Why Zimmerman Case Should be No-Brainer

The tragedy here–other than the unfortunate death of Trayvon Martin–is that George Zimmerman is even on trial for the death.

I have no joy over the demise of the 17-year-old Martin. I do not celebrate the pain of his parents or family.

It is easy to see where one would want someone to pay for this, as everyone wants answers anytime a teen dies the way martin did.

At the same time, the evidence is what it is, and–like it or not–Zimmerman, who is rightly under scrutiny, is entitled to Constitutional protections over which we fought a war to guarantee to the accused.

The evidence favors George Zimmerman. It’s not even close.

The Constitution requires that the prosecution prove that Zimmerman is guilty beyond reasonable doubt.

The “reasonable doubt” is so long, deep, and wide that I could land a Boeing 777 on it, at San Francisco International Airport, on my first try, without a flight instructor, without damaging the plane.

(1) Zimmerman was within his rights to follow Martin, even though the 911 dispatcher said, “We don’t need you doing that.” He was a neighborhood watch captain, and he was merely doing his job: he was following and watching. There is no law against that.

(2) Zimmerman was within his rights to carry a firearm. Aside from the Second Amendment, he had a valid concealed carry permit.

(3) Zimmerman was within his rights to carry his firearm “hot”: fully-loaded, with a round chambered. If he was concerned that he could be put into a situation where he needed to get a shot off–not having time to rack the slide–his approach was reasonable. That his Kel-Tec 9mm was a double-action pistol provided a modicum of safety.

(4) While it is understandable that Martin could have felt threatened by someone following him, that still would not be cause to escalate a confrontation. If Martin ran, then the evidence does not support Zimmerman–an obese tub of lard–pursuing him.

And that is what it comes down to: WHO escalated the confrontation from verbal to physical?

If Zimmerman did that–and evidence supports it–then he is guilty. Go Directly to Jail, Do Not Pass Go, Do Not Collect $200.

If Martin did that, then he is liable: it means he made a very tragic mistake–picking a fight with a grown adult.

But what does the evidence say about the confrontation?

(1) We cannot establish–from witnesses or video–who started the fight.

The eyewitness accounts–and hard evidence–points to Trayvon Martin being on top when Zimmerman shot him.

The wounds on the back of Zimmerman’s head are consistent with him getting his head bashed into the concrete one or more times.

The wounds on his face indicate that he was punched. There is no evidence that Zimmerman even landed a blow on Martin.

The forensic evidence–from clothing to bullet path–is consistent with Martin having the upper hand at the time the shot was fired.

While none of those things establish who started the fight, they do back up Zimmerman’s account and not the prosecution’s theory.

In the absence of other evidence, this is clearly ADVANTAGE: ZIMMERMAN.

(2) In the absence of other evidence, the prosecution had to be able to make the case that it would have been in Zimmerman’s character to start a fight. They failed.

Zimmerman is about 5-foot-7, overweight, and not athletic whereas Martin was almost 6 feet tall and very athletic.

If Zimmerman started the fight, then that means he initiated a physical confrontation with a man who was almost a half-foot taller than himself, and who had a serious physical advantage.

Is that possible? Yes.
Is that rational? No.

In other words, in order to show–beyond reasonable doubt–that Zimmerman started the fight, they needed to show that (a) Zimmerman was prone to get into fights, and (b) that Zimmerman had a track record of being less than rational.

And yet, the portrait from the prosecution of Zimmerman was that of an otherwise intelligent, rational person who otherwise had no track record of getting into fights. They failed to produce one drop of evidence that showed irrationality. (This hurts their attempts at manslaughter as well as murder 2.)

That this case is even in court is the mother of all travesties.

Who needs to be on trial here: The judge and prosecution. They are in the same league as Mike Nifong.

15 thoughts on “Why Zimmerman Case Should be No-Brainer

  1. You forgot to mention that the jury is 6 women, chosen randomly from a Florida jury pool. For them the standard of evidence isn’t “beyond a reasonable doubt”, it is who do you feel sorriest for, that chubby white guy who was carrying a gun, A GUN FOR GOD’S SAKE, or Martin’s mother? You aren’t racist are you? Then you have to side with the black mother.

