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Zimmerman and Martin Case- Self Defense or Profiling

Zimmerman and Martin Case- Self Defense or Profiling

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George Zimmerman and Trayvon Martin Case to face intense scrutiny of the Jury.
George Zimmerman and Trayvon Martin Case to face intense scrutiny of the Jury.

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Published by: Jerry E. Brewer, Sr. on Jun 14, 2013
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06/14/2013

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 6/14/2013
E D I T O R I A L and O P I N I O N
Zimmerman and Martin Case- Self Defense or Profiling
The six person jury to be selected, seated, and sequestered in the trial of George Zimmerman in thedeath of Trayvon Martin in Seminole County, Florida on February 26, 2012, faces a monumental task of simply staying focused on the factual evidence and the rule of law.Smoke and mirrors, mere public opinion, nor media bias has a right or a place in deciding the guilt or innocence of George Zimmerman in this case. Political influence on any side of the aisle, intimidation,or threats against either side must not be tolerated by this court. It is the responsibility and duty of thiscourt to seek the truth without prejudice and to render a fair and just verdict.
 
George Zimmerman
Does it truly matter to the court who Zimmerman or Martin
was “
 prior 
to the events of that evening?The charge against Zimmerman is second degree murder. A second degree murder conviction in thestate of Florida requires an
“ 
unlawful killing of a human being, when perpetrated by any act imminentlydangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death
of any particular individual 
.
A conviction as such constitutes afelony of the first degree, punishable by imprisonment for a term of years not exceeding life or asotherwise provided by Florida statutes.
E D I T O R I A L and O P I N I O N
 
6/14/20132
The prosecution knows the physical confrontation
immediately
prior to the gunshot is the critical issueof this case. Their position is that Martin was provoked due to racial profiling. The prosecution mustshow that this depraved (
marked by corruption or evil; perverted)
state of mind existed at the time of theshooting. The defense must show that Zimmerman legally defended himself with lethal force against anaggressor that he believed was about to cause him great bodily harm or death. Florida law allows itunder those specific circumstances.
Trayvon Martin
What are the known facts of this case?
On February 26, 2012 at 7:09 p.m. in the gated community of Twin Lakes, Sanford, Florida; Trayvon Martin, 17, was shot in the left chest area,
one inch to the left of the anterior midline- one half inch below the nipple;
virtually a contact wound with gunpowder residue present (
with soot, ring abrasion, and a 2x2 inch area of stippling
). The wound track passed directly
from front to back,
and there was no exit of the projectile.The weapon was a semi-automatic (double action only) Kel-Tec 9mm pistol. This weapon was designedand marketed for maximum concealment ability. George Zimmerman, 28 (at the time); a resident of theTwin Lakes community admitted to shooting and killing Trayvon Martin. Zimmerman, claiming self-defense. Zimmerman met the State of Florida requirements for and legally possessed a conceal-carry permit for that firearm and was lawfully carrying it.Zimmerman was a permanent resident of the gated community; Martin was not. Zimmerman was anactive participant in the neighborhood watch program there with a documented history of calling insuspicious activity; was legally in a place/location and at a time usual for law abiding citizens.The language as to who confronted who at the time of the shooting is unclear and speculative. There is
nothing illegal in Zimmerman’s preliminary actions
prior to the confrontation; absent any evidence that
Zimmerman “forcibly” detained Martin; assaulted/battered him, or otherwise violated any protected
right of Martin. Martin would also not be justified in assaulting or battering Zimmerman.The true issue at hand is the first harmful event. The State of Florida believes that Zimmerman
“provoked”
Martin. Provoke by definition- to anger, enrage, exasperate, stir up, arouse, incite or 
stimulate to action. The “who threw the first punch” conj
ecture would in fact be the first harmful event;not mere words, shouting, insults, and related verbal communication or gestures if it were to occur. It became a crime when either one of them assaulted or struck the other- if that even occurred prior to thefatal gunshot.
 
6/14/20133
The racial profiling described by the prosecution that allegedly provoked, angered, or enraged Martinhas not been factually laid out. It is not possible to see the culpable acts that would even support such atheory to date.There was no evidence presented to date of a hate crime or similar action at the original scene. In fact,the truth (after an altered media audio clip emerged) was that the civilian police dispatcher askedZimmerman the race of the suspect.
Zimmerman: "
This guy looks like he's up to no good. Or he's on drugs or something. It's raining, andhe's just walking around, looking about."Dispatcher: "OK, and this guy
 – 
is he black, white or Hispanic?"Zimmerman: "He looks black."
In the George Zimmerman case the “affidavit of probable cause” for second degree murder, theinvestigator/affiant Dale Gilbreath, based his “probable cause” for arrest essentially on Zimmermanobserving Martin and “assumed he was a criminal.” Affiant further states that Zimmerman called the police and spoke to the dispatcher. Zimmerman indicated that he (Martin) “was acting suspicious” and
asked for an officer to respond.
A close examination at the prosecution’s case with what has emerged to date is that Zimmerman isallegedly guilty (charged) of second degree murder because Zimmerman “provoked” Martin; improperly
followed him; and confronted him- then shot him.Even if Zimmerman had not been a neighborhood watch participant in his community and simply aconcerned citizen, would he not have a right to be suspicious at something pursuant to his or her ownfeelings or perceptions? What is fact is that community had experienced multiple burglaries and thefts,and at least one shooting previously.It is fact that released recorded calls to police show Zimmerman got out of his car that night andfollowed Martin at some point, and Zimmerman claimed he was on his way back to his truck whenMartin attacked him. Zimmerman was not involved or engaged in any unlawful activity, and was in a place where he had a right to be.The prosecution stated that Zimmerman got out of his car and began following Martin and the dispatcher 
“instructed Zimmerman
not to do that
,”
 
and that Zimmerman “disregarded the police dispatcher andcontinued to follow Martin.... Zimmerman confronted Martin and a struggle ensued.”
Again, the facts are that the dispatcher suggested Zimmerman (on tape)
did not need to do that.
Thedispatcher was not a sworn police officer, but a civilian dispatcher. It was not an illegal act for Zimmerman to exit his vehicle and observe or to walk along and follow behind someone to maintainsight as police responded to the scene and could be accurately directed in. This is done every day when people or even neighborhood watch people call for assistance for what they perceive to be suspiciousactivity. They are encouraged to not directly confront these suspects but report where they are.There is no report or any language that indicates that Zimmerman confronted, engaged, threatened, or even spoke to Martin before he walked back to his car. At one point Zimmerman cl
aims he didn’t see
him anymore.

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