Apr 01 2012
Final Trayvon Martin Post For A While
The scales of justice can move very slow, but then deliberation is a good thing when dealing with highly emotional and tragic situations. When people’s lives are at stake, taking the time to get it right is not a bad thing.
Clearly, the end result in the Tryavon Martin case is going to be one lost life and one ruined life. And almost as clearly, the one at fault is the one who bullishly pushed towards confrontation, dismissing all the off-ramps in front of him to avoid this disaster.
Since my last post we have learned a lot. We have learned (as I suspected early on) that George Zimmerman wanted to be a policeman, and was prone to playing cop (probably for the ego surge it gave him):
Over the years, his scores of calls to police showed he pursued shoplifters and errant drivers with zeal, reporting pit bulls, potholes, children playing in the street, open garage doors and “suspicious” youths – usually black males – loitering in the street.
He peppered his calls with jargon familiar to police. In one case, he chased a reckless driver while calling 911 – the driver later told police he was terrified that Zimmerman was going to attack him. In another case, Zimmerman tailed a supermarket shoplifter until a police officer successfully arrested the thief.
…
However, in December 2008, he applied for a citizens’ police academy with the Seminole Sheriff’s Office. In his application, Zimmerman stressed his background with the law: He wrote that his father is a retired Virginia Supreme Court magistrate judge and his mother worked as a deputy clerk of courts.
Zimmerman never actually became a cop, but apparently he did attack one once.
Sanford neighborhood Crime Watch captain George Zimmerman has previously been arrested in 2005 for suspicion of battery on a law enforcement officer, but the charges were dropped for an unknown reason.
He also had a volatile, quick temper that turned to violence:
“He had a temper and he became a liability,” the man said. “One time this woman was acting a little out of control. She was drunk. George lost his cool and totally overreacted,” he said. “It was weird, because he was such a cool guy, but he got all nuts. He picked her up and threw her. It was pure rage. She twisted her ankle. Everyone was flipping out.”
Connecting the dots here we see a lot of red flags. Violent behavior, a need to be in positions of power. Red flags a Grand Jury will see and ponder for themselves.
I agree with the lead investigator, who wanted Zimmerman arrested, on the charge I first noted he probably was guilty of:
The lead investigator probing the deadly shooting of 17-year-old Trayvon Martin wanted neighborhood watch volunteer George Zimmerman arrested and charged with manslaughter the night of the shooting, ABC News reports.
Investigator Chris Serino of the Sanford, Fla. Police Department wanted the 28-year-old Zimmerman behind bars, but the state Attorney’s Office said there was not enough evidence to lead to a conviction, sources told ABC.
If you want to shut people like Al Sharpton up, then arrest Zimmerman. He’ll get out on bail and he can tyehn prove in a court (not the media) he is innocent.
He’s probably not, because he ignored warnings and opportunities to leave Trayvon alone until police arrived. Instead of sitting back, he went behind buildings – armed – to confront a ‘suspicious’ person. Something he was neither authorized or trained to do.
Now to cover up his misjudgement, Zimmerman has to concoct some tall tales. He has to claim victim-hood here. He tried to say Trayvon attacked him, but it is clear the witness on Trayvon’s cell phone (his girlfriend) has already began to challenge that line. Her testimony was taken weeks ago, before this blew up into a national issue. From what little I found on what the girlfriend has said, it sounds like Zimmerman made contact first:
At a March 20 news conference, Martin family attorney Benjamin Crump says the girl hears someone ask Martin what he was doing and Martin asking why the person was following him. The girl gets the impression that there is an altercation in which the earpiece falls out of Martin’s ear and the connection goes dead, according to Crump.
According to an Orlando Sentinel story later confirmed by Sanford police, Zimmerman tells authorities that after briefly losing track of Martin, the teen approached him. After exchanging words, Zimmerman says, he reached for his cell phone, and then Martin punched him in the nose.
