The Price of Black Man’s Life

Sign in Ferguson as riots erupt.

This decision seems to underscore an unwritten rule that Black lives hold no value; that you may kill Black men in this country without consequences or repercussions. This is a frightening narrative for every parent and guardian of Black and brown children, and another setback for race relations in America.”

Congressional Black Caucus head Rep. Marcia Fudge

Ninety-three percent of blacks are killed by other blacks,” Giuliani said, triggering a heated argument on NBC’s “Meet the Press.” “I would like to see the attention paid to that that you are paying to this.”

“Black people who kill black people go to jail,” Dyson said. “White people who are policemen who kill black people do not go to jail.”

“What about the poor black child that was killed by another black child?” Giuliani asked. “Why aren’t you protesting that?… Why don’t you cut it down so that so many white police officers don’t have to be in black areas?”

“When I become mayor, I’ll do that,” replied Dyson, exasperated.

“White police officers wouldn’t be there,” Giuliani said, “if you weren’t killing each other

Former Mayor of NYC Rudolph Giulani

Those two quotes or a variation of them pretty much encapsulate the debate about Michael Brown, Ferguson and the wider issue of blacks males, crime and the police. The issues are more complicated than those two statements assert but both are partially correct even if not exactly as the quoted intended.

The statistics for young black males are stark. Black males commit and are a victim of homicide at extremely disproportionate rate compared to White males or Asians. We can try to excuse it in a variety of ways but those facts remain. This is where the CBC head is correct, black lives have been cheapened. The acquittal of George Zimmerman in the Trayvon Martin case or the lack of charges by the Grand Jury in the Michael Brown case did not demonstrate that Blacks lives are cheaper, this has been demonstrated for years by ignoring the rampant deaths of thousands of Blacks at the hand of other Blacks for years.

Black people around the country are rioting for the last two days and had been holding protest since August because of the Michael Brown shooting by Officer Darren Wilson but have been silent for the 136 homicide victims in the St. Louis area.  Just last October 19th siblings, 35-year-old Margaree Dixson and 29-year-old Jermaine Jones, were killed by gunshot 2 hours and a few blocks apart.  They were homicide victims number 109 and 110, in a little over month almost 20 other homicides have been committed, few of these ever get solved.

A local news station reported last week that 73% of the more that 136 homicides this year remain open.  A case remains open until an arrest is made but in cases where arrests were made only 8% was there an actual conviction, last year. The same story is repeated nationwide in NYC, LA, New Orleans, around the country.  This is a problem, it not just that Black lives are cheap, is that no one wants to come forward and identify the perpetrators, and they know this. As Nicole Rice, the sister of the two siblings killed explains in the interview:

No answers, no answers, all my answers are to God, I don’t know nothing, I know people talk, and I have clues to what their talking about,” Rice said. I don’t blame the police because they’re doing everything they can do to find out what’s going on, If anyone knows anything, just what you heard, that would give a motive, It goes back to my little niece, well she’s really my cousin, but i call her my niece and her murder has never been solved so you ask me if my brother rand my sisters will be? No. Because no one will talk.

“Snitches get stitches” as DeAndre Joshua, 20 found out he was shot and killed on the first night of rioting. His body was found inside his car, which had also been set on fire. Though no official confirmation has been made, DeAndre fit the description of one of the witnesses that provided testimony to the Grand Jury that heard the evidence in Michael Brown’s case. He is also a close friend of the other person that was accompanying Brown that day, Dorian Johnson. Regardless of whether this was related to any testimony he may have provided or just a victim of opportunity for someone with a grudge against him, he has become just another statistic that will be forgotten in the aftermath of the Riots.

Ms. Fudge is correct that Black lives have been cheapened, they are continually being cheapened everytime that the community hides their criminals from justice. They are cheapened everytime that a riot is started because someone broke their monopoly on killing blacks. Especially when that person was in the act of committing a felony which led to their death. Black lives are cheapened when they excuse all wrong doing by blaming race, poverty or the “white establishment” for every ill in their communities. Children are held to a higher standard of conduct than the one of  many black criminals.

When the Black community celebrates and elevates a petty criminal like Michael Brown, or Trayvon Martin it only ensures that other young Black youths will follow in those footsteps. It also means that because they have been convinced that the law devalues them that they will continue to ignore the law and this never ending cycle will continue. The CBC and Ms. Fudge know this, that is why they are trying as they have done with the Educational system by trying to establish a separate system of grading and disciplining Black students to downgrade aberrant or illegal behaviour.

David P, Goldman describes what is happening with the CBC and the new civil rights movement as follows:

To restate the “civil rights” argument in a clearer way: Young black men are disproportionately imprisoned. One in three black men have gone to prison at some time in their life. According to the ACLU, one in fifteen black men are incarcerated, vs. one in 106 white men. That by itself is proof of racism; the fact that these individuals were individually prosecuted for individual crimes has no bearing on the matter. All that matters is the outcome. Because the behavior of young black men is not likely to change, what must change is the way that society recognizes crime itself. The answer is to remove stigma of crime attached to certain behavior, for example, physical altercations, petty theft, and drug-dealing on a certain scale. The former civil rights movement no longer focuses its attention on supposedly ameliorative social spending, for example, preschool programs for minority children, although these remain somewhere down the list in the litany of demands. What energizes and motivates the movement is the demand that society redefine deviancy to exclude certain classes of violent as well as non-violent felonies.

Which brings us to the quote by Giulani, perhaps ironically is the fact the CBC ( Congressional Black Caucus) were instrumental in pushing for passing legislation that called for more cops and stricter mandatory sentences in the late ’80’s and early 90’s.  During those days crime was rampant, drugs and gang warfare was taking a terrible toll on the communities that they represented. In those days the cries where not about police brutality (though it did exist), but for more cops, tougher sentences, loosening of forfeiture laws. The laws that were passed then did have their intended effect, crime now is at the lowest levels in 40 years but had an unintended effect of targeting criminals which were disproportianately Blacks young males.

Rather than addressing the causes of why young Black males are committing more crime, the civil rights movement and the CBC kept blaming racism and the Establishment for the failures of their own community to address this problem. They still ignore the issue, instead they elevate the violent assaults of Trayvon Martin and Martin Brown  as noble young black male martyrs.

Michael Brown assaulted a police officer and attempted to remove his gun,  what purpose does the supporter of Brown think he was trying to do this? If, this is true do you really want that person in your neighborhood, if attacking a police officer is not out of bounds for him, do you think that attacking someone else would have been? The answer I get when these questions are posed is that he was unarmed and did not deserve to die for stealing cigarillos, but this does not answer the question is just deflects it and since most do not have to live in Michael Brown’s neighborhood it would not affect them either way.

Golda Meir the former Prime Minister of Israel once said about the Palestinian and Israeli conflict:

Peace will come when the Arabs love their children more than they hate us (the Jews).

In many ways the Arab and Israeli conflict is a metaphor for the issues that afflict the Black community. A day will come when Blacks will love their children enough and value their lives enough to stop accepting violent or illegal behaviour as normal and start addressing those issues in their communities. When they realize that all Black lives matter, not just those few that die at the hands of non-Blacks and stop excusing themselves of the problem.

