The fatal shooting of Trayvon Martin by George Zimmerman took place on the night of February 26, 2012, in Sanford, Florida, United States. Martin was a 17-year-old African American high school student. George Zimmerman, a 28-year-old mixed-race Hispanic, was the neighborhood watch coordinator for the gated community where Martin was temporarily staying and where the shooting took place. Following an earlier call from Zimmerman, police arrived within two minutes of a gunshot during a scuffle. Zimmerman was taken into custody, treated for head injuries, then questioned for five hours, but eventually released under the supposition the shooting was in self-defense. However, six weeks later, amidst what some have described as a "media circus" atmosphere involving misleading accusations of racism, Zimmerman was charged with murder by a new prosecutor.
Zimmerman's trial began on June 10, 2013, in Sanford. On July 13, 2013, he was found not guilty of second-degree murder and of manslaughter charges.
Trayvon Benjamin Martin (February 5, 1995 – February 26, 2012) was the son of Sybrina Fulton and Tracy Martin, who were divorced in 1999. He was a junior at Dr. Michael M. Krop High School and lived with his mother and older brother in Miami Gardens, Florida. Trayvon's English teacher, Michelle Kypriss described him as an A and B student who majored in cheerfulness.
On the day Martin was fatally shot, he and his father were visiting his father's fiancée and her son at her townhome in The Retreat at Twin Lakes in Sanford, a multi-ethnic gated community, where the shooting occurred. Martin had visited his father's fiancée at Twin Lakes several times.
Martin had been suspended from school at the time of his death, his third disciplinary suspension of the year. One suspension was for tardiness and truancy. Another suspension in October 2011 was for graffiti, when Martin was observed by a security camera in a restricted area of the school marking up a door with "W.T.F." When he was later searched by a Miami-Dade School Police Department officer, looking for the graffiti marker, the officer found several pieces of women's jewelry in his backpack, which Martin said a friend had given to him. A screwdriver was also found, which was described by the school police investigator as a burglary tool. The jewelry was impounded and given to the police, but no evidence ever surfaced to indicate that the jewelry was stolen. Martin's third suspension involved a marijuana pipe and an empty bag containing marijuana residue. Martin was not charged with any crime related to these incidents and did not have a juvenile record. Judge Nelson ruled that the defense may have access to Martin's records, including the details of these suspensions, as well as access to Martin's social media sites, but ruled they will not be admissible as evidence during the trial unless they can be shown to be relevant.
Martin family attorney Benjamin Crump said the parents had never heard about the bag of jewelry and that it was completely irrelevant to what happened on February 26. Martin's parents and their attorneys also said the defense's request for school records and social media was a "fishing expedition" aimed at attacking their son and an attempt to assassinate his character.
George Zimmerman
George Michael Zimmerman was born on October 5, 1983, in Manassas, Virginia, and is the son of Gladys (née Mesa) Zimmerman, who was born in Peru, and Robert Zimmerman, Sr., a retired Virginia magistrate. He was raised as a Catholic, in a family that his father has described as "multiracial;" his father is a white American of German descent and his mother is Peruvian with some black ancestry through herAfro-Peruvian maternal grandfather. Zimmerman's voter registration record lists him as Hispanic and a registered Democrat.
Zimmerman's height is reportedly 5′7″ (1.70 m); and his weight is recorded as being 185 lb (84 kg) on his Seminole County Sheriff's Office Inmate Booking Information dated April 11, 2012, the date of his arrest. Zimmerman's height is shown as 5′8″ (1.73 m); and his weight at 200 lb (91 kg)on the Sanford Police Department Offense Report for February 26, 2012, the night of the shooting.In 2009, Zimmerman had moved with his wife to The Retreat at Twin Lakes in Sanford, Florida, a multi-ethnic gated community, where the shooting occurred. At the time of the shooting, he was employed as an insurance underwriter and was in his final semester at Seminole State College for an associate degree in Criminal Justice. In one of his interviews with police he stated his goal was to become a judge. A former professor of Zimmerman’s who gave Zimmerman an “A” in criminal litigation and said Zimmerman was “one of the better students in the class” testified in his trial that his 2010 course addressed criminal law and procedure, as well as self-defense.
In 2005, at the age of 21, Zimmerman was charged with assaulting a police officer and resisting arrest, after shoving an officer while a friend of Zimmerman's was being questioned about underage drinking. The charges were reduced, then dropped when Zimmerman entered a pre-trial diversion program. Also in 2005, Zimmerman's ex-fiancée filed a restraining order against him, alleging domestic violence. Zimmerman requested a reciprocal restraining order. Both orders were granted. The incidents were raised by prosecutors at Zimmerman's initial bond hearing. The judge described the incidents as "run of the mill" and "somewhat mild" and rejected the prosecution's claim that the incidents demonstrated that Zimmerman was violent or a threat to the community.
Sanford Police Department
Bill Lee had been chief of the Sanford Police Department for ten months when the shooting occurred. Prior to Lee becoming chief, the department had been accused of protecting relatives of police officers involved in violent incidents with blacks, and the Martin case increased distrust between the police and Sanford's black community.
On March 22, Chief Lee temporarily stepped down from his position because of public criticism over his handling of the Trayvon Martin shooting.In April, the Sanford City Commission refused to accept Lee's resignation and stated that "Lee's spotless record showed there needed to be further review to determine if he failed in his duties." Lee was fired on June 20, 2012 by Sanford City Manager Norton Bonaparte. Lee responded by saying "I continue to stand by the work performed by the Sanford Police Department in this tragic shooting, which has been plagued by misrepresentations and false statements for interests other than justice."
On June 26, 2012, the lead investigator of the case, Christopher Serino, was transferred out of the Sanford Police Department's investigative unit and reassigned to the patrol division at his own request. Serino said he felt pressured by several of his fellow police officers to press charges on Zimmerman when he believed there was not enough evidence to do so, and that one of the officers pressuring him was friends with Martin's father.