Why reach for the phone (or something else)? Why not follow the kid to his house and be a neighborhood watch person (what I would have done)? Again, all this defies common sense.
The other tall tale that *may* be out there is Zimmerman being the one screaming for help. If this proves to be a falsehood stated by Zimmerman, he is toast:
Tom Owen, forensic consultant for Owen Forensic Services LLC and chair emeritus for the American Board of Recorded Evidence, told the Sentinel that he used voice identification software to rule out Zimmerman.
Zimmerman told police that he screamed for help during his confrontation with Martin, 17. He claims the shooting was self-defense.
Here’s a good assessment on how Zimmerman’s story is starting to fall apart.
It really is time for Zimmerman to be charged and go to court. That is the only way to work this out now. If, has his side claims, Zimmerman can prove his innocence then it is time for him do that and clear this up for Trayvon’s family and everyone else. The police in Sanford need to realize that more violence could come of this if the arrest takes too long.
Previous posts:
As Details Come Out, George Zimmerman’s Claims Crumble
New Wrinkle In Trayvon Martin Killing While Leftwing Nuts Go Crazy
Attempts To Make Trayvon Martin’s Murder A Race Issue Will Destroy Obama’s 2012 Election Chances
Pure speculation alert!!
I heard on a radio program (no evidence or offical reports found yet) that George Zimmerman’s dad, Robert Zimmerman, had contact with the Stanford prosecutor’s office about the night of the incident. That was just before the inverview with him was announced. He seemed pretty adamant in the interview of the course of ‘facts’ involved in the case, some details that could have only been known to Trayvon and George.
My speculation: Robert Zimmerman, a retired judge from Virginia with some serious weigh, called or was called by the prosecutor’s office to influence the decision not to charge his son. Now that the case has gone nationwide, he’s trying to influence the public with his interview. I think the case against George Zimmerman became a case of white wash (no pun intended) that has now become a major case of CYA that is crumbling down as the public pressure continues to increase.
We have a lot more to see the longer this draws out.
AJ, I’m a big fan of your blog and I’m trying to keep an impartial view of this case, desiring to let the authorities to bring this case to justice however your comment here is a bit disconcerting:
“If, has his side claims, Zimmerman can prove his innocence then it is time for him do that and clear this up for Trayvon’s family and everyone else. ”
If he can “prove his innocence”. This is what media and blog-o-sphere has done to justice in this country. No longer are we innocence until proven guilty, but we’re convicted in the court of opinion by blogs and media and therefore have to then prove ourselves innocent before the mob. Sad. Zimmerman may be guilty but let’s not forget that the state has to prove him to be so not the other way around. Keep up the good work though!
Actually, there is at least one witness that Martin was on top of Zimmerman pounding him.
Martin girlfriend is hardly a un-biased witness.
a point of legal procedure that laypeople seem not to be grasping: since this is a potential felony case (even if it’s just manslaughter) then the decision to indict or not indict is going to be up the a Grand Jury, not the DA. The DA’s job now is to gather the evidence and present it to an impaneled Grand Jury, and let them decide what to do with it. I know that’s a bit too “inside baseball” for many, but that’s how the system works. Few people seem to know that Felony suspects that ARE arrested still aren’t formally charged until they’re indicted by a Grand Jury, which normally takes a while. Not sure about other states, but in Texas authorities can hold a suspect in jail for up to 3 months before they have to formally charge him. (Do people get arrested, locked up for 3 months, and then let go with no charges ever filed? Happens every day, and I personally know a few it’s happened to. That’s the dirty underside of the legal system. And you can’t claim “malicious prosecution” if no prosecution ever takes place.)
The reason you see people arrested on felony warrants is that the DA decides that there is a credible reason to believe that there will be a) further offenses or b) the suspect will flee the jurisdiction. Since neither of those seem very likely with Zimmermann, the DA is doing the right thing by patiently waiting for the Grand Jury hearing to play out.