Here’s Police Chief of Milwakee-Police Chief Edward Flynn on the subject.

 

 

The Zimmerman Obsession

In a nationally televised speech President Obama, who was trying to make a case for military intervention in Syria had this to say;

And so to my friends on the right, I ask you to reconcile your commitment to America’s military might with a failure to act when a cause is so plainly just.

To my friends on the left, I ask you to reconcile your belief in freedom and dignity for all people with those images of children writhing in pain and going still on a cold hospital floor, for sometimes resolutions and statements of condemnation are simply not enough.

In case you missed it, the President’s friends on the Left believe in freedom and dignity (Trayvon Martin and his family),  while those on the right are only committed to America’s military might (gun-toting Zimmerman). That is how the Zimmerman story was sold to the public, a young child should be free to walk home from the store and not worry about gun-toting, trigger-happy vigilantes bullies.  That this did not bear the closest resemblance to the truth of that night is immaterial, the truth is what you make of it.

Some of my friends who identify with the left, are put out that members of the Zimmerman family are now embroiled in right-leaning media outlets, after all they are left leaning and they supported Zimmerman.  But there lies in the problem with labels, you can be socially liberal and conservative in other manners or vice versa.  Polls have consistently shown that Blacks as a group are socially conservative but liberal in towards government policy.  This makes sense since the feeling is that government liberated them and it is that government that keeps them that way.  Again, truth has little to do with it but the perception that counts.

Right now George Zimmerman is a celebrity, though not of his own making, anything he does or say is picked up as news.  But should it? As if the last 18 moths had not been hard enough, he now faces an uncertain future.  He has no money, no job (or prospects of getting one), no home and pretty soon no marriage.  I have tried to avoid the impending divorce of the Zimmermans as I see it as another victim of other people’s agenda, who have use the incident to profit themselves.

Recent revelations that some family members were actively plotting against Zimmerman’s lawyer, Mark O’Mara, the lack of closure in the case, the impending unresolved at that time case of perjury against his wife, and all the outside influences providing advice, counsel, reclamations were due to have an effect.  It is hard to imagine how it had to be for someone to spend over a year. on a 6am to 6pm curfew, hiding, trying to avoid looking at the news, your future in limbo and all your plans shattered.

Zimmerman has lost more than any can imagine, and I can see why young Shellie Zimmerman may want to branch out in life.  Trayvon Martin, though dead, has a Foundation in his name, streets are named after him, as may laws, he universally seen as a victim, the Lowell Observatory in Flagstaff, Arizona wants to name an asteroid after him, the TM061 which had been discovered in 2000 but had remained unnamed. But none of these is enough, the sharks are still circling for blood.

Whether you feel that Zimmerman instigated the incident by following Trayvon or not, the fact remains that Zimmerman is a victim of a vicious attack that at least in his mind left him with no choice but to pull out his gun and shoot. Of a society that glamorize violence, sexism, nihilism but is too afraid to say, hey that is just too much.  By a society, that divides everything into left or right, rather right or wrong.  By a society who is skeptical about religion, but believes in vampires, ghosts and aliens.  A society that willingly blinds itself to the truth, if it is inconvenient, it the right people say so.  A society that allows ourselves to be divided by emotion, disregarding consequences.  It was emotion that drove Trayvon to attack Zimmerman and to continue attacking him, even after John Goode had told him to stop.  It is emotion that the President was using to try to get the Nations approval for a military strike. just as it was emotion that the prosecution was counting on to convict Zimmerman.

It is these same obsessive emotions that keep us hounding Zimmerman, let’s give the man a break.

 

Racial profiling, prejudice and bigotry, why the Race Card is maxed out.

Bloomberg, a national publication used the following headline in a story a few days ago; “House Republicans Set to Defy Obama Are Mostly White Men,”.  Which begs the question, why they deemed it relevant to focus on the race and gender of the people in Congress opposing Obama? Is this another of those whistle the left is hearing to proclaim some sort of hidden racism.  Are they implying that those that are opposing the President are only doing so because they are white?  Is Bloomberg racially profiling the Congressmen?

Then there is this a fellow blogger from Australia ask this; Was it racial profiling?  

http://youtu.be/y70tZDW2AqY

Apparently not according to officials but a case of snitching.  The 13-year-old that got the beat down had snitched on one of the 3 for attempting to sell him drugs earlier in the day.  In hindsight someone should have noted that they might ride the bus together and  there could be problems.

A lot talk recently from the President on down about Racial profiling and Racism as a result of the George Zimmerman Not Guilty verdict in the killing of Trayvon Martin.  There have been howl of outrage, calls to replace laws to make it more possible for the prosecution to convict people, for the repeal of the Stand Your Ground laws, though they did not play a part in the case.  Some are calling to make it illegal for private citizens to racially profile as it is for government agents, cops, etc.

So what is racially profiling and it is something that needs our attention to the exclusion of other problems in the US but particularly to the black community?  It racially profiling the same as Racism or worse? Racial profiling at its worst is prejudging a race of people and assigned them a characteristic or group of characteristics that are not exclusive of the every one of that race.  It also used to describe Ethnic profiling as the same.  For example, all Asians are considered to be great at math, which may be true for some but not all Asians.  Another would be to say that all Mexicans are immigrants, or someone who sees a Spanish surname and assumes that you speak Spanish or that English is your second language, the last two being examples of Ethnic profiling.

Most forms of profiling even racial profiling are harmless, but sometimes the prejudice behind the profiling can become such that it becomes bigotry, and it affects how some people react to others, in some cases with disastrous effects.  As it was with slavery  and later the Jim Crow laws or Jews and the Holocaust. There are many other examples of where profiling a people led to great tragedy, most recently Bosnia and Rwanda come to mind.  In the US the issue is the profiling of certain young black males and minorities as dangerous.

Here’s the rub statistics show that this may be the case, certainly not for everyone but for enough to make the prejudice last and stick.  As a father of 2 young black men, this concerns me, which have made me try to ensure that my kids, understand and behave in a manner that is contrary to the stereotype.  I cannot get upset a people for behaving in a way that instinctual, while I don’t do ensure on my part that my kids are acting accordingly.  If I allow my kids to act and behave like thugs, who is to blame if they are seen as thugs.  Racial profiling is not the problem, humans are reacting to what too many young black males are doing.

In France the issue is young Muslim males, in Russia is young disaffected white males, so the issue is not racially profiling but behavior profiling, but those this rise to the level of bigotry or racism?  If you listen to civil rights leaders like Sharpton, Jackson or the NAACP they know so, but from my personal experience that is not the case.  In my estimation people are behaving to this the same way they behave all around the world in the face of young predators.

As modern humans we do not share all the same characteristics as our earlier ancestors. We don’t depend on instinct to make decisions we use observation and reasoning. Sometimes we read books about a subject or activity and depend on the observation and reasoning of others. As social creatures we share information, it is the sharing of this information, much which have been gathered by the observation and reasoning, sometimes of others that have allowed us to survive, to thrive and be the dominant species in this world. That is not to say that the observations and critical thinking have always been right, in fact many have been wrong but with time they have evolved ensuring our survival.

