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George Zimmerman Is Destined for a Hung Jury
The Daily Beast ^ | April 21, 2012 | Mansfield Frazier

Posted on 04/21/2012 3:29:09 PM PDT by 2ndDivisionVet

Not only will it be impossible to find a jury without preconceived opinions in the Trayvon Martin case—it will be impossible to find one that will convict, says Mansfield Frazier.

An editor I used to work for had a favorite saying: “Predicting the future is usually as easy as stating the obvious.” In the upcoming trial of George Zimmerman, the “obvious” is this: there’s little, if any, chance to avoid not only a mistrial, but a series of them if the state continues to reindict him, which it has the right to do and no doubt will, but with the same result over and over again.

At some point in the future, after endless retrials, it will seem as if this case—like the racial discord that will cause it to hang around our nation's collective neck like an albatross—has always been a part of American life, like Mount Rushmore, the Liberty Bell, or the Washington Monument.

The problem for the Florida legal system is that at this juncture, the case really isn’t about points of guilt or innocence that a jury can make reasoned decisions on. The case has become a referendum on the Stand Your Ground law and, more importantly, a referendum on the thorny issue of race in America. How to bridge the chasm that divides the races in America (which, amazingly, seems to both widen and narrow at the same instant in this country) is not only a question we don’t have the answer to, it’s a question we don’t even like to ask.

However, the case at hand is forcing our hand—it quite simply won’t allow us to duck the issue of race, at least for a while. Whether this is a good or bad thing is yet to be seen. Will this forced confrontation of racial attitudes help to solve our national problem, or will it only be made worse?

Voir dire is the process whereby attorneys from both sides get to ask potential jurors questions. Under Florida law six jurors (not 12) will hear the case against Zimmerman. In the state’s code of criminal procedure, the section that outlines the “grounds for challenge to individual jurors for cause” (Section 913.03) is the longest and most detailed by far, and for good reason. All criminal-defense lawyers (and prosecutors, as well) know cases can be won or lost during jury selection. In addition to striking a juror for “cause,” each side has six “preemptory” challenges, which means a potential juror can be dismissed without a reason being given. After Jim Crow laws were abolished, these preemptory challenges were the tool used to keep blacks off of juries.

But all-white juries are a thing of the not-too-distant past, and there’s no way to impanel a jury in the case at hand that doesn’t have at least one or two blacks on it. And with Florida’s liberal use of cameras in courtrooms (unless the judge rules them out in this case or instructs that the jury not be shown), everyone in the country is going to know who is sitting on the jury, and therein lies the rub.

The facts of this case, no matter if they are for or against Zimmerman, ultimately will have very little to do with the outcome. Jurors, when it comes to voting on guilt or innocence, are most likely going to break down along racial lines. Try as they might to be good citizens and follow the instructions of the judge to put their personal feelings aside and make a decision based only on the facts of the case, the odds are that they will deadlock. This is not to say they are weak people; rather, it indicates how strongly race factors into decisions in American life, and it’s hard to see how this case will be an exception. Jurors are not superhuman.

Because of this, no matter how many times the state puts Zimmerman on trial, the outcome will probably be the same: a hung jury. Few, if any, whites in the South are going to want to be forever known as a member of a jury that voted to convict Zimmerman, and conversely, no black is going to care to be known as the person who voted to acquit him. It’s a recipe for deadlock.

Talk is already circulating of a change of venue, but a change to where? The moon? There’s no place in the country where potential jurors haven’t heard about the case, and most folks (black and white, rightly or wrongly) have already formed opinions that by now are virtually intractable.

Besides, the cult of celebrity worship that’s developed in this country virtually assures that the good folks in the state of Florida, who are about to participate in what promises to be the most high-profile court case of the century so far—perhaps even eclipsing the Casey Anthony trial—are not about to let their shot at fame (and a potential book deal somewhere down the line) slip through their fingers. There will be no change of venue—bet on it.

This trial will afford us the opportunity, albeit by way of force, to deal with the skeleton of race that’s been hanging in the national closet for centuries. How well or badly we use it is really up to us.


