Defending People

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Trayvon Martin: Strange Bedfellows

Imag­ine that you are attacked. Some­one punches you, knocks you to the ground, and starts bang­ing your head against the ground.

You are in fear for your life. You use deadly force to defend your­self. You call the police.

The police inter­view you, and you tell them your story. A wit­ness cor­rob­o­rates your story. The police take pic­tures of your injuries, take your fin­ger­prints, swab your hands for gun­shot residue. “We’ll be in touch,” they tell you. “Don’t leave town.”

Your attacker’s par­ents call for your arrest, call­ing it “jus­tice.” Their demand is mul­ti­plied a thou­sand­fold as the igno­rant masses, as well as offi­cials from the NAACP, the Nation of Islam, and the ACLU demand your arrest.

Never mind that some­one has offered a $10,000 reward for your kid­nap­ping (call­ing kid­nap­ping “cap­ture”): when the ACLU calls for your arrest, you have a PR prob­lem. (You might even con­sider tak­ing rodeo clown / con­gress­woman Fred­er­ica Wil­son up on her offer to arrest you for your own safety.)

The mob’s anger is under­stand­able. Given the state of the US crim­i­nal jus­tice sys­tem, if the black guy had shot the white guy, the black guy would be behind bars by now.

Some­times it happens—often it happens—that the police arrest some­one who didn’t com­mit a crime. Even if there is prob­a­ble cause, it screws up the arrestee’s life, costs him lots of money, deprives him of his free­dom for a time or for­ever. There’s gen­er­ally noth­ing the inno­cent arrestee can do about it.

If that is what the mob calls “jus­tice,” I’m against it.

Gov­ern­ment should, as far as pos­si­ble avoid arrest­ing peo­ple if it’s not clear that they’ve com­mit­ted a crime.

Encour­ag­ing the gov­ern­ment to arrest Zim­mer­man doesn’t serve as a protest against the rushed arrest that a black man would likely have suf­fered in the same sit­u­a­tion; instead, by seek­ing to make such treat­ment the norm, it val­i­dates it.

As well as ask­ing our­selves how we would want George Zim­mer­man treated if he had killed our son, we should all be ask­ing our­selves how we would want George Zim­mer­man treated if he were our son. Because Zim­mer­man prob­a­bly doesn’t have another killing in him (most killers don’t), but what we let the gov­ern­ment get away with doing—to say noth­ing of what we encour­age them to do—is what they will do over and over again.

It’d be funny, if it weren’t so sad, see­ing the NAACP and the Nation of Islam (not to men­tion the ACLU) encour­ag­ing the gov­ern­ment to make snap judg­ments and arrest peo­ple with­out a full inves­ti­ga­tion. Hav­ing taken that posi­tion, next time, when it’s a black guy defend­ing him­self against a white guy, they won’t have a lot of room to complain.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

58 Responses to “Trayvon Martin: Strange Bedfellows”

  1. Mike Paar says:

    No one but Zim­mer­man knows what actu­ally occurred and what was said before the scream­ing began and the wit­ness began observ­ing. What we do know is that Mar­tin would be alive and this entire sor­did mess would have eas­ily been avoided if Zim­mer­man hadn’t inter­jected him­self in busi­ness where he didn’t belong. Imag­ine that it’s you who is being fol­lowed and harassed while inno­cently return­ing from a short trip to the store. What many folks don’t under­stand, indeed they can­not even begin to com­pre­hend is hav­ing their every move­ment regarded as sus­pect as many young blacks do. The out­rage isn’t so much at the killer either, but at the ease in which he was allowed to move-on with his life. The out­rage is directed at law enforce­ment. And the lead inves­ti­ga­tor him­self felt charges were in order, but the DA refused to accept them. My feel­ings on this are quite sim­ple. Had the neigh­bor­hood bully not had a gun this encounter would have ended with some­one get­ting a butt whip­ping instead of a young man’s life being snuffed out under ques­tion­able cir­cum­stances. But with Zimmerman’s past his­tory, he was going to kill some­one sooner or later, no doubt about it. He’d have made a good cop, as he wished to be, as he’s typ­i­cal of their mindset.

    • Zim­mer­man may have been the neigh­bor­hood bully (or busy­body, as Cer­novich says), deserv­ing of a beat­ing, and yet not been break­ing any laws.

      So if Mar­tin assaulted him for being a busy­body, no mat­ter how sym­pa­thetic the action Mar­tin was legally in the wrong. Because being a busy­body isn’t being an aggressor.

