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Donald Ian Rankin

(13,598 posts)
Mon Jul 15, 2013, 05:34 PM Jul 2013

The jury was absolutely right

1: The law, as I understand it.

*Following someone down a street, for whatever reason, good or bad, is legal.
*Ignoring a request from a police dispatcher is legal.
*Confronting someone because they are following you is legal.
*Physically attacking someone is not legal, even if they have just been following you or just confronted you aggressively for following them.
*Shooting someone because they are physically attacking you is legal.
*Shooting someone you have physically attacked because you are losing the fight is not legal.

2: A basic principle

*Only people who are proven beyond reasonable doubt to have broken the law should be sent to prison.

3: In this case:

*Zimmerman claims that he was following Martin, who then confronted and attacked him, and was on top of him and banging his head against the ground at the point he fired.
*If that is indeed the case (and, of course, it may not be), the only person there would be any ground for bringing charges against would be Martin.
*To argue rationally for the conviction of Zimmerman, you either have to argue that it can be shown beyond reasonable doubt that he is lying, or to argue that if his story is true he is guilty of a crime.

4: If you are certain beyond reasonable doubt that Zimmerman is lying:

*There isn't very much evidence either way. That means that the accused gets the benefit of all doubts. In this case that's Zimmerman; if Martin has survived and been accused of assault then it would work the other way.
*There is camera footage of damage to the back of Zimmerman's head. I think that's pretty conclusive proof that at some point Martin banged it against the ground, although of course it doesn't prove that it was he who initiated the fight, or that he was doing so at the point he was shot.
*But Zimmerman didn't had to prove that; the burden of proof is on the prosecution. Zimmerman's story is not corroborated, but nor is it implausible, let alone beyond reasonable doubt.

5: If you think that even if Zimmerman is telling the truth that still constitutes a crime.

*It doesn't.
*Self defence is an admissible defence.
*If you want to argue that it *should* constitute a crime to shoot a crime to shoot an unarmed 17-year-old who is launching a moderately serious physical assault on you after you have provoked him, that's a whole different argument. I don't think that it should, I think that it's absolutely not okay to physically attack people, ever, and that pretty much no non-physical provocation (counting threats of physical violence as physical) justifies it, but it's a legitimate debate. But there can be no debate about the fact that, at present, it doesn't.
*There's also a case to be made that the burden of proof in an affirmative defence should be different to when simply claiming innocence. Again, it's a legitimate position, but not one I share, and not the case at present in Florida, I believe (although I may be wrong). For now, my understanding is that in Florida if I murder you in cold blood, claim it was self defence, and no-one can prove otherwise beyond reasonable doubt, the jury should acquit me, and I think that's the right side to err on.

6: Conclusion.

*It may be - it may well be - that an innocent man has been killed and his killer has gotten away with it. But, also, it may well be that that Martin was killed as a result of physically attacking someone whose only "crime" was to follow him down the street - which, while a tragedy, is absolutely not a crime. And, given that we don't know, there was only one conclusion the jury could come to.
*I think it's reasonable to question why Zimmerman was prosecuted in the first place - was it because the prosecutors genuinely felt there was enough evidence to prove his guilt, or was it - as I suspect - because it would have been wildly unpopular not to?

