In less than one month, the second degree murder trial of George Zimmerman is scheduled to begin on June 10. And already the city of Sanford, Florida is expecting huge crowds on both sides of the case—those in support of George Zimmerman and those who support Trayvon Martin. It is being seen as a case of huge race and class proportions based on what transpired or did not happen on the night of the murder. If George Zimmerman had been arrested on the night of the murder of Trayvon Martin, this case would more than likely have generated very little publicity. It would be a murder trial of the killing of a 17 year old by a neighborhood watch person.
By allowing George Zimmerman to remain free until April 11, 2012 following the February 26th murder of Trayvon Martin, this trial now has huge racial overtones. In those 44 days, a public outcry occurred in the mainstream media and online due to the killing of Trayvon Martin, a young black male, who was walking in a gated community with a bag of Skittles and an iced tea, en route to the residence of his father’s fiancé. Without the large lapse of time before the arrest, there would not be the sensational trial that is about to begin. So what we will now experience is a trial of national racial proportions, an O.J. Simpson case in reverse. And what should be on trial is a second degree murder of an unarmed 17 year old walking with a bag of Skittles and carrying iced tea, killed by a neighborhood watch person. The race and class implications would still exist, even if Zimmerman had been immediately arrested, related to the seemingly unwarranted suspicion created just by a young black male walking in a gated community.
A lot of potential evidence has been leaked through the media. Yet, the trial has not begun and much of what has been leaked may never be presented to a jury. Only two people really know what happened on the night of the murder but only one is alive; And Zimmerman, the remaining living one, and his defense team will attempt to portray the victim, someone he never met before, as an aggressive teenager who was out to kill him, if he didn’t kill him first. Zimmerman will undoubtedly assert that he cried out for help fearing for his life before shooting Trayvon Martin in self-defense.
The trial may have its share of side show issues in the way of school records, use of marijuana by the victim, school discipline issues, Facebook postings, character faults and virtues of the victim and defendant. Marijuana will be in evidence because it is contained in the autopsy report. And the State’s medical examiner will testify about his toxicological findings. Character of the victim will be on trial by the defense, if allowed by the judge. Of course, that’s a double edge sword that can also backfire with a jury. Even if Trayvon Martin was not a star student, had issues in school, had marijuana in his system at this death and had fights as a teenager, do these really have anything to do with why he was killed on February 26, 2012?
State of mind of the defendant in asserting self -defense is an issue. George Zimmerman asserts that he was fearful for his life and that Trayvon attempted to reach for Zimmerman’s gun. That’s where the audio of someone’s voice heard screaming may come into play. Apparently, two state’s experts disagree on whose voice is heard on the audio tape. One concludes that it is Trayvon Martin’s voice. Another expert concludes that it is a combination of Trayvon and George Zimmerman’s voices. It will be interesting to see how this plays out in the hearings. The presiding judge must rule on whether any audio expert may testify.
Scars on the back of the head of George Zimmerman indicate a fight occurred and that he was apparently either on the ground or struck in the head. No piece of evidence indicates if Trayvon Martin exhibited deadly force against Zimmerman. It is all circumstantial evidence.
There is the direct testimony of Zimmerman, should he take the witness stand. If he takes the stand, the defendant’s character faults will be on display. Remember his credibility suffered a substantial blow when he decided to be less than truthful and honest surrounding his bail hearing and bail issues. His defense team knows they cannot rest on his testimony alone.
There are a lot of what ifs in this case. However, what ifs do not constitute evidence. Except no matter how I try to objectively view the case as a defense attorney and former prosecutor, I am still left with several major what ifs. What if George Zimmerman had heeded the neighborhood watch patrol instructions to patrol the neighborhood without carrying a fire arm? And what if George Zimmerman had obeyed the 911 dispatcher’s advice and not have followed Trayvon Martin. What if George Zimmerman had not taken the law into his own hands instead of just reporting his suspicions to the police and awaiting the police officers’ arrival? What if George Zimmerman had been arrested on the night of the killing?
We can’t turn back the hands of the clock with what ifs. We can only play it forward with a jury trial. The jury trial is set to begin on June 10.