In September 2012, Orlando TV station WFTV released a memo from the interim police chief Richard Myers blaming the police department spokesman, Sgt. David Morgenstern, for mishandling the Travyon Martin case and removed him from his spokesperson position.
Martin family attorneys
Benjamin Crump, the lawyer representing the interests of the Martin family, operates a law firm in Tallahassee, Florida, with his partner Daryl Parks. The firm has eight lawyers who focus onwrongful death, malpractice, personal injury and civil rights. In 2006, Crump sued to have the video released in the case of Martin Anderson, a teenager who died at a boot camp run by theBay County, Florida, Sheriff's Office. The Martin family is also represented by Natalie Jackson, an Orlando civil rights attorney.
Background of the shooting
The Retreat at Twin Lakes is a 260-unit gated townhome community in Sanford, Florida. The population in the development at the time of the shooting, was about 49% non-Hispanic white, 23% Hispanic (of any race), 20% black, and 5% Asian, according to Census figures. Both George Zimmerman and Tracy Martin's fiancées were renting homes in the development when the shooting occurred. At the time of the shooting, Martin had been staying with his father's fiancee at The Retreat,
From January 1, 2011 through February 26, 2012, police were called to The Retreat at Twin Lakes 402 times. During the 18 months preceding the February 26 shooting, Zimmerman called the non-emergency police line seven times. On five of those calls, Zimmerman reported suspicious looking men in the area, but never offered the men's race without first being asked by the dispatcher. Crimes committed at The Retreat in the year prior to Martin's death included eight burglaries, nine thefts, and one shooting. Twin Lakes residents said there were dozens of reports of attempted break-ins, which had created an atmosphere of fear in their neighborhood.
In September 2011, the Twin Lakes residents held an organizational meeting to create a neighborhood watch program. Zimmerman was selected by neighbors as the program's coordinator, according to Wendy Dorival, Neighborhood Watch organizer for the Sanford Police Department.
Three weeks prior to the shooting, on February 2, 2012, Zimmerman called police to report a young man peering into the windows of an empty Twin Lakes home. Zimmerman was told a police car was on the way and he waited for their arrival. By the time police arrived, the suspect had fled. On February 6, workers witnessed two young black men lingering in the yard of a Twin Lakes resident around the same time her home was burgled. A new laptop and some gold jewelry were stolen. The next day police discovered the stolen laptop in the backpack of a young black man, which led to his arrest. Zimmerman identified this young man as the same person he had spotted peering into windows on February 2.
Zimmerman had been licensed to carry a firearm since November 2009. In response to Zimmerman's multiple reports regarding a loose pit bull in the Twin Lakes neighborhood, a Seminole County Animal Services officer advised Zimmerman to "get a gun", according to a friend, rather than rely on pepper spray to fend off the pit bull, which on one occasion had cornered his wife.Although neighborhood watch volunteers are not encouraged to carry weapons, Sanford Police Chief Bill Lee acknowledged that Zimmerman had a legal right to carry his firearm on the night of the shooting.
Shooting and investigation
On the evening of February 26, 2012, Zimmerman observed Martin as he returned to the Twin Lakes housing community after having walked to a nearby convenience store. At the time, Zimmerman was driving through the neighborhood on a personal errand,
At approximately 7:09 PM, Zimmerman called the Sanford police non-emergency number to report what he considered a suspicious person in the Twin Lakes community.Zimmerman stated, "We've had some break-ins in my neighborhood, and there's a real suspicious guy." He described an unknown male "just walking around looking about" in the rain and said, "This guy looks like he is up to no good or he is on drugs or something." Zimmerman reported that the person had his hand in his waistband and was walking around looking at homes. On the recording, Zimmerman is heard saying, "these assholes, they always get away."
About two minutes into the call, Zimmerman said, "he's running." The dispatcher asked, "He's running? Which way is he running?" The sound of a car door chime is heard, indicating Zimmerman opened his car door. Zimmerman followed Martin, eventually losing sight of him. The dispatcher asked Zimmerman if he was following him. When Zimmerman answered, "yeah," the dispatcher said, "We don't need you to do that." Zimmerman responded, "Okay." Zimmerman asked that police call him upon their arrival so he could provide his location. Zimmerman ended the call at 7:15 p.m,
After Zimmerman ended his call with police, a violent encounter took place between Martin and Zimmerman, which ended when Zimmerman fatally shot Martin 70 yards (64 m) from the rear door of the townhouse where Martin was staying.
Sanford Police investigation
Police officer Timothy Smith arrived at the scene at approximately 7:17 PM. He reported finding Zimmerman standing near Martin, who was lying face down in the grass and unresponsive.At that time, Zimmerman stated to Smith that he had shot Martin and was still armed. Smith handcuffed Zimmerman and removed his weapon from him. Smith observed that Zimmerman's back was wet and covered with grass and he was bleeding from the nose and the back of his head.
Ricardo Ayala, the second officer to arrive that night, noticed Officer Smith had Zimmerman in custody, then observed Martin lying face down in the grass and attempted to get a response from him. At this time, Sgt. Anthony Raimondo arrived and together with Ayala began CPR. Paramedics from Sanford Fire and Rescue arrived and continued CPR, finally declaring Martin dead at 7:30 PM.
Other officers who had arrived by this time secured the area and made contact with neighbors in the area and obtained statements from witnesses at the scene. The officers, who believed Zimmerman proceeded solely on foot before the attack, did not seize Zimmerman's vehicle until after his wife had moved it.Zimmerman was treated and released by paramedics while still at the scene of the incident. After placing Zimmerman in his police vehicle, Officer Smith heard Zimmerman say, "I was yelling for someone to help me, but no one would help me."Zimmerman was then transported to the Sanford Police Department where he was questioned by investigators for approximately five hours. The police determined that Zimmerman yelled for help at least 14 times in a 38 second span. The question of who was calling for help has been disputed since then by others and remains inconclusive.
Martin's body was taken to the morgue, where he was tagged as a John Doe as he was not carrying any identification. Martin's father, Tracy Martin, called to file a Missing Persons report early on February 27 and police officers arrived at his fiancée's condo with photographs of his dead son about 9:20 am.
