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The Zimmerman case disintegrates
humanevents.com ^ | 21 May, 2012 | John Hayward

Posted on 05/22/2012 5:35:29 AM PDT by marktwain

The release of evidence in George Zimmerman’s murder trial quickly made a mockery of his second-degree murder charges, and threw a further layer of shame upon media and political opportunists who misrepresented a tragic, but fairly straightforward, case of lethal force employed in self-defense.

It is remarkable to take stock of this evidence and realize that it supports every single aspect of Zimmerman’s statement to the police. His injuries are consistent with his account of physical assault by Trayvon Martin. Martin’s gunshot wound occurred at the very short range described by Zimmerman, demolishing fantasies about a racist mall-cop wannabe stalking and murdering an innocent black kid for no reason.

The Smoking Gun highlighted this bit of eyewitness testimony – released to the public by the Sanford police only a few days ago, but known to the prosecution when Zimmerman was charged – tendered to the police only 90 minutes after the shooting occurred, by a resident of Zimmerman’s community who heard the altercation and decided to investigate:

The man recalled seeing “a black male, wearing a dark colored ‘hoodie’ on top of a white or Hispanic male who was yelling for help.” The black male, he added, “was mounted on the white or Hispanic male and throwing punches ‘MMA (mixed martial arts) style.'”

The witness--who was in his living room and about 30 feet away from the confrontation-- said he called out to the two men that he was dialing 911. “He then heard a ‘pop,’” police reported, and saw the black male “laid out on the grass.”

Jim Hoft at Gateway Pundit relates the discovery of video from Trayvon Martin’s YouTube account, removed at some point during the last month, that shows he was actually involved in some sort of underground “fight club.”

Also fatal to the prosecution’s case is the discovery that Martin had THC in his system – he had apparently been smoking pot that night. As related by the local CBS News affiliate:

According to the autopsy report made public record by the Office of the Medial Examiner, the blood from Martin’s chest contained 1.5 ng/ML of THC, a drug commonly found in marijuana. There was about 7.3ng/mL of THC carboxy, the by-product of the body’s metabolism of THC.

Depending on the amount of THC consumed and the frequency in which it is consumed, THC carboxy can stay in a person’s system from somewhere between two weeks to a month, according to WBTV. THC itself can stay in the body for as long as four hours.

This is important because the charging document clearly, and without evidence, accuses Zimmerman of racially “profiling” Martin. On the other hand, Zimmerman told the 911 dispatcher that Martin caught his eye because “this guy looks like he’s up to no good, or he’s on drugs or something… it’s raining and he’s just walking around, looking about.” Only then did the dispatcher specifically ask about Martin’s race, and request a description of his clothing.

Despite the prosecution’s awareness of the autopsy reports and eyewitness testimony, they included none of it in their affidavit against Zimmerman. Criminal lawyer and Harvard Law professor Alan Dershowitz, who has been beside himself ever since the Zimmerman charges were filed, writes in the New York Daily News that it’s time to drop the charges, but doubts State Attorney Angela Corey “will do the right thing,” because “until now, her actions have been anything but ethical, lawful, and professional.”

As Dershowitz points out, the evidence released in this case means Florida’s “Stand Your Ground” law isn’t even a factor in Zimmerman’s defense. Much political hay has been made out of this law, but if Zimmerman was on the ground getting beaten to a pulp, withdrawal from the encounter was physically impossible for him. “A defendant, under Florida law, loses his ‘stand your ground’ defense if he provoked the encounter,” observes Dershowitz, “but he retains traditional self-defense if he reasonably believed his life was in danger and his only recourse was to employ deadly force.”

For that matter, as Dershowitz notes, there is not one shred of evidence to support the prosecutor’s contention that Zimmerman provoked the encounter. Neighborhood Watch patrols are not illegal. There is no evidence that Zimmerman shouted any “fighting words” at Martin.

Dershowitz also mentions a suspicion I’ve harbored since the weird, circus-like press conference at which Corey announced the charges: they’re a political instrument designed to buy time for everyone to cool down, leading to a long trial that dismantles some of the hysteria built up around the Trayvon Martin case. If true, the strategy is understandable… but utterly outrageous. The United States does not do “show trials.” The justice system is not a safety valve for releasing unhealthy levels of political tension. Individual citizens are not pawns to be shoved around in media games by gun-control advocates, race hustlers, or opportunistic politicians. The purpose of law enforcement is to protect the public, not appease certain segments of it.

