User:Nathanfielder/Trial of George Zimmerman

Pre-trial

At a pretrial hearing on April 12, Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause. After Seminole County Circuit Judge Jessica Recksiedler removed herself, Kenneth Lester Jr. took the case upon himself as its judge. At a pretrial hearing on April 12, Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause. Court documents, including witness statements and other information, were sealed at the request of the defense team, and Zimmerman's arraignment was scheduled for May 29. Zimmerman took the witness stand at a bail hearing on April 20 and told the parents of Martin he was "sorry for the loss of your son". Zimmerman was released on a $150,000 bond and was fitted with an electronic monitoring device for monitoring his whereabouts in real-time. Zimmerman's attorney waived Zimmerman's right to appear at the arraignment and entered a not guilty plea on his behalf.

Defense plans for pretrial immunity hearing and result

Under Florida law, the use of deadly force against an attacker is permissible in certain situations. The adoption of the Stand Your Ground law in 2005 modified the self-defense law so that a person who reasonably believes they must use deadly force to prevent serious injury to themself may lawfully do so without first attempting to retreat from an attacker; prosecution for using deadly force in such situations is prohibited. A defendant in a homicide case who claims to have acted in self-defense may petition the court to grant the defendant immunity from prosecution under these provisions of the law. Legal experts say that in a pretrial immunity hearing, the burden of proof is on the defendant to show from "a preponderance of the evidence" that they acted lawfully, whereas in a trial by jury the burden of proof is on the prosecution, who must show "beyond a reasonable doubt" (a much higher standard than required for establishing "a preponderance of the evidence") that the defendant acted unlawfully. It was this statute which enabled George Zimmerman to initially be released from the police after the shooting, considering Zimmerman had been justified by the law to protect himself and there was no evidence to counter his claims: Zimmerman was legally prohibited from arrest.

On August 9, 2012, Zimmerman's attorney, Mark O'Mara, announced that the defense team was planning to present their case to the judge at an immunity hearing before going to trial in order to request that the case be dismissed under the protection from prosecution provided for by the state's Stand Your Ground law. At a press conference held the following week, O'Mara said that "the facts don't seem to support a 'stand your ground' defense". He said that rather than seeking to have the charges dropped based on Stand Your Ground-law immunity, the defense team would ask at the pretrial hearing that the case be dismissed on the basis of immunity from prosecution provided for in traditional self-defense cases. In April 2013, on the advice of his attorneys, Zimmerman waived his right to a pretrial immunity hearing, and the court began preparations for the case to be tried by a jury. O'Mara would later say, after the trial had concluded, that he had not relied during the trial on the Stand Your Ground provision of the law because Zimmerman had not had an option of retreating. O'Mara would also say that he ultimately had not sought a pretrial immunity hearing because his case for defense would have been revealed during the hearing to the prosecution, which would have put the defense team at a disadvantage had the immunity request been denied and the case proceeded to trial.

Discovery evidence

In May 2012, the defense received the first round of discovery evidence: 67 compact discs, a list of witnesses that included 50 possible law enforcement officers, 28 officers from the Sanford Police Department, 28 civilian witnesses, members of Martin's family, two of Zimmerman's friends and his father, Robert Zimmerman. Also listed as potential prosecution witnesses were technicians in biological and DNA evidence, trace evidence, gunshot residue, fingerprints and firearms, two FBI agents, and two audio technicians who analyzed the emergency calls made during the confrontation to determine who was heard screaming in the background. Additional evidence released were audio and video recordings, photos, witness statements, forensic findings, Martin's autopsy report, evidence taken from Zimmerman after the shooting – his weapon, bullets, clothes, a DNA sample, medical records and his cell phone data.

In June 2012, the prosecution released recordings of two 911 calls placed by Martin's father the morning after the shooting. In the calls, Mr. Martin expressed worry that his son had not returned home, and inquired about filing a missing person report. Additional discovery released was a report containing the results of Zimmerman's voice stress test,and Zimmerman's account of the events and written statements. The defense also released audio and video recordings of Zimmerman's police interviews and re-enactment following the shooting.

In July 2012, evidence released included: FBI interviews with people involved in the case, including Sanford police officers, family, friends and associates of Zimmerman. Also released were photos of Martin's bloodied sweatshirt and hoodie with a single bullet hole and several phone calls made by Zimmerman to Sanford police to report suspicious activity in the six months leading up to his encounter with Martin.