Zimmerman was handcuffed at the scene of the shooting and taken to the Sanford police station for questioning, arriving there at 7:52 p.m. according to a police video. His gun, a black Kel-Tec PF-9 9mm semi-automatic pistol, taken from him by Officer Smith at the scene, was placed into evidence.
Zimmerman was interviewed by Investigator D. Singleton and by Detective Chris Serino on the night of the shooting. He also underwent voice stress analysis, a type of lie detector test, on the night of the shooting. Crime Scene Tech D. Smith photographed his injuries and hands and collected gun shot residue. Zimmerman's clothes were taken as evidence after his wife arrived with a change of clothes. The day after the shooting, Zimmerman performed a videotaped reenactment of the incident for police.
Zimmerman was not given a drug or alcohol test. Peter Bella, a retired Chicago Police forensic investigator, told The Washington Times, "Except for DUIs, police cannot test suspects for drugs or alcohol, unless the accused demands or consents to it, or they get a warrant". The police did not suspect that Zimmerman was under the influence of drugs or alcohol, and he was never asked to take such a test.
The Martin family alleged that Seminole County Attorney Wolfinger met personally with Sanford Chief Lee on the night of the shooting and instructed Lee not to make an arrest. Based on their accusation, the Martin family requested that the Justice Department investigate the State prosecutor's office. Wolfinger responded that the accusations were "outright lies" and denied that any such meeting or communication took place. Wolfinger's office reported that the Sanford police consulted with Kelly Jo Hines, the prosecutor on call the night of the shooting, but it has not been disclosed what was talked about.
On March 12, 2012, Police Chief Lee turned the investigation over to the State Attorney's office for review. Lee said there was not enough evidence to arrest Zimmerman. "In this case Mr. Zimmerman has made the statement of self-defense," Lee said. "Until we can establish probable cause to dispute that, we don't have the grounds to arrest him." In response to criticisms of the investigation, Lee responded that "We are taking a beating over this" and defended the investigation."This is all very unsettling. I'm sure if George Zimmerman had the opportunity to relive Sunday, February 26, he'd probably do things differently. I'm sure Trayvon would, too..
On March 13, 2012, Chris Serino sent a capias request to the state's attorney recommending charges of negligent manslaughter against Zimmerman, though Serino maintains he did not believe they had the evidence to support those charges and that manslaughter was only included in the capias in order for the prosecutor's office to continue with their own investigation. The capias states, "the encounter between George Zimmerman and Trayvon Martin was ultimately avoidable by Zimmerman, if Zimmerman had remained in his vehicle and waited the arrival of law enforcement or conversely if he had identified himself to Martin as a concerned citizen and initiated dialog in an effort to dispel each party's concern". "There is no indication that Trayvon Martin was involved in any criminal activity at the time of the encounter." The State Attorney's office initially determined there was insufficient evidence to charge Zimmerman and did not file charges based on the capias request.
On March 13, 2012, Chris Serino sent a capias request to the state's attorney recommending charges of negligent manslaughter against Zimmerman, though Serino maintains he did not believe they had the evidence to support those charges and that manslaughter was only included in the capias in order for the prosecutor's office to continue with their own investigation. The capias states, "the encounter between George Zimmerman and Trayvon Martin was ultimately avoidable by Zimmerman, if Zimmerman had remained in his vehicle and waited the arrival of law enforcement or conversely if he had identified himself to Martin as a concerned citizen and initiated dialog in an effort to dispel each party's concern". "There is no indication that Trayvon Martin was involved in any criminal activity at the time of the encounter." The State Attorney's office initially determined there was insufficient evidence to charge Zimmerman and did not file charges based on the capias request.
On March 16, Serino told the Orlando Sentinel that his investigation had turned up no reliable evidence that cast doubt on Zimmerman's account, that he had acted in self-defense. "The best evidence we have is the testimony of George Zimmerman, and he says the decedent was the primary aggressor in the whole event, everything I have is adding up to what he says.
Further investigation
On March 20, 2012, State attorney Norm Wolfinger announced that a Seminole County grand jury would be convened on April 10 to investigate the death of Martin.[108][109][110] However, after State Attorney Angela Corey was assigned to the case by Florida Governor Rick Scott on March 22, she decided that her office would decide whether to press charges. "I always lean towards moving forward without needing the grand jury in a case like this, I foresee us being able to make a decision, and move on it on our own."[111]
Governor Scott asked the Florida Department of Law Enforcement (FDLE) to investigate the shooting and Florida Attorney General Pam Bondi confirmed that the FDLE was involved and stated "no stone will be left unturned in this investigation."
On March 20, 2012, the Justice Department announced that it was opening investigations into the incident. The FBI opened a parallel investigation into whether Martin's civil rights were violated, interviewed witnesses, and looked into Zimmerman's background.
On July 12, interviews conducted by the FBI were publicly released. The Sanford Police Department's lead investigator, Chris Serino, told FBI agents that he believed Zimmerman's actions were not based on Martin's race, but instead on Martin's attire, the circumstances of the encounter, and previous burglaries in the neighborhood. Zimmerman's neighbors and co-workers were interviewed as well. Neighbors who knew Zimmerman had nothing derogatory to say about him and his co-workers were complimentary of him.
Serino also told the FBI that he had felt pressure from three officers within the department to charge Zimmerman although he "did not believe he had enough evidence at the time to file charges", and accused one of these officers of being friendly with Martin's father. He also expressed concern to the FBI about possible leaks of evidence to the media from within the department.