Each day is a struggle for survival, though it may be something that we don’t think about consciously, most  if not all our daily tasks serve the purpose of continuing our survival for another day.  Things we do in the course of a normal day such as eating, drinking, working so that we have money to eat and drink.  Exercising so that our bodies are fit, reading to calm our minds and entertain, bathing to wash away the daily grime and keep microbes in check just about everything we do daily can be tied to our quest for survival.

The night was specially scary for our ancestors as the darkness allow our predators, who were biologically more capable of functioning in the dark, some had better night vision, others had other senses that allowed to take advantage of the dark and would make us an easy prey.  It cause us to become more communal, as there was safety in numbers, we manage to control fire which not only brought us warmth in the cold but also helped to keep the predator away.  As our civilization advanced the tables were turned we not feared the night, and those predators were now our prey.  But with this advancement a new predator appeared, one that was more cunning, resourceful  and worst that any other prey that humans had come up against.

That prey was of course, other humans.  As our civilization progressed the need for communal living and help was abated.  We did not need to move only in groups to ward off predators and prevent becoming dinner.  We could live alone and apart from each other, with the knowledge that except under very rare circumstances there would be no animal predators just lurking to eat us. That worked fine for animal predators but for human ones not so much. We needed new ways to combat the new predator, our homes became impregnable castles in many places, we carry pepper spray, noise makers and guns.  We are told by the police who are tasked with suppressing these predators to travel in groups, use well-traveled routes in essence behave as our ancestors did in other to survive. As our ancestors did in that long bygone era, we have to learn who is safe, who is not, where it is safe to go, where it is not.

We need to know who is the predator and how not become a victim of one. Being able to distinguish friend from foe, and knowing which animals could provide food and which to avoid was something that is ingrained in us.  It is an ability that allowed us survived and build our civilization.  But in today’s civilization were are being asked to forget that which has served us so well, by surrendering to Political Correctness.  

There have been much talk about racial profiling, racism and Stand Your Ground laws, SYG for short, all while avoiding why this happens, and nothing really happens in a vacuum.  Many people don’t know this but the word “racism” did not become part of the English Vernacular until at least 1935.  Before then we use a word that is has a more appropriate meaning to what people mean now, when they use the word racist, bigot.  Though the word has a religious origins meaning a religious hypocrite as it is still use in Italian “bigotto”, it became to used to describe someone who is intolerant of someone because of prejudice or bias against that person or group. Racism on the other hand is the belief that one’s race is either superior or inferior to another race which leads to actions in accordance of that belief.

Let’s put that in the context of what the President Obama said in the aftermath of the Zimmerman verdict, and the human instinct that allowed us to survive all this time;

There are very few African-American men in this country who haven’t had the experience of being followed when they were shopping in a department store. That includes me.

There are probably very few African-American men who haven’t had the experience of walking across the street and hearing the locks click on the doors of cars. That happens to me – at least before I was a senator.

There are very few African-Americans who haven’t had the experience of getting on an elevator and a woman clutching her purse nervously and holding her breath until she had a chance to get off.
That happens often.

The implication of the President was that these actions were the actions of someone who was racist, but if we examine them they hardly rise to the level of bigotry, much less racism.  Department Stores owners follow people all the time for a variety of reasons, is the President saying that security follows or watches a white person that is prudent but watching a black one is racist.  Having had the experience of Managing a retail establishment, I would like to inform the President that in my experience the shoplifter at retail establishment, those that like to stuff little items in their bags are almost always white, if a black person is followed it is not because of the danger of stolen goods but for other suspicious behavior.  For instances they are tracking customers to pick their pockets.  Putting that aside in those communities were there are few blacks, it is still racism if  a store owner follows someone, it he doing it out of spite and bigotry or because he is trying to protect his business and those customers that come to his establishment?

The clicks on the car doors are they really because you are approaching and their has been a rash of carjacking in the area, by people who looked very much like you, until you became a Senator and started dressing differently,  As for the old woman clutching her purse and holding her breath is this because of racism or someone who is fearful and hoping that she does not become a victim of a predator.  Being in an elevator in a small enclosed spaced is terrifying enough but being along with a large stranger, more so.  But is this racism?  It is even bigotry?  Or it more likely, that it is a self-fulfilling prophesy, of those that see racism in the shadows, and interpret every action as such.

Nothing happens in a vacuum,  if a black shopkeeper follows some young black males is he being a bigot against his people or is he acting prudently to protect his business.  A black woman who clutches her bag under the circumstances described by the President is she also being bigoted, or perhaps someone who knows that she could become a victim at any time.  This is not to say that racism does not exist in the true meaning of the word.  But racist are all colors and not just white or white Hispanic as the PC establishment would have us believe.  It is evident all around us though few recognize for such, because we have been indoctrinated into thinking only white on black.

A few years ago,  Jeremy Lin an Asian American Harvard grad, became a sensation in New York when he became the starting point guard for the team, leading the team to a streak of victories.  What many don’t remember is the many black players and commentators that called him a fluke,  and that there were many black players that did what he did and better but were not getting the same type of publicity.  That is racism, the belief of their race superiority over the Asians ball playing skills.  It is the same with many European basketball players that come to play in the NBA, too often their role is of bench-warmer and they were given little opportunity to fail of succeed over comparable black players who were performing the same.  Sports racism is rampant in the US, though it is not recognized.

Racism exists and it will always be around, because we are all human, thinking and believing that we are superior to others in one way or another is just a way of group identity.  The issue is that most of the problems that are called racism are not, but what a reasonable person would think in a set situation.  Cops in NY, don’t stop and frisk more blacks and minorities for their jollies, they do so because it is an effective way to prevent crime and catch criminals, as it is shown by New York city being the safest large city in the country and the world.

Nothing happens in a vacuum,  people will continue to act in a way that will aid their survival, not because they are racist, or bigoted but because history has shown that being prudent and acting accordingly in the face of the threat of danger, can mean you live another day.  It is why calling every action a form of racism has exhausted the Race Card.   The problem will not be solved by ignoring the cause and people’s attitude and prejudices will not change until the cause is address and change becomes permanent.

A Nation in Fear and Cowards on Race

UPDATE!

The president gave a speech today about race and the Zimmerman case.  The Administration is which first made a local story into a National one, continues to so.  There will be a day when we all put people who perpetuate racial stereotypes in their place, even if he is the President, but until then you can read a transcript of his comments here, needless to say that while attempting to sound conciliatory all he managed is stoke emotions, and repeat all the wrong lessons. More on that later.

Full Remarks: Obama speaks on race

 

I have been married for almost 23 years to a wonderful, caring and hard-working woman.  We have 2 great young men, and I beautiful little princess the jewel in my eye.  We have had good times, bad times, we have argued and we have loved each other, but most of all we have been partners in everything.  She also happens to be Black.

When we met on a cool April day in New York, I was struck by her beauty and something that was hard for me to define at the time but I came to realize was a dignity and proud bearing that I found extremely enduring and attractive.  I we got to know each other I found out that underneath that proud bearing was a tortured soul, pulled on 2 sides by what she thought her community expected of her and what her family taught her.  It is a struggle that continues to this day.

