General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsLook, We all hate Zimmerman's actions
But we need to gird ourselves for the possibility that he walks. I have watched the testimony and the commentary fairly closely and it looks like a uphill slope for the prosecution.
To most of us it seems like a open and shut case; a armed guy follows an unarmed kid, and ends up getting in a fight that ends with the unarmed kid dead.
But trials aren't about a rational and deliberate search for the truth. I'm not saying our adversarial system of justice isn't the best system of justice in the world; especially if you have the dough, but it isn't about a rational and deliberate search for the truth.
I have seen it all in civil trials. The defense throws up enough red herrings, straw men, and a plethora of barriers to to the truth until the jury is confused and incapable of rendering what most folks see as the proper verdict when the trial began.
I pray I am wrong. Because if Zimmerman walks , the inferences on why he did will rock this nation.
Cooley Hurd
(26,877 posts)The possibility is there. Couple this with what SCOTUS did regarding Section 4b of the Voting Rights Act, and African-Americans would have every right to be pissed off.
bravenak
(34,648 posts)I was in L.A. During the 92 riots and it was the worst experience. The innocent always suffer the most.
DemocratSinceBirth
(99,710 posts)I don't expect much civil unrest.
But it still sucks if he walks.
bravenak
(34,648 posts)We will need to review our procedures in schools about stranger danger. Trayvon followed the guidelines of what to do if your in danger of abduction or are being followed. I did not work. What will we say to our teenagers? Just do what the stranger tells you? It's sad.
http://childparenting.about.com/od/healthsafety/a/Protecting-Against-Child-Predators-Beyond-Stranger-Danger_2.htm
DemocratSinceBirth
(99,710 posts)What does a parent tell a kid?
Running can almost be as dangerous as standing your ground.
bravenak
(34,648 posts)Run, you look suspicious and get shot. Confront the person, get shot. Hide, they find you , you get shot. Fight back, get shot. A kid just ain't safe in a gated community anymore.
DemocratSinceBirth
(99,710 posts)We can hope that this tragic confluence of circumstances is not duplicated or at the least is very, very rare...
csziggy
(34,136 posts)Zimmerman did not get out of his car until Martin ran, he mumbled "He ran>' more than once after he got out of his car - AFTER he acknowledged the request from the dispatcher not to follow. I think Martin attempts to evade Zimmerman caused a predator response and with his little gun Zimmerman felt invincible.
I don't think it would have mattered what Martin did, Zimmerman would have kept hunting until he found Martin or the cops arrived. At that point, Martin would have still been a "suspicious character" and HE would have likely been arrested. It happened to Dr. Henry Gates on his own front porch FFS - a black teenager with no ID whose parent was incommunicado at the time would have been provide no chances to prove HIS innocence. It doesn't seem as though the residents of that neighborhood know each other very well so they certainly would not know this kid who was just visiting.
No wonder kids today cultivate a veneer of hardness - they have to in order to survive!
Jenoch
(7,720 posts)to a situation in the dark when confronted with someone with a handgun. The likelyhood of getting shot is pretty small, of course depending on the distance. It isn't like the movies.
RebelOne
(30,947 posts)I lived in Miami at a time in the '80s when a white cop killed a black man and the cop walked free. The blacks rioted in the streets of Miami.
DemocratSinceBirth
(99,710 posts)Ninga
(8,275 posts)conclusions.
DemocratSinceBirth
(99,710 posts)Tippy
(4,610 posts)burnodo
(2,017 posts)I think its very possible he'll get off scott free
grok
(550 posts)this pretty comprehensive explanation done by "leatherman", a law professor in favor of a guilty verdict. I may not agree with his conclusions, but his explanation of the law is VERY clear....
http://frederickleatherman.com/2012/07/12/zimmerman-jury-instructions-for-second-degree-murder-and-self-defense/
DemocratSinceBirth
(99,710 posts)And I have seen several former Florida prosecutors and judges explain it like that.
BillyRibs
(787 posts)No, "WE" don't.
WinkyDink
(51,311 posts)DemocratSinceBirth
(99,710 posts).