124 replies = new reply since forum marked as read
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The jury was absolutely right (Original Post) Donald Ian Rankin Jul 2013 OP
BULLSHIT MotherPetrie Jul 2013 #1
wow... what an articulate and well thought out rebuttal... n/t ProdigalJunkMail Jul 2013 #70
Pffft. MotherPetrie Jul 2013 #75
It was the rebuttal the OP deserved Hugabear Jul 2013 #124
+1000000 forestpath Jul 2013 #107
Oh dear. Why? Ninga Jul 2013 #2
Ive been avoiding DU since the verdict because of bullshit like this. bunnies Jul 2013 #3
Waaaaaaaay to soon... Agschmid Jul 2013 #41
Message auto-removed Name removed Jul 2013 #4
at least its a better mstinamotorcity2 Jul 2013 #11
Was this argument as to how the head wounds occurred put into evidence? onenote Jul 2013 #13
Message auto-removed Name removed Jul 2013 #36
Welcome to DU! Thanks for your great post. John1956PA Jul 2013 #25
The jury came to the only conclusion they Rex Jul 2013 #5
The defense only had to put forward evidence, not proof. onenote Jul 2013 #20
That is interesting. Rex Jul 2013 #38
What about John Good's eyewitness testimony? GreenStormCloud Jul 2013 #99
Considering Zimmerman turned down medical attention Rex Jul 2013 #109
Witness and police arrived too quickly for Z to inflict the wounds on himself. GreenStormCloud Jul 2013 #112
Nice guess, do you enjoy guessing and then pretending Rex Jul 2013 #113
Check out the testimonies: GreenStormCloud Jul 2013 #114
Bullshit. Fact: Once a person has lied, as Z did repeatedly the jury has the right to Vincardog Jul 2013 #6
When did Zimmerman testify under oath? onenote Jul 2013 #17
In several of his recorded statements to the police Vincardog Jul 2013 #19
Someone can correct me if I'm wrong, but statements made to the police are not made under oath. onenote Jul 2013 #21
Or suddenly expected to tell nothing but the truth lunatica Jul 2013 #72
If only such statements could be used against him in a court of law Orrex Jul 2013 #111
simple people mstinamotorcity2 Jul 2013 #7
What a shock. Egalitarian Thug Jul 2013 #8
Gee thanks for weighing in Donald. redwitch Jul 2013 #9
the Colored Boy JI7 Jul 2013 #10
+ AtomicKitten Jul 2013 #73
Check yourself before I unrec yourself Blue Owl Jul 2013 #12
Wow. zappaman Jul 2013 #14
Me, too wryter2000 Jul 2013 #53
Ha! zappaman Jul 2013 #54
Thanks wryter2000 Jul 2013 #56
I agree!!! Times 100! Fringe Jul 2013 #115
...and if our system has been reduced defacto7 Jul 2013 #15
You're quite mistaken. GeorgeGist Jul 2013 #16
I am starting to see some pointy hats HipChick Jul 2013 #18
Yes, they've been lurking in the shadows Eddie Haskell Jul 2013 #44
You are working on the assumption that Zimmerman avebury Jul 2013 #22
No, actually I'm not. Donald Ian Rankin Jul 2013 #24
... alcibiades_mystery Jul 2013 #23
Gosh, your callously technical argument makes everything so much better Scootaloo Jul 2013 #26
Message auto-removed Name removed Jul 2013 #27
So why did the state with unlimited resources not ceonupe Jul 2013 #65
prosocutors. The em fact the were using them let's you know they had a weak case. HangOnKids Jul 2013 #98
People defend the jury as if people's outrage is going to change the outcome. AllINeedIsCoffee Jul 2013 #28
+1 Tien1985 Jul 2013 #85
How do you know Martin attacked Zimmerman? DCBob Jul 2013 #29
Answered in the post you're replying to N.T. Donald Ian Rankin Jul 2013 #40
So you know Martin attacked Zimmerman?? DCBob Jul 2013 #64
Since I say, explicitly, in the post you're answering, that I don't, this puzzles me. Donald Ian Rankin Jul 2013 #90
People find comfort in that being a fact... FarPoint Jul 2013 #102
Unrec. City Lights Jul 2013 #30
Trayvon's trial is over! Move on leftstreet Jul 2013 #31
You're absolutely wrong. Apophis Jul 2013 #32
It MAY... Have Been The Law... But It Certainly Was NOT JUSTICE !!! WillyT Jul 2013 #33
you forgot something KT2000 Jul 2013 #34
Sort of. Donald Ian Rankin Jul 2013 #43
As I understand it, KT2000 Jul 2013 #58
No, it's the reasonable man standard.. X_Digger Jul 2013 #83
NO. He did NOT have the right to hit Zimmerman. GreenStormCloud Jul 2013 #86
I'm not so sure KT2000 Jul 2013 #88
That murder-line is the intended money-shot of your post Anansi1171 Jul 2013 #35
yes, you can kill a child with a gun at will. yes, the jury was right. spanone Jul 2013 #37
Message auto-removed Name removed Jul 2013 #48
bite me spanone Jul 2013 #60
Message auto-removed Name removed Jul 2013 #74
Message auto-removed Name removed Jul 2013 #66
If that "child" is a 17-year old launching a serious criminal assault, then yes you can. Donald Ian Rankin Jul 2013 #97
there is absolutely NO evidence that martin "attacked" zimmerman noiretextatique Jul 2013 #39
Which would be important to bring up if Martin were being tried for assault. Donald Ian Rankin Jul 2013 #45
this is a key element of his self-defense claim noiretextatique Jul 2013 #61
Police failing to properly investigate ceonupe Jul 2013 #68
This diatribe extolling billh58 Jul 2013 #42
You have more confidence in the facts than the evidence supports. Donald Ian Rankin Jul 2013 #47
Of course you billh58 Jul 2013 #49
Your observation doesn't make any sense IL Lib Jul 2013 #57
all the defense team did was play on racial stereotypes and fears noiretextatique Jul 2013 #62
Based on the prevailing law Crepuscular Jul 2013 #46
I agree. Captain Stern Jul 2013 #50
The suspect did not get away this time. JoePhilly Jul 2013 #51
Idiotic nonsense. reusrename Jul 2013 #52
you don't get to make up your own jury instructions TorchTheWitch Jul 2013 #55
That is quite correct, I don't. N.T. Donald Ian Rankin Jul 2013 #91
then why did you? TorchTheWitch Jul 2013 #118
Thats a load. jessie04 Jul 2013 #59
LOL, trying to start a fight I assume. n-t Logical Jul 2013 #63
Bullshit. 99Forever Jul 2013 #67
Your analysis is factually correct. NaturalHigh Jul 2013 #69
Yeah... what a fight. jessie04 Jul 2013 #71
#5 Self defense is an admissible defense. VIDEO Doremus Jul 2013 #76
Watch the juror on AC360- they abdicated their responsibility to consider bettyellen Jul 2013 #77
"Martin was killed as a result of physically attacking someone whose only "crime" was to follow him" Yavin4 Jul 2013 #78
Please read before commenting. Donald Ian Rankin Jul 2013 #93
Zimmerman was clearly lying treestar Jul 2013 #79
*Shooting someone you have physically attacked because you are losing the fight is not legal. Sparkly Jul 2013 #80
You're "supposed" not to be certain BRD that he wasn't. Donald Ian Rankin Jul 2013 #94
I seriously don't know why you're bothering explaining yourself brett_jv Jul 2013 #120
Walking through a neighborhood with candy is legal. Agnosticsherbet Jul 2013 #81
If "protecting yourself from someone who is following you" = taking a swing at, then no, not legal. X_Digger Jul 2013 #84
Florida declared hunting season on black kids. Agnosticsherbet Jul 2013 #122
No, "protecting yourself" by attacking someone is absolutely 100% illegal in most circumstances. Donald Ian Rankin Jul 2013 #95
"Lynching" is both a wholly inappropriate and woefully ironic term for you to have used here. stranger81 Jul 2013 #100
When this much verbiage has to be typed to understand the situation there is some stretching going Lint Head Jul 2013 #82
You're ignoring the fact TM was a minor. FourScore Jul 2013 #87
Martin was 17 - hardly a child, despite the out-of-date photos I've seen bandied around. Donald Ian Rankin Jul 2013 #96
I didn't say "child", I said "minor". FourScore Jul 2013 #105
Wtf? IL Lib Jul 2013 #121
You'll never penetrate the emotional response that COLGATE4 Jul 2013 #89
post of the day Niceguy1 Jul 2013 #101
Your spelling skills are straight from Free Republic RandiFan1290 Jul 2013 #104
another of the usual suspects heard from HiPointDem Jul 2013 #92
an innocent teenager is dead because of the reckless actions of Zimmerman Skittles Jul 2013 #103
The jury got it wrong Blue_Tires Jul 2013 #106
Maybe one or more had a political agenda... jessie04 Jul 2013 #117
I think the jury got it wrong. You know the rule is beyond "reasonable doubt" not any doubt. DCBob Jul 2013 #108
That's Juror B37 for you on line 2. She's so glad you understand. (nt) Paladin Jul 2013 #110
The jury was wrong and racist. Fringe Jul 2013 #116
Oh god ... you're serious etherealtruth Jul 2013 #119
Holy fuck, what a festering pile of codswallop... RetroLounge Jul 2013 #123
 