      I don’t care how much of a badass you (the gen­eral “you,” not you specif­i­cally, Mike) think you are: if you take a swing at some­one, there is a chance that you will wind up dead or maimed.

      So what do we do with all of that? Arrest Zim­mer­man because he seems a loath­somely famil­iar type, even though he’s bro­ken no law?

      • Lets look at the facts that we have avail­able. Zim­mer­man, a loathe­some self-appointed vig­i­lante (his own words betray him “these a**holes always get away with it”) was patrolling his neigh­bor­hood in his van. He exited his van to fol­low Mar­tin on foot. When Zim­mer­man called police about it, he was asked “are you fol­low­ing him.” Zim­mer­man replied “yes… fk*n coon.” I heard it, you heard it… all of Amer­ica heard it. Except for Joe Oliver, Zimmerman’s friend. He claims he heard the word “goon,” a term of endear­ment accord­ing to his 17 year old daugh­ter. At that point Zim­mer­man was told by police dis­patch “that won’t be nec­es­sary.” Zim­mer­man con­tin­ued to fol­low this teenage boy (the deceased). Mar­tin (the deceased) demanded to know of Zim­mer­man “Why are you fol­low­ing me?” We do not know what exactluy occurred right then. We all heard the audio record­ings of Mar­tin cry­ing for help. Wit­nesses at the scene reported that they heard a boy (the deceased) cry­ing for help and then a gun­shot. A teenager is dead and a loathe­some fel­low is arrested. Zim­mer­man claimed his nose was bro­ken, yet there are no pho­tos of his bro­ken nose. He didn’t go to the ER to have it looked at. We next see Zim­mer­man in hand­cuffs at the police sta­tion. You can see his face in the grainy video… his nose doesn’t appear to be bro­ken (I had my nose bro­ken by an errant fast­ball… I bled like a stuck pig and my nose was swollen as big as a pineap­ple. Zimmerman’s wasn’t, there didn not appear to be any blood on the front of his shirt from a bloody nose and he did not seem to be in any phys­i­cal dis­tress). He also claimed his head was banged on the ground, the police gave a cur­sory look but did not seem to be alarmed or even interested.

        You say no one but Zim­mer­man knows what hap­pened. Yet Joe Oliver claims to know what hap­pened… he is claim­ing to be Zimmerman’s friend and he speaks on Zimmerman’s behalf. Yet, in respond­ing to some tough ques­tion­ing by Lawrence O’Donnel, Oliver admit­ted he hadn’t spo­ken to Zim­mer­man since a few weeks prior to the killing; he said he never knew of Zimmerman’s crim­i­nal past; he never knew of Zimmerman’s aspi­ra­tions to become a mem­ber of Law Enforce­ment… for some­one pur­port­ing to be close friends witnh Zim­mer­man, Oliver knows very lit­tle about Zimmerman.

        Zim­mer­man pro­filed Mar­tin, stalked him, and deter­min­ing that this “a**hole” would not get away on his watch, Zim­mer­man pulled out his 9mm and mur­dered Mar­tin. If Mar­tin “took a swing at Zim­mer­man” (which you so eas­ily report as if you were watch­ing the whole grisly event), Mar­tin was stand­ing HIS ground. Not the other way around. Zim­mer­man can­not claim to be act­ing in self-defense if he is the one stalk­ing and pro­vok­ing Mar­tin. If you bait some­body into a fight and in the interim get your a** kicked, you do not have the right to whip out your Glock 9mm and then kill him, claim­ing Stand Your Ground and self-defense. Well, that is unless you live in Florida.

        • Mark Bennett says:

          The return key is your friend, Richard.

          And yes, if you bait some­one into a fight and get your ass kicked (you are allowed to say “ass” here), you may have a right to defend your­self. Self-defense is not avail­able as a defense in Florida if you “ini­tially pro­voke[] the use of force against” your­self, but whether you pro­voked it is a jury ques­tion. Did being a busy­body pro­voke the assault? Maybe. It was clearly a stu­pid thing to do: if he was close enough for Mar­tin to hit him, he was close enough for Mar­tin to take his gun away from him and feed it to him.

          More on Florida’s self-defense law soon, and why the police may have had a legal duty to release Zimmerman.

