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Racialized prosecutorial indiscretion in the Zimmerman case
Legal Insurrection ^ | 7-6-2013 | William A. Jacobson

Posted on 07/06/2013 12:33:54 PM PDT by servo1969

Considering the wonderful job Andrew Branca has done covering the George Zimmerman trial, I’ve been relegated to something approaching potted plant status here.

It ain’t broke, so I ain’t gonna fix that. But I will weigh in with my own thoughts on the case and the trial.

As you know, I covered the case from the inception, focusing on the racial narratives and media mishandling of “evidence” leaked or revealed in court filings.

I’ve also listened to almost all of the trial, and those parts I missed because of my relocation I’ve accounted for through Andrew’s coverage.

My overall impression of the trial doesn’t really deviate from my overall impression of the pre-trial phase: This is a case which never should have been brought, and would not have been brought except for racial politics.

Florida prosecutors made an initial decision not to prosecute after the police investigation. Those prosecutors did what prosecutors should do, take a disinterested and dispassionate view of the evidence in determining whether the state could prove its case beyond a reasonable doubt.

The facts known at that time of the initial decision not to prosecute do not materially differ from the facts known now that the prosecution has rested its case.

What changed along the way was that the Martin family through the Parks and Crump law firm, assisted by agitators like Al Sharpton, launched a campaign to portray the decision not to prosecute in racial terms. The media was an all-too-willing accomplice in stirring up public protests alleging that this was a racially motivated killing.

NBC published an edited tape purporting to show that Zimmerman considered that Martin was suspicious because black; in reality the full tape showed that Zimmerman identified Martin as black only in response to a later police question. Allegations were made that Zimmerman used the word “coon” to describe Martin, when even the prosecution now acknowledges that the word used was “punk.”

The “hoodie” was mentioned only when the 911 operator asked Zimmerman to describe Martin’s clothing, yet the “hoodie” has become the image most associated with the case and is used to put a racial context on Zimmerman’s concern. That did not stop college and law students from holding rallies in which students wore hoodies in solidarity with Martin, as if that were the reason a shot was fired.

The false racial narrative of the case created such public pressure and threats of ongoing protests and potential violence that Special Prosecutor Angela Corey was appointed, and the inevitable decision to file the case was made. Corey has shown herself to be particularly thin-skinned as to criticism of her decision to prosecute.

The prosecution never let go of its desire to inject racial politics into the case. Only by virtue of a judicial ruling barring the use of the term “racial profiling” was the prosecution stopped. Once it became clear that the racial angle could not be worn on its sleeve, the prosecution acted as if it never really intended to go there anyway.

But the prosecution has gone there the best it could, seeking to introduce evidence of prior 911 calls from Zimmerman in which the suspicious person was black.

The prosecution also serially struck whites from the jury, leading the Judge to overrule two of the strikes.

The prosecution also is obsessed with showing that Zimmerman “followed” Martin as part of “profiling” even though that has no legal significance under the law as Zimmerman was permitted to follow whomever he wanted. The legal question is who commenced the physical altercation and what the status of that physical altercation was at the time of the use of deadly force.

On that point, the evidence in the form of physical injuries and eyewitness testimony points to Trayvon Martin as the aggressor under the law and Zimmerman having a plausible case of self-defense.

The prosecution case has not shaken the prime factual basis for a finding of not guilty — Trayvon Martin was on top of George Zimmerman punching him at the time of the shot. At best for the prosecution, there is somewhat conflicting eyewitness testimony on this point, which itself raises reasonable doubt.

I kept hoping that the prosecution would come forward with evidence to change my mind and justify the prosecution — perhaps bullet trajectory showing Zimmerman was on top when Martin was shot. But that evidence never came.

Instead we had a pathetic prosecution attempt (rejected by the Judge) to introduce dubious audio “expert” testimony. We have been subjected to the spectacle of the prosecution repeatedly attacking the police witnesses called on the prosecution’s case because the police found Zimmerman’s various accounts of the night essentially consistent.