bunnies

(15,859 posts)
3. Ive been avoiding DU since the verdict because of bullshit like this.
Mon Jul 15, 2013, 05:38 PM
Jul 2013

I see I came back too soon. How long till the grave-dancing's done? Anyone know?

edit: Nice touch removing the "lynch mob" part of your title. Just in time.

Response to Donald Ian Rankin (Original post)

mstinamotorcity2

(1,451 posts)
11. at least its a better
Mon Jul 15, 2013, 05:44 PM
Jul 2013

narrative than the prosecution told. I felt like he had hit himself with the flashlight.

Response to onenote (Reply #13)

John1956PA

(2,659 posts)
25. Welcome to DU! Thanks for your great post.
Mon Jul 15, 2013, 06:14 PM
Jul 2013

I agree with all of our points.

The scene of the struggle seems to have been some distance from the curb, which would nullify Z's claim that his head was being smashed against it.

Also, if Z grabbed Trayvon's clothing and pulled Trayvon close to him, that would explain why gun powder residue appeared on Trayvon's clothing.

 

Rex

(65,616 posts)
5. The jury came to the only conclusion they
Mon Jul 15, 2013, 05:40 PM
Jul 2013

could understand, evidently.

Despite that, it is a crime to stalk and kill someone. This was a needless shooting. To say no crime was committed here, is to avoid the fact that one party is dead from a gunshot wound to the heart.

There is no proof that Martin need to be killed. There is no proof that Zimmerman needed to defend himself with a gun.

onenote

(42,782 posts)
20. The defense only had to put forward evidence, not proof.
Mon Jul 15, 2013, 05:52 PM
Jul 2013

It was the state's burden to put forward proof. Unless and until the law is changed in that regard, that's the way it is in Florida and many many other states.

Interesting note about Stand Your Ground that most people probably don't realize (I didn't learn this until a short while ago and don't recall seeing it):

If a defendant wants to assert immunity from prosecution under the Stand Your Ground provision, the defendant has to ask the court for a pretrial hearing on the issue and, unlike the burden of proof during a jury trial, the burden of proof in this pretrial hearing is on the defendant (by a preponderance of the evidence).

Which may explain further why Zimmerman's defense team decided to waive the pretrial hearing on SYG (before a judge, not a jury) and argue self defense (of which SYG is substantively a part) before a jury.

GreenStormCloud

(12,072 posts)
99. What about John Good's eyewitness testimony?
Tue Jul 16, 2013, 05:41 AM
Jul 2013

What about Dr. DiMiao's testimony? You are simply throwing away the testimony that you don't like.

 

Rex

(65,616 posts)
109. Considering Zimmerman turned down medical attention
Tue Jul 16, 2013, 02:27 PM
Jul 2013

and his wounds could have easily been self inflicted, I will say the same thing about you.

GreenStormCloud

(12,072 posts)
112. Witness and police arrived too quickly for Z to inflict the wounds on himself.
Tue Jul 16, 2013, 03:49 PM
Jul 2013

Plus one witness was watching the entire time. Any attempt to inflict the injuries on himself would have been seen. Further, you have absolutely no evidence at all that the wounds were self-inflicted. You are unable to let go of your hatred.

You still haven't said anything about John Good's and Dr. DiMaio's testimony.

That he turned down going to the hospital does not mean he wasn't defending himself. Self-defense isn't about the wounds you have already received, it is about preventing future wounds that you resonably fear will be severe.

GreenStormCloud

(12,072 posts)
114. Check out the testimonies:
Tue Jul 16, 2013, 05:12 PM
Jul 2013

Jonathon Manalo, prosecution eyewitness,

First few minutes of testimony. Upon hearing the shot he immediately went outside via the garage, grabbing a flashlight on the way through the garage. He arrived on scene within seconds of the shot.

Jeanne Manalo, prosecution eyewitness,
First 18 minutes of testimony. She saw the person on top hitting the person on bottom, saw John Good come out, turned away from fight, heard shot, immediately began watching again, watched her husband approach Z.

