Zimmerman Trial Facts (Page 6)

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MrFirebird
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Posted by natural25
Posted by MrFirebird
damn stray mouse! (accidentally hit the post message button)

The accident was a "broadside" type. The front bumper on the left frame rail of my pickup
hit his small Pontiac Fiero about where the rear door jamb is - that car is a rear engine type like a Porsche - and that is a SERIOUS hard point. The car had spun, my truck came to rest.
When I got out of my pick-up, I walked over and saw the look on this kid's face.
He suffered a nasty laceration on the left side of his head. it looked like his brain was
squeezed out but I think it was exposed bone.
Anyway, very nasty.

He was 17, had a restricted license, he wasn't wearing a seatbelt, no auto insurance, and how
he got into that mess was because he didn't wait until it was safe to pass.
He did what they hat they call a "California stop" or a "rolling stop" and a "jackrabbit start"
or "hard acceleration", "AND THERE I WAS!!!!" as the old saying goes ...........

Many kids that age, are wreckless. A lot of adrenaline, not a lot of hard discipline and respect.

I, being a retired Commercial Truck Driver (local, regional cross country) and a Grandfather...
cough... have around the block. Seen a lot, forgotten a lot.



Wow! Im sure you are happy that is all behind you now....
click to expand




well, yes. It wasn't a very pleasant experience. I already had little to no faith in the system and
worried about the jury for months leading up to the trial. The reason was NOT because I had done anything wrong as I was confident knowing the truth which I stood by, but because the jury might
side with the plaintiff on the grounds this kid was messed up pretty good. (Though he WAS messed up, we found out some years later by someone who knew him, that it turned out they had exaggerated the kid's injuries a bit more that he really suffered.) When I was served lawsuit papers for this auto accident,
I was just leaving town to get to LA for a run to New Jersey. I didn't get back until two weeks later.
I couldn't file a counter-suit. Why? Statute of limitation. - I didn't sue him because I thought he had already been through enough. What you get for being compassionate, I guess.
Hmmm that was 17 years ago. - time flies.

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MrFirebird
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"Zimmerman, a neighborhood watch volunteer who fatally shot Martin in February 2012, was acquitted by a jury late Saturday on state criminal charges. A federal civil rights investigation was previously opened in the case, and on Saturday a Justice Department spokesman told CNN the agency "continues to evaluate the evidence generated."

Yet in order for federal charges to be brought against Zimmerman, the Justice Department would need to establish that a hate crime was committed, a legal burden Holder has said in the past would be a challenge to meet.

"For a federal hate crime we have to prove the highest standard in the law," Holder said in April 2012. "Something that was reckless, that was negligent does not meet that standard. We have to show that there was specific intent to do the crime with requisite state of mind."

President Barack Obama, who spoke in personal terms about Trayvon Martin in the aftermath of the teenager's killing more than a year ago, did not publicly react to Saturday's verdict. A White House official referred to the Justice Department's statement when asked about the NAACP's calls for federal civil rights changes against Zimmerman.

On "State of the Union," Jealous argued those charges were a necessary step, given certain factors in the Zimmerman case.

"They will make a choice about whether or not they will pursue criminal civil rights charges. We are calling on them to do just that," he said. "When you look at (Zimmerman's) comments, when you look at his comments about young black men in that neighborhood, about how they felt specially targeted by him, there is reason to be concerned that race was a factor in why he targeted young Trayvon.""

source: http://politicalticker.blogs.cnn.com/2013/07/14/naacp-talking-to-justice-department-about-zimmerman-case/<BR>



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MrFirebird
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"George Zimmerman??s relevant past
When George Zimmerman followed Trayvon Martin the night of Feb. 26, 2012, he ignored an admonition not to do so from the police dispatcher. The request for his arrest, written by the lead detective, noted that Zimmerman??s killing of Trayvon could have been avoided if he??d remained in his vehicle or identified himself —as a concerned citizen.?? Just what in Zimmerman??s past might have led him to take these actions and kill an unarmed teenager with a gunshot to the chest is relevant in this case.

What is not relevant is Trayvon??s past. And Judge Debra Nelson made that clear today when she denied several motions by Zimmerman attorney Mark O??Mara to introduce the 17-year-old??s suspension from school, past marijuana use and his participation in fights. There's a possibility that such evidence could make it to trial, but by releasing all the information last week, O??Mara ensured that everyone, including potential jurors, knows what lurked in his client's victim??s past. But thanks to Florida??s incredible sunshine laws, we know a few relevant things about Zimmerman."

http://www.washingtonpost.com/blogs/post-partisan/wp/2013/05/28/george-zimmermans-relevant-past/
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MrFirebird
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"Zimmerman??s appalling and irrelevant alleged sexual assault
George Zimmerman??s attorney didn't want the damaging statement of —Witness 9?? released. With good reason. From when he was 8 years old until he was 18, the killer of Trayvon Martin allegedly molested a female relative two years younger than he. It's a gasp-worthy revelation in an ongoing story filled with them. But it's totally irrelevant to the second-degree murder charge Zimmerman faces."