WinkyDink
(51,311 posts)DemocratSinceBirth
(99,710 posts).
Co-Workers who all have me fuming in Quiet solitude.
GoneOffShore
(17,339 posts)Or is this just a drive by post?
BillyRibs
(787 posts)and are pissing me off to no end.
femmocrat
(28,394 posts)Why are there only 6 jurors? I thought a jury was 12 people.
Suppose the jury deadlocks. Would there be a new trial?
Thank you.
DemocratSinceBirth
(99,710 posts)The 6 juror requirement is a Florida thing.
Travis_0004
(5,417 posts)If the Jury Deadlocks, then the DA has the choice to start a new trial.
If the Jury vote is 5-1, with 5 voting guilty, you can guarantee there will be a new trial.
If they voted 5-1, with 5 voting innocent, then the odds of a new trial would be a lot lower.
B2G
(9,766 posts)The jury is still out on how that happened.
DemocratSinceBirth
(99,710 posts)Unless a person believes that Trayvon just started to beat Zimmerman to death for shit and kicks, in defiance of logic and all the evidence, I don't see how that person can absolve Zimmerman of all culpability.
B2G
(9,766 posts)But did Martin know it that night? My understanding is the gun was in a waisteband holster.
It certainly doesn't stretch the imagination much for Martin to attack first not knowing Zimmerman had a gun.
DemocratSinceBirth
(99,710 posts)But even "tough kids" don't go around beating up random strangers. What's Trayvon's motive? If he was with his friends you could argue he was trying to impress them but he was alone.
B2G
(9,766 posts)Do you read the news at all?
DemocratSinceBirth
(99,710 posts)But can you link all these news accounts of youths acting alone beating up strangers.
Skittles
(153,160 posts)Trayvon feared for his life, and with good reason
Mariana
(14,856 posts)This was the man who'd been following Trayvon in his car, and then chasing Trayvon on foot when Trayvon tried to get away from him. How the hell do you get "random stranger" from that?
DemocratSinceBirth
(99,710 posts)I was responding to another poster. I certainly couldn't find a motive.
Martin's hands had no bruises or evidence of being in a fight. There also was no dna from zimmerman on him. Both of these facts came out in the trial.
I thought you were following this?
If Martin was "raining down blows" on zimmerman as one witness (who had to recant his lie) said, Martin's hands and knuckles would have shown severe bruising from such a fight.
IMHO, zimmerman made that up to cover his ass after killing the kid.
dkf
(37,305 posts)She established that Martin was irritated at being followed. From that point who started the physical confrontation? There is definite room to believe Martin did so because he was annoyed this creepy ass cracker was following him. It's hard to make a judgment beyond a reasonable doubt that either of them threw the first punch.
brush
(53,776 posts)Martin's hands had no bruises or evidence of being in a fight. There also was no dna from zimmerman on him. Both of these facts came out in the trial.
If you ever been in a fist fight you know your hands and knuckles get bruised, scarred and maybe even broken.
Doesn't seem like Martin threw any punches. If so, where are the bruises and zimmerman's dna?
B2G
(9,766 posts)brush
(53,776 posts)You must know this. I'm not the only one who has heard the testimony that his hands were virtually unmarked, showing no evidence of being in a fight.
And also there was no zimmerman dna on his hands, yet zimmy allegedly had the bloody nose and head. Blood is dna.
There was none on Martin's body.
Someone is lying.
B2G
(9,766 posts)I didn't realize the forensic evidence was presented yet...and I've been listening all week. Guess I missed the coroner's testimony. Will go try to find it.
csziggy
(34,136 posts)Indicated on the autopsy diagram on the left hand ring finger as abr 1/4" x 1/8". The right hand had a scar 1" x 1/3" - scar indicates a healed area so that was not fresh. Martin did not have other scars which might indicate a habit of getting into fights. I had more scars on my body by the time I was 17 and I was a girl who never got in a fight!
