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Marcia Clark brought up a great point on Anderson Cooper (Original Post) DemocratSinceBirth Jun 2013 OP
Well if you believe he wanted to kill Martin from the get go I guess that works. dkf Jun 2013 #1
He did. appacom Jun 2013 #2
You don't know that. There is no way in the fucking world you could KNOW that. cherokeeprogressive Jun 2013 #13
So, can we imply you are defending Zimmerman and think he is not-guilty? Nanjing to Seoul Jun 2013 #44
You can imply whatever the fuck you want. cherokeeprogressive Jun 2013 #53
Neither can the DA, since he wasn't there either. Not guilty then, right? Nanjing to Seoul Jun 2013 #79
You mean "infer", and if you check cherokeeprogressive's history on this topic, no Recursion Jun 2013 #68
He targeted, tracked, and killed Trayvon. End of Story. Guilty appacom Jun 2013 #100
No doubt in my mind Cronus Protagonist Jun 2013 #30
He was interested in shooting one of "these people" because they always get away. Enthusiast Jun 2013 #92
My God this is ridiculous Recursion Jun 2013 #71
I believe Zimmerman thought he was going to pull off a citizen's arrest. lumpy Jun 2013 #9
No way did he want to lose a fight to a kid. He'd never live it down. alfredo Jun 2013 #35
I'm not a DA jeffrey_pdx Jun 2013 #41
He Will NEVER Take The Stand HangOnKids Jun 2013 #82
I'd love to see him on the stand, and so would the prosecution. alfredo Jun 2013 #99
My gut feeling is AgingAmerican Jun 2013 #43
My gut feeling is that's abso-fucking-lutely batshit insane Recursion Jun 2013 #72
Because that's what happened. Scootaloo Jun 2013 #81
"Poor Zimmerman, a victim of uncontrollable circumstances?" Adsos Letter Jun 2013 #107
"Fucking punks. These assholes always get away." Scootaloo Jun 2013 #109
I agree with you to the extent that the gun was part of Zimmerman's thinking. Adsos Letter Jun 2013 #110
Zimmerman prepared by making himself "armed and dangerous." reusrename Jun 2013 #111
That may be right cpwm17 Jun 2013 #89
I believe that Zimmy wanted to kill a punk. Maybe not specifically Martin, but I believe people rhett o rick Jun 2013 #12
Yep..I agree. These people have such pathetic lives they'll do anything to be recognized. BlueJazz Jun 2013 #20
Yes, there are people with such fantasies. Mariana Jun 2013 #36
Zimmy The Wanna Be Cop, Racist, Fuckwittage Was Playing A Nasty Game HangOnKids Jun 2013 #83
I agree with you, rhett o rick. Th1onein Jun 2013 #40
SYG was mentioned at first but was not followed through. I think it did not apply to this case. Thinkingabout Jun 2013 #52
Boy I wish I had a better memory...but I think your wrong about SYG Tippy Jun 2013 #117
Spot on. nt awoke_in_2003 Jun 2013 #70
And any Punk would have done....The police told him NO the property owners told him NO Tippy Jun 2013 #101
Yes I agree. nm rhett o rick Jun 2013 #103
If someone is packing a gun, it means: "I sure the fuck hope someone dies, Aristus Jun 2013 #24
Are you crazy? Recursion Jun 2013 #73
And every day that disturbed view Maximumnegro Jun 2013 #85
Zimmy is a slimeball, but I don't think he "set out" to kill someone. HooptieWagon Jun 2013 #38
Does the law make allowances for grandiose fantasies? aquart Jun 2013 #47
Good question. HooptieWagon Jun 2013 #50
How about depraved indifference to human life? aquart Jun 2013 #63
I don't think he stalked Martin with the intent to kill him. HooptieWagon Jun 2013 #66
Wanting approval is NOT an excuse for murder. aquart Jun 2013 #75
Ballet School Love It! HangOnKids Jun 2013 #84
I didn't say it was. HooptieWagon Jun 2013 #106
Why else did he stalk an innocent teenager? n/t malaise Jun 2013 #91
Wow...A mind reader.... DemocratSinceBirth Jun 2013 #93
Well I think it's ridiculous to think a person gets into situations because he can win by killing. dkf Jun 2013 #102
I thought Marcia Clark was getting in a fight that she couldn't lose when she was prosecuting OJ. Captain Stern Jun 2013 #3
Is there any reason that he would believe Trayvon, elleng Jun 2013 #5
Yes. Captain Stern Jun 2013 #10
Guess so. Must say elleng Jun 2013 #14
Not that Zimmerman knew it at the time... Pelican Jun 2013 #39
True, gun lovers have them everywhere and are promoting even more of the dang Hoyt Jun 2013 #56
I don't think Trayvon had enough time to go back to Miami to get it. DemocratSinceBirth Jun 2013 #94
Against the top 5 attorneys in the world ? KurtNYC Jun 2013 #7
I don't believe that's true pintobean Jun 2013 #4
Other than the fact that he had been stalking Martin. last1standing Jun 2013 #8
I wasn't aware of the fact that Zimmerman admitted that he had confronted Martin. Captain Stern Jun 2013 #15
You might want to check the law books on that. last1standing Jun 2013 #18
I think we agree on some points. Captain Stern Jun 2013 #23
Losing a fist fight does not rise to the level of grievous harm. last1standing Jun 2013 #27
I think we agree that there was a physical confrontation Captain Stern Jun 2013 #32
Zimmerman has to do a bit more than merely explain his side of the case. last1standing Jun 2013 #33
I understand and agree. Captain Stern Jun 2013 #45
He must have X-ray vision, then. pintobean Jun 2013 #16
Again, even if for some reason Zimmerman's stalking didn't show him that, last1standing Jun 2013 #19
I didn't argue any of that. pintobean Jun 2013 #22
The bit about fists vs. guns is absolutely not true... Pelican Jun 2013 #42
That's not exacly what I said but there has to be some proportionality. last1standing Jun 2013 #46
TM confronted GZ. Not the other way around. GZ didn't know what TM was carrying Honeycombe8 Jun 2013 #58
And you know that for a fact? last1standing Jun 2013 #60
Yes. It's in the recording of the phone conversation tween GZ & the cop. Honeycombe8 Jun 2013 #65
then why pursue someone if that's the case? frylock Jun 2013 #48
Excellent! thanks, DSB Cha Jun 2013 #6
And if it was Zimmerman who was yelling 'help me, help me' he didn't allow applegrove Jun 2013 #11
If Zimmerman didn't have control it seems as though the shot would have been more pacalo Jun 2013 #21
Did you hear today's witness testimony? The one who saw TM beating up GZ while screams Honeycombe8 Jun 2013 #61
I promised myself I was not going to applegrove Jun 2013 #78
In a situation like that, I don't think anyone can "plan" to set someone up Honeycombe8 Jun 2013 #95
Those screams stopped the millisecond the shot rang out. Zoeisright Jun 2013 #96
Marcia Clark? Seriously? The SAME Marcia Clark who lost a murder case to a RHYME? cherokeeprogressive Jun 2013 #17
Clark and Darden (sigh) Captain Stern Jun 2013 #26
I know right? Comedy writers couldn't brainstorm a funnier scenario... cherokeeprogressive Jun 2013 #28
That's only funny because it's shamefully close to the truth. Captain Stern Jun 2013 #37
glove hibbing Jun 2013 #34
WTF does OJ have to do with Trayvon Maximumnegro Jun 2013 #86
I get the association (Clarke, OJ), but I'm with you appacom Jun 2013 #104
I'll say whatever I want thank you. cherokeeprogressive Jun 2013 #105
Huh? DemocratSinceBirth Jun 2013 #112
She may just be the first to lose a murder case to a silly rhyme. n/t cherokeeprogressive Jun 2013 #113
Or maybe race was introduced into the case DemocratSinceBirth Jun 2013 #116
To a point Terutt Jun 2013 #108
Huh DemocratSinceBirth Jun 2013 #115
Zimmy thought he couldn't lose because he had a gun and knew Karatti. Auntie Bush Jun 2013 #25
I think he had every intention of confronting Trayvon... TeeYiYi Jun 2013 #29
Does that sound as silly when you type it... Pelican Jun 2013 #51
I'm actually Swyping on my phone... TeeYiYi Jun 2013 #54
Well enjoy your swyping... Pelican Jun 2013 #76
Thanks, Pelican! ;D TeeYiYi Jun 2013 #77
What a stupid statement. Zoeisright Jun 2013 #97
Do you have some proof or even circumstantial evidence... Pelican Jun 2013 #98
I've been held at gunpoint twice. Neither time was a gun fired. aquart Jun 2013 #55
Hmmmm... TeeYiYi Jun 2013 #62
Florida has the Murder a Black Man law. Coccydynia Jun 2013 #31
Did Zim really have to aim for the heart? No Vested Interest Jun 2013 #49
The gun cultists are taught to aim for center mass, even in so-called "safety" classes Hoyt Jun 2013 #59
So they're taught to aim to kill- No Vested Interest Jun 2013 #64
I agree, but they have this BS they are taught. They will even try Hoyt Jun 2013 #67
I've learned something here tonight. No Vested Interest Jun 2013 #69
Immobilize how? Pelican Jun 2013 #80
As a member of the military you don't understand this? HangOnKids Jun 2013 #87
Don't wake the poor guy... Pelican Jun 2013 #88
exactly arely staircase Jun 2013 #57
Only if he was sure that Trayvon didn't have a gun. pnwmom Jun 2013 #74
And if Zimmerman already had the gun out as he claimed justiceischeap Jun 2013 #90
The gun cult freepers do love their boy Zimmy, don't they? Kingofalldems Jun 2013 #114
 