Yet nothing has changed the basic equation: Regardless of who you think has the better argument at this stage, it’s hard to see how a finding of guilt beyond a reasonable doubt could emerge from a dispassionate view of the evidence.

Yet a finding of guilt remains a possibility given how the prosecution is handling the case and its willingness to spin the facts to convince the jury to convict.

I think Andrew had it right when he described the prosecutors’ argument on the motion for acquittal. While that argument was before the Judge only, it is a preview of closing arguments:

Mantei provided the State’s counter to the motion for a directed verdict in a manner that cannot readily be described in language suitable for a family-accessible blog. To say it was histrionic, lacking in factual evidence, and rife with abject fabrications, would be to put the matter too kindly.

The spin spun by the prosecution could result in a finding of guilt, but what does that tell you?

It tells you that this is a prosecution which has to build conjecture upon conjecture, argumentative hyperbole upon hyperbole, just to get to the jury. It is a prosecution devoid of dispassionate prosecutorial discretion and on a mission to convict rather than to see justice done.

Reasonable people can differ on whether George Zimmerman committed a crime under the law. Reasonable people cannot differ on whether there is evidence of that crime beyond a reasonable doubt. That’s why prosecutorial discretion is so important, and that’s why this case is a travesty.

The original prosecutors were not so invested in the case. Only the false racial narrative put this case in the hands of those who want to win at all costs.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government; Politics/Elections; US: Florida
KEYWORDS: banglist; florida; martin; partisanmediashill; partisanmediashills; zimmerman

1 posted on 07/06/2013 12:33:54 PM PDT by servo1969
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To: servo1969

If there were any truth left in media today, a story of the true History of this case would have hit the major newspapers by now. Well done... dang shame it would never make the op-ed pages of the big papers. Maybe the Washington Times... maybe.

LLS


2 posted on 07/06/2013 12:39:12 PM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: servo1969

IMHO, this is EXACTLY why mom should parade a long line of black witnesses (maybe wearing hoodies) of the good Zimmerman has done for the black community by acting as mentors, defending the homeless, etc. Let’s get the elephant out of the room and easy enough for the low information voters to follow.


3 posted on 07/06/2013 12:39:14 PM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: servo1969

If both Zimmerman and Martin were of the same race or ethnic background, this case would never have seen a courtroom.

If Martin had been white and Zimmerman black, this case would never have been a courtroom.

If Martin had been any other ethnic background besides black, and Zimmerman were white, this case would never have seen a courtroom.

I always thought it strange that this case never even hit the national news until about a month after it happened. Bloggers and race baiters kept pushing the story for their own purposes, and then the national media finally picked it up and ran with it.

And upon learning that Zimmerman was Hispanic, the media, who in their zeal to enflame the situation did not do much fact checking, decided that Zimmerman was a “White Hispanic”, so they could keep their narrative alive that a white man shot an innocent black boy.

This whole case reeks on so many levels, from the news media coverage, to how it got in the media, to the lies and fabrications in the media, fabrications told by those allied with the Martin side of the case.

I hope and pray it all ends peacefully and that justice is properly served.


4 posted on 07/06/2013 12:42:12 PM PDT by Dilbert San Diego
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To: servo1969

yet the band plays on. I lay this now upon the shoulders of that POS judge. She should have nipped this all the in bud rather than being pro prosecution. Once past that and fully aware of all the evidence, both on and off the record, she should have acquitted. Yet, she turns down the motion in a nano second and directs they continue.

The only thing between Zimmerman now and certain death in jail is 6 members of the jury. Hopefully they take their oath seriously but since the judge has not, why should they?

If this judge had been preciding over the OJ case, he would have been in the death chamber by now.


