Tag Archive: Trayvon Martin Trial


hammer of justice

Here’s something to ponder as we await the verdict.  Instructions to the Jury.

Things I’ve highlighted…

Second Degree Murder or Manslaughter?

If you find Trayvon Martin was killed by George Zimmerman, you will then consider the circumstances surrounding the killing in deciding if the killing was Murder in the Second Degree or was Manslaughter, or whether the killing was excusable or resulted from justifiable use of deadly force.

Did Trayvon Martin attempt to murder or commit a felony upon George Zimmerman?  In my opinion, Trayvon Martin did not attempt to murder or commit a felony upon GZ.  In my opinion, Trayvon Martin was attempting to save his own life especially if he happened to see GZ’s gun which I believe he did.

Excusable Homicide: The killing of a human being is excusable, and therefore lawful, under any one of the three following circumstances:

1. When the killing is committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or

2. When the killing occurs by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or

3. When the killing is committed by accident and misfortune resulting from a sudden combat, if a dangerous weapon is not used and the attempted killing is not done in a cruel and unusual manner. – See more

In my opinion, #3 may not look good for the State if the jury believes it was TM who initially sucker punched GZ but this is where it gets interesting.  This is where GZ’s family background; his best friend “Mark Osterman” and his academic knowledge of SYG comes in handy for George.  This is why he’s claiming TM sucker punched him. Now I know why Mark O’Mara focused only on who started the fight. The Defense also didn’t want the word “provocation” used in these instructions.

SECOND DEGREE MURDER

To prove the crime of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt:

1. Trayvon Martin is dead.

2. The death was caused by the criminal act of George Zimmerman.

3. There was an unlawful killing of Trayvon Martin by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. An “act” includes a series of related actions arising from and performed pursuant to a single design or purpose.

An act is “imminently dangerous to another and demonstrating a depraved mind” if it is an act or series of acts that: 1. a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another, and 2. is done from ill will, hatred, spite or an evil intent, and

3. is of such a nature that the act itself indicates an indifference to human life. In order to convict of Second Degree Murder, it is not necessary for the State to prove George Zimmerman had an intent to cause death.

In my opinion, as to #3 “act”.  GZ, as a responsible gun owner; with a license to carry a concealed weapon should have known not to approach any person whom he considered suspicious while carrying a loaded gun. We know that he considered TM suspicious because he called NEN 911  We know that he said TM circled his truck, then ran which a reasonable person such as GZ; would perceive as fear. Once he saw Trayvon Martin’s fear, he jumped out of his truck, carrying a gun; with “evil intent” to bring in his prize, the A-Hole; effing Punk.

*edited:  should have read #3 instead of #1.  I was referring to “act”

POSSESSION OF A FIREARM AND DISCHARGE CAUSING DEATH

If you find that George Zimmerman committed Second Degree Murder and you also find beyond a reasonable doubt that during the commission of the crime, he discharged a firearm, and in doing so, caused great bodily harm to, or the death of, Trayvon Martin, you should find George Zimmerman guilty of Second Degree Murder with discharge of a firearm causing great bodily harm or death.

If you find that George Zimmerman committed Second Degree Murder, and you also find beyond a reasonable doubt that during the commission of the crime, he discharged a firearm, you should find George Zimmerman guilty of Second Degree Murder with discharge of a firearm.

If you find that George Zimmerman committed Second Degree Murder and you also find beyond a reasonable doubt that during the commission of the crime, he actually possessed a firearm, you should find George Zimmerman guilty of Second Degree Murder with actual possession of a firearm.

I purposely left out description of firearms. From my understanding this clause could add up as much as 25years onto GZ’s sentence. I’m not sure if it’s necessary to give him 25 more years to his sentence if he’s found guilty of Second Degree Murder.  In my opinion, taking a way GZ’s right to carry a firearm, concealed or otherwise is a punishment within itself.

MANSLAUGHTER

To prove the crime of Manslaughter, the State must prove the following two elements beyond a reasonable doubt:

1. Trayvon Martin is dead.

2. George Zimmerman intentionally committed an act or acts that caused the death of Trayvon Martin.

In my opinion, the State definitely proved Manslaughter and if he’s found guilty of Manslaughter, the Jury should add the Firearm clause.

~~~

Well, that’s my verdict.

Please feel free to leave your interpretation of Instructions or comment on this thread.

~~~

TheJBMission~

PS: And if all else fails..Wrongful death law suits will be coming his way…

Source:

http://www.news965.com/news/news/local/document-instructions-george-zimmerman-jury/nYnm3/

On Friday, July 5th, after 9 days of testimony, the State of Florida rest it’s case against George Zimmerman, accused of 2nd degree murder in the senseless shooting of 17-year old Trayvon Benjamin Martin.  As expected in most murder trials, Mark O’Mara and co-counsel Don West asked Judge Debra Nelson for an acquittal which she denied. With that the defense began.  Attorney Mark O’Mara calls his first witness, George Zimmerman’s mother. Gladys Zimmerman who swore under oath that the voice she heard on the 911 call was the voice of her son.