State attorney Angela Corey responded by saying, “What the general public has to remember, and the media has to remember, is that there is a lot we cannot release by law.” Zimmerman’s lawyer also cautiously conceded that more evidence may be in prosecutorial hands, as yet unreleased to either him or the public.

That doesn’t change the virtually indisputable fact that Corey deliberately suppressed evidence helpful to Zimmerman when her affidavit was written. At best, that’s very sloppy work. ABC News discusses the sort of cards Corey might be holding:

One key to the case is which of the two men instigated the clash that left Martin dead. The prosecution says Zimmerman initiated the altercation when he "profiled" Martin that night, and then got out of his car to follow him. In the newly released documents, lead homicide officer on the case, Chris Serino of the Sanford Police Department, called the shooting "avoidable" had Zimmerman remained in his vehicle.

What has yet to be seen are two main pieces of evidence: Zimmerman's statement on the night of the incident, and his reenactment of the events of that night, which could prove vital when and if the case is heard in court.

It’s difficult to see how any of that might convince a jury to hand down a “guilty” verdict to Murder Two charges. How does that “stay in your car” principle work? Do you have to stay in your car when you see anyone acting suspiciously in your neighborhood, or do the age, sex, and racial background of the subject matter? Does everyone have to stay in their cars, or only members of certain age, sex, and racial groups?

Or is it simpler for the law to assert that beating someone into the ground and administering an MMA-style thrashing is wrong, even if they looked at you funny?


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Front Page News; News/Current Events; US: Florida
KEYWORDS: banglist; blackkk; fl; florida; georgezimmerman; martin; trayvon; trayvonmartin; zimmerman
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There never was a case, until Crump and the MSM manufactured one for financial and political purposes.
1 posted on 05/22/2012 5:35:46 AM PDT by marktwain
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To: marktwain

2 posted on 05/22/2012 5:39:30 AM PDT by Paladin2
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To: marktwain

I curse Benjamin Crump!


3 posted on 05/22/2012 5:40:08 AM PDT by griswold3 (Big Government does not tolerate rivals.)
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To: marktwain

Trying to kill somebody with more firepower than you have has ALWAYS been dangerous and problematical, ask the captain of HMS Hood.....


4 posted on 05/22/2012 5:45:37 AM PDT by varmintman
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To: marktwain
I keep hearing blacks calling into radio stations and wanting justice for Trayvon and not believing that "the little angle" was actually not so angelic.

My question for them is, why do you so desperately want an injustice to have occurred? Why are you not content or satisfied that Zimmerman did what he had to do to protect himself?

5 posted on 05/22/2012 5:47:04 AM PDT by FreeAtlanta (Liberty and Justice for ALL)
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To: Paladin2

Thank you for posting Cracker/Minority.


6 posted on 05/22/2012 5:47:59 AM PDT by samtheman
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To: varmintman

I’ll bet Trayvon’s learned his lesson in that regard..


7 posted on 05/22/2012 5:51:05 AM PDT by Chainmail
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To: FreeAtlanta
My question for them is, why do you so desperately want an injustice to have occurred? Why are you not content or satisfied that Zimmerman did what he had to do to protect himself?

To avoid embarrassment.

8 posted on 05/22/2012 5:52:40 AM PDT by HiTech RedNeck (Churches are full of hypocrites you say? Welcome: there's always room for one more.)
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To: griswold3

Since he and his bottom feeders incited racial discord, I’d like to see a smart lawyer sue him on behalf of anyone that gets hurt by Black thugs in retalliation for Trayvon.

Justice would be Mr. Crump being financially trayvoned.


9 posted on 05/22/2012 5:53:57 AM PDT by meatloaf (Support Senate S 1863 & House Bill 1380 to eliminate oil slavery.)
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To: FreeAtlanta

3, 4, 5? generations of engrained victimhood mentality, that’s why.


10 posted on 05/22/2012 5:56:17 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: Paladin2
The Freeper Zimmerman bashers may begin their apologies now.
11 posted on 05/22/2012 5:56:25 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: Navy Patriot

Here, let me try...

“He was told not to follow him, and he did.”
“He deserved the beat down for ‘dissing’ Trayvon.”


12 posted on 05/22/2012 6:00:34 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: griswold3

Corey and her minions are the ones who are depraved.


13 posted on 05/22/2012 6:06:29 AM PDT by Paladin2
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To: marktwain
Facts are racist.

