George Zimmerman: Another Political Prosecution?

A column by Alan Dershowitz in the New York Daily News:

A medical report by George Zimmerman’s doctor has disclosed that Zimmerman had a fractured nose, two black eyes, two lacerations on the back of his head and a back injury on the day after the fatal shooting. If this evidence turns out to be valid, the prosecutor will have no choice but to drop the second-degree murder charge against Zimmerman — if she wants to act ethically, lawfully and professionally.

There is, of course, no assurance that the special prosecutor handling the case, State Attorney Angela Corey, will do the right thing. Because until now, her actions have been anything but ethical, lawful and professional.

She was aware when she submitted an affidavit that it did not contain the truth, the whole truth and nothing but the truth. She deliberately withheld evidence that supported Zimmerman’s claim of self-defense. The New York Times has reported that the police had “a full face picture” of Zimmerman, before paramedics treated him, that showed “a bloodied nose.” The prosecutor also had photographic evidence of bruises to the back of his head.

But none of this was included in any affidavit.

Now there is much more extensive medical evidence that would tend to support Zimmerman’s version of events. This version, if true, would establish self-defense even if Zimmerman had improperly followed, harassed and provoked Martin.

A defendant, under Florida law, loses his “stand your ground” defense if he provoked the encounter — but he retains traditional self-defense if he reasonably believed his life was in danger and his only recourse was to employ deadly force.

Thus, if Zimmerman verbally provoked Martin, but Martin then got on top of Zimmerman and banged his head into the ground, broke his nose, bloodied his eyes and persisted in attacking Zimmerman — and if Zimmerman couldn’t protect himself from further attack except by shooting Martin — he would have the right to do that. (The prosecution has already admitted that it has no evidence that Zimmerman started the actual fight.)

This is a fact-specific case, in which much turns on what the jury believes beyond a reasonable doubt. It must resolve all such doubts in favor of the defendant, because our system of justice insists that it is better for 10 guilty defendants to go free than for even one innocent to be wrongfully convicted.

You wouldn’t know that from listening to Corey, who announced that her jobs was “to do justice for Trayvon Martin” — not for George Zimmerman.

As many see it, her additional job is to prevent riots of the sort that followed the acquittal of the policemen who beat Rodney King.

Indeed, Mansfield Frazier, a columnist for the Daily Beast, has suggested that it is the responsibility of the legal system to “avert a large scale racial calamity.” He has urged Zimmerman’s defense lawyer to become a “savior” by brokering a deal to plead his client guilty to a crime that “has him back on the streets within this decade.”

But it is not the role of a defense lawyer to save the world or the country. His job — his only job — is to get the best result for his client, by all legal and ethical means.

So the argument is that Zimmerman needs to go to jail to keep black people from rioting. Or maybe to keep black gangs from beating up whites in retaliation.

This thus begins to look a bit like the Duke rape case, where an elected prosecutor, needed the votes of the local black community, brought charges against white Lacrosse players. The entire case collapsed.

The argument, of course, is demeaning to the majority of black people who — while understandably sensitive about racial injustice — don’t embrace a lynch mob mentality, and will accept the verdict of a fair legal process.

As for the minority of blacks who don’t think this way: they are what cops and riot police (and concealed carry) are for.

George Zimmerman

From Reuters, a piece of excellent journalism about George Zimmerman, the fellow changed with killing Trayvon Martin in a racially charged incident.

Some conclusions:

1.) Zimmerman doesn’t look the least bit like a racist, given his own multi-racial background, and his associations with black people.

2.) Zimmerman has a history of being a bit of a hothead.

3.) Zimmerman’s neighborhood had indeed been victimized by a number of burglaries by black males

The article says nothing about what actually transpired between Zimmerman and Martin on the night of the shooting, and that is what should determine whether Zimmerman is guilty of murder.

Trayvon Martin: The More We Learn, the More Complicated It Becomes

Then there is this from the Orlando Sentinel:

With a single punch, Trayvon Martin decked the Neighborhood Watch volunteer who eventually shot and killed the unarmed 17-year-old, then Trayvon climbed on top of George Zimmerman and slammed his head into the sidewalk, leaving him bloody and battered, law-enforcement authorities told the Orlando Sentinel.

