Wednesday, March 28, 2012

Zimmerman-Martin: A Rush to Judgement

If you are like most of the media and much of the audience, you have already tried this case in the court of public opinion and reached a verdict "guilty whether charged or not". You do not know exactly what happened that night, and other than George Zimmerman, No one does.

The police have collected evidence, including witness statements, and thus far decline to charge. Zimmerman with any crime.

In the absence of factual information, the media and certain biased special interest groups have constructed their own narratives. But these narrative serve their own interests, not the interests of justice. All of these stories are the product of personal bias crossed with personal agenda and vivid imaginations.

No one has all of the facts, but, since everyone seems to have a narrative of what happened between George Zimmerman and Trayvon Martin, I've got my own, constructed without personal agenda from the facts thus far revealed.

On the night of February 26, 2012, George Zimmerman was on patrol. Zimmerman was the captain of the Neighborhood Watch program for his community. [This was not a matter of Zimmerman acting as a self-appointed cop. He was recognized as captain of the Neighborhood Watch program by the local Home Owners Association and the HOA newsletter referred new residents to Zimmerman on security issues] The had been several recent garage break-ins and vehicle burglaries in the neighborhood and Zimmerman was especially alert for suspicious strangers.

Zimmerman saw Trayvon Martin walking along the street. It was late at night, and Martin was a stranger to Zimmerman. Martin was wearing a white hooded sweatshirt (a "hoodie") and his face was hidden. Zimmerman called the non-emergency police line to report a suspicious person. Zimmerman was known to the police operators because he was frequent caller. [I have seen several media references to Zimmerman's calls as "paranoid" and excessive. The number of calls may or may not be indicative of anything since, as captain of the Neighborhood Watch, with residents told to contact him on security issues, he would be the most likely to call police to report any suspicious activity observed in the neighborhood, whether by him or by residents.]

Trayvon Martin had recently been suspended from school in Miami where he lived with his mother and was staying with a friend of his father during the suspension. [there is suggestion that he was staying with his father's fiancee or his father so that his father could help him with his disciplinary issues] Martin had walked to a local convenience store and was returning to his father's fiancee's condo carrying a bag of Skittles and a can of Arizona Iced Tea.

Zimmerman, in his vehicle, followed Martin as he walked down the sidewalk, apparently looking at the cars parked along the curb and talking on his cellphone. [apparently to his girlfriend in Miami] While Zimmerman was on the phone with the police operator, giving them directions to his location, Marin spotted him, stared at him, and started walking towards him. Then he left the sidewalk, following a cut-through that took him to a walkway between the homes. Zimmerman could not follow in his vehicle and left the vehicle to follow Martin, still on the phone to the police operator. While Zimmerman was giving directions to the operator, Martin started running. Zimmerman ran along the walkway that Martin had taken but could not see him. The police operator asked Zimmerman if he was following the subject (Martin) and when Zimmerman said Yes, advised Zimmerman he didn't need to be following Martin. Zimmerman said "OK, he ran" and was returning to his vehicle to wait for police. He confirmed that the operator had his cell phone # and it was agreed that the officers would call him when they arrived for his exact location.[The complete transcript of the conversation between Zimmerman and the police operator contains no indication that Zimmerman confronted Martin at any time. In fact, it suggests that after the operator told him not to follow Martin, Zimmerman said "OK, he ran" indicating that Martin's whereabouts were unknown and Zimmerman was returning to his car to wait for police to arrive. The call terminates at this point.]

At this point, Martin [maybe still on the phone to his girlfriend] stepped from the shadows behind Z and demanded to know why Zimmerman was following him. Zimmerman, surprised, turned quickly. The two exchanged words and then Martin punched Zimmerman in the face, knocking him to the ground. Martin then jumped on top of Zimmerman, punched him several more times and slamming his head into the sidewalk. Zimmerman screamed for help. Several residents heard the screams, one came to investigate, saw Martin on top of Zimmerman, yelled for him to stop and returned to his residence to call 911. Once inside, there was a shot and from the window, the witness saw Martin lying on the ground and Zimmerman getting up. [Another resident called 911 shortly after Martin confronted Zimmerman. On the call, muffled shouts and calls for help can be heard and then a gunshot.]

