Tag Archives: Florida

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Zimmerman’s Whereabouts Unknown, Per Lawyer – Update 6

As each day goes by, another piece of evidence pops up that tears into George Zimmerman’s claim of self-defense in the killing of Trayvon Martin. As we have already detailed, Zimmerman has already failed the test of “self-defense”, even if you believe every word of his story.

But this morning (what is it with Sundays), another troll comes into the fray to claim that none of the evidence that is mounting against Zimmerman’s story is true, that it is all made up. So, I thought it might be prudent to put it all together in one place.

UPDATE 4/10/12 2:11 pm: Zimmerman’s lawyer’s have withdrawn themselves from representing him. More importantly, they have not had contact with Zimmerman in days, and never, at any time, did they meet Zimmerman. Any conversations they had were strictly remote conversations, either by phone, email, or text.

Another disturbing fact from their withdrawal is that they say Zimmerman is not in Florida. This differs from their previous statements that Zimmerman had never left Florida. They also state that Zimmerman had communication with Fox’s Sean Hannity, but they he would not tell them what was discussed.

As to the website Zimmerman has launched for contributions to his defense, they say that Zimmerman’s father was putting up such a website when they found out Zimmerman had already done so himself. This does beg the question: If he has no current legal representation, where are those funds going?

911 Call From Zimmerman

In his 911 call from his truck, Zimmerman, describes Trayvon Martin as suspicious, possibly on drugs. He says he walks toward him, then away, then runs. Zimmerman states in his 911 call “These assholes. They always get away.” When asked if he is pursuing, he says he is. 911 dispatcher tells me they don’t need him to do that. Zimmerman says he lost sight of Martin. Zimmerman ends the call, telling police to call him when they arrive.

The Scene

To give some context to the incident, it is important to see the scene:

Neighborhood where Trayvon Martin was staying. There are exactly three streets.

The first important thing to note is that in the neighborhood where Zimmerman was acting as a “neighborhood watch captain”, there are exactly three streets. And only three. There are two entrances, one to the north, and one on the east. These facts come into play when reviewing the information that Zimmerman has given regarding the incident.

The first to note is that by the description Zimmerman gives of where Martin was and which direction he was going, there is only one possible path Martin could have traveled. He would have come in from the north traveled past the clubhouse (there is no sidewalk here), crossed the street, and headed between the houses to where he was eventually killed.

Why do the street names matter? Because Zimmerman, the “neighborhood watch captain”, says he had gotten out of his truck to look at a street sign to see where he was, and that Trayvon Martin attacked him from behind. Which begs the question – if there are only three streets, and the street he was on does not change names, why was he looking at a sign? If you have been neighborhood watch captain in this neighborhood for any period of time, would you not know what street you were on, especially since there are only three streets?

Let’s take a closer look.

Closer look at the area of the incident

This is a closer look at where the incident took place. The red arrow indicates the direction Martin was walking, again from the description on the 911 call. The green area is where Zimmerman’s truck would have been parked. We do not have an exact location, but again, we can determine this from Zimmerman’s description of events in his 911 call. The small red circle is the area where Trayvon Martin lay dead.

Zimmerman’s first information to 911 is that he lost sight of Martin. This would make sense if Martin went around the homes to walk down the central path, headed back to the house where his father and brother waited. Here is where Zimmerman’s testimony gets confused. He says he was returning to his car, to look at a street sign when he was “jumped”. The street sign would have necessarily been on the street. Again, why would he need to look at the sign? But let’s assume he did. If he lost sight of Martin, it would mean that Martin would have had to go around the corner, then come back. But that would have put the altercation to the north of the row of houses, not between the two rows. For Zimmerman’s story to fit, he would have had to been between the two rows of houses.

But where would Martin have been hidden? This is a wide open area. How did he hide from Zimmerman enough that he could not be seen, yet be able to sneak up on him? The description of the events does not match the lay of the land. To believe the story, you would have to believe that Martin turned the corner (after running around it, per the 911 call), then lay in wait until Zimmerman came around the corner, then waited until Zimmerman turned around to leave, before springing out to attack.