cherokeeprogressive

(24,853 posts)
13. You don't know that. There is no way in the fucking world you could KNOW that.
Fri Jun 28, 2013, 11:14 PM
Jun 2013

I'll bet my bottom dollar that the MOMENT you heard the name Zimmerman, you thought "White guy kills a black guy."

 

cherokeeprogressive

(24,853 posts)
53. You can imply whatever the fuck you want.
Sat Jun 29, 2013, 01:03 AM
Jun 2013

I simply stated that the poster could NOT know, in his heart of hearts, what he claimed to "know".

 

Nanjing to Seoul

(2,088 posts)
79. Neither can the DA, since he wasn't there either. Not guilty then, right?
Sat Jun 29, 2013, 03:04 AM
Jun 2013

And you are very rude in your response.

Recursion

(56,582 posts)
68. You mean "infer", and if you check cherokeeprogressive's history on this topic, no
Sat Jun 29, 2013, 01:26 AM
Jun 2013

I don't know what it is about this case that shuts off DUers' ability to think.

(Unless you actually did mean "imply", but that's a weird question to ask.)

appacom

(296 posts)
100. He targeted, tracked, and killed Trayvon. End of Story. Guilty
Sat Jun 29, 2013, 11:18 AM
Jun 2013

And you decided the moment you heard the dead youth was Black, that he was a thug who deserved to die.

Cronus Protagonist

(15,574 posts)
30. No doubt in my mind
Sat Jun 29, 2013, 12:06 AM
Jun 2013

He telegraphed his intentions on that police call where he read off the shooter's checklist with all the attributes necessary for a defense of an extrajudicial killing in Florida. And he had to lie about the teenager to make these claims, which is why his testimony is inconsistent. That showed intent right there. And his actions also showed intent. He was never interested in catching a petty thief, he was interested in shooting one of "these people". Clear as day.

Enthusiast

(50,983 posts)
92. He was interested in shooting one of "these people" because they always get away.
Sat Jun 29, 2013, 09:14 AM
Jun 2013

Yes, he betrayed his intent on the phone.