Reality is racist.

14 posted on 05/22/2012 6:06:29 AM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: varmintman

The HMS Hood had the forepower but it lacked armour in a certain spot.
the Hood was stripped of the amour to help it’s speed.


15 posted on 05/22/2012 6:15:02 AM PDT by South Dakota (shut up and drill)
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To: marktwain
As long as the 'political opportunists' - including, those 'high profiled' like Al - Tawanna - Sharpton - hold this sham together; there will be a 'dead man walking' in the name of Trayvon. Trayvon has to walk; at least, until, November 2012. Hope 'determinations', will come now and quickly. If not; then hold and drag until after Election.

Of course; this spectre is already in limp mode; and so, a wait/watch at this point; as to whether Trayvon makes it.

(Al's resume includes, of course; his history of experience; in keeping a 'criminally, false narrative' alive. . .and so all supporting 'Trayvon'; know that he is in the best of hands.)

16 posted on 05/22/2012 6:23:01 AM PDT by cricket (Calling Marco Rubio; Allen West. . Newt. Because they are NOT afraid.)
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To: Navy Patriot

The lame Zimmerman bashers change their story from Weak to Weak.


17 posted on 05/22/2012 6:32:53 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: marktwain

Zimmerman’s fate will be held by the type of jury that is selected. There will be pressure to fill the jury with persons who can be easily swayed by the emotion and not the facts. To even find an unbiased jury after this media circus and guilty by innuendo race baiting will be difficult.


18 posted on 05/22/2012 6:34:42 AM PDT by The Great RJ
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To: Beagle8U

LOL, very good!


19 posted on 05/22/2012 6:38:10 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: marktwain
State attorney Angela Corey responded by saying, “What the general public has to remember, and the media has to remember, is that there is a lot we cannot release by law.” Zimmerman’s lawyer also cautiously conceded that more evidence may be in prosecutorial hands, as yet unreleased to either him or the public.

I thought the process of discovery required the prosecutors to release all evidense to the defense - else, how can the defense do its job? Any leagal beagles able to enlighten me?

20 posted on 05/22/2012 6:42:41 AM PDT by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
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To: The Great RJ
The case should never make it to a jury. For that to happen stupid bioch Corey has to convince a judge that the evidence presented is enough to convince a jury that Zimmerman is likely guilty of murder 2.

There is no way possible with the crap she presented so far, and I can see nothing short of an eye witness that saw the entire thing, start to finish, that could do that.

21 posted on 05/22/2012 6:45:09 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: griswold3

He’s as bad as they get:

http://www.huffingtonpost.com/2012/03/30/trayvon-martin-familys-lawyer-benjamin-crump_n_1390757.html


22 posted on 05/22/2012 6:45:44 AM PDT by samtheman
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To: marktwain
Zimmerman’s lawyer also cautiously conceded that more evidence may be in prosecutorial hands, as yet unreleased to either him or the public.

This was the great mystery during the entirety of the Duke Rape Hoax. Freepers and MSM pundits alike often wondered, "surely, Nifong must have something in his file that makes a case?" -- and he never did.

23 posted on 05/22/2012 6:47:47 AM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: marktwain; sickoflibs; stephenjohnbanker; OneWingedShark
does Zimm have availability to file countercharges against ALL of these entities at this point, even before his *trial* begins...???

if so, he should set the ball in motion, and since JustUs is looking into fed hate crime charges, which could carry a death sentence, he outta seek a death sentence on the lot of em in return, with a deprivation of Rights/conspiracy suit...

24 posted on 05/22/2012 7:07:16 AM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Gilbo_3

Zimmerman has no ability to have a government prosecutor file charges on his behalf.

He will ultimately have the ability to file personal lawsuits, not criminal cases, against a whole host of people.

In personal lawsuits, you cannot ask for a death penalty.

Only the government has the ability to seek and execute a death penalty.


25 posted on 05/22/2012 7:46:11 AM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR" - Glenn Beck)
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To: Gilbo_3

BUMP


26 posted on 05/22/2012 8:37:44 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Paladin2

Perfect


27 posted on 05/22/2012 8:39:22 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: marktwain

“The purpose of law enforcement is to protect the public, not appease certain segments of it.”

Best quote in the article.


28 posted on 05/22/2012 8:42:44 AM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: marktwain

Corey should be made to reimburse the cost of the Zimmerman bail bond.