UPDATE 4/3/12 9:01 PM:  Zimmerman’s father went on the Sean Hannity show along with lawyers to give yet another version of the story…

This version of the story needs a little more detail. Zimmerman’s father says his son exited his truck (#1) while on the 911 call. and had been following Martin when he disappeared around the corner. He continued along the east/west path but had lost sight of Martin and headed down the path to get a street number as a location (#2). He then turned around and was approached by Martin at the intersection of the paths (#3). from there, they scuffled, and the story goes on with his head being bashed into the ground. Zimmerman’s father says they scuffled for about 40 seconds (this can be heard on the 911 tapes).

As with the previous story, the timeline is a problem. From the time Zimmerman hangs up with 911, to the time we know Trayvon Martin was shot, it’s only 2 minutes. 120 seconds. Per this new story, the last 40 seconds of that were spent fighting. That leaves a scant 80 seconds for Zimmerman to have left his vehicle, walked all the way down the path, returned and been confronted by Martin. As we have previously noted, the distance from the car to the place where Martin was left dead was about 200 ft. To add the additional walking distance as described by Zimmerman’s father would have been another 100 ft. That’s a good distance to go. But it also ignores a detail – that in this version, Zimmerman would have walked past that path intersection twice. How did he not see a 6’1″ tall Martin, dressed in a light colored hoodie, not once, but twice? To believe this story, we have to believe that somehow, Trayvon Martin disappeared from view and then returned just to confront Martin. Where did he hide? The area between the homes is about 50 feet wide, with few areas to hide in.

UPDATE 4/5/12 4:18 PM - Adding a new image by Dave Weigel, who writes for Slate and MSNBC:

Scene of Trayvon Martin's Death - Image Dave Weigel

This is the area between the homes where Trayvon Martin was shot. The intersection of the two paths near the right of the picture is the one described by Zimmerman’s father.

In the most recent version of the story, Zimmerman was at this intersection twice. The first time after he lost sight of Trayvon Martin, and continued on to the right of this picture to get a house number. The second time is allegedly when Trayvon Marton approached him and the scuffle began – Zimmerman would have been traveling from right to left.

For his story to flesh out, Martin would have to have been hiding his 6’1″ frame somewhere here in such a way that Zimmerman missed him not once, but twice, and that he would not have seen Martin approach him from the nearest possible hiding spot. To come out from hiding, and go near the intersection would have exposed him for at least a few seconds. But if the new story is to be believed, the scuffle would have had to move all the way back to this location from the intersection of the paths. Two houses down. Again, given the timeline, that the fight was only 40 seconds long, and that it started up near the intersection of paths, this seems implausible.

The “Fight”

The time between 911 calls, from the time Zimmerman hangs up to the 911 calls that capture the gunshot, are very compressed. Zimmerman’s initial call to 911 ended at 7:15 pm. Cell phone records confirm that Martin was on the phone with his girlfriend, and by her account, he said he was being pursued. She says she heard an exchange between the two, and the phone went dead at 7:16 pm. By the time police arrived at 7:17pm, Martin was dead. So, if Zimmerman’s story is to be believed, he lost sight of Martin, hung up his phone, and in the next 120 seconds, Martin – while on the phone with his girlfriend – made the choice to turn around and head back to approach Zimmerman, hitting him, knocking him down, getting on top of him, struggling for Zimmerman’s gun, and ending with being shot.

But again, let’s look at the lay of the land. Zimmerman, by his own testimony, was parked near “the mailboxes”. If you look closely at the image, you’ll see the location of those mailboxes were at least 2-3 houses from the bend in the road. In other words, in the short time span between 7:15 and 7:17, Zimmerman somehow went from his truck, 2-3 houses down,    north to the end of the row, around the corner, around a second corner, and was contacted by Martin after turning around to go back to his truck. And in the fight that ensued, had his head bashed on concrete, struggled for a gun, and shot Martin. All in 120 seconds.

