new evidence released – Martin-Zimmerman

 
 
Yesterday from Nashville J:
 
Sloan, new evidence released in Martin-Zimmerman case:
 
 
 
By MATT GUTMAN (@mattgutmanABC) , SENI TIENABESO (@senijr_abc) and COLLEEN CURRYMay 17, 2012

Two police reports written the night that

George Zimmermanshot Trayvon Martin said that Zimmerman had a bloody face and nose, according to police reports made public today.The reports also note that two witness accounts appear to back up Zimmerman’s version of what happened when they describe a man on his back with another person wearing a hoodie straddling him and throwing punches.

It has been such a contentious case that even the evidence is being disputed.

The police report states that

Trayvon Martin’s fathertold an investigator after listening to 911 tapes that captured a man’s voice frantically calling for help that it was not his son calling for help.But Tracy Martin, Trayvon’s father, claims that is not true. The Martin family lawyer Ben Crump told ABC News that Tracy Martin initially listened to a distorted version of the 911 calls and said he could not identify the voice. But when he listened to a second tape that had been “cleaned,” “He immediately broke down in tears because he knew it was his son calling for help,” Crump said.

The new information is part of a trove of documents released by the Florida State Attorney today in the case against Zimmerman, who is charged with second degree murder for the Feb. 26 killing of Martin, an unarmed 17-year-old African American.

Trayvon Martin, 17, was fatally shot by neighborhood watch leader George Zimmerman.

Zimmerman, 28, is a multi-racial Hispanic man who volunteered for the neighborhood watch committee who claimed that he shot Martin in self-defense after the 6-foot tall, 160 pound teenager knocked him to the ground, banged his head against the ground and went for Zimmerman’s gun.

The documents start with a criticism of Zimmerman’s decision to follow the teenager, who Zimmerman said was looking suspicious.

“The encounter between George Zimmerman and Trayvon Martin was ultimately avoidable by Zimmerman, if Zimmerman had remained in his vehicle and awaited the arrival of law enforcement,” an investigating officer wrote.

Zimmerman claims he got out of his vehicle to find a house number to let police know where he saw the allegedly suspicious person, and while returning to his car was knocked down by a punch in the nose and attacked by Martin.

Two police officers reported that when they arrived at the scene of the shooting, Zimmerman seemed to have a battered nose and bloodied face. One wrote that his “facial area was bloodied,” and the back of his clothing was soiled with wet grass.

“Zimmerman was also bleeding from the nose and the back of his head,” Officer Ricardo Ayala wrote.

Another officer wrote, “I saw that Zimmerman’s face was bloodied and it appeared to me that his nose was broken.”

Witnesses, whose names were redacted from the report, also lent support to Zimmerman’s version of what happened.

“He witnesses a black male, wearing a dark colored ‘hoodie’ on top of a white or Hispanic male and throwing punches ‘MMA (mixed martial arts) style,’” the police report of the witness said. “He then heard a pop. He stated that after hearing the pop, he observed the person he had previously observed on top of the other person (the male wearing the hoodie) laid out on the grass.”

A second witness described a person on the ground with another straddling him and throwing punches. The man on the bottom was yelling for help, the witness told police.

The documents state that Zimmerman can be heard yelling for help 14 times on a 911 call recorded during the fight.

Yet another witness described the confrontation in emotional terms.

The witness heard “someone yelling, almost crying. Then I heard a gunshot.” The witness wrote that he or she “saw a man on top of a guy laying on the ground. He was putting his hands on his neck or chest.”

The man asked the witness to call 911.

“He stood up and took a couple steps away and put his hands on his head and then walked back over to the guy on the ground. He looked at him for a minute, then started to walk away toward the road. That is when the police walked up,” the witness wrote.

The lead investigator on the case, Officer Christopher Serino, wrote that Zimmerman could be heard “yelling for help as he was being battered by Trayvon Martin.”

Martin’s death sparked public outrage after police released Zimmerman without any criminal charges for the killing. Zimmerman was later charged with second-degree murder, and the killing provoked widespread debate about racial profiling.

The autopsy also shows that Zimmerman shot Martin from a distance of between 1 inch and 18 inches away, bolstering Zimmerman’s claim that he shot Martin during a close struggle.

