Zimmerman charged with Trayvon murder

mentalfloss

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Tragedy turns new page as Zimmerman charged with Trayvon Martin murder

George Zimmerman, the neighbourhood-watch “captain” who shot and killed an unarmed black teenager inside a gated community will face second-degree murder charges, a special Florida prosecutor announced Wednesday.

“It is the search for justice for Trayvon Martin that brings us here,” Angela Corey said in announcing the charges, adding she was equally concerned that the shooter, Mr. Zimmerman, get a full and fair trial after weeks of enflamed and bitter national debate. She said she had called the dead teen’s “sweet parents” to let them know of her decision to prosecute Mr. Zimmerman.

Mr. Zimmerman, 28, arrived at a Florida jail Wednesday night after turning himself in. He was logged into the jail in Sanford, hours after Ms. Corey announced the charge against him, and is expected to make his first court appearance on Thursday. His lawyer Mark O’Mara has said Mr. Zimmerman will plead not guilty. If convicted he could face life in prison.

Mr. Martin’s parents expressed relief Wednesday over Ms. Corey’s decision. They watched her announcement on television in Washington, along with Trayvon’s brother. As soon as Ms. Corey uttered the words “second-degree murder,” Mr. Martin’s parents grasped hands and their lawyer, Benjamin Crump, placed his hands over theirs.

Before the arrest, Mr. Martin's mother said: “That won’t bring Trayvon back but at least that would give us reassurance that the justice system is working.”

The charges come more than six weeks after the tall 17-year-old high-school student was shot. News of the shooting, little noticed at first, ignited a steadily rising and angry nationwide clamour for Mr. Zimmerman’s arrest, parried by defenders who said he was being publicly lynched without trial.

Even U.S. President Barack Obama was drawn into the debate, musing publicly that any son of his might have looked like the slain teenager.

Ms. Corey insisted her decision to press charges was solely based on the still-disputed facts surrounded the shooting.

“We do not prosecute by public pressure or by petition,” she told a Jacksonville news conference.

In addition to the Florida murder charge, Mr. Zimmerman could face additional federal charges.

“I know that many of you are greatly – and rightly – concerned about the recent shooting death of 17-year-old Trayvon Martin, a young man whose future has been lost to the ages,” Eric Holder, Attorney-General in the Obama administration said Wednesday in Washington. “If we find evidence of a potential federal criminal civil-rights crime, we will take appropriate action,” he promised.

Looming over the case of the neighbourhood-watch captain who claims he shot an assailant who attacked him, knocked him to the ground and punched him in the face, are larger, uglier issues that pervade American society.

Accusations of racial profiling, vigilantism and rush to judgment by the media have enflamed passions as the case gripped the nation.

Mr. Martin, a high-school junior with an interest in aviation, was serving a 10-day school suspension after drug traces had been found in his backpack. He was visiting his father at The Retreat at Twin Lakes, a gated community of about 250 homes, in the community of Sanford, north of Orlando. He planned to watch the NBA all-star game on television on Feb. 26 and was returning – in the rain, wearing a hoodie – from a nearby 7-Eleven store with a bag of Skittles and an iced tea.

He was on the phone to his girlfriend shortly after dusk when some sort of confrontation ended in gunfire.

Mr. Zimmerman, 28, an insurance agent and something of a law-enforcement wannabe – although never a police officer – held a “concealed carry” permit for the Kel-Tec 9mm automatic, carried in a holster on his waist. He had told his family he was going to the Target store when he saw Mr. Martin and thought him suspicious. Mr. Zimmerman called the 911 dispatcher and was told there was no need to follow the teenager. Mr. Zimmerman asked for police to attend and said he would await their arrival.
What happened next, in what seems to be a missing minute, remains disputed. At least seven people called 911 and background sounds indicate screams and a fight.

Mr. Zimmerman, who told Sanford police on the night of the shooting that he acted in self-defence after being attacked, was initially released. As the nationwide outcry grew over the case, Sanford’s police chief temporarily stepped down and Florida’s governor stepped in, appointing a special prosecutor three weeks ago.

Florida’s controversial “Stand Your Ground” law, which permits the use of lethal force in self-defence, not just in a citizen’s home but anywhere in public and requires no retreat from threat, may play a role in Mr. Zimmerman’s defence.

“If ‘Stand Your Ground’ becomes an issue, we will fight that defence,” Ms. Corey said.