See page 7 of the autopsy, complete version here: http://i2.cdn.turner.com/cnn/2012/images/05/17/trayvon.martin.autopsy.pdf
dkf
(37,305 posts)"WFTV has learned that the medical examiner found two injuries on Martins body: The fatal gunshot wound and broken skin on his knuckles."
http://www.wftv.com/news/news/local/autopsy-results-show-trayvon-martin-had-injuries-h/nN6gs/
We will get the forensic testimony next week. I think that will clear up a lot.
brush
(53,776 posts)It said Martin had a bruise on one knuckle, not "knuckles", that could be consistent with defending himself. You'd certainly get more than a bruise on one knuckle if you were raining down blows onto someone's head and mouth and nose.
If you ever been in a fist fight you know your hands get battered, maybe cut, from hitting teeth and bone and causing blood to flow.
Yet there was no zimmerman dna on his hands, yet zimmy allegedly had the bloody nose and head. Blood is dna.
There was none on Martin's body.
Someone is lying.
dpibel
(2,831 posts)Why go to a secondary source that misquotes the Medical Examiner when you could correctly quote the ME?
It's easy to find. I bet you've even read it.
It doesn't help your credibility much to pluralize the singular on a point like this.
csziggy
(34,136 posts)Adenoid_Hynkel
(14,093 posts)with D-list celeb status, FOX guest spots, speaking gigs and a reality show.
He'll be the Mark Fuhrman of the 2010s.
Jenoch
(7,720 posts)is similar to the lack of finger prints on a gun used in a crime. There have been cases where the public cries out that there were no fingerprints on the gun, so how could he have used the gun to murder someone? Well, the lack of DNA and bruising could be explained away as well, I suppose. The 'broken' nose (was it broken?) could have happened with a forearm, and Zimmerman claimed that Martin was slamming his head on the sidewalk. None of those actions would necessarily cause bruising to Martin nor would it necessarily transfer DNA.
Little Star
(17,055 posts)more like he was creeped-out and maybe afraid.
dkf
(37,305 posts)That is what confuses me.
Just Saying
(1,799 posts)I do that- finish my call before entering a house.
I don't think he was terrified at that point anyway. And Rachel testified that he said he didn't need to run because he was almost home.
dkf
(37,305 posts)Just Saying
(1,799 posts)And the place he was staying was ahead of him. It's what Rachel testified he said.
dkf
(37,305 posts)And that phone recording.
Little Star
(17,055 posts)no one else at home perhaps he didn't want to lead Zimmerman to the residence.
csziggy
(34,136 posts)It's in another thread: http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3129154
I think Martin went home, but Zimmerman showed up at the end of the block, just past where he was going, and Martin went the other way to avoid a confrontation. The timing works and that accounts for any slack time between the last time Zimmerman saw Martin and when Zimmerman got off the phone with Sanford PD.
I've also read speculation that Martin did not have a key to his father's fiance's house and that her son didn't hear if Martin knocked or rang a doorbell. The kid did not hear the gunshots or any of the sirens for the disturbance at the other end of the block.
dkf
(37,305 posts)When you do read the law it is apparent Zimmerman has a case but to point that out makes you a Zimmerman defender and racist.
To be bashed and reviled for a serious analysis of the facts before you is messed up.
Chan790
(20,176 posts)and it should be an open-and-shut case.
George Zimmerman is textbook for who is supposed to be convicted under the statute as written. It's his defense attorney's job to muddle that and he's doing a good job...but it doesn't change that unless the jury seriously fucks up Zimmerman is dead-to-rights guilty.
dkf
(37,305 posts)I think that is questionable.
Chan790
(20,176 posts)I do believe he will be ultimately convicted. I respect that you're warier of that outcome.
dkf
(37,305 posts)I suspect an all woman jury will work in Zimmerman's favor as men are more likely to think the injuries were minor.
DemocratSinceBirth
(99,710 posts)Or they could think what if Trayvon was their son?
I have seen a lot of discussion of Zimmerman's injuries. At the end of the day the consensus was it's subjective as to whether Zimmerman thought those injuries were consistent with impending death or great bodily harm.
Interestingly Marcia Clark didn't think they were.
dkf
(37,305 posts)For women with no history of violence the idea of being on the ground being punched is appalling and scary. At least it is to me.