From where the truck was parked to the location of the shooting is approximately 200 ft. of walking distance. Bear with me while a get a bit nerdy…

Average walking speed is about 3 MPH. That’s about 15,840 ft. per hour. Or 264 ft. per minute. So, at an average walking speed, it would have taken almost half of those 120 seconds for Zimmerman to reach the location of the shooting. This means the whole altercation, including not seeing Martin, turning around to go back to his truck, being “jumped” or attacked, the fight, everything, happened in a space of 60 seconds.

Unless – Zimmerman wasn’t walking. But then, this changes the dynamic. If you’re a young kid, walking home, and a guy starts following you, perhaps even running to catch you, aren’t you the one who has the right to stand your ground?

But perhaps the most important element of the timing is the whole discussion of whether Zimmerman had ended his pursuit. And this timing shows that if Zimmerman had ended his pursuit, it happened less than a minute before Martin was shot dead. So even if Zimmerman considers he had ended the pursuit, it’s possible Martin did not feel that was the case and confronted him. But if he had ended the pursuit earlier, the altercation would not have happened where it did, and would more likely have been at the end of the row of houses, or nearer the street.

The Injuries… Or Lack Thereof…

According to Zimmerman’s story, Martin had gotten the upper hand in their altercation and was on top of him, beating his head into the concrete. Zimmerman’s father, a former VA magistrate, says he was severely beaten, with a broken nose and gash to the head. Zimmerman’s attorney says that his client had a gash big enough that it nearly needed stitches. And his brother says that he fired his gun before he lost consciousness from one more blow to the head.

Sounds pretty serious, except these stories also do not fit what we have seen released. In particular, a full video showing Zimmerman arriving at the Sanford Police Department, exiting the police cruiser and walking to an interview room. In none of these shots, is there any visible evidence of a broken nose. No bruising, no blood. There is also no visible evidence of a gash sufficient to require stitches. In fact, no evidence of any real injury at all.

UPDATE 4/2/12 11:52 am – ABC News has released an “enhanced” version of the surveillance video that shows marks on the back of Zimmerman’s head. It is unclear what the marks are, but may be cuts. But there is still no evidence of a broken nose and no visible blood anywhere.

UPDATE 4/2/12 5:54 pm – ABC News now reporting that they have asked a medical expert to analyze the enhanced video, and the there are no signs of significant injury or a broken nose that would be consistent with Zimmerman’s claims.

The fact that there does not appear to be blood on his clothing is significant. Remember his story  - Zimmerman says Martin was on top of him, they fought for Zimmerman’s gun, Zimmerman pulled the trigger and shot Martin in the chest. The law of gravity says that blood would fall from the wound. And if not, that same law of gravity says that someone, leaning forward to bash your head into concrete, when shot would fall onto you. This would cause transfer, even if just a little, to your clothing. But Martin was found dead on the grass, face down, with his hands beneath him. Again, the story doesn’t make sense. At least one eyewitness has come forward to state that they saw the altercation, and that he saw the two of them on the grass, not the concrete, and that the “larger man” – Zimmerman – was on top.

We also see that the clothes Zimmerman was wearing, including a jacket, came down over his waistband. So, for Martin to have seen the concealed weapon, the jacket would have to have gone up, the pants shifted down the shirt exposed the waistband, and the holster shifted into view. And somehow, Martin would have to have been able to draw the weapon from the holster. We talked about the timeline above. There’s just a whole lot that needs to have happened in a very short period of time for this story to hold true.

Zimmerman’s gun was confiscated and is locked up in an evidence locker at Sanford PD, but he has not had any action against his license to carry, meaning he can buy another gun or if has another in his possession legally, he may carry it without restriction. Given that he has not been charged, this is within the law.

UPDATE 4/6/12 5:56 PM:  On CBS’ This Morning program, one of Zimmerman’s lawyers introduced the idea that “Shaken Baby Syndrome” can kill an infant, and that a person can die from repeated blows to the skull. This line of defense is consistent with the description of the fight thus far, and is being used to explain why there was little visible evidence of his heat being beaten. But again, this shows how the story is changing to fit evidence as it comes out. The original story was that his head was beaten severely and that there was a significant gash. Video has been released that calls that story into question. Now, Zimmerman’s defense is using Shaken Baby Syndrome as a means of saying that the lack of visible injury doesn’t matter.