For weeks, demonstrators by the thousands have protested Mr. Martin’s death on campuses and in cities across the United States. One congressman wore a hoodie in the Capitol in solidarity with the slain teenager while activists like Rev. Al Sharpton have seized on the case.

“We do not condone or support, in any way, any violence,” Mr. Sharpton said shortly before the charges were announced.

Ms. Corey praised her team of investigators and police adding she wanted to “thank all of those people across this country who have sent positive energy and prayers this way.”

Mr. Zimmerman, who launched a website seeking support and donations to a defence fund earlier this week, had been in hiding since a few days after the shooting.

Sanford Police Chief Bill Lee originally decided not to arrest Mr. Zimmerman, because, he said there was no probable cause to refute the gunman’s version of the encounter.

Audio tapes of the 911 calls and a video of Mr. Zimmerman being taken into custody the night of the hooting have been made public. But there are widely varying and contradictory conclusions as to what the evidence indicates.

Tragedy turns new page as Zimmerman charged with Trayvon Martin murder - The Globe and Mail
 

mentalfloss

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Florida’s ‘Stand Your Ground’ Law May Hinder Murder Case

Florida prosecutors seeking to convict a neighborhood watch volunteer of murder in the shooting death of an unarmed black teenager may be hamstrung by the state’s own laws in a case defense lawyers said will also hinge on physical evidence and emergency call recordings.

George Zimmerman shot 17-year-old Trayvon Martin, on Feb. 26 in Sanford, a central-Florida town of 54,000 people north of Orlando. Zimmerman, 28, told authorities in the aftermath that he shot Martin in self-defense, a potent claim in a state with a law allowing the use of force instead of retreat by citizens who fear for their life.

Florida’s “Stand Your Ground” law enables individuals who feel threatened in a public place to “meet force with force,” rather than back away. The law prevented police from arresting Zimmerman in February, officials said at the time, and may play a role in derailing any conviction, according to several Florida defense lawyers.

Bruce Fleischer, a veteran criminal attorney in Miami, said what Zimmerman told the 911 dispatcher and what he said in his first statement to police will be key to his case. Any evidence showing he believed “his life was in danger” will be central to a self-defense claim.

“The argument is going to be, ‘What did he believe and what did he perceive?”’ said Fleischer, who has defended dozens of people accused of murder and manslaughter and has argued self-defense in the past. That assertion by Zimmerman, he said, is the biggest obstacle faced by the prosecution.

“It’s a recognized defense under the law, and Stand Your Ground has enhanced it,” he said.

Plead Not Guilty


The decision to charge Zimmerman by Florida State Attorney Angela Corey was announced yesterday in Jacksonville. Lawyers for Zimmerman, who remains in custody in Seminole County until an as yet unscheduled bail hearing, said yesterday that he will plead not guilty. He faces as long as life in prison if convicted, and may make an initial court appearance today.

Zimmerman, whose father is white and mother Hispanic, told police Martin attacked him on a sidewalk near his home, and that he shot Martin after first being punched in the nose and having his head slammed into the ground, officials said.

Zimmerman, who said he was driving to a grocery store when he saw Martin walking through the gated community, told authorities he followed the teenager on foot and called the police to report a suspicious person. A dispatcher told Zimmerman to stop following Martin, and to wait for police.

Brian Tannebaum, a veteran defense attorney in Miami, said he was surprised by the second-degree murder charge, which he said prosecutors may have a harder time proving than if they had charged Zimmerman with manslaughter.

‘Tough Time’


“I think the jury is going to have a tough time with the idea that George Zimmerman murdered this kid. The word murder takes away any possibility that it was an accident,” he said.

Zimmerman is charged with second degree murder for killing Martin in “an act imminently dangerous to another, and evincing a depraved mind regardless of human life,” according to the charging document. The requirement of “depraved mind” is what, to a large extent, separates the charge from manslaughter, which for a teenager like Martin carried a maximum 30-year term, Tannebaum said.

If convicted of second degree murder, Zimmerman faces a mandatory minimum prison sentence of 25 years under Florida’s 10/20/Life law that provides for enhanced penalties for crimes committed using firearms, Tannebaum said.

‘Intentional Killing’


"When you look at manslaughter, you’re talking about something that wasn’t excusable or justifiable and resulted in death,” said the lawyer, the immediate past president of the Florida Association of Criminal Defense Lawyers. “By charging this as second-degree murder, the state is saying ‘We don’t think this is an act of negligence. We think this was an intentional killing.”’

