the way”.
You either don’t know how to read, have poor reading comprehension, or don’t have a problem lying. Ayoob did not say that Martin would have burns as a result of interfering with the slide mechanism. Ayoob said that he would have cuts OR gunpowder residue COULD be used to indicate that this was the case. –Even a lack of gunpowder residue does not urle out the possibility of Martin interfering with the slide mechanism.
Zimmerman stated that Martin came up on him from behind. He did not state that Martin punched him in the face from behind.
I know that DLarry has NOT seen the autopsy report, nor has his sourced article which is out of date. in FACT the massoud guy got so much wong that he has ZERO creds. He posted the WRONG Martin on his site in an attempt to cover for Zimmerman and smear Martin, so YOUR source is JUNK by his OWN admission and is so biased as to be worthless like you.
As I pointed out the non-existent report which DL has NOT seen nor massoud, is bunk as to the state of the pistol. As I pointed out before this dumb ass came on, there would HAVE to be gunpowder residue and/or cuts on Martin’s hands. I would defy ANY person to hold a 9mm semi barrel at ANY place on the pistol and NOT get residue on that hand when it is fired. Massoud is also wrong in that if there was a struggle for the gun that it would change the whole case. As for not mentioning powder residue on Martin’s hands, I would think that would be fairly newsworthy and would have been reported.
The people who HAVE looked at all the current evidence, INCLUDING the autopsy, AND Zimmerman’s statements, charged Zimmerman with second degree MURDER. THAT says quite enough for me so far. Until you can come up with some other EVIDENCE instead of non-“reports” and conjectures, I will defer to those who are supposed to know what they are doing.
Shano, it was that 13-year-old whose mother claims the police were leading him and trying to make him change his story, after the fact.
ARE, there is a young witness who said that GZ “tripped and fell”. this could explain a lot. I cannot remember where I saw this but will try to find it.
shano if Z tripped and fell it would explain nothing at all since he would have fallen on his face. if he were attacked from behind as he reportedly told the cops, he would also fall forward, and the scrapes on the back of his head would be on his forehead, NOT the back.
DL, If you want to stand behind the SYG law, that’s fine. Although the Governor said that the SYG law didn’t apply to this case, I would say that it actually does, because FIRST Martin tried to run (“Shit, he’s running”) and then, when that didn’t work, tried to defend himself by standing his ground.
But that aside, you quoted an expert as saying:
“This would indicate, as could certain gunshot residue patterns or cuts in certain places if found on Trayvon Martin’s hand(s), that a struggle for a gun was taking place when the fatal shot was fired.”
THe first part of the sentence talks about something that “would indicate” a struggle for the gun was taking place.
The second part of the sentence comments “as COULD certain gunshot residue patterns or cuts in certain places IF FOUND on Trayvon Martin’s hand(s)…”
The first – would.
The second – could.
The second – IF —
You’re suggesting perhaps that Trayvon Martin was trying to get ahold of that gun with his knuckles?
I’d wait to see the whole autopsy report before concuding much more about the struggle that nobody alive except the shooter actually saw. I think any expert would also want to read through the whole report.
And if an expert did read through the whole report and find out that Trayvon Martin not only punched, lunged, pushed, pulled, and banged, smashed, beat and slammed Zimmerman while trying to defend his own life, but that in addition he tried to get the gun away from the guy who he presumed was trying to shoot him, I would STILL say that he was doing all that to prevent himself from being shot to death, and that his valiant efforts only failed because Zimmerman had the drop on him to start with.
Has anyone explained why Zimmerman lists his address as Highway 61?