Jayne Surdyka, prosecution eyewitness,
Observed entire event, including Manalo approach Z.

Selma Mora, prosecution eyewitness,
Heard shot, stepped outside to watch, saw entire event after shot, approaqched Z right after the shot.

Jonathon Good, prosecution eyewitness,
He is the one who stepped out his door and spoke to the them during the fight. His 911 call is played, and he tells the operator that there are guys fighting, then the shot, and in less than 10 seconds he says that there is a guy with a flashlight on the scene. Time 23:00. He is watching through his glass doors.

That is five eyewitness that watched it all. None of them report Z inflicting injuries on himself. Z has only about ten seconds to do so, and even in those ten seconds he is being watched. Your lie of self-inflicted injuries fails. You are the one making stuff up. I refer to eyewitness testimony to support what I say. I don't need to make stuff up. Notice that I used only prosecution witnesses.


Vincardog

(20,234 posts)
6. Bullshit. Fact: Once a person has lied, as Z did repeatedly the jury has the right to
Mon Jul 15, 2013, 05:41 PM
Jul 2013

consider everything he said to be a lie,.

Your argument is full of assumptions and draws conclusion evidently preordained.

onenote

(42,782 posts)
17. When did Zimmerman testify under oath?
Mon Jul 15, 2013, 05:48 PM
Jul 2013

And while its true that a juror can elect to reject all of a witness' testimony as not credible, it can also choose to believe some of it, even if it doesn't believe all of it.

onenote

(42,782 posts)
21. Someone can correct me if I'm wrong, but statements made to the police are not made under oath.
Mon Jul 15, 2013, 05:55 PM
Jul 2013

I've never heard of someone arrested or taken into custody being asked to swear to tell the truth when questioned by the police.

lunatica

(53,410 posts)
72. Or suddenly expected to tell nothing but the truth
Mon Jul 15, 2013, 07:56 PM
Jul 2013

Anyone expecting someone committing a crime to voluntarily spill their crime to the police is an idiot.

Fringe

(175 posts)
115. I agree!!! Times 100!
Tue Jul 16, 2013, 05:29 PM
Jul 2013

Last edited Tue Jul 16, 2013, 06:01 PM - Edit history (1)

I can't believe that in 2013 that it is legal to hunt down and shoot someone.

defacto7

(13,485 posts)
15. ...and if our system has been reduced
Mon Jul 15, 2013, 05:46 PM
Jul 2013

to this simplistic form, and if logic, evidence and reason has been excused from judgment as you state it, then the law really is an ass.

Eddie Haskell

(1,628 posts)
44. Yes, they've been lurking in the shadows
Mon Jul 15, 2013, 06:34 PM
Jul 2013

but now they've come out into the light where we can see them for what they are.

avebury

(10,952 posts)
22. You are working on the assumption that Zimmerman
Mon Jul 15, 2013, 05:56 PM
Jul 2013

is credible. As a proven pathological liar, the assumption is an invalid one. Once you determine that GZ is not credible, his story and his defense disintegrates. The verdict should have been manslaughter but at this point I am just too tired to outline the case for manslaughter. I have discussed in depth elsewhere in DU.

Donald Ian Rankin

(13,598 posts)
24. No, actually I'm not.
Mon Jul 15, 2013, 06:03 PM
Jul 2013

In the absence of enough evidence to the contrary to prove his guilt beyond reasonable doubt, his credibility or lack thereof is not sufficient ground to convict him

 

Scootaloo

(25,699 posts)
26. Gosh, your callously technical argument makes everything so much better
Mon Jul 15, 2013, 06:18 PM
Jul 2013

I'm sure Troy Martin will be putting you on his christmas card list!

Response to Donald Ian Rankin (Original post)

 

ceonupe

(597 posts)
65. So why did the state with unlimited resources not
Mon Jul 15, 2013, 07:32 PM
Jul 2013

Last edited Tue Jul 16, 2013, 07:10 AM - Edit history (1)

Get an FBI specialist to testify to this?

Reason is chances are high they would not come back with that result and that information would have to be turned over to the defense and would further strenghn their case.

Possibilities and assumptions and maybes are not words for prosocutors. But preping your star witness would have gone along way in making a stronger case

 

HangOnKids

(4,291 posts)
98. prosocutors. The em fact the were using them let's you know they had a weak case.
Tue Jul 16, 2013, 03:15 AM
Jul 2013

Can you try that again?

 

AllINeedIsCoffee

(772 posts)
28. People defend the jury as if people's outrage is going to change the outcome.
Mon Jul 15, 2013, 06:19 PM
Jul 2013

Relax, your favorite murderer is a free man until his next fuck up.

DCBob

(24,689 posts)
29. How do you know Martin attacked Zimmerman?
Mon Jul 15, 2013, 06:21 PM
Jul 2013

Its very possible Zimmerman threatened Martin first. That changes everything.

Donald Ian Rankin

(13,598 posts)
90. Since I say, explicitly, in the post you're answering, that I don't, this puzzles me.
Tue Jul 16, 2013, 02:56 AM
Jul 2013

Did you not read my post before replying to it?

FarPoint

(12,466 posts)
102. People find comfort in that being a fact...
Tue Jul 16, 2013, 06:06 AM
Jul 2013

Refusing to realize that Zimmy was never under oath when he shared his many variations of the scene. I would believe that many see a part of themselves in Zimmy...like minds; to deny him would reveal their own inner soul.

