An Analysis of George Zimmerman's Not Guilty Verdict

Many were shocked when it was announced that a jury of six women found George Zimmerman not guilty of all charges associated with the death of Trayvon Martin.  However, it must be remembered that the jury had to follow the letter of the law in deciding Zimmerman's fate.  At least one juror has come out publicly and stated that although she believed Zimmerman "got away with murder," that because she had to follow what the law stated, she was duty bound to find Zimmerman not guilty.

To say that Zimmerman "got away with murder" but was not guilty is a confusing statement to make. So what exactly was Zimmerman charged with, and how could the jury find him not guilty? First, the actual letter of the law in Florida, in pertinent parts, is laid out here, so the exact standards by which Zimmerman was being prosecuted can be undersood.

From the very beginning, Zimmerman admitted killing Trayvon.  But Zimmerman claims the killing was in self-defense, or in legal terms was “excusable” or “justified.”  These terms are legal terms of art that mean that a perpetrator will not be punished for an act that on its face is a crime if there is a good legal reason for its commission, such as self-defense or reasonable mistake.  Essentially, a homicide is not a crime if it is justified or excused.  Zimmerman's defense team ultimately declined to invoke the controversial stand your ground Florida law and thus did not seek to gain immunity from prosecution and civil suit.  (Fla. Stat. 776.032).

The DA charged Zimmerman with second degree murder and the lesser included charge of manslaughter. At the close of evidence, the prosecution asked the judge to allow the jurors to consider third degree murder on the basis of child abuse.

The crux of the proof necessary for the charge of second degree murder (punishable up to life in prison), boils down to the commission of an "imminently dangerous" act "evincing a depraved mind regardless of human life."  Premeditation is not necessary.  Under Florida law, in order to prove that Zimmerman had a "depraved mind" the prosecution had to present evidence that he acted with "ill will, hatred, spite or evil intent."  See Leasure v. State, 105 So. 2d 5 (Fla. App. 2012).

In order to prove manslaughter (punishable up to 15 years in prison), the prosecution had to present evidence that Zimmerman committed an intentional act that caused Trayvon's death.  See Haygood v. State, 109 So. 2d. 735 (Fla. 2013).  But if there is evidence for a legally sufficient excuse or justification, no crime was committed.  Loosely speaking, the crux here is whether Zimmerman honestly and reasonably feared for his life at the time he pulled the trigger; in other words, whether Zimmerman's actions were reasonable given the circumstances. In deliberating, the jurors have to engage in Monday night quarterbacking.

The evidence that was presented in this case makes it a close call.  There was certainly enough evidence to put Zimmerman on trial for the death of Trayvon, but the jury had a tough job.  In my opinion, the most important result of this case is opening the national dialogue about the assumptions that are routinely and all too often unjustifiably made about young black men in general.

At the end of the day, whether Zimmerman committed a crime under Florida law was a close call. Perhaps the prosecutors didn't present their case well enough, perhaps the police did not gather enough evidence, or perhaps the jurors were not well-instructed on the law. I do believe it was a mistake for the prosecution to argue Zimmerman was a vigilante, purposefully acting as judge, juror and executioner.  Either way, whether the evidence was enough to convict was ultimately up to the jury.

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Lawsuit Alleges George Zimmerman's Planned "Escape"

On December 21, 2012, a civil lawsuit was initiated by CMR Associates, Inc., against George and Shellie Zimmerman alleging breach of contract.
The Orland Sentinel reports that the lawsuit is seeking payment in the amount of $27,000 for protection services allegedly rendered.  According to the Orange Sentinel, the lawsuit also alleges an elaborate plan, cloak and dagger style, to whisk away and hide George Zimmerman from the public, including changing vehicles and clothes, and checking for GPS devices to throw off any surveillance by paparazzi or the public.
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Everyone, and Now His Mother: The Latest of Zimmerman's Family & Friends to Speak to Media

I have previously opined on this blog that George Zimmerman's supporters talking to the media are not helping his chances of acquittal at trial.  Very few attempts at using the media by Zimmerman's family, friends and attorneysin defense of his actions have done anything but appeared to worsen public opinion against Zimmerman.  On September 11, 2012, Mark and Sondra Osterman appeared on the Dr. Phil Show to talk about their friend George Zimmerman.  The couple claimed that during Zimmerman's absence from public appearances following the shooting of Trayvon Martin, Zimmerman stayed in their home.  This past Monday, October 8, 2012, Zimmerman's mother, Gladys Zimmerman, joined his brother Robert Zimmerman, Jr., on Piers Morgan Tonight on CNN and became the latest on the growing list of Zimmerman's family of friends who just can't seem to stay out of the media spotlight.

On the Dr. Phil show the Ostermans were perhaps the first of Zimmerman's camp to be interviewed that actually appeared to help Zimmerman's image.  While Mark Osterman, a law enforcement officer, was very careful to never repeat what Zimmerman told him about the shooting incident (an extremely wise choice), Osterman stated, based on what Zimmerman told him and based on his knowledge of Zimmerman's character, that he believed Zimmerman did not break the law.  What makes Osterman's statements particularly credible is that, recognizing hindsight being 20/20, if he had the chance, Osterman would advise Zimmerman to act differently on that tragic night.  Perhaps more importantly, Osterman did not engage in the victim-blaming that so many others to have spoken to the media have done.  He appeared thoughtful and insightful in his comments rather than the cavalier way in which others (including Zimmerman himself) have defendend Zimmerman.