Martin’s autopsy report also revealed that there was a quarter-inch by half-inch abrasion on the left fourth finger of Martin, another indication of a possible struggle.

The teen, who lived in Miami, was in Sanford while serving a suspension for an empty marijuana bag discovered in his possession. Martin had THC, the drug found in marijuana, in his blood on the night of his death, according to the autopsy. His family told ABC News that it was “trace amounts” of THC.

 
My thoughts:
 
Finally, a national news service used contemporary photos of Martin and Zimmerman. You can tell a lot by looking into a person’s eyes. I don’t care for either set of eyes, for different reasons. However, eyes and news reports will not determine the outcome of this horrible case. A judge, and perhaps a jury, will determine the outcome, just like what happened in the Rodney King criminal trial of several white L.A. PD police officers.
 
J replied:
I continue to have problems convicting Zimmerman with the evidence that has been presented – nothing supports anything other than what Zimmerman said happened. Am I missing something? How do they charge him with second degree murder and how does the judge accept it IF he was aware of all this evidence??
J
 
I replied:
If the jury believes Zimmerman ignored the police dispatcher and continued following Martin, which Zimmerman says is not how it happened – the objective evidence I have seen in the news supports Zimmerman continued to follow Martin; if the jury believes Zimmerman is a liar on that point; if the jury believes Zimmerman followed Martin with gun drawn, or even in plain view, say in his front waist band …Then, the jury might think, hmmm, “Martin was in fear of his life and did what he felt was the the best thing for him to do, which was to jump Zimmerman and kill him. Lethal self defense attempt by Martin required by Zimmerman’s lethal-threatening behavior.”

It might be hard for Zimmerman to persuade the jury he shot Martin in self defense, if the jury believes Zimmerman lied about breaking off the chase.

I think it’s traditionally hard to use self defense, if you were the aggressor all along.

That’s why I think the Florida Stand Your Ground Law was passed. To let people do just what Zimmerman did, be vigilantes. Not have to retreat. That’s NRA bible and verse. KKK and Neo-Nazi bible and verse. And New Black Panthers bible and verse.

If the trial judge rules The Stand Your Ground Law applies, Zimmerman skates, subject to the Special Prosecutor appealing the trial judge’s decision.

If the trial Judge rules the Stand Your Ground Law does not apply, Zimmerman can appeal that, but perhaps not until after the jury trial and verdict.

If Zimmerman gets acquitted, that’s the end of it, unless the Special Prosecutor appeals, arguing judicial error in ruling on the law and evidence, and or jury instructions on the law and evidence. Very rare for the Prosecution to appeal, almost unheard of.

If the jury convicts Zimmerman, he can appeal that based on various arguments his lawyer will use, including The Stand Your Ground Law should have been applied.

But for the fact that it appears Zimmerman lied about breaking off the chase, I would bet on him being acquitted by a jury. Not ever a good thing for a criminal defendant to be viewed as a liar by a jury.

P.S. Questions of fact, such as, did Zimmerman lie about breaking off the chase, are the jury’s domain. In my experience, trial judges do not interfere with juries’ right to hear and weigh the evidence, unless there is no reasonable interpretation of the evidence that supports conviction. In this case, Zimmerman has made the colossal blunder of giving the judge the impression Zimmerman is a liar, re his finances at the original bond and bail hearing. I can’t imagine this judge taking this case away from a jury, unless he rules the Stand Your Ground Law applies. Given what I have seen of it seeming Zimmerman did not break off the chase after being asked to do so by the police dispatcher, were I the judge, I would not apply the Stand Your Ground Law and I would let the jury decide whether Zimmerman is guilty of murder 2.
 
J replied:
 
Well, he was not chasing Martin – he only got out and followed so he could see what residence he went into so he could tell the police. Or at least that is the story he gave the police.
 
I agree 100% that it was incredibly stupid to not tell the judge about the defense fund $$$$. Not sure what they expected to accomplish by doing that. The Bail company said they would still do his bail at the new hearing as Zimmerman had complied with all the conditions in the original bail.
 
Time will tell, we just have to wait and see.
 