Martin's autopsy report
The Volusia County medical examiner found that Martin was killed by an injury resulting from a single gunshot to the chest, fired at "intermediate range", between 1 and 18 inches according to a forensic expert. An FDLE analysis of Martin's body and clothes described the distance as "a contact shot". The autopsy also found that Martin had one small abrasion on his left ring finger below the knuckle. No other injuries were found on Martin's body at the time of his death. Physicians who reviewed the official autopsy report for the Orlando Sentinel, stated in their opinion that Martin lived from 20 seconds to several minutes after he was shot, and that Martin likely remained conscious "for a little time, anyway"
The autopsy report stated that Martin had trace levels of THC, the active ingredient in marijuana, in his blood and urine. The toxicology report found the levels to be 1.5 nanograms/ml ofTHC and 7.3 nanograms/ml of THC-COOH, a metabolite of THC that can stay in the system for weeks after cannabis has been smoked. Larry Kobilinsky, a professor of forensic science, stated that the THC amount was so low that it may have been ingested days earlier and played no role in Martin's behavior.
Witness accounts
Recordings of eight calls to the police made on the night of the shooting were released by the Sanford police on March 17, 2012.
A witness to the confrontation just prior to the shooting stated that Martin was on top of Zimmerman and punching him, while Zimmerman was yelling for help. This witness, who identified himself as "John", stated that "the guy on the bottom, who had a red sweater on, was yelling to me, 'Help! Help!' and I told him to stop, and I was calling 911".[125] He went on to say that when he got upstairs and looked down, "the guy who was on the top beating up the other guy, was the one laying in the grass, and I believe he was dead at that point.".
A 13-year-old boy walking his dog saw a man on the ground shortly before the shooting and identified him as wearing red His mother later disputed the testimony and claimed that the police pressured him into choosing the color that the man was wearing and that her son could not see any details in the dark. She also stated that the police waited five days before requesting to even question her son and said that the lead homicide investigator told her that he did not believe the shooting was self-defense.
Mary Cutcher and her roommate, Selma Mora Lamilla, appeared on AC 360, and Cutcher stated that she believes that "there was no punching, no hitting going on at the time, no wrestling" just prior to the shooting but admitted that she neither saw the shooting nor the preceding altercation.[Cutcher and her roommate heard the pair in their backyard and a "very young voice" whining, with no sounds of a fight. They heard a gunshot; the crying stopped immediately, and they saw Zimmerman on his knees straddling Martin on the ground. Mary Cutcher phoned police after the fatal shooting and said the black man was standing over another man, although Trayvon Martin was already dead. According to the Orlando Sentinel article, "Police spokesman Sgt. Dave Morgenstern [on March 15] issued a statement disputing Cutcher's version of events, calling her statements to WFTV "inconsistent with her sworn testimony to police. However, Cutcher and her roommate maintain that their account of the incident to the police did not agree with Zimmerman's, and they demanded the police issue a retraction.
On March 29, 2012, an eyewitness referred to as a male said that he saw two men on the ground scuffling, then heard the shooting, and saw Zimmerman walk away with no blood on him. The witness later appeared on CNN AC360 referred to as a female, giving more details on her account. She pointed out that she heard an argument between a younger and an older voice. During the time that she witnessed the incident, the scuffling happened on the grass. She said that the larger man, who walked away after the gunshot, was on top and that it was too dark to see blood on his face.
A witness who arrived shortly after the shooting revealed photos that he took that night that showed "blood trickling down the back of Zimmerman's head from two cuts. It also shows a possible contusion forming on the crown of his head". In revealing the photo to ABC News in mid-April, he noted that he had heard but had not seen the scuffle, had been the first to arrive, and had been the first to talk to Zimmerman after the shooting.[140]
One eye-witness statement given the night of the shooting describes "a black male, wearing a dark colored 'hoodie' on top of a white or Hispanic male who was yelling for help." The witness said that the black male was throwing punches "MMA [mixed martial arts] style." After hearing a "pop," he saw the black male "laid out on the grass." When the witness was subsequently interviewed weeks later by a different agency, the witness said he thought that the black male was either punching or pinning the lighter skinned male underneath him. He was no longer certain who was calling for help, having not seen their mouths in the dark. He was still certain that the black male had been on top of the lighter-skinned male.
George Zimmerman's account of events
On the advice of his legal counsel, Zimmerman did not speak to the media after the shooting. The statements he gave to police investigators were publicly released on June 21, 2012, when Zimmerman's attorney, Mark O'Mara, published his written and recorded statements on Zimmerman's legal defense web site. Prior to the release of the statements, the only publicly available information about Zimmerman's version of the incident came from interviews with some of his family members and friends and from leaks to the news media by sources inside the investigation, and his recorded phone call to 9-1-1. Zimmerman maintained his public silence until he was interviewed by Sean Hannity of Fox News on July 18, 2012. According to early news reports on the incident, on the night of the shooting, and afterwards, Zimmerman described in detail for investigators what took place.
Zimmerman said he was driving to the grocery store when he spotted Trayvon Martin walking through the neighborhood. Zimmerman's father said that, while his son was not on duty that night as Neighborhood Watch captain, there had been many break-ins and he thought it suspicious that someone he didn't recognize was walking behind the town homes instead of on the street or the sidewalk. Zimmerman therefore called a non-emergency police line to report Martin's behavior and summon police. During the call, Zimmerman told the dispatcher that Martin was "coming to check me out. A source to the Orlando Sentinel said in May that Zimmerman told investigators that at one point Martin circled his vehicle, and he rolled up his window to avoid a confrontation.
After telling the police dispatcher that Martin "ran", Zimmerman left his vehicle to determine his location and ascertain in which direction Martin had fled. The dispatcher asked if Zimmerman was following Martin, and Zimmerman replied "Yeah." Then the dispatcher said, "OK, we don't need you to do that." Zimmerman replied with "OK" and stated that Martin got away.After a discussion about where Zimmerman would meet police, the call ended, and Zimmerman told investigators he was returning to his vehicle when Martin approached him from his left rear and confronted him. According to Zimmerman, Martin then punched him in the face, knocking him down, and began beating his head against the sidewalk. Zimmerman said he called out for help while being beaten, and at one point Martin covered his mouth to muffle the screams. According to Zimmerman's father, during the struggle while Martin was on top of Zimmerman, Martin saw the gun his son was carrying and said something to the effect of "You're gonna die now" or "You're gonna die tonight" and continued to beat Zimmerman.Zimmerman and Martin struggled over the gun, and Zimmerman shot Martin once in the chest at close range, in self-defense.