The Zimmerman case brought that struggle to the forefront again, as she is caught between 2 worlds again. Her initial reaction was to condemn George Zimmerman, because he was the racist boogeyman that many in her community believes haunts them.  It was like a knee jerk reaction, something instinctual that could not be explained unless you were Black, only then would you understand.  To her as a mother of 2 black young man, this unnatural fear that was evoked by the Trayvon Martin, TM for here on,  killing was founded on her perception of a reality that really does not exist, but at the time she would not admit to that, she couldn’t.  Many still can’t.

I first became aware of the case by complete accident, and only because my sister lives in Sanford and one of  my nephews is the same age as TM. My sister and I grew up apart, and unfortunately are not as close as we should be,  but upon hearing a young black male teenager was shot in Sanford, I was immediately concerned.  As I searched for more information I found out that the shooting was next door to where she lived, I was alarmed as was my wife, who unlike me, talks to my sister on a regular basis.  Unable to reach her, I searched on the internet for any information on the case, eventually I found the Conservative Treehouse,  http://theconservativetreehouse.com/  who were following the case in-depth.

I found out later that the reason I was unable to contact my sister was that she had moved the week prior to the shooting, and had changed her phone number, but by then I knew it was not my nephews that were involved, at the same time I had developed an interest in the case, because what the MSM was saying about the case was in deep conflict with what I was reading on the CTH and another site that followed the case closely Mike McDaniel’s site, https://statelymcdanielmanor.wordpress.com/.  The more I read about the case the more disturbed I became as I recognized something that I had witnessed several times in life living in New York, a racial railroading of a person or group.

As I do with everything that I find interesting I discussed it with my family, I thought that this would be a perfect cautionary tale for my sons.  I was not prepared for the backlash that my sons or my wife gave me.  To their thinking it was all racial, my wife all she could see  in her mind was a picture of a cute young TM in a Hollister shirt, at the time no other more recent pictures had been released, and though I tried to no avail point out the problems with the Narrative that was being sold, to the nation.   I was shouted down, and was called insensitive by my family, they could not understand nor could I explain fully why this case was not as it was being portrayed by the Media.

My wife and I while we do not agree on everything, at least we could see each other’s point even on the most contentious of issues.  This time that was not the case, and it made me more determined than ever to find out everything  could about the case and the people involved.  What I found out, only confirmed my suspicions and now we know that jury not knowing everything that was to know about the case agreed and exonerated George Zimmerman of the politically motivated charges of Murder in the 2nd Degree and Manslaughter.

After the verdict, the reaction by the Black community has been quick, harsh and in my opinion completely unrealistic and not reflective of the case or the evidence.  Too many Black people see this as an insult and as corroboration of deep held beliefs, that White controlled society has abused them again.  I do not identify as Black, White or Hispanic, I always say that I am an un-hyphenated American and that is the way I treat my kids, who by virtue of having a Black mother and features are could be considered Black.

I need to backtrack here, and provide a little background on my better half.  She grew up in a middle class neighborhood bordering an Army base.  As a child most of her friends were not black, and she is still in contact with most of them.  She grew up in with a nice pool in the backyard, a lake to go swimming or fishing a walking distance away, she grew up in suburbia.  Most of her cousins on the other hand did not, they grew in the harsh cities in Jersey City and New York or the black ghettos  in the South.  As a consequence, she through out her life has been called a white girl wannabe by members of her race.  Blackness is not only skin color but an attitude and a way of expression.  My wife never fit that mold, in that regard she and I are very similar.

I on the other hand grew up in the ghetto  in Harlem, until her death my great-grandmother was my caretaker, and while I did spend about 5 years in Puerto Rico as a kid, the rest of the time I was in New York.  I was very poor growing up, though I came from a family that was well off in Puerto Rico.  I remember visiting my aunts and uncles in Puerto Rico and coming back to our humble home with hundreds of dollars worth of clothes and cash, I guess some in the family felt guilty because my abuela due circumstances was cut off from them, and this was a way of atonement for them.  Abuela was very proud and she would not ever go with me on those trips to see the rest of my family, I did not realize it then but my enthusiasm and joy that I showed when I came back with my booty must have been extremely hard on her pride, as she would wish that she was the one providing me with those material things.  The two most important things that she taught me were to be a hard worker, though over 70 at the time she would work hard to provide for us.  She raised pigs so that during Christmas she could slaughter one and sell the meat which she used to get me Christmas gifts, she had sheep for milk and chickens for eggs,  she would cook for others in the neighborhood and they would eat with us and bring things for her to cook and we all shared, though very poor we were never hungry.  The other thing she taught me was to never judge a person based on color, creed or appearance but on their actions. Those two lessons have served me well in life, and when I met my wife though we were of different races and backgrounds, we could both overlook those differences and found a lasting connection.

This case was causing a minor rift between us, and while she eventually saw the truth about the case it served for us to have an honest conversation on race in America and for me to conclude we are a nation in fear and we are cowards when the subject is race, because any honest conversation about race will mean exposing some ugly truths about us all.

No honest conversation on race can be had until we accept the past, and at the same time accept the present.  Our nation is not the same nation of the early part of the 20th century, trying to say otherwise is dishonest, and it helps to end the conversation before it even starts.  So any honest conversation about race will mean that we need to stop fearing the truth, not just of the past but accepting some things about us today, it would also mean we need to stop trying to blame each other, and most of all we need to remove politics from the discussion.

White people will have to accept that the legacy from slavery,  Jim Crow,  separate and unequal, etc will not go away anytime soon if ever.  Whether they agreed or not they were and for the most part are still the Establishment as such you will have to accept that you will be blamed, not necessarily your are responsible but you will be blamed, accept it.  Trying to fight it only prolongs the time for solutions.  Scolding Blacks as children or coddling them will not help, it just reinforces their feelings of being bullied and a victim.  It does not mean we ignore problems but we that we work together towards solutions.  Angry or consolidating rhetoric is just more carbon dioxide in air.  We have to learn to live not in fear of the black men, and not be cowards when speaking about race.

Blacks need to accept that we are not living under same conditions as 50 years ago.  It does not mean we forget, but the opposite we remember and most importantly realize how far we have come, and where we need to go. Blaming all their ills on the past just assures that we don’t move forward.  It is not a white man who forces kids to do drugs, steal or skip school.  Blacks like to talk about how bad education is in their community but how many kids are labeled as trying to be white because they study hard?  When they talk with proper english and diction how many are bullied by others?  Why is it that black immigrants do better than those native-born? Why are we teaching our kids to be hard, take no shit from anyone ? Rather that being conciliatory and solve problems with discussions instead of violence?  Sports are NOT, not the only gateway out the ghetto, in fact it is rare occurrence.  Education and hard work has uplifted more than all sports combined.  The violence in our neighborhoods is rampant and we need to stop it, it is not White on Black genocide but Black on Black and anyone that says otherwise is lying to you and does not care for the community. We must let go of the fear of the establishment and not be a coward and speak out when we are being misled with BS.