That is the account Zimmerman gave police, and much of it has been corroborated by witnesses, authorities say. There have been no reports that a witness saw the initial punch Zimmerman told police about.

Zimmerman has not spoken publicly about what happened Feb. 26. But that night, and in later meetings, he described and re-enacted for police what he says took place.

In his version of events, Zimmerman had turned around and was walking back to his SUV when Trayvon approached him from behind, the two exchanged words and then Trayvon punched him in the nose, sending him to the ground, and began beating him.

Zimmerman told police he shot the teenager in self-defense.

This is what the Sentinel has learned about Zimmerman’s account to investigators:

He said he was on his way to the grocery store when he spotted Trayvon walking through his gated community.

Trayvon was visiting his father’s fiancée, who lived there. He had been suspended from school in Miami after being found with an empty marijuana baggie. Miami schools have a zero-tolerance policy for drug possession.

Police have been reluctant to provide details about their evidence.

But after the Sentinel story appeared online Monday morning, City Manager Norton Bonaparte Jr. issued a news release, saying there would be an internal-affairs investigation into the source of the leak and, if identified, the person nr people involved would be disciplined.

He did not challenge the accuracy of the information.

Zimmerman got out of his SUV to follow Trayvon on foot. When a dispatch employee asked Zimmerman if he was following the 17-year-old, Zimmerman said yes. The dispatcher told Zimmerman he did not need to do that.

Zimmerman told them he lost sight of Trayvon and was walking back to his SUV when Trayvon approached him from the left rear, and they exchanged words.

Trayvon asked Zimmerman if he had a problem. Zimmerman said no and reached for his cell phone, he told police. Trayvon then said, “Well, you do now” or something similar and punched Zimmerman in the nose, according to the account he gave police.

Zimmerman fell to the ground and Trayvon got on top of him and began slamming his head into the sidewalk, he told police.

Zimmerman began yelling for help.

Several witnesses heard those cries, and there has been a dispute about whether they came from Zimmerman or Trayvon.

Lawyers for Trayvon’s family say it was Trayvon, but police say their evidence indicates it was Zimmerman.

One witness, who has since talked to local television news reporters, told police he saw Zimmerman on the ground with Trayvon on top, pounding him — and was unequivocal that it was Zimmerman who was crying for help.

Zimmerman then shot Trayvon once in the chest at very close range, according to authorities.

When police arrived less than two minutes later, Zimmerman was bleeding from the nose, had a swollen lip and had bloody lacerations to the back of his head.

Paramedics gave him first aid but he said he did not need to go to the hospital. He got medical care the next day.

If Zimmerman is telling the truth, it is indeed self-defense.

There is solid evidence that Martin had Zimmerman on the ground, and was pummeling him. But did it start with Zimmerman retreating toward his SUV, or was Zimmerman belligerently demanding that Martin explain what he was doing there?

The story is obviously more complicated than the simple narrative of racial murder that the media was first pushing. We doubt that Zimmerman can be convicted of anything by a fair-minded jury, and this is not because he did nothing wrong, but because any prosecution would have to prove beyond a reasonable doubt that he was not defending himself.

Our best guess as to what happened: an aggressive Zimmerman provoked a violent response from Martin which then caused Zimmerman to use deadly force.

More on Trayvon Martin Shooting

Two accounts. First a teenager who was a witness:

http://www.youtube.com/watch?v=AySYPMy1Ejw

Now, someone in the neighborhood who heard (but did not see) the confrontation:

http://www.youtube.com/watch?v=hj4RHJ0taoc

Key point here: somebody was shouting before the shot.

Was it Trayvon Martin yelling after being accosted by Zimmerman? Or was Zimmerman being assaulted by Martin, as one witness claimed?

We’ll welcome comments on the relative plausibility of both scenarios.

Was Trayvon Martin the Aggressor?

Witness: Martin attacked Zimmerman: MyFoxTAMPABAY.com