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Zimmerman Prosecution Missed Three Key Pieces of Evidence

George Zimmerman mugThe George Zimmerman verdict left many people numb with disbelief. How could a jury NOT come to the obvious conclusion that Trayvon Martin, an innocent kid who had simply gone to the market to buy candy, was gunned down in cold blood by a wannabe cop?

The easy answer is that the defense simply outmaneuvered the prosecution. They picked a jury of five white women and one black or Hispanic woman, waived a Stand Your Ground hearing in front of the judge, and then proceeded to focus on the fight itself, claiming that Zimmerman was in a fight for his life and therefore used his weapon in self defense.

The prosecution, meanwhile, tried to appeal to the character of Trayvon Martin, demonstrating as much as possible that this was an innocent kid who was merely walking home and who was suddenly accosted by an older, heavier male who seemed bent on an altercation. Trayvon, they said, was just trying to get away.

Clearly, the case broke down in three major places, but equally important, the prosecution missed three key pieces of evidence that could have helped the jury reach a guilty verdict.

These three pieces of evidence lead incontrovertibly to the following facts:

1. Zimmerman was racially motivated.

2. Zimmerman wanted police to believe he thought Martin was armed, and yet he pursued him anyway.

3. Zimmerman knew early on that Martin was a kid but shot him anyway.

Strategic Breakdowns

  1. An all-female jury may have been picked to be sympathetic to Trayvon, but the reality is that most women have a deep-seated fear of black men, especially black men in a violent night-time scenario. For this reason, the jury as constituted was far more prone to be sympathetic to Zimmerman, not Martin.
  2. The prosecution failed to point out that fistfights are rarely lethal, and in this situation a lethal fight was highly improbable when all the evidence suggests both men were on the grass at the moment the gun was fired. Even if he was on his back, even if he had his head smacked into the sidewalk once or twice, and his nose popped pretty hard, there’s simply no reason for Zimmerman to believe that a 16-year-old kid could or would take the fight to its ultimate conclusion. It just doesn’t happen.
  3. The prosecution failed to adequately establish that before the fight began, Zimmerman was already actively looking for an altercation – and much of his motivation was racially charged.

Missed Evidence

For my third point above, I need to break down the voice recording of Zimmerman’s 911 call to the Sanford Police Department. In this call, Zimmerman says three things which, individually and combined, clearly demonstrate his intent to pursue and take down Trayvon Martin.

  1. Early in the call, Zimmerman is reporting the incident to the dispatcher and says that Trayvon is now “Coming toward me.” He later added that Martin circled his car.

“He has his hand in his waistband,” he says at one point and then, “he has his hand in his jacket” and then, “he’s got something in his hands.”

In each case, Zimmerman is clearly implying that he thinks Martin may be in possession of a weapon.  Who, in a situation like that, gets out of his car in a dark rainy night, and follows someone who he suspects has a loaded weapon?

  1. Shortly thereafter, Zimmerman does just that – he goes after Martin. First, he describes Martin as “running away.”

“Which direction?” asks the dispatcher. The car door opens and Zimmerman is moving briskly in open air. Then, as clear as day, we hear Zimmerman say something that is not on the record anywhere, but which goes to the heart of a Civil Rights case.

Under his breath as he is walking, Zimmerman says, “Fucking coons.” You can clearly hear him say it in this detailed analysis.

The dispatcher then says, “Are you following him?”

“Yeah,” says Zimmerman.

“We don’t need you to do that,” says the dispatcher, in a voice that is clearly a strong advisory. But Zimmerman proceeds anyway.

Who calls anyone a “fucking coon” in this day and age? And then disobeys a strong directive to stop following the suspect?

  1. Finally, early in the call Zimmerman describes Martin as “in his late teens.”  Later, as the call is closing and after Zimmerman thinks he may have lost Martin, he casually refers to Martin as a “kid.” Clearly, Zimmerman was aware early on that Martin was a kid, not an adult. This should have completely re-defined his strategy, i.e., Zimmerman should have avoided pulling out the weapon at all costs.

After all, who shoots a kid in a fistfight, with the cops on the way?

In total, this missed evidence suggests Zimmerman had racist motivations; he was well aware that an altercation could be lethal; and he was also well aware that Martin was a kid. In other words, this was a racially motivated event, designed to end very badly and targeted at a victim who Zimmerman may have thought was nevertheless an easy target.

Instead of seizing on these fundamental points, the Zimmerman prosecution volunteered itself for the defensive mode, trying (and failing) to show that Martin was not the aggressor, that he was on the ground, not Zimmerman, that he was calling for help, not Zimmerman. None of these points were of consequence, because in the jury’s mind, all they did was further establish that a significant and possibly life-threatening fight was under way, making the possibility that use of the gun was justified more and more relevant.

