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Wednesday, July 10, 2013

Observations on the Zimmerman Trial

Okay, I’m not going to make it to the end of the Zimmerman trial without talking about it.  Since I’m not a sequestered juror, I can do that. 

First, I haven’t watched every minute of the proceedings, so no doubt I’ve missed some significant testimony.    I overcame the impulse to reschedule dental and gym appointments in favor of the trial, but I did listen on SiriusXM en route.  Now I need to process what I’ve witnessed so far, through writing about it.  The defense is getting close to resting their case, possibly this afternoon, according to cable news.  I’m eager to hear arguments to the jury when the time comes.  Whatever the verdict, I know the six jurors—sequestered for three weeks—will be mighty glad to get their lives back.

 

Observation and Opinion:

 

Judge Debra Nelson is running a tight ship with due consideration for the jury and courtesy to witnesses and attorneys in this second degree murder trial.    She seems reasoned, decisive, and sure on the law; she definitely has that hard-to-define “judicial temperament” when her patience has been repeatedly tested by attorney Don West.
 

Zimmerman’s attorneys are Don West and Mark O’Mara.  O’Mara is the gentle voice and a disarming presence; Don West hasn’t shown himself to be quite so amicable or patient.  In fact, (and I missed this) Judge Nelson walked out at the end of a 13.5 hour day when Don West was belaboring some point and arguing with her after she had ruled.   Just now (2 pm Wednesday), West objected to the judge’s questioning Zimmerman about whether he understands his rights to testify or not testify in this trial.  He kept objecting, and Judge Nelson held strong.  I think she showed great restraint not to hold him in contempt of court--if that was an option.

 

Points I Find Troubling:
 

George Zimmerman—with attorney Mark O’Mara at his side—gave a televised interview with Sean Hannity of Fox some months back.  In that interview he said that he wasn’t familiar with Florida’s “stand your ground” law.  During the trial, “. . .prosecutors say he did have knowledge of it, however, because the subject was covered in the college class. They called as a witness Alexis Francisco Carter, the military attorney who taught Zimmerman’s class that covered the “stand-your-ground” law, which says a person has no duty to retreat and can invoke self-defense in killing someone if it is necessary to prevent death or great bodily harm. Carter described Zimmerman as one of his better students and said the neighborhood watch volunteer got an “A’’ in his class.” (News4Jax.com)


The screams, heard on 911 calls, remain a mystery, with various witnesses—including both their mothers— certain the scream was either Martin or Zimmerman.   Martin's body had no signs of having been in a fist fight; whereas, Zimmerman did get a bloodied nose and a couple of tiny, tiny cuts/abrasions? on the back of his head.  Injuries were pronounced "minor" and "insignificant" by the medical people who testified; one was the Physician's Assistant  Zimmerman consulted the day or two days after the shooting.  He opted not to have an xray of his nose.

 

My theory is that Zimmerman was on top of Martin when they were on the ground at that time, and he was holding Martin in some painful martial arts lock that caused him to scream.  That would account of the lack of markings on his body.  If that is not the case, then Zimmerman apparently made no significant effort to "defend" himself with his fists—why?  He didn't need his fists; he had a gun.   I haven't heard that suggested at any point.  Just makes sense to me.   

 

Zimmerman had taken mixed martial arts classes for nearly a year—three times a week.  He’s been portrayed by defense witnesses as “soft.”  I find it hard to believe that having that much training, regardless of proficiency level, would not have taught him some moves he could use that night.  Then there’s Zimmerman’s obvious eagerness to act as a law enforcement operative (having applied for a job with the sheriff’s office and not getting it and volunteering to lead a Neighborhood Watch program).  So, he knew what the parameters of “self defense” in the “stand your ground” were when he gave his account of how the incident happened. 

 

In the Hannity interview, Zimmerman was asked whether he had any regrets about that night, about the death of Martin.   He said he had no regrets and that what happened was “God’s plan.”   There was no remorse, no words of compassion for the family of the young man he had shot and killed.  I find that troubling.  But lack of compassion and remorse isn't illegal.

 

When Zimmerman called 911, the operator told him not to pursue the young man he had seen (17-year-old Trayvon Martin).  But Zimmerman did get out of his vehicle and pursue.  He says he got out of the vehicle at one point to try to see a street sign; didn't know the street name. Strange to me, since it was pointed out that there were only three streets within the multi-family complex, and there was no street sign, but a street number should have been visible from where he was in his vehicle, according to photos presented during testimony. 

 

My sense of things at this moment is that the prosecution won’t get a 2nd degree murder verdict, but a “guilty” seems possible on a lesser manslaughter charge.  Or George Zimmerman very well could be acquitted under Florida law.  The jury of six women will decide that after being charged by the Judge Nelson.

 

Trayvon Martin had been to a nearby store and bought a bag of Skittles and an iced tea.  He was heading to watch a basketball game with the twelve-year-old son of his father's finance.  Someone said Martin was guilty of walking while black.  Walking in the complex where Zimmerman lived.  Zimmerman automatically assumed he was a criminal.  Martin was unarmed.  

 

Whatever the outcome of this trial, I feel strongly that America has gotten itself bogged down in fear.  Fear of  people who do not look like we look.  And, yes, I understand there had been robberies in the Zimmerman neighborhood.  I understand that two people arrested for those robberies were young black males.  

 

 I think we’re more focused on protecting ourselves and our precious belongings than on the value of human life.  All the concealed weaponry in the hands of non-law enforcement, non-military citizens is problematic.  This is a case in point.   I have grave doubts that Trayvon Martin was spoiling for a fight with Zimmerman— unless he was defending himself from a verbal or physical attack.  He was on his way to spend time with a 12-year-old kid and share the Skittles and have his tea. Watch a ballgame.  Even though not introduced into evidence, apparently there were trace elements of marijuana in Martin’s system.  Anybody who’s had any experience with it, first or secondhand, knows that smoking pot brings on a very relaxed, benign state of being--the opposite of an adversarial state.

 

Bottom line is I‘m glad this trial is happening at all.  I remember the Martin family saying early on that they only wanted a trial to happen.  Their son’s life, every life lost to violence, is precious and worthy of judicial process. (If you anti-choice proponents want to jump on this, have at it.  Pro choice people believe in the sanctity of life, too.)   Remember, the killing of Trayvon Martin was being treated casually, at best,  like too many other murders of young black men.  If justice advocates hadn’t made their voices heard, this trial likely would never have taken place.  If Zimmerman is convicted (and I have my doubts he will be), I hope it will send a message to citizen law enforcement wannabe’s.

 

To my way of thinking, the death of this young man underscores the need for repealing the “stand your ground” law.  It encourages the “old west” mentality and can lead too easily to the death of many other innocent people.  I have no doubt that Trayvon Martin was innocently walking home from a convenience store, cutting through the neighborhood where  George Zimmerman lived, armed with a bag of Skittles and iced tea.  And that got him killed that rainy February night—because Zimmerman happened to see him, think he was suspicious—and George Zimmerman had a gun.
 

 A lot is broken in our culture. 

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