  2. Jackie Carpenter says:

    Mark,

    I under­stand your stance. My prob­lem with this sit­u­a­tion (other than the obvi­ous that Mar­tin is dead for no appar­ent rea­son — skit­tles, tea and a hoodie in the rain) is the 911 call. It is read­ily appar­ent to me that Zim­mer­man pro­filed Mar­tin. No, I am not say­ing Zim­mer­man is racist. How­ever, he made a snap judg­ment based on appear­ance and, in par­tic­u­lar, cloth­ing. Think about it though. It was rain­ing. Is it unusual to hunch over and pull up a hood on your cloth­ing to shield your­self from the rain? No, of course not. Yet, Zim­mer­man jus­ti­fied in his mind that this kid was sus­pi­cious. What hap­pened next is a vicious cycle that occurs with police offi­cers and black men. Black men see the police look­ing at them and become sus­pi­cious of the inten­tions of the police. Here, Mar­tin was suf­fi­ciently aware of his sur­round­ings to notice that Zim­mer­man was fol­low­ing him, he expressed con­cern and tried to vary his walk­ing speed. In the mean­time, Zim­mer­man was fol­low­ing Mar­tin because, in Zimmerman’s mind, Mar­tin was sus­pi­cious. It’s a vicious cycle.

    All in all, there is a 911 tape where Zim­mer­man is say­ing Mar­tin is sus­pi­cious and says that he is indeed fol­low­ing Mar­tin. Next thing you know Zim­mer­man is shoot­ing and killing Mar­tin sup­pos­edly in self-defense. I can be trite and say the moral of the les­son is: Don’t bring Skit­tles to a gun fight. How­ever, Mar­tin obvi­ously did not use deadly force against Zim­mer­man, if he started a fight, and I remain uncon­vinced that he did. There­fore, Zim­mer­man was unjus­ti­fied in using deadly force against Mar­tin. Notably, if Zim­mer­man was the aggres­sor than how can you claim self-defense or stand your ground when you were in phys­i­cal pur­suit? There is some­thing quite shady about this case, and not just because I am black. I am upset that peo­ple seeme to think my race has some­thing to do with my judg­ment on this case.

    • Maybe Zim­mer­man was the aggres­sor. Maybe not.

      I’m uncon­vinced too, but the grass stains and injuries to the back of ZImmerman’s head would (if true) sug­gest that he didn’t pull a gun on Mar­tin until he was on his back.

      So inves­ti­gate, gather all pos­si­ble evi­dence. If you think you might be able to con­vince a jury, arrest him. Arrest­ing him only to lose the case isn’t going to help anyone.

      • That’s not how the sys­tem works in Florida… And don’t be so quick to call the Masses igno­rant… Some peo­ple who are protest­ing know more than you and more than the reporters about how the sys­tem works in that part of Florida…

        • Mark Bennett says:

          Are we talk­ing about how the sys­tem works or how it ought to work? Because if you want the sys­tem to work badly for every­one so that it seems more fair, I’m opposed.

          • How it is sup­posed to work accord­ing to Florida law.… An arrest should have been made… But the value of the life lost wasn’t worth it.… Have you checked the law? Some of the igno­rant masses, some of whom are licensed attor­neys and crim­i­nal defense attor­neys in Florida, know the law and are protesting.….

            • Mark Bennett says:

              See, you’re talk­ing about how the sys­tem works. I say that Zimmerman’s case has been han­dled as such a case ought, regard­less of the race of the players.

              I’m inter­ested in a criminal-defense lawyer in Florida pub­licly call­ing for Zimmerman’s arrest. Send me a link.

              • You for­get, I prac­ticed crim­i­nal law in Florida… And here is a link to a web­site from a PD’s Office in Florida that dis­cusses what hap­pens when there is an arrest (please note the sec­tion where it describes the judge pass­ing over the case to give the state attor­ney an oppor­tu­nity to inves­ti­gate the charges).

                http://www.pdo1.org/rights.html

      • Alex Bunin says:

        There is now a video released by ABC show­ing Zim­mer­man com­pletely unscathed right after arrest. It lasts for sev­eral min­utes and shows him walk­ing from all sides. It is at the very least, incon­sis­tent with his ver­sion of head injuries, blood, and poten­tially bro­ken nose.I do not think one becomes part of a mob sim­ply by ques­tion­ing the police and prosecution’s actions in this case. Had that not been done, the case would sim­ply have ended with no fur­ther investigation.

