The evidence continues to roll in on the Zimmerman case. While the new evidence is not entirely bad for the prosecution, it does contain some evidence that will likely bolster the defense of George Zimmerman in the second degree murder trial over the killing of Trayvon Martin. Regardless of the ultimate impact, the evidence again shows (in my opinion) that prosecutor Angela Corey over-charged the case in Florida.
Some of the new evidence shows that Martin had traces of THC (the active ingredient of marijuana) in his blood stream and urine. Martin was suspended from school due to a marijuana offense (though it involved an empty marijuana baggie). Another benefit to the defense is that Martin father is shown denying that the voice calling out for help was his son — though he later changed that view when he says he was given a better recording. Other witnesses have indicated that it Zimmerman who was calling for help.
Generally, the existence of drugs in the system of a victim or defendant is admissible. The suspension would appear inadmissible under standard evidentiary rules.
There is also evidence that some neighbors described Zimmerman as a bully and a racist. That would help bolster the reported hate crimes prosecution being considered by the Obama Administration, though I still have reservations based on the evidence as it currently stands. Also the police viewed the shooting as “avoidable” — if Zimmerman had left the matter to the police.
I am not sure how much of the neighbor’s view of Zimmerman as a bully or racist could come into evidence. Such accounts, however, can have the benefit of further discouraging Zimmerman from taking the stand as a witness — always a benefit to the prosecution because (while they are told that a defendant has a right not to testify (jurors expect to hear from defendants).
On the whole, however, I would view the evidence as more positive to the defense. First, I have previously said that I was most interested in the distance of the shot and forensics. It now appears that Martin was shot from an intermediate range (no more than 18 inches and as little as an inch away). That would support the claim of Zimmerman that they were in a wrestling fight when the gun was fired. The greater the distance the stronger the case for the prosecution. The defense will likely present expert testimony to try to reduce the range further on the stand. Also, the report does have people at the scene saying that Zimmerman’s nose appeared broken — supporting the later medical report of the family doctor (though such injuries could occur from Martin defending himself).
Moreover, at least two witnesses appear to support Zimmerman in describing the man in the hoodie at straddling the other man and throwing punches. The report state that the man in the “‘hoodie’ [was] on top of a white or Hispanic male and throwing punches ‘MMA (mixed martial arts) style.’ He then heard a pop. He stated that after hearing the pop, he observed the person he had previously observed on top of the other person (the male wearing the hoodie) laid out on the grass.” One report also says that Zimmerman can be heard yelling for help 14 times on a 911 call recorded during the fight.
While the reports blame Zimmerman for getting out of his vehicle (he says that he was trying to get a house number for the police), that is not itself a crime. Of course, none of this means that Zimmerman was not the aggressor. Given the presumption of innocence and the need to prove the elements beyond a reasonable doubt, this evidence presents an added problem for the prosecution in my view. I have expressed skepticism over the way the case has developed and how it has been charged from the outset. As a criminal defense attorney, I would view this as a strong defense case even on the manslaughter charge, particularly given the poor police work at the scene.
What do you think?
Here is the police report.
Source: ABC and NY Daily News
Sling,
Do you think Z would have left his SUV is he wasn’t carrying?
OK, Manny, Bosco, whoever was carrying on because they thought Martin’s presumed lack of confirmed sainthood OR Zimmerman’s right to find him “suspicious” had anything to do with Zimmerman’s right (or lack of a right) to shoot him dead, here’s a little bit of reality on that count.
Genuine, carefully conducted peer reviewed studies of the behavior of white people who have never killed anyone, which studies have been replicated in carefully controlled environments repeatedly, have shown that “the mere presence of a person can lead one to think about the concepts with which that person’s social group has been associated.” “Seeing Black: Race, Crime and Visual Processing. (Eberhardt, Purdie, Goff and Davies, Journal of Personality and Social Psychology, 87(6):876 (2004). “Merely thinking about Blacks can lead people to evaluate ambiguious behavior as aggressive, to miscategorize harmless objects as weapons, or to shoot quickly, and at times inappropriately.” Id. * * * “In a crime-obsessed culture, for example, simply thinking of crime can lead perceivers to conjure up images of Black Americans that ‘ready’ these perceivers to register and selectively attend to Bklack people who may be present in the actual physical environment.” Id. at 877.