On June 21, 2012, Zimmerman's attorneys released audiotapes of several interviews he had with police shortly after the shooting. Also included were Zimmerman's written statement of February 26, 2012, and video recordings of his reenactment of the incident and a voice stress test that he passed.
In the interviews, Zimmerman says he took note of Martin because he was near a home that he had previously called police about. He also said "he was just walking casually, not like he was trying to get out of the rain," and he felt "something was off" about Martin.
Zimmerman said he left his truck to find a street sign so he would be able to tell the police dispatcher where he was. He told investigators that he was not following Martin but was "just going in the same direction he was" to find an address, but admitted that he had also left his truck to try to see in which direction Martin had gone. The altercation began, he said, when Martin suddenly appeared while Zimmerman was walking back to his vehicle. He described Martin at different points in the interviews as appearing "out of nowhere," "from the darkness," and as "jump[ing] out of the bushes." Zimmerman said that Martin asked, "You got a fucking problem, homie?" Zimmerman replied no, then Martin said "You got a problem now" and punched Zimmerman. As they struggled on the ground, Zimmerman on his back with Martin on top of him, Zimmerman yelled for help "probably 50 times."Martin told him to "Shut the fuck up," as he hit him in the face and pounded his head on a concrete sidewalk When Zimmerman tried to move off the concrete, Martin saw his gun and said "You're going to die tonight motherfucker!" Martin grabbed for the gun, but Zimmerman grabbed it first. He said after firing his weapon at Martin, he wasn't sure at first that he had hit him, so he got on top of him in order to subdue him. Bystanders and police arrived shortly after Martin was shot.
Police reports state Zimmerman "appeared to have a broken and a bloody nose and swelling of his face." Zimmerman was offered three chances to be taken to the hospital, but Zimmerman declined each time, according to police reports released by the prosecution. ABC News reported that a medical report compiled by the family physician of George Zimmerman showed that, following the altercation with Martin, Zimmerman was diagnosed with a closed fracture of his nose, two black eyes, lacerations to the back of his head, a minor back injury, and bruising in his upper lip and cheek.Medical Examiner Valerie Rao said she reviewed Zimmerman's medical records and 36 pictures of his injuries taken at the police station after the fight and concluded they were not life-threatening and very insignificant.
In the course of Zimmerman's recorded interviews, Detective Chris Serino questioned aspects of Zimmerman's account, such as Zimmerman's statement that he didn't know the name of a street in the Twin Lakes community where he had lived for three years. Zimmerman said in response that he had a bad memory and takes medication for attention deficit hyperactivity disorder.Investigators also questioned the extent of his injuries and why he didn't identify himself to Martin as a Neighborhood Watch coordinator. Zimmerman said he didn't want to confront Martin.
On June 26, 2012, the prosecution released the results of a voice stress test performed on George Zimmerman the day after the shooting. A voice stress test is a type of test used to measure deceptive or psychological stress in the human voice in response to questions. Zimmerman was asked, "Did you confront the guy you shot?", to which Zimmerman answered, "No." Zimmerman was asked, "Were you in fear for your life, when you shot the guy?", to which Zimmerman answered, "Yes." The examiner concluded that Zimmerman "told substantially the complete truth" in the examination, and Zimmerman was classified as "No Deception Indicated (NDI)" according to the report.
During a bond hearing on April 20, 2012, Investigator Dale Gilbreath testified under oath that he did not know whether Zimmerman or Martin started the fight and that there is no evidence to contradict Zimmerman's claim that he was walking back to his vehicle when Martin confronted him. Gilbreath, however, questioned Zimmerman's statement that Martin was slamming his head against the sidewalk just before he shot the teenager, saying it was "not consistent with the evidence we found." Gilbreath was one of two investigators who attested to the facts stated in the probable cause affidavit.
Legal analysts have stated that Zimmerman's credibility could become an issue at trial and that Zimmerman's claim of self-defense rests on whether the jury can trust him "as a reporter of the facts". Douglas Keene, a trial consultant and forensic psychologist, stated that in a self-defense case, a jury has to decide "whether or not someone can be trusted to have used good judgment. Credibility is always a paramount issue in any trial," he said.
Harvard Law Professor Alan Dershowitz, who has criticized Special Prosecutor Angela Corey's handling of the case, said he believes that the video reenactment of the incident would help Zimmerman during a trial if it were submitted as evidence and shown to a jury, but he wasn't sure that it would be. Without going into detail, Martin family attorney Benjamin Crump referred to several alleged inconsistencies between Zimmerman's written statement and his recorded call to the police dispatcher.
Zimmerman's first media interview
On July 18, 2012, Zimmerman, accompanied by his attorney Mark O'Mara, gave his first long media interview to Sean Hannity. Part of the interview appeared on Hannity that evening. During the interview he said that he did not regret his actions on the night of the shooting, but he also said, "I do wish there was something, anything I could have done that wouldn't have put me in the position where I had to take his life. I want to tell everyone, my wife, my family, my parents, grandmother, the Martins, the city of Sanford and America: I'm sorry that this happened. I'm truly sorry."
When Hannity asked Zimmerman why his suspicions were aroused when he noticed Martin, Zimmerman replied in part:
- “I felt he was suspicious because it was raining. He was in-between houses, cutting in-between houses, and he was walking very leisurely for the weather. ... It didn't look like he was a resident that went to check their mail and got caught in the rain and was hurrying back home. He didn't look like a fitness fanatic that would train in the rain.”
Following the interview with Hannity, Special Prosecutor Angela Corey filed formal notice that she intends to use the interview as evidence against Zimmerman. According to an article in theOrlando Sentinel, Zimmerman's story differed in at least two details from previous versions of what he said happened the night he shot Martin. Florida defense lawyers said it was a mistake for Zimmerman to do a TV interview and discuss what happened that night. One of them said, "It's really baffling what he thought he'd gain from it. I question who's in charge of the defense strategy, Zimmerman or O'Mara".
