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
@David Larry,
Thanks for the video. I will take your advice and file it away, but I know I will be too busy staining my underwear to put it to good use when the situation arises.
Regardless though, I feel compelled to rebutt with this:
anon, or the same grassy knoll where Trayvons blood is tested for drugs but George Zimmerman gets NO blood or alcohol tests whatsoever because he said he was standing his ground.
Wonder what would happen if anyone could try that during a DUI stop? “Just standing my ground, officer. No need for a drug or alcohol test! “
@Shano,
“anon, oh you mean that same grassy knoll where Trayvon follows George back to his truck and attacks him from behind…”
It very well could be.
It is good to be reminded that so much of this is grassy knoll talk.
anon,
The burns from a single shot would only occur if you had your hand over the ejection port. Holding the front section of the barrel and slider when a single shot is fired will not cause burns. It is an extremely effective way to prevent a second shot from being fired. Even if you don’t get a tight enough grip, the casing might still eject but the next bullet may fail to chamber.
Or you could end up with what is known as a “Stove Pipe”. The empty casing doesn’t fully clear the weapon and it prevents the next round from properly entering the chamber.
http://youtu.be/0-0uF7QlySQ
@Patrick
“But in a case where somebody takes a human life in a supposed fight, I fail to see why the rule should not be, “We hear what you’re saying, but your injuries are now state’s evidence, and we need them documented.””
It would certainly seem to me to be relevant and reasonable to have external injuries documented.
I can certainly see 5th Amendment issues if x-rays, or other invasive procedures were performed and then used against the person. Same with spur of the moment psych analysis.
But I do wonder what lawyers have either seen or heard or talked about with this and the 4th and 5th amendment issues.
Then again, we know blood tests for drunk drivers are okay (but maybe only as a signed away right for the privilege of having a driver’s license?)
anon, oh you mean that same grassy knoll where Trayvon follows George back to his truck and attacks him from behind…
Thank you for the clarification, though I think your second sentence is inaccurate. The Government, The State, The Prosecutor that needs to be Re-elected will have FBI Agents there in what would properly be called “The State Versus George Zimmerman”. “WE THE PEOPLE” of Florida and the United States are represented by the jury box, not by the Prosecutor’s desk.
David Larry said:
“Can a person, taken into custody, but not arrested, refuse medical treatment? Would forcing the person to undergo a medical examination violate the person’s Fifth Amendment rights?”
I honestly am not privy to the EMS protocols in Florida. And even there, you can bet they vary from county to county.
But in the greater L.A. area for 25 years, cops & medics would often confer on scene, and make the decision to transport “in custody” in the ambulance, with a cop riding along. The “patient” may or not have been handcuffed temporarily, depending on their behavior. The idea was to get them away from the scene; get the story sorted out in a different environment; get an MDs assessment; maybe a 5150 (psych) 72 hour hold. In my experience, it usually worked out well.
But it appears that the “in custody, but not under arrest” transport, seems to be falling out of favor.
I seem to recall a case or two somewhere where the subject of “kidnapping” came up.
But in a case where somebody takes a human life in a supposed fight, I fail to see why the rule should not be, “We hear what you’re saying, but your injuries are now state’s evidence, and we need them documented.”
Malisha’s 9:55 comment is well said.
anon:
We’ll have
************************
Good split there anon. The good people of Florida and maybe the good people of the United States “will have” them against Zimmerman.
“Zimmerman also managed to get the cops to put his injuries in the police report. That way he could fabricate them correctly the next morning.”
I believe Malisha has already identified that as part of the conversation on the grassy knoll held between Zimmerman and the cops.
David Larry:
The police report says that Zimmerman was bleeding from the nose and back of his head. It does not say he had a broken nose or two black eyes. The police have also reported that the lead investigator didn’t believe Zimmerman’s story.
http://mit.zenfs.com/102/2012/04/69081607-29132322.pdf
leander22,
Is it really that difficult to quote what Ayoob actually did state in his article?
Why would you say “Masood speculated in the same article that we all would change our minds once it would be known that Trayvon Martin was on drugs that made him highly aggressive.”?
Ayoob said “If it turns out” not “once it would be known”.
What does the toxicology portion of Martin’s autopsy say about any drugs in his system?
@David Larry,
“By preventing the slide from moving (or moving a full stroke) it prevents another round from entering the chamber.”
I understand that, I was thinking more of the hot gases are not a problem that would cause burns in this demonstration of a Sig Sauer, but potentially are in other weapons…. But I have only ever fired a 357, and that was over 20 years ago, so I don’t know.
Geeba Geeba:
“Alan D is not exactly a conservative and for him to say this makes me wonder.”
******************
Alan D is a defense lawyer first and liberal second. That is the prism he views the world through.
anon,
It’s relevant to any semi-automatic handgun that I am familiar with. By preventing the slide from moving (or moving a full stroke) it prevents another round from entering the chamber.
leander22,
The reason it is relevant is due to the proximity needed to be able to put his hand on the weapon. Many people are wondering about how far away Martin was from Zimmerman when the shot was fired. Gilbreath (the lead investigator) testified that Martin was close, and powder burns were on his clothing.
Mespo727272,
Zimmerman also managed to get the cops to put his injuries in the police report. That way he could fabricate them correctly the next morning.
“We’ll have…”
That’s interesting Mark! Are you actually part of this case now? (If so, congratulations!)
ARE = David Larry,
that Masood is an internationally recognized expert does not explain my question. Masood speculated in the same article that we all would change our minds once it would be known that Trayvon Martin was on drugs that made him highly aggressive. Do you think such expert evidence will surface?
All I know is that if Dershowitz thought the “special prosecutor” should get a lawyer. He said based on the paperwork that he saw filed about a week or so ago, the prosecution has a loser case and I THINK he considered the prosecution’s actions as political. Something like that. Alan D is not exactly a conservative and for him to say this makes me wonder.
“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.”
No need to try to define “normal” here, but I can assure you as a medic, thousands of people sustain any number of injuries at night, for any number of reasons – and don’t realize how badly they are hurt until the next day. Ask any NFL player.
And “black-eyes” – like most other tissue injury swelling – take time to develop.
On traffic incidents, we see people in the heat of the moment running around, only to learn later they had a broken leg.
The reality is, adrenaline masks pain. That’s what it’s supposed to do.
No attempt here to defend Zimmerman, but some of the opinions here regarding his injuries sound silly, to those of us who assess trauma professionally.