Recursion

(56,582 posts)
71. My God this is ridiculous
Sat Jun 29, 2013, 01:35 AM
Jun 2013

What is it about this topic that makes so many people on DU incapable of thinking?

lumpy

(13,704 posts)
9. I believe Zimmerman thought he was going to pull off a citizen's arrest.
Fri Jun 28, 2013, 11:09 PM
Jun 2013

It backfired and Zimmerman was met with resistence leading to a wrestling match and Zimmerman's last resort of pulling of the trigger. Why he was in fear of his life has yet to be determined.

jeffrey_pdx

(222 posts)
41. I'm not a DA
Sat Jun 29, 2013, 12:40 AM
Jun 2013

If Zimmerman takes the stand, I'd push him hard about why he couldn't outfight some skinny teenager. I bet his psuedo-macho, Chuck Norris ego couldn't take it. All bullies are really scared and if you push them they'll deny it. But they'd rather be guilty than shown their true colors.

 

HangOnKids

(4,291 posts)
82. He Will NEVER Take The Stand
Sat Jun 29, 2013, 04:04 AM
Jun 2013

There is no way in hell he goes on the stand. Not gonna happen. EVER. But I agree with your assessment of bullies, each and every one of them are cowards.

Recursion

(56,582 posts)
72. My gut feeling is that's abso-fucking-lutely batshit insane
Sat Jun 29, 2013, 01:36 AM
Jun 2013

Seriously. I literally think that's crazy, and I can't understand why so many people on this board think that.

 

Scootaloo

(25,699 posts)
81. Because that's what happened.
Sat Jun 29, 2013, 03:46 AM
Jun 2013

Zimmerman got out of his car, packing his gun, to make a confrontation he had been told to not make, and now the person he confronted is buried.

Do you suppose the gun just went off on its own? Poor Zimmerman, a victim of uncontrollable circumstances?

Adsos Letter

(19,459 posts)
107. "Poor Zimmerman, a victim of uncontrollable circumstances?"
Sat Jun 29, 2013, 01:16 PM
Jun 2013

no, definitely not. I don't think Zimmerman's actions are defensible; however, it's a huge leap to say that he intended beforehand to shoot Trayvon Martin.

 

Scootaloo

(25,699 posts)
109. "Fucking punks. These assholes always get away."
Sat Jun 29, 2013, 04:26 PM
Jun 2013

Those are George Zimmerman's own words before he clambered out of his truck to pursue Trayvon, bringing his loaded, safety-off gun with him to do so. I think, from this, it's pretty obvious he planned to pull a Dirty Harry on whoever he was chasing, to play out a fantasy cop-versus-badguy scene. The gun was part of whatever was running through Zimmerman's head, certainly.whether he planned to shoot, or just wave it around, I have no idea, but it's plainly obvious he wished to initiate a hostile confrontation with the belief that he had the upper hand because of his weapon.

Adsos Letter

(19,459 posts)
110. I agree with you to the extent that the gun was part of Zimmerman's thinking.
Sat Jun 29, 2013, 08:38 PM
Jun 2013

"Fucking punks. These assholes always get away." That leads me to believe that Z intended to use that gun to hold TM until the cops got there. I am not saying that he should have done that, only that I don't believe the shooting was premeditated. And, again, that's just my opinion.

Since everyone is speculating about what Z intended: I think Z intended to hold TM at gunpoint, if necessary, until the cops got there because he thought TM was up to no good. He had no reason to believe that about Trayvon because TM wasn't, in fact, doing anything illegal. That should have been left to the cops to determine.

Something happened that escalated that situation into the use of deadly force. I don't know what that was, and we may never actually find out beyond a reasonable doubt (again, my opinion only).

I think Z was morally wrong to shoot TM; however, the Court isn't interested in whether the shooting was morally wrong, but whether it was legally wrong. That, at least, is my understanding. For myself, I suspect he was also legally wrong. Whether the jury agrees remains to be seen.

Some have complained about the amount of discussion that this is garnering on DU but I am glad there is this much discussion going on, as it is forcing me to examine my own beliefs on a whole raft of issues associated with this killing.

My opinion about this, and a lot of other things associated with it continues to evolve, and I thank you for contributing to that evolution.

 

reusrename

(1,716 posts)
111. Zimmerman prepared by making himself "armed and dangerous."
Sat Jun 29, 2013, 09:30 PM
Jun 2013

Then he changed his behavior and acted in an "armed and dangerous" manner.

The Martin boy probably picked up on the fact that some "creepy ass cracker" was acting in an "armed and dangerous" manner, and was probably in legitimate fear for his life.

The premeditation question should be: Would Zimmerman's behavior have been the same if he had not prepared for the encounter by making himself "armed and dangerous?"

It's obvious that chickenshit little prick would never have gone anywhere near the Martin boy without a gun.

He's a coward and a killer. Premeditated killer. This was his best fantasy come true.

 

cpwm17

(3,829 posts)
89. That may be right
Sat Jun 29, 2013, 06:21 AM
Jun 2013

Or he wanted to question TM closely, since TM fit the profile of a potential burglar. TM was threatened by Zimmerman's actions and attacked him. After the fight went south, Zimmerman killed TM. It was likely Zimmerman screaming for help, since the closest witness placed him on the bottom, and Zimmerman had injuries consistent with a beat down.

The law may be on Zimmerman's side, even though it shouldn't. It isn't illegal to follow another person and it isn't illegal to carry a weapon. It is illegal to attack someone, as it appeared that TM did to Zimmerman. The law says that the victim of an attack can shoot that attacker if they feel significantly endangered.

This scenario does set up a situation where there is a good potential of a shooting. Zimmerman behaved in a way that had a significant chance to lead to the death of TM: provoke and shot. It works against people that will easily attack when they feel threatened. TM shouldn't have attacked Zimmerman since he didn't know Zimmermans intentions.

 

rhett o rick

(55,981 posts)
12. I believe that Zimmy wanted to kill a punk. Maybe not specifically Martin, but I believe people
Fri Jun 28, 2013, 11:13 PM
Jun 2013

like Zimmy carry guns hoping and praying that they get the chance to use it and be a hero. I hope Zimmy gets the maximum.

 

BlueJazz

(25,348 posts)
20. Yep..I agree. These people have such pathetic lives they'll do anything to be recognized.
Fri Jun 28, 2013, 11:32 PM
Jun 2013

Their minds think: "Maybe today..just maybe something will happen that will show the world I really am important.