When you understand how the legal system works, you can see why stories about things like Zimmermann’s father influencing the system are nonsensical – the system just doesn’t work that way.
WWS, all you said is mostly true. Unfortunately in most jurisdictions the grand jury system is only a tool of the judge and prosecutor. (certainly that’s not true every where) and if the prosecutor wants the person indicted, he gets indicted (otherwise the grand jury foreman gets replaced for a more friendly(to DA) one. The defendant can offer no defense and only evidence to influence the GJ to indict is presented. So far, it seems to me, that the Grand Jury system in that county must be above board, otherwise Zimmerman would be in jail awaiting a done deal with the Grand Jury. It appears that the DA is likely of the opinion that the Grand Jury will not return a true bill against Zimmerman, so it hasn’t gone to them yet. I also believe as you stated that when it is presented to the GJ, it will be no billed and the case will be dropped (conviction being very unlikely) Beyond a reasonable doubt is, and should be, a high standard.
Media walking back on the Martin case becoming a stampede?
http://justoneminute.typepad.com/main/2012/04/as-the-trayvon-martin-walkbacks-threaten-to-become-a-stampede.html
First NBC has to walk back its 911 call story, and now ABC has to walk back the story of an uninjured Zimmerman.
AJ,
Oh Please, this —
http://www.guardian.co.uk/world/2012/mar/30/trayvon-martin-george-zimmerman-florida?newsfeed=true
>The evidence: leaked CCTV footage from the police station
>when Zimmerman was brought in suggests he was not
>injured. There are no signs of visible injury to his face or
>the back of his head. Likewise there are no obvious traces
>of blood on the front his T-shirt.
Is utter bravo sierra.
See:
MSNBC Concedes Injury To Back Of Zimmerman’s Head Apparent On Police VIdeo
http://www.breitbart.com/Breitbart-TV/2012/03/31/MSNBC-Admits-Zimmerman-Head-Injury
and
New Video of George Zimmerman Arrest Casts Doubt on ABC Report
http://www.breitbart.com/Big-Government/2012/03/30/New-Video-of-George-Zimmerman-Casts-Doubt-on-ABC-Report
The leaked report from the local mortician has stated that Trayvon Martin only sported a gunshot wound. There were no bruises or scratches characteristic of a real close in fist fight on Martin.
This means that it wasn’t a fight.
Given the wounds evident on Zimmerman & Martin, the latter was in the process of beating former, when Zimmerman shot and killed Martin.
Forensics will determine at what range, angle, and number of shots discharged as the investigation goes forward.
If the shot was close, at an angle consistent with a close in struggle, Zimmerman is innocent of the scenario first presented by the Media.
Phil – 351
Your speculation:
>My speculation: Robert Zimmerman, a
>retired judge from Virginia with some
>serious weigh, called or was called by
>the prosecutor’s office to influence the
>decision not to charge his son. Now that
>the case has gone nationwide, he’s
>trying to influence the public with his
interview.
…is wrong.
The senior Zimmerman is a _Virginia Magistrate_.
See:
http://www.abcactionnews.com/dpp/news/crime/zimmerman-dad-worked-as-magistrate
This is what a Virginia Magistrate does:
http://judgepedia.org/index.php/Virginia_Magistrates
The Virginia Magistrates provide an independent, unbiased review of complaints of criminal conduct brought to the office by law enforcement or the general public. Magistrate duties also include issuing various types of processes such as arrest warrants, summonses, bonds, search warrants, subpoenas, and certain civil warrants. Magistrates also conduct bail hearings in instances in which an individual is arrested on a warrant charging him or her with a criminal offense.[1]
Magistrates are not judges and do not carry any of the official weight you seem to be attributing to the elder Zimmerman.
Especially when you are speaking of a State Magistrate.
And just to be more confusing, there are such things as “Federal Magistrate Judges” which are not constitutionally appointed District, Appeals, or Supreme Court judges, but are a limited term & limited power creature solely of the Federal Judicial system.