KT2000

(20,591 posts)
34. you forgot something
Mon Jul 15, 2013, 06:24 PM
Jul 2013

If Trayvon felt afraid by the way Zimmerman was following him, he had the right to hit Zimmerman. I do not think Trayvon did initiate anything but as I understand Florida law that is OK - if you are afraid.

What you described is a license to kill. The surviving person can make up any story they want. The prosecution brought out how Zimmerman is a liar but the jurors chose to ignore that. Gee - I wonder why.
I'll tell you why - its OK to kill African-Americans - children and adults.

Donald Ian Rankin

(13,598 posts)
43. Sort of.
Mon Jul 15, 2013, 06:34 PM
Jul 2013

I don't like living in a world where someone who can murder me in such a way that no-one can prove it wasn't self defence gets away with it, but since someone who can murder me in such a way that no-one can prove it was them will get away with it anyhow, self defence laws are only a marginally bigger "license to kill" than "innocent until proven guilty". And I like the idea of living in a world where I'm not legally allowed to defend myself if someone physically attacks me even less.

I'm not an expert in Florida law, but I'm willing to bet you all Lombard St to a china orange than "he was following me and I felt frightened" is not actually an admissible legal defence to physically attacking someone.

KT2000

(20,591 posts)
58. As I understand it,
Mon Jul 15, 2013, 07:19 PM
Jul 2013

if you are frightened by someone following you and fear they may harm you, shooting him with a gun is a legal defense - in Florida.
That is the Koch brothers' Stand Your Ground defense

GreenStormCloud

(12,072 posts)
86. NO. He did NOT have the right to hit Zimmerman.
Mon Jul 15, 2013, 10:21 PM
Jul 2013

Neither side had a right to hit the other first. The first one to escalate a verbal conflict into a physical one is wrong.

KT2000

(20,591 posts)
88. I'm not so sure
Mon Jul 15, 2013, 11:16 PM
Jul 2013

There was no verbal conflict here. Trayvon asked why Z was following him and there was no answer. I wonder what kind of behavior Z exhibited toward Trayvon. Did he appear weird or crazy, did he look like a potential sexual predator, did he behave aggressively or did he just saunter up to him in a neighborly way? Did he touch Trayvon? We only have Z's self glorified explanation. The juror even said "his heart was in the right place."

Kids are taught from an early age to be on the lookout for sexual predators and fighting back would be what is expected of someone Trayvon's age. If a woman does not fight back in a rape it can be called consensual. Zimmerman is a liar and he made up a story that made himself look good.

Anansi1171

(793 posts)
35. That murder-line is the intended money-shot of your post
Mon Jul 15, 2013, 06:26 PM
Jul 2013

"For now, my understanding is that in Florida if I murder you in cold blood, claim it was self defence, and no-one can prove otherwise beyond reasonable doubt, the jury should acquit me, and I think that's the right side to err on."

Feel better, now?

Response to spanone (Reply #37)

Response to spanone (Reply #60)

Response to Name removed (Reply #48)

Donald Ian Rankin

(13,598 posts)
97. If that "child" is a 17-year old launching a serious criminal assault, then yes you can.
Tue Jul 16, 2013, 03:08 AM
Jul 2013

We don't know that Martin was doing so, but nor are we anywhere *near* beyond reasonable doubt that he wasn't.

noiretextatique

(27,275 posts)
39. there is absolutely NO evidence that martin "attacked" zimmerman
Mon Jul 15, 2013, 06:30 PM
Jul 2013

only zimmerman's self-serving lies. no DNA evidence = zimmerman is a LIAR. add to that: the police FAILED to properly investigate. FEDS need to step in, just as they had to in the 50's and 60's...and for the exact same reason.

Donald Ian Rankin

(13,598 posts)
45. Which would be important to bring up if Martin were being tried for assault.
Mon Jul 15, 2013, 06:35 PM
Jul 2013

But, since Zimmerman is the one on trial, the important fact is that there's no evidence that he didn't.

noiretextatique

(27,275 posts)
61. this is a key element of his self-defense claim
Mon Jul 15, 2013, 07:21 PM
Jul 2013

and there is no physical evidence that it happened. it is totally relevant to zimmerman's claim of self-defense.

 

ceonupe

(597 posts)
68. Police failing to properly investigate
Mon Jul 15, 2013, 07:37 PM
Jul 2013

Usually means grounds for dismissal or not guilty. It's the state burden to investigate charge and prosecute.

The fact the police did not properly do their job may mean a case aginst the police but not Zimmerman he can't be held accountable for the states failures.

billh58

(6,635 posts)
42. This diatribe extolling
Mon Jul 15, 2013, 06:33 PM
Jul 2013

the virtues of the Zimmerman defense team totally misses the point of the endemic bigotry and failures of the entire legal system of Florida which not only permitted Zimmerman to get away with murder, but actually encouraged the act. SYG and CCW laws serve no other purpose than to legalize vigilantism, and give bullies like Zimmerman a license to kill.

Yes, you are correct: under the bigoted and obscene "laws" of Florida, the jury did their job. The failure began with the sloppy police work on the night of the murder, and continued through the unprofessional display of total incompetence by the prosecutors (most likely by design). Zimmerman was not originally charged with a crime until public outcry and the Federal Government demanded action. Like the asshats that they are, the "public advocates" presented an unwinnable case with a half-assed effort, and did not want to bring out the truth.

The facts remain however: Zimmerman profiled, stalked, and confronted Trayvon Martin, and not the other way around. In any sane and fair jurisdiction, Zimmerman would have been found guilty. Just because a red-necked, racist system, and the like-minded people who oversee it, made a decision to blame the hoodie-wearing black kid for his own murder does not change the obvious truth.