5 posted on 07/06/2013 12:46:49 PM PDT by Mouton (108th MI Group.....68-71)
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To: servo1969

Echoes of an earlier case. Something about a place called Duke . . . Black on White . . . get Whitey . . . public pressure to mount a kangaroo court . . . prosecutorial abuse . . . becoming rather common now that the thugs and looters have taken over.


6 posted on 07/06/2013 1:00:14 PM PDT by YHAOS
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To: LibLieSlayer

It is the same thing the media is doing to Paula Deen. Just because a racial slur was supposedly used, the media ran with it without waiting for the facts to come out. Now we are hearing that Lisa Jackson’s lover is refuting everything that Lisa Jackson said in her deposition. Paula Deen is going to be suing some asses off....just like Zimmerman should do after this trial is over.


7 posted on 07/06/2013 1:15:23 PM PDT by ImNotLying (The MSM bears a close resemblance to the world's oldest profession!)
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To: ImNotLying

We see that the rule in this politically correct world is that anyone violating political correctness is targeted for destruction.


8 posted on 07/06/2013 1:21:26 PM PDT by Dilbert San Diego
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To: Mouton
The only thing between Zimmerman now and certain death in jail is 6 members of the jury. Hopefully they take their oath seriously but since the judge has not, why should they?

They're not members of the legal so-called "profession."

9 posted on 07/06/2013 1:23:45 PM PDT by Standing Wolf
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To: ImNotLying

Yes indeed and it is sickening.

LLS


10 posted on 07/06/2013 1:28:30 PM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: servo1969

11 posted on 07/06/2013 1:37:20 PM PDT by JoeProBono (Mille vocibus imago valet;-{)
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To: servo1969

They are trying to avoid black riots. It won’t do any good. The blacks will riot anyway. Meanwhile poor old GZ’s life is ruined. I hope he can write a book and sell the movie rights so he can get some of his life back.


12 posted on 07/06/2013 1:44:14 PM 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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To: servo1969

I predict that before this week is out that Sybrina and Tracey will be slinking down in their seats thinking that everybody is looking at them and they will be right. By Thursday they may be noticeably absent as will a lot of their former supporters. Only those who drew the short straws will be there.


13 posted on 07/06/2013 2:05:51 PM PDT by Uncle Chip
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To: Uncle Chip

the eliet media is already cutting coverage.

Bondi on down should be investigated for this lynch mob trial.

I hop gz ends up owning the tm copyrights.


14 posted on 07/06/2013 2:25:04 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Uncle Chip

Uncle Chip, I would bet they sit it out to the bitter end, because they know they can have the obligatory ruckus when the verdict is read on live TV.

The ruckus on the street will start soon after. The twitterverse is going to be going mad.

Folks, SYG covers your car too. Don’t let the ferals pull you out and do a Reginald Denny on you.


15 posted on 07/06/2013 3:12:40 PM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: longtermmemmory

“the elite media is already cutting coverage.”

I expect they will broadcast little or none of the Defense’s case, and act as if the D. didn’t have one.


16 posted on 07/06/2013 3:32:15 PM PDT by Chewbarkah
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To: Mouton
"Once past that and fully aware of all the evidence, both on and off the record, she should have acquitted"

I'm no fan of this judge by any stretch of the imagination. She has made it blatantly obvious that she is biased in almost every ruling she has made. As I have said previously, I've even seen her interpret the testimony of a witness who was still on the stand right in front of the jury using her own twist.

Having said that, there is no way on earth any judge in their right mind would make the acquittal decision on this case. As wrong as it may be, throwing the case out would invoke the burning of Oakland and Watts, and this argument would NEVER be laid to rest on top of it all. No one wants to give them any excuses at this point and most certainly, no one wants to be the person responsible for giving Sharpton an excuse to be on TV anymore than he already is.

17 posted on 07/06/2013 4:19:20 PM PDT by FunkyZero (... I've got a Grand Piano to prop up my mortal remains)
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To: FunkyZero

and may I say that the judge did the defense a favor by giving the defense the last word of the day, and two powerful witnesses...the uncle was great and honest....that is the weekend, not Martin’s Mom....