I guess it then depends on how well you can see yourself as the mother of Trayvon or as Zimmerman being pummeled.
But the instructions will be to view Zimmerman, not Martin's family.
dpibel
(2,831 posts)The jury will be asked to evaluate Zimmerman's actions not from his point of view. Not from Martin's families point of view.
The standard, as we've discussed before is what a reasonable person would do under those circumstances.
dkf
(37,305 posts)That he was in fear of his life or severe bodily harm.
riverwalker
(8,694 posts)Mixed Martial Arts 3 hour sessions, 3 times a week. Z would be used to being hit. I think Z tried to tackle Trayvon, or grabbed his shirt, did something aggressive. I want to hear more about Trayvons earpiece that fell out while talking to Racheal after he said "why are you following me". Was it a wireless one? One of those wrap around ones, or a tiny ear bud? Was it damaged or bent?
She said she heard him being hit, then wrestling in grass sounds.
davidn3600
(6,342 posts)It's an additional burden on the prosecution that must be met.
So far, the prosecution has not met this burden. They have offered a theory that may very well be correct....but they must prove that beyond a reasonable doubt. They have not.
The only thing that can be proven is that Zimmerman and Martin got into a altercation. Zimmerman somehow got bloodied up, and a gun went off. As of right now, the only proof that can be realistically met is potentially involuntary manslaughter. Not murder. In fact it would not surprise me if the judge lowers the charge before the jury gets the case. Even if she doesn't change the charges, the prosecution would be completely stupid to not include manslaughter as an option for the jury. If they put all their chips in on 2nd degree murder....another Casey Anthony situation is likely.
DemocratSinceBirth
(99,710 posts)It gives the jury an out in the way of a compromise verdict.
NaturalHigh
(12,778 posts)As I understand it, manslaughter is not automatically included as a lesser included offense. Of course, I'm not a lawyer, nor am I familiar with Florida law. I do know that to get a conviction for second degree murder, the state has to prove intent to commit murder.
DemocratSinceBirth
(99,710 posts)Mr. Weiner suggested that the prosecutor might have overcharged to retain the option, should she feel a murder conviction is slipping away, of asking the judge to instruct the jury to consider lesser offenses, like manslaughter.
http://www.nytimes.com/2012/04/12/us/zimmerman-faces-second-degree-murder-charge-in-florida.html?_r=2&
brush
(53,776 posts)he'll be taken care of. Nature kind of has a way of correcting wrongs.
It could be just a car accident, or maybe, irony or all ironies, someone with firearm will take it upon themselves to right an egregious wrong.
One way or another he'll get his.
B2G
(9,766 posts)Vigilantes taking out Zimmerman - good.
Got it.
Nothing new. Recent examples of karma correcting wrongs was the defeat of all the "legitimate rape" repugs in the 2012 election. Stuff happens and then there are corrections
I only gave an imaginary scenario of how zimmerman might get his comeuppance from an armed person. I'm not advocating that but it could be nature's way of taking him out to balance things.
It could be he slips and falls during a storm on wet concrete and hits his head. That would be another bit of irony.
We see what happens to him if he walks. I don't think he will though.
RebelOne
(30,947 posts)The blacks will be rioting in the streets of Miami as they did when a white cop who killed a black man was found innocent. I know as I lived in Miami at the time.
qazplm
(3,626 posts)bad people can and do go on to have absolutely wonderful lives while good people have lives full of pain and suffering.
I don't believe in Karma at all. Great idea, wish it were true (then again, do any of us normal humans really want karma to be true?), but it isn't. Too many counter-examples.
brush
(53,776 posts)The recent repug candidates talking about "legitimate rape." They lost.
Caroline-Vivienne
(117 posts)If Zimmerman gets off...the law needs to be adjusted.
That would be the ONLY saving grace in this nightmare scenario.
Just make sure it never happens again.
alarimer
(16,245 posts)He would never have gotten away with killing a white kid.
Savannahmann
(3,891 posts)First, let me say, I don't agree with this expected outcome. But I do think this is going to be the outcome. Second, let me point out that I have never once posted a single pro gun thread. I am personally absolutely opposed to private ownership of guns.