 

Yesterday on Piers Morgan Tonight, Zimmerman's mother emphatically denounced the notion that Zimmerman is a racist.  She stated she places her faith in the judicial system to find her son innocent.  Gladys's comments, though unwise, may not have been damaging to Zimmerman's image.  In contrast, Zimmerman's brother engaged in the same victim-blaming in which he has engaged from the beginning.    While the Ostermans may have helped Zimmerman's image, the latest interview may be enough to erase whatever goodwill the Ostermans were able to garner for Zimmerman.

 

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Zimmerman Facebook Page Shutdown by Defense

George Zimmerman's defense team announced today the GZ Facebook page would be shut down.  The press release citss "diminishing returns" and increasing "concern" over speculation on the Facebook page over Zimmerman's guilt or innocence.

It begs the question, after all the public statements Zimmerman has made related to his prosection, what did they expect?

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George Zimmerman Just Keeps Talking

In a stunning move, George Zimmerman's attorneys have now made the decision to release Zimmerman's statements to police following the February 26, 2012 killing of Trayvon Martin.  This move comes on the heels of the release of the jailhouse calls between Zimmerman and his wife Shellie, in which it appears the two were colluding to make false statements to the court.

How could it possibly help Zimmerman's case to release his own words to police the day after the public heard audio tape of Zimmerman and Shellie talking in code and trying to hide money? Why would Zimmerman's attorneys think the public is likely to believe Zimmerman's statements to police at this moment in time? Why when Zimmerman's credibility is in question?

In addition to his family and friends, Zimmerman would do best to ask his attorneys to stop speaking publicly too.

Update 6/28/12:
Florida prosecutors have now released more evidence in the Trayvon Martin killing.  The police report of the February 26, 2012, incident has been made public, reports the Huffington Post, under pressure from the media, despite both prosecutors' and Zimmerman's attorneys' objections.  Apparently, now Zimmerman's camp sees the wisdom in clamming up.

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George Zimmerman Is His Own Worst Enemy

Despite the majority of public opinion appearing to believe that George Zimmerman is guilty of the unjustified homicide of Trayvon Martin, there is apparently a significant, if silent, segment of the public that believed in Zimmerman’s innocence.  The Los Angeles Times recently reported that Zimmerman was able to collect more than $200,000 from his now defunct website, The Real George Zimmerman, indicating belief in his innocence.  One prominent Southern Baptist leader,  recently defended Zimmerman and criticized prominent african-american leaders, including President Obama, for their responses to the Trayvon Martin tragedy. So, does Zimmerman’s defense have legs under the Florida statute?
Florida’s Stand Your Ground statute  is very liberal in its protection of the right to self defense.  The Florida statute states “a person is justified in the use of deadly force and does not have a duty to retreat if . . . [h]e 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 . . .”   Details reported to the media about the events that night have so far been scant, but what has been made public are: the 911 call Zimmerman made, the telephone conversation between Martin and reported by his girlfriend at the time of the incident, and a few near-by witnesses who reported someone screaming for help and saw two people fighting.  Based on what has been made public, and despite Zimmerman knowing law enforcement was on the way, and despite the fact that Zimmerman followed Martin after being specifically told not to by the 911 operator, Zimmerman might have had a chance of convincing the judge or a jury to give him the benefit of reasonable doubt who might then have dismissed the charges; might have, that is, if Zimmerman’s recent alleged actions did not appear that he had gone about “working the system.”
Regardless of what really happened that night on February 26, 2012, when Trayvon Martin was killed, Zimmerman now has his work cut out for him in trying to gain back his freedom.  The recent release of the jailhouse calls between Zimmerman and his wife Shellie Zimmerman do nothing to help Zimmerman’s case in the court of public opinion.  Before each of Zimmerman’s calls was connected to Shellie, a recording advised, “This call will be recorded and subject to monitoring at any time.”
Despite this warning, in the calls between the two that were released, it appears Zimmerman thought he was being stealthy, and talked in what appears to be code: while Shellie was at the bank, she and Zimmerman talked about making “transfers.”  Zimmerman advised Shellie to make transfers from “Peter Pan” to “his,” and then from “his” to Shellie’s “every day,” and to pay off all the credit card bills.  Zimmerman talked about having “at least a hundred dollars” in his account and Shellie talked about having problems wiring “ten dollars” to Zimmerman’s account, and Zimmerman reminded Shellie to “wire ten dollars” everyday.  Shellie advised she “found a house” and Zimmerman advised to “put it under Jay’s name.”  Shellie and Zimmerman also discussed whether she “had access to ten dollars,” could “transfer ten dollars,” and to put “ten dollars in the box.”  Shellie reported going back to the bank “to do that thing” and confirmed a debit card was ordered.  Zimmerman advised Shellie he “asked Ken to double up on it, ten dollars in the morning and ten dollars in the evening,” that way Shellie could take “ten for you and ten for Suzie,” and clarified “he can only take it from Peter Pan to mine.”  Zimmerman reminded Shellie to “make the transfers.”  At one point, discussing posting bond, Zimmerman advised “if it’s more than fifty, just pay the ten percent” to a bondsman and then Shellie asked, “you don’t want me to pay a hundred dollars?”
It doesn’t take a genius to infer what “Peter Pan” means, what amount “ten dollars” really is and how much “a hundred dollars” really is.  If Zimmerman is this emboldened, on a line he knows is monitored by law enforcement, how truthful has he been about the February killing of Martin?  Glaringly absent from these calls is any concern for Martin’s family.  After this latest development, at least one analyst believes that public opinion in Zimmerman’s favor will diminish.
Zimmerman would be best advised to stop speaking publicly, and to ask his friends and family to do the same Share