Last week, I took umbrage with readers who insist on using Trayvon??s past to justify Zimmerman??s shooting him. Much of the information they rely on is false, especially the fake photos. Some of it is true, such as the suspensions from school and the pot use. And yet none of it was relevant as Zimmerman didn't know anything about Trayvon when he shot him on Feb. 26.

The same standard applies to molestation allegations against Zimmerman.

My heart goes out to —Witness 9.?? She suffered abuse that she says traumatized her, and she suffered in silence. It wasn't until 2005 that she said she told her sister. Zimmerman was later confronted at a pizzeria in Florida. He apologized and left. These allegations brand Zimmerman a predator and a creep. But they aren't relevant to Zimmerman??s current predicament.
source:
http://www.washingtonpost.com/blogs/post-partisan/post/zimmermans-appalling-and-irrelevant-sexual-assault/2012/07/17/gJQAceoGrW_blog.html<BR>
Comment: Notice the word "ALLEGED" and "ALLEGATIONS"?? That means what is being asserted has NOT been verified or proven to be TRUE but asserted as true without presenting FACTS to support what is being said.
In other words, this article, commenting in response to a certain group, apparently zealous Zimmerman supporters was basically one of those arguments wherein the concept of "He said/she said and neither side's argument proven".

Allegations are just that. Claims that have been asserted but not proven to be factual.



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MrFirebird
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^^^^ That post is strictly an observation of the editorial.
I'd need to examine it further to comment further. It's not that big a deal but it illustrates a point.
You cannot just go around making "allegations" to drum up or to pump up support for your cause.
You need facts. You need evidence and you need to scrutinize the facts and evidence to prove
the integrity of each component to support the allegation being made.
IF the allegations turn out to be false, only the blind will continue to follow your assertion, even
though you may have already accepted the truth. Just sayin'.

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MrFirebird
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^^^^ I should add, the same scrutiny should be applied any time it is necessary. Not just
when you read an editorial or hear someone on tv.


Allegation: Hey I smell smoke
Scrutinizing the allegation: sniff sniff

A lot of people have generated a lot of hate based on such "allegations" made toward Zimmerman.
For the editor to continue on saying "My heart goes out to —Witness 9.?? She suffered abuse that she says traumatized her, and she suffered in silence." when it is STILL an "ALLEGATION" is a trick out of the power of persuasion. IF you believe it, then.... you are blindly following and agreeing with an "allegation" which has yet to be proven.

As for the "incest" allegation, I can imagine how embarrassed and disappointed the family must be with the very idea to begin with and for it to be broadcasted because one of their own would reveal it at such a time when "it is irrelevant" to the case.

I cannot see how that is relevant to the case any more than I can see why Trayvon was riding a horse.


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MrFirebird
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Ok... How to keep your readers interested in your boring posts.
Insert a joke now and then, in a clean and civil manner


person one: Allegation: Hey I smell a fart!

Person two: I don't smell anything.
Person one: no over here!

To confirm, person two walks over to the location where the odor was observed.

Scrutinizing the allegation: sniff sniff

Person two: Ohhhh man, that's nasty!

And this is how primitive man began to find wisdom.
I say "began" because he had to sniff on many different occasions in order to
recognize the familiar odor. He has to sniff or he won't be able to identify.
Sometimes he knows already other times he does not. Sometimes he will laugh.
He does it to this day.
He is much wiser than he was the first time he sniffed.

Well, anyway, I forget where I was going with that.


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MrFirebird
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- With the concept of "allegations" in mind, and in the spirit of unbiased objectivity, which I am
continuing to do my best at, it occurs to me that it is necessary that we refer to the dictionary
at times when we read/hear words, or we need to clarify what is meant by what is said so that what
is said is clearly understood. This way, the "allegation" is NOT misheard nor confused.
This is basically dissecting the allegation. A thorough investigation. Why? because we want
to know the truth and not have to go down the wrong path to get that truth.

Once the allegation is clearly understood, we then can focus on investigating the evidence that
supports the allegation.

