The Zimmerman Verdict

The jury has spoken with a not guilty verdict in the George Zimmerman trial.  It's now the time for the so-called experts to weigh in on the subject.    Let's not forget for a moment that this local shooting in a town in Florida has political implications.  The President of the United States had already commented on the case when it first occurred and later after the verdict was announced.

An interesting comment was made in today's Wall Street Journal by Kenneth Nunn, assistant director of the Criminal Justice Center at the University of Florida's Levin College of Law.  He was quoted as saying, "I think you could make out the case that unconscious racism caused Mr. Zimmerman to profile" Mr. Martin. He went on to add, "But there doesn't seem to be enough there to justify a claim that racial animus was the predicate behind Trayvon Martin's death."

Do you ever wonder like me where a term like 'unconscious racism' came from.  Who is the so-called expert who coined the phrase, and how did it evolve into a theory.  I see talking heads using terms like this and I would love to see someone just one once ask them to not only define the term but question them as to it's factual basis.

Here's my take now on the verdict.  An argument could be made as to whether this case would have even been filed if both parties were of the same race.  Being that it was, the state had a difficult time proving the case that it was murder and not self-defense.  The state's witnesses weren't all that good, and the best independent witnesse placed Mr. Martin on top of Mr. Zimmerman and said it looked like he was punching him.  The medical examiner testified that Zimmerman's injuries were not life threatening, yet you had pictures of him that showed his nose broken and blood streaking down the back of his head.

Pictures tell a thousand words, and that may have been a big reason for the acquittal.

Mr. Zimmerman's legal problems are not over, however.  The Huffington Post reported yesterday that the U.S. Justice Department is reviewing the case to see if any criminal civil rights charges can be filed in the case. 

George Zimmerman - Defendant’s Rights and the Media

On Thursday, June 14, The Daily Breeze (a newspaper here in Southern California) reported that a judge in Orlando, Florida, had ruled that statements made by George Zimmerman to police detectives after he fatally shot Trayvon Martin can be released to the public.  The judge further ruled that the identities of witnesses who had not been identified yet, can stay private.  The article went on to state that both the prosecutors and Zimmerman’s defense attorney had wanted to keep both Zimmerman’s statement and the witnesses identities private.

Additionally, according to the article, the judge said disclosing Zimmerman’s statements to police detectives would not jeopardize his ability to get a fair trial.  Further, the judge ruled that tests given to Zimmerman after the shooting could be released, as well as some crime scene photos and Zimmerman’s recorded telephone calls from jail.

Where do I begin?  The United States Constitution guarantees the accused the right to, among other things, a fair and impartial jury.  This judge’s ruling allows key elements to the case, including Zimmerman’s statement to police, crime scene photographs, and Zimmerman’s recorded telephone calls from jail to be released to the press.  Among other things, this allows the potential jury pool that will sit in judgment of Zimmerman to view  key evidence of the case before it can be argued in court.  Potentially this information can be splashed all over newspapers and be argued by so-called experts on TV talk shows again before a trial even begins.

I note also that the article stated that both the prosecution and the defense attorneys argued against the release of this information.  Ironic that both opposing counsels argued against it but the judge ruled in favor of the news media who wants to have it.  Is it just me that thinks this ruling says that the rights of the news media trumps those of the defendant who is on trial. 

At least the judge ruled against releasing the identities of the witnesses in the case who have not yet been identified.  Can you imagine the circus that would have ensued if he hadn’t?  You would have had news agencies parked out in front of their houses and knocking on their homes or workplaces just to get an exclusive interview.

I am not arguing the guilt or innocence of George Zimmerman here.  That should be done in a court of law with all the evidence presented before a jury of his peers.  What I am saying is that this latest ruling by a Circuit Court judge in Florida troubles me greatly in regards to Mr. Zimmerman chances of getting a fair and impartial jury.

