Racialized prosecutorial indiscretion in the Zimmerman case
Considering the wonderful job Andrew Branca has done covering the George Zimmerman trial, I’ve been relegated to something approaching potted plant status here.
It ain’t broke, so I ain’t gonna fix that. But I will weigh in with my own thoughts on the case and the trial.
As you know, I covered the case from the inception, focusing on the racial narratives and media mishandling of “evidence” leaked or revealed in court filings.
I’ve also listened to almost all of the trial, and those parts I missed because of my relocation I’ve accounted for through Andrew’s coverage.
My overall impression of the trial doesn’t really deviate from my overall impression of the pre-trial phase: This is a case which never should have been brought, and would not have been brought except for racial politics.
Florida prosecutors made an initial decision not to prosecute after the police investigation. Those prosecutors did what prosecutors should do, take a disinterested and dispassionate view of the evidence in determining whether the state could prove its case beyond a reasonable doubt.
The facts known at that time of the initial decision not to prosecute do not materially differ from the facts known now that the prosecution has rested its case.
What changed along the way was that the Martin family through the Parks and Crump law firm, assisted by agitators like Al Sharpton, launched a campaign to portray the decision not to prosecute in racial terms. The media was an all-too-willing accomplice in stirring up public protests alleging that this was a racially motivated killing.
NBC published an edited tape purporting to show that Zimmerman considered that Martin was suspicious because black; in reality the full tape showed that Zimmerman identified Martin as black only in response to a later police question. Allegations were made that Zimmerman used the word “coon” to describe Martin, when even the prosecution now acknowledges that the word used was “punk.”
The “hoodie” was mentioned only when the 911 operator asked Zimmerman to describe Martin’s clothing, yet the “hoodie” has become the image most associated with the case and is used to put a racial context on Zimmerman’s concern. That did not stop college and law students from holding rallies in which students wore hoodies in solidarity with Martin, as if that were the reason a shot was fired.
The false racial narrative of the case created such public pressure and threats of ongoing protests and potential violence that Special Prosecutor Angela Corey was appointed, and the inevitable decision to file the case was made. Corey has shown herself to be particularly thin-skinned as to criticism of her decision to prosecute.
The prosecution never let go of its desire to inject racial politics into the case. Only by virtue of a judicial ruling barring the use of the term “racial profiling” was the prosecution stopped. Once it became clear that the racial angle could not be worn on its sleeve, the prosecution acted as if it never really intended to go there anyway.
But the prosecution has gone there the best it could, seeking to introduce evidence of prior 911 calls from Zimmerman in which the suspicious person was black.
The prosecution also serially struck whites from the jury, leading the Judge to overrule two of the strikes.
The prosecution also is obsessed with showing that Zimmerman “followed” Martin as part of “profiling” even though that has no legal significance under the law as Zimmerman was permitted to follow whomever he wanted. The legal question is who commenced the physical altercation and what the status of that physical altercation was at the time of the use of deadly force.
On that point, the evidence in the form of physical injuries and eyewitness testimony points to Trayvon Martin as the aggressor under the law and Zimmerman having a plausible case of self-defense.
The prosecution case has not shaken the prime factual basis for a finding of not guilty — Trayvon Martin was on top of George Zimmerman punching him at the time of the shot. At best for the prosecution, there is somewhat conflicting eyewitness testimony on this point, which itself raises reasonable doubt.
I kept hoping that the prosecution would come forward with evidence to change my mind and justify the prosecution — perhaps bullet trajectory showing Zimmerman was on top when Martin was shot. But that evidence never came.
Instead we had a pathetic prosecution attempt (rejected by the Judge) to introduce dubious audio “expert” testimony. We have been subjected to the spectacle of the prosecution repeatedly attacking the police witnesses called on the prosecution’s case because the police found Zimmerman’s various accounts of the night essentially consistent.
Yet nothing has changed the basic equation: Regardless of who you think has the better argument at this stage, it’s hard to see how a finding of guilt beyond a reasonable doubt could emerge from a dispassionate view of the evidence.