In the case of ZimmyBoy, he caused it to happen.

Mariana

(14,854 posts)
36. Yes, there are people with such fantasies.
Sat Jun 29, 2013, 12:22 AM
Jun 2013

Zimmy may very well have been one of them.

From Zimmy's call to the police, it really does sound as if he was already setting up his self-defense scenario with the stuff he said about Trayvon, all the crap about "There's something wrong with him, I think he's on drugs" and so on. Remember he said something about Trayvon was coming toward him with his (Trayvon's) hand at his waistband? If Trayvon hadn't run off at that point, I bet Zimmy's next words on the phone, regardless of what Trayvon was actually doing, would have been something like, "Oh shit, I think he has a gun! He's still coming toward me! Oh God!" Then, BANG.

 

HangOnKids

(4,291 posts)
83. Zimmy The Wanna Be Cop, Racist, Fuckwittage Was Playing A Nasty Game
Sat Jun 29, 2013, 04:07 AM
Jun 2013

He just over estimated his intelligence, it happens with stupid people. They aren't intelligent enough to know they are stupid.

Th1onein

(8,514 posts)
40. I agree with you, rhett o rick.
Sat Jun 29, 2013, 12:39 AM
Jun 2013

I think Z was out that night, and other nights, packing a gun, looking for someone to use it on. And he found Trayvon.

What I'm curious about is this: Did Z mention anything about the Stand Your Ground law after he was arrested? Did he know about it before he met up with Trayvon?

Tippy

(4,610 posts)
117. Boy I wish I had a better memory...but I think your wrong about SYG
Sat Jun 29, 2013, 10:18 PM
Jun 2013

I heard it mentioned several times by different sources...

Tippy

(4,610 posts)
101. And any Punk would have done....The police told him NO the property owners told him NO
Sat Jun 29, 2013, 11:25 AM
Jun 2013

But the NRA said yes The police should have followed up on his 9/11 calls. He was a murder looking for a place to happen...This hot dog needs to spend his life behind bars...

Aristus

(66,316 posts)
24. If someone is packing a gun, it means: "I sure the fuck hope someone dies,
Fri Jun 28, 2013, 11:40 PM
Jun 2013

and this little beauty will ensure it ain't me!"

Recursion

(56,582 posts)
73. Are you crazy?
Sat Jun 29, 2013, 01:37 AM
Jun 2013

Seriously, that's a very disturbed view of the millions of Americans who carry guns.

Maximumnegro

(1,134 posts)
85. And every day that disturbed view
Sat Jun 29, 2013, 04:19 AM
Jun 2013

is justified. At this point other First World Countries have pretty much shown that America's obsession with guns is insane. There really is zero defense for owning anything more than a hunting rifle. None.

 

HooptieWagon

(17,064 posts)
38. Zimmy is a slimeball, but I don't think he "set out" to kill someone.
Sat Jun 29, 2013, 12:32 AM
Jun 2013

He set out to make a "citizens arrest", and teach "those punks" a lesson and impress the cops. Backfired when an innocent kid walking home wouldn't put up with his shit. So, faced with a kid who wouldn't do what he said, he tried to physically restrain him, and when Trayvon resisted, Zimmy shot him.

 

HooptieWagon

(17,064 posts)
50. Good question.
Sat Jun 29, 2013, 12:59 AM
Jun 2013

There is no hard evidence Zimmy had those fantasies (blog, etc). Maybe he did, but it cant be proven. However, its reasonable to assume (lacking evidence to the contrary) that Zimmy didn't walk oit of his house that night intending to kill someone. He just wanted to be an authoritative bigshot... but bit off more than he could chew, panicked, fired his gun, and killed an innocent kid. Could be 2nd degree or voluntary manslaughter. Def not first degree.

aquart

(69,014 posts)
63. How about depraved indifference to human life?
Sat Jun 29, 2013, 01:18 AM
Jun 2013

He brought a loaded gun. He selected his prey and stalked him. He got out of the car and confronted him. He shot him dead.

You don't see premeditation and I do. NOTHING would have happened if that brainless bigot hadn't caused it.

 

HooptieWagon

(17,064 posts)
66. I don't think he stalked Martin with the intent to kill him.
Sat Jun 29, 2013, 01:25 AM
Jun 2013

He stalked Martin with the intent of stopping one of "those punks" and getting approval from the cops. He just got in over his head, panicked, and pulled the gun.

If he just intended to shoot someone, why call police? He would have shot and run away.

 

HangOnKids

(4,291 posts)
84. Ballet School Love It!
Sat Jun 29, 2013, 04:14 AM
Jun 2013

Zimmy is dumb as a bag of cat shit, he was NOT looking for approval that night. He had a new toy and wanted to play with it. He was hunting.

 

HooptieWagon

(17,064 posts)
106. I didn't say it was.
Sat Jun 29, 2013, 12:32 PM
Jun 2013

I'm merely expressing my opinion of what his probable mindset was, since it relates to murder1 vs murder2. You seem to be looking for an arguement.

DemocratSinceBirth

(99,710 posts)
93. Wow...A mind reader....
Sat Jun 29, 2013, 09:43 AM
Jun 2013

I"m not saying Zimmy intended to kill the kid...I am suggesting that gun emboldened him...

 

dkf

(37,305 posts)
102. Well I think it's ridiculous to think a person gets into situations because he can win by killing.
Sat Jun 29, 2013, 11:39 AM
Jun 2013

Captain Stern

(2,201 posts)
3. I thought Marcia Clark was getting in a fight that she couldn't lose when she was prosecuting OJ.
Fri Jun 28, 2013, 10:49 PM
Jun 2013

We don't know that Zimmerman even knew he was getting into a fight. We also have no reason to believe that Zimmerman thought he was the only one that had a gun.

 

Pelican

(1,156 posts)
39. Not that Zimmerman knew it at the time...
Sat Jun 29, 2013, 12:38 AM
Jun 2013

... but as we saw from the cell phone photos Martin had at least some access to firearms.

