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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJuror Says ‘George Zimmerman Got Away With Murder’
A woman who sat on the all-female jury that acquitted George Zimmerman said in an interview set to air Friday that the former neighborhood watch captain "got away with murder" in the shooting death of unarmed black teenager Trayvon Martin.
Juror B29, the lone minority on the jury, allowed her face to be shown in her interview with ABC's Robin Roberts and disclosed a first name of Maddy, but the 36-year-old Puerto Rican did not offer more than that out of fear for her safety.
In the interview that will air on "Good Morning America," Maddy said that she and the jurors followed Florida law and the evidence put forth was not sufficient to prove murder. And for that, she said, Zimmerman walked.
"George Zimmerman got away with murder, but you can't get away from God. And at the end of the day, he's going to have a lot of questions and answers he has to deal with," Maddy told ABC. "[But] the law couldn't prove it
http://livewire.talkingpointsmemo.com/entry/juror-says-george-zimmerman-got-away-with-murder
cprise
(8,445 posts)COLGATE4
(14,732 posts)is designed to work - follow the law and, if the State can't produce enough (or good enough) evidence to convict beyond a reasonable doubt, then yes, any further justice has to come from some other quarter.
coeur_de_lion
(3,680 posts)What other quarter?
Lucky Luciano
(11,257 posts)coeur_de_lion
(3,680 posts)branford
(4,462 posts)The civil justice system? Peaceful public shunning and humiliation? Karma?
coeur_de_lion
(3,680 posts)He can never make up for what he did, other than serving time for it.
COLGATE4
(14,732 posts)Divine justice
malaise
(269,065 posts)Fuck that!
COLGATE4
(14,732 posts)DrDan
(20,411 posts)we need to return to some "civics" education
Rex
(65,616 posts)nt.
COLGATE4
(14,732 posts)justice for Z would come from a Divine Quarter. No escaping final justice.
god
coeur_de_lion
(3,680 posts)Wish she would have held out, knowing he was guilty. B37 held out and seemed to have little knowledge of the case why not this lady?
magical thyme
(14,881 posts)The police effed up from the get-go. The judge effed up when she allowed contaminated witness testimony to stand, instead of striking it. The prosecution was caught in the middle. They had to follow the rules; the defense broke them right and left with impunity.
The laws in Florida are fucked up. Anybody can stalk an innocent, unarmed person, corner them, initiate a confrontation and kill them; then claim self-defense.
Blue_Tires
(55,445 posts)ksoze
(2,068 posts)She said the evidence and the case was not sufficient, so she followed the law.
The law is not always correct.
ksoze
(2,068 posts)Interesting concept. Sounds like a cool society - freedom and all. So, when the jury is sworn to follow the law, they should only do that if they want?
Ohio Joe
(21,760 posts)Civil disobedience ... Jury nullification... Sometimes shit is wrong and you do something.
totodeinhere
(13,058 posts)case. If jury nullification results in a guilty verdict which it would have been in the Zimmerman case that verdict would almost certainly have been overturned.
Ohio Joe
(21,760 posts)Jury can vote how they want.
totodeinhere
(13,058 posts)via nullification can be appealed whereas a not guilty verdict cannot. If someone is found guilty due to nullification that means by definition that someone who should have been acquitted was not. That would not stand on appeal. If they truly are guilty then it's not nullification.
In the Zimmerman case, if Zimmy really were guilty and should have been convicted as many people believe, then if the jury had found him guilty that would not have been nullification. It would have been a correct and just verdict. The only way it could be nullification would be if he were really not guilty and they found him guilty anyway.
caseymoz
(5,763 posts). . . not ever to convicting the guilty (or innocent) against the law. Ethically, you cannot justify disobeying the law to find somebody guilty. That's no longer civil disobedience. That's uncivil. It's unequal application of the law. That goes against every constitutional principle, and the very basis of rights and equality before the law.
dorkulon
(5,116 posts)caseymoz
(5,763 posts)You're not nullifying a ruling by a jury because he's innocent till proved guilty. If they're voting not guilty and you're voting guilty, you're not nullifying the law. You are trying to impose the law against the law, kind of like rewriting. It's really like the opposite of nullification; it's activism.
On a jury, convicting a man against what the law says is very unethical.
dorkulon
(5,116 posts)My bad, hadn't thought it through.
caseymoz
(5,763 posts)John Oliver was right on The Daily Show. The really tragic thing about this was that you had this horrible outcome Florida law operated exactly the way it was designed to. For that he called Florida the worst state.
There is an exception. Juror B37 with the hots for poor "George" belongs in Hell with him.
John2
(2,730 posts)their understanding of the law and not what your interpretation means. Even Supreme Court Justice's don't agree on the interpretations of the law. That is why you have a consensus. On my interpretation of the same law you interpret, George Zimmerman would have been guilty.
One example where I disagree with many of the Zimmerman's backers is provocation. They claim following a person with a loaded gun and profiling them, wasn't evidence of provocation. Intent is part of the Law to decide one's guilt. Zimmerman also intended to use that gun on Martin if he gave him any problem. That was the necessary apprehension of Zimmerman for Martin to believe his life was in immediate danger of Zimmerman. Zimmerman started the whole incident and that made him guilty. That is where the disagreemant lies.
Is the law clearly says your situation is legal.
No I don't like it but the law says
1) George can have a gun
2) George can question TM
-no law violation there even if he profiled him only on race it's still not illegal
3) George can use said gun to "defend" himself
Like it or not the law in FL seperates the following and questioning from the figh/shooting.
I think the law should be looked at more closly
John2
(2,730 posts)1) states that he has a right to carry a gun, but not to use it to hunt suspects or kill someone unlawfully. He was not a police officer and using it on community watch was advised not to. 2) The law may allow George Zimmerman to question any citizen, but not as a police officer or community watch captain. If he wanted to ask TM the time of the day or if he needed help is perfectly OK but that was not his intent now was it?