    • Mike Paar says:

      Jackie, it’s my expe­ri­ence thus far that you can quickly unmask the racists with regards to this case just by them look­ing for some jus­ti­fi­ca­tion for the killing of Mar­tin. Many believe as did the NOPD offi­cer who posted “Act like a Thug Die like one!” on the inter­net before he was sus­pended and sub­se­quently resigned.

      Very, very few whites can imag­ine how it feels to be con­stantly sub­jected to “dri­ving while black”, and feel­ing as though you’re under house arrest because any­time you step out­side you’re under con­stant sur­veil­lance by law enforce­ment or oth­ers just because of your skin color or the way you dress. For many, what this ulti­mately leads to is an atti­tude of dis­gust. Treat me like a thug and I’m going to act like one. Respect me and I’m going to respect you likewise.

      You come up behind some­one know­ing you are armed and hav­ing the bravado that pack­ing a firearm often gives one, then start to harass, ques­tion, and intim­i­date some­one, then it is you who has pro­voked the con­fronta­tion, and you no longer enjoy the rea­son­able doubt that would oth­er­wise be afforded had you been sim­ply mind­ing your own busi­ness. Regard­less of grass stains or injuries to the back of your head.

      You can’t pick a fight then pull your gun once you begin to lose. This, I believe, goes to the very heart of this case, and is why Zim­mer­man should have been arrested on the spot.

      I KNOW your race has noth­ing what­so­ever to do with your feel­ings about this case. You sim­ply expect Zim­mer­man to be treated the same as he would have been had Mar­tin been a 40-year-old white busi­ness­man attired in a suit and tie and forced to con­front some wanna-be-cop. It’s called jus­tice, plain and simple.

      BTW, I admire your abil­i­ties as an attor­ney tremendously.

      • Mark Bennett says:

        Very, very few whites can imagine…

        Bull­shit. Plain and simple.

        • Ric Moore says:

          How so bull­shit? He said very very few. I think that is rea­son­able. That didn’t have to include you, but from your response to what he said shows he touched a nerve. I’d dwell on that dur­ing your med­i­ta­tions. It’s a cer­tainty that you have no clue what it is like to be under sus­pi­cion 24/7 from the day you were born. Sure, you can make the attempt for empa­thy, but sym­pa­thy that arises from expe­ri­enc­ing the same hurt, would be a very unlikely notion in your case, unless you were openly gay all of your life as a white guy. Only if you have been under parole/probation would you have an inkling of what blacks in Amer­ica have had to put up with dur­ing the last 100+ years. I’m glad that the Black Com­mu­nity is on this case. The cow­ard Zim­mer­man started it, the cow­ard Zim­mer­man fin­ished it with a gun. And that is how it has been for the Black Com­mu­nity for ages. You bet they are not going to just let this be swept under a rug with­out all the facts being pre­sented at bar.

          • Mark Bennett says:

            It’s a con­de­scend­ing discussion-terminator. So’s this: “Only if you have been under parole/probation would you have an inkling of what blacks in Amer­ica have had to put up with dur­ing the last 100+ years.”

            There are more things in heaven and earth than are dreamt of in your phi­los­o­phy, Ric.

      • Mike Paar says:

        I was in no way insin­u­at­ing Mark is a racist. I know he is not and would never sug­gest some­thing so absurd. I was merely point­ing out that many of those who have expressed an opin­ion to me regard­ing this case would quickly reverse their opin­ion if the vic­tim had been a white middle-aged busi­ness­man attired in a suit and tie. THAT should have no bear­ing on one’s opin­ion unless you are a racist.

  3. shg says:

    What’s fas­ci­nat­ing is the amount of infor­ma­tion, mis­in­for­ma­tion, irrel­e­vant infor­ma­tion, and actual thought being put into this case. If only this much effort to fig­ure out “what really hap­pened” hap­pened in every case.

    I’ve gone back and forth on this a few times already, as more infor­ma­tion comes out. The only thing I’m sure of is that if Zim­mer­man didn’t have a gun, Mar­tin would not be dead. While Z may have been in fear for his life (though I’m far from pur­suaded it was objec­tively rea­son­able), there is noth­ing to sug­gest that Mar­tin would have killed him. We could thus have a big dis­cus­sion of right and wrong with one less dead per­son. But then, I’m nei­ther a gun fan nor a Texan/Floridian, so what do I know about when a man needs killin’.