TOPICS: Crime/Corruption; Editorial; Government; Politics/Elections; US: Florida
KEYWORDS: florida; georgezimmerman; lmm; mgeorgezimmerman; trayvonmartin; zimmerman
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To: 2ndDivisionVet

Let me tell you a short story.

We went over to South Africa for the UN’s Sustainabilty Conference in 2003. The economists were let loose to poll the shantytown residents. They asked the citizens there what they wanted most. Here’s the result:

1. Private property.

2. The rule of law - contracts.

This freaked out the eco-fascists and the poll was only published in a Brit newspaper and other obscure sources.

My thought is to trade America-hating African-Americans one-for-one with Shantytown entreprenuers.

We send afro-American haters to South Africa for all the South Africans that want to immigrate to America.


51 posted on 04/21/2012 4:50:01 PM PDT by sergeantdave
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To: spacejunkie2001
I personally think it won’t even get to trial. They have NO evidence and it was really revealed at the bond hearing.

Yep, I watched the entire hearing and certainly agree that it should not go to trial but I believe it will.

Lots of political pressure from $harpton, Jack$on et al.

52 posted on 04/21/2012 4:51:56 PM PDT by Graybeard58 (Romney vs. Obama? One of them has to lose, rejoice in that fact, whichever it is.)
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To: Hugin
Unless the Special Prosecutor unveils some yet undisclosed evidence, I think there is an excellent chance the judge will direct a not guilty verdict before a jury is ever picked.

Exactly my thinking.

53 posted on 04/21/2012 5:09:58 PM PDT by upchuck (Need is not an acceptable lifestyle choice; dependent is not a career. ~ Dr. Tim Nerenz)
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To: nickcarraway
By Florida law there will be 6 jurors.

There are plenty of liberal whites who agree 100% with everything said on MSNBC. A jury with 3 black jurors and 3 white liberals could find Zimmerman guilty based on what they have heard on TV.

54 posted on 04/21/2012 5:16:56 PM PDT by Verginius Rufus
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To: Sola Veritas
A proper judge (but courageous as well) would simply toss the case because there is no probable cause shown by the affidavit alleging a crime.

Don't count on it. The white Judge stepped aside and the replacement is (I think) black . . .

55 posted on 04/21/2012 5:26:54 PM PDT by Petruchio (I Think . . . Therefor I FReep.)
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To: Petruchio; All

“The white Judge stepped aside and the replacement is (I think) black . . .”

A “black” Judge would be the most likely to get away with tossing the case based upon the law. He/she would be ostracized, but probably wouldn’t be threatened.

This is a sad state of affairs when a criminal case is prosecuted based upon entirely upon “emotion” with no regard for proper legal procedure.

I do suspect that should, and God forbid, they could get a conviction, that an appeals court would throw out the case based upon improper evidence, etc. When Alan Derschowitz screams the case is an immoral case of prosecution misconduct (a flaming liberal), then something is terribly wrong.


56 posted on 04/21/2012 5:34:12 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: TigersEye

Angela Corey should be left alone, because the decision to charge George Zimmerman with second degree murder was foisted upon her from above. She did what she was told to do. The state of Florida knows that Zimmerman acted in self-defense, thus the charge of second degree murder. That charge either sticks if the state of Florida can prove that to a jury, or....Zimmerman either gets a involuntary manslaughter charge or goes free. Ms. Corey, weak as she was, just pulled an Obama, and kicked the can down the road. So.....hung juries, here we come!!!

It is even worse that the Obama media and the Black Racist thugs have convicted Geroge Zimmerman without a trail. The Zimmerman defense will hammer this fact home and keep pointing to the real injuries head injuries to Zimmerman, inflicted by Gangsta, thug Trayvon Martin. IMHO, this case is a loser for the Obama media, Black racist thugs and, of course, Barack Hussein Obama.

Remember, the TV show, Dragnet, with Joe Friday. “Just the facts, madame, just the facts”!!! Have you noticed that Sharpton and Jackson are nowhere to be found at the recent bail hearing. Actions speak louder then words. And....Obama keeps his yap shut, not uttering a word!!! Go Figure.