    I can predict that the judge will not remind the jury that the standard of evidence is “beyond a reasonable doubt” or instruct them in what that means. Instead they will get instructions about , “well, maybe this isn’t murder, but surely you can agree he is guilty of something”.

    • Yep. That’s why, in my post before this one, I predicted he will be convicted.

      It doesn’t matter what the evidence says. All that matters is that–in front of a jury of all women–Trayvon’s parents got on the stand and said the voice was his.

      Nothing else matters.

  2. Also… If I ever get arrested for murder/manslaughter/”we’ll think of something later”, I am definitely going to delete my blog before prosecutors know to go looking for it.

    • It won’t matter. The NSA will give them a copy.

      But if you DO get arrested, let me know and I’ll delete my blog too.

  3. I agree with the prediction that he is going to get convicted. He’s a relatively less attractive hispanic white guy who is overweight, and the jury is all women. That’s like anathema, really. The defense really screwed up on voir dire to get that kind of a jury. The reasonable doubt standard has not been met, but that doesn’t matter — this jury is almost certain to convict him.

  4. In the Court and Prosecution’s defense, this was pushed by the DoJ.

    I’m so beyond pissed about how all this turned out. A brief mention of a “white Hispanic” that raised my eyebrows over breakfast a couple days after my son’s birthday had no business escalating to people in Louisiana hashing it over.

    To know the degree to which the media pushed this… and that the DoJ was involved with it’s escalation has me screaming at the radio every time this comes up. Zimmerman is the Criminal du’Jour and the normalcy with which people are considering this trial just compounds how far gone we are.

    • Absolutely. The DoJ forced the matter; at the same time, the Governor–Richard Scott–had the responsibility to stand his ground and tell the feds to butt out of what was none of their business.

      He caved so fast he could have given Usain Bolt a run for his money. Moreover, the conduct of the judge in this case has been nothing short of unprofessional. If Zimmerman gets convicted, he’ll have plenty of grounds for appeal.

  5. Now that George Zimmerman has been acquitted of state charges, I wonder if the feds will try him for alleged civil rights violations.

    • Count on it. The WH has too much invested in this case not to.

      DISCLAIMER: I may be a lawyer, but I’m not a Florida lawyer. And I’m definitely NOT your lawyer. Now that we have that out of the way…

      I think Zimmerman needs to start filing some suits. Any number of media outlets and race hustlers would be juicy targets. While the Sullivan standard may make it hard for him to win against the media, I think there’s a very strong chance that what they did, at the very least, meets the standard of “reckless disregard for truth”. The Sanford police chief who was fired for refusing to go along with the railroading may have a case… and the city IT director who was fired for exposing prosecutorial misconduct almost certainly has a case. Of course, it’s not a slam dunk by any means.

      • He’s already got an active suit against MSNBC, and–from what I’ve seen–he may have a very good case, given the precedent from the Richard Jewell fiasco (which Jewell won). He can definitely demonstrate that material harm has been done to him. MSNBC clearly fabricated the evidence in order to promote their own narrative. And this won’t be the first time MSNBC has done this, as their actions in that Dateline NBC “exploding GM pickup truck” case demonstrate.

        Prediction: it won’t go to trial, but there will be a substantial monetary settlement.

        The police chief and the IT Director are going to have a harder time, though. They have almost no case against the media, and their channels for recourse are going to be limited, as they will probably be restricted to whatever state law permits.

        There almost certainly will be a federal civil rights trial against Zimmerman. Whether they get a conviction is going to be a different story, especially if there are more than six people on the jury, and especially if ANY of the jurors are males.

        What’s crazy here: if a jury of all middle-aged women failed to convict Zimmerman of either murder or manslaughter, then almost no other jury–except perhaps one of all blacks–would have.

        And they were TRYING to convict him. They just couldn’t satisfy the standards given in their instructions.

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