Donald Ian Rankin

(13,598 posts)
47. You have more confidence in the facts than the evidence supports.
Mon Jul 15, 2013, 06:37 PM
Jul 2013

Zimmerman certainly profiled and followed (if you want to use the word "stalked", it's technically accurate) Martin, but as far as I'm aware there's no proof, or even any strong evidence, that it was he who confronted Martin and not vice versa.

And I don't agree that it being legal to shoot someone who physically attacks you is "bigoted and obscene".

billh58

(6,635 posts)
49. Of course you
Mon Jul 15, 2013, 06:49 PM
Jul 2013

don't agree, or you wouldn't have posted this apologist bullshit in the first place. SYG and CCW laws are certainly bigoted and obscene, and serve no civilized purpose in our society. They aid and abet vigilantism which is the accurate description of Zimmerman's actions on that night.

Had this happened in another less bigoted jurisdiction, Zimmerman would be doing time today. Just because Florida law allows vigilantism, does not make the corrupted "whites only" verdict any more virtuous.

Now go celebrate your hero's temporary victory, and let's wait for the civil trial where true justice will be served.

IL Lib

(190 posts)
57. Your observation doesn't make any sense
Mon Jul 15, 2013, 07:19 PM
Jul 2013

In your words he "profiled & followed" (stalked) Trayvon, but it is in doubt who confronted? I wonder if that would be the case had it been your 17 year old child? Fact: An adult left their vehicle with a loaded gun and an unarmed teenager ends up dead. This isn't even a dilemma if that dead teenager is a 17 year old caucasion child with nothing more than a bag of skittles and iced tea. It's been sickening seeing people who don't have to worry about their child or themselves being profiled rationalize the murder of a 17 year old kid.

noiretextatique

(27,275 posts)
62. all the defense team did was play on racial stereotypes and fears
Mon Jul 15, 2013, 07:22 PM
Jul 2013

hardly a stellar defense, but one that still works in floriduh.

Crepuscular

(1,057 posts)
46. Based on the prevailing law
Mon Jul 15, 2013, 06:36 PM
Jul 2013

that was applied in this case and our judicial system, you are absolutely spot on in your analysis. George Zimmerman may be an absolutely horrible person but the 2nd degree murder charge was an almost impossible case to make and the prosecution did nothing to dispel the reasonable doubt that existed, based on the available evidence. Not what people want to hear but they are letting emotion, not logic, drive their opinions in regards to this case.

The same result will not occur with the William Dunn case, the two are dramatically different and I predict that Dunn will be convicted of murder, despite the racial make-up of the individuals involved in the incident.

Captain Stern

(2,201 posts)
50. I agree.
Mon Jul 15, 2013, 06:49 PM
Jul 2013

It comes down to two possibilities:

1) It happened the way Zimmerman said it happened. If it happened the way he said, he's 'not guilty'. It doesn't matter if he's a racist, or that he followed Martin, or that he was a wannabee cop, or that he had a gun, or anything else that happened before the physical confrontation. If Martin hit him first, and was straddling him and beating him when he got shot, Zimmerman is 'not guilty'. You can like the law, or not like it, but that's the way it is.

2)It didn't happen the way Zimmerman said. If it didn't happen the way Zimmerman said, the prosecution has to show that it happened a different way, beyond a reasonable doubt. If the jury thinks that Zimmerman's version is reasonably possible, they must acquit.

Personally, I don't think it happened exactly the way Zimmerman said it did. I have a problem with how far Martin's body was found from the location that Zimmerman said he was attacked (I believe it was about 40 or 50 feet). Zimmerman never said the struggle involved moving a distance. Also, I have a problem with the fact that Zimmerman told the dispatcher not to have the police meet him at his car, but rather have them call him when they got there. (according to Zimmerman's story, his car was only 40 yards away, and in his sight...the only reason I can think of to not have the cops meet him there, was because he wasn't planning on going straight to his car).

In any case, the six jurors saw all the evidence, heard all the testimony, and came to a unanimous decision. The prosecution didn't prove beyond a reasonable doubt that Zimmerman was guilty.

JoePhilly

(27,787 posts)
51. The suspect did not get away this time.
Mon Jul 15, 2013, 06:56 PM
Jul 2013

Because Zimmerman killed him.

Don't need to write a long thesis.

It's that simple.

 

reusrename

(1,716 posts)
52. Idiotic nonsense.
Mon Jul 15, 2013, 06:58 PM
Jul 2013

What possible motive could the Martin kid have to assault someone?

Really, you've obviously tried your best to think this out, so what was Martin's motive in committing this crime?

Maybe somewhere between the store and home he was bitten by a radioactive spider and the venom transformed him into a viscious murderer and Zimmerman was able to tell all this by just looking at him.

Was it something like that?

TorchTheWitch

(11,065 posts)
55. you don't get to make up your own jury instructions
Mon Jul 15, 2013, 07:10 PM
Jul 2013

or make up the law and decide that the jury came to the correct conclusion.

TorchTheWitch

(11,065 posts)
118. then why did you?
Tue Jul 16, 2013, 08:04 PM
Jul 2013

That's what your OP is. You making up the jury instructions and the law. You can't make up your own jury instructions and your own law that is not the reality in this case and then declare the jury got it right.

So why are you?

 

jessie04

(1,528 posts)
59. Thats a load.
Mon Jul 15, 2013, 07:20 PM
Jul 2013



While there is no evidence who attacked who, by reasonable inference Porky attacked TM since

A. he wasn't going to allow Them to " get away with it again"
B. he was stalking TM
C. That Rachel girl testified she heard TM yell " get off of me"


I hope Porky burns in hell.