In the case of the death of Trayvon Martin, who was killed by George Zimmerman, we have
heard a barrage of allegations and we have seen and heard factual evidence and witness and expert
witness testimonies. However, we have NOT seen ALL the facts due to a variety of legal and allegedly,
illegal reasons. IF the Federal Government is going to bring Zimmerman to trial, they will have to
have facts that support the allegations which charge Zimmerman of Racial Profiling.
FACT: George Zimmerman killed Trayvon Martin
FACT: Zimmerman has been acquitted of 2nd Degree Murder and Manslaughter
FACT: Prosecutors sought to include charges of 3rd degree Murder based on "child abuse" against
Zimmerman. read / see clip on link below.

"Just when I thought this case couldn't get any more bizarre, the state is seeking third-degree murder based on child abuse?" West said

source http://www.cbsnews.com/8301-504083_162-57593306-504083/george-zimmerman-trial-jury-wont-weigh-lesser-offense-of-third-degree-felony-murder-judge-rules/<BR>

Question: Such was a moment when eyebrows should be raised.
To be charged like that at the last minute was below the belt -
It's very clear that specific action was rare decorum. That's desperation.

What's worse by introducing it, there is a segment in society who may not have otherwise been
interested in this case but due to their own experiences with the crime of "child abuse"

Remember the "allegation" of incest allegedly put forth by Zimmerman's cousin? Future witness,
hostile to Zimmerman for whatever reason other than "molestation", perhaps?
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MrFirebird
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Anyone will tell you that the Jury has to be impartial.
Zimmerman wouldn't take the stand - "Now We KNOW he's a liar!" - the public
IS the public being impartial—?

Let's recall LA Detective Mark Furman. He asserted his "5th amendment privileges"
FACT: you have a right NOT to incriminate yourself.

MR. UELMEN: Detective Fuhrman, did you plant or manufacture any evidence in this case?

DET. FUHRMAN: I assert my 5th amendment privilege.

The 5th Amendment is there to protect it's citizens from witnessing against themselves.
extract "nor shall be compelled in any criminal case to be a witness against himself"

Another peculiar hurdle DOJ may have, is a clause called the "Double Jeopardy" clause

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . . ."[1] The four essential protections included are prohibitions against, for the same offense:

retrial after an acquittal;
retrial after a conviction;
retrial after certain mistrials; and
multiple punishment

"Once acquitted, a defendant may not be retried for the same offense: "A verdict of acquittal, although not followed by any judgment, is a bar to a subsequent prosecution for the same offense.""
http://en.wikipedia.org/wiki/Double_Jeopardy_Clause<BR>
I don't know for sure, but it's "possible" that the DOJ cannot charge Zimmerman at all due to being
found "NOT GUILTY" due to the double jeopardy clause

see part 2

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MrFirebird
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Part 2
I am beginning to think the DOJ cannot do darn thing to Zimmerman because Zimmerman cannot be retried.
It sounds to me IF you bring up charges of Civil Rights violations, you have to do it, in the context... with a crime. That is, you can't just pull a detail out something "just because" you believe this or that.
That act is a violation of Zimmerman's Civil Rights which he affords.

This is why I keep asking WHEN did Zimmerman commit an act of Racial Profiling?

IF the NAACP is pointing to the call Zimmerman made, need I remind the United States that it
was the Sanford Police Dept. who asked the question "OK, and this guy is he white, black, or Hispanic?"
Zimmerman was simply answering the Dispatcher's question.


Dispatcher: Sanford Police Department. ...
Zimmerman: Hey we've had some break-ins in my neighborhood, and there's a real suspicious guy, uh, [near] Retreat View Circle, um, the best address I can give you is 111 Retreat View Circle. This guy looks like he's up to no good, or he's on drugs or something. It's raining and he's just walking around, looking about.
Dispatcher: OK, and this guy is he white, black, or Hispanic?
Zimmerman: He looks black.

Also note how he describes the person, then in question: "there a real suspicious guy"

"guy"—

umm.... "guy" is not a description that refers to any one race. "guy" is a universal description
used to casually make the distinction that the person in question is NOT a female.
We hear a woman enamored with some "guy" and just won't stop talking about him.
I can look up "guy" on dxp and find a bunch of entries.
I politely ask again: Where and how does Zimmerman violate Trayvon's Civil Rights?

see part 3

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P-Angel
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Posted by MrFirebird

President Barack Obama, who spoke in personal terms about Trayvon Martin in the aftermath of the teenager's killing more than a year ago, did not publicly react to Saturday's verdict. A White House official referred to the Justice Department's statement when asked about the NAACP's calls for federal civil rights changes against Zimmerman.