See:
http://en.wikipedia.org/wiki/United_States_magistrate_judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties. Magistrate judges are authorized by 28 U.S.C. § 631 et seq.
While district judges are nominated by the President and confirmed by the United States Senate for lifetime tenure, magistrate judges are appointed by a majority vote of the federal district judges of a particular district and serve terms of eight years if full-time, or four years if part-time, and may be reappointed. As of March 2009 there are 517 full-time and 42 part-time authorized magistrate judgeships, as well as one position combining magistrate judge and clerk of court.[1]
To more clearly distinguish between magistrate judges and district court judges, magistrate judges, bankruptcy judges, and certain other judges of limited tenure are sometimes referred to as being “Article I judges,” or “Article IV judges in case of United States territorial court,” while district court judges, court of appeals judges, and Supreme Court justices are referred to as “Article III judges.” This distinction stems from the United States Constitution, in which Article III establishes judges who “shall hold their Offices during good Behavior”—i.e., until death, retirement, or elevation to a higher court except in cases of impeachment—and Article I allows Congress to establish courts and judgeships of limited jurisdiction and with fewer privileges, whose decisions are generally appealable to the Article III courts.
Magistrate judges conduct a wide range of judicial proceedings to expedite the disposition of the civil and criminal caseloads of the district courts. Congress set forth the outer limits of a magistrate judge’s authority. However, to achieve maximum flexibility, it left the determination of which duties to assign to magistrate judges to the individual districts.
Occasionally Presidents nominate magistrate judges for district judge vacancies. The Federal Magistrate Judges Association is the professional association for magistrate judges.
The “White-Negro in Office” and his functionaries are using this to drum up racial tension and support for Gun Control measures.
Zimmerman is dead regardless of his guilt or innocence. If he is found innocent, expect the L.A type riots, but in cities across the land. The Left will insure that hatred and tension are a all time levels. The need to “offer him up” to quell tenison will be too great. He is a dead man regardless.
you’re right about how weak a process the Grand Jury has turned into, Redteam, hence the old saying that a good prosecutor can get a grand jury to indict a ham sandwich if he wants. At least we still have real juries. It’s hard to think that this is what the founders had in mind for individual liberties when they set this system up – the Grand Jury was supposed to be one of those things that *protects* individual liberties from overzealous prosecutors, not just another tool in a prosecutors hip pocket.
btw – my very non-pc take on all of this; so a black guy and a mescan* get into a fight, and one of them pulls a gun, and one of them gets shot. That’s news? Happens about 20 times a week around here.
*peruvian, whatever
Good Lord people – recall WHY we have an open judicial system. So due process can be commented on and observed, and also debated and weighed.
Tell you what, if Zimmerman had been charged as he should have been that night NONE of this political-media circus would have arisen.
None.
I am as free as anyone to comment on the case and the strength of evidence on either side.
BTW – the ‘prove his innocence’ quote is from Zimmerman’s lawyer. That is why I pounced on it.
Geez.
Oneal,
No more “white-negro” comments. It is pathetic and childish.
Go someplace else to play race cards.
AJ,
Using the term “White-Negro” is a device of critique of the “Left” with their incendiary “White Latino” classification of Zimmerman. I made this clear on an earlier post. It’s absurd, and thats the whole point!
OL
AJ, the enhanced video – now from ABC – seems to indicate not that Zimmerman concocted the tale, but that he is telling the truth.
http://abcnews.go.com/US/trayvon-martin-case-video-shows-injury-george-zimmermans/story?id=16055412#.T3oA4atSRNt
It’s a tragic situation, no doubt. Any 17-year-old dying is tragic. But right now, the evidence seems to be telling me that Zimmerman shot in self-defense after he was assaulted.
Now, did Zimmerman do stuff to help create the situation? Yes. But following someone isn’t sufficient grounds for being assaulted.