57 posted on 04/21/2012 5:47:38 PM PDT by JLAGRAYFOX (My only objective is defeat and destroy Obama & his Democrat Party, political ly!!!)
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To: nickcarraway
Everyone involved will be pressured into making sure he is guilty.

Zimmermam will be found Not Guilty.

58 posted on 04/21/2012 5:53:03 PM PDT by Doe Eyes
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To: DemforBush
I’ve been going on the assumption that a civil suit would have immediately followed any acquittal or dismissal of charges. Interesting.

That was the WHOLE point of these types of laws across the US - to prevent cops and prosecutors from throwing innocent people who had just saved themselves from a violent assault into the meat-grinder of the court system, on nothing more than the theory of "let the courts sort it out."

The prior "duty to retreat" created a huge legal grey area, where you would have to determine if someone who defended themselves had the ability and means to retreat from the confrontation. And huge legal grey areas mean huge legal fees.

It may turn out to be very unfortunate that the law wasn't strong enough to protect George Zimmerman under this kind of withering onslaught of lies, race hustlers, and ginned-up outrage.

59 posted on 04/21/2012 5:55:40 PM PDT by mvpel (Michael Pelletier)
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To: JLAGRAYFOX
Angela Corey should be left alone, because the decision to charge George Zimmerman with second degree murder was foisted upon her from above.

Bull puckey! Angela Corey should be investigated.

Zimmerman prosecutor under fire (CNN video)

60 posted on 04/21/2012 6:06:19 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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All contributions are for the Current Quarter Expenses.



Click the link. The Republic you save may be your own.

61 posted on 04/21/2012 6:12:28 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93)
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To: 2ndDivisionVet

Get ready for the Amish to throw a real snot-slinger.


62 posted on 04/21/2012 6:24:32 PM PDT by elkfersupper ( Member of the Original Defiant Class)
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To: 2ndDivisionVet
The last column this gutless wonder wrote suggested that Zimmerman ought to just enter a plea and go to prison for ten years . . . to avoid the inevitable race riots if he were acquitted.

Since he composed what amounted to an extortion note, I've made the decision not to listen to or believe anything else the man says. He has demonstrated that he has no morals and no brains.

"Now Caiaphas was he, which gave counsel to the Jews, that it was expedient that one man should die for the people."

63 posted on 04/21/2012 6:26:12 PM PDT by AnAmericanMother (Ministrix of ye Chasse, TTGS Ladies' Auxiliary (recess appointment))
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To: nickcarraway

Seemed like a veiled threat of violence against white jury members if they fail to convict George’s skin to the liking of the racist mob.

The judge should probably gag some of the racist violence inciters starting with the Martins and their attorney. The President and Holder are responsible for letting the racist idiots go this far.

Whoever in the Nation of Islam is responsible for putting a bounty on Zimmerman’s head and calling for racial violence against whites (which has been carried out by black racists dozens of times now in the name of Trayvon) before he was arrested should be dealt with in the justice system. They have violated the civil rights of a lot of people. Obama and Mooochelle are personally responsible for anyone harmed as a result of this communist political game aimed at disarming Americans.


64 posted on 04/21/2012 6:31:41 PM PDT by SaraJohnson
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To: TigersEye
I thought the opportunity for the case to be dismissed was at the hearing they just had. Is there still a possibility that the judge could dismiss the case before it goes to trial?

I think this was only a bail hearing.

I've read that under Florida's stand your ground law, Zimmerman is entitled to another hearing before a judge (no jury yet), who will decide if the case should be dismissed on SYG grounds.

If Zimmerman loses in that hearing, he then gets another chance with a trial before a jury. That's my understanding anyway.

65 posted on 04/21/2012 6:31:58 PM PDT by shhrubbery! (NIH!)
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To: shhrubbery!

I imagine that you’re right. I don’t really know how court proceedings usually go. It seems strange that they would have a bail hearing first when there is the possibility the case could be dismissed. That’s sort of a waste of time and an imposition on the accused when a decision to dismiss would obviate the need for a bail hearing.