On "State of the Union," Jealous argued those charges were a necessary step, given certain factors in the Zimmerman case.

"They will make a choice about whether or not they will pursue criminal civil rights charges. We are calling on them to do just that," he said. "When you look at (Zimmerman's) comments, when you look at his comments about young black men in that neighborhood, about how they felt specially targeted by him, there is reason to be concerned that race was a factor in why he targeted young Trayvon."






That last sentence was absurd, considering Zimmerman didn't know the race of the person until after he began watching him, believing him to be acting suspicious.

There's no grounds to pursue ... this has nothing to do with race
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MrFirebird
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part 3
Remember, it was dark when this happened, witnesses weren't exactly sure what they were seeing at first.
There had been burglaries. Could this be another burglery in progress?? Perhaps someone is being murdered this time?? At that time, nobody knew what exactly was going on. -

That's why a chronology or timeline of events and where everyone was/is always critical to know.
It's the timekeeper of the dominoes of each detail in any situation that evolves into a crime.

Zimmerman did NOT call when Travon Martin was out on the main drag walking home. - it was inside a gated community which purpose is to keep criminals out.- imagine being a "prisoner in your own home"
you know... those bars on the windows, steel screen security doors, deadbolts. etc.
Gated community is basically has a gate and side door with lock, at the entrance.
that's why these residents chose to live there - because they wanted to feel safe in their own homes.
When fight began through time the shot rang out - nobody wanted to go outside. Why? because they were afraid. Did anyone come out to try to break it up?? were they already aware of someone who was a neighborhood watch captain in their community assuring them that somebody would watch and call—
We have to dig DEEP into a lot of peripheral evidence that surrounds the direct evidence to get the big picture.


Zimmerman: Yeah, now he's coming towards me.
Dispatcher: OK.
Zimmerman: He's got his hand in his waistband. And he's a black male.
Dispatcher: How old would you say he looks?
Zimmerman: He's got button on his shirt, late teens.
Dispatcher: Late teens ok.

(there's more to the call transcript)

IF the dispatcher thought Zimmerman had violated Martin's Civil Rights, he would NOT have
continued asking more questions - When Zimmerman says "And he's a black male", that is NOT
an assumption - that's stating a simple fact which in hindsight, turned out to be true.

Again, I am NOT seeing a violation of George Zimmerman violating Trayvon Martin's Civil Rights, yet.
That's why I have been asking over and over, in this thread.

See part 4

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LetltB
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Posted by MrFirebird
LIB,
I've been trying to get the answer as to what the specific Civil Rights violation Zimmerman had committed. - On page 1 I posted a video that has the call audio. On page 2 there is the transcript for
that call. I am having trouble with seeing what rights were violated in that call.



Hi FB...not Civil Rights...Civil suit ie "Wrongful Death"

"For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O. J. Simpson murder case). Wrongful death is also the only recourse available in the United States when a company, not an individual, causes the death of a person;[3]."

Each state's tort is different...don't know what Florida's is.

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MrFirebird
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Comments: 13 · Posts: 10188 · Topics: 699
Posted by LetltB
Posted by MrFirebird
LIB,
I've been trying to get the answer as to what the specific Civil Rights violation Zimmerman had committed. - On page 1 I posted a video that has the call audio. On page 2 there is the transcript for
that call. I am having trouble with seeing what rights were violated in that call.



Hi FB...not Civil Rights...Civil suit ie "Wrongful Death"

"For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O. J. Simpson murder case). Wrongful death is also the only recourse available in the United States when a company, not an individual, causes the death of a person;[3]."

Each state's tort is different...don't know what Florida's is.

click to expand




Ok, thank you LIB.

I had no doubt if Zimmerman was acquitted that he could be sued by the family for Wrongful Death
in a Civil Suit. - that's a whole different ballgame than Criminal Court.

no doubt you are also aware of the NAACP's pushing the DOJ to nab Zimmerman for violating Martin's Civil Rights.

Where I am having trouble is just exactly what did Zimmerman do to violate Martin's rights.
I've been asking for the specific law the NAACP alleges had violated.









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LetltB
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George Zimmerman was arrested after he allegedly pointed a shotgun at his girlfriend, the Seminole County Sheriff's Office said.

Zimmerman was acquitted earlier this year in the shooting death of teenager Trayvon Martin.

Zimmerman was charged Monday with aggravated assault, battery -- domestic violence, and criminal mischief, after an incident at his girlfriend's home, said Dennis Lemma, chief deputy with the sheriff's office.

Read the story here. Follow breaking news on CNN.com, CNN TV and CNN Mobile.