These social scientists did this study in order to propose a hypothesis that could lead to significantly improving “our understanding of the use-of-force decisions made by police officers.” Id. at 878. BUT they added, “When ordinary citizens seek to prevent violent crime in their neighborhoods, how likely is it that a Black face will draw their attention?” Id.
The authors of that study pointed out that “The answers to these questions could have considerable implications for understanding the extent to which both ordinary civilians and police officers engage in racial profiling and why they do so. In fact, these important practical considerations led us to include both police officers and civilians as study participants in the…research.” Id.
This study, with 72 carefully cited references, concluded that, to put it into layman’s terms, when white people thought about crime, they tended to pay more attention to black faces than white ones; and vice versa, when they saw black faces, they thought more about crime.
THIS is why George Zimmerman thought Trayvon Martin was a criminal. We’re all pussy-footing around trying not to say that because surely the prosecutor doesn’t want this to be about race, but in the final analysis, it’s not just important because Zimmerman thought Martin was a criminal; it’s also important because it has been assumed by lots of people that Martin had no reason to assume Zimmerman was a criminal, when in point of fact, not only was Zimmerman’s behavior more suspicious than Martin’s, but Zimmerman had no reason to WORRY about Martin’s because he had already called for police assistance; Martin, on the other hand, had every reason to not only suspect Zimmerman of criminal behavior (he actually displayed criminal behavior), but to try to defend himself from it.
Any number of people can come up with reasons that Zimmerman was “right” to think Martin was suspicious, to think he was a druggie, or was involved in criminal behavior of some sort, or was intending some sort of criminal behavior. Those reasons do not hold water and if they did, they wouldn’t matter, because not one of them justifies profiling, following and killing someone. Even if they justified a call to the police, that was all they could ever possibly justify. And Martin doesn’t have to be a saint to have the full measure of the law applied when he was deprived of his constitutionally protected life.
And I have to tell you, I am an expert on white trash meth head Neo Nazi skinheads because I live in Arizona.
In my most excellent film above, the White Trash Meth Head Walk Demo, only one thing is missing. He needs to have a shaved head!
Because everyone knows:
Shaved head = Neo Nazi Skinhead
I mean it is obvious. George has an advantage over other meth heads in that he has an excellent dentist, courtesy papa.
Here’s a video of “young black males” smoking the MJ blumt and 3 of the males are trying to fight.
Sure MJ may mellow some people, but not everyone
They are smoking that blumt before during and after
http://www.youtube.com/watch?v=a3a2gpkUjsU&feature=related
I was actually trying to find some examples of c-walking to help illustrate how suspicious it would look…
Americas finest here
So was the MJ just coincidental or did it contribute to the violent tendencies in this situation?
A great example of how the alleged actions by Martin just prior to the shooting would be so blatantly minimized here. Thank you Slingblade.
..And yes Shano you are an ignorant conjectural bigot
I take that back. George is OBVIOUSLY a white trash, meth addicted skinhead. Its obvious. I mean look at that hair cut!!!!!
Don’t Neo Nazis buzz their head like that?
White supremacists too!
yep, Zimmerman is a white trash, meth addicted Neo Nazi Skinhead
He could not be anything else.
If Zimmerman did not have a gun,
1) The cops, already on their way, would have arrived moments later and stopped things.
2) Zimmerman might or might not have been unconscious.
3) Martin would not be dead
4) Each would tell their story and a court might decide a balance of culpability.
Simple.
Sounds like your PROFILING someone else Shano. Isn’t that a RACIST thing to do???
So what would the scenario be if Zimmerman did not have a gun and Martin had beat him unconscious .
Should Martin not have to go to jail merely because Zimmerman got out of his car and stared at Martin?
OK. I will tell you what I really think I think George is redneck white trash. Yep, and I will prove it.
He is a gun nut. Rednecks always out shootin’ their guns.
He takes a legal Meth-amphetamine.
He might not be cookin’ it up in his bathtub, but thats because his daddy has money.