As an American, a White hispanic, father of two young Black man, I made sure that they are respectful, mindful of the laws and most of all good people who don’t judge others based on their actions not their color or ethnicities.  Let us get together and get rid of those charlatans that say anything to keep us divided,  at the end of the day we are just one race that is the human race until we all remember that we are doomed to petty fights with no end in sight.  That does not help anyone, except those that perpetuate those myths aimed at keeping us divided and them in power.

The Zimmerman case demonstrated again how easily it is to divide a country, not with truth but with willful lies and a little emotion.  The tragedy that happened in Sanford will continue to happen in other parts of the country unless we accept responsibility for our actions, and start thinking with our heads instead of allowing us to be manipulated by emotion, that clouds our reason.   Until face our fears of each other and stop being cowards and speak the truth to each other race relations will always be strained, no long-lasting relationship can last without honest dialog between each other, my wife and I can attest to this, the honest truth can hurt but it is needed for healing.

Zimmerman Case, The Prosecution’s Case

The case of the State of Florida against George Zimmerman is fast approaching.  Jury summons have been mailed, subpoenas for witnesses are being mailed, all moving towards what seems like an unavoidable very public trial. As I mentioned in a previous post, the prosecution is trying to line up its ducks to prepare for its case, the guys at Rumpole’s site decided to do a little exercise on what sort of case the prosecution has and how they would have it presented. H/T to John Galt and Chip Bennet.

John Galt, presented the prosecution’s case, Chip Bennet did the rebuttal, my comments are in red.

John Galt-BDLR’s anticipated story:orl-bernie-de-la-rionda-20130305

GZ Background: Neighborhood Watch, prior calls to police about youth burglars, Neighborhood Watch meeting, training, not supposed to pursue or carry gun, GZ lives in neighborhood, familiar with neighborhood and streets. GZ criminal justice training. Knows the law. Implication: GZ knows how to conform his story to requirements of law.  While I agree that BDLR will attempt to introduce prior calls by GZ  to the SPD, he had to be careful with this, as it opens the door for the Defense to introduce evidence of the over 400 calls made to 911, for a variety of issues in the neighborhood.   It also bears saying that GZ did not call 911 but the Non-Emergengy number, the distinction being that if GZ truly “profiled” TM as a criminal he would have called 911 for a faster response.  In other words he saw something suspicious, rather than confront, he wanted the police to handle it.

NEN call: GZ profiled TM as a criminal because he was walking in the rain with a hoodie: fuarking punk, azzholes always get away. GZ followed, even after dispatcher told him not to follow. Looking for an address excuse is BS, GZ was still pursuing TM. BDLR will reference NEN call as containing running and wind noise from running. BDLR will reference GZ’s prior calls to cops, purchase of gun as demonstrating GZ’s evolution into crazed vigilante who wants to stop azzhole fuarking punk from always getting away. The Prosecution has made a lot of hay out of 2 ‘off the cuff’ statements, trying to prove malice in GZ, IMO this is the prosecution reaching, if the call is listened to objectively, the frustration and resignation in GZ’s voice is evident, not as the prosecution projects.  I believe BDLR will try to use the call to suggest at least stalking by GZ, and that he was following TM, I don’t doubt that he will try to imply that GZ disregarded the police (though the dispatcher is not a LEO) was reckless and an escalation. This is a reason the wording use is important like the use of the word “profiling” without any context makes it look as a crime. If the prosecution used the words GZ determined that TM was suspicious,  it loses the intent, and it makes the jury think, why would GZ determine that TM was suspicious.  The word profile puts the onus on GZ, and removes TM from the equation. The Defense picked up on this at the 1st bond hearing and grilled Investigator Gilbreath about it. They need to continue.     

TM returning from 7-11: This is a big problem. I think W8 would get shredded. Chad might fold and his story is inconsistent with purchase of a single WMFJC(Arizona Watermelon Fruit Cocktail) and a bag of skittles. Not two drinks and no snack for TM. There is also the half time basketball game problem and why Chad didn’t hear shooting and sirens and other commotion. The 7-11 video shows a scary hooded, pants sagging thug. 3 stooges drug deal might surface. So if I were BDLR, I would be inclined to skip the 7-11 trip and have cop testify about what was found at scene of the shooting: WMFJC and candy. Not really pertinent where or why he bought items. No drugs, burglary tools, stolen property, no bag for carrying burglary tools or stolen property and no weapons. Just simple facts: We found the dead kid with WMFJC, skittles, lighter, a small amount of money (no drugs or big drug dealer cash), headphones, cell phone, button. No gang tattoos, has his momma’s name on his arm. Nothing consistent with any intention to commit a crime. Dead kid was staying with father and girlfriend in the neighborhood. [That simple little last part might be a problem, maybe just have cop testify that he subsequently located TM father staying in neighborhood and looking for missing kid. Don’t want to open the door into why TM was staying in the neighborhood. Maybe Nelson helps out by banning mention of anything bad about TM.] I agree with JG in this regard, the prosecution will have to thread carefully with this area.  As the motions filed by the State prove they want to conceal as much of TM past as the Judge will allow.  How did TM get to Sanford if he does not live there? Where did the WMFJC and skittles come from?  Both of the prosecution’s witnesses in this regard are problematic,  Chad, may have to answer questions that the State does not want to answer and W8 has other issues that we have address in other posts.   I believe that BDLR will call W8 and not Chad.  She can establish that TM went to the 7-11 and could alibi TM for the length of time it took him to get back as well (was raining, they were talking, etc.)  Chad can open a can of worms the State does not want and for that reason I don’t think he will be called to testify.

Timeline: If GZ was returning to his truck after NEN call, he would have been at his truck. GZ had no intention of returning to his truck as evidenced by telling dispatcher to have the cops call him upon arrival, rather than meet him at his truck. “have them call me and I’ll tell them where I’m at” GZ was hunting TM, didn’t want “fuarking azzhole punk to always get away” If I was BDLR, I would make that my mantra. Try to say it as many times as possible. GZ evolved into an obsessed gun-toting Neighborhood Watch vigilante, falsely profiled TM as a criminal, and consistently pursued him to keep “the fuarking azzhole punk from always getting away.” Depraved state of mind. I also think that the State will try to get as much traction from this as possible.  Speculation aside, the timeline does provide enough time to GZ to return, not that he was doing anything illegal by him slowly walking back or just standing at the point he last saw TM, but the prosecution will attempt to paint this as reckless, and demonstrative of GZ lack of fear or concern about TM.  It is not much but it is all the State has and needs to make the most out of it.

