As a follow-up to Darleen’s post, let me just add a few additional thoughts. First, what is most troubling to me about all this — outside of the calculated (and as it turns out, dishonest) attempts by the media and even our own President turn a local tragedy into a symbol of supposed racial animus — is that Zimmerman was arrested months later in what I believe is a case of politically-motivated prosecutorial overreach. It is clear that, as the original investigation disclosed, and the original prosecutor’s office found, there had indeed been an altercation prior to the shooting, with Zimmerman apparently on his back, and Martin shot at very close range.
Second, as I said it at the time and I’m going to repeat now: the (second) prosecutor’s “case” — and I don’t care the political party of those who pushed for a special prosecutor’s investigation, it still reeks of a political scapegoating, Republican or no — is based solely on Zimmerman’s having continued to follow Martin, to the extent he did (even if it was only to get a better look at a house number, etc.), after being advised by a dispatch officer to stay put.
Following someone is not a crime. Being followed may be grounds to confront the person following you, but it isn’t grounds for assault, at least not on its face. So unless the prosecution can somehow prove that Zimmerman followed Martin and then presented himself to Martin as a threat, either by initiating a physical altercation or brandishing the gun — and I don’t think there’s anyway in hell they can do so, short of perhaps testimony of Martin’s girlfriend — there is no case here, and Zimmerman was within his rights to defend himself the way he did.
As JHo points out:
Under Florida statute 776.032, GZ could be immune to criminal prosecution.
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force [...]
As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Damages awards against the State could be substantial. Damages to certain political careers, ditto.
There was no “racial profiling” in this case. In fact, we know that NBC edited its audio presentation to suggest a racial component that didn’t exist — and we also know that Zimmerman had once championed the cause of a homeless black man beaten by the son of a police officer. There was no “hunting down a black man for wearing a hoodie” by some “pussy-ass [White Hispanic] cracker.” There was, instead, an unfortunate chain of events that wound up with one man dead and another man bleeding from the head and nose. The fact that Zimmerman was a neighborhood watch captain in a neighborhood that had experienced break-ins provides the context for his concerns.
Trayvon Martin perhaps didn’t know the context. He didn’t know about neighborhood watch, or about the other break-ins. But the original investigators did, and the prosecutor’s office evidently understood the law and understood that they had no case — even for manslaughter — against Zimmerman.
George Zimmerman is a pawn in a political game. At least, that’s what it looks like from my perspective.
That supposedly “conservative” outlets were so quick to side with the race hustlers like Al Sharpton in calling for the arrest of a private citizen whom the local prosecutor’s office, after an investigation, found no cause to arrest, absolutely sickens me. Rather than wait for any additional evidence to emerge, they were quick to legitimate Sharpton’s entire racket, and in so doing became accomplices in what appears to be an attempted political lynching — all so they can lay claim to being “fair” and “rigorous” under the rules of a game controlled entirely by the left and its identity politics enforcement mechanisms.
But then, these “conservative” outlets are so afraid of being tarred with the “racist” brush that they seem ready to surrender every last ideological principle if they believe doing so will keep them viable as a political, Party outlet and mouthpiece.
And that, to me, is what’s “indefensible.”
Somewhere I’ve read “so much for the majesty of the law” in reference to the designed mendacity of the state’s case. I couldn’t agree more. And the political pandering continues in state, right up to the level of the Governor’s office.
I hope that GZ has counsel clever enough to turn his indictment into an indictment of the media, the prosecutor, the race hustlers, the Twits who tweeted the wrong address, the racist losers who issued death threats, and a distant President who proved more enthusiastic about stoking a race war than seeking justice.
And yes — Squid actually did wish for a clever lawyer to manipulate the system. Mark the date.
Republican Governor, Republican Attorney General, and Republican Special Prosecutor.
Yup. Repubs falling all over themselves to prove their racial bona fides.
They’re too stupid and cowardly to realize they’ve already lost.
Lots of that going around on “our” side.
Now, get your ass in line!
My guess is the D.A. could have brought a manslaughter charge against Zimmerman, but felt that he wasn’t likely to overcome reasonable doubt absent a third witness to the altercation.
I am not a lawyer, of course, nor have I stayed at a Holiday Inn Express, but I have watched thousands of hours of police and legal procedurals on TV, so I speak with the authoriteh of pop culture.
I use the legal rule, WWJMD?
It’s a “Law and Order” thing. You wouldn’t understand.
T. Martin wouldn’t have been required to know the context in order to smile, ask why are you following me, laugh when he heard the cause, assure Zimmerman he is on his way back to his Dad’s girlfriends house to watch the game and drink his tea, offer to shake hands and proceed on his way. So, my take? Martin wasn’t taught to socialize with strangers in a manner that wouldn’t get himself killed.
I’m blanking on who JM is/was Jeff. Stopped watching all the L&O’s 5 or 6 years ago.
First and only donation.
Jack McCoy!
d’OH!
Jeff G. says April 20, 2012 at 10:23 am
It’s amazing, and very sad. I’ve read a bunch of comments on this story on conservative blogs and nary a mention of these Republicans that are spearheading this attempted lynching. Blinkered.
I’m more interested in her legal views than her politics.
“Florida Governor Scott names task force for stand your ground review”
Am I the only one who thinks Martin may have been a homophobe?
He only needs a preponderance of the evidence to avoid trial altogether. If they don’t have anything else on him, and they seem to have admitted that they don’t, a jury never sees this.
Maybe he didn’t like Spics.
I really don’t know the answer to this — was Trayvon even carrying Skittles or tea or whatever? It is immaterial to GZ’s guilt or innocence, but I just wondered.
“. . . was Trayvon even carrying Skittles or tea or whatever?”
Evidently, yes, if we take the testimony of the investigator today at his word. He claims the state looked into Martin’s trip to the 7-11, have him on videotape purchasing the items and have seen the sales slips.
That’s the first I’ve heard of that, sdferr.
One of the first things the homicide detectives do is retrace the victim’s steps and in the case of TM, interview the clerk at the 7-11 and view the surveillance tape. I would be interested to see this, but I guess I’ll have to wait for the trial.
Maybe the full hearing from this morning will be posted somewhere leigh and you can hear it then. There was a good deal of new detail making a first public appearance there.
Megyn Kelly is showing highlights. I might watch InSession tonight, if I can stand the cross-talking.
Yoiks:
Zimmerman Bond hearing Transcripts: 1 and 2
George Zimmerman will receive a substantail payout from the Great State of Florida, the exact amount of which will remain undisclosed.
/Carnack
Transcripts! You the man, sdferr!