In August 2012, the State's 6th Supplemental Discovery included 76 pages containing the audio statement from witness 31, three photos taken by witness 13 at the scene showing the back of Zimmerman's head, a flashlight on the ground, the FDLE report with analyst's notes, emails from the Sanford Police Department, copies of Tracy Martin's 911 call reporting his son missing and Zimmerman's Seminole County Sheriff's Office Academy application.

In September 2012, the DNA report on the gun used in the shooting was released with only Zimmerman's DNA being found on the gun, no trace of Martin's.

On October 19, Judge Nelson granted the defense's request for access to Martin's school records, cell phone records, and social media (such as Facebook and Twitter) posts. In her ruling, Nelson said that Zimmerman's attorneys needed to know whether Martin's school records and social media postings revealed any evidence that he had had violent tendencies.Martin's parents said the defense's request for school records and social media was a "fishing expedition" aimed at attacking their son and an attempt to assassinate his character. She also ruled that Zimmerman's medical records be provided to prosecutors. Nelson said she would review the medical records and decide whether anything should be withheld.

The defense additionally requested from ABC News and reporter Matt Gutman all recordings, notes and correspondence related to Witness Number 8, Trayvon Martin's friend who said she was speaking with Martin by phone just before he was shot. O'Mara's motion stated the call lasted more than 26 minutes and the recording they received from the authorities was only 12 minutes, 44 seconds long.

On December 3, 2012, defense attorney Mark O'Mara stated that he was "frustrated" that in the original discovery, a grainy black-and-white photo of Zimmerman had been substituted for the original color photo of Zimmerman's bloody nose. Criminal attorney David Wohl said the submission of the copy "borders on prosecutorial misconduct".

Admissibility of evidence

Judge Nelson ruled that Martin's school records, history of marijuana use, fights, and photos and text from the teen's phone should not be mentioned during the trial. The judge did say that she might change her mind during the trial if the subjects become relevant.

Zimmerman's attorneys had requested a Frye hearing regarding the admissibility of the testimony of the audio analysts, to determine if the methods used by them were generally accepted by the scientific community. At the time of the hearing, Florida used the Frye standard.

On June 22, 2013, Judge Nelson ruled that the audio experts would not be allowed to testify at Zimmerman's trial. The prosecution wanted to use voice experts that had been hired by lawyers and news organizations to analyze the 911 calls recorded during the confrontation to determine whether it was Martin or Zimmerman yelling for help. The experts arrived at mixed conclusions. The judge said in her ruling, "There is no evidence to establish that their scientific techniques have been tested and found reliable." Her ruling didn't prevent the 911 calls from being played at trial. Additionally, over the course of the case Florida switched to the Daubert standard, effective July 1. The Daubert standard is a more modern standard that considers several factors (not just general acceptance in the scientific community) in determining admissibility of expert testimony.

On July 8, Judge Nelson ruled that the defense could tell the jury that Martin had a small amount of marijuana in his system at the time of his death. Assistant State Attorney John Guy argued that it was a backdoor attack on Martin's character, while defense attorney Don West argued that an expert would tell the jury that the amount was enough to create "some level of impairment". Although admissible, the defense ultimately did not present this information to the jury, and it was not put into evidence.

On July 11, 2013, Special Prosecutor Angela Corey fired Ben Kruidbos, the information technology director for the State Attorney's office, for alleged misconduct and violations of "numerous state attorney's office policies and procedures." Kruidbos had alleged in a pre-trial hearing that the prosecutors had failed to provide full discovery to Zimmerman's defense team as required by law.

On June 24, 2013, the prosecution delivered their thirty-minute opening statement. Prosecutor John Guy began by quoting remarks made by Zimmerman during the non-emergency call: "Fucking punks, these assholes always get away." The prosecution's statement focused on the lack of evidence of bodily harm to both Zimmerman and Martin, and portrayed Zimmerman as a liar who would be contradicted by witnesses and evidence. Guy also compared Zimmerman's and Martin's physical size, and commented on how small Martin was. The prosecution said Zimmerman was a "wannabe cop" who had participated in martial arts training, that he was looking for "people who didn't belong," and that he profiled Martin as "someone about to commit a crime in his neighborhood."

Image taken of Zimmerman's injuries after the shooting.

Image taken of George Zimmerman's injuries after the shooting.

Dr. Valerie Rao, a medical examiner who reviewed video and photographs of Zimmerman's injuries, testified that she thought Zimmerman's wounds were "insignificant" and "non-life threatening." She said that Zimmerman's head might have only hit the concrete a single time and the injuries were so minor that they were not consistent with grave force.

