“Questioning The Struggle”: Of The Two, One Will Never Take Another Breath And The Other May Never Take The Stand
One of the most riveting moments in the George Zimmerman trial this week was the playing of a police tape that showed Zimmerman re-enacting what he said happened the night he fatally shot Trayvon Martin.
To say that there are inconsistencies between that re-enactment and Zimmerman’s verbal and written testimony elsewhere is to be charitable.
For instance, in an interview Zimmerman gave to the police the night of the shooting, he says of Martin: “I was walking back through to where my car was, and he jumped out from the bushes.”
However, in the video re-enactment, which took place a day after the murder, it’s clear not only that there are no bushes near the sidewalk but also that Zimmerman never mentions Martin’s jumping out from anywhere.
But what I find most interesting is the moment in Zimmerman’s police interview that night in which Zimmerman claims that after Martin asked if he had a problem, “I got my cellphone out to call 911 this time.”
Pay attention to that statement about his cellphone, because it’ll be important to my line of questioning.
Aside from all the other inconsistencies in Zimmerman’s accounts of the scuffle, the basic physics of the fight as he describes it are hard to make jibe.
In the re-enactment, Zimmerman says that after a verbal encounter, “I went to go grab my cellphone,” Martin punched him in the face, Zimmerman stumbled or was pushed to the ground by Martin, and Martin got on top of him. Zimmerman then says that he started screaming for help and tried to sit up, and that Martin then grabbed his head and slapped it on the cement. “He just kept slamming it and slamming it,” Zimmerman said.
It is interesting here, in the video, to watch Zimmerman’s hands. He demonstrates the slamming twice and both times he does so with clenched hands, as if Martin was holding something on the sides of his head — like his ears. But, as has been mentioned in the trial, there was none of Zimmerman’s blood or DNA under Martin’s fingernails and there were no injuries documented on or near Zimmerman’s ears. How could this be?
And if Martin “grabbed” Zimmerman’s head some other way, what way was that? His hair was buzzed short and it was raining that night, so presumably his head was wet. When Zimmerman was asked in a follow-up interview how Martin grabbed his head, he said he did not recall.
Furthermore, Dr. Valerie Rao, a medical examiner who reviewed Zimmerman’s injuries, testified Tuesday that the injuries on the back of Zimmerman’s head were consistent with just one strike against a concrete surface, not multiple ones. Rao went on to call Zimmerman’s injuries “insignificant” and “not life threatening,” and said, “If you look at the injuries, they are so minor they are not consistent with grave force.” She continued, “If somebody’s head is banged with grave force I would expect a lot of injuries. I don’t see that.”
If you believe Rao, the struggle simply couldn’t have happened as Zimmerman described it.
In the re-enactment, Zimmerman says that he tried to squirm his head off the concrete, and then he says:
“That’s when my jacket moved up, and I had my firearm on my right side hip. And, he saw it, I feel like he saw it, he looked at it.”
Zimmerman says it is at that point that Martin told him that he was going to die that night. Then Zimmerman says:
“He reached for it, but he reached, like I felt his arm going down to my side and I grab it, and I just grabbed my firearm, and I shot him. One time.”
This fight scene leaves me particularly incredulous, partly because of what Zimmerman is saying, partly because of the forensics and testimony and partly because of what Zimmerman demonstrates in the video — the idea that Martin, while straddling Zimmerman, would be able to see a gun that was presumably behind him, and the idea that Zimmerman would feel Martin’s hand snake across his body, pinch that hand underneath his arm and then reach for and retrieve the gun himself.
If Zimmerman’s hand was free enough for such a maneuver, were his hands not also free enough to try to push Martin off, or force Martin to release his head and not bang it against the concrete, or to hit Martin back (which he never says he does during the entire encounter)? Did Zimmerman’s mixed martial arts training provide him no defensive options whatsoever?
Something about this just doesn’t sound right. And, by the way, how was Zimmerman able to get around Martin’s leg, retrieve the gun and aim it at Martin’s chest so easily?
This is what happens when you try to make the fight fit Zimmerman’s telling. Things don’t make sense.
But what if we back up to the cellphone moment, before any physical encounter occurred, when Zimmerman and Martin had their first verbal exchange. What if we dispense with Zimmerman’s version, revisit the order of things and ask a different set of questions?