AJ, I can’t even recall when I’ve last disagreed with you, obviously rarely. But I can’t agree with you this time.
As a result of the media’s unethical behavior and reporting and desire to push for racial tensions, we’ve seen edited 9/11 calls, doctored videos now showing the injuries to Zimmerman’s head, and the more reality based pictures of a well-developed 17yr football player, not the 10-12 yr innocent child the family presented. We’re also now seeing the current pictures of Zimmerman, not a several years old picture. Zimmerman is only 24-25.
One has to ask what are the ulterior motives for pushing racial tensions, and encouraging the race baiters Sharpton and Jackson, et al to form a lynch mob. All of this is to benefit Obama. No one else, certainly not the black children killed everyday in the urban centers, only it happens to be black on black crime, not a latino on black. (Again, media deliberately reported Zimmerman as white to “get whitey” when he isn’t, in fact he is a Democrat).
Anyway, I believe this will turn out like the Duke LaCrosse case. But mostly I believe that Zimmerman is innocent until proven guilty, and that is what we should all be thinking.
One must remember Zimmermans presence on a “Public Thoroughfare” is not prohibited.
He had every legal right to be on the street or sidewalk as Martin.
Folks are still rushing to judge this man! Why?
It ultimately comes down to who assaulted or threatened who.
I agree with your proposition that Zimmerman should be hauled into court to prove his innocence. However putting the Zimmerman/Martin affair aside, I have compiled several lists of many others who should as well be made to prove thei innocence. There are many things to be learned from the “man of steel”.
AJ,
You are relying far too much on Mainstream Media reports about the Trayvon-Zimmerman shooting, and not enough on your own common sense.
For instance, it turns out that George Zimmerman, in adition to being a local crime watch, was something of a local “community activist.”
He spent a great deal of time trying to organize the local black community after the son of a Sanford police officer beat a black homeless man on December 4, 2010.
See:
http://dailycaller.com/2012/04/02/zimmerman-family-member-calls-naacp-racists-says-there-will-be-blood-on-your-hands-if-george-is-hurt/?print=1
and See this:
http://www.scribd.com/doc/87688384/Zimmerman-family-member-letter-to-NAACP
This is what the Daily Caller clipped from the Zimmerman family letter:
“Do you know the individual that stepped up when no one else in the black community would?” the family member wrote. “Do you know who spent tireless hours putting flyers on the cars of persons parked in the churches of the black community? Do you know who waited for the church?goers to get out of church so that he could hand them fliers in an attempt to organize the black community against this horrible miscarriage of justice? Do you know who helped organize the City Hall meeting on January 8th, 2011 at Sanford City Hall??”
“That person was GEORGE ZIMMERMAN. Ironic isn’t it?”
“The main point for this letter is to explain to you that the black community has labeled George a racist without any investigation at all,” the letter continued. “Regardless of the fact that George personally spoke to many of your constituents, not one has stepped forward and said, ‘Hey I know that face. That is the Hispanic guy that was standing up for Sherman Ware. That was the only non?black face in the meetings for justice in this case.’”
“You know as well as I do that there are many NAACP followers that recognize George from the Ware case as well as many other good things that he’s done for the black community.”
From http://justoneminute.typepad.com, “As The Trayvon Martin Walkbacks Threaten To Become A Stampede”
ABC, NBC and NYT ALL getting caught in MIS-information, imho. They have all released NEW video or are investigating their own due to WRONG reporting, imho, all the while knowing that the truth just gets its pants on while a lie has circled the world….multiple times in today’s world.
Such BLATANT misreporting is really, really unbelievable….but then again not so much in the corrupt world of so-called journalism of today.
A.J. Strata and others. Why would you form any opinion about Zimmerman, the person, or about the facts of the case based on reporting?
This mess has been a virtual lynching.
Just let it play out, and in the end you may have some basis to express a valid opinion. But, you don’t at this point.