Confrontation / Fight: TM body and phone 30 or 40 feet away from T where GZ alleges he was attacked. GZ chased TM down the T. Witness heard confrontation moving in that direction. GZ advancing, chasing fuarking azzhole punk to prevent him from always getting away. TM retreating. No GZ blood found in vicinity of T. TM has only one tiny cut on his knuckle (autopsy actually calls it an abrasion, which is more consistent with a fight). Inconsistent with administering MMA beating. GZ has minor scrapes on head, inconsistent with beating head repeatedly against sidewalk. GZ sustained broken nose after he chased TM down and attempted to keep him from getting away. GZ started the fight. Sybrina & Cutcher – TM was screaming for help. Poor little boy was screaming for help. [I think Nelson would be doing BDLR a favor if she banned the flaky voice experts. Cross-ex and rebuttal would be extremely ugly, and would make it appear that BDLR is engaged in a desperate attempt to BS the jury. Don’t put Tracy on the stand for voice ID. Just Sybrina and Cutcher.] I would also call W 6 so that the jury won’t be surprised later, dark, not sure who was screaming for help, guy in red was on the bottom, but didn’t see or hear blows struck, didn’t hear head hitting sidewalk. Austin saw somebody on the ground, doesn’t know anything else, didn’t see anybody on top throwing blows, didn’t hear blows or head hitting sidewalk. I agree that the State will try play up the distance as proof of a chase.  40 feet without context sounds like a long distance but if you say that the body was 13 yards or 15 steps from the T it suddenly does not look as bad.  Even though there is a debris trail that leads down the path from the T to the location of the body, the defense will try to claim the fight started at or near the final location, giving the appearance of a least following by GZ. I believe BDLR will try to claim the screams came from TM, the voice analysis is inconclusive, in fact one report asserts that GZ was making the screams that really transfixed the nation, the other report hinges  who has the younger sounding voice; anyone that has heard GZ will have doubts as them not coming from GZ.  If the voice experts are allowed to testify their testimony will be more confusing than probative.  Sybrina saying it is her son may help in the matter but only to some extent and it would open the door for the Defense to argue that Tracy did not think it was TM.   W6 and Austin (boy walking dog) have limited value in this regard and could actually help GZ, so I would be careful with their testimony.                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

Medical / Gunshot: Kid is dead, shot in the heart by Z’s gun. Shot placement intended to kill, not merely disable or stop attack. GZ shot to kill. Pretty straight forward stuff here, as GZ has admitted to shooting TM, only interesting aspect will be if the State will try to present testimony that the angle of the wound somehow  show malicious intent on the part of GZ.  Make absolutely no mention of the toxicology report or get an expert to testify that it was not a factor.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

Aftermath: GZ astride TM, holding his hands apart, down, still trying to prevent the fuarking, azzhole punk from trying to get away. GZ still obsessed, depraved: keep fuarking azzhole punk from trying to get away. Depraved Neighborhood Watch vigilante gone wild. Not trying to help TM, not lying or sitting on ground as if he had a serious head injury or had sustained repeated blows to the head. GZ lucid and nonchalant, tells neighbor to call wife and tell her he just shot somebody, tells cop he shot the kid. No big deal, not agitated or distraught or dazed or confused. [BDLR has already filed motion to exclude GZ’s “I was screaming but nobody would help.” as a self-serving statement. This is a very important motion, imho.] GZ declined medical treatment beyond cleaning up blood from superficial abrasions. Definitely, bringing up the injuries and what are perceived as minor abrasions will be part of the State case, the law is clear that this is not a consideration but to some jurors it might give them a pause.  Combined with the attempt by the prosecution of suppressing statements by GZ, give the indication that this is part of their argument.  GZ actions will be analysed thoroughly and this is one area that will be examined.

Then rest and see if defense puts GZ on the stand. Cross GZ with inconsistent statements if he testifies. Make him look absurd. You’ve lived in the neighborhood for how long? You are Neighborhood Watch and regularly patrol neighborhood. You have previously called police numerous times, yet you still don’t know the names of the streets? Serious injury? Fear for your life? You thought you were sustaining life threatening blows to the head, but you refused to go to the hospital. Isn’t it true that you had determined in your mind that TM was a “fuarking punk” ? Isn’t it true that you had determined in your mind that TM was an “azzhole who always gets away” ? Isn’t it true that you had determined in your mind that TM was a criminal intending to commit a crime in the neighborhood? Isn’t it true that you called the police because you believed in your mind that TM was a criminal intending to commit a crime in the neighborhood? My belief is that the whole prosecution’s strategy is to force GZ to testify on the stand.  I feel that is the prosecution’s best scenario for obtaining a guilty verdict.  Disallowing or at the very least inserting enough doubt into GZ story of self-defense so that either their theory or one of the included lesser charges are considered is their goal.  I don’t see how they can outright prove the charges with the evidence they have presented.

List of witnesses for the State:                                                                                                                                                                                                                                                                                                                                                                                        

Gun dealer employee(s) where Z bought gun, took class
Custodian of records from GZ criminal justice school
Woman at SPD that exchanged emails about Neighborhood Watch program
Cop that made neighborhood watch presentation
Custodian of records at SPD regarding Z’s prior calls
NEN and 911 call dispatchers & custodian of records to authenticate recordings
cops responding to TM shooting scene
cops that examined, mapped, photographed scene and collected evidence
EMT responding to TM shooting scene
W6, I would add W8
Cutcher
Austin
other 911 caller that heard confrontation moving down from T.
witness at scene that GZ told to call his wife
Sybrina
Medical Examiner & gunshot expert


John Galt’s counter argument is brief but to the point:

The counter argument is that there is no evidence that GZ started the physical conflict and that the location of the physical evidence corroborates GZ’s statement that he was attacked by TM at the T while returning to his vehicle. Following TM to attempt to maintain visual observation (as arguably requested by NEN dispatcher) is not a crime. Self-defense does not require actually suffering serious physical injury, but rather reasonable belief of imminent danger of death or great bodily harm. Basically the position taken by the SPD from the outset: GZ should not have been charged in the absence of probable cause.

I just don’t think that adding a bunch of absurd easily rebuttable BS (W8 and voice experts) strengthens the state’s case.

This is Chip Bennet”s response, point by point in blue.omara
BDLR’s anticipated story:GZ Background: Neighborhood Watch, prior calls to police about youth burglars, Neighborhood Watch meeting, training, not supposed to pursue or carry gun, GZ lives in neighborhood, familiar with neighborhood and streets. GZ criminal justice training. Knows the law. Implication: GZ knows how to conform his story to requirements of law.

I assume that the defense would object to the relevance of any of this information? Background does not help prove the instant charge, does it?
Also: Florida CCW law preempt any law, statute, regulation, or rule prohibiting concealed carry. Zimmerman’s knowledge of neighborhood and its streets is pure speculation. The defense may object but some background will ultimately be admitted about GZ  in this regard.  The NW information should be irrelevant unless the State can prove he was on duty at the time.  As for addresses, I agree pure speculation.

Quote:
NEN call: GZ profiled TM as a criminal…

Speculation. Zimmerman said that he “looked like he was up to no good”, and that he was just “wandering about”, and “looked like he was on drugs or something“. Insert toxicology report here. If Nelson prohibits it, one more obvious point for appeal. Again this is more about the prosecution setting GZ state of mind than actual evidence of anything. 

Quote:

…because he was walking in the rain with a hoodie: fuarking punk, azzholes always get away.

Give BDLR some extremely minor points for motive. I am not conceding any points to BDLR, that is his assertion, GZ saw a suspicious figure and wanted the LE’s to respond.

Quote:
GZ followed, even after dispatcher told him not to follow.