Yet a finding of guilt remains a possibility given how the prosecution is handling the case and its willingness to spin the facts to convince the jury to convict.
I think Andrew had it right when he described the prosecutors’ argument on the motion for acquittal. While that argument was before the Judge only, it is a preview of closing arguments:
Mantei provided the State’s counter to the motion for a directed verdict in a manner that cannot readily be described in language suitable for a family-accessible blog. To say it was histrionic, lacking in factual evidence, and rife with abject fabrications, would be to put the matter too kindly.
The spin spun by the prosecution could result in a finding of guilt, but what does that tell you?
It tells you that this is a prosecution which has to build conjecture upon conjecture, argumentative hyperbole upon hyperbole, just to get to the jury. It is a prosecution devoid of dispassionate prosecutorial discretion and on a mission to convict rather than to see justice done.
Reasonable people can differ on whether George Zimmerman committed a crime under the law. Reasonable people cannot differ on whether there is evidence of that crime beyond a reasonable doubt. That’s why prosecutorial discretion is so important, and that’s why this case is a travesty.
The original prosecutors were not so invested in the case. Only the false racial narrative put this case in the hands of those who want to win at all costs.
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[Note: A few wording changes and additions were made to this post after initial publication, mostly to add additional source material.]












Comments
How about “If the head is split you must aquit.” ?
Well, the Sanford Watch Trials could certainly use the levity.
I have an off topic question for you knowledgeable people. If someone is arrested for committing a homicide, be it self defense or intentional murder do the police automatically submit them to a drug test? Is that required by law? Thanks.
Probable cause is still required. If the arresting officers had evidence that drugs or alcohol were involved, then perhaps so; but not without suspicion thereof.
even in a car accident where there is a fatality, blood draws are taken
Want to see something amazing? Get the testimony of Tracy Martin re: how Trayvon went to Sanford. He said he drove him. He said this 2 times, once first time mentioning it was Wed, along with Sybrina (or at least she said wed) and a 2nd time when he corrected the record.
What he didn’t mention is that Trayvon took the bus, Tracy was not involved. This is proven due to the release of Trayvon’s texts. Dated 2-21-12. The same day his cousin, who used to tweet as mr_4dat, tweeted to tray he didn’t realize Tray swung at a bus driver.
No bull. So it’s the defense’s job to explain this and lead to why the parents would lie about why Tracy ‘drove’ him to ‘meet Brandi’ (where she probably had to pick him up after he was in trouble)
I also read that they called Juvie first before 911. If this is the case, it would lend credibility to the issues of 2-21-12. So the question is…HOW does the defense introduce those texts into evidence and bust them for these lies?
TY for the time.
Great comment!
Call Tracy to the stand and ask him. And then ask why he wouldn’t give the cellphone account PIN to the police while they were trying to investigate his son’s death. And then ask him when he first called Rachel. And then ask him… (well, this could take way too long)
Just ask him!
Could be one more reason why the State didn’t have Tracy on its witness list:)
Tracy Martin’s testimony is going to be devastating to the state case. (I assume matter-of-factly that the defense is going to call him.)
He was the first in the family to listen to that 911 call and said THAT was NOT his son. He said that BEFORE ben crump hinted to a possible multi-million payout. Probably the only time any of them has been honest about the whole thing.
I wonder how the HOA settlement was divided after atty’ standard 1/3…. Tracy and Sybrina don’t appear to have much affection for each other.
Ask him why if he and Brandi got home at 10:30 that night, how they didn’t see any of the crime scene that was lit up like Christmas. Ask him why he called Juvi looking for his son the next morning. Ask him why he said he had seen Trayvon earlier Sunday night sitting on the back porch at Brandi’s.
i think omeara and west are trying their best not to throw bricks and keep this case simple. focus on the law
Florida AG Pam Bondi and Angela Corey need to be brought up on charges of prosecutorial misconduct. This case should have never been brought to trial. Would love to see both of them “Nifonged.”
when the key witness is rj-one step removed from grunts and squeals, nobody wanted this turd to polish.