In fact, without his daddys money, George would be out there cookin’ up Meth in a white trash trailer somewhere in the sticks, shootin’ off his gun any chance he got.
He certainly would NOT be living in a nice gated community.
If Trayvon is a thug, George is a white trash meth addicted redneck.
Manny O
The meeting of the two happened because Zimmerman ventured down there.
His reason for being there, as opposed to being at the store he was going to when he spotted Martin, was that he had been following Martin.
If he had not followed Martin down there, there would have been no fight and no shooting.
As for ‘dark’
Zimmerman left his SUV.
Zimmerman left the street and went towards the path at the back of the houses.
He was leaving lighted street and heading into much less.
“As far as identifying his business…it seems like you are putting all these unwritten obligations on Z…none of which are illegal in commission or omission”
The issue isn’t the legality of doing or not doing that. The issue is the stupidity of not identifying himself as what he was doing in following Martin. It is a matter of behaving like he had some intelligence.
He was following Martin.
He’s aware that Martin is aware of the following.
Suddenly he’s right near him.
As far as Martin is concerned, Zimmerman is a weird guy who has followed him down there.
So many Zimmerman supported bang on about facts and proof being necessary before jumping to conclusions.
Zimmerman had not witnessed Martin doing anything illegal. He suspects that Martin might be up to no good, but he absolutely does not know it.
There’s a misunderstanding here.
Zimmerman thinks Martin could be a hood, but Martin is actually heading home from the 7-11, with skittles and iced tea.
Martin has good reason to think that Zimmerman means him some mischief, but Zimmerman is actually watching out for the neighbourhood. Of the two, Martin is the one with the genuine reason for the highest concern.
Only Zimmerman can sensibly resolve this by stating why he is there.
He doesn’t
Cops shout or say “Police” to make it clear why they are somewhere. The can even do it when in uniform.
Zimmerman had nothing about him that would suggest that he was other than some weird guy following someone in the dark. He says nothing.
So, both in Zimmerman’s account and in the girlfriends’ account, Martin had to challenge Zimmerman.
This is a clear cue for Zimmerman to resolve the situation.
Two simple words from him will clarify the situation and there will be no shooting. “Neighbourhood Watch”
He doesn’t.
You ask, for example:
“When did he lose his right to inquire as to the intent of any other human?”
So Martin, in the absence of any indication from the weird guy as to why he was following him in the dark, asks Zimmerman.
Whether the question is from Zimmerman’s account or the question is from the girlfriend’s account, it was the basically the same question.
“When did he lose his right to inquire as to the intent of any other human?”
Martin appears to have lost that right when he met Zimmerman.
Shortly afterwards, he lost all of his rights along with his life.
Manny,,be careful not to profile Martin..his previous actions do not apply to this case after-all he was the one who was killed and that is why he is considered a SAINT here.
ALL of Zimmerman’s actions past and present must be used here in this playground of racism and ignorance ..Zimmerman must be profiled to make these threaders happy.
Hey Tony,,its just too bad that your ‘research scientist’ criticisms of me really mean nothing. Maybe you should tell us all once again just how intelligent, white and well rounded you are as a scientist. Be as impressive as you can. Your criticisms might mean something later on….who knows.
(make sure you use the bold fonts sparingly )
BettyKath Exactly what are you trying to infer by asking this stupid question-
“People like me? Pray tell who am I like? Never mind.”
Its obvious what i meant by ‘people like you’.
I don’t know what you look like nor do i even know what sex you really are.
So it is OBVIOUS that i am referring to integrity or the lack of integrity in relation to yours and others points of view to this case.
Who are you like you ask? You are like many of those here that have already decided that Zimmerman is a racist murderer but NEVER mind.
Ah Sling…I didnt try to pin you on your Martin/Zimmerman switchup but then you pull this? I know its for fun
This was a counter to your earlier assertion about No=Eff You. You can’t counter my counter as if I was initially asserting the counter to the counter as an out of the blue thing assertion..ack…i guess you can, but this is getting silly.
