by Jack Lee
The charge surprised legal experts.
Finally the Trayvon Martin case is winding down even though the shooter appears to be over charged with second degree murder which carries a potential for a life sentence.
Looking back over this case it is interesting to see how it evolved to became national news and the deceased Trayvon Martin became a rallying cry against racial injustice. Everyone from the President to the New Black Panthers became involved; the NBP even issued a dead or alive cash bounty for the capture of George Zimmerman. Jesse Jackson, Al Sharpton, Luis Farrakhan, the Congressional Black Caucus and others desperately tried in vain to make this a civil rights test case or a return to the righteous days of MLK marching for equality.
Politicians did their best exploit racial passions: Rep. Barbara Lee-D, attacked the NRA and so did a lot of others. She accused the shooter of racial profiling and said this local crime deserved national attention as a hate crime, Lee said, “Trayvon Martin was “executed” and that his crime was “walking while black in a gated community” and this doosey, “This young teenager was gunned down because of how he looked, because of the color of his skin.” President Obama said, “If I had a son he would look just like Trayvon.” Rep. Maxine Waters called it a hate crime and agreed with Lee it was racial profiling, she said, “I, personally, really truly believe this is a hate crime.” Rep. Emanuel Cleaver-D said, “The issue is the low esteem in which black life is held, particularly black males.”
Benjamin Crump, a Civil Rights Attorney for Martin’s family declared, “When you have the president commenting on the matter and you have celebrities and politicians wearing their hoodies as a symbol of the cause that you’re representing, and it has taken over the world’s attention. . .” “The dots have all been connected. Arrest George Zimmerman for killing Trayvon Martin in killing in cold blood right now.”
But, like a lone voice of sanity came this… following the arrest of George Zimmerman Trayvon Martin’s mother, Sybrina Fulton said in a subdued voice she now believes it was an accident and things got out of control.
The prosecution has an almost insurmountable task of proving beyond a shadow of a doubt that George Zimmerman, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life kill Trayvon Martin. The defense side of this charge is easier to prove. The use of deadly force is justified when a person reasonably believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force to prevent death or great bodily harm.
How do you prove deadly force was absolutely not necessary when Zimmerman is being head slammed?
None of Zimmerman’s actions that we have heard in the media have demonstrated a depraved mindset, in fact it shows just the opposite.
If we can believe the witnesses, Zimmerman didn’t even reach for his weapon until he was punched in the face, knocked to the ground, Martin was on top of him and his head was being slammed on the sidewalk. There is nothing in the law that says a man must wait until he is under assault before using deadly force.
From the Lexicon law library defines self defense thusly: “A man may defend himself and even commit a homicide for the prevention of any forcible and atrocious crime, which if completed would amount to a felony; and of course under the like circumstances, mayhem, wounding and battery would be excusable at common law. A man may repel force by force in defense of his person, property or habitation, against any one who manifests, intends, attempts, or endeavors, by violence or surprise, to commit a forcible felony, such as murder, rape, robbery, arson, burglary and the like. In these cases he is not required to retreat, but he may resist and even pursue his adversary, until he has secured himself from all danger.” http://www.lectlaw.com/def/d030.htm
It is now up to the prosecution to prove Zimmerman meets all the elements set forth in murder of the second degree and do so beyond a shadow of a doubt. That’s tough.
To make the prosecution’s case even more difficult Zimmerman can rightfully claim his arrest and prosecution is politically motivated thanks to everyone who took part in protest marches and made public statements as to his guilt. Look at all the inflammatory and discriminatory quotes by celebrities and politicians, they are all a matter of record now and trust me, it will come up. They inserted themselves into this case and they damaged it.
Zimmerman’s lawyers only have to prove by a preponderance of evidence — a relatively low legal standard — that he acted in self-defense at a pretrial hearing to prevent the case from going to trial. There’s a high likelihood this case could be dismissed by the judge even before the jury gets to hear the case. If that happens Zimmerman is immune from further prosecution. Then the prosecution can say we tried and the blames then falls on the judge. But, the judge can escape taking the blame if he passes it on to the jury. Chances are we won’t know what will happen for a very long time. Some say if it goes to a jury trial it won’t be settled for over a year.