I replied:
 
Hard for me to imagine Martin trying to kill Zimmerman, if Martin did not think Zimmerman a clear and present lethal threat.You seem to have joined others in ignoring Zimmerman apparently ignored the police dispatcher and continued to follow Martin after telling the dispatcher he would stop following Martin. Were I the judge, or a juror, that would be weighing heavy on my mind. As would any lies I perceived coming out of Zimmerma’s mouth about how it went down that night. I make all sorts of unappetizing leaps in my dealings with people, when I find them not telling me the truth.

I just now forwarded you something very serious from Sancho Panza, who accuses you of being a racist. He says you doctored the CNN Rodney King report, to make it a non-white jury, instead of an all white jury, which did not convict any of the white L.A. cops. He sent the CNN report, which he claims is the actual report. I need your reply to that forward. Thanks

 
From Sancho Panza to me:
 
You never called out the racist “J” for falsifying the CNN report about an ALL BLACK JURY… au contraire, you keep on pandering to him by publishing his mephistophelean distortions on your blog! Why?! How are you any different from the ones you’ve Black Evil Four in taking advantage of others’ misfortune to get some attention from your intended audience? Rhetorical question… no need for you to answer!This is what “J” sent to you(and you published):

“But following a three-month trial in the predominantly white Los Angeles suburb of Simi Valley, three of the officers were acquitted of all charges. The jury, which had no white members, deadlocked on one charge of excessive force against Powell, and a mistrial was declared on that charge”

Thia is the actual CNN report:

http://www.cnn.com/2012/04/28/us/rodney-king-profile/index.html

“Four LAPD officers — Theodore Briseno, Laurence Powell, Timothy Wind and Sgt. Stacey Koon — were indicted on charges of assault with a deadly weapon and excessive use of force by a police officer.
In April 1992, after a three-month trial in the predominantly white suburb of Simi Valley, three of the officers were acquitted of all charges. But the jury, which had no black members, was deadlocked on one charge of excessive force against Powell. A mistrial was declared on that charge.”
He who “lies” with pigs……
 
From Nashville J:
 
Concerning the email from Sancho:
 
I certainly did not falsify the CNN report about an all Black Jury. The blog which I first saw it mentioned is the one I forwarded – as it was – and not altered by me. I even sent the CNN link when I found the whole article because the first one I sent only had part of it.
 
I have gone back to the full CNN link and see that it was in fact an all WHITE Jury and not an all BLACK jury as the original blog said. I certainly did not intend to put out incorrect information, but I it appears as the original story was changed by someone – not me tho. I apologize for not catching it when I sent the entire original link and will not send anything in the future that does not have the original link with it.
 
As far as being a “racist” and the “devil”, I don’t qualify as either to most people but and have never been called either until now, guess there is always a first.
 
Again, I do apologize for sending you something that appears to have been altered by the original blog and bringing into question your blog by responding to something I sent.
 
Regards,
J
I replied to J:
 
Am copying yours to Sancho, with this reply.

I did not remember much about Rodney King’s trial, other than wondering how the white cops didn’t get convicted after getting caught on video beating King to a pulp.
I did not remember the jury makeup, but I could have assumed it was white, or mostly white.

You also sent that only part of the video was released to the public by the media, and the part that got the one cop off was only introduced at trial. Are you still comfortable with that position? Or was it doctored, too?

I get lots of stuff from the far right that invariably is twisted factually. Even from people I know. They don’t originate it, but pass along forwards. I have yet to find any forward from the Republicans, Tea Party or others on that side of the compass to be trustworthy. Even when the facts are mostly accurate, they leave out what would put it into context and weaken, or destroy, the argument being made.

I don’t get much of that from the left, or the Democrats. Take them with large grain of salt, though. Anyone with a position in an issue tends to be unable to be objective, present it balanced.

Since getting Sancho’s slam, I’ve been pondering your email handle, deputy2, which suggests you are in law enforcement, or were. You told me that is not the case. You want to be in law enforcement?

I imagine George Zimmerman thought of himself as a deputy of some kind. Toted a pistol. Citizen watchman. His comments to the police dispatcher gave that impression. As did his having made many calls, apparently, about people he saw walking through his neighborhood.

I still think he went off the reservation that night and killed a teen who was minding his own business. That’s the bottom line. That, and I think Zimmerman was serious fucked up mentally, based on all I’ve seen so far.