You said “No=Eff You” and said looky looky THAT is how Zimmerman inflamed the situation
I say Nay…and to add more color to Nay…if anything, Martins first question of “You gotta problem, Homie” is what (if anything) would be seen as inflammatory/instigatory (ok thats not a word but it should be)
I then fomented the “Sling/Shano Challenge” (trademark) so that you could learn first hand just how inflammatory “You gotta problem, Homie” is especially since Shano asserted how innocuous that phase is with the youth of today which is complete rubbish when its stranger to stranger
It actually, on the contrary, shows Zimmerman’s RESTRAINT…a foaming at the mouth racist delusional fool when approach by a black male who said “You gotta a problem, Homie” would not show the restraint and self-control that Zimmerman showed in the situation.
Actualy he answered the question how I would expect a beverly hills plastic surgeon to respond when approache by a thug getting up in his face saying “You got a problem, Homie”
He’d quiver out a “No” before he got jacked for his rolex, cause we just wouldn’t know what else to say.
This is for fun 🙂
Manno, you keep posting stuff that is bad for Zimmerman. Now this:
Manno: “Shano – Go ahead and take the Sling Challenge. but I would take out a life insurance policy first in case you have a family before you walk up to a a few thugs in Compton around 7-8pm and say “You got a problem homey!?” Whispering it so they can’t hear it is cheating. You gotta confront them and be in their face as Zimmerman claims Martin was”
Ah! I see, your position is that Martin came up in Zimmerman’s face and said “You got a problem, homie?”
That’s the whole point of this test with the video camera right? The series of 28 year olds are going to attack the person who says that to them.
Your argument is that the natural and understandable reaction to such an even will be that Zimmerman will attack Martin.
Roight…… hmmmmmm….
So Zimmerman started the fight you think? By being the first to strike.
Or
Martin, started the fight, not because of striking the first blow, but because his action was provocative?
But wait!!
Does this mean that you would assert that the person exhibiting provocative behaviour is the one who started the fight?
Where would ‘Followed by some weird stranger in the dark’ fit into this?
Shano/Sling, Please answer these questions
what of the womens jewlery and large screw driver in Martins bag at school?
Was the school “profiling” him
The selling of MJ (not just using it), dealing is felony
Do you really think he was framed for this?
The swing at the bus driver? Do you dare say “Boys will be boys”?
At what point does he earn the title of “thug” here? Most with this behavior would say that ship has sailed
How many women must he steal from before he earns the title “thug”?
Hey this isnt stuff that happened 5 years ago where we are dredging up ancient history. This stuff was in the SAME MONTH that he attacked and battered Zimmerman
This is the character of Martin
Sling – Yes that was funny on the name switch, but totally knew what you meant
. Sure I see the cars are in the front so maybe there is less legal obligation to light the back footpath, but I still think the description as “dark” is anemic and open to so much interpretation its almost unhelpful except to make someone think its a virtually pitch black alley except for some pen lights strapped to the wall. I just dont think that was reality based on how the report couched it. And of course we don’t know for sure that z produced the confrontation by following to interception.
As far as identifying his business…it seems like you are putting all these unwritten obligations on Z…none of which are illegal in commission or omission, yet because he did or didnt do all these innocuous things he is castigated as a raving maniac since why else would Martin go apeshit on him.
For all we know Zimmerman was walking down that foot path headed home to get check on his wife, go to the bathroom, etc, which may have JUST SO HAPPENED to be the same path that Martin took, but because it was as dark as london fog (being facetious again) he couldnt see more than 5 ft in front of him.
You interpret that as following Martin, but the reality is there are only a couple of footpaths in that gated community and its also possible that they just happened to share common path at some point. Maybe he didnt want to move his SUV since the cops needed it for a landmark. Im just trying to show how many other possibilities there are here besides the one that casts Zimmerman as hitler incarnate
David Larry said it well. When did Zimmerman lose his right to local motion? When did he lose his right speak the word “no”. When did he lose his right to inquire as to the intent of any other human? When did he lose his freedom to move in any direction for any reason such as going home for a snack, looking at the house numbers so he could have a better grasp of which houses were which numbers in the future, perhaps he was on his way to visit a friend in a nearby house and to warn them a suspicious character was lurking about?