Not relevant to the case at all but just a side note.

 

Hoyt

(54,770 posts)
56. True, gun lovers have them everywhere and are promoting even more of the dang
Sat Jun 29, 2013, 01:08 AM
Jun 2013

things. Turns out, Martin really did need a weapon against this so-called "law-abiding" gun toter.

KurtNYC

(14,549 posts)
7. Against the top 5 attorneys in the world ?
Fri Jun 28, 2013, 11:07 PM
Jun 2013

Most would be out gunned but Marcia Clark couldn't prove that water is wet.

last1standing

(11,709 posts)
8. Other than the fact that he had been stalking Martin.
Fri Jun 28, 2013, 11:07 PM
Jun 2013

Even Zimmerman admits that he was following Martin for at least some time previous to his 911 call. Also, if he thought Martin had a gun why did he voluntarily place himself in a dangerous situation by confronting him? Either way, Zimmerman becomes the aggressor who created a volatile situation when he had no legal right to do so. Also, once Zimmerman had established that Martin was not carrying a weapon the use of a gun became disproportionate defense even if Martin did physically attack him.

This is basic law. If you attack me with your fists, I am not legally allowed to shoot you with my gun. I can only defend myself in a manner fitting the situation. Also, since it has been admitted that it was Zimmerman who confronted Martin, Zimmerman cannot claim that he had the right to act in self defense. Again, basic criminal law states that once you begin a fight, you lose any self defense claim regardless of how the fight goes.

Captain Stern

(2,201 posts)
15. I wasn't aware of the fact that Zimmerman admitted that he had confronted Martin.
Fri Jun 28, 2013, 11:19 PM
Jun 2013

I thought his story was that Martin confronted him. And from what I can tell, that is still what he says happened. Perhaps I'm mistaken, and his version has changed.

As far as the law goes, if I attack you with my fists, and you have a reasonable belief that you are in grievous danger, you most certainly can shoot me, or stab me, or hit me with a bat. You are not limited to fighting back with fists only.

last1standing

(11,709 posts)
18. You might want to check the law books on that.
Fri Jun 28, 2013, 11:27 PM
Jun 2013

If you weigh 200lbs and I weigh 150lbs then I do have the right to defend myself with a weapon that makes the challenge more proportionate. That's not to say that Zimmerman couldn't have used a bat if Martin was attacking him but the law does not allow pulling a gun in non-life threatening circumstances such as a fist fight.

As for confrontation, Zimmerman admits that he went after Martin after the call. That should be enough to establish who confronted whom.

Captain Stern

(2,201 posts)
23. I think we agree on some points.
Fri Jun 28, 2013, 11:38 PM
Jun 2013

If someone feels they're in danger of grievous harm, they can defend themselves. IF Zimmerman was on his back and being being straddled and beaten by Martin, he's got a good case for shooting Martin in self-defense.

I haven't heard any evidence that shows that Zimmerman 'went after' Martin after the call. I think we might disagree on what 'went after' means. I think it's important to remember that following someone is completely legal. If Zimmerman started the physical confrontation, his self defense claim definitely shrinks, but if all he did was follow Martin, he's not legally at fault.

last1standing

(11,709 posts)
27. Losing a fist fight does not rise to the level of grievous harm.
Fri Jun 28, 2013, 11:47 PM
Jun 2013

If it did then every altercation could result in someone being legally killed. The reason the law was written was to keep this very thing from happening.

I won't argue the confrontation question because we disagree on what has been admitted and what it means. That happens.

However, you need to remember that Zimmerman has already admitted to killing Martin. Now it is up to him to present proof that he did so in self defense. It is unlikely his word will be enough to establish his innocence by a preponderance of the evidence.

Captain Stern

(2,201 posts)
32. I think we agree that there was a physical confrontation
Sat Jun 29, 2013, 12:07 AM
Jun 2013

I think that perhaps we disagree on what constitutes a physical confrontation. I think that means the first time that one party lays hands on another, whether it's a blow or a hands on attempt to constrain.

I agree that Zimmerman has admitted to killing Martin. And I also agree that at this point, Zimmerman has to show that he killed Martin in self defense, but he doesn't have to prove it. He just has to explain why it was self-defense. Then, the prosecution has to convince the jury, beyond a reasonable doubt, that Zimmerman's version of the story couldn't have happened. That means that the prosecution has to disprove at least some aspects of Zimmerman's version of events. In my opinion, they haven't done that yet.

last1standing

(11,709 posts)
33. Zimmerman has to do a bit more than merely explain his side of the case.
Sat Jun 29, 2013, 12:11 AM
Jun 2013

Self defense is known as an affirmative defense in criminal cases which requires the defendant to prove his case, not merely tell his side of the story.

http://en.wikipedia.org/wiki/Affirmative_defense

An affirmative defense is a complete or partial defense to a civil lawsuit or criminal procedure that affirms the complaint or charges but raises facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, would defeat or reduce a claim even if the allegations alleged are all proven.


Captain Stern

(2,201 posts)
45. I understand and agree.
Sat Jun 29, 2013, 12:46 AM
Jun 2013

Zimmerman's version of the events is that he was struck by Martin and that knocked him to the ground. He then claims that he was being repeatedly struck by Martin while Martin was straddling him, and that Martin was also banging his head against the sidewalk. He also admits to shooting Martin at that point. His claim is self-defense.

The questions:

1. Is Zimmerman's story true? Is there enough evidence to convince the jury that things didn't happen the way Zimmerman said they happened? (In my opinion, there's not so far. although there definitely are other scenarios that could have happened)

2. If Zimmerman's story is true, was it reasonable for him to believe he was in danger of grievous harm? I believe that if things happened the way Zimmerman said they did, then yes.

Once Zimmerman has laid out his case for self-defense, my understanding is that it's up to the prosecution to prove beyond a reasonable doubt that his version didn't happen. If they jury thinks that Zimmerman's story could reasonably be true, they should acquit. I could be mistaken, but that's my understanding of how it works.