Post Script: Debbie Hines appeared on the Thom Hartmann show on May 29, 2013 to discuss the issues in the upcoming trial and issues.
Debbie Hines is a Washington, DC based practicing trial attorney, former Maryland prosecutor and member of the Supreme Court bar who is an expert in criminal law, high profile criminal cases, gun laws, death penalty cases and voting laws. She often addresses legal issues at the intersection of race and crime.
AJ says
You forgot one “what if” … what if the burden of proof was on the State? Oh, that’s right… it is.
Debbie Hines says
Yes the burden of proving that George Zimmerman killed Trayvon Martin is on the state. There’s no “what if” there.
Lonnie Starr says
Mustn’t forget that GZ has told several boldfaced lies about what happened that night. The best example that comes to mind is, he says he was knocked to the ground and mounted there at the “T”, but the body of Trayvon Martin is found 40.5 feet away to the south. In fact, according to GZ’s story, he was attacked, at a time when both he and Trayvon would still have been on their cellphones, him talking to Sean the Non-emergency number operator, and Trayvon talking to DD. So, there are quite a few things about GZ’s story that simply do not add up. But, which must believed, if GZ is to be set free. So, it probably isn’t going to happen.
Cercando Luce says
The defendant has admitted to killing the victim; gun and casing are in evidence. I think what was meant was that the burden of proof showing defendant’s depraved indifference to Trayvon Martin’s life is on the state. I am eagerly awaiting fiber evidence and telephone records. Cellphone GPS records might be too much for me to hope for.
Debbie Hines says
Yes, under the Florida statute for 2nd degree murder, the prosecutor must show that the defendant- GZ acted with a “depraved mind” meaning without regard for human life. Florida state laws permit the prosecution of second degree murder when the killing lacked premeditation but the defendant acted with enmity which is hostility toward the victim. Shooting an unarmed person goes a long way towards making the case.
Bryan Bissell says
I agree that there are a lot of what-ifs in this case but I think you missed a few. There are just as many what ifs surrounding Trayvons actions that night as well even though you have only focused on Zimmerman. What if Trayvon would have gone home instead of either waiting in hiding for Zimmerman or returning to the scene to confront Zimmerman? By all accounts and logic as well as the official timeline and distances traveled in that amount of time, there is absolutely no way Trayvon could have been where he was had he just walked straight home. He didn’t even have to run. People seem to forget that Zimmerman was on the phone with non-emergency for approximately 2 minutes after Trayvon ran from him. Where was Trayvon that whole time when his fathers girlfriends apartment was but a minute walk away?
The real problem I see with this case is George Zimmerman has multiple injuries to him and Trayvon had none whatsoever. Someone was yelling for help for at least 42 seconds. A witness sees Trayvon on top of Zimmerman just before the shot and hears someone yelling for help. In it’s simplest form, who in their right mind believes someone would be on top of another person and yelling for help when the person on the bottom has all of the injuries and the one on top has none? Why would Zimmerman, if so depraved of mind, allow someone to scream for help for 42 seconds in an area surrounded by potential eye witnesses all the while allowing that person to beat you bloody before shooting them? It makes zero sense.
The biggest what if in all of this is, what if everybody who believes Zimmerman is a murderer only believes that because they were lied to? Since April of last year proof has come out that the official narrative put forth by the Martin family’s attorneys has been less than true but yet those talking points are still parroted everyday. What if you have all been Crumped?
Debbie Hines says
The real problem and what ifs with this case is there would be no case or “what ifs”if George Zimmerman had followed the Neighborhood Watch Patrol guidelines to refrain from bringing firearms to patrol and also followed the 911 dispatcher’s instructions to refrain from following Trayvon and let the “real” police do their job. And remember Zimmerman was following Trayvon. Trayvon was en route home to his father–when Zimmerman perceived “suspicious” activity that turned out to just be walking while black in a gated community.
Bryan Bissell says
Well, Debbie, the good thing is nothing you just said will have any pertinence at trial. Zimmerman was within his legal rights to to everything he did up until the point where Trayvon initiated the confrontation. Both DD and Zimmerman say Trayvon initiated the contact…which brings us back to the question: Why was Trayvon where he was? Once you understand that this case begins after the NEN call is over, you will see where the states case falls flat.