The Zimmerman prosecution failed to demonstrate motive and planning, it failed to convict, and it failed to find or note key evidence of a Civil Rights violation. Perhaps this will work in the Justice Department’s favor: perhaps they can argue that, because the evidence was not initially found, there was a miscarriage of justice for which a Civil Rights trial is the proper remedy.

As it stands today, the trial is a textbook case example of how to shoot an innocent kid and get away with it.

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2 comments on “Zimmerman Prosecution Missed Three Key Pieces of Evidence

  1. tashatexas
    July 23, 2013

    I believe Zimmerman was drunk or high that night and when he sobered up he realized pretty quickly that his only hope was to pretend he never called the NEN and that what we heard in real time was a lie, his version much later was the real truth. In effect, George Zimmerman got away with murder because the State of Florida failed to remind the jury that the biggest lies Zimmerman told are the lies he told on himself. We clearly heard him imply that Martin was armed on that call yet after he realized how that would implicate him he told detectives he didn’t think Martin was armed. We heard him admit on tape that Martin started running from near the clubhouse (just like Rachel Jeantel said) yet he is allowed to make up a complete lie about seeing TM start running at T. We heard him chasing Martin and say “he’s running” yet he says the heavy breathing is not him running and he later tells Hannity that Martin only skipped. So BDLR &Co missed the key point that you’re making, Zimmerman was allowed to get away with lying on himself.

  2. tashatexas
    July 23, 2013

    Other key misses/oversights/incompetence by BDLR & Co:
    1. Failure to impeach/minimize the importance and John Good’s testimony. Good was one of the defense witnesses that the State called and then failed to neutralize or impeach. They actually pretended they were the State’s witnesses. Good is the only person out of about 7 eyewitnesses who claims to have seen Martin on top of Zimmerman. He lied in his first depo but later admitted he never saw a fight, no punches, nothing really. He says he saw it for maybe 10 seconds, saw them move to the sidewalk then he left. His testimony was useless because Martin’s body was found wholly in the grass as Zimmerman stood over him. The key point is what happened to cause the shot to be fired not 10 seconds of what one witness saw. Clearly it wasn’t a sidewalk beating that caused Zimmerman to kill Martin, Martin was facing away from the sidewalk, in the grass. Good’s testimony was useless yet the State allowed the Defense to use him as their star witness.

    2. Failure to put together a clear idea of what happened based upon a totality of the witnesses testimony. That testimony says Zimmerman was on top when the shot was fired. Four witnesses looked outside immediately upon hearing the shot and saw Zimmerman on Martin. That is impossible if he fired that shot while lying on his back with Martin on top. They should have seen a position change but they. didn’t. The State had a gold mine of witnesses that saw Zimmerman execute Martin and they never put this together. Total incompetence or something worse?

    3. The bloody nose pic taken at the scene sealed Zimmerman’s fate but again the State missed it. Zimmerman’s blood was absent on Martin’s hands and sleeves. The State allowed the Defense to present two stupid and contradictory theories about why. At first the Defense said the blood simply was swallowed by Zimmerman until he stood up and then it flowed. Then they said there was blood on Martin but selective bacteria ate it off. Clearly that meant they COULD NOT EXPLAIN how Zimmerman’s face was supposedly bleeding and he was beaten but the blood didn’t get on Martin. The State could have squashed all of that nonsense had they simply looked at the pic and noticed the blood was not coming from Zimmerman’s nostrils but from three small abrasions on the tip of his nose, external bleeding. It is impossible for Martin to have caused that injury without getting blood all over him. That injury bled the second it happened and if Martin caused it and suffocated Zimmerman it should have been smeared all over Zimmerman’s face. I believe that injury came from a recoil. The State Prosecutors should be prosecuted for incompetence.

    3. Dr. Rao, the State’s witness, balled up her fist and mimicked punching herself in the face in an attempt to explain how Zimmerman could have received all of his injuries. I don’t have to remind you of the race and gender of the jurors to explain to you why she shut the door on any hope of. convicting Zimmerman.

    4. Finally, John Guy’s rebuttal while long on emotion, put the final dagger in Martin’s parents hearts. He said Martin was over the top of Zimmerman when he was shot but backing away (aggressor to the end) and that there is “no way Martin ever saw that gun” (Martin would not have been the one screaming.) That folks, was all she wrote. The fat lady sang and then threw down the microphone.

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This entry was posted on July 16, 2013 by in Art of Communication, Social Responsibility.
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