Martin's parents said they don't accept Zimmerman's apology for killing their son. Martin's mother, Sybrina Fulton, said she doubted that Zimmerman's apology was sincere. "I have a hard time accepting it because he also said that he doesn't regret anything that he did that night..." Fulton stated.
Prosecution's account of events
The prosecution's account was largely contained in the affidavit of probable cause filed on April 11, 2012, in support of second-degree murder charges against Zimmerman. A conviction of second-degree murder could have resulted in Zimmerman receiving a prison term of 25 years to life. The affidavit stated that it did not contain a complete recitation of facts, but presented only the facts to support probable cause for second-degree murder charges. Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause. The affidavit described what investigators alleged took place between Zimmerman and Martin on the night of the shooting.
The affidavit stated that Martin was walking back from a nearby 7-Eleven store to the townhouse where he was temporarily living when Zimmerman profiled Martin, who was unarmed and not committing a crime. Prosecutors stated that Zimmerman was driving in his vehicle when he observed Martin and assumed he was a criminal, Feeling that Martin did not belong in the gated community where Zimmerman lived, he called the police to request an officer to respond, because he perceived that Martin was acting suspiciously. Investigators said the dispatcher told Zimmerman an officer was on the way and to wait for him. In the call, Zimmerman made reference to people he felt had gotten away with break-ins in the neighborhood, and while talking about Martin, stated "these assholes, they always get away" and also said "these fucking punks".
According to investigators, while Zimmerman was speaking with police, Martin was on the phone with a friend and described to her what was happening. She said that Martin was scared because he was being followed by an unknown male and didn't know why. Investigators said that Martin attempted to run home, but Zimmerman followed him, because he didn't want Martin whom he falsely assumed was going to commit a crime, to get away before the police arrived When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and told him an officer would meet him. Prosecutors stated that Zimmerman ignored the dispatcher's instruction and continued pursuing Martin on foot.Investigators said Zimmerman then confronted Martin and a struggle ensued.
The affidavit described witness accounts of hearing people arguing, what sounded like a struggle, and yells for help that were recorded in the 9-1-1 calls to police.[197] According to prosecutors, Martin's mother reviewed the 9-1-1 calls to police and identified the voice crying for help as her son. When police arrived at the scene, Zimmerman admitted to shooting Martin in the chest. An assistant medical examiner conducted an autopsy and determined that Martin had died from the gunshot.
Legal analysts have criticized the prosecution for over-charging Zimmerman, claiming that the probable cause affidavit does not support a charge of second-degree murder. Harvard Law Professor Alan Dershowitz claims that the probable cause affidavit may be perjurious if Special Prosecutor Angela Corey knowingly omitted facts favorable to Zimmerman's self-defense claims.
Richard Kuritz, a former prosecutor who worked with Angela Corey, said the state attorney had no obligation to include exculpatory evidence in the affidavit. He stated that Dershowitz could facecivil action for making accusations that Corey committed a crime. "To suggest that she's committing any crime, Dershowitz is way off on that", Kuritz said.
Background sounds of yelling for help in 9-1-1 calls
In recordings of the 9-1-1 calls, yells for help are audible in the background. Zimmerman's family says it was Zimmerman yelling for help, Martin's family says it was Martin yelling for help, and independent audio analysts offer differing opinions as to who was yelling for help.
In an interview with prosecutors on March 19, Zimmerman's father identified the yells as George Zimmerman's, stating, "There is no doubt who is yelling for help. It is absolutely my son." Other relatives of Zimmerman, including his brother, concur and are equally adamant. During a bond hearing on June 29, the 9-1-1 recording was played in court, and Zimmerman's father testified that "it was definitely George's" voice heard yelling for help in the recorded 9-1-1 call.
According to police reports, after listening to audio recordings of the 9-1-1 calls, Martin's father, Tracy Martin, told police investigators that it was not Trayvon Martin's voice yelling for help.Martin has since told reporters he was uncertain at that time, but that when he heard an enhanced recording on March 16 he was convinced it was his son yelling for help. Investigators interviewed Martin's mother, Sybrina Fulton, who reviewed the 9-1-1 calls to police and identified the voice crying for help as her son. Investigators also interviewed Martin's cousin who stated that without a doubt "on a stack of bibles" it was Martin yelling for help on the 9-1-1 tape.
During the FBI investigation, Witness 45, a neighbor of Zimmerman's, stated he was 110% sure the voice calling for help was Zimmerman's.
Independent audio experts vary in their interpretations of the low-quality audio of the phone recordings, which one expert compared to analyzing low-resolution video from a security camera.The FBI was not able to determine whether it was Zimmerman or Martin who could be heard yelling out for help in 9-1-1 calls, citing both poor audio quality and "the extreme emotional state of the person screaming." Two expert audio technicians, listed as possible witnesses for the prosecution, analyzed the emergency calls made during the altercation. One analyst reported that he believed some of the cries came from Martin. The other analyst said the quality of the recordings was insufficient for good analysis, but said some cries were likely from Martin and some likely from Zimmerman.
Zimmerman's attorneys had requested a Frye hearing regarding the admissibility of the testimony of the audio analysts, to determine if the methods used by them are generally accepted by the scientific community. At the time of the hearing, Florida used the Frye standard, but during the course of the case, Florida switched to the Daubert standard, effective July 1, 2013.The Daubert standard is generally considered more stringent, and requires more scrutiny before admission of expert testimony.
On June 22, Judge Nelson ruled that the prosecution's audio experts won't be allowed to testify at Zimmerman's trial. The judge said in her ruling that, "There is no evidence to establish that their scientific techniques have been tested and found reliable." Her ruling didn't prevent the 9-1-1 calls from being played at trial.