 

pintobean

(18,101 posts)
16. He must have X-ray vision, then.
Fri Jun 28, 2013, 11:22 PM
Jun 2013

I don't know how following someone helps determine if they're armed, or not.

last1standing

(11,709 posts)
19. Again, even if for some reason Zimmerman's stalking didn't show him that,
Fri Jun 28, 2013, 11:29 PM
Jun 2013

he still had no legal right to place himself in a situation that could result in what happened. So either Zimmerman broke the law by confronting a kid who had no weapon or he broke the law by confronting a kid who did have a weapon.

 

Pelican

(1,156 posts)
42. The bit about fists vs. guns is absolutely not true...
Sat Jun 29, 2013, 12:41 AM
Jun 2013

You have to be able to articulate why you felt, at the time, and in a reasonable manner, that the attack put you in fear for your life.

People die in fist fights without weapons all the time. That's like saying that if I'm beating you with a lead pipe you can only respond with force up to or equal to a pipe.

last1standing

(11,709 posts)
46. That's not exacly what I said but there has to be some proportionality.
Sat Jun 29, 2013, 12:49 AM
Jun 2013

An old woman in a wheelchair can generally use more force than could a 25 year old, 200lb man in peak condition. There are always exceptions based on the circumstance but this doesn't appear to be one of those situations.

Honeycombe8

(37,648 posts)
58. TM confronted GZ. Not the other way around. GZ didn't know what TM was carrying
Sat Jun 29, 2013, 01:13 AM
Jun 2013

was a coke can. He told teh cop on the phone that TM was walking toward him, that he had "something" in his hand.

last1standing

(11,709 posts)
60. And you know that for a fact?
Sat Jun 29, 2013, 01:16 AM
Jun 2013

Against all other proofs, you know that Martin confronted Zimmerman? Interesting. In a legal sense, many would say that Zimmerman confronted Martin by forcing a stand off when he continued to follow him. However, I don't know what the jury will decide.

Honeycombe8

(37,648 posts)
65. Yes. It's in the recording of the phone conversation tween GZ & the cop.
Sat Jun 29, 2013, 01:20 AM
Jun 2013

You didn't hear that recording?

It's that conversation where the cop tells GZ not to get out of his car. But earlier in the conversation, GZ is telling the cop where TM is or whatever, and the cop tells him to stay put, that the cops are on the way. Cop asks him for physical description of TM and what race. Near the end of that conversation GZ says that TM is walking toward him, holding something in his hand.

Witness today testified that s/he saw TM straddling GZ on the ground, pummeling him with both arms/hands, like a martial arts thing, is the way the witness put it. While he heard screams of "help me." Witness yells out to stop it.

Important witness. The only one to see the altercation, as far as I know.

frylock

(34,825 posts)
48. then why pursue someone if that's the case?
Sat Jun 29, 2013, 12:52 AM
Jun 2013

Maybe I'm just a wuss, but if I believe there's a possibility that Martin is armed, my sense of self preservation kicks in and i wait for the cops. Zimmerman was looking for confrontation just like the asshole who killed that kid in front of the convenience store for playing music too loudly.

applegrove

(118,609 posts)
11. And if it was Zimmerman who was yelling 'help me, help me' he didn't allow
Fri Jun 28, 2013, 11:11 PM
Jun 2013

for more than a second before he shot his gun. If Zimmerman did yell 'help me', knowing he had a gun, should he not have stopped for more than a second to let his possession of a gun sink into Martin's brain? I still think it was Martin who was yelling for help. I trust his mom to know her own son's screams.

pacalo

(24,721 posts)
21. If Zimmerman didn't have control it seems as though the shot would have been more
Fri Jun 28, 2013, 11:33 PM
Jun 2013

random & less aimed than point-blank, directly in Trayvon's heart. As soon as Trayvon was shot, the screaming ended. If it had been Zimmerman screaming as long as what I heard, he sure gathered his composure quickly. He calmly spoke to the neighbors who asked him what was going on. He wasn't in an agitated state for someone who claims to be screaming 'help me, help me'.

Honeycombe8

(37,648 posts)
61. Did you hear today's witness testimony? The one who saw TM beating up GZ while screams
Sat Jun 29, 2013, 01:16 AM
Jun 2013

were heard?

TM had GZ down on the ground, straddling him and pummeling him with both hands, like a martial arts position, the witness said. While there were screams of "help me."

That's what the witness today said.

Just sayin'. Sometimes the evidence is not the way people think.

applegrove

(118,609 posts)
78. I promised myself I was not going to
Sat Jun 29, 2013, 02:16 AM
Jun 2013

pay attention to this trial, like I ignore most trials, but it seems it is impossible. No I had not heard that. If Zimmerman was yelling for help he should have stopped once he pulled his gun and given Martin the chance to back off. There was no time between Zimmerman yelling for help and Martin being shot. And if Zimmerman was yelling help me while pointing a gun at Trayvon then that seems like it was a set up. Oh. Dam. I‘m getting sucked in. It is so sad.

Honeycombe8

(37,648 posts)
95. In a situation like that, I don't think anyone can "plan" to set someone up
Sat Jun 29, 2013, 10:00 AM
Jun 2013

by pulling a gun and then yelling for help, fake-like. That's expecting a level of planning, cunning, and non-emotional behavior that is beyond most people, and GZ is definitely not a non-emotional person.

I'm not watching the trial. I work during the day. But I see clips and read about the witnesses that day.

If people don't watch the evidence unfold, they may not understand the jury verdict when it comes down. They'll have missed key evidence. That's true, whether the person thinks GZ is guilty or thinks he is not guilty.

I watched most of the OJ Simpson trial, which is how I came to the conclusion that he was guilty beyond a reasonable doubt, but the jury did a nullification verdict based on something else and/or didn't understand DNA (DNA was new at that time).

Zoeisright

(8,339 posts)
96. Those screams stopped the millisecond the shot rang out.
Sat Jun 29, 2013, 10:13 AM
Jun 2013

That was Trayvon screaming. Nothing else makes any sense.