I ain’t saying Martin was a prince, apparently he was not. But he did not do anything that night to cause him to get shot and killed, other than, it looks to me, try to defend himself from what he perceived to be a real threat of his own death. Based on all I have seen and read, I can’t put it together any other way.

I hate to think what will happen if we end up with another all-white jury. I hate to think what the back racists will do with that. Said by someone who has zero use for white racists.

Sloan


J then sent this:
 
Sloan:
 
I am mid 60′s, so I do remember the LA Riots, and I do remember seeing the whole tape once of the entire Rodney King incident, not just the little snip the media wanted everyone to focus on. I never did understand the riots, why riot and burn down businesses and loot and destroy the neighborhoods that you live in?
 
It took me a while but I finally found the original source – Orlando.com and have included the original link ….. as you will note, the article says the jury had no white members. I’m sure that will make no difference to some but at least it proves that “I” did not change it.
 
Hopefully, this will also remove the “racist” and “devil” tags.
 
I will await Sancho’s apology for accusing me of changing the CNN report and calling me a racist for doing it. I won’t worry about being called a “devil”.
J
 
 
No apology from Sancho, more shots. He came hard at me several times in the past few weeks for my writing about Martin-Zimmerman. He made it very plain that he doesn’t want me writing about it. I regret publishing a doctored report. Looks to me Nashville J regrets it, too. The irony is, I no more want to be writing about Martin-Zimmerman or Rodney King than Sancho wants me to write about them. Of all people I know, he should know that. But he doesn’t.
 
Also from J yesterday
 
Sloan:
 
Didn’t take the boys long:
 
“Rodney King’s case was a symbol of police abuse,” Sharpton said at a march Sunday to protest the New York Police Department’s stop-and-frisk policy. “I remember before the tape of Rodney King, we talk about police abuse people thought we were making it up.” Jackson compared King’s case, in which his attackers were acquitted, with Martin’s case today, in which killer George Zimmerman wasn’t initially arrested for shooting Martin because of Florida’s controversial “Stand Your Ground” law.
“We seem not to have learned the lesson of the ugliness of racial profiling and police brutality and all the pain it causes,” he said.
http://abcnews.go.com/US/rodney-king-dead-police-opening-investigation-apparent-drowning/story?id=16593081

By MARISA TAYLOR and
KEVIN DOLAK (@kdolak)June 18, 2012

Police have opened an investigation into the apparent drowning of Rodney King, the man who emerged as a reluctant “countercultural hero” after four LAPD officers brutally beat him in 1991.

King, 47, had been outside his house most of the night, his fiancée, Cynthia Kelly, told Rialto Police Capt. Randy De Anda after she reported finding his body at the bottom of the pool at his California home.

“[Kelly] was inside the residence, had been sleeping and Mr. King had been carrying conversations with her from the rear patio poolside,” De Anda said. “She had heard him speaking to her. She got up to go outside to talk with him, at which time she found him at the bottom of the pool.”



Click here to view a timeline of the events of Rodney King’s lifeIt has been 20 years since King pleaded for blacks and whites to “get along,” but recent cases like the killing of black Florida teen Trayvon Martin prove that the lessons of King’s brutal beating at the hands of Los Angeles police have yet to be learned, the

Rev. Jesse Jackson and other civil rights leaders said.

Kingemerged as a sort of reluctant, “countercultural hero” after he suffered the beating and a bystander’s video camera captured the violence, Jackson told ABCNews.Rodney King arrives at the EsoWon books store to sign copies of his new book, “The Riot Within: My Journey From Rebellion to Redemption,” on April 30, 2012 in Los Angeles, California.

That videotape, when shared with a Los Angeles TV station, sent shock waves around the world, catapulting police brutality and race relations in the United States to center stage and turning King into a symbol of the bitter conflict.

“It was his beating that made America focus on the presence of profiling and police misconduct,” civil rights advocate

the Rev. Al Sharpton said in a statement. “History will record that it was Rodney King’s beating and his actions that made America deal with the excessive misconduct of law enforcement.”“Rodney King’s case was a symbol of police abuse,” Sharpton said at a march Sunday to protest the New York Police Department’s stop-and-frisk policy. “I remember before the tape of Rodney King, we talk about police abuse people thought we were making it up.”