Public response

The shooting and trial regarding Trayvon Martin and George Zimmerman became highly controversial and publicized, embarking national public discourse regarding racial profiling, gun control, and justice systems. The media pontificated upon certain aspects of the case and shooting, resulting in certain narratives; there were a plethora of opinions, protests, and propaganda which perpetuated national debate and outrage.

For the verdict

Some supporters of Zimmerman were pleased with the non-guilty verdict. Supporters were also outside the courthouse in Sanford, Florida, rejoicing the not guilty verdict. Some supporters at the courthouse said the jury made the right decision because they felt that Zimmerman shot and killed Martin in self-defense.

However, despite acceptance or understanding of the verdict, many (supporters or non-supporters of Zimmerman) were displeased with George Zimmerman's actions: Zimmerman was heavily criticized for his potentially racist ambitions, due to interpreters depicting his intentions as racial profiling, whether or not he ultimately had to act in self-defense. A few variations regarding the definition of racial profiling include the notion that suspects are identified and approached due to physical, behavioral, psychological, or unwarranted factors such as race.

On the eve of the verdict, criminal law experts interviewed by CNN agreed that acquittal was likely. Christopher Darden, trial prosecutor in the O. J. Simpson murder case, said the prosecution's case lacked evidence: "[J]ust about everything the prosecution has asserted in this case has been addressed by the defense and refuted. ... [Y]ou have to wonder if you're a juror sitting on this case, why was this prosecution brought in the first place? ... I mean, there are just huge, huge holes in the prosecution's case." Criminal defense attorney Diana Tennis agreed, saying in part: "[W]e have a rule of law, we have a very high burden in criminal cases for a reason, no matter what the color of any party and in the USA you don't get convicted typically on evidence that is not better than this."

Attorney and former Court TV anchor Jami Floyd told BET, "It is clear that George Zimmerman pursued Trayvon Martin and that he shot him. But it boils down to the question of who threw the first punch. There are only two people who could answer that question, and one of them is dead."

Alan Dershowitz told the BBC that the verdict was "right" since there was "reasonable doubt" as to Zimmerman's guilt.In regards to the prosecution, he said to Mike Huckabee: "She (State Attorney Angela Corey) submitted an affidavit that was, if not perjurious, completely misleading. She violated all kinds of rules of the profession, and her conduct bordered on criminal conduct. [...] Halfway through the trial she realized she wasn't going to get a second degree murder verdict, so she asked for a compromised verdict, for manslaughter. And then, she went even further and said that she was going to charge him with child abuse and felony murder. That was such a stretch that it goes beyond anything professionally responsible. She was among the most irresponsible prosecutors I've seen in 50 years of litigating cases, and believe me, I've seen good prosecutors, bad prosecutors, but rarely have I seen one as bad as this prosecutor."

ABC chief legal affairs anchor Dan Abrams called it "the right legal verdict". He said the prosecution had a tough case from the start, and, "as a legal matter, I don't see how they [the jury] could have reached another verdict, considering how the law works with regard to self-defense".

Former President Jimmy Carter said the jury made the "right decision" based on the evidence presented by the prosecution. Carter said, "It's not a moral question, it's a legal question and the American law requires that the jury listens to the evidence presented."

President Obama said after the verdict that "we are a nation of laws, and a jury has spoken. I now ask every American to respect the call for calm reflection from two parents who lost their young son."

After the trial, as calls to prosecute Zimmerman for an alleged federal civil right violation were heard, The Los Angeles Times editorial board wrote that such a move was unwarranted by the evidence and could amount to double jeopardy: "[Zimmerman] shouldn't have assumed that Martin was up to no good, and he shouldn't have pursued him after a police dispatcher warned him not to. And yet not every tragedy or bad judgment is proof of a crime, much less a federal civil rights violation."

Against the verdict

Supporters of Trayvon Martin protested outside the courthouse, accompanied with chants and cries for justice. Some supporters of Zimmerman were not pleased with the verdict, considering they had felt that the prosecution had failed to prove their case beyond a reasonable doubt. The trial has been referred to by some as a "failed prosecution," in the sense that the prosecution should have approached their case differently in order to constitute justice. Critics have speculated that the prosecution had overcharged George Zimmerman, and had Zimmerman's prosecution presented a lesser charge such as felony stalking second to the second degree murder, Zimmerman's verdict may have differed, appeasing and satisfying those who had felt Zimmerman had got off easy while justice is served.

Martin's father, Tracy Martin tweeted after the verdict was announced: "Even though I am broken hearted my faith is unshattered I will always love my baby Tray."