Mutual combat usually leaves marks on both people. Had Zimmerman intended on harming Martin how did Martin not have any signs of being in an altercation whatsoever? Answer: Because it wasn’t mutual. It was a one-sided attack. What right did Trayvon have to assault Zimmerman when both parties had the right to be where they were when the fight started?
Someone with a depraved mind does not call police and have an officer sent to his location BEFORE hand. Someone with a depraved mind does not yell for help for over 42 seconds to try and get someone to HELP. If police had arrived 90 seconds sooner, who would have gone to jail? Hint: Not George Zimmerman.
LadyStClaire says
I’m going to be very blunt here, Zimmerman should IMO be facing first degree murder instead of second degree. he has lied about the events of that night since day one. how could anybody be so heartless to do what he did to that child? I have no sympathy for this man, if you can call him that.
The defense is talking about filing a motion to delay this trial because IMO, they can’t find anybody to perjure themselves as to whose voice is heard on the NEN call, screaming for help.
If there was ever anybody who deserved to be put to death, it’s Zimmerman!
LadyStClaire says
@Bryan Bissell, what if Zimmerman had left Trayvon alone and, mind his own business? *YOU PEOPLE* don’t care two cents about Fat Boi, it just that he murdered an AA kid in cold blood that has the support of people like you. you all know this POS is lying and, yet you continue to make up lies about and smear his innocent victim. Zimmerman has dog whistled all of you BIGOTED RACIST out to action but, not to worry because, if the state don’t get him, the feds will. if he had shot and killed a white child, EVERY LAST ONE OF YOU RED NECKED IMBECILES WOULD BE SCREAMING FOR THE DP.
May he and you ALL, rot in HELL and, keep up the good work of letting the rest of the world know just how *IGNORANT* some white people in this country can be. FYI, Trayvon never laid a hand on BIG F***Y!
LadyStClaire says
@Lonnie, these *BIGOTED RACIST* are addled brain to the point that, they think that by them and the Zimmerman family smearing and slandering this deceased child, is going to help Fogen get out of the pickle which he finds himself in. what they are actually doing, is showing the rest of the world just how *IGNORANT* and classless they are. this goes for the Zimmerman family as well because, they have taken to some of these sites as well,in order to trash this child and his family.
Gladys Zimmerman has shown just what her status is in society and, so has the rest of her family. “THEY HAVE NO CLASS AND, THEY ARE MORALLY BANKRUPT AS WELL!”
Sonja Ebron says
To my mind, Zimmerman assaulted Trayvon the instant he left his truck to follow the fleeing pedestrian he’d been trailing in pitch darkness for some time. Trayvon had a right to self defense at that time and could have knocked Zimmerman out with no legal repercussions whatsoever. So Zimmerman’s act of following a person fleeing from him — and there’s no dispute this is what happened; it was recorded by police — subjects him to Florida’s Use of Force by Aggressor statute, which effectively denies him a claim to self defense.
Further, his numerous lies to police mean that nothing he says can be treated as credible evidence, so there is no credible evidence that Trayvon ever attacked Zimmerman, beat him, or threatened his life. In other words, there is no justification for the shooting. Depraved mind is proven by Zimmerman’s shooting an unarmed person without adequate justification. Given that Trayvon died from Zimmerman’s intentional act, second-degree murder is proven. The screams, the trivial nature of the injuries, the timeline, the girlfriend’s testimony, all those other elements of the state’s lopsided case against Zimmerman, are largely irrelevant in light of the fact of Zimmerman’s initial assault on Trayvon.
I also believe a premeditated murder occurred, but I know premeditation can’t be proven. What I hear on that 911 call is the interrogation at gunpoint of a terrified, screaming teenager. By the time the gun was fired, I believe Zimmerman knew two things: that he had detained at gunpoint the innocent, baby-faced guest of one of his neighbors (who, based on those screams, would make one hell of a witness against him), and that the police he had called were a minute away. This failing criminal justice major chose to sacrifice Trayvon for his own career goals and undeserved freedom. That was premeditation.