Of course, this doesn’t affect the true issue of this case. If Zimmerman approached Martin, and Martin felt threatened, there3 is no self-defense claim available.

The Audio Analysis

New analysis of the 911 tapes from Zimmerman and from others that captured someone screaming help have come under more scrutiny over the last few days. Zimmerman claims the screaming was him, calling for help. Others who heard the screaming have said the voice sounded more like the younger Martin. But the contradictions make deciphering this part of the story difficult.

In response, the Orlando Sentinel contacted two forensic experts who specialize in audio analysis. Both use significantly different techniques, one through personal observation of the characteristics of the recordings and the other through sophisticated software analysis. In both cases, the analysts agree on two things: First, that they cannot positively identify the screaming voice as that of Treyvon Martin. With no sample of his voice, they have no way to make a determination on that. But more importantly, both said that the voice was not that of George Zimmerman. The analysts both state that the recordings of the screams and of Zimmerman’s 911 call are of an excellent quality for analysis, and are both certain that Zimmerman is not the one calling for help.

So, What Really Happened?

That’s really the question we all want answered. So a caveat: The following theory is based on what is public evidence, as well as some inference from that evidence. However, based on what is publicly known, I believe it is an explanation that fits what we do know.

Zimmerman was parked on the north/south section of Twin Trees Rd., south of the crosswalk. He is far enough north to see Trayvon Martini leave the shelter of the clubhouse building and walk toward the corner. In his 911 call, Zimmerman says “These assholes. they always get away”. He says Martin walks “toward” him, looks at him, then walks away. He says Martin begins to run.

From Martin’s point of view, he’s walking home. It’s is raining so he walks along the front of the clubhouse to shelter himself. He’s talking to his girlfriend. From there, he walks toward the crosswalk to cross the street. He looks down the street and sees Zimmerman exiting his vehicle. Away from shelter he runs across the street and sees Zimmerman following him.

Zimmerman tells dispatchers he is following Martin. By the time he hangs up, he is near the crosswalk and continues to follow Martin, who tells his girlfriend he is being followed. Zimmerman is not going to let this one get away, and having temporarily lost him when Martin went down the walk, he picks up the pace to catch up to him.

Zimmerman has called the police, and wants to detain Martin until the police arrive. He tries to stop Martin. Martin, who has no idea why he is being followed, challenges Zimmerman. They fight. Zimmerman pulls his gun to end the fight, killing Martin.

Can this be proven? Not yet. But it fits the evidence so far more cleanly than Zimmerman’s contradiction-riddled story.

There is one more thing of note. I have not brought the issue of race into this, and the decision not to is deliberate. Race is only an issue in this matter after the determination that Zimmerman did not act in self-defense. Self-defense is the key to Zimmerman’s story. In looking at all the evidence thus far, there is very little to suggest that Zimmerman “broke off the pursuit” and far more to suggest that he got his man – and then devised a story to move the blame away from himself and onto the victim.

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Trayvon ‘Aggressive’? Zimmerman ‘Racist’? Neither One Matters

The drum beats from conservatives over the last few days have been to paint Trayvon Martin, the slain 17-year-old, as the “aggressor”. From phony Facebook pictures to digging up his suspension from school, there has been an all-out effort on the part of a number of conservatives to paint Trayvon as the one who was aggressive, and that Zimmerman was defending himself.

So what?

Zimmerman is most likely a racist, from his profiling of Trayvon to his “F-ing coons” muttering as he got out of his truck. He likely went after Trayvon with the intent to not let another “asshole get away” to paraphrase him.

Again – So what?

All of these are side issues and certainly point out flaws in the case. The Sanford PD botched this from the beginning, and have done a poor job of trying to cover their tracks. They didn’t collect evidence, they tried to get people to change their stories.

And yet again, I ask – So what?

It isn’t that I don’t care about Trayvon. Or racism. Or incompetent police work. It’s that this case comes down to one thing, and one thing only. Was it self-defense?