Scanning the list of prospective Defense witnesses, there appear to be scads of Martin family members available…. interesting that only two were called by State. Also interesting, but alarming as well, the large number of of witnesses for GZ who are ID’d only by numbers and letters, due to fear of reprisals.
i don’t like the fact gz tried to pull a fast one hiding his finances. and i don’t like his interview with hannity. one thing is certain, gz will live to see another day. i go back to just how fast things can go south. it’s scarey!
If TM used ‘lean’ or ‘purple drank’ and/or ‘blunts’ (cigar wrapped around a marijuana joint) that night and/or often, he may have had heightened aggression due to the effects of the combination of those drugs (+ his culture/peers + possibly RJ egging him on). http://www.ukcia.org/research/AgressiveBehavior.pdf
The night Trayvon was filmed at the store, he tried to buy a cigar, but was told he was not old enough. He sent friends in right after that to buy one for him.
ME Bao tried to discuss the mental/behavioral changes (direct, cumulative, interactive, long term) that drugs can have on mental state (paranoia, disturbed sleep, hallucinations, fear, anxiety, hyper-reactivity, etc.) and behavior (aggression) with BDLR, but the Prosecutor would not listen.
GZ described him as acting like he was on drugs.
I-gawd, Unc, but you are a FREAK for that drank.
When you WANT to hear more from Dr. Boa, you have a serious mental disorder.
Sir, this is a serious matter.
Vicious ad hominem attacks make you look bad and do not add to the discussion.
I’m not being vicious, Unc. I’m laughing at you and your death-grip on that nonsense.
Drugs have an effect on personality, thoughts and actions.
Paranoia and aggression are among those.
This is a fact not a joke.
This is what the justice system (colluding with Crump, the million dollar defense fund donor) is trying to cover up by excluding it from the jury’s ears.
However, the fact that Trayvon had personality changes due to drug use, peer culture and family problems is being covered up, but that very fact is why he was sent away from his mother’s home to live with his father in Sanford, FL.
Keep in mind that Rags is a booster for the prosecutors in this case.
The “fast one” was an attempt to be accurate, rebuffed and then spun into perjury. They asked his wife how much was in the defense fund, she answered, “I think it’s $X, but I’m not sure; I can ask my brother-in-law”. They responded with, “No, that’s OK”
Then they claim she intentionally lied. No — she apparently was not sure, and offered accurate information which they declined.
From The American Spectator: The State’s Case Against the State by Daniel J. Flynn who addresses the incompetence of the prosecutors:
If there is no evidence to support the Crump/Julison/Jackson media-touted (fictional emotional racial) narrative, it is the prosecution’s fault for touting that narrative in its opening statement and mid-case summary.
Just to have charged Zimmerman is incompetent and political.
http://www.washingtonpost.com/opinions/five-myths-about-the-killing-of-trayvon-martin/2013/07/03/0d76c176-e368-11e2-80eb-3145e2994a55_story.html
Interesting on several levels.
One being that it makes a (feeble) attempt at objectivity.
Another being that it fails rather badly. (See “myth” no. 2, which is not shown to be a “myth” at all.)
Finally, it cites to Crump as some kind of credible source, instead of doing some actual reportage.
Crump is probably seeing himself (with Obama’s and Holder’s endorsements) as the next FL Attorney General with Bill Nelson or Debbie Wasserman Shultz as Governor.
The Shamnesty Bill and continued vote/election fraud, will make this possible.
A PICTURE IS WORTH A MILLION WORDS
And ANOTHER
Does anyone know if Florida police could have obtained GZ’s or TM’s cell phone GPS/location history the night of the shooting? I thought we were at the point that investigators could readily obtain such information.
They can get some of the cell phone location history but I’m not sure how precise it is. They were able to determine that the Boston Marathon Bombers were in the area of the triple homicide that happened a year earlier. Apparently the friend who died mysteriously whle being interviewed by the FBI – they were able to locate him at the scene also. Imagine, one year later.
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