66 posted on 04/21/2012 6:38:04 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: spacejunkie2001
Someone told me today that there are posts that indicate Travon was not your average choir boy. It would seem that before creating a martyr from a tragic situation, everything needs to be put on the table. I was also told that the so called “gated community” was not in an affluent area and that crime was rampant in the vicinity. There are so many criminal cases that go unnoticed by the media. . .why this one should be taking up so much airtime and creating such division in the country seems almost criminal.
67 posted on 04/21/2012 6:38:04 PM PDT by Maudeen (Proverbs 3:5-6)
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To: 2ndDivisionVet

For some time I have been predicting a hung jury.


68 posted on 04/21/2012 6:49:02 PM PDT by doug from upland (Just in case, it has been reserved: www.TheBitchIsBack2012.com)
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To: 2ndDivisionVet
(Article)
Because of this, no matter how many times the state puts Zimmerman on trial, the outcome will probably be the same: a hung jury. Few, if any, whites in the South are going to want to be forever known as a member of a jury that voted to convict Zimmerman, and conversely, no black is going to care to be known as the person who voted to acquit him. It’s a recipe for deadlock.

Talk is already circulating of a change of venue, but a change to where? The moon? There’s no place in the country where potential jurors haven’t heard about the case, and most folks (black and white, rightly or wrongly) have already formed opinions that by now are virtually intractable.

Get a load of this guy. It's interesting, in a forensically fascinating and simultaneously repugnant sort of way, to see that this 'Rat troll thinks is reason and thought.

It's more like a warm souffle' exploding against a kitchen wall.

69 posted on 04/21/2012 6:52:52 PM PDT by lentulusgracchus
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To: 2ndDivisionVet

70 posted on 04/21/2012 6:54:22 PM PDT by doug from upland (Just in case, it has been reserved: www.TheBitchIsBack2012.com)
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To: Maudeen
It would seem that before creating a martyr from a tragic situation, everything needs to be put on the table.

Oh, hell, no, FRiend! And spoil the _Resident's political race-drama?

< / smoking sarc >

71 posted on 04/21/2012 6:59:00 PM PDT by lentulusgracchus
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To: doug from upland
For some time I have been predicting a hung jury.

If they're white, the New Black Panthers will hang 'em. Unless they vote to throw Zimmermann to the wolves.

72 posted on 04/21/2012 7:01:05 PM PDT by lentulusgracchus
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To: sergeantdave
We send afro-American haters to South Africa for all the South Africans that want to immigrate to America.

The Boers will promptly accuse us of genocide against them.

Better idea: Trade the ghetto welfarists for the Boers, twenty-for-one.

Then send the rest of them to Senegal and Sierra Leone and Liberia, to jerk those places up straight.

73 posted on 04/21/2012 7:08:44 PM PDT by lentulusgracchus
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To: JLAGRAYFOX
IMHO, this case is a loser for the Obama media, Black racist thugs and, of course, Barack Hussein Obama.

If he can't get a directed guilty verdict, Obama might go to a Plan "B", of "pardoning" GZ (i.e. offer him something less than complete acquittal) and pressure him to take it, thereby blackening himself. That would be my guess.

If that doesn't work, the _Resident will go to Plan "C", sounding grace notes all over the place and playing Mr. Oil-on-Water and seeking credit for having staged a Super Beer Summit. But that's only as a last, capitulatory resort, if GZ is fully acquitted or no-billed or his case is dismissed, and there is no chance of getting GZ to admit fault -- and the threat of riots becomes too real, and too much a palpable liability to _Resident, to try to slip past any longer.

74 posted on 04/21/2012 7:16:00 PM PDT by lentulusgracchus
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To: 2ndDivisionVet

Before there is any trial there will be a motion to dismiss based on the SYG law providing for IMMUNITY from prosecution for valid self-defense. The same law provides for immunity from civil liability as well.

The depths of idiocy in this article begs for a lawsuit for racial incitement to riot by a writer without a clue.

The arrest affidavit is clinging by a thread - wait til the motion to dismiss. We do have law here in FL that judges must follow.

