Trayvon Martin
Who Really Killed Trayvon Martin? (Norman Costa)
This is a perplexing case.
I learned a great deal about the justice system by attending a Moot Court. I put my second wife through law school, and I read some of her assigned material, and even attended some classes.
I read the case book for the Moot Court trial. It was a rape case. The case book had lots of evidence for the guilt of the accused. The case book had lots of evidence for exoneration. Defense and prosecution worked from the same information. The role of opposing attorneys was to get as much of the evidence for their side into the trial, and keep as much of the opposing evidence out.
This is not just an academic exercise. It is what many prosecutors are confronted with. They may feel that there is sufficient evidence to go to trial, though they understand that the defense will use evidence that could get the accused an acquittal. It is not necessarily true that they are absolutely sure "he done it." But they feel they have to go to trial and let the jury decide guilt or innocence.
Angela Corey
Watch the speech of special Florida State prosecutor Angela Corey HERE.
The special Florida State prosecutor, Angela Corey, is charging George Zimmerman with second degree murder, in the shooting death of Trayvon Martin. I don't know, for certain, what her reasoning was. However, it seems to me that she may feel that the circumstances required a prosecution and then let the jury decide.
George Zimmerman
I listened to Zimmerman's current and former attorneys, yesterday. Given that I do not know any of the reliable facts in the matter, his attorneys gave, in my view, a compelling argument for not charging Zimmerman, and suggesting that Trayvon Martin made a mistake, a tragic decision to take on Zimmerman. Barring a different interpretation of the facts, or not yet uncovered or undisclosed evidence to the contrary, there is a reasonable argument for not charging Zimmerman, and viewing Trayvon's death as a terrible misjudgment on his part.
Piers Morgan with Zimmerman Lawyers
Watch Zimmerman's former attorneys speak about the case HERE.
STAND YOUR GROUND
Here's an interesting thought: Both Trayvon Martin and George Zimmerman were standing their ground, each seeing the other as a potential serious threat.
Before the law that granted legal status to standing your ground, case law was clear in many (if not most jurisdictions) that the first obligation of one who is threatened was to flee the scene before any altercation could escalate to the use of serious or deadly force. If you did not flee the scene when you had a clear chance to do so, then you could be liable for the use of force that could result in injury or death.
In a related idea, you cannot booby-trap the door to your property, in a way that would cause serious harm to any potential burglar. The law, for umpteen years, rested on the principle that avoiding, as much as possible, injury to a criminal and a victim was paramount.
Regarding the irresponsible media (especially NBC) and celebrities, I give them no pass. However, I give a pass to Travon Martin's family. Virtually every African American family has first-hand experience with racial profiling, harrassing stops by police, highly disrespectful and gratuitous pulling over their car while travelling, routine illegal use of force and jailing, false charges and convictions, and memories of lynchings.
MAFIA and POLICE
In the late 1970s, possibly the very early 1980s, a black man accidentally walked through the Italian neighborhood of Arthur Avenue in the Bronx, NYC. The neighborhood was centered on the Catholic Church of Our Lady of Mount Carmel. This, and other Italian parishes, were controlled by the Carlo Gambino crime family, part of the Sicilian Mafia in the States. The unfortunate black man was abducted on the street by psychopathic Mafia thugs. He was murdered, and his body strung up on a tree in the nearby park. I got this story, not from the police or media, but from a resident of that time.
During WW2, there was a riot in Harlem, NYC. About 35 to 40 years ago, a retired NYC policeman told me that the official body count of Blacks in the riot was one short. He and other policemen took a black man into the basement of a building and shot him. I think a case could be made that it was the police who rioted.
So, WHO REALLY KILLED TRAYVON MARTIN?
My money is on the Florida State Legislature.
MOOT COURT
BTW: The jury in the Moot Court acquitted the accused rapist. I had read the case book, and watched how the prosecution made two significant blunders. They did not know that they made two mistakes that would be fatal to their prosecution. They missed something that was right in front of their nose, but obvious to me. After the trial, the prosecutors were very upset and furious with the jury who let a rapist go free.
I've had enough experience with lawyers and the justice system, so that I can make the following observation. Before the trial even began the prosecutors stopped being lawyers. Instead, they became emotionally involved crusaders on a mission to deliver justice to someone they believed to be a rapist.
We will all wait to see how the case unfolds. But that will not stop me from speculating about what may have happened.