Jackson compared King’s case, in which his attackers were acquitted, with Martin’s case today, in which killer George Zimmerman wasn’t initially arrested for shooting Martin because of Florida’s controversial “Stand Your Ground” law.

“We seem not to have learned the lesson of the ugliness of racial profiling and police brutality and all the pain it causes,” he said.

The wake of the violent attacks on King and the subsequent L.A. riots in 1992 spurred the resignation of LAPD Chief Daryl Gates and an overhaul of the department, including years of federal oversight to monitor racial profiling and police brutality.

What was once a

culture of low morale and a code of silencewithin a police force that had been scandalized even further by the O.J. Simpson murder trial was turned on its head under the leadership of former LAPD Chief William Bratton.His emphasis on community-based policing and crackdowns on excessive use of force brought murders down to 297 in 2011, the lowest they’ve been in more than 40 years, according to KABC-TV in Los Angeles.

“The culture of the Los Angeles Police Department has been transformed,”

Erwin Chemerinsky, a professor and the founding dean of the School of Law at the University of California-Irvine, told KABC-TV.Bratton has since gone on to advise the police forces of other major cities

including London,where he now serves as a consultant to police after he city’s spate of riots last year.But 20 years after the 1992 acquittal of the LAPD officers ignited days of deadly riots in Los Angeles, Jackson said, the shooting of Trayvon Martin shows that race relations are still far from where they should be.

The NYPD, for example, has come under increasing criticism for its stop-and-frisk program, in which it detained more than 685,000 people in 2011, the majority of them young blacks and Hispanics,

according to the New York Civil Liberties Union. That’s up from about 97,300 stop-and-frisk incidents back in 2002.Jackson said the persistent present-day bias is also reflected by the

8,000 blacks killed in the United States each year.“It isn’t just the police,” he said. “Our concern now, of course, is too much racially-targeted violence.

“We had a redemptive moment with President Barack Obama’s election,” Jackson said.

But contrary to King’s “resounding appeal for us to get along,” he said, “it seems that we’re not.”


ABC News radio contributed to this report.

Whatever redemptive moment may have existed, I don’t concede it did exist, it was extinguished when President Obama accepted the Nobel Peace Prize while waging the two murderous wars of his murderous predecessor. That unpleasantness aside, I have yet to see in the news reports any evidence of George Zimmerman being racially motivated on that terrible night. He mentored young blacks. The FBI tried hard and found no evidence of hate crime. I wish to God that Jackson, Sharpton, US Attorney General Holder and President Obama would take out after Florida’s Stand Your Gound Law. As I wrote in yesterday’s Rodney King found dead – Martin-Zimmerman implications, Florida’s Stand Your Ground Law under scrutiny post, a strong argument can be made for the law being unconstitutional because the law is subjective, left up to individual Florida judges to determine whether or not it applies. Florida trial judges are all over the map in their rulings on the law. The law is an abomination, created by conservative Republican Florida Legislators, some of whom were blacks, including the current Lieutenant Governor. Throughout Florida, trial judges, state attorneys and defense attorneys are blasting the Stand Your Ground Law. Hello, Governor Scott. Hello Florida Legislature. Are you folks up there in Tallahassee listening? Or, are you so whored out to the National Rifle Association and its political clout that you can’t close your wide-spread legs and behave like responsible adults? Probably, thus sadly, a rhetorical question.

 
A part of the transcript of Zimmerman’s 911 call keeps coming to me. The part where Zimmerman told the police dispatcher that the person he was following had started running, and Zimmerman said something like, “they always get away.” In this mind, Zimmerman already had tried and convicted the person who was running. Zimmerman was armed. Despite the dispatcher telling him to stand down, Zimmerman kept following Martin because he did not want him to get a way. Self-deputized Zimmerman. Vigilante Zimmerman. That’s how I would pitch it to the judge at a stand your ground law hearing, if I were the Special Prosecutor. That’s how I would pitch it to the jury, if I were the Special Prosecutor. Out of his own mouth, in the 911 call, Zimmerman waived his 5th Amendment right to not incriminate himself.

Sloan Bashinsky, ex-lawyer

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

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