30) George can use a gun to defend himself but not to hunt or start provocations with people. He started the provocation by pursuing Martin. You still evade the definition of intent concerning the law.
Furthermore, if he was at any fault of starting the provocation, he cannot use self defense, unless he reasonably thought his life was in danger and was not at fault. THe only reason he can use Deadly force, is if he used all alternative means to retreat. That includes letting TM know he wishes so. And it has to be equal or enough force to do so before using deadly force.
So are you with the Sanford Police Department or Zimmerman's defense team? You may convince others that Zimmerman had no other alternative ways to retreat or constrain Martin without resorting to using a Deadly weapon. As I said in another post, it was unreasonable. Where was Zimmerman's hands and arms at while TM was beating him to Death as he claims? He had the power in them to over power TM for his gun, but didn't have the power to hold TM's arms from beating him or slamming his head on the pavement?
He couldn't restrain TM for a few minutes for the police tyo arrive which wasn't much longer from the time he and others had place 911 calls?
I think parts of the law was with held from the jury. The part about initial aggressor and provocation. That should have been left up to the jury and not the judge or lawyers. Did she act politically?
Initial aggressor would require the state to prove he assaulted TM first (the state could not and it was complicated by witness testimony and zimmermans "injures".
It is not aginst the law for Zimmerman to profile and confront Trayvon.
The state could not prove Zimmerman hit travon first.
The law in FL clearly says if Zimmerman was doing a lawful activity (even the state does not attempt to show Zimmerman did anything illegal until the shot was fired )
Zimmerman met his burdeon of establishing his self defense case and the state failed spectacularly at proving murder 2 and spent almost no time on manslaughter even specificly arguing aginst it in an attempt to get a 2nd degree conviction.
I belive Zimmerman profiled Trayvon based primarily on race. He confronted TM and an altercation took place. Witnesses say travon before the shot was on top and ballistics match that story. Obviously Zimmerman shot him and claims self defense.
Given the law of Florida and the fact that Zimmerman even according to the state committed no crime until the shooting. (Following TM/profiling him and even questioning him is not against the law)
Now clarification may need to be added to the law or it modified but the state failed in its job and the result is Zimmerman walked
HangOnKids
(4,291 posts)Just an FYI, there are a good deal of people on here that just LUUUURRRRVVVVEEEEEE the LAW to a ridiculous degree. I know you understand.
Liberal_Stalwart71
(20,450 posts)When it supports their hero Zimmerman.
Funny, I've not heard any of them LUUUURRRRVVVVEEEEEE the LAW enough to defend Marissa Alexander. Wonder why...
HangOnKids
(4,291 posts)Their LUUUUURRRRRVVVVEEEEE is highly selective. We know why.
avebury
(10,952 posts)have been made with the evidence/testimony in the trial for a manslaughter conviction. It just needed someone with the conviction to lay it out for the rest of the jurors and then dig her heels in (even if is resulted in a hung jury). It is evident that the jury might not have had a good grasp of manslaughter given that they sent a question to the judge.
Fantastic Anarchist
(7,309 posts)Hoyt
(54,770 posts)Florida's law is flawed, and she could have stood up for her beliefs that Zman was the aggressor, and Trayvon had the right to protect himself from a bigoted, trained fighter, with a gun in case his fighting skills failed him, and a history of violence.
TorchTheWitch
(11,065 posts)The problem in this case was not the law. It was the stupid jurors that didn't see his numerous lies about what happened. Yes, the prosecution did an epically shitty job, but you'd have to not be paying attention to what the evidence said in order to believe he was truthful and therefore not guilty. Some of his lies the prosecution DID point out, and the jurors ignored all of it. They were given the evidence and found it wasn't sufficient despite what that evidence should have told them as so many of us clearly saw without the help of the prosecutors at all. They had to follow the law, but they didn't find him not guilty because of the law nor the evidence, they found him not guilty because they believed his stories of what happened (despite there being more than one story), and believed that he feared for his life because of this bitty little booboos and ignored what the evidence showed. And the evidence clearly showed that he lied about what happened despite how badly the prosecution presented some of the lies, and the ones they missed the prosecution didn't bother to point out they could have noticed themselves just going by the evidence of Zimmerman's own words. If he lied about what happened then he's guilty because there is no reason whatsoever for an innocent person to lie about what happened and every reason a guilty one would.
Hoyt
(54,770 posts)The whole thing sucks, as does Zman.
mythology
(9,527 posts)What matters is that the prosecution has to prove it's case. The defense can claim that it was a terminator sent back from the future, or that twinkies made him do it.
What matters in our system of law is that the prosecution has to prove the case beyond a reasonable doubt.
And there's plenty of reason for innocent people to lie. There are countless cases of police getting confessions from people for crimes they didn't commit. Those are lies, told because sometimes people get confused, or they just don't remember or they get taken advantage of.
The Innocence Project has a good summary here:
http://www.innocenceproject.org/understand/Eyewitness-Misidentification.php
I think Zimmerman is absolutely morally guilty of killing Travyon Martin, but I don't think the prosecution proved its case. It's supposed to be hard to convict somebody, that supposed to be the basis of our criminal justice system.
Skittles
(153,169 posts)if they in any way believed Zimmerman's RIDICULOUS story
TransitJohn
(6,932 posts)But, you almost never see a fully informed jury.
http://fija.org/
DrDan
(20,411 posts)"the evidence put forth was not sufficient to prove murder"
Blue_Tires
(55,445 posts)much less go on national TV and blab about how he got away with murder like she was powerless to stop it? all she did was to help facilitate injustice...
and what happened to B37's "moral duty to follow the law"?? She's pretty much admitted her mind was made up before the opening motions...
And I still don't get the "evidence put forward was not enough to prove murder" -talking point...There have been high profile convictions with a lot less hard evidence, and if the victim was white the jurors would be singing a different story...