  4. Ric Moore says:

    Just maybe Mar­tin didn’t want some mad man fol­low­ing him home? Bot­tom line, an unarmed young man was killed, and there is no excuse for it. Zim­mer­man was/is a cow­ard hid­ing behind a gun, play­ing at being a cop. Con­vict say­ing, “You want respect? You GIVE respect”. Zim­mer­man will make a lousy inmate, until he gets drug into a shower for a real beat-down or two, to straighten out his per­spec­tives. I’ve seen it hap­pen and what hap­pens next is a bloom­ing mir­a­cle. He’ll wise up and become very respectful.

    He could have said, “Sir! I’m with the local Neigh­bor­hood Watch. Do you live here?”, with a smile and proper atti­tude, and things would not have gone the way they did. Instead he played bad-cop, while dis­re­spect­ing the orders of the dis­patcher to stand down. He would have made a lousy cop. He didn’t respect the voice of a woman, either.

  5. Thomas Stephenson says:

    Unfor­tu­nately for Zim­mer­man, his lawyer seems to be join­ing in on the media cir­cus around the case.

    • Mark Bennett says:

      Isn’t it always so? Some­one should start a blog about lawyers who milk their clients’ high-pub cases for per­sonal pub­lic­ity. Lawyers who dream of being on TV could read it and learn not to make mis­takes like this one.

  6. Larry Standley says:

    Here is an inter­est­ing ling to some inter­est­ing ques­tions (some of which i think are inter­est­ing, oth­ers not so much)

    : http://thinkprogress.org/justice/2012/03/28/454206/trayvon-martin-5-unanswered-questions/?mobile=nc

    The new police video tonight is dis­turb­ing. The D.A. step­ping is dis­turb­ing. All things look larger under a micro­scope, and when major media cov­er­age gets added to the equa­tion — things get com­pli­cated real quick. It sick­ens me how some “non-locals” have inter­jected them­selves into the equa­tion — to me — for atten­tion or power pos­tur­ing sake.

    Bot­tom line: On that night, if the D.A. at this jurisdiction’s Intake had done his / her job and fol­lowed the triage advice of the detec­tive in charge — who was clos­est to the sit­u­a­tion near­est to the time of the alleged event — then the process would have gone as it should. 1) Arrest (based on Inves­ti­gat­ing Officer’s rec­om­men­da­tion / Prob­a­ble cause; 2) G.J. Inves­ti­ga­tion; then if Indicted a pub­lic Trial some­where in THAT juris­dic­tion and no news cam­eras would have arrived in droves. Then, 3) hope­fully a fair and just trial for all per­sons involved could have occurred.

    Now, how­ever — it’s beyond a mess. I am inten­tion­ally stay­ing away from pon­der­ing over this or that account of what allegedly hap­pened on the night in ques­tion (other than my com­ments already made regard­ing the police video released tonight) I leave this up to the Inves­ti­ga­tors, pros­e­cu­tors, defense lawyers, and wit­nesses who know more about the inti­mate details than I and hope­fully an exam­in­ing trial / Grand Jury type inves­ti­ga­tion, at a min­i­mum, at some future date. This night­mare needs to get back on track inside a court­room and off tweets, pan­der­ing, pub­lic­ity, com­mer­cial sell­ing ven­dors. To be fair, I under­stand why it has come to this though – over the lead detective’s wishes, the pros­e­cu­tor work­ing intake refused charges – for fur­ther investigation.

    As a for­mer pros­e­cu­tor hav­ing worked too many intake nights to even remem­ber, If the lead inves­ti­ga­tor told me he had a “dead body case” and could artic­u­late to me suf­fi­cient artic­u­la­ble facts that the offi­cer can swear to under oath that gives him / her rea­son to believe prob­a­ble cause was present to show, some­one didn’t act as a rea­son­able and pru­dent per­son would have – defen­sively – while look­ing at the case from the suspect’s point of view – and the basic ele­ments are present, the case would have been filed and moved on down the line to all the many stages in the sys­tem, with all the system’s safe­guards: Right to a lawyer, Jury trial, Exam­in­ing trial, Indict­ment, con­fronta­tion of any accusers, sub­poena power, ETC. You know, back into a court­room where the Con­sti­tu­tion rules the day – not the media.

    I pre­dict some sort of G.J. type inquiry and no mat­ter what the result is, if indicted, the Defense can ask for a change of venue to Guam. If a no Bill.……God help that County and all peo­ple involved in the spe­cific alle­ga­tions on both sides. It will def­i­nitely take God’s guid­ance to sort this out in a Just man­ner — hopefully.