29 posted on 05/22/2012 8:49:24 AM PDT by W. W. SMITH (Maybe the horse will learn to sing)
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To: trebb
-- I thought the process of discovery required the prosecutors to release all evidense to the defense - else, how can the defense do its job? --

O'Mara and Zimmerman get everything the state has, except the state's opinions and legal analyses. The public gets less than what O'Mara and Zimmerman do (but Zimmerman can make this material public too) in that anything in the nature of a "confession" is not a public record. So Zimmerman's interrogations and walk through are not public documents. They are not released to the public by the state, but they are given to Zimmerman.

30 posted on 05/22/2012 8:52:47 AM PDT by Cboldt
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To: samtheman

Crump should be sanctioned by the state bar. loss of license for one year perhaps.


31 posted on 05/22/2012 9:00:55 AM PDT by W. W. SMITH (Maybe the horse will learn to sing)
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To: Gilbo_3

An officer of the court, using the law to harass an individual, should receive the same penalty the individual would have received had the falsehood been successful.


32 posted on 05/22/2012 9:14:23 AM PDT by W. W. SMITH (Maybe the horse will learn to sing)
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To: txrangerette

Except that it seems fairly obvious to me that the government agents have violated the law; Sec 241 & 242 of US Code Title 18.


33 posted on 05/22/2012 9:16:47 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: FreeAtlanta
My question for them is, why do you so desperately want an injustice to have occurred? Why are you not content or satisfied that Zimmerman did what he had to do to protect himself?

Not only perceived victimhood, but a general lust to "get whitey."

34 posted on 05/22/2012 10:42:03 AM PDT by ScottinVA (Buying Drain-O requires photo I.D... yet voting doesn't???)
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To: South Dakota; varmintman
On paper the British had the advantage in the Battle of Denmark Straits, but the reality was far different. The lightly-built Hood was the last of "Fisher's Follies" and the fourth to fail spectacularly after relatively light punishment. The Prince of Wales was well-protected but was just off of her sea trials and was having serious mechanical problems that eventually took all but two of her guns out of action.

A better ship analogy to Trayvon is the SMS Blucher at the Dogger Bank. Whoops! The enemy actually has 12-inch guns, and we only have 8-inch guns! Uh-oh...

35 posted on 05/22/2012 10:44:12 AM PDT by jboot (Emperor: "How will this end?" Kosh: "In fire.")
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To: Lazamataz

36 posted on 05/22/2012 11:14:01 AM PDT by I see my hands (If you say what you think then no one will like you.)
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To: OneWingedShark; Gilbo_3

The question was, could Zimmerman himself set in motion a prosecution of people who have done him wrong.

He cannot.

Nobody can do that.

Also the question was mixing apples and oranges as it asked not only could he set this in motion, but could he cause the death penalty to be applied simply because the Injustice Dept. is looking into possible federal charges which could carry the death penalty.

When actually, all he has available to him is lawsuits, which cannot carry a death penalty.

Let’s face it, the question was well meaning but a gigantic legal overreach.

Like Rush is always saying, I live in Realville.

You believe government officials have violated the law themselves in his case.

Other, duly constituted government officials, have to deal with them if they’re to be dealt with.

A wronged defendant can’t achieve that.


37 posted on 05/22/2012 11:48:07 AM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR" - Glenn Beck)
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To: txrangerette; OneWingedShark
wow rangerette, *realville* would almost seem to be an insult to an honest question...

the simple and straightforward wording of the US code pertaining to deprivation of Rights, and conspiracy to do so, under color of 'law', and its penalties, would seem to be an avenue to seek, given a defense fund that would have the dollars to file and pursue the actions...

it doesnt seem like zimm should have to wait until the railroad is built before he plants demo on the structure...

38 posted on 05/22/2012 12:12:19 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: marktwain
One key to the case is which of the two men instigated the clash that left Martin dead.

As Dershowitz pointed out even if you start a fight you still retain your right to self defense to prevent death or serious bodily injury.

The prosecution says Zimmerman initiated the altercation when he "profiled" Martin that night, and then got out of his car to follow him.

The prosecution has absolutely Zer0 evidence to support that contention.
The defense does have evidence to refute it.

In the newly released documents, lead homicide officer on the case, Chris Serino of the Sanford Police Department, called the shooting "avoidable" had Zimmerman remained in his vehicle.

Officer Serino is a moron to say that and Angela Corey is a corrupt idiot to use that as a basis for prosecution.