 

cherokeeprogressive

(24,853 posts)
17. Marcia Clark? Seriously? The SAME Marcia Clark who lost a murder case to a RHYME?
Fri Jun 28, 2013, 11:26 PM
Jun 2013

Goodness, why don't we call Christopher Darden and ask him what HE thinks?

If the two of them think Zimmerman's guilty, I can pretty much guarantee an acquittal.

Marcia Clark? Seriously?

 

cherokeeprogressive

(24,853 posts)
28. I know right? Comedy writers couldn't brainstorm a funnier scenario...
Fri Jun 28, 2013, 11:58 PM
Jun 2013

"So Marcia, what do you think of George Zimmerman?"

"Well Bruce, I'm convinced that Mr. Zimmerman got INTO his car that night with the intent to shoot and kill someone, preferably a young black man in a hoodie."

"But Marcia, a witness stated under oath that he saw Mr. Zimmerman on the bottom during the altercation leading to the shooting of Trayvon Martin."

"Bruce, I have it on good authority that Mr. Zimmerman was more comfortable fighting from the missionary position, and as they say if he's on bottom, that means we got him."

"Um, okay Marcia, thanks. Next up, evidence that Nick Wallenda never crossed the Grand Canyon on a wire, but was a hologram projected from four NSA satellites so as to present a 3D image. We'll be back after a word from our sponsor... NSA, Protecting the American Government from Its Citizens."

Captain Stern

(2,201 posts)
37. That's only funny because it's shamefully close to the truth.
Sat Jun 29, 2013, 12:28 AM
Jun 2013

Everybody's got to make a living, so I don't begrudge her for taking the opportunity to make a few dollars. But I hope she recognizes the fact that she's famous for failing in a big way. She's not being asked for her opinion because people respect her opinion. She's being asked for her opinion because people know who she is.

Maximumnegro

(1,134 posts)
86. WTF does OJ have to do with Trayvon
Sat Jun 29, 2013, 04:22 AM
Jun 2013

I notice OJ's name keeps popping up and there NOTHING these cases have in common. So please back off the OJ references.

appacom

(296 posts)
104. I get the association (Clarke, OJ), but I'm with you
Sat Jun 29, 2013, 12:14 PM
Jun 2013

Maximumnegro - I really like that handle.

I'm an ole newspaper writer who no longer writes, but this case is burning inside me, giving me that old itch to be heard. I keep reading, and listening to trial accounts, and nobody seems to be getting it right. When I figure out what it is I want to say, I'd like to first share it with you.

 

cherokeeprogressive

(24,853 posts)
105. I'll say whatever I want thank you.
Sat Jun 29, 2013, 12:16 PM
Jun 2013

Ms.Clark prosecuted OJ and lost the case to a rhyme. Her prosecutorial prowess is questionable.

DemocratSinceBirth

(99,710 posts)
116. Or maybe race was introduced into the case
Sat Jun 29, 2013, 09:52 PM
Jun 2013

Or maybe race was introduced into the case and a major state witness was impeached for using the N word.


But I "applaud" Zimmy's attorneys for introducing race into the case to distract the jurY. It's the 180 degree version of the O J defense. But their job is to get an acquittal , not justice.

Terutt

(1 post)
108. To a point
Sat Jun 29, 2013, 01:18 PM
Jun 2013

Well, I watched the show. For me Marcia Clark showed why she was a poor prosecutor and continues to be a poor lawyer. Remember, her whole approach to trying to convict oj was to show that Nicole had been abused, and that it ultimately escalated into oj killing her. Now last night, with Zimmerman, who was being punched in the head (and had his nose broken in the process) and was having his head slammed into the concrete (all of which where much more serious injuries than Nicole suffered under oj...untill he killed her). Marcia tried to argue that zimmerman's injuries did not qualify as serious bodily injury and so maybe he was unjustified in using deadly force...wtf? I am guessing she considered the abuse Nicole suffered as serious. So she is at best inconstant in her reasoning, but at least this demonstrates that this trial has sort of crossed the threshold regarding who the debate about who the physical aggressor was (trayvon) and now it becomes a debate if the injuries suffered warranted killing him. If that is the case, this trial is over because the law is suffered injury or feared suffering injury (so if a guy is charging you with a knife, you can shoot him even though he has not injured you yet). I think having your head banged on the sidewalk qualifies as a reasonable fear that you are about to be seriously injured. Given the law (which I am not defending) around stand your ground, I don't see how you convict him. He was in a place he had the right to be, carrying a legal firearm, and if you are on a neighborhood watch (meaning you are actively looking for criminals) then carrying a weapon as a defensive last resort seems reasonable, and it's application in this case seems legal. This is the law...if you don't like the outcome, repeal conceal carry, actively discourage neighborhood watch programs which fosters conflict between criminals (and innocent people) and ill-trained gun toters, and make the law so that you can use deadly force only to stop the loss of life (and not just to protect property/prevent serious injury)

DemocratSinceBirth

(99,710 posts)
115. Huh
Sat Jun 29, 2013, 09:45 PM
Jun 2013

1) The physical evidence pointed to Simpson's guilt.
2) The abuse was just part of the mountain of evidence.
3) Whether or not Zimmerman thought death or great bodily harm was imminent is a jury question. The jury isn't required to put themselves in Zimmerman's shoes. They are required to put themselves in the shoes of a reasonable person.

Auntie Bush

(17,528 posts)
25. Zimmy thought he couldn't lose because he had a gun and knew Karatti.
Fri Jun 28, 2013, 11:41 PM
Jun 2013

When he picked that fight he didn't know TM knew Karatti too. That must have been a shock! I hope he got in a few kicks. Oh I just got a thought. Maybe TM didn't have bruises on his knuckles...because he kicked TM and then pinned him down.

TeeYiYi

(8,028 posts)
29. I think he had every intention of confronting Trayvon...
Fri Jun 28, 2013, 11:59 PM
Jun 2013

...because he knew he was packin' and that if the confrontation escalated, he would be in a position of power. I think he envisioned himself making a 'citizen's arrest' but ended up killing Trayvon instead.