That’s Zimmerman’s claim. And it’s unsupportable. See, he thinks the Stand Your Ground law applies. And he’s dead wrong. The SYG law applies to protecting your property (why it’s also called the Castle Doctrine). Zimmerman was not on his property. The general law in FL says that to use deadly force, you must be in danger yourself. But Zimmerman wasn’t in danger, at least not until he put himself is a position to be in danger.

The SYG law, and the general rules of self-defense apply when you are defending. But that’s not what happened, by Zimmerman’s own admission, and by the evidence of the released 911 call. On that call, he describes Trayvon as approaching him, looking at him, walking away, then running away. There was no attack.

There’s a reason the 911 dispatcher told Zimmerman they didn’t need him to follow Trayvon. They are looking out for the safety of the individual calling. The moment Zimmerman chose to step out of his vehicle, he chose to put himself in harm’s way. What happens after that is irrelevant. He went looking for Trayvon. He wasn’t standing his ground, he was pursuing. And at that point, all bets are off.

Had he “stood his ground” and stayed in his truck, there would be no discussion. But Zimmerman chose to pursue. If you get yourself into trouble, if you choose to get in harm’s way, you lose the expectation of self-defense. That’s like the idiots who’ll circumvent all safety precautions and climb in with the lion at the zoo, then claim the zoo was negligent when they’re mauled. No, stupid, you jumped in with the lion. You  created the situation.

All these other points are certainly things that need to be addressed. We need to find a way to minimize racism in our society. We need to examine proper police procedure. We need to address whether the Stand Your Ground laws are too vague and confuse people into thinking they can pull a gun whenever they want. But none of these matter to the number one focal point of this case. Did George Zimmerman fire the gun in self-defense?

Not by Florida law.

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After All, It Was You And Me

I shouted out “Who killed the Kennedys” When after all, it was you and me

- Rolling Stones, “Sympathy For The Devil”

The news cycle for the last two weeks has been consumed by the Trayvon Martin case, understandably. And the issue is full of vitriol, concern, media hype and real questions. Sorting through it all is important. Let’s look at some of what we know, and what is still up in the air.

On February 26th, Trayvon Martin and his brother were watching the NBA All Star game with their dad at the dad’s girlfriend’s home in Sanford, FL. The younger boy wanted some candy, and Trayvon walked to the 7-Eleven, buying some Skittles and a can of iced tea. On his way back home, he was spotted by George Zimmerman. Zimmerman is a self-appointed captain of an unofficial neighborhood watch program. While there are more than 200,000 registered neighborhood watch programs, Zimmerman is not one of them. Nonetheless, he has taken to patrolling the neighborhood he lives in with his parents.

On 2/26, he saw Trayvon Martin walking through the tract, returning from the 7-Eleven. Zimmerman deemed him suspicious, and called 911. He describes Martin as suspicious because he was “walking around looking about”. He opined that Martin may have been on drugs. He adds that he has his hands “in his waistband”. This would would make sense if it was cold or raining out, and his hands were in the pockets of his hoodie.

First, Zimmerman says Martin was staring at him, and approaching him, then says “These assholes. They always get away”. From the 911 tapes, it sounds at this point as if Zimmerman exited his vehicle. He says that Martin is running away. Zimmerman mutters something that has alternately been transcripted to “fucking coons” or “fucking goons”.

Police ask Zimmerman if he is following Martin, and he indicates that he is. 911 operator tells Zimmerman that he doesn’t need to do that. The dispatcher lets Zimmerman know that they are on the way. Zimmerman, when asked where he lives in the complex, declines to give the information, and tells the dispatcher to have police call him when they are in the area. Moments after the 911 call, Martin is shot and killed.

Zimmerman’s account of what happened next is that he was returning to his vehicle and he was approached from behind by Martin. He states that he was looking at a street sign to determine where he was. He says that Martin asked him if there was a problem, and Zimmerman said no. According to Zimmerman, when he said “no”, Martin allegedly replied “you do now!” and punched him in the face. Zimmerman says he fell down, hit his head on the concrete, and that Martin jumped atop him. It was then that he pulled his gun from its holster, and fired into Martin’s chest at close range. All sounds plausible.