That being understood, let me explain why I won't be surprised if Zimmerman walks. Because from what I've heard/seen, the Prosecution is doing a fairly weak job so far. Remember it is the DA's job to prove, beyond a reasonable doubt, that the defendant did the action indicated.
Right now, what we are sure of from following the trial, is that there was an altercation, we don't know who started it, who through the first punch, but we know that an altercation of some sort started. Witnesses are a little conflicted, but most of them seem to think that Travon was on top during part/most of this altercation. Self Defense means that the guy shooting was in fear of his life or limb.
At this point, all the defense has to do is show those pictures of Zimmerman's injuries, and put three medical experts on the stand. Number one, a brain injury expert who can testify that the nature of brain injuries is such that having your head banged on the ground is enough to cause temporary or permanent injury or death. Then a doctor to testify about the nature of skull fractures to testify on how easy it is to have your skull broken. From that a small sidetrack into neck injuries, and the second expert is off the stand and the point is made. Final expert, a Psychiatrist who can testify to the fear of such injuries and death that exists instinctively in all of us, and how any reasonable person would feel such fear, and naturally react.
Then all the Prosecution is left with is the image that Zimmerman was out looking for a chance to stop/harass, or even kill a young black man. But by now, the Jury knows the sequence of events, as much as they can be reconstructed.
The Prosecution hasn't shown motive, testimony, emails, text messages, or other documentation to show that Zimmerman was ala Bernie Geotz http://en.wikipedia.org/wiki/Bernhard_Goetz out looking for a chance to take on some thugs.
Remember, it is the prosecutions job to prove a case beyond that Reasonable Doubt standard. Not a shadow of a doubt, but right now, while I disagree, I am experienced enough to know that we haven't assuaged those doubts in the mind of the jury. That is before the Defense puts up their case, and if they don't use those three experts, or something along those lines, I'll be very surprised.
The way to do this is to spend a few minutes imagining you were in the place of the Defense attorney, what kind of case would you put on to prove your assertions? What kind of case would you put on to prove it if you were the Prosecutor, not the exact legal arguments, but the general approach? First, I'd establish motive. I'd use more than the words spoken in a single evening, but the closely examined events of a lifetime. I'd interview his friends, his associates, his coworkers. I'd examine and be able to deduce hidden patterns without news stories that he liked on facebook. Did he only like stories that were Whites defending themselves from Blacks? Did he buy/rent/prefer to watch movies like Die Hard? Was he a big fan of 24 where one guy breaks all the rules in the world to save civilization?
I'd establish motive as an absolute, or as close as an absolute as possible. I'd then talk to people who have been out blasting away at targets with Zimmerman. I'd see if he had delusions of heroics, what kind of targets did he shoot at. What kind of conversations did they have? Were they about how to shoot in a hostage or rescue situation? The self appointed expert of hostage rescue?
You see what I'm saying? The Prosecution hasn't done this so far as I've noticed. I've been too busy to watch the trial blow by blow, but they are starting with the events of that night. That doesn't prove motive. It doesn't show the frame of mind that is alleged to have been the driving force behind Zimmerman's actions.
The Prosecution is trying to make Trayvon a victim, a real person who's life ended, and that event alone demands justice. From the little I've read, the Prosecution has not gone the way I would, which is to point Zimmerman as a nut who saw himself as the next generation of lone heros who ends a horrific crime spree like in Hollywood.
At most, right now, I think we can expect nothing more than the least of the available charges, a variation on Manslaughter, and a very short jail sentence.
OK, start flaming that all of this doesn't matter and they are only pale excuses to allow me to hope for the racist verdict or whatever.
Ninga
(8,275 posts)The prosecution is far from finished.
There is much much more to come.
I would guess that what we have seen so far is about 1/3 of the entire prosecution/defense.
The prosecution called a defense witness this week because they wanted him out of the way and done, and have strategically listed witnesses as a method to build their case.
There is much much more to come.
DemocratSinceBirth
(99,710 posts)Let me preface my remarks by saying I hope he fries but I'm not confident of that outcome.