    Respect­fully submitted,

    Larry Stan­d­ley

  7. Mike Paar says:

    After hav­ing had rested the night with this sub­ject on my mind, I now whole­heart­edly believe the rea­son that Zim­mer­man was not charged is directly related to his father’s pre­vi­ous posi­tion as a judge.

    Think about what your reac­tion would have been the first time you read of this case IF the head­line had read “Retired judge’s son not charged after killing”. The media diverted this into a racial debate all the while down­play­ing what is likely the most obvi­ous point.

    Cor­rupt pros­e­cu­tors are any­thing but the excep­tion. And nowhere in the entire coun­try is this more true than right here in Har­ris and Mont­gomery coun­ties. Every­one in the Hous­ton area has wit­nessed this type of pref­er­en­tial treat­ment so often that it should have been painfully obvi­ous to all from the very beginning.

    • Mark Bennett says:

      It may be both.

      My reac­tion would be the same as it is now: how we treat the least-privileged among us should be improved to match how we treat the most-privileged. Not the other way around.

  8. Victoria Washington says:

    I prac­tice crim­i­nal defense in a major met­ro­pol­i­tan area, not only do I prac­tice crim­i­nal defense, my prac­tice is lim­ited solely to death penalty defense. I am also black, female, gay, and Jew­ish. I am a mother and a grand­mother. I men­tion all the above only so you may know it is through life expe­ri­ence as “the other” that I view the whole Trayvon Mar­tin issue.

    I know what it is like to teach a black male how to nav­i­gate in soci­ety SAFELY. I also know what it is like to try to tell a testos­terone filled teenager to “back down and back away”…knowing that is likely NOT going to hap­pen (regard­less of race). Unfor­tu­nately my grand­son could have been Trayvon because despite the lec­tures and teach­ings, he believes he is still “a man” and he wouldn’t run..even in the face of a gun. I am not blam­ing Trayvon for not leav­ing the sit­u­a­tion, I am under­stand­ing him as a man child want­ing to stand his ground. It cost him his life.

    I also under­stand an arrest means absolutely noth­ing. Noth­ing. If you can’t get a con­vic­tion because of the rush, what was the point of the arrest? There are a lot of fishy things going on with this whole case, bet­ter it play out NOW then after Zimmerman’s arrest. Any defense lawyer on this page can make mince­meat of the state’s case even at this point. Wit­nesses have been on TV pro­vid­ing impeach­ment mate­r­ial; every Tom, Dick, and Harry politi­cian on TV (try to find a fair and impar­tial jury) putting in their 2 cents; boun­ties on the man’s head. I don’t know what jus­tice requires in this case, but I do know what Due Process requires and I don’t think Zimmerman’s going to get it.

    I also think it is true, white peo­ple can­not under­stand what it is like to be a per­son of color in this world. It’s not pos­si­ble. One can empathize, but no you can’t take our jour­ney and claim to under­stand. Per­haps “under­stand” is not the word we should use. It’s like a man telling a woman, “hey I under­stand the pain of labor because I passed a kid­ney stone”…tell your wife that and she will hit you in the head with a skil­let. I’m not sure how many whites were

    We all have our jour­neys with­out try­ing to assign “who suf­fers more” to the jour­ney. Respect it and each other. I don’t know if Trayvon is another Emmet Till or if Zim­mer­man is another Duke Lacrosse. I don’t think jus­tice for either of them is pos­si­ble any­more, no mat­ter what it looks like.

    • Mark Bennett says:

      I think we lost part of your com­ment: “I’m not sure how many whites were…”

      • Victoria Washington says:

        you’re right.…I was going to say I wasn’t sure about how many whites were respon­si­ble for the deaths of black peo­ple, but I do know that the major­ity of black males are killed by other black males and I am more afraid of black men killing my grand­son than a white watchman.