CRIMINAL DEFENSE IN A TRIAL BY PUBLIC OPINION

How do you defend someone in a criminal case that has been played out in the national press for the last two months?  How do you find a jury made up of people who have not been swayed one way or another by the constant attention in this case by the media?   When was the last time you saw the press describe a defendant as a ‘White Hispanic’? How can you get a fair trial for your client when this case has been commented on and analyzed by elected officials, media pundits and group leaders? That’s the task the defense attorneys of defendant George Zimmerman have in the Trayvon Martin case in Florida, and it is very tall one.  The task is made that much more difficult when so many emotional issues are thrown into the mix.

There have been cases throughout history where public opinion has been so inflamed that that the guilt of the accused party was a foregone conclusion, even before the trial began.  For starters, look at the Dreyfus Affair in France and the Atlanta bombing case of Richard Jewel.  In the former, Captain Alfred Dreyfus was convicted of treason for selling military information to the Germans.  He was convicted of treason and sentenced to life imprisonment on Devils Island.  After a number of years in confinement, he was exonerated and reinstated back into the French Army.

In the latter case, Jewel was a security guard at the 1996 Atlanta Olympic Games.  Discovering a bomb at the site, he alerted the police and helped clear the area of people before the bomb exploded.  Even though there was loss of life due to the bomb, he was credited with saving many lives and initially called a hero for his actions.  He later came under suspicion as a possible suspect and although never arrested, had his life ruined by all the media attention.  Another suspect was eventually arrested and convicted, and Jewel was completely exonerated.

I don’t know if George Zimmerman is guilty or innocent of the charges against him.  I do know that here in America, it is every individual’s right to a fair trial before a jury of his peers based on the facts and evidence presented.  I just hope that after all this media attention they can find twelve objective citizens who will decide his fate.

THE TRAYVON MARTIN CASE

Here are my thoughts on the Trayvon Martin case.  This is a case where emotions are running very high, both in the city of Sanford, FL where it happened, and on the national scene.  Political pundits and arm chair experts are constantly commenting on every news leak or story that comes out.  From an outsider investigator’s perspective, here’s what is known.  We have a young 17 year old boy (Trayvon Martin) who is dead from a gunshot wound.  We have a Neighborhood Watch volunteer (George Zimmerman) who claimed he shot him in self-defense.  We have a taped conversation between the shooter and a police dispatcher.  Other than that, it’s mostly conjecture and relaying on news leaks.

Here’s what I think will be important to the case from an investigative standpoint.  If the police did their job, they would have canvassed the neighborhood for witnesses to the shooting.  They would be looking for anyone who saw anything before the shooting, the actual shooting itself, and immediately after the shooting.  The police probably canvassed the area on more than one occasion.  Any eyewitness interviews to the events should have been videoed and tape recorded.  This would go a long way in dispelling any claims of police coercion and also be of assistance if any witnesses subsequently change their story. 

If Zimmerman was knocked to the ground and was subsequently being struck by Martin as some reports are saying, they would be looking for physical evidence of it.  Zimmerman’s clothing would be examined for any evidence of grass stains, dirt or other residue consistent to the ground area where the shooting happened.  Just as important is if there was any evidence of this on his clothing?  Was it on his back, his side etc. 

The press has reported that Zimmerman claimed he was struck in the nose and face and also hit the back of his head when he fell.  If so, they would interview any paramedics that treated him at the scene.  Were there any signs of injury? Photographs should have been taken to show whether there was or wasn’t any injuries that would have been conducive to these claims.  It is important to note that often times swelling and discoloration doesn’t reach its peak until a day or two after an injury.  Subsequent follow-up photos should have been taken.  

One critical piece of this investigation would have been discovered at the autopsy.  What was the trajectory of the bullet when it was fired at the victim? Does it match up with the events as described by the shooter? Was it on an upward trajectory that was conducive with the shooter lying on his back and firing upward or was it at a different angle.  This would be a critical piece of evidence.