Zimmerman told police he had been walking back to his SUV when Martin approached from behind and asked whether he had a problem. Zimmerman said no. Martin said, “Well, you do now” and punched Zimmerman in the nose, Zimmerman claimed, according to authorities.

He told officers he fell and that Martin got on top of him and began slamming his head into the sidewalk. A police report stated Zimmerman was bleeding from the nose and back of the head.

Jury Question


David Waksman, a criminal lawyer who worked as a state prosecutor in Miami for 35 years, and served as a police officer in New York for six, said jurors in a second-degree murder case are asked to decide whether the killing was “evil, hateful or spiteful.”

“Second degree tends to be a hard charge to make,” he said. “Sometimes first degree can be easier, depending on the evidence.”

Corey declined to convene a grand jury, which is required to seek an indictment for first-degree murder, a charge that generally requires evidence of premeditation or planning and may bring a sentence of death in Florida.

Zimmerman will have two separate chances to try to prove that he shot in self-defense, Waksman said. First, under the Stand Your Ground law, he can ask a judge to throw out the case before it ever reaches a jury. If the judge allows the case to go to trial, Zimmerman’s attorneys can assert self-defense again at trial.

Bloody Nose


“This guy’s going to have a strong Stand Your Ground defense,” Waksman said, adding that defense lawyers need only prove that he was in fear of injury or death at the time of the shooting. “We’ll have to see what the evidence is. It appears the firefighter saw a bloody nose, so there’s some evidence of a confrontation. That’s going to be important evidence for him.”

Corey said she would attack Stand Your Ground as a defense.

“We have to have a reasonable certainty of conviction before we file charges,” she said.

Waksman predicted the defense would ask for a change of venue for the case from Seminole County, which includes Sanford, though he doubted there is a jurisdiction in Florida that hasn’t been saturated with media coverage of the case.

“It’s like Casey Anthony,” he said, referring to the case of an Orlando mother acquitted of killing her 2-year-old daughter. Everyone knows this case.”

Jimmy della Fera, another Miami defense attorney, agreed the 911 tapes may turn the case against Zimmerman.

“When the 911 dispatcher was speaking to him and told him ’We don’t need you to follow him,’ I think that’s going to be a huge problem for him,” he said. Della Fera added the case may also hinge on an analysis of the tapes of calls neighbors made to 911 in which screaming is heard in the background.

Screaming


“It’s a real problem for the defense if the screaming in the background turns out to be Trayvon,” he said.

Zimmerman’s own history may make any argument of self- defense harder for a jury to believe, he added.

“You had this guy Zimmerman, a cop wannabe and yeah, he may have had a bloody nose, but I think he got in way over his head and he overreacted,” the lawyer said. “If he doesn’t have a gun, does Zimmerman even put himself in that situation? I don’t think so.”

H.T. Smith, a Miami criminal defense attorney for 39 years and a former vice president of the Miami-Dade chapter of the National Association for the Advancement of Colored People, said he wasn’t surprised by the decision to charge Zimmerman with second-degree murder.

‘Hotblooded’ Crime


“Second degree murder is a crime that is hotblooded and committed with a depraved mind,” said Smith, who teaches trial strategy at the Florida International University law school. “If in fact the prosecutor believed she had evidence that this shooting was not justified based on the immunity of Stand Your Ground or self-defense, then it was second-degree murder.”

He said the key to the case will be the forensic evidence.

“We are going to find out that the prosecution has one or more pieces of physical evidence that contradicts Zimmerman’s story,” Smith predicted. “I don’t believe the prosecutor would rest the prosecution and proving second-degree murder on witness testimony. People are paying attention to these eye witnesses, but that’s not what this case is going to turn on. This case is going to turn on forensic evidence.”

David S. Markus, a criminal defense attorney for the past 25 years who also spent five as a prosecutor in Miami, said the defense will have to mitigate the issue of race, given protests triggered in Florida and nationally by the killing of an unarmed black teenager, and the effect that may have on any jury.

“In order to prevail, the defense attorney is going to take race out of the case and make it about the law,” he said.

Markus added that he isn’t convinced Zimmerman has a very good case for immunity under the Stand Your Ground law, or on a claim of self-defense in general.

“He injected himself into a situation he didn’t need to be in,” the lawyer said. “And that situation spiraled out of control and resulted in a death.”