Martin family response
Tracy Martin was skeptical of the account of his son's death told to him by Sanford police investigators and believed Zimmerman didn't act in self-defense Two days after the shooting, he was referred to civil rights attorney Benjamin Crump, who was retained to pursue legal action and to persuade the news media to cover the case. Attorney Natalie Jackson and publicist Ryan Julison, both of Orlando, also joined the Martin team.Due to their efforts, the case started to receive national attention on March 7. On March 9, Crump announced he was suing to have 911 calls from the night of the shooting made public They were released by the Sanford mayor on March 16. As attention to the case grew, Tracy Martin and Sybrina Fulton gave media interviews and appeared at some of the protests being held which called for Zimmerman's arrest. On June 28, 2013, Alicia Stanley, Trayvon Martin's step-mother, stated that she did not believe Zimmerman targeted Trayvon because he was black-
Zimmerman and family
While the shooting was being investigated, Zimmerman, his wife, and his parents went into hiding due to threats they were receiving as the case gained more attention. Zimmerman left his job and his school expelled him, citing safety concerns. Due to security concerns, Zimmerman's first lawyers had not been able to meet with him in person.
On April 9, Zimmerman placed a self-created web site on the internet, which included some brief statements, but no information about the shooting, since he had been advised by legal counsel not to discuss it. He also solicited donations for living expenses and legal defense costs.
After taking over as Zimmerman's defense counsel on April 11, Mark O'Mara took down Zimmerman's self-created web site and replaced it with a professional information site. He arranged for a second web site to be set up to collect donations overseen by an independent third party Following Zimmerman's April 20 bond hearing, he and his wife were accused by prosecutors of not disclosing the funds raised through the original web site; as a result of these allegations, Zimmerman's original bail was revoked. He was subsequently released again with a higher bail amount. Zimmerman's wife, Shellie Zimmerman, was charged with perjury in June 2012; the charge still stands.
George Zimmerman's defense team had set up a Twitter account, a Facebook page and a website with a defense fund registered with the Florida Division of Consumer Services.After three months, the Facebook page was shut down by O'Mara, because he said it was leading to unhelpful discussions.
In July 2012, Zimmerman returned his original web site to the internet, and his parents also created their own web site. Both sites discuss how the case has changed the Zimmermans' lives and seek donations for living expenses.
On January 30, 2013, Zimmerman's attorney, Mark O'Mara, asked on Zimmerman's defense fund website for the public to donate more money. O'Mara stated that Zimmerman's legal defense could cost up to $1 million.
Court proceedings and verdict
Main article: State of Florida vs. George Zimmerman
On April 11, 2012, Zimmerman was charged with second-degree murder in Martin's death. In Florida, a conviction for second degree murder carries a maximum sentence of life imprisonment. If a firearm was used then the mandatory minimum is 25 years in state prison. Zimmerman's attorney waived Zimmerman's right to appear at an arraignment and entered a not guilty plea on his behalf. Zimmerman was released on a $1 million bond with several conditions—that he be electronically monitored, reside in Seminole County, have no bank accounts or passport, and observe a 6 p.m. to 6 a.m. curfew. The judge said he granted bond "because Zimmerman posed no threat to the community."
A jury of six women was chosen on June 20, to hear the case. Five of the six were white. In addition, four alternates, two women and two men, all white, were also chosen. The jury wasanonymous, where the identity of the jury was revealed to the prosecution and defense, but not released to the public or media. During jury selection, the judge announced that the jury would be sequestered during the trial.
The trial of George Zimmerman began on June 24, 2013, and was presented to the jury for deliberations on July 12.
On July 13, a verdict of not guilty was reached, with the jury finding Zimmerman not guilty of both second-degree murder and the lesser included charge of manslaughter. Zimmerman's bond and GPS monitor requirement were immediately revoked.
The day after the verdict was delivered, the NAACP posted a petition formally requesting the Justice Department to open a civil rights case against George Zimmerman. Within hours, 130,000 people had signed the petition.
Response from legal scholars
Alan Dershowitz told the BBC that the verdict was "right" and that there was "reasonable doubt" as to Zimmerman's guilt. In regards to the prosecution, he said "She (State Attorney Angela Corey) submitted an affidavit that was, if not perjurious, completely misleading. She violated all kinds of rules of the profession, and her conduct bordered on criminal conduct. [...] Halfway through the trial she realized she wasn't going to get a second degree murder verdict, so she asked for a compromised verdict, for manslaughter. And then, she went even further and said that she was going to charge him with child abuse and felony murder. That was such a stretch that it goes beyond anything professionally responsible. She was among the most irresponsible prosecutors I've seen in 50 years of litigating cases, and believe me, I've seen good prosecutors, bad prosecutors, but rarely have I seen one as bad as this prosecutor.
Public response
After the shooting, Zimmerman was criticized by the Martin family and in the media for following Martin and for carrying a weapon. Sanford police chief Bill Lee stated that neighborhood watch volunteers are not encouraged to carry a gun but have a Constitutional right to do so. Lee further stated, "Mr. Zimmerman was not acting outside the legal boundaries of Florida Statute by carrying his weapon when this incident occurred." Sanford Police volunteer program coordinator Wendy Dorival, told The Miami Herald that she met Zimmerman in September 2011, at a community neighborhood watch presentation. "I said, 'If it's someone you don't recognize, call us. We'll figure it out,' 'Observe from a safe location.' Dorival said."
Protests were staged around the U.S. prior to Zimmerman's April 11 indictment on murder charges. Over 2.2 million signatures were collected on aChange.org petition, created by Martin's mother, calling for Zimmerman's arrest. It was the website's largest petition ever.
Since Martin was killed while wearing a hoodie, hoodies were used as a sign of protest, and many cities staged "million hoodie marches" or "hundred hoodie marches". Additionally, some professional athletes, including Carmelo Anthony and the entire Miami Heat roster, tweeted photos of themselves wearing hoodies.
Bags of Skittles candy and cans of Arizona Iced Tea were also used as protest symbols. Martin was reported to be returning from a 7-Eleven convenience store with these items when he was shot, although the beverage he purchased was actually an Arizona brand fruit drink.