DrDan
(20,411 posts)it wasn't - she didn't
Fantastic Anarchist
(7,309 posts)But not in a jury?
Yeah, what the fuck ever. She's a fucking coward. She let herself get bullied. She wanted to go home and grab a snack. Fuck her.
duffyduff
(3,251 posts)n/t
Gin
(7,212 posts)LanternWaste
(37,748 posts)One might say with equal validity that Zimmerman had a moral duty to stay in his vehicle.
DrDan
(20,411 posts)Fantastic Anarchist
(7,309 posts)... then she believed it beyond a reasonable doubt.
She's a fucking coward that got bullied into her vote. No fucking sympathy from me. Trayvon's murderer walks free because of her no more than if she pulled the trigger her-fucking-self.
DrDan
(20,411 posts)Fantastic Anarchist
(7,309 posts)She could have had this guy in prison where he belongs and have her moral and ethical integrity intact.
I have no sympathy for her at all.
DrDan
(20,411 posts)she had proof (beyond a reasonable doubt) for manslaughter.
Thanks.
Fantastic Anarchist
(7,309 posts)If not, she should be sued for libel, right? I mean, if she didn't have the evidence for manslaughter, and now she's going around saying Zimmerman is a murderer, he should probably sue her. She had the evidence to convict for manslaughter. She got bullied by another know-nothing juror into voting for acquittal (even though she thinks he's a murderer). She could have hung the jury or convinced them that they had the evidence for manslaughter.
She could have retained her moral and ethical integrity by doing so.
Instead, she'll be known as a coward, in my eyes.
DrDan
(20,411 posts)he was morally, but not legally guilty. That is what she said. And the reason was lack of evidence.
She never stated nor implied the evidence was there to convict GZ on manslaughter charges - just the opposite. She stated the evidence was not there.
You are claiming she was bullied. She never said that.
YarnAddict
(1,850 posts)Her "moral duty" was to look at the evidence and make a decision based on the evidence and the law. Doesn't always turn out the way we would like it to, but I would rather have the system we have, rather than a bunch of rogue jurors making decisions based on their gut feelings.
JVS
(61,935 posts)uponit7771
(90,347 posts)Mr. David
(535 posts)But the idiot judge included them anyway.
uponit7771
(90,347 posts)davidn3600
(6,342 posts)The law is written very leniently in Florida for self defense...
Florida Statue 776.012
"A person is justified in the use of deadly force and does not have a duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony."
Hoyt
(54,770 posts)It was a SYG case, because SYG altered definition of self-defense and juror B37 mentioned SYG was part of decision.
X_Digger
(18,585 posts)Funny, doesn't seem to invalidate california self-defense cases.
This was a straight up self-defense case, SYG wasn't invoked. Had it been, and the judge ruled in favor of GZ, there would have been no trial at all.
Trekologer
(997 posts)Specifically, California says that a defendant "is entitled to stand his or her ground and defend himself or herself" while Florida says the defendant is "justified in the use of deadly force and does not have a duty to retreat".
To my non-lawyer self, this suggests that in California, one isn't automatically able to escalate the situation to deadly force unless the situation warrants it. Florida, on the other hand, would allow an escalation to deadly force in any situation.
X_Digger
(18,585 posts)bunnies
(15,859 posts)Thats just great. I feel so much better now.
Rex
(65,616 posts)nt.
Ash_F
(5,861 posts)And hopefully they could get a more diverse jury.
Boom Sound 416
(4,185 posts)What would that do. The law right or wrong is the law. The instructions right or wrong were the instruction.
You expect minorities to disregard the law in a court of law to issue retribution.
Ash_F
(5,861 posts)DU elevated to the ranks of the youtube comments section.
Boom Sound 416
(4,185 posts)Hoyt
(54,770 posts)You are reading the law the way you want it to work, in favor of bigots and gun toters.
Response to Hoyt (Reply #62)
Boom Sound 416 This message was self-deleted by its author.
HockeyMom
(14,337 posts)I guess their reasoning for that is quicker trials and no hung juries.
Boom Sound 416
(4,185 posts)From watching CNN I learned that all Florida criminal cases (and I presume civil cases) are six jurors. Capitol cases are 12. I don't know about Capitol cases but six member juries but be unanimous or it's a hung jury. Whence the judge will plead with them to try again
Recursion
(56,582 posts)Last edited Fri Jul 26, 2013, 12:08 PM - Edit history (1)
"Capitol" is the building and the hill, and nothing else.
EDIT: oh how sharper than a serpent's tooth is irony...
Boom Sound 416
(4,185 posts)Before "and."
Recursion
(56,582 posts)Jenoch
(7,720 posts)there is no re-trial. If the prosecutor believes the outcome would be the same, usually because of the same evidence, then they may choose not to re-try the case. Money also can come into play in a situation such as I have described.
Ash_F
(5,861 posts)I should have said there could be a retrial. But there would not be anything barring one. This goes back to my point that in this case public officials have to simply want it(i.e. care).
Mike Daniels
(5,842 posts)but I don't believe they are obligated to do so.
In the Zimmerman case I think a hung jury probably would have had the same result as acquital since I'm not sure the state would have bothered to retry the case.
Rex
(65,616 posts)That would be unconstitutional.
Ash_F
(5,861 posts)In the event of a hung jury, the court returns no verdict and therefore the case can be retried. Yes that means the same crime.
There is a lot of misinformation about this case going around. The most egregious of which that the jury had 'no choice' but to acquit. That is an excuse.
Rex
(65,616 posts)Not if in a hung jury verdict.
Although there are other legal avenues through which he can still face justice for this crime, not related to a second degree murder conviction, which is why the Federal government stopped the return of his weapon as evidence. The Justice Department has to want it though. I'm not confident this justice department really wants it.