If Mr. Z can establish he was reasonably in fear of grievous bodily injury or death the judge will dismiss all charges at the hearing.

Motions to dismiss on SYG have been successfully done on paper (exhibits, affidavits, depositions, etc.) or with paper and actual live testimony.

The judge is both the trier of fact and law. Unique for pre-trial motions. Usually if there is question of fact you have to go to trial to establish that.

If the motion to dismiss fails its a toss up as to whether you go to trial or appeal the failure to dismiss. As the Peterson case established on appeal the law provides for an actual IMMUNITY - not just an affirmative defense.

Please note that Zimmerman need only establish his self-defense actions by a preponderance of the evidence - more likely than not (50% + 1) that he feared for his life or serious bodily injury.

That this is unknown to many at this point is truly astounding. Gang bangers having it out with rival gangs have gotten off in late night shoot outs with each other on self-defense grounds.

The only consideration here is to what extent the MSM and race baiters can threaten the area/nation with chaos and rioting if charges are dismissed. That threat is really the only real question here. Trust me. ;-)


75 posted on 04/21/2012 7:25:59 PM PDT by Tunehead54 (Nothing funny here ;-)
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To: 2ndDivisionVet

I don’t think “Stand your ground” applies. According to Zimmerman, Martin was on top bounding his head on the sidewalk. That’s straight “Self Defense” anywhere in the country.


76 posted on 04/21/2012 7:34:09 PM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: Magic Fingers

“All white jury and he has a chance for a fair trial...”

Ditto with an all-Hispanic jury.

It’s a forgone conclusion, not guilty / hung jury with some of Holders people. Let the fireworks begin.


77 posted on 04/21/2012 7:46:16 PM PDT by DAC21
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To: TigersEye

GZ is presumed innocent. He is entitled to a bond hearing. Are you suggesting he simply rot in jail while it all gets sorted out? Read also about habeas corpus.


78 posted on 04/21/2012 7:53:02 PM PDT by ironman
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To: ironman

No, I was suggesting the opposite. That the hearing that would lead to a dismissal should come before the bond hearing. That way he would spend less time in jail.


79 posted on 04/21/2012 8:03:38 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: 2ndDivisionVet
Students watch the OJ verdict:


80 posted on 04/21/2012 8:07:45 PM PDT by Lancey Howard
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To: Lancey Howard

Filed in the same mental folder as the pics of Palestinians dancing in the streets after 9-11.


81 posted on 04/21/2012 8:13:52 PM PDT by AnTiw1
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To: Little Ray

Facts mean nothing in this case, Ray.


82 posted on 04/21/2012 8:56:33 PM PDT by Kenny Bunk (So, Scalia, Alito, Thomas, and Roberts can't figure out if Obama is a Natural Born Citizen?)
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To: 2ndDivisionVet
Not likely, it'll probably just be a bunch of white people. (going to hell, I know)
83 posted on 04/21/2012 9:00:10 PM PDT by CodeToad (If it ain't Newt, we're screwt !)
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To: DAC21

If Obama were smart, he’d simply act righteously. He would declare GZ not only not guilty, but innocent, reward him, then chastise all the black racist leaders who drag him down nationally and internationally.

In one swing, he would likely secure his re-election, gain historical precedence, and glean respect from the majority of people who simply identify unrighteousness and seek justice.

Muslims would hate him, but would change to follow him because it would be a righteous decision. Those who seek justice would admire him standing up to some older African American racist blowhards whose time has come to fade into the background.

Then again, there is a mystery of iniquity which I do not understand.


84 posted on 04/21/2012 9:22:12 PM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: Cvengr
If Obama were smart, he’d simply act righteously.

You're presuming that it's even possible for him to act righteously.

85 posted on 04/21/2012 9:33:08 PM PDT by mvpel (Michael Pelletier)
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To: Tunehead54

Your comments are most interesting in “where we go from here”. These points of law are going to run smack into the face of the “baiters”, LSM, and the left.

Regardless which side writes our history books, Trayvon Martin might be America’s Archduke Ferdinand.