  9. Ava Green says:

    You make a lot of assump­tions (related to inno­cence) as to why some­one like Zim­mer­man should not be arrested, and then you go on to crit­i­cizes assump­tions (related to a guilt) as to why some­one like Zim­mer­man should be arrested. I fail to see the logic. You asks that we assume cer­tain facts to be true, that corroborate’s Zimmerman’s story, this to me is say­ing imag­ine if OJ Simp­son hadn’t killed Nicole, arrest­ing him would infringe on every­ones rights. You then go on to explain why an arrest would be wrong in this sce­nario and how the govt should avoid arrests unless its clear a crime was com­mit­ted, I think most log­i­cal peo­ple would agree with this con­clu­sion. I think what is upset­ting in this case is that there was over­whelm­ing PC to make an arrest, and if not, there was enough PC to con­duct a thor­ough inves­ti­ga­tion to deter­mine if Zim­mer­man had com­mit­ted a crime, was the wit­ness who spoke to Zim­mer­man inter­viewed? Was the wit­ness who stated the police coerced her into chang­ing her story? Did the offi­cers assume that Zim­mer­man was inno­cent with­out inves­ti­gat­ing the crime? I don’t think any­one sup­ported a rushed deci­sion as Zim­mer­man, was free for sev­eral weeks after the facts started to sur­face. I think what is upset­ting to many is not a rushed deci­sion, but this case did not appear to flow through the proper chan­nels as it should have. And in response to your con­cern that rush deci­sions won’t help blacks in the long run, I don’t think blacks have any fear of the same laws apply­ing to them as whites, the Bal­dus study and an in-depth look at our crim­i­nal jus­tice sys­tem shows that sim­ply is not reality.

    • Mark Bennett says:

      Is the para­graph really such a novel concept?

      None of us know what hap­pened there. As a guy who has han­dled sev­eral cases that got media atten­tion, I can tell you that the media get it wrong at least as often as they get it right.

      The law pre­sumes Zim­mer­man inno­cent. The mob pre­sumes him guilty. I side against the mob. As a criminal-defense lawyer, I find that I usu­ally am fight­ing against one mob or another of peo­ple who think that this defen­dant deserves less process than the law allows.

      I agree that there was plenty to start an inves­ti­ga­tion. I haven’t heard any­one in author­ity say that there would have been no inves­ti­ga­tion. But—see my next post—the law required that Zim­mer­man not be arrested unless there was prob­a­ble cause to believe that he hadn’t acted in self-defense.

      I don’t oppose a com­pe­tent and thor­ough inves­ti­ga­tion; I do oppose cry­ing for his arrest, rather than a thor­ough inves­ti­ga­tion, based on what the media says hap­pened. We ought to be call­ing for the stan­dards to be ratch­eted up for every­one, not low­ered for the white guy because a black guy might not have got­ten the same break.

      Peo­ple of a dif­fer­ent race are not the enemy here. The gov­ern­ment is the enemy.

  10. Ava Green says:

    PC for self defense should have been defeated by the 911 tapes which is direct evi­dence that Zim­mer­man decided to chase Trayvon before killing him, despite the fact that 911 oper­a­tors had been called to the scene and were in the process of respond­ing to the call.

  11. Mike Paar says:

    Joe Horn also ignored the 911 oper­a­tor when he mur­dered the two His­panic bur­glars by shoot­ing them in their backs with a shot­gun. At the time, I just chocked that injus­tice up to our DA’s igno­rance along with the stereo­typ­i­cal Hous­ton, Texas red­neck atti­tude that it’s open-season on undoc­u­mented immigrants.

    Joe Horn, and Zim­mer­man, too, had made their minds up to kill and nei­ther of them were going to be dis­suaded by some­one on a phone line. The adren­a­line was flow­ing and some­one was going to die. Though I have always doubted Horn would have cho­sen to mur­der a cou­ple of blond haired teenagers, and I don’t think Zim­mer­man would have killed some­one he didn’t con­sider to be a “coon” (his word, on tape, to the 911 operator).

    FWIW, There have been cases where peo­ple have been charged after dis­obey­ing a direct order from an 911 oper­a­tor and choos­ing to take the law into their own hands. They were prob­a­bly blacks or Mex­i­can though. Easy tar­gets, both in front of a gun as well as behind it…

    • Joe Horn was jus­ti­fied. A felony was being com­mit­ted, and it was shown that the 2 guys he shot, were past crim­i­nals, and, if I am not mis­taken, one of them was an ille­gal alien.

  12. Ava Green says:

    Here is a quote from Police Chief Bill Lee who said there was not enough evi­dence to arrest George Zim­mer­man, who fol­lowed Mar­tin in his SUV and ended up con­fronting the teen before shots were fired.
    “In this case Mr. Zim­mer­man has made the state­ment of self-defense,” Lee said. “Until we can estab­lish prob­a­ble cause to dis­pute that, we don’t have the grounds to arrest him.”

    So in your opin­ion what is needed to estab­lish prob­a­ble cause to dis­pute Zimmerman’s claim of self defense?