Rex
(65,616 posts)So will drop it for lack of evidence this was a hate crime.
Ash_F
(5,861 posts)No sane human being would believe Zimmerman would have stalked and killed a White child that night. The evidence is plenty sufficient.
I specifically said "want".
Rex
(65,616 posts)I was just saying what some people on here that are in the legal profession told me it wasn't going to happen.
Ash_F
(5,861 posts)As for what other posters might say:
Appeal to authority
http://www.nizkor.org/features/fallacies/appeal-to-authority.html
Vattel
(9,289 posts)They have sucked on many issues, but they are not that crazy.
zentrum
(9,865 posts)....correctly could have proved it. The DA and Judge completely failed.
DevonRex
(22,541 posts)So, he pulls out his gun, intentionally. Points it at Trayvon's chest, intentionally. Pulls the trigger, intentionally. (And let me tell you, that model's safety is in the extra long trigger pull, so he HAS to have intended to shoot Trayvon.) And killed him. Yet somehow this jury somehow could not come up with INTENT???? Did they confuse it with premeditation???
John2
(2,730 posts)the one juror, I was waiting to hear from. If that jury had been more diverse, the verdict probably would have been hung. Giving the evidence that I heard, I would have voted guilty of murder also. Jeantel has made different statements than what she claimed on the stand which would have given reasonable doubt.
My exact point was there was no at first Trayvon Martin circled back on Zimmerman to confront him, until Jeantel's latest statements. On the stand, she did not say Trayvon told her he had something to take care of. What she claims that she believe Trayvon would have done doesn't matter. She just needs to tell what she know and not add in her opinions. She could get charged for perjury, changing her story like that, after testifying under oath before a jury. It did Trayvon Martin no justice by claiming that he would have went back just to kick this Dude's ass. She claims beating someone's ass is a Black thing. That is stereotyping Black people as violent. She is just playing right into their hands.
dkf
(37,305 posts)Are defense exhibit #1.
avebury
(10,952 posts)There is no time limit on what it takes to establish intent. Intent can form in as little as a few seconds. (Intent was a big factor in a murder trial that as conducted here a while back so there was a lot discussed about the concept of intent at that time). George Zimmerman had a choice of getting away from the situation and he chose not to. He chose to follow Trayvon. Upto to the point that the scuffle was initiated, GZ had a chance to back off and walk away. That he chose not to could infer intent at that point. When he fired his gun, it was so with the desire to greviously harm Trayvon Martin. He shot at Trayvon, not a warning shot elsewhere.
DevonRex
(22,541 posts)and we know which juror that would be. From the article, it looks like other issues might have been discussed as well, like whether Zimmerman should have been charged, given her additional answer to the question about it. That information was excluded from evidence.
I've said all along that a strong jury could have taken the evidence presented and come to a guilty verdict. Just as the original investigator wanted to charge Zimmerman, and just as the DA did charge. The DA did not present the case well but the evidence was there.
IMO, the case rests on the evidence not on how well the DA speaks.
dkf
(37,305 posts)A person who would purposely let themselves be beat up in order to shoot someone else would have had very strong motivation to do so. If that was racial shouldn't it have shown up in something more tangible?
Yes if you believe Zimmerman goes around taking pot shots at people because they are black then he should be convicted of 2nd degree murder. But it must be proven that that is his motivation as opposed to fearing for his own safety.
avebury
(10,952 posts)Zimmerman was guilty of premeditated murder because premeditation is also not tied to a specific time limit but can occur in as little as seconds. If you are given a choice to flee to safety (which Zimmerman did because he could have stayed in his truck and not follow Trayvon) but instead choose to go towards danger, should you shoot and kill someone you can make the argument that the person committed premeditated murder because they could have avoided the situation. Once GZ made the decision to go after Trayvon, every action thereafter is premeditated.
We had a case in Oklahoma where two teenage black kids walked into a pharmacy with the intent to rob it. One boy was armed the other was not. The Pharmacist got a gun and shot the unarmed kid (why he didn't shoot the armed kid is a mystery to me). The shot kid dropped to the floor. He then chased the other kid out the door with his gun. A very brief time later he walked back in the door, walked past the kid turning his back to the kid as he walked to the back of the store the change guns to one that was loaded. He then walked back to the front and proceeded to shoot the injured boy several more times. The first shot was self defense, the rest of the shots became premeditated murder. He was tried and convicted of first degree murder and sentenced to life in prison with the possibility of parole. The nail in his coffin was the store's security video which caught the whole thing on video. It also didn't help him that was kind of a nut, spinning tales to the police during his interrogation and was popping quite a number of different pills. There are a lot of people here who view him as a hero and are outraged by his conviction. The security video and police interview really sealed the deal for a conviction. They nailed him for premeditation because he left the building and then came back inside where he proceeded to finish killing the kid.
dkf
(37,305 posts)Seriously? That is your legal justification?
I guess hiring a PI to follow a cheating spouse equals murder for hire?
Jenoch
(7,720 posts)Zimmerman's defense WAS that he killed Treyvon intentionally, but was justified in doing so because of self-defense.
Brigid
(17,621 posts)I think the jury did confuse intent with premeditation. That *plus* the lack of diversity brought the verdict we got.
ceonupe
(597 posts)Playing ones on message boards that don't understand it.
The legal community even on TV was almost 100% state did not prove case and about 70% it was a weak case to begin with.
Intent or not is irrelivant if at the time you shoot u are covered by FL self defense law and in this case he was.
If you don't like the law fight to change it but according to the law and the case presented the Jury followed the law given to them.
Brigid
(17,621 posts)I would not vote to acquit somebody who shot an unarmed kid. Not happening.
DevonRex
(22,541 posts)I did not pull this discussion out of my ass. Good god.
ceonupe
(597 posts)Around the self defense case he put on.