Evidence? Without evidence, this is speculation, and I assume the defense will object on grounds of arguing facts not in evidence, or speculation. The most the NEN call can prove is that GZ kept within eyesight of TM until he lost him once TM turned on the dog path down the T.  W8 testimony is at best confusing, but only give the indication of  GZ following, not anything else.

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Looking for an address excuse is BS, GZ was still pursuing TM.

Speculation. No evidence. Since GZ was unable to communicate with LE’s afterwards due to the incident, BDLR can assert this, but can’t prove it.

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BDLR will reference NEN call as containing running and wind noise from running.

More speculation. No evidence of the cause/nature of the wind noise. And most importantly: even if it is evidence of Zimmerman running (moving quickly – defense will argue that he was in poor health/bad back, wearing work boots, and thus incapable of running), the wind noise stopped a few seconds after the “We don’t need you to do that,” “Okay” exchange. Another issue where the prosecution will assert something but has no proof.

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BDLR will reference GZ’s prior calls to cops, purchase of gun as demonstrating GZ’s evolution into crazed vigilante who wants to stop azzhole fuarking punk from always getting away.

More speculation, and arguing facts not in evidence. Zimmerman purchased his handgun in December 2009 (after obtaining his CCW in November), in response to a menacing dog in the community, and at the specific advice of the police officer who responded to Zimmerman’s report about the menacing dog“Don’t use pepper spray,” [the police officer] told the Zimmermans, according to a friend. “It’ll take two or three seconds to take effect, but a quarter-second for the dog to jump you. Get a gun..   The defense will have to get someone to testify to this.  Once that is done this point will be nullified.

Quote:

TM returning from 7-11: This is a big problem. I think W8 would get shredded. Chad might fold and his story is inconsistent with purchase of a single WMFJC and a bag of skittles. Not two drinks and no snack for TM. There is also the half time basketball game problem and why Chad didn’t hear shooting and sirens and other commotion. The 7-11 video shows a scary hooded, pants sagging thug. 3 stooges drug deal might surface. So if I were BDLR, I would be inclined to skip the 7-11 trip and have cop testify about what was found at scene of shooting: WMFJC and candy. Not really pertinent where or why he bought items. No drugs, burglary tools, stolen property, no bag for carrying burglary tools or stolen property and no weapons. Just simple facts: We found the dead kid with WMFJC, skittles, lighter, a small amount of money (no drugs or big drug dealer cash), headphones, cell phone, button. No gang tattoos, has his momma’s name on his arm. Nothing consistent with any intention to commit a crime. Dead kid was staying with father and girlfriend in the neighborhood. [That simple little last part might be a problem, maybe just have cop testify that he subsequently located TM father staying in neighborhood and looking for missing kid. Don’t want to open the door into why TM was staying in the neighborhood. Maybe Nelson helps out by banning mention of anything bad about TM.]

And all of it is irrelevant to the matter at hand: what happened to instigate and escalate the physical altercation between Zimmerman and Martin. I agree that Witness 8 has already served her complete purpose, and will never grace the inside of a courtroom. I am going to disagree slightly, I think the prosecution will call W8 and roll the dice. 

Quote:

Timeline: If GZ was returning to his truck after NEN call, he would have been at his truck.

Zimmerman was under no obligation to go directly to his truck, Do Not Pass Go, Do Not Collect $200. Obvious rebuttals:
– Zimmerman’s stated timeline, including walking to the front side of the building, looking for a sign, and then walking back, fits entirely with the timeline of events
– The timeline, which includes 2 1/2 minutes from Zimmerman hanging up with NEN to the first witness 911 call connecting, does not provide sufficient time for Zimmerman to traverse 380 feet to Brandi Green’s home, to chase Martin 380 feet back to the sidewalk T, engage in a verbal confrontation, and then engage in a physical altercation.
– If Martin was attempting to return home, he had more than ample time to do so, before Zimmerman ever ended his NEN call.
On its own, this point proves nothing – and there is GPS/ping evidence that will show, to some degree of detail/resolution, the relative paths of both Zimmerman and Martin.
We are missing a part of the puzzle, which I hope the GPS/ping logs would clarify, but baring evidence to the contrary if GZ choose to stand at the T, he has every right to do so.  Ascribing thoughts or intentions without proof is wrong and discriminatory.

Quote:

GZ had no intention of returning to his truck as evidenced by telling dispatcher to have the cops call him upon arrival, rather than meet him at his truck.

Speculation. BDLR is not clairvoyant, and cannot state as fact anything regarding Zimmerman’s intent. Claiming the fact that he eventually shot Martin as evidence of Zimmerman’s intent is logical fallacy, begging the question.
More assertions without facts or merit.

Quote:
…”have them call me and I’ll tell them where I’m at” GZ was hunting TM, didn’t want “fuarking azzhole punk to always get away”

More speculation. More arguing facts not in evidence, specifically: “hunting”. Agreed.

Quote:

If I was BDLR, I would make that my mantra. Try to say it as many times as possible. GZ evolved into an obsessed gun-toting Neighborhood Watch vigilante…

I would expect the defense to object every time BDLR attempts to do so. Such statements are speculative, represent facts not in evidence. 

While BDLR will not probably use those words, he imo, will attempt to portray GZ as such

Quote:
…falsely profiled TM as a criminal…

Speculation. Facts not in evidence.  Also: Zimmerman indicated that Martin “looked like he was on drugs”. Toxicology report confirms that suspicion. That confirmation corroborates Zimmerman’s suspicion, and corroborates his state of mind/contradicts depravity of mind.
I mentioned the word profile before, I hope the Defense addresses it, further.

Quote:
…and consistently pursued him…

Facts not in evidence. Where are the GPS/ping location maps?

Quote:

…to keep “the fuarking azzhole punk from always getting away.” Depraved state of mind.

Prior police/incident reports will corroborate that fear/concern regarding “punks always getting away” is perfectly justified.
Great point.

Quote:
Confrontation / Fight: TM body and phone 30 or 40 feet away from T where GZ alleges he was attacked. GZ chased TM down the T.

Evidence of chase? None so far.
Rebuttals:
– 30-40 feet during an assault is nothing, and easily fits Zimmerman’s statements
– Martin disappeared around the side of the building several minutes before the altercation took place. How/why was he anywhere near 30-40 feet from the sidewalk T?
– Debris field corroborates that the altercation started AT the sidewalk T
– The timeline does not provide sufficient time for a chase
– The dog walk path/area between the houses would have been dark, due to lack of lighting, and particularly so, given the weather. Zimmerman’s sight distance would have been no more than a few feet (as corroborated by Witness 6 testimony)
– Zimmerman indicates that he lost sight of Martin before he ever exited his vehicle, and when standing in the vicinity of the sidewalk T, told the NEN operator, “I don’t know where this kid is”

Quote:
Witness heard confrontation moving in that direction.

More evidence that the altercation started in the vicinity of the sidewalk T – direct contradiction to the pursued/chased/hunted speculation.

Quote:
GZ advancing, chasing fuarking azzhole punk to prevent him from always getting away.

Speculation. Facts not in evidence. Where are the GPS/ping location maps?

Quote:
TM retreating.