With every bounce of his head off of the concretes, Zimmerman grew more in fear for his life. Zimmerman was armed with a Kel-Tec PF9, semi-auto pistol. He had a valid permit to carry the weapon concealed. Being in fear for his life, he drew the weapon. Martin saw the gun and grabbed it. Zimmerman fired one shot, striking Martin in the chest and killing him. [The police report says that when recovered, the weapon had a spent case in the chamber and a full magazine. This indicates that the weapon did not cycle as it should have when fired. The only thing that would cause this is something obstructing the movement of the slide and that is consistent with a second person grabbing the gun and attempting to wrest it away]

When the police arrived, the officer asked Zimmerman if he saw what happened. Zimmerman told the officer that he had shot Martin and that he was armed. The officer took Zimmerman's weapon and observed he had grass on his back and was bleeding from his nose and the back of his head. Zimmerman received first aid from paramedics and was then handcuffed and transported to the police station where he was interviewed by detectives for several hours. During the interview, Zimmerman stated that the shooting was in self-defense and all available evidence supported that claim. Per Florida law, there was no probable cause to suspect otherwise so Zimmerman was released.

In his role the Neighborhood Watch, Zimmerman had every right and reason to do everything he did. Leaving his vehicle to follow or pursue a running Martin was questionable judgement, but there is nothing in that act that is illegal or prohibited. Zimmerman did not catch Martin, and did not confront him. Zimmerman did not shoot an innocent, unarmed boy just for being in the wrong place at the wrong time. Zimmerman shot a 17yo muscular football player, large for his size, wearing clothing which hid his face who confronted him from behind and attacked him without warning.

So what is all the national uproar about? Simple. Politics. The States Attorney could have defuse pubic outcry by making a truthful and accurate statement to the press. He chose not to do so and instead made a statement that served his political goals. A little history lesson is in order. When Florida became the first "shall issue" state requiring the issue of concealed weapons permits to anyone who qualified, it undercut the power of local sheriffs and States Attorneys who often decided whether or nto a person got a handgun permit and reserved them as perks for political supporters. They responded by prosecuting law-abiding citizens who used force they didn't agree with in self-defense, citing the common law duty to retreat in the face of threat, and going so far as to prosecute for murder even when retreat was not an option.

Florida's Stand Your Ground law was intended to put a stop to that practice by making it clear that law abiding citizens who were where they had a legal right to be and were not engaged in any illegal activity had no duty to retreat from a forceful confrontation and had the right to meet force with force, including deadly force if reasonably in fear for their life of of serious bodily harm. In other words, if you are attacked, you can fight back to keep from being killed or injured. Some States Attorney's were opposed to this law and looked for ways to undermine it, just as they had tried to undermine the shall issue law.

In the case of George Zimmerman and Trayvon Martin, the States Attorney found a case perfect for his purpose. The apparent victim (but probably actually the assailant) was black. His killer (but more probably his victim) was Hispanic (in some places characterized as "White-hispanic"). Racial tension was high in the community and could get higher if there was a racial incident. A responsible public servant would try to keep the peace and diffuse the situation. The States Attorney could have attempted to do this by truly and accurately telling the press: "We have a suspect, but he has claimed self-defense. In accordance with the requirements of Florida law [not the Stand Your Ground section, but a different section on immunity in cases of self defense]we will conduct a thorough investigation and there will be a hearing to determine if a self-defense claim can be supported. All evidence will be presented to the Grand Jury as required by law. While we can't make an arrest until the investigation is complete, the suspect is cooperating and is not considered a flight risk, so there is no need for an arrest at this time."

Instead, the States Attorney, said, "The Stand Your Ground law does not allow us to make an arrest when a suspect claims self defense. Since we have no evidence other than his version of the events our hand are tied." The reaction was predictable. The Stand Your Ground law as characterized as allowing gun toting vigilantes to shoot anyone they felt threatened by. The States Attorney did nothing to correct this misconception as it served his personal agenda. The SA and the Chief of Police declined to pursue an investigation as the law allowed them to do and instead claimed that the law required the opposite. They worked to create a racial incident to bring public pressure on the legislature to repeal the laws they disagreed with. It was a shameful and unethical act and both the SA and Chief of Police have since resigned.

If it is not too late, there may finally be a chance for a real trial in a fair court, not the intentionally biased court of public opinion.