But then the reports of neighbors started coming in. Many reported hearing a young man’s voice crying for help, right up until the gunshot. Most have said they heard Martin. Some say it was Zimmerman. Of note, at least one witness who said she heard Martin states that she was “corrected” by police who said “You mean you heard Zimmerman”. Others say they saw Zimmerman on top of Martin, while yet others say the situation was reversed.

Adding to the confusion, one Zimmerman supporter says Martin was shot because he was giving inappropriate answers to Zimmerman’s questions. Also muddying things is the fact that the initial police report did not indicate Zimmerman had any injuries, but an amended report later did. And a larger issue comes with concern about the “Stand Your Ground” law in FL, which some have derisively called the “Shoot First” law, and is also referred to as the Castle Doctrine.

Let’s look at the events, some plausible explanations and where this could have been avoided. Zimmerman’s initial 911 call doesn’t give any specifics as to why he thought Martin was “suspicious”, just that he was walking and looking around. In fact, if Zimmerman was parked on the street where Martin was walking, especially if parked ahead of him, Martin’s walking past could easily have been interpreted as “walking towards me” and “looking at me”. Since there is no surveillance video that has come to light, we can’t know. But it is clear from Zimmerman’s 911 call that Martin did not actually approach the vehicle, and instead walked away. Zimmerman has a history of calling 911 for “suspicious” activity, including calling about a suspicious “7-9 year-old”. In every situation, the “suspicious” individuals were black. No whites, no hispanics.

From the 911 call, we hear clearly that Zimmerman says “These assholes. They always get away”. So, Zimmerman has put Martin into a “they” category, into some predefined group of individuals. Does he mean black? Does he mean kid with hoodie? This statement is followed shortly thereafter by the disputed “fucking coons” statement. One Zimmerman supporter says that he actually was saying  ”fucking goons” and referred to it as a term of endearment. Which of course, makes no sense in the context. A term of endearment for someone you’re following as suspicious?

Regardless of what was said, Zimmerman then chose to exit his vehicle and follow Martin. This is against neighborhood watch guidelines – as is carrying a weapon. In fact, Zimmerman is told by the 911 dispatcher that they don’t need him to do that. Zimmerman continues anyway.

This is the first real point where the shooting could have been avoided. Had Zimmerman not exited his vehicle, nothing happens. Martin gets home, and is watching the NBA game with his family.

Zimmerman states that Martin then began to run, and that he lost him. His further statement is that he stopped to look at a street sign to figure out where he was. This is an individual that had called 911 more than 40 times in a little more than a year, but doesn’t know what street he is on? This seems unlikely, at best. He then states that he was walking back to his car and was approached by Martin.

This is where the plausibility really starts to get iffy. The same kid that moments before was running away – per his 911 call – has now doubled back to challenge a man that outweighs him by 100 pounds? Wearing a gun in a holster on his hip? This really doesn’t pass the smell test. Defenders of Zimmerman point to his injuries – reported later – as evidence that he was in a scuffle, and use that to claim the Zimmerman was attacked. Again, doesn’t sound likely.

Here’s a more likely scenario: Zimmerman caught up with Martin, and tried to detain him (Remember – “These assholes. They always get away”). Reports vary as to what Zimmerman said, but there seems to be agreement that the two had some words between them. If you are a 17-year-old kid, and some guy off the street, no badge, no authority, tries to detain you, what would you do? In this scenario (and in my opinion a much more plausible one), Zimmerman is the aggressor. And in terms of the “self-defense” aspect, Martin is the one being “attacked”.

From this scenario, a scuffle is easily believable. And it is possible that at this point, Zimmerman does take a punch to the face, and falls backward. The kid, angry by this point, keeps fighting. But remember, it wasn’t a long scuffle. There is very little time, perhaps 90 seconds, between the end of Zimmerman’s 911 call and the calls from neighbors who heard cries for help.

In this scenario, it is possible it was Zimmerman crying out, and when he could, he unholstered his gun and fired into Trayvon Martin’s chest, killing him. But this would be far from self-defense. It would be like starting a bar fight, then claiming self-defense when you kill someone.