Civil rights leader Jesse Jackson said that he was stunned by the decision and that the Department of Justice must intervene to take it to another level. Benjamin Jealous, president of the NAACP, said that he had spoken to senior justice officials about pursuing federal civil rights charges against Zimmerman. Al Sharpton said the verdict was a "slap in the face to the American people" and urged action by federal officials.

Musician Stevie Wonder told a concert audience in Canada after the verdict, that he had decided, until the stand your ground law is abolished in Florida, he would never perform there again. Wonder also told the audience that he would not perform in any state or part of the world where that law exists. According to CNN, there are currently 22 states that have a version of the stand your ground law,including his home state of Michigan, and current state of California.

Media criticism

While some were dissatisfied with the verdict, others displaced their dissatisfaction towards the manner in which public sources pontificated upon aspects of the shooting and case.

As the case swept the nation an approximate 3 weeks after the Sanford Herald documented the story, publications and news sources pontificated upon certain aspects of the situation immediately; for example, some news sources determined Zimmerman had "claim[ed] self-defense" whereas others accepted self-defense as a fact regarding his actions. Additionally, Zimmerman was described as "white" despite his identification as Hispanic in certain articles without correction and Trayvon Martin "was described as a black teenager in a hoodie, which new audiences have been primed to regard as dangerous"; these details impacted depictions of the incident with no empirical evidence to support its derivative. The discrepancy involved in the incident enabled authors to fill in the blanks. For example, authors elaborated on the notion of the framing of race, in which black Americans faced unfair depictions as opposed to white Americans depicted as saviors, and so encouraging the subconscious indulgence of stereotypes unrelated to the case itself and its attributes. Additionally, others developed the idea that Trayvon Martin was exploited in order for others to gain power off of his suffering, furthering race as an artificial and divisive tool. The incident and case proves to emphasize the role in which audiences can derive biased narratives based on connotations of race, tainting evidence utilized in cases and legal matters.

Protests

Police in Oakland, California, said about one hundred people protested, with some protesters breaking windows and starting fires in the streets. Protesters there also reportedly vandalized a police car, burned an American flag and a California state flag, and spray-painted a county courthouse. Other protests in support of the Martin family occurred in Washington, D.C., Los Angeles, San Francisco, Chicago, Denver, Baltimore, Detroit and New York City, among others.

In response to the acquittal of Zimmerman, protests through a multitude of forms emerged, including films and documentaries, social media posts, and non-violent and violent rallies.

Black Lives Matter

Trayvon Martin's death can be analyzed as a catalyst incident for the Black Lives Matter movement. The term "Black Lives Matter" was mainly integrated into social literature through hashtags on Twitter in response to the acquittal of Zimmerman, and has now grown in its prevalence and significance politically. In simple terms, Black Lives Matter can be described as an activist movement in which supporters strive for equality, liberation, and justice of black people. The organization has continued to acknowledge issues of racial inequality and acknowledge widespread police murders including Breonna Taylor, George Floyd, Ahmaud Arbery and numerous others. The effects of BLM has been paralleled by countries around the world, shifting police brutality into the public eye and requiring reflection regarding the multitude of fields it impacts including economics, morality, and equality. In terms of Trayvon Martin and George Zimmerman, it enabled an outlet in which protestors could demand justice and disseminate a social power and strength within communities, with its participants perpetrating a widespread call-to-action through these protests and conventions. The Black Lives Matter movement has been referred to by some as the largest social movement in U.S. history.

Analysis and reflection

In order to utilize the shooting and case as education, officers and leaders engage in interconnected strategies which incorporate psychological and political concepts to better their systems. The death of Trayvon Martin and trial of George Zimmerman has encouraged reconsideration of certain policing implications and enforced structures in order to prevent a similar incident and thus political outcry. For example, Chief Joseph H. Lumpkin develops enforcements which encourages meaningful reflection of the case, including representative bureaucracy, community-oriented policing (COP), and means for successful recruitment, motivations and training of police officers. Representative bureaucracy emphasizes the representation of various groups actively regardless of demographic characteristics, COP focuses on remaining engaged in a community's needs and collaboration between police and citizens, and training of police officers entails the ongoing attention and educational support for continuous learning of police officer's and their duties.

The shooting also highlighted the significance of Florida's Stand Your Ground law, in which encouraged reflection towards the law and its efficiency: there have been efforts to reform the legislation in order to enforce the notion that a person must attempt to retreat from their situation safely before in order to promote "de-escalation" in these conflicts. However, it is not widely adopted that people want this notion reformed, and continues to remain the topic of gun control conversations and public discourse nationally.

In all political and social fields, the trial encouraged a reflection of a nation and its systems, implications, and enforcements of justice.

Article Draft

References

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