In the video Zimmerman looks to his right front pocket when he says he’s looking for the phone. That’s the same area as the gun, which he says he has on his right hip.
Is it possible that Zimmerman didn’t go for his phone but for his gun? And even if he doesn’t retrieve it, is it possible that he exposed it? (In the video, Zimmerman demonstrates that he can expose the weapon without even using his hands to lift his jacket.)
Is it possible that Martin first saw the gun when they were standing and talking? Is it possible that the physical struggle was about the presence of a weapon: between a man trying to retrieve it and an unarmed teenager who had seen it? In that scenario, is it possible that Martin could be on top of Zimmerman and still yelling for help? Is it possible that Zimmerman wasn’t using his hands to fend off Martin because he was using them to go for, control, or aim a weapon?
And, what happened to the “cellphone” Zimmerman said he got out just before a prolonged struggle? He makes no mention of putting it away. His key and flashlights were photographed in the grass, as was Martin’s cellphone. They didn’t hold on to those things. What about Zimmerman’s phone? Where was it when the police arrived?
(By the way, the night of the shooting Zimmerman says he got the cellphone out. The next day, during the re-enactment he changes that part of his story, saying: “I went to go get my cellphone, but my, I left it in a different pocket. I looked down at my pant pocket, and he said ‘you got a problem now,’ and then he was here, and he punched me in the face.”)
These are interesting questions to ponder, the answers to which might make what followed make more sense. But of the two people able to answer those questions, one will never take another breath and the other may never take the stand.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, July 3, 2013
“The Zimmerman Trial”: We Will Never Hear Trayvon Martin’s Side Of The Story
This first week of testimony in the George Zimmerman trial has proved to be nothing short of fascinating.
On one level, the case is simple: if Zimmerman had not pursued — some say stalked — Trayvon Martin that dark, rainy night, Martin would still be alive.
That’s the logical argument. The legal one is more complex. The case, it seems to me, spins on some crucial questions, some of which we may never completely know the answers to.
What was it about Martin in particular that Zimmerman found “suspicious” in the first place? So far, there has been no testimony that Martin was doing anything other than walking slowly and talking on a phone to a girl, as teenage boys are wont to do. Did Zimmerman consider every person walking thusly in the neighborhood to be suspicious? If not, what made Martin different? Was some sort of bias at play, whether an explicit one or an implicit one?
Why did Zimmerman leave his car, armed with his gun, and follow Martin? When the dispatcher realized that Zimmerman was in pursuit and told him, “We don’t need you to do that,” did Zimmerman stop?
Did Martin know that he was being followed, as his friend Rachel Jeantel testified, and did he feel threatened by the stranger following him?
In fact, the threat levels are a larger, more complex issue altogether. Who felt threatened, the teenager with the candy and the soda or the man pursuing him with a gun and a live round in the chamber? The answer on the surface would seem obvious, but it’s possible that both felt some level of threat. It’s also possible that threat responses washed back and forth between them like water in a tub, neither of them knowing about the other what we know now — that Zimmerman was armed and Martin was not.
If Martin was running away, as Zimmerman has said and Jeantel has testified, did he at some point stop fleeing, turn and approach Zimmerman?
There has been testimony establishing that there was some sort of verbal interaction between Zimmerman and Martin before a physical one. Who struck the first blow and why? If Martin struck the first blow, as the defense contends, could that be considered an act of self-defense?
Regardless of who struck the first blow, some testimony suggests that Martin was getting the best of Zimmerman. In that scenario, could the right to self-defense switch personage? Florida law seems to suggest it can. The law states that the use of force is not justified when a person “initially provokes the use of force against himself or herself, unless such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant.”
Even assuming that Martin was winning a physical fight with Zimmerman, did Zimmerman “reasonably” believe that he was in “imminent danger of death or great bodily harm”? Zimmerman was injured, but how do you evaluate the degree of those injuries? Independent assessments may or may not deem Zimmerman’s injuries severe, but did Zimmerman, in the middle of the fight, believe them to be? Had Zimmerman “exhausted every reasonable means to escape”?
Who was yelling for help? Keep in mind that it is possible to be both winning a fight and simultaneously yelling for help.