In my opinion, this is a far more plausible scenario than Zimmerman’s statement. And in this scenario, there were at least two distinct times when this could have been averted. Even if you take Zimmerman’s account as the truth, the fact that he followed Martin takes this out of the realm of self-defense. Zimmerman chose to put himself into a situation that could be considered dangerous, then used his gun to get out of it.

If you think that’s self-defense, let’s use another example. An abusive ex-husband is angry that his former wife has taken up with another man. He goes to the house, finding the other man there. He shoves the man, and the man hits back. The husband pulls a gun and kills him. By using the logic in Zimmerman’s claim, the ex-husband was simply defending himself.

Here’s the text of the relevant law in FL that is being used in Zimmerman’s defense:

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

So with this law, the defense would have to be that Zimmerman was attacked by Martin, and felt he was in danger of death of great bodily harm. Let’s remember that Martin was outweighed by Zimmerman by 100 pounds. His nickname was “Slim” because of how think he was. There were no other weapons found, nor threat of weapons reported. Even if Zimmerman’s testimony is accurate, and that he was somehow sucker punched by Martin, there is no evidence that he was in danger of death or great bodily harm. At worst, he was in a fistfight with a kid half his size. Which he ended with a gunshot.

That’s not just parsing words. The definition of self-defense in terms of this statute are laid out very clearly at the top of the statute:

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

By the definition in the statute, right at the top, Zimmerman has no claim of self-defense from this law. Martin did not unlawfully or forcibly enter any property or vehicle, nor had any unlawful and forcible act occur. The altercation occurred because of Zimmerman’s decision to follow Martin, regardless of the outcome. Martin had not committed any crime. Except, perhaps, of looking “suspicious”.

And that is where the real problem lies. That in this day and age, a kid wearing a hoodie, jeans, and sneakers is “suspicious”. This isn’t about why the trigger was pulled, or whether Zimmerman was justified. There is a much bigger issue here. Kids wear hoodies all the time. But an individual with, at best, a predetermined idea that black kids in his neighborhood were bad, decided that this 17-year-old boy was a threat. Enough to follow him despite being instrcuted not to, despite neighborhood watch guidelines against carrying a weapon. He decided Trayvon Martin was suspicious. And because of that, Trayvon Martin is dead.

So why did I start this post with a Rolling Stones quote? Because we all bear some responsibility in this. No, this isn’t “White people’s guilt” or any other pop psychology pablum. It’s real.

If you have ever sat and listened to someone tell a joke with racial undertones, or a flat out racist joke, and uncomfortably laughed just to be polite, you have been part of the problem. And yes, I have. I’m not racist. But this isn’t just about being a racist. This is about standing by while others perpetuate the racism. Most don’t intend it, but it’s there.

There’s a difference between cultural bias and racism. I have black friends who have described one attitude or another as  ”a black thing”. In general, they are referring to something that tends to be based in the cultural make-up of blacks, and that doesn’t relate to race. And then, there is racism.

It’s insidious. It creeps in. But in the last few years, it has moved into the mainstream again, not far from the attitudes in the 50′s and 60′s that kept minorities at the back of the bus, out of classrooms, and away from businesses. It’s couched in careful wording, but it’s there. When Rick Santorum says he doesn’t want to give blacks other people’s money, referring to welfare, he didn’t say minorities. He didn’t say all folks on welfare. He said “blacks”. That’s not just couching it in pretty wording, it’s blatantly racist. And yet, there was little furor over the statement. And the fact that he’s challenging for the GOP nomination is proof that this kind of speech isn’t just acceptable to many people, but welcomed.

And we let it go by.

There is just as much of a problem with race in this country as there ever has been. A friend commented to me this morning that the human race will never change, that we are not far different from the gorillas that beat up orangutans, that we cannot overcome our genetic predisposition to attack those that are different. I don’t agree.

When you see these young men, what do you see? ©2012 Leo Soderman, Creative Commons Non-Commercial

When you see these young men, what do you see? ©2012 Leo Soderman, Creative Commons Non-Commercial

We can change. First, by changing ourselves. When you see a trio of dark-skinned young men coming toward you, do you give them a wider berth? Do you look away so as not to meet their eyes?