Speculation. Facts not in evidence. Where are the GPS/ping location maps?

Quote:
No GZ blood found in vicinity of T.

Irrelevant. Proves nothing. Why should there be any of Zimmerman’s blood in the vicinity of the sidewalk T? He could have been sucker-punched in the nose by Evander Holyfield, and he probably would not have bled (much less, sprayed blood to the extent that any would be found at the location of the punch) immediately at the sidewalk T. 
Did everyone forget it was raining that night?  Any blood diluted by the rain would easily wash off, same applies to clothing with water-resistant coating which GZ  was wearing.

Quote:
TM has only one tiny cut on his knuckle. Inconsistent with administering MMA beating.

Plenty of witnesses corroborate that Martin was on top of Zimmerman. Witness 6 testimony refutes speculation regarding inconsistency.

Quote:
GZ has minor scrapes on head, inconsistent with beating head repeatedly against sidewalk.

More speculation. Also, mis-characterization. The wounds were lacerations, not “minor scrapes”. Blunt force trauma (such as head banging the ground/sidewalk) can present as either internal or external injuries. Mere existence of head injuries corroborates claim that Martin was aggressor and Zimmerman was victim.

Quote:
GZ sustained broken nose…

Prima facie evidence that Martin was the initial physical aggressor.

Quote:

…after he chased TM down…

Speculation. Facts not in evidence. Where are the GPS/ping location maps?
See bottom 

Quote:

..and attempted to keep him from getting away.

Speculation. Facts not in evidence.
Further: no evidence that Martin reasonably feared that Zimmerman would imminently use unlawful force against Martin; thus, no evidence that the broken nose was a justifiable use of force in self-defense.
This is an important point, as even the testimony of W8 disproves that TM felt afraid of  GZ. In fact one gets the notion that he was annoyed.

Quote:
GZ started the fight.

Speculation. Facts not in evidence.

Quote:

Sybrina & Cutcher – TM was screaming for help. Poor little boy was screaming for help.

Cutcher impeached herself. No “little boy” was present.
Sybrina: on cross, will be forced to admit that she has never heard Trayvon scream bloody murder as recorded on the 911 call, and thus cannot reliably state that the voice was her son’s.
Rebuttal: eye-witnesses. Tracy Martin’s admission (as witnessed by 3 SPD officers)

Quote:
[I think Nelson would be doing BDLR a favor if she banned the flaky voice experts. Cross-ex and rebuttal would be extremely ugly, and would make it appear that BDLR is engaged in a desperate attempt to BS the jury. Don’t put Tracy on the stand for voice ID. Just Sybrina and Cutcher.]

If the voice experts are allowed: another point for appeal. Also, I agree that they will be detrimental to the State’s case.
Quote:

I would also call W 6 so that the jury won’t be surprised later, dark, not sure who was screaming for help, guy in red was on the bottom, but didn’t see or hear blows struck, didn’t hear head hitting sidewalk.

Witness 6 corroborates Martin’s use of force against Zimmerman, and disparity of force (full MMA low mount, punching/knocking to the ground, forcibly restraining) that would itself justify reasonable fear of imminent risk to life or great bodily harm.

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Austin saw somebody on the ground, doesn’t know anything else, didn’t see anybody on top throwing blows, didn’t hear blows or head hitting sidewalk.

I’m not sure Austin gets called. His recanted testimony would open up doors that the State/Scheme Team would not want opened.
Agreed.

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Medical / Gunshot: Kid is dead, shot in the heart by Z’s gun. Shot placement intended to kill, not merely disable or stop attack. GZ shot to kill.

Use of a gun is inherently deadly force. Shot placement does not make the use of the gun any more or less deadly, statutory.

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Aftermath: GZ astride TM, holding his hands apart, down, still trying to prevent the fuarking, azzhole punk from trying to get away. GZ still obsessed, depraved: keep fuarking azzhole punk from trying to get away. Depraved Neighborhood Watch vigilante gone wild. Not trying to help TM, not lying or sitting on ground as if he had a serious head injury or had sustained repeated blows to the head. GZ lucid and nonchalant, tells neighbor to call wife and tell her he just shot somebody, tells cop he shot the kid. No big deal, not agitated or distraught or dazed or confused.

Lots of more speculation, facts not in evidence. Neighbor eye-witness testimony, EMT statements, responding police officer statements all support Zimmerman’s self-defense claim, and refute such attempted nonsense speculation.
W6 who was closed to the scene was unable to clearly see the incident, but someone at twice the distance was able to make out GZ activities around the body?

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[BDLR has already filed motion to exclude GZ’s “I was screaming but nobody would help.” as a self-serving statement. This is a very important motion, imo.]

How could this possibly be inadmissible? More grounds for appeal.

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GZ declined medical treatment beyond cleaning up blood from superficial abrasions.

Not relevant. Justifiable use of deadly force in self-defense does not require a severity-of-injury threshold. (Insert anecdote about the Utah soccer referee here. )

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Then rest…

If this is all the State presents – speculation, theory, and no evidence – then I would expect the defense to file a motion to dismiss/acquit due to lack of evidence.

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…and see if defense puts GZ on the stand. Cross GZ with inconsistent statements if he testifies. Make him look absurd. You’ve lived in the neighborhood for how long? You are Neighborhood Watch and regularly patrol neighborhood. You have previously called police numerous times, yet you still don’t know the names of the streets? Serious injury? Fear for your life? You thought you were sustaining life threatening blows to the head, but you refused to go to the hospital. Isn’t it true that you had determined in your mind that TM was a “fuarking punk” ? Isn’t it true that you had determined in your mind that TM was an “azzhole who always gets away” ? Isn’t it true that you had determined in your mind that TM was a criminal intending to commit a crime in the neighborhood? Isn’t it true that you called the police because you believed in your mind that TM was a criminal intending to commit a crime in the neighborhood?

There’s almost no chance that O’Mara/West let BDLR attempt his argumentative, witness-badgering, leading/compound question, pit bull routine with Zimmerman on the stand.donwest

Basic conclusion, as illustrated by this exercise in which we tried to use the discovery to convict GZ.  In order to do so the prosecution has to make jumps. speculate on things and avoid certain facts of the incident.  For the prosecution to make a case it has to ignore distances, completely ignore conditions and assume malice on GZ’s part based on 2 phrases.  For instead the State cannot prove a chase, as there was none, the distances and timeline preclude that.  Some of the witness testimony is suspect because of the conditions of that night.  It was raining, very dark and visibility only a few yards.  This further complicates the implication of a chase as unless GZ was within a few yards of TM he would have lost him, and not have caught 15 steps from the T as some on TM’s camp have asserted.  The voice testimony from the prosecution is contradictory at best, exculpatory at worst. W8 testimony obfuscate a large portion of time that may not be to the State’s benefit to get into.  Attempts to demonize GZ have failed, and they now concede that GZ did not have a Felony record, this is a clear indication that after further investigation the State was unable to prove a history of violence as many claim. Right now the prosecution imo is reduced to trying to force GZ to testify in order to make something out of nothing.

This travesty is set to go on trial June 10th help the Defense Fund if your able.