NaturalHigh

(12,778 posts)
69. Your analysis is factually correct.
Mon Jul 15, 2013, 07:42 PM
Jul 2013

Facts have been largely condemned or ignored in this case, unfortunately. A lot of people don't care about the law (check out all the talking heads and celebrities weighing in); they just want Zimmerman's head.

Doremus

(7,261 posts)
76. #5 Self defense is an admissible defense. VIDEO
Mon Jul 15, 2013, 09:47 PM
Jul 2013

Was it really self-defense if there were no marks, bruises, blood or injuries anywhere on Zimmerman's head/neck? See for yourself:

http://www.dailykos.com/story/2012/03/28/1078684/-Breaking-News-CurrentTV-Countdown-Trayvon-Martin-video#

 

bettyellen

(47,209 posts)
77. Watch the juror on AC360- they abdicated their responsibility to consider
Mon Jul 15, 2013, 09:48 PM
Jul 2013

manslaughter- and got many facts wrong. Fucking idiots have exposed themselves.

Yavin4

(35,450 posts)
78. "Martin was killed as a result of physically attacking someone whose only "crime" was to follow him"
Mon Jul 15, 2013, 09:52 PM
Jul 2013

and you know Martin attacked Zimmerman first because???? He's Black?

Donald Ian Rankin

(13,598 posts)
93. Please read before commenting.
Tue Jul 16, 2013, 02:58 AM
Jul 2013

Since I explicitly say that I *don't* know that, I can only assume that you didn't bother to read my post.

treestar

(82,383 posts)
79. Zimmerman was clearly lying
Mon Jul 15, 2013, 10:00 PM
Jul 2013

about who attacked who. He made up various stories about being jumped from the bushes, etc. When one can see what he intended to do from his comments to 911. He wasn't going to let this punk get away. He'd already decided the "punk" was casing houses. He hardly approached objectively. He had decided about Trayvon already.

And so Trayvon just happened to hide in the bushes and jump him. Yeah, how convenient for Zimmerman. And to be sure Zimmerman politely asked Trayvon if he belonged in the area. Sometimes I wonder how black people manage. That would be so maddening to be walking down the street and have someone ask you why you are there. Granted it would be wiser to say "sir, I live here," or "I'm staying here" but when the heck will this stuff stop? You know why he's doing it to you - you're young and black.

Zimmerman is responsible - it should at least have been manslaughter, or something. He prejudged someone, didn't want them to get away, and golly gee, just happened to "have to" use his gun. And fatally.

The jury should have had the brains to figure that out. The state met the burden of proof - they showed Zimmerman's intent. They showed how Zimmerman's story did not add up. Zimmerman's lies should have sunk his credibility.

Sparkly

(24,161 posts)
80. *Shooting someone you have physically attacked because you are losing the fight is not legal.
Mon Jul 15, 2013, 10:02 PM
Jul 2013

Zimmerman was the pursuer, with a loaded gun, from the start. We're supposed to believe TM was justifiably killed simply because he -- at WORST -- tried to defend himself from a stranger stalking him??

Donald Ian Rankin

(13,598 posts)
94. You're "supposed" not to be certain BRD that he wasn't.
Tue Jul 16, 2013, 03:00 AM
Jul 2013

The fact that we don't know that Martin attacked Zimmerman would only be relevant if he were the one being prosecuted.

Since Zimmerman was the one on trial, what matters is that we don't know that he didn't.

brett_jv

(1,245 posts)
120. I seriously don't know why you're bothering explaining yourself
Tue Jul 16, 2013, 10:18 PM
Jul 2013

With all the vitriol, aspersions, and emotionally-based arguments being thrown your way from the crowd.

As much as I felt (and said many times on this board) that I though Zimmerman was a liar, deserved jail, etc. Yet I also had a feeling he'd get off based on the bullshit that is FL's stand-your-ground and self-defense laws.

It appears that just because you're arguing that the Jury 'came to the LEGALLY proper decision' based on the law, and instructions they were given, this means you have naked pics of Zimmerman with which you pleasure yourself, and a poster of a lynching hanging your living room.

Everything you've said is perfectly reasonable and accurate, but nobody wants to accept it and prefers to call you names and such instead. It's really a sad display of ad-hominem going on in this thread.

Apparently nobody considers it even possible to simultaneously believe the Justice was NOT properly served, that SYG is BULLSHIT, and and that what's happened here is painfully unfair, and fundamentally just WRONG ... while ALSO believing that the Prosecution failed to make their case, and that the Jury reached a legally proper decision based on the applicable LAW, and Jury INSTRUCTIONS.

The burden of proof was basically on the prosecution to PROVE that Zimmerman began the physical altercation. That's the ONLY way they could win this case. Due in part to their shitty police work at the scene, they were simply unable to do this.

It sucks, and we're all pissed off about it. But Donald's argument here makes sense. Nobody can prove Zimmerman started the fight, and nothing he did prior to the fight was illegal. Once the fight began, according to SYG, all ZimZim's team had to do was prove he 'feared' for his life. It's a ridiculous law, but the jury decided this case 'right'.

I'm deeply sorry about what's happened here, despise Zimmerman with a passion, but ... what you've argued here is true and correct, no matter how much I wish it were not.

Agnosticsherbet

(11,619 posts)
81. Walking through a neighborhood with candy is legal.
Mon Jul 15, 2013, 10:04 PM
Jul 2013

Protecting yourself from someone who is following you at night for no known reason is legal.