I have to wonder if Officer Serino was holding a grudge against George Zimmerman because Zimmerman led the protest against the Sanford PD for not arresting the son of a Sanford PD officer who had sucker punched a homeless black man and knocked him out.

39 posted on 05/22/2012 1:10:05 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: marktwain

Sadly, America does do show trials.


40 posted on 05/22/2012 1:10:09 PM PDT by 1010RD (First, Do No Harm)
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To: Gilbo_3

Don’t get on my case about it by quoting something from the code.

The authorities have the code, too.

You can read it, but you can’t bring an official legal case as a citizen. You have to have a duly constituted government official bring a case.

You can complain, you can tell a prosecutor’s office your situation and you can show them something written in a code. You don’t have the authority, power, to force them to initiate an official legal proceeding, and you yourself can’t do that.

You can file civil lawsuits.

A lawsuit would not be taken up by the judge it was filed with, until your case as a criminal defendant was over.

That’s reality.

Sorry you don’t like it.

I had nothing whatsoever to do with it.

I just reported what it is.


41 posted on 05/22/2012 1:18:33 PM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR" - Glenn Beck)
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To: txrangerette; OneWingedShark; Gilbo_3
The question was, could Zimmerman himself set in motion a prosecution of people who have done him wrong. He cannot. Nobody can do that.

When were citizens deprived of the right to file criminal complaints? That is a major reordering of our justice system.

42 posted on 05/22/2012 1:19:10 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: txrangerette
the only *case* i got on was that of a condescending answer of 'realityville' to a simple question, which BTW, "Thank You" for taking the time to finally answer in yer last post...8^}

i guess i shouldve just asked if Zimm had 'standing' to file such, and it wouldve been a yes/no answer instead of an attempt to belittle an ally with smartassed comments that didnt answer the question...

43 posted on 05/22/2012 1:24:17 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: marktwain

Martin smoked marijuana...that explains the Skiddles.


44 posted on 05/22/2012 1:27:47 PM PDT by hoe_cake ( Society of the Descendants of the Signers of the Constitution)
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To: TigersEye; Gilbo_3

I’m not going to waste my time arguing with you, tiger eye.

In my post #41 above, I mention that you can complain to a prosecutor’s office.

The bottom line is you cannot bring down a prosecution on the head of your prosecutor by some kind of insistence or force of law. You can’t make them do anything.

A duly constituted other public official could take action if they chose to against that person.

The judge also has wide discretion within law and precedent to deal with a prosecutor in the ongoing of a case.

If you think I was saying anything else, your problem, not mine.


45 posted on 05/22/2012 1:29:41 PM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR" - Glenn Beck)
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To: txrangerette
The bottom line is you cannot bring down a prosecution on the head of your prosecutor by some kind of insistence or force of law. You can’t make them do anything.

No, Zimmerman couldn't make them do anything. But he could set the ball in motion by filing a criminal complaint. It's a legal instrument that must be acted upon the same as Angela Corey's indictment.

46 posted on 05/22/2012 1:36:31 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: FreeAtlanta
"My question for them is, why do you so desperately want an injustice to have occurred? Why are you not content or satisfied that Zimmerman did what he had to do to protect himself?"

For the Amish, it's less about their Emmanuel Goldstein, er, Zimmerman, and more about the fact that they elected one of their own and things got worse, which was in fact what they secretly suspected would happen all along.

47 posted on 05/22/2012 1:45:13 PM PDT by StAnDeliver (=)
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To: txrangerette; TigersEye; Gilbo_3; marktwain
You can read it, but you can’t bring an official legal case as a citizen. You have to have a duly constituted government official bring a case.

If that is the case then:

  1. What are private prosecutors? And has common law been invalidated so as to make their use verboten?
  2. Explain why 42 USC §1983 - Civil action for deprivation of rights exists, and how a citizen cannot instigate a civil suit on his own behalf.
  3. If none of the above are valid, then why is this not precisely a case wherein evils have become insufferable for the entire "system" to be changed?

48 posted on 05/22/2012 2:06:28 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: marktwain

Gee, could be why the police decided not to take Zimmerman in after they interviewed him at the scene.


49 posted on 05/22/2012 2:31:23 PM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: The Great RJ

The system gives the defence a far greater allowance to dismiss jurors.
The jury will be filled with mixed race south american immigrants...and crime victims.


50 posted on 05/22/2012 4:11:49 PM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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