Or do you smile and nod? Say hello.

Do you think a neighborhood is especially “bad” if it is predominantly black or hispanic?

If so, you are helping perpetuate the myth, the lie, the racism. You don’t intend to, but you are. Yes, many neighborhoods that have a predominantly minority population are trouble-ridden. But perhaps the problem isn’t the minority, but the standard of living. The lower wages, the fight to survive that attracts elements of society that will work to take advantage of the poverty and the desire to have a little more. Think there aren’t drug dealers in expensive neighborhoods? Of course there are. There’s just more money and more discretion as to how the deals are done. Think there isn’t prostitution in more affluent environs? Wrong again – ask John Edwards or David Vitter.

No, their situation isn’t about the color of their skin. But when you hear someone refer to a neighborhood as “pretty dark”, they’re usually not referring to a lack of street lights.

So when we allow that kind of speech, that kind of attitude, even by a nod of recognition, we continue the problem. Many have come to accept that it’s ok to be nervous around black kids wearing hoodies, that they must be trouble makers. And “suspicious”.

And that’s why Trayvon Martin is dead. After all, it was you and me.

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Allen West On A Roll – Who Will He Insult Next?

Florida Republican Representative Allen West has been on a tear lately, apparently trying to see how many people he can insult in the space of a week. For example:

I must confess, when I see anyone with an Obama 2012 bumper sticker, I recognize them as a threat to the gene pool.

“Threat to the gene pool”. So much for civility. Basically, if you follow West’s logic, anyone who voted for the President is a danger to the entire human race.

Then there’s the latest, from the Sun-Sentinel:

Immediately after West spoke Tuesday on the Republicans’ “Cut, Cap and Balance” budget plan, Wasserman Schultz had her turn at the mic. She expressed astonishment that the “gentleman from South Florida” – she didn’t mention his name – was supporting something that would hurt his constituents on Medicare. “Unbelievable for a member from South Florida.”

Within 25 minutes, he fired back in an e-mail calling Wasserman Schultz “the most vile, unprofessional and despicable” member of the House, labeled her a “coward,” told her to “shut the heck up,” and said she had “proven repeatedly that you are not a Lady.”

So, she points out that West will be voting against the interests of his constituents, and his response is name-calling and insults.

Shouldn’t be much of a surprise. This kind of rhetoric is part of the Tea Party influence. And Republicans in general aren’t speaking out because they fear the Tea Party vote. So, this type of behavior keeps popping up, and is de facto condoned by the lack of comment from Republicans.

I hope for the day when we can return to intelligent, reasoned discourse rather than the garbage being increasingly spewed. And that goes for all points on the political spectrum. But until we demand it from our politicians, that will remain only a hope.

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Technically, It’s Now Illegal To Have Sex In Florida

Last week,on a sister blog, we posted about legislation being passed in Florida for the purpose of outlawing sex with animals. It now appears that the wording of the legislation they passed may have just made it illegal to have sex at all, animal or not.

Here’s the wording:

An act relating to sexual activities involving animals; creating s. 828.126, F.S.; providing definitions; prohibiting knowing sexual conduct or sexual contact with an animal; prohibiting specified related activities; providing penalties; providing that the act does not apply to certain husbandry, conformation judging, and veterinary practices; providing an effective date.

The problem, as eloquently described by the folks at Southern Fried Science, is that humans are animals.

You are here.

Yup, us human beasties are right smack dab in the middle of the Animalia classification. So technically, no one on Florida can legally have sex.

Of course, Twitter has been all… well… a-Twitter about the development. Here’s my vote for the most pragmatic tweet:

At least he's being pragmatic...

Needless to say, this could be bad for Florida. Good thing it happened after Spring Break. And since the winter is mostly older folks escaping the snow, it may not have as big an impact.

This is what happens when you start horsing around with the law. People will follow like sheep, until someone screws the pooch and then everyone looks around for who they can make the goat. I don’t want to sound like a pig or come off catty, but this legislation is for the birds…

p.s. – It’s only a misdemeanor. Maybe they were just figuring out a way to write more tickets. They need the revenue.