Beacool
(30,247 posts)I don't think that the prosecution will be able to prove that Zimmerman that night went on patrol intending to kill someone. The burden of proof for second degree murder is much higher than for manslaughter. I don't know if they'll reach that threshold. Their star witness was a wreck and there's a neighbor who seemed quite credible who testified that Trayvon was on top of Zimmerman. Although, I don't think that Zimmerman will walk completely.
My personal opinion is that Zimmerman instigated the confrontation by following Trayvon around. At some point Trayvon must have had enough of it and confronted Zimmerman. A fight ensued which ended with Zimmerman on the ground and and Trayvon on top of him, punching him. At which point Zimmerman shot and killed him. A senseless death that didn't have to happen.
Vattel
(9,289 posts)I hope Zimmerman walks because that is the correct outcome given the evidence. If Martin assaulted Zimmerman just because Zimmerman had been following him, and the struggle that ensued happened roughly like Zimmerman claims it did, then the killing, though tragic, was justifiable homicide under the law. You and I don't know whether the killing was justifiable homicide, but the key point is that the prosecution so far has been unable to show that it was not, and I doubt that they will do so in the remaining part of the trial. So I hope that Zimmerman walks.
MichiganVote
(21,086 posts)And I think he still believes he was/is right which means if he walks, another and another and another person is unsafe.
GeorgeGist
(25,321 posts)DemocratSinceBirth
(99,710 posts)As flawed as our criminal justice system is it's adversarial nature puts a check on the awesome power of the state; especially if you have the dough or you can find a sympathetic but great attorney who will defend you on a sliding scale. They are rare but they do exist.
adric mutelovic
(208 posts)Shocker.
DemocratSinceBirth
(99,710 posts).
DemocratSinceBirth
(99,710 posts).
Hoyt
(54,770 posts)Minorities won't riot, although I would not blame them. They'll just see it as more proof a bigot can shoot a kid and get away with it.
The bigots will buy more guns, push for laxer gun laws, etc.
BainsBane
(53,032 posts)It's their constant state of being.
BainsBane
(53,032 posts)Please?!!!!!!! That's directed not just toward the OP but everyone insistent on litigating every last aspect of the case here on DU. Let the judicial process proceed and see what happens.
stranger81
(2,345 posts)And based on what I've seen of the trial so far, he's almost certainly going to walk. Jury selected and locale of the trial make this almost a slam dunk for the defense, without even lifting a finger.
It's sick, it's sad, it's infuriating. And if and when violence breaks out as a result of the verdict, I can't say I won't sympathize and understand.
This is frankly the kind of shit that has me on the edge of abandoning a 15-year legal career. Jury verdicts almost invariably, in my experience, reflect more about the preexisting biases of the jurors (who were almost certainly picked to sit on the jury because one side or the other is hoping to exploit those biases, not eliminate them from the panel) than they do any of the evidence actually presented in court.
DemocratSinceBirth
(99,710 posts)But I think some folks are a bit rough on the locale. I lived within thirty miles of Sanford for most of my life and sometimes as close as a mile from it. It's no more or less racist than the rest of America.
The problem is the state's best witness, Trayvon, is dead and that allows the defense all kinds of leeway in presenting their case.
Captain Stern
(2,201 posts)This trial is about whether or not Zimmerman's shooting of Martin falls into the category of self-defense under the current laws. That's all it's about. Nothing more, nothing less.
It's not about whether or not there should be more stringent gun control or not, regardless of how strongly one feels about the topic of gun control. If Zimmerman is found guilty it's not a "win" for gun control advocates, and if he's found not guilty, it's not a "win" for the people that are opposing gun control.
It's not about whether or not "stand your ground laws" are good or bad. This trial has nothing to do with that.
It's not about racism in America. There is racism in our country, and most people know it. If Zimmerman is found guilty, there will still be racism in our country. If Zimmerman is found not guilty, there will still be racism in our country.
It just is what it is. When it's all said and done with, six jurors will consider what they've heard and seen, and make a decision (or refuse to make a decision, I guess). They will decide whether or not Zimmerman shot Martin in self defense. That's all they will be deciding. All the other issues will remain the same.