    • There was wit­nesses that said Mar­tin had Zim­mer­man on the ground, pound­ing his head on the ground. Zim­mer­man has cuts an abra­sions on the back of his head and face. How can you rule any­thing but self defense?

  13. Ava Green says:

    Or would a chase plus the use of a racial slur f-ing coons be enough? Hypo­thet­i­cally speak­ing. Or do we need more of a smok­ing gun?

  14. Ric Moore says:

    A ques­tion here. If Zim­mer­man was put into hand­cuffs, and hauled in, wasn’t he under arrest?

    • Mark Bennett says:

      Cuffed, stuffed, and taken to the police sta­tion sure looks like an arrest to me.

      Some­one may have decided after that that a mis­take had been made, and that a more thor­ough inves­ti­ga­tion was required to com­ply with the statute.

  15. Ava Green says:

    It’s my under­stand­ing that offi­cers can cuff and detain some­one with­out an arrest. But I’m sure some­one will pro­vide you with an insight­ful con­de­scend­ing response.

  16. The media’s report­ing of this, was total bull. The media ought to be held account­able for what hap­pened. They post a pic­ture of Mar­tin, when he was 12, they fail to show pic­tures of Zimmerman’s head, they fail to tell you about the wit­nesses. AND, they alter the 911 call. They should be called in front ot a judge, and fined like hell, placed in jail and pay a hefty judge­ment to Zimmerman.

  17. well, I saw a video last night, that showed Zim­mer­man with cuts and abra­sions on the back of his head and face, at the time of the inci­dent. Why do you think there was not an arrest? Should he have been fol­low­ing the guy? maybe, maybe not. Was it a crime to fol­low him? I don’t know. Was Mar­tin within his rights to attack Zim­mer­man? Of course not!

    • Randy Stevens says:

      We don’t know that. There are facts that may have tran­spired that would give Mar­tin just cause to do some­thing that pro­duced Zimmerman’s injuries. The sur­pris­ing charge of 2d degree mur­der makes me think maybe those facts occurred, but none of us out here know. Yet.

      • Mark Bennett says:

        We don’t know any­thing. We’ve been fed a real­ity show by the media. We won’t know any­thing before we see the trial, and we might not know any­thing even then.

        • Charles Collins says:

          You are right in that none of us know what is truly fact. the only per­son that knows the whole story is Zim­mer­man. There is con­tra­dict­ing evi­dence, being given to us. I think it is totally wrong of peo­ple like Nancy Grace, giv­ing the story to peo­ple, in the man­ner they are. She is like a tele­vised National Enquirer. I can’t believe she gets the atten­tion she does. I pre­dict that Zim­mer­man will get off.

  18. Ric Moore says:

    It was noted tonight that Florida has a “Sun­shine” law, so that the trial will cer­tainly be a fully tele­vised media cir­cus. While I still think Zim­mer­man was a brain­less cow­ardly bully, he cer­tainly deserves a fair hear­ing and trial. No doubt about that. Florida also has a “con­trib­u­tory neg­li­gence” statute, but it is used only for auto­mo­bile acci­dents. Too bad it couldn’t be used here.

    If Treyvon did turn on his stalker and beat his ass, he’d be assigned a por­tion of the 2nd degree charge, with Zim­mer­man get­ting the rest of the per­cent­age of the charge. Then he’d serve out the time per­cent­age attrib­uted to him. Not a bad notion? I kinda like that. Ric

  19. Charles Collins says:

    Read this, for another point of view. I know you have heard the other side by the National Stir­rer (Nancy Grace) on TV.
    http://nation.foxnews.com/george-zimmerman/2012/04/05/zimmermans-father-speaks-out-hannity

  20. Travon Martin’s was exer­cis­ing his con­sti­tu­tional right to travel. When that right was infringed by George Zim­mer­man the result­ing dead occured. But for the tres­pass on the fun­da­men­tal right to travel the dead would not have occured. If you beieve for one sec­ond that this trial is going to end with­out race being a cor­ner­stone issue you are in a sre­ri­ous state of denial on the state of race rela­tion­ships in this coun­try. All the flash point races are involved. African-American. Ang­los, Jews and His­pan­ics. Many of your com­ments met­nion the NAACP, Nation of Islam etc., how­ever you failed to men­tion the Black Church is in full sup­port of the activ­i­ties in the Black com­mu­nity in sup­port of the Mar­tin Fam­ily and Friends. Ulti­mately this will be adju­di­cated as a Hate Crime.

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