When O’Mara asked, “Why do you think it’s George?” Gladys simply replied, ” Because he’s MY son”  Bingo!  Although she hasn’t heard him like that before, she’s certain it was her son George.  Very good Gladys. Now you can go for ice cream with Donny and Molly.

Just as quickly as George’s mother’s testimony came to a close, up to the stand was Jorge Mesa, George Zimmerman’s uncle.

Jorge Mesa, who happens to have ties with Orange County, Florida has been a courthouse deputy since 2007.  I should add, George’s father, Robert Zimmerman Sr. is a retired Supreme Court Magistrate judge from Virginia. And I wonder why George Zimmerman’s case wasn’t brought to a Grand Jury.

Jorge Mesa testified that he hadn’t heard the 911 call with screams for help in the background until he heard it over television while his wife was watching the news.  He admitted that he knew his nephew was involved in a shooting but was trying not to get involved.  Ashamed, perhaps?  I can’t help but wonder if Uncle Jorge is the father of the niece George Zimmerman is accused of molesting years ago. The girl was at one point on the State witness list but for reasons unknown, Bernie de la Rionda chose not to call her to the stand.

Mr. Mesa went on to say that he knew the screams he heard belonged to George because he heard him sound like that when he was laughing.  Does laughing ever sound like screaming?  Or is this what George sounded like when he was kicking his ass for touching his daughter?   I really don’t know who the poor child belonged to. One can only speculate…the child was George’s cousin.

Prosecutor Bernie de la Rionda’s cross examination was short and methodical.  He basically emphasized that he was in fact “George’s uncle” and with that bit of “consider the source”, Jorge Mesa was dismissed.

Considering the defense’s opening witnesses,  I can only presume that their case hinges heavily on the 911 screams.  As I recall, in the same 911 call in which the screams can be heard, the female caller did say, “They” are screaming for help” meaning more than one person.  I’m hoping that the jury will listen very closely to the tapes.  If they do, in the midst of the screams, they will hear, “I’m beggin you!”.  George Zimmerman certainly didn’t scream that.  He had the gun.

~~~

Court will continue today at 9:00am.

TheJBMission~

After almost 2 days on the stand, Rachel Jeantel was finally dismissed or at least for now. Rachel Jeantel, aka Witness 8 aka DeeDee is the childhood friend of shooting victim 17 year-old Trayvon Martin.

Rachel Jeantel 2Documents show she was on her cell phone with Trayvon Martin during the crucial time when Martin was shot down. On February 26, 2012 at about 7:15pm his body lay motionless in the middle walkway of Retreat View Circle Condos thanks to the inane actions of an overzealous Law-Enforcement-Flunkie who had the audacity to think he looked suspicious. This person 29yo George Zimmerman is now on trial facing 25 years to life for 2nd degree murder or if he’s lucky perhaps 5 years for manslaughter.

For the last year and half there’s been much talk about Witness 8. The reason being, Witness 8 later known as “Dee Dee” was not found out by law enforcement during the initial investigation.  Law enforcement, as 19 year-old W8 Rachel Jeantel so wisely pointed out didn’t follow normal procedure. Unlike the television show “The First 48 Hours” they didn’t check the victim’s cell phone records to find out who he spoke with in the last minutes of his life. This is Detective 101, something I pointed out early on.

 Why didn’t Sanford Police Dept. or the FDLE do this simple task?

Why were they in a rush to set George Zimmerman free without a full investigation?

I shiver to think, “racism” but maybe it is. Maybe it isn’t George Zimmerman who is the racist, maybe it’s Sanford PD and Florida Dept. of Law Enforcement, after all Seminole County population is 94% white and maybe it’s expected. I don’t know because I don’t live there but if I did, I’d want to know why.

At trial today, defense attorney Don West picked up where he left off.  The now-infamous Rachel Jeantel took the stand. You could tell she didn’t want to be there. She didn’t want to be badgered for another 4 hours like yesterday. It’s really pitiful to watch.

Here we have this 60 year old, well-educated, well-practiced attorney cross examining a reluctant young woman whose only crime was to happen to be on the phone with Trayvon Martin moments before he was brutally shot in the chest. And for that she had to come out of the closet, show her face and take the abuse of Don West who was hired to try to save the better years of George Zimmerman’s life.
Yesterday when Rachel Jeantel was introduced to the world, liked everyone else, I tried to size her up, figure her out. What I saw was a young black female who was well groomed, beautiful skin, beautiful green eyes and enough stature to hold her own on any block in Miami. True, she spoke in low tones and in the dialect of many young women of her culture which made us all listen very closely.

She retold the events of evening of February 26th as Trayvon Martin related to her. She said Trayvon Martin referred