Had they been able to prove he intended to shoot travon when he spotted him and got out of te truck they could have avoided the FL law about self defense and would have been able to convict him.
I belive she was trying to find a way I show his intent made his claim of self defense invalid but they could not prove this.
Almost by default I knew Zimmerman would walk once I understood FL law and the jury was given instructions. In fact I belive the only way to get around zimmermans self defense claims was to prove his intent was to kill TM at te beginning of the altercation
DevonRex
(22,541 posts)But, there was NO QUESTION on intent in manslaughter. He did pull the gun out. He did point it at his chest. He did pull the trigger. Trayvon did die as a result of his act.
All that is in the tapes of his interviews with police.
And he did have a choice. He could have fired the weapon into his shoulder or leg or side. Or into the air or the ground. The fight would have stopped. He would not have been "in danger" anymore. And Trayvon would have been alive. He chose the most deadly course.
ceonupe
(597 posts)In a dynamic situation u are luck to get shots on target.
No in a static situation where u have time and full clear presence of mind u can say that but if you are truly fearing for your life u don't say well let me concentrate and hit a non vital part of the attacker. You shoot to drop the threat. With someone on top of u when you pull your gun u are shooting pretty fast or that gun is being ripped away from you or otherwise deflected quite possibly.
There is a reason no weapons instructor will ever to teach you to aim for a leg or arm but rather center mass. You chance of getting a hit on target is greatly increased your chances of over penetration is decreased and your chance of hitting a vital organ thus stopping the attack greatly increased.
Read up o. The Miami FBI shoot out that lead to the development of the 10mm round and the .40 cal round (most popular police round in the USA) and read up on how many times and where the criminals were shot. If you don't hit a vital organ the attacker has a greater chance to continue the attack.
Not saying Zimmerman should have even been involved in a fight with TM had he not profiled him. But let me know when profiling becomes an illegal act so some of the fuckers I run into can go to jail for being racist assholes but until then racial profiling by citizens is not aginst the law. (Ps I'm a 31 year old black male who is profiled daily)
DevonRex
(22,541 posts)And I won't fill you in.
ceonupe
(597 posts)You would know that in a dynamic situation shot placement is very difficult even for the police.
Once you make the decision to deploy your gun and use it u understand you could likely take another persons life. It's not complex shooting someone will Likly kill them.
The problem in this case is not wither Zimmerman should have shot him in the leg instead of the heart it's that he should have never pursued him to begin with and did so because of racial profiling. Unfortantly profiling someone on race is not against the law.
DevonRex
(22,541 posts)the jury. They started to look at evidence when they asked for a complete list. But that got nipped in the bud. They got rid of Murder 2 since they decided race wasn't a factor. All that was left was intent, according to this juror. And that got screwed up royally.
It defies common sense. Murder 2 takes into account the full time frame, from the car to the murder. State of mind, what GZ was thinking all that time comes into play. But they discounted that verdict.
Then they go to manslaughter, which narrows the time frame to the killing itself. What happened immediately before the death. Yet they allowed themselves to be taken back out of that time frame and back to premeditation?
In manslaughter and intent, all they had to decide was that he intentionally got his gun out, which he admitted. That he intentionally pointed it at his chest at close range, which he admitted, and that he fired the weapon, which he admitted. The result of that action was death, which any reasonable person would have expected from that caliber firearm at that range.
Conversely, GZ could have pointed that gun at Trayvon's arm and fired. The fight would have stopped immediately. GZ would no longer have "feared for his life" and the police could have dealt with the situation with two live people to talk to instead of just one. Or, GZ could have fired a shot into the air or the ground. He indeed made a conscious choice. That choice was to put a bullet into Trayvon's heart. It may have been a split-second choice; nevertheless, it was a deadly choice.
KamaAina
(78,249 posts)ksoze
(2,068 posts)She followed the law as she was instructed. Don't like the law - change it. Many jury's later say they thought the defendent might be guilty of the crime, but the facts did not back it up.
John2
(2,730 posts)could also meant she felt under pressure or was intimidated by the other jurors who was predominately white.
ksoze
(2,068 posts)or she reviewed the law and the jury instructions and realized that legally there was not enough to convict him.
John2
(2,730 posts)have done if I was on the jury and voted guilty? Accused me of not following your interpretation of the Law? I think the same thing about your interpretation as you probably think about mine, which proves nothing. I would have convinced her to vote guilty for some support.
I would have tried to humiliated those other women because I'm over 200 pounds and Black. Just give me a gun and let me stalk their skinny kid. That is how dumb it is. There is no skinny 158 pound 17 year old kid would beat me to death enough to be screaming like a you know what! My mere presence would illustrate it to everyone of those women how stupid that is.
Then I would point out to them, can they cite one precedent in history it has ever been documented. Just come up with one, and you will change my decision! I doubt they could have. The mere claim by Zimmerman his life was ever in danger from this Boy was unreasonable, Guilty as charged!
Fantastic Anarchist
(7,309 posts)I would have made every possible attempt to have them vote guilty. If they didn't, then I would have hung it.
I'll tell ya what I wouldn't have done. I would have not been intimidated by some other person. I would have waited all weekend long.
I WOULD NOT HAVE THEN GONE ON TV SAYING THAT I THINK HE'S GUILTY BUT I VOTED TO ACQUIT BECAUSE I THINK GOD IS GOING TO HANDLE IT.
Nope, wouldn't have done that.
KamaAina
(78,249 posts)onpatrol98
(1,989 posts)She clearly felt compelled to come forward, and I always wondered if she was the juror that didn't sign the statement with the others jurors. Remember, after the 1st juror came forward, four more signed a statement distancing themselves from the 1st one, but still cosigning the verdict. One juror was missing from this list. I wonder if she was the one.
I mean if she wants to apologize, at least be honest about it. And, regardless of what she says, she isn't hurting as badly as this child's parents are hurting.