Walkouts were staged by students at over a dozen Florida high schools, and thousands of people attended rallies around the country to demand Zimmerman's arrest. Members of the Occupy movement marched in solidarity during the "Million Hoodie March".
A number of high-profile citizens made public comments or released statements calling for a full investigation, including Reverend Al Sharpton,Reverend Jesse Jackson, and President Barack Obama.
Speaking on the day of Zimmerman's arrest, Al Sharpton said, "Forty-five days ago, Trayvon Martin was murdered. No arrest was made. The Chief of Police in Sanford announced after his review of the evidence there would be no arrest. An outcry from all over this country came because his parents refused to leave it there." Jesse Jackson also referred to Martin as "murdered and martyred". And U.S. Rep. Frederica Wilson (Dem.), who represents Martin's hometown of Miami, used the word “murdered” when she referred to Martin's fatal shooting.
Herman Cain objected to what he called "swirling rhetoric" and "a war of words", and former NAACP leader C.L. Bryant singled out Al Sharpton and Jesse Jackson for being "race hustlers" who were exploiting Martin's death "to inflame racial passions". Bryant also criticized President Barack Obama for his "nebulous" comment, "If I had a son, he'd look like Trayvon.” Former education secretary William Bennett criticized what he called a "mob mentality," saying that "...the tendency in the first days by some, including Al Sharpton, Jesse Jackson and an angry chorus of followers, was to rush to judgment with little regard for fairness, due process, or respect for the terrible death of a young man."
Senior Fellow Shelby Steele at Stanford University's Hoover Institution said that the tragedy of Trayvon Martin's death was being exploited by a generation of "ambulance-chasing" black leaders who have promoted "our historical victimization as the central theme of our group identity".
President Barack Obama, speaking to reporters on March 23 after federal investigators were deployed to Sanford, said, "When I think about this boy, I think about my own kids, and I think every parent in America should be able to understand why it is absolutely imperative that we investigate every aspect of this... If I had a son, he would look like Trayvon."
According to Zimmerman's father, George Zimmerman received death threats after the shooting and was forced to move out of his home. The New Black Panther Party offered a $10,000 reward for the "capture" of George Zimmerman; this was condemned by the city of Sanford.
In parts of the U.S., various acts of vandalism, assaults, and crimes have been connected in part to alleged revenge for the shooting of Trayvon Martin.
Film director Spike Lee retweeted to his 200,000 Twitter followers an erroneous Sanford, Florida, address, purported to be Zimmerman's, which forced a family out of their home to avoid harassment after they received hate mail and unwanted visits from reporters. Lee was criticized for his retweet and he later issued an apology for having tweeted the wrong address.
Professor Alan Dershowitz criticized the probable cause affidavit against Zimmerman as "so thin that it won't make it past the judge," calling it "irresponsible and unethical," and opined that the charges were motivated by prosecutor Corey's desire to be re-elected. The deadline for qualifying to run against Corey was 9 days after she filed charges, and no one stepped forward to challenge her, so she won re-election. In June, Dershowitz said that Corey had contacted the dean of Harvard Law School about his remarks, threatening to sue Dershowitz for libel and slander, and the school too, and saying she wanted him to be disciplined by the American Bar Association. Dershowitz said the dean defended his remarks under academic freedom, and he commented that "[e]ven if Angela Corey's actions were debatable, which I believe they were not, I certainly have the right, as a professor who has taught and practiced criminal law nearly 50 years, to express a contrary view." CNN legal analyst Mark NeJame expressed concern over Corey's threats and questioned if the prosecution of Zimmerman was for political reasons.
Chicago Tribune columnist Eric Zorn wrote "...what's often overlooked in all the heated conversations about this tragedy is the actual timeline based on police documents." and "[The timeline] indicates that the victim as well as the accused made some terrible choices that night...and it tells us to keep our minds open and our tempers in check, at least until some of [the] gaps get filled at Zimmerman's trial."
Fox News Channel host Geraldo Rivera claimed that Martin's "gangsta style clothing" was "as much responsible for Trayvon Martin's death as George Zimmerman was".Rivera was quoted saying, "I am urging the parents of black and Latino youngsters particularly to not let their children go out wearing hoodies." Faced with outrage over his statements, Rivera apologized, saying that he had "obscured the main point that someone shot and killed an unarmed teenager". When a 7-Eleven surveillance video showing Martin making a purchase on the night of the shooting was released two months later, however, Rivera referred to the clothes he had been wearing as "thug wear". His comments were criticized by the Martin family attorney, Benjamin Crump, who compared them to people blaming rape victims for wearing short skirts.
Bill O'Reilly of Fox News called for restraint and urged other pundits to stop trying the case in the media. He said that the case is a "tragedy" but should not be tried in the media.
After Zimmerman's bond was revoked for misrepresenting how much money he had when his bond was set, Martin family attorney Benjamin Crump said he expected the prosecution to bring Zimmerman's credibility "front and center in this entire case". Zimmerman's attorney, Mark O'Mara stated that it was a "mistake" that had "undermined his credibility, which he will have to work to repair". The day after the verdict, there was unrest in Oakland, California; protesters burned U.S. and California flags, broke windows, started small fires in the streets, and vandalized a police squad car. On July 15, at least 12 people were arrested for disorderly behavior at protests in New York City, and thirteen people were arrested in Los Angeles after multiple incidents of public assaults and vandalism. A Hispanic man in Baltimore was reportedly beaten by a group of youths, one of whom was armed with a handgun, while the group chanted "This is for Trayvon!.
Trayvon Martin | |
---|---|
Trayvon Martin in an undated photo
| |
Born | Trayvon Benjamin Martin February 5, 1995 Florida, U.S. |
Died | February 26, 2012 (aged 17) Sanford, Florida, U.S. |
Cause of death | Single gunshot fired at intermediate range (1-18 inches)[10] |
Ethnicity | African American |
Height |
5 ft 11 in (1.80 m)
[Note 1] |
Weight | 158 pounds (72 kg) |
No comments:
Post a Comment