18 posted on 07/06/2013 4:48:40 PM PDT by The Wizard (Madam President is my President now and in the future)
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To: Chewbarkah

That would be consistent with their history of spiking any facts that don’t match their narrative.

I may be in the minority, but I don’t forsee any mass rioting. The media will do its best to gin some up, but the public’s not really behind them at the moment, and just the simple fact that it takes over a week to cover all the reasons Zimmerman is innocent will undercut their efforts. A couple of small disturbances here and there maybe, that’ll be it.


19 posted on 07/06/2013 5:22:01 PM PDT by ArmstedFragg (hoaxy dopey changey)
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To: The Wizard

The jury did that. They were given the choice and chose to continue.


20 posted on 07/06/2013 5:30:34 PM PDT by Sooner Gal
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To: servo1969
Is Florida one of the states that gives a jury the chance to “downgrade” a charge?

Namely, if the jury finds Not Guilty on Murder 2, can they still find Zimm Guilty on Involuntary Manslaughter or a lesser charge?

Murder 2 is absurd.

There has been NO evidence at all that Zimm acted with “Depraved Indifference To Life.”

21 posted on 07/06/2013 5:43:51 PM PDT by zeestephen
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To: zeestephen

Posts from attorneys say “lesser included” offenses are an option. That includes manslaughter. Based on the trial evidence so far, manslaughter has not been proved any more than murder 2, either, and it can carry a very long sentence (like 25 years). If the jury takes the coward’s way out to appease the mob, it would be overturned on appeal, but what a travesty.


22 posted on 07/06/2013 6:08:02 PM PDT by Chewbarkah
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To: servo1969

23 posted on 07/06/2013 6:09:27 PM PDT by JoeProBono (Mille vocibus imago valet;-{)
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To: The Wizard

No credit to the judge. She wants this train to run on time, to the point of more or less demanding on Wednesday that the Defense knock off all its annoying “questioning of witnesses” stuff so that the Prosecution could bring TrayMom to the stand to run out the clock with sympathetic, emotional testimony.


24 posted on 07/06/2013 6:13:29 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Dilbert San Diego
If both Zimmerman and Martin were of the same race or ethnic background, this case would never have seen a courtroom.

Worth repeating...........

25 posted on 07/06/2013 6:53:50 PM PDT by varon (Down with tyranny)
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To: ArmstedFragg

We don’t have a verdict yet, so let’s not get overconfident.

Hardcore Traybots don’t care about no stink’in facts and are maximally wee-weed up, the media is itching for a violent spectacle, and Holder’s Community Relations Force is on the job. What could go wrong? The key is not to let anything get going, especially in places with majority criminal populations ...like inner-City Miami.

Riots would not really help the Scheme Team agenda, so it will be interesting to see if Crump, Fulton, Martin and other Schemers will be savvy enough to make conciliatory public statements.


26 posted on 07/06/2013 6:59:31 PM PDT by Chewbarkah
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To: ArmstedFragg
I may be in the minority, but I don’t forsee any mass rioting.

I don't either. The widespread availability of air conditioning will make it too inconvenient to go outside in the Florida summer heat and humidity.

27 posted on 07/06/2013 8:17:59 PM PDT by SeaHawkFan
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To: Sooner Gal

Maybe the jury was hoping the defense would not present a defense and rest its case so they could be home for the weekend.


28 posted on 07/06/2013 8:19:44 PM PDT by SeaHawkFan
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To: Chewbarkah
Yes, a travesty.

Obama, the Democrat Party, and the MSM have inflicted more damage on the Constitution and the Rule of Law than any other political gang since Franklin Roosevelt and the New Deal.

29 posted on 07/07/2013 1:09:02 AM PDT by zeestephen
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