P.S. At least she was woman enough to come forward WITHOUT the whole cloak and dagger black shadow to hide who she was.
DevonRex
(22,541 posts)That other juror had strong influence. You can tell.
HockeyMom
(14,337 posts)THAT is the first thing this jury asked for. What does that tell you? Rush to Judgment. They just wanted to go home to their wonderful lives in PARADISE. FU Floridians, and you sun fried brains.
Please, please, please do not ever, EVER call me to serve on a jury in Floriduh.
Nye Bevan
(25,406 posts)A "rush to judgment" would have been deliberating for an hour and then returning a verdict.
HockeyMom
(14,337 posts)That would take too much TIME on your part???????
Hoyt
(54,770 posts)I can see how it might be useful if they were really going to render a just verdict.
I've never seen so many disgusting people in a trial.
SoCalDem
(103,856 posts)and made them have a new trial..
Juror coercion is frowned upon.. If she allowed herself to be cowed into voting against her own judgment, she's to blame, and will have to live with the fact that she let a murderer loose.
ksoze
(2,068 posts)and you will be the source
DevonRex
(22,541 posts)held herself out as an "authority" on the law. I would wager a lot on that. I would also wager a lot on the fact that she deliberately confused the rest on "intent" versus "premeditation."
This juror today said they could not prove Zimmerman intended to kill Trayvon. See my reply above on intent regarding that.
DeschutesRiver
(2,354 posts)DevonRex
(22,541 posts)Completely.
Kablooie
(18,634 posts)can they be held responsible for not following the law and suffer legal consequences?
It seems a juror isn't required by law to explain their verdict so there would be no way to prove they were deliberately flaunting the law.
Or if they do blatantly flaunt the law, is that a juror's right to do so?
avebury
(10,952 posts)that a valid arguement could be made for manslaughter. But to do so would take someone who could piece it together from the evidence and testimony in a coherent manner. It is evident that the jury did not really understand manslaughter or the concept of intent and the judge didn't appear willing to school them on the matter. It was easier for any dissenting juror to cave then to stand her ground.
See my response further up the thread.
davidn3600
(6,342 posts)The prosecution concentrated their whole case on 2nd degree murder...a charge the vast majority of legal analysts say created a burden of proof that the state would be very unlikely to meet. And they spent very little time on manslaughter. So they basically expected the jury to try to piece the whole thing together on their own when it came to that charge.
It's NOT the judge's job to piece together evidence. That's the state attorney's job.
avebury
(10,952 posts)easily come back with a manslaughter verdice. Unfortunately, I think the one motor mouth juror probably ram roded a not guilty verdict through and the other jurors either didn't understand manslaughter and intent and found it easier to cave to pressure.
avebury
(10,952 posts)ceonupe
(597 posts)The fact you don't like the law is not relevant.
FL self defense law contains the parts you have a problem with your problem is not the judge but the state legislature.
TorchTheWitch
(11,065 posts)They're sworn to go by the evidence not what the prosecutor says or doesn't say about the evidence. They had plenty of evidence that Zimmerman lied about what happened, and it would have been EASY for the jurors to see that despite the prosecution's best efforts to not present it strongly and not point out all of it.
It IS the judge's job to answer fully any questions the jury has about the instructions, the law, and make clear anything about either that they don't understand.
branford
(4,462 posts)As you correctly observe, jurors, individually or collectively, generally need not explain how they arrived at a verdict. A juror may vote to acquit even if they believe that the defendant is guilty - the classic case of jury nullification. Sadly, a juror can also vote to convict even if they believe that the prosecution did not prove their case beyond a reasonable doubt. Historically, poor, minority defendants suffer the latter fate far too often. However, as a practicing attorney in NYC (commercial litigator), it is my belief that the vast majority of jurors take their jobs very seriously and honestly strive to fairly listen to and evaluate the testimony and other evidence at trial and apply the law at given to them by the judge.
The only time that the authorities can intrude into sanctity of jury deliberations and legally punish a juror is in the case of jury tampering or corruption. If it can be proven that a juror intentionally lied to get on a jury, took a bribe for their vote, etc., the juror would have committed a separate criminal violation subject to punishment. A strong opinion favoring the prosecution or defense, bad manners or nastiness, refusal to change their vote in deliberation or outright bigotry, in no way would be considered criminal. If a juror is disruptive during the trial or refuses to deliberate with the other jurors, the judge could dismiss them from the jury, but they would not be subject to any other sanction.
If jury tampering is proven after a verdict of guilty is entered, the judge would likely declare a mistrial. Absent issues such as the involvement of the prosecution or defense in corrupting the juror, the prosecution, at its discretion, could then retry the case. If the verdict in the case is not guilty, the verdict would likely remain unless it could be proven that the defense or defendant criminally corrupted the jury (e.g., bribes, criminal threats, etc.), and then the defendant would likely only stand trial for jury tampering.
TorchTheWitch
(11,065 posts)nor was it in the jury instructions. Had they only looked at the damn evidence especially the evidence of all his lies about what happened then there was NOTHING in the law or the specific jury instructions to stop them from finding him guilty. I'm getting really sick of people using the law as a scapegoat of why he was found not guilty. He was found not guilty because despite the evidence that was CLEAR that he lied about what happened and even had more than one story about what happened the jurors believed him anyway and also believed that he was in legitimate fear of his life just before he killed Martin. They found him not guilty not because of the law but because despite the evidence they still believed his story.
JDPriestly
(57,936 posts)It's just a matter of time.
hrmjustin
(71,265 posts)uppityperson
(115,677 posts)could have hung the jury. No credit for "I was going to be the hung jury juror", only credit if you were. Her statement that it should not have gone to trial is odd if she thinks Zimmy got away with murder.