Guns aren't always like in the movies where someone pulls their gun and the other person freezes. In real life, when a gun gets pulled, it usually gets fired. Just like in real world police situations, once the gun comes out it usually ends badly.

Zimmerman was a wannabe cop. I think he got his wannabe wish. I think he had his gun drawn from the jump.

”Zimmerman told authorities that during their fight, Trayvon tried to cover Zimmerman's mouth with his hand and tried to pull the handgun away from him.”

http://articles.orlandosentinel.com/2012-05-15/news/os-trayvon-martin-gun-20120513_1_gun-shop-owner-gun-owners-kel-tec

I believe that Trayvon tried to save his own life by trying to hold Zimmernan down and/or grabbing the gun away from him. He never beat Zimmerman with his fists. He was too busy trying to keep from being murdered.

Then Zimmerman managed to get a shot off and the recoil of the gun smacked him in the face. (The gun he was using has a reputation of 'kicking like a mule.')

Short of Zimmerman's gun jamming, the possibility of Trayvon surviving Zimmerman's planned confrontation was next to zero. He never really had a chance.

I agree with Marcia Clark.

TYY

 

Pelican

(1,156 posts)
51. Does that sound as silly when you type it...
Sat Jun 29, 2013, 01:01 AM
Jun 2013

... as it does when I read it?

Man X on top of Man Y... Man X is acting defensively by repeatedly "holding him down" and trying to grab a weapon?

Zoeisright

(8,339 posts)
97. What a stupid statement.
Sat Jun 29, 2013, 10:13 AM
Jun 2013

Man X has a gun and stalks and confronts Man Y. Who's the aggressor here? You really need to learn some reasoning skills, because you don't have ANY.

 

Pelican

(1,156 posts)
98. Do you have some proof or even circumstantial evidence...
Sat Jun 29, 2013, 10:16 AM
Jun 2013

... that Zimmerman brandished or displayed his gun up to and including the time that he and Martin were speaking?

aquart

(69,014 posts)
55. I've been held at gunpoint twice. Neither time was a gun fired.
Sat Jun 29, 2013, 01:07 AM
Jun 2013

And one of those times I was trapped in an elevator with armed teens and I was ranting, calling them idiots for mugging someone on the way back from shopping when the money was gone and then I went on listing every rotten thing that had happened in the last month because this was my first day out after weeks of illness. And still the gun was not fired.

TeeYiYi

(8,028 posts)
62. Hmmmm...
Sat Jun 29, 2013, 01:17 AM
Jun 2013

Maybe because you didn't try to fight or take the gun away...

Oh well; my theory is only conjecture.

TYY

 

Coccydynia

(198 posts)
31. Florida has the Murder a Black Man law.
Sat Jun 29, 2013, 12:06 AM
Jun 2013

The fact the Zimmerman chose not to pursue that hearing is all you need to know about the guilt of Zimmerman.

 

Hoyt

(54,770 posts)
59. The gun cultists are taught to aim for center mass, even in so-called "safety" classes
Sat Jun 29, 2013, 01:14 AM
Jun 2013

usually taught by some hack certified by the NRA.

No Vested Interest

(5,166 posts)
64. So they're taught to aim to kill-
Sat Jun 29, 2013, 01:20 AM
Jun 2013

That's more than self-defense, isn't it?
Seems to me that it would be enough to just immobilize the other.
But, as is obvious, I don't know a thing about that way of thinking.

 

Hoyt

(54,770 posts)
67. I agree, but they have this BS they are taught. They will even try
Sat Jun 29, 2013, 01:25 AM
Jun 2013

to convince you aiming for center mass minimizes chances of "innocents" being hit. They actually believe such crud, worse they spread it among the cult.

 

HangOnKids

(4,291 posts)
87. As a member of the military you don't understand this?
Sat Jun 29, 2013, 04:41 AM
Jun 2013

You want me to bring my son to the keyboard, he was with the Marines 3/7 in Iraq. I'm sure you know that unit, right? He got a Purple Heart for his service Pelican. He is sleeping now after a long drive from So CA but I am sure he could answer your post.

 

Pelican

(1,156 posts)
88. Don't wake the poor guy...
Sat Jun 29, 2013, 05:29 AM
Jun 2013

... but please ask him what he thinks about shooting someone to immobilize them.

I don't say this out of snark, I say it to make people go through the logical process. If you aren't willing to kill someone, then you shouldn't be carrying a gun with all that it entails, good and bad.

When people talk about this they usually think of Hollywood where the hero shoots the bad guy in the leg so the police can take him away or shoots the gun out of his hand or some other silliness.

The reason you shoot center mass, especially with a pistol, is so you don't miss. This is the same reason that shooters are taught not to aim for the head (as a general rule.) Small target means more chance that you miss and less chance that the the threat will be stopped.

If you are far enough away and have enough time to take a calm aimed shot at an arm or leg to "immobilize them" then you have enough time to get the fuck out of there because your life isn't in danger.

This advice applies mostly to handguns at short range in a non-warfare setting.

Cheers...

arely staircase

(12,482 posts)
57. exactly
Sat Jun 29, 2013, 01:08 AM
Jun 2013

as long as I have a gun I can go start I fight with anyone, then if I start getting my ass kicked I can just shoot the person I started a fight with and it is self defense.

what utter bullshit

justiceischeap

(14,040 posts)
90. And if Zimmerman already had the gun out as he claimed
Sat Jun 29, 2013, 06:21 AM
Jun 2013

it's no wonder Martin was fighting... he was fighting for his life.

http://articles.orlandosentinel.com/2012-05-15/news/os-trayvon-martin-gun-20120513_1_gun-shop-owner-gun-owners-kel-tec

Zimmerman told authorities that during their fight, Trayvon tried to cover Zimmerman's mouth with his hand and tried to pull the handgun away from him.


How did Zimmerman get the gun into his hand while they were rolling around on the ground, fighting? In court, Z writes with his left hand but the police reported the gun was on his right hip. So, Z is either ambidextrous or he has to cross-draw. If he has to cross-draw, that makes getting the gun from the holster, while fighting, even more difficult.

Something just doesn't add up here.
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