May 19 2012
Since everyone has made up their mind and is closed to new evidence and logic, this post is about useful as tits on a boar hog (one of my Dad’s favorite sayings). But in good conscience I need to point out why the evidence continues to point to a likely guilty verdict in any trial (jury or judge).
Remember that Zimmerman made his statements to police without realizing there was a witness on the phone with Trayvon, so he has put out statements now demonstrably false (assuming all testimony is of equal weight – which it is at this point). He wove a tale of self defense on the spot. The more holes in Zimmerman’s statements, the more credibility he loses while other witnesses gain or stay the same.
So let’s go to the first problem in Zimmerman’s statements – the lost house number:
Zimmerman claims he got out of his vehicle to find a house number to let police know where he saw the allegedly suspicious person, and while returning to his car was knocked down by a punch in the nose and attacked by Martin.
If this is an accurate portrayal of what Zimmerman said, he really is in deep trouble. In the map below we see where people think Zimmerman’s truck was parked (C) when he got out to chase Martin. There are tons of house numbers in view of his truck across the street, and then straight ahead before you go behind and in between the buildings. If Zimmerman did go to point E and then F, he was not looking for house numbers.
The most damning part of the evidence now released is how Zimmerman not only profiled and judged Martin in a split second (and here I do not mean racial profiling, but simply looked at the kid and determined he was a criminal from his clothes and the fact he was in Zimmerman’s neighborhood), but stalked him. An armed man stalking a kid based on fantasies concocted in his head.
An unnamed girl, the one identified by the Martin family attorney as Trayvon’s girlfriend, may be one of the case’s most important witnesses. She told prosecutors that she and Trayvon talked by cellphone on and off as he went to the store that evening.
She said Trayvon told her a white man in a vehicle was watching him. Trayvon started walking, and the call cut off, she said. When she called back, “he said this man is still following him.”
The girl said Trayvon started running, “and then he said he lost him [Zimmerman],” she said, adding that the teen’s “voice kind of changed … I could tell he was scared. And in a couple minutes, he said a man’s following him again.”
She said Trayvon asked, “Why are you following me for?” and a man’s voice said, “What are you doing around here?” Then she heard a noise, and the call cut off.
This does not fit Zimmerman’s statements whatsoever. Martin is scared and running from a man stalking him. He even loses him. But Zimmerman’s hunt for house numbers apparently took him far afield. Also note how Zimmerman is not ambushed. Martin tells his friend on the phone how the guy keeps coming TOWARDS him.
And this is where Zimmerman loses the right to self defense and becomes a reckless fool with a gun. The Florida ‘stand your ground law’ has some very interesting exceptions:
While the law also states that the defense “is not available to a person who initially provokes the use of force against himself,” there are 2 exceptions. First, if:
“in good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.”
The law does not allow someone to instigate an altercation, start to lose the altercation and then claim self defense. But moreover, it clearly states anyone wishing to withdraw has to be allowed to do so. The section I emphasized applies to Martin and Zimmerman equally. When Martin ran from Zimmerman and tried to lose him, it is clear he doing all he can to withdraw.
People naively think Zimmerman has all the rights to self defense here.
Martin has every right to be where he was:
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force or herself or another or to prevent the commission of a forcible felony.
This is where Zimmerman crossed the line (many times over). He thought he could confront Martin with the threat or use of force. He cannot. He was reckless and got into a fight because he was reckless. Without Zimmerman there is not death.
Apparently there are witnesses the bolster the idea Zimmerman went gunning for Trayvon:
According to ABC News, the woman, only identified as witness 5, told investigators “I do honestly feel that he (Zimmerman) intended for this kid (Martin) to die… If you’re in self defense, shoot him in the leg. He’s a 17 year old, scrawny little kid. You get into a physical fight with him… I think the kid was running for help.”
He said Zimmerman was, “…more like, talking like he was having a hard time, looked like he just got his butt whipped… not like he was in shock, not like, ‘I can’t believe I just shot someone,’ but like, ‘Just ell my wife I just shot someone,’ like it was nothing.”
I too have had a real problem with where the shot was aimed. A shot to the leg or arm would be enough.
Finally, the small scrapes on Travyon’s knuckle (or knuckles depending on the story) cannot be from Zimmerman’s nose. More than likely Trayvon missed once or twice (I assume Zimmerman dodged his head) and hit the pavement behind him. Or he could have slipped if he was pushing Zimmerman’s head on the pavement. But the only way to rip knuckles is on teeth, and Zimmerman did not have any fat lip, etc.
And to the THC – forget about it. It makes people mellow. All the crap written about that aspect of this is just that – crap. It is no more a factor than a beer drank the day before.