DevonRex
(22,541 posts)deliberately. Remember that excluded evidence?
frylock
(34,825 posts)Pretzel_Warrior
(8,361 posts)from the initial murder and failure to arrest to the way this country reacted to it and the trial was eventually thrown by the prosecution, it is clear for all to see there is no justice for those who are not well connected, for those who are not wealthy, foe those people of color in this country.
Rex
(65,616 posts)It is only the hardcore Zimmerman apologists that deny the obvious. Sick little fucks.
ceonupe
(597 posts)Florida law creates this potential problem
And the jury had to follow Florida law.
Zimmerman unfortunately plays very little role in this.
This is our justice system and these are our laws. These laws wernt made for the Zimmerman trail and have been in place for over 7 years. Get out there and change the laws don't blame the jury or judge for following them!
Rex
(65,616 posts)Ya no shit the DA could have at least TRIED. One juror said she thought he was guilty of murder and I agreed that most people think so too. You do understand that right?
MrSlayer
(22,143 posts)Otherwise he might get off with no punishment at all.
madaboutharry
(40,212 posts)I think she herself is worried about dealing with the same mythical figure.
Tommy_Carcetti
(43,184 posts)On the one hand, I really feel bad for B29 and felt as though she may have been bullied into her vote.
On the other hand, I really wish she would have held out "12 Angry Men" style (in reverse) to the very end.
The question being, if it was a hung jury and B29 was the lone holdout against acquittal, would the State have moved to try Zimmerman again?
John2
(2,730 posts)the Martins' better grounds to sue Zimmerman in a civil case. He wouldn't just get off scot free.
branford
(4,462 posts)In the event of a hung jury, the defense would likely have the opportunity to appeal a number of the judge's decisions that favored the prosecution prior to any retrial. The prosecution fared quite well before this judge, a not uncommon circumstance where a court favors the State since the defense can appeal a guilty verdict while the prosecution has no such options. As a trial attorney in NYC (not criminal), it would not surprise me if an appeals court reversed some of the prosecution friendly trial rulings and made a guilty verdict even less likely at a retrial.
JVS
(61,935 posts)the prosecution is better able to anticipate the defense's lawyering and they end up getting higher conviction rates. Then again your statement makes sense too.
As a commercial litigator, hung juries are not an issue as unanimity is not generally required. I could definitely perceive how a window into the defense strategy could help the prosecution in a retrial. However, keep in mind that any witness testimony during the first trial, as well as statements afterwards, could be introduced at a retrial. A witness "fixing" their testimony at a new trial could prove devastating to their credibility. For example, Rachel Jentel added quite a bit of information and opinion during her interview with Piers Morgan, including her statement that Trayvon hit Zimmerman first. While she certainly rehabilitated her personal image to many viewers, I can only imagine what a competent and aggressive defense attorney could do to her credibility on cross-examination during a new trial.
Fringe
(175 posts)In my opinion, he just got away with murder period.
DrDan
(20,411 posts)Fringe
(175 posts)Justice....it was about demographics and 5 white Southern racist.
Niceguy1
(2,467 posts)From two..how do you know the rest are racist? Have you met them personally?
Fringe
(175 posts)They picked 5 whites jurors in the South. This was no mistake.
Niceguy1
(2,467 posts)Makes the 4 silent jurors racists?? How? Do you have any evidence to back your accusations up?
Fringe
(175 posts)Captain Stern
(2,201 posts)Is the South anti-male too? Are females more likely to be racists than males?
Of course, the answer to both questions is 'no'.
DrDan
(20,411 posts)Fringe
(175 posts).....and demographics. If Zimmerman had been black, and the teenager had been white, Zimmerman would be under the jail.
Many whites in the south find It easier to believe someone who is not black over someone who is black.
This has been going on in the south for decades and still continues.
LanternWaste
(37,748 posts)One may believe in the justice system and yet maintain that it may be flawed in particular or specific examples.
However, I do realize the convenience of containing all things within either-or. It's both simplistic and requires little thought... and looks good on bumper stickers.
DrDan
(20,411 posts)indepat
(20,899 posts)knows: "George Zimmerman got away with murder."
smallcat88
(426 posts)on 2nd degree murder. To prove that you'd have to be telepathic and get inside Zimmerman's head to know his intent. Very difficult to prove. But manslaughter? That should have been a given. From the moment he ignored the police operator who told him 'We don't need you to do that' (follow Martin) everything else that happened, Zimmerman instigated, whether he wants to own up to that or not. Even if Martin attacked him. If some guy is following me, I don't know who he is, and he gets close enough, I'm going to try to slam his head into the pavement too. Without a weapon, it's all I've got. Self-defense was Martin's prerogative, not Zimmerman's.
Vinnie From Indy
(10,820 posts)They fucked up the juror interviews in the voir dire phase of the trial. That is the plain truth of the loss in this case. Some senior, experienced prosecutor SHOULD have know that the whole trial, especially this trial, would rest on the juries understanding of reasonable doubt. They should have also drilled down as deep as they could into the jurors exposure to trials they may have seen in the movies or on TV. And, they should have pushed their time during the questioning to the point of drawing the judges disapproval.
They lost this case because one or more jurors either did not care about reasonable doubt or had an extreme idea about it. At that point, human nature kicked their case in the ass. Obviously, and not uncommonly, force of personality overcame the initial guilty votes during deliberations.
Vattel
(9,289 posts)The jury did the right thing.
Fantastic Anarchist
(7,309 posts)She's no saint then.
I don't feel sorry for her at all.
And the fact that she can say she feels as much as Trayvon's mother? Fuck you, Maddy. You hand a chance to do the right thing. Maybe you'll have to face your God.
The God I know wouldn't like me passing the buck off on him.
LittleBlue
(10,362 posts)They didn't necessarily believe Z, but there wasn't evidence beyond a reasonable doubt.
In old Scots law the term would be "not proven" rather than "not guilty".
Federosky
(37 posts)This lady is confused.