86 posted on 04/21/2012 9:52:48 PM PDT by Nacho Bidnith
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To: 2ndDivisionVet

Mr. Frazier is late to the party.

I already predicted this a while ago, right here on FR:
http://www.freerepublic.com/focus/bloggers/2871137/posts?page=88#88


87 posted on 04/21/2012 9:55:45 PM PDT by Road Glide
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To: 2ndDivisionVet

Re: Six Jurors

I haven’t lived in Florida for many years.

When I did, manslaughter and murder cases ALWAYS required 12 jurors, not 6.


88 posted on 04/21/2012 10:32:52 PM PDT by zeestephen
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To: zeestephen

Re: Six Jurors Is Correct

I just checked reports on the very recent John Goodman DUI manslaughter trial in Palm Beach.

Six jurors.

Goodman founded the local polo club and was a well known Palm Beach socialite.


89 posted on 04/21/2012 10:42:39 PM PDT by zeestephen
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To: TigersEye

Your suggestion that the hearing that would lead to a dismissal (the immunity hearing) should come before the bond hearing makes no sense. That’s impossible. The fastest way to get GZ out is to bond him out.


90 posted on 04/21/2012 10:47:02 PM PDT by ironman
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To: ironman

No thanks to you I do see why the bond hearing should come first now. But he would be out of jail and never go back for anything if the case had been dismissed wouldn’t he?


91 posted on 04/21/2012 10:52:38 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Lancey Howard
Students watch the OJ verdict:

I had never seen that. Painfully stark.

92 posted on 04/21/2012 10:56:20 PM PDT by TChad
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To: 2ndDivisionVet

I think at this point in time, a comprimise is in order. Zimmerman gets probation and the Martin family gets to keep their dead burglar son’s stolen loot. Everyone wins!


93 posted on 04/21/2012 11:04:33 PM PDT by Dagnabitt (If I had a failed one-term President, he'd look like Obama.)
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To: Nacho Bidnith
Your post made me re-read what I'd said.

Having done that I amend my last sentence.

"The only consideration here is to what extent the MSM and race baiters can threaten the area/nation with whip the area/nation into chaos and rioting if charges are dismissed. That threat is really the only real question here. Trust me. ;-)"

For the record, I think it could be a long, hot summer.

94 posted on 04/21/2012 11:24:42 PM PDT by Tunehead54 (Nothing funny here ;-)
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To: JediJones

Re: Whites In The South

This is a tip off that the author of the article is not familiar with Florida.

The “Old South” in Florida is confined to the Panhandle and the I-10 corridor.

South of Orlando, almost all whites are transplants from New York, New Jersey, Pennsylvania, and the Midwest.

Moving the trial to Southeast Florida might be a catastrophic error for Zimmerman.

“White” jurors there will be heavily Northeastern and Jewish Democrats.

On the other hand, Hispanics in South Florida will be heavily Cuban Republicans, which might weigh in Zimmerman’s favor.


95 posted on 04/22/2012 12:25:57 AM PDT by zeestephen
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To: Sola Veritas
Alan Dershowitz also has won 13 of 15 murder appeals.

All of them, I believe, at the federal level.

96 posted on 04/22/2012 12:34:22 AM PDT by zeestephen
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To: 2ndDivisionVet
If he was not charged it is my recollection, in Florida the family can not file a civil case...that is why he was charged...IMHO
97 posted on 04/22/2012 5:41:03 AM PDT by southphilly (Every State should be a right to work State)
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To: Kenny Bunk

Well, I’m pretty sure if a prospective juror just wants to make his decision on the facts, the prosecution will try to strike him “for cause...”


98 posted on 04/22/2012 5:43:21 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: 2ndDivisionVet

Has there been an arraignment?

Has Mr. Zimmerman entered a plea?


99 posted on 04/22/2012 6:33:56 AM PDT by Beach_Babe
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To: 2ndDivisionVet

This whole thing will probably get kicked out at pre-trial. There is not one speck of evidence that the man committed a crime.


100 posted on 04/22/2012 6:55:35 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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