The case is State of Florida v. Zimmerman, 1712FO4573, Circuit Court of the 18th Judicial Circuit (Seminole County).

Florida's 'Stand Your Ground' Law May Hinder Murder Case
 

taxslave

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Nov 25, 2008
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Expect a media circus. There is no way he could ever get a fair trial now and regardless of the outcome one side or the other will cry foul and political interference.
 

Colpy

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Nov 5, 2005
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Self-defence and when Zimmerman is found innocent then the city will burn


Liberalman, it is a banner day.

I completely agree.

Unless they have a bunch more evidence than is in the public eye, or they can brow-beat the unfortunate Zimmerman into a plea-bargain..........any sane jury will find him not guilty.

And the country will burn.

 

TenPenny

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Jun 9, 2004
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Yeah, but when the rioting starts, all those with legal carry permits will realize that they are allowed to shoot and kill people who scare them, so there should be quite a few dead bodies.

I'm sure CNN is writing the catchphrase headline already, probably have it trade marked.
 

petros

The Central Scrutinizer
Nov 21, 2008
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He shouldn't have worn a hoodie. Only black gangstas wear hoodies.

 

TenPenny

Hall of Fame Member
Jun 9, 2004
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When has this happened in the past?

Isn't this what the whole fuking deal is about? If a black kid with a hoodie scares you, you're allowed to shoot him.

Surely if that's the case, rioters are fair game. Unless you're only allowed to shoot unarmed kids trying to walk around a 'good' neighborhood where their family lives.
 

Locutus

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Jun 18, 2007
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Trayvon's mom says 'shooting was accident,'



George Zimmerman woke up in a Seminole County jail cell this morning as the mother of Trayvon Martin, the teen he killed, revealed on national television that she thinks the shooting was an accident.

Zimmerman is set to go before Judge Mark Herr at 1:30 p.m. today on a charge of second-degree murder.

Asked what she would like to ask to Zimmerman, Trayvon's mother, Sybrina Fulton, said on The Today Show that she wants an apology from him.


"I believe it was an accident. I believe it just got out of control and he couldn't turn the clock back," Fulton said, revealing her opinion about what happened the night her 17-year-old son was shot to death. "I would ask him, did he know that that was a minor, that that was a teenager and that he did not have a weapon."

Fulton said even if Zimmerman is found not guilty, the arrest achieves the goal of their campaign to raise awareness and bring him to justice.

"We just want him to be held accountable for what he done," Fulton said. "We are happy that he was arrested so that he can give his side of the story."

The case has been assigned to Circuit Court Judge Jessica Recksiedler.

Zimmerman was charged following an investigation by special prosecutor Angela Corey, who was asked by Gov. Rick Scott to take over the case.

The decision was met with relief from Trayvon's parents, attorneys and supporters nationwide. In Sanford, where the teen was killed, residents celebrated and clamored that justice was on its way.

Meanwhile, Zimmerman's new attorney Mark O'Mara told reporters outside his Orlando office Wednesday that he plans to ask a judge to grant bail for his client so Zimmerman can assist with his defense.

"He needs to be safe, but he doesn't need to be in a jail to be safe," O'Mara said. "He just has to be left alone and let the process work."
Zimmerman hired O'Mara after getting referrals from other lawyers and the two spoke for an hour Wednesday in several telephone conversations, O'Mara said.

He advised Zimmerman to remain calm and listen to his advice.

"I think he's troubled with the charges," O'Mara said. "I think that he is troubled with the last number of weeks of what he's had to go through. This isolation."

Fulton, alongside Trayvon's father and their attorney, said she sympathizes with Zimmerman's family but asked for their consideration.
"I understand that his family is hurting but think about our family, we lost our teenage son," she told Today Show anchor Ann Curry. "His parents can pick up the phone and call him, but we can't pick up the phone and call Trayvon any more."



Trayvon Martin George Zimmerman charged jail: George Zimmerman charged and in jail for Trayvon Martin's death. - Orlando Sentinel
 

Retired_Can_Soldier

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Mar 19, 2006
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Isn't this what the whole fuking deal is about? If a black kid with a hoodie scares you, you're allowed to shoot him.

Surely if that's the case, rioters are fair game. Unless you're only allowed to shoot unarmed kids trying to walk around a 'good' neighborhood where their family lives.


Come on I know your smarter than that. Put down the sarcasm schtick.