During opening arguments, John Guy, a prosecutor, stated that investigators found none of Zimmerman’s blood on Martin’s hands or on the cuffs of his sweatshirt. How will the defense explain that?
The bar may be high for the prosecution, but the logic is basic: there has been no suggestion or testimony that Trayvon Martin was doing anything wrong the night that George Zimmerman caught sight of him and grew wary of him, pursued him and came into contact with him.
Zimmerman set that night’s events in motion and rendered them still with the ring of a gunshot. Now, as Zimmerman sits in a Florida courtroom, Martin sleeps in a Florida grave. We will never hear Martin’s side of the story, about the level of his fear or the feel of the bullet ripping through his body.
Morally, Zimmerman is by no means without guilt. Legally, it remains to be seen whether he will be found guilty of second-degree murder.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, June 28, 2013
“Making Us Less Safe”: Stand Your Ground Laws A Shaky Basis For Justice
The Trayvon Martin murder case will boil down to one claim known by mothers everywhere.
“He started it!”
Every parent with more than one child has heard that cry. When their little one points his or her finger accusingly at a sibling, claiming to have been provoked into the tussle or name-calling, a wise parent responds with, “Well, why did you react?”
George Zimmerman will be asked if he instigated the altercation that led to him shooting to death the unarmed Trayvon, for which Zimmerman now faces the charge of second-degree murder.
The basis of Zimmerman’s defense is that, fearing for his life, he believed he was justified to shoot and kill.
The jury, being chosen now, will decide.
Zimmerman waived his right for a hearing to exculpate himself under Florida’s Stand Your Ground law, although his lawyer has suggested that he may attempt to invoke the law if he is found guilty in his impending trial.
These laws need to be better understood for their implications for a civil society. Since Florida became the first state to pass the so-called Stand Your Ground law in 2005, about 30 other states have followed suit with some form of these laws.
Most states have the Castle Doctrine, which allows people to use deadly force, without the expectation to retreat, when threatened in their own home.
What the Stand Your Ground laws do is broaden the right to kill without retreating, even when it is possible, to other places, such as a workplace or a car.
Prior to the spread of these new laws, people were expected to back down, to retreat, if possible. Shoot First, Stand Your Ground, Make My Day laws can make it legal to refuse to walk away.
More research is needed into the effects of these laws. However, the evidence available now should trouble anyone who thinks laws should make society safer, rather than promoting violence.
One point is made repeatedly by David Hemenway, director of the Harvard Injury Control Research Center: “Firearms are used far more often to frighten and intimidate than they are used in self-defense.”
People are confused about what constitutes self-defense. What many people term self-defense is really just the last act in an argument gone out of control, a situation that escalates until one or both parties reach for a gun.
In one study, verbatim accounts of people who claimed self-defense were sent to criminal court judges for review. The majority of time, the judges felt the shootings, as described by the shooter, were not legal uses of self defense. Most often, the cases were simply arguments that ended violently when one person used a gun. Many were avoidable.
The Harvard Center has ripped apart other studies that overestimate the number of instances in which people have justifiably used a gun in self-defense. Given a chance to paint themselves a victim/hero, shooters often do, no matter what the facts of their cases were. So when researches try to estimate what proportion of shootings are cases of self-defense, it’s problematic to say the least to base their figures on the shooters’ self-reported motives.
Hemenway has also noted that in interviews, about half of convicted felons who used a gun in their crimes claim they did so in self-defense.
Many of these instances probably aren’t all that different from the type of the knuckleheaded justifications for murder that we regularly hear on the evening news: the endless stories of one teenager claiming someone “disrespected” them with a sneer, an ugly comment. So they just had to shoot the person dead.
People readily recognize the ludicrous nature of the claim that violence was necessary, that someone “had it coming to them.” Yet Stand Your Ground laws by definition turn this lack of self-control and inability to manage disagreement into a legal right to use lethal force. It’s sanctioned murder.
Depending on how one of these laws is crafted, it can even take away the ability of police to file charges, and prosecutors can face higher burdens of proof.
The question that needs to be answered is if the proliferation of Stand Your Ground laws are influencing public behavior to the point of making us less safe.
If he were alive to answer, it would be good to get Trayvon Martin’s opinion.
By: Mary Sanchez, The National Memo, June 17, 2013
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