We live in a pretty sad world when a black kid with skittles and a hoodie causes every white dick with a gun to fear for his life.

They used to call that lynching. I don't know what they call it now days. Oh, yes, they call that innocent.

X_Digger

(18,585 posts)
84. If "protecting yourself from someone who is following you" = taking a swing at, then no, not legal.
Mon Jul 15, 2013, 10:14 PM
Jul 2013

Now if GZ grabbed TM, tried to detain him, or even tackled him, then yes.

Agnosticsherbet

(11,619 posts)
122. Florida declared hunting season on black kids.
Wed Jul 17, 2013, 07:04 PM
Jul 2013

Zimmerman bagged him one.

That is what it is.

There is another trial in Florida about to start, Older white guy shot an unarmed black teenager. I bet the guy walks.

Donald Ian Rankin

(13,598 posts)
95. No, "protecting yourself" by attacking someone is absolutely 100% illegal in most circumstances.
Tue Jul 16, 2013, 03:02 AM
Jul 2013

You're allowed to fight back if attacked, and there are some limited circumstances (e.g. a home intruder) where you're allowed to initiate a fight, but it's absolutely not legal to attack someone for following you.

"Lynching" is a fair description of the mood here on DU vis a vis Zimmerman, I'm afraid.

stranger81

(2,345 posts)
100. "Lynching" is both a wholly inappropriate and woefully ironic term for you to have used here.
Tue Jul 16, 2013, 05:52 AM
Jul 2013

You'll pardon my asking, but how much time have you actually spent in this country (if any), and what direct exposure do you have to the deeply layered and inflammatory racial territory you're diving into here?

I usually see you posting in the I/P forum, where you are invariably a calm voice of reason. But on this, you're completely off base.

Lint Head

(15,064 posts)
82. When this much verbiage has to be typed to understand the situation there is some stretching going
Mon Jul 15, 2013, 10:06 PM
Jul 2013

on. A Black teenager was minding his own business returning from a quick mart with Skittles and Arizona Tea. He was followed by a man with a gun and killed. Because this man profiled the Black teenager as a criminal. I think he was murdered. But murder is also a technical term as described by law. He was killed by an adult with a loaded weapon. Trayvon was not a criminal. Zimmerman knew he was carrying a loaded weapon. I 'think' Zimmermen was looking for an opportunity to prove himself so he would have credibility when he applied again to be a 'real' policemen. This man was a killing waiting to happen.

FourScore

(9,704 posts)
87. You're ignoring the fact TM was a minor.
Mon Jul 15, 2013, 10:21 PM
Jul 2013

We teach our minors to run, scream, fight, kick -- DRAW ATTENTION TO YOURSELF when someone stalks you. He did exactly as he had been told.

Donald Ian Rankin

(13,598 posts)
96. Martin was 17 - hardly a child, despite the out-of-date photos I've seen bandied around.
Tue Jul 16, 2013, 03:05 AM
Jul 2013

17 is more than old enough to know that it's not OK to attack people in the street, and more than old enough to present a serious physical danger if he did.

We don't know that he *did* do that, but *if* he did then shooting him would have been an entirely legitimate response.

IL Lib

(190 posts)
121. Wtf?
Wed Jul 17, 2013, 03:10 AM
Jul 2013

Do you consider Martin to be an adult? I'm aware that you prefaced child with "hardly," but why the need to portray him as being something other than what he is, which is a child? How out-of-date do you think the photos are that have been "bandied" around? A year or two? 5-10 years? Just 5 would make him 12 in such a photo. Either the photos aren't that out of date or he's more of a child than an adult. Which is it?

It's telling that you continue to use the word attack, and in this particular post, the phrase "attack people in the street" as if he was some wild teenager assaulting random people. It's absolutely nothing wrong with an real adult following a teenager for no apparent reason, who just happened to be armed? I'd like to know why you have no problem with an adult stalking a teenager with a loaded weapon. I know from previous posts you say it's legal. Would it have been fine with you if it was your 17 year old (since it's legal)?

COLGATE4

(14,732 posts)
89. You'll never penetrate the emotional response that
Tue Jul 16, 2013, 12:26 AM
Jul 2013

many DU'ers have regarding this case. Too many people have invested in what they believe (or hope) to be a certain set of events. Everyone supports the jury system until there's a verdict they don't agree with.

Blue_Tires

(55,445 posts)
106. The jury got it wrong
Tue Jul 16, 2013, 10:58 AM
Jul 2013

especially since at least one of them had her mind made before even being selected...

Funny how in that big-assed wall of text you cover everything but the racial profiling...And for the love of god please stop with the "The-only-reason-Zim-got-tried-was-due-to-political-pressure" RW talking point...It makes you appear more ignorant, callous and unfeeling than you probably are in real life...

DCBob

(24,689 posts)
108. I think the jury got it wrong. You know the rule is beyond "reasonable doubt" not any doubt.
Tue Jul 16, 2013, 12:51 PM
Jul 2013

When fairly and objectively considering the entire situation.. its clear that Zimmerman acted irrationally and irresponsilby by using his weapon to kill that kid. At the very least he should be convicted of manslaughter.

Fringe

(175 posts)
116. The jury was wrong and racist.
Tue Jul 16, 2013, 05:36 PM
Jul 2013

It was all demographics. White, southern and racist.

I read many of the comments from white southerns on the other case of the white guy who shot up a car with a bunch of black kids in it, and the responses were very upsetting.

If a black guy had shot up a car full of white kids, Florida would have called for a national day mourning and dubbed it the Florida massacre.

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