There is a difference between the scenario in which the two men found themselves. In my opinion, Trayvon Martin is the one who stood his ground against an apparent aggressor with a gun who was following him. Zimmerman had no reason to follow him even if he was suspicious of Trayvon. Neighborhood Watch is just that - "watch." (I was involved in setting up the program in our neighborhood and I have attended several training sessions conducted by the local police department. Carrying a weapon is the biggest no-no during patrol;#2 is accosting a suspicious character even if one is a witness to a crime that is under way)
Some people have wondered if Zimmerman fired in self defense after Trayvon "jumped" him. We don't know. What we do know is what we heard on the 911 exchange with Zimmerman. There was no indication there that Trayvon or anyone else was about to jump Zimmerman. Also, please remember that Zimmerman was inside a vehicle and was clearly asked not to get out and pursue the young man. We may not have heard or seen what actually happened but that phone call gives us a fair idea of what "may have" happened later when Zimmerman refused to give up the chase. Did Trayvon jump on him? Possibly. Most seventeen or eighteen year old males would confront someone who they thought was following them for no apparent reason. It may have even been only a verbal confrontation. Of course, we don't know anything "exactly" because one of the parties involved is dead, but we can make a pretty logical guess as to the scenario that may have unfolded.
Posted by: Ruchira | April 12, 2012 at 05:34 PM
@ Ruchira,
"But that will not stop me from speculating about what may have happened."
And it shouldn't. This is fine as long as people are honest enough, as are you, to characterize their views as speculation. In my writing and correspondence I am careful to say things like, "in my opinion," "in my view," "it is my judgment," "my personal assessment is," etc.
When people characterize their views appropriately, it can lead to some really good exchanges and lots of learning. It makes for a respectful debate and challenges all of us to be clear in our thought process, and lay the groundwork for our conclusions.
I'm glad you mentioned your actual experience with neighborhood watch. That's what all of us need to hear, and why we should be more likely to give greater value to others who have more direct experience and knowledge. Unfortunately, we've both read and heard remarks like, "I wasn't there, but I know what happened, and he's guilty."
The video I linked with the lawyers was not the one of the lawyers extended comments and description of the evidence of which he was aware. I had to settle for second best with the Piers Morgan clip. The one I wanted was the news conference held by the defense attorneys who were withdrawing from the case. I could only find clips of a minute or two covering the announcement of withdrawal. I can't seem to find the complete news conference, or at least an extended version.
If anyone comes across the video, PLEASE LET ME KNOW.
Posted by: Norman Costa | April 12, 2012 at 06:29 PM
Elatia was once again unable to post her comment here. This is what she said:
Posted by: Ruchira | April 12, 2012 at 11:30 PM
@ Elatia,
Would that more people could express their views, honestly and thoughtfully, as you do.
Posted by: Norman Costa | April 12, 2012 at 11:42 PM
To me, the following points really stand out in this mess:
- The Florida law is horrible.
- It's remarkable they needed a month just to decide to charge him. Someone was shot to death, and even this law doesn't say you can skip trials entirely.
- I think this is the black-guy version of pretty-blond-girl kidnapping syndrome. Black youth face many problems in America; being murdered by paranoid neighborhood watch nuts is not among the top two hundred.
- Support for Trayvon started at here at something like 75% and it's down to a plurality. I don't think racism increased markedly in March 2012 - I think it's because no-one likes feeling manipulated. The media shouldn't be trying to engineer people's thoughts so blatantly, and if it must, it shouldn't be so damned stupid about it. Americans aren't so awful that they need to have facts fudged (the altered NBC quote, the 'coon' mixup, the weird 'white hispanic' thing, even to an extent the photo issue) in a case like this.
Posted by: prasad | April 13, 2012 at 08:01 AM
The media have played a horrible role. Indeed most Americans were initially appalled by what was perceived as police negligence in the investigation. But now things have gone a long way from there and not surprisingly, opinions seem to cleave across racial lines somewhat. My own suspicions still stand where they were in the early days after the news broke. I am even unsure if the attempts to correct the situation will necessarily bring "justice" in the case. Several experts think that the affidavit showing probable cause submitted by the prosecution is quite thin. The defense lawyer (a much better man than the two previous ones) thinks Zimmerman has the Florida law on his side.
I wrote this on a friend's Facebook wall last night.
The sad thing is that a young man died under very suspicious circumstances and now his family may never know what actually happened because the police didn't think that the killing of an unarmed young man was worth investigating thoroughly.
Posted by: Ruchira | April 13, 2012 at 01:07 PM