GiaGiovanni
(1,247 posts)in court.
bettyellen
(47,209 posts)what manslaughter actually is. Fucking lazy, stupid jurors.
CitizenLeft
(2,791 posts)It was an attempted murder case, and 10 of us were of the same mind as to the verdict - guilty of a lesser charge (assault), but we had two jurors who dug in and outright refused to (1) follow the instructions of the judge, and (2) to recognize that the law must determine the verdict, NOT personal opinions or that "the law is wrong."
Race was not an issue in the case itself (both victim and defendant were black), so I'm only mentioning the races of the two jurors to show how differently these two people came to their conclusions. The middle-aged black woman must've seen something in the 25-yr-old defendant that made her determined not to convict him of anything. No logical discussions about the judge's instructions regarding the law fazed her one bit. The 35-40-ish white man was a gun owner, and adamantly argued his 2nd amendment rights and the castle doctrine, which didn't even apply in this case, even after the judge explained that.
Hung jury. This poor guy, who lost his temper and stupidly shot his gun off in the heat of a family dispute, had to sit in jail for an additional 5 months before he could be tried again.
We deliberated, all told, for about 14 hours before giving up.
Crunchy Frog
(26,587 posts)ChiciB1
(15,435 posts)there's a part of me that understands. Given the statements by B37 I think there was tremendous pressure put on her. She just recently moved here, B37's husband was an attorney and they lived here much longer so I can imagine some real push going on. Just hearing B37's comments and her absolute certainty about Georgie not being guilty, I can see her taking on the role of THE LEADER, or a person who would make others feel beneath her. I'm speculating, but she did come off as the "bully" type.
I give her a lot of credit for coming forth now and I do believe she wishes she had stood up to the others. I think this will haunt her for the rest of her life, but I don't think B37 has even given it a 2nd thought. This may be her way of reaching out to make amends. I'm sure she must know that many are going to attack her viciously, but in my heart of hearts I think Trayvon's parents will somehow understand.
There may be some truth in the fact that "things happen for a reason" and in time GEORGIE will find that pay-backs are hell!! Just look how this attempt to make him into some super good samaritan seems to be backfiring. From the get go this murder has smelled like a rotting fish. His pro-bono lawyers also make my skin crawl. Still working overtime to make GEORGIE into something he's not.
My gut tells me there's a back story that still needs investigating.
I'm not going to pile on, I'm just glad she's telling her story. Remember, she didn't even sign the letter that the other 4 put out. My guess is that she was the "odd man/woman out" from the beginning.
Dustin DeWinde
(193 posts)By no means is it as virulent or as intense as the stench of racism coming from the baggers but Its therre nonetheless.
I know Some of the comments so ready to heap all blame on the sole minority juror is coming from trolls, Some but not all. Get it together folks.
Jenoch
(7,720 posts)Here is one of her quotes:
"But as the law was read to me, if you have no proof that he killed him intentionally, you can't say he's guilty."
Zimmerman's defense WAS that he killed Treyvon intentionally, but was justified in doing so because of self-defense.
I never supported Zimmerman during the trial or since, I am simply pointing out the faulty explanation by this juror.
bettyellen
(47,209 posts)had no idea what manslaughter was, that stricken testimony was crucial to the conviction.
By their standards no one would be convicted of 1st or second degree unless they were video taped saying they intended to do it. I guess any "doubt" seems reasonable if you are a moron. They hid behind the law and voted their feelings.
Jenoch
(7,720 posts)but I don't think the jury voted their feelings, I think they voted on the law. Juror B29 certainly did not vote her feelings.
bettyellen
(47,209 posts)charges meant- but they opted to say WTF and go home. and the first juror to talk certainly did assume she knew what kind of a person Gz was and it figured into her reasoning about what she belived happened. She referred to him as "georgie" like his friends did, and said she knew he had a good heart. She also knew less about court testimony than you'd get from watching on TV. SHe thought a friend of Georgies was an independent medical examiner. She was asleep at the wheel during the trial. SO yeah- her feelings played into it more than the facts she failed to pick up during the trial.
Jenoch
(7,720 posts)I am not attempting to put you on the defense. I just have not read a simple explanation.
bettyellen
(47,209 posts)in the situation. The jurors seemed to think if Trayvon even fought back at all, it's automatically not guilty. They are wrong- but admittedly did not understand the charges. That is irresponsible.
Basically their excuse for their verdict is that they could not read GZ's mind. That is a ridiculous standard.
Jenoch
(7,720 posts)I understand the murder 2 required 'depravity' or 'evil intent' or something like that. But I am confused about the manslaughter part of the case and what was needed to find Zimmerman guilty of manslaughter. I found a CNN article that says: "To convict Zimmerman of manslaughter, the jurors would have had to believe he "intentionally committed an act or acts that caused the death of Trayvon Martin."
The problem with that sentence is that Zimmerman's lawyers were arguing that Zimmerman DID intentionally shoot and kill Martin, but was justified in doing so because of self-defense. I suppose I should ask an attorney this question. However, I'm getting a little tired of the whole thing.
bettyellen
(47,209 posts)beyond a doubt. They somehow thought the state could EVER show them what was in GZ's mind, which is idiotic.
According to them you have to take a murderer's word for it if they say their intentions or feelings are X.
And no, they do not have to take his word. That's where reasonable and credible comes in- they refused to actually judge at all.
NM_Birder
(1,591 posts)I think the problem was the way the law was applied, he should not have been charged with murder 2, should have been manslaughter. Manslaughter would put him in prison for 20-30 years minimum, Florida has pretty rigid laws when a crime involves the use of a gun. Murder 2 was an over charge, and the prosecution didn't come close to proving the state of mind required for murder 2, the hail mary last ditch attempt at manslaughter was too little too late.
manslaughter should have been the charge.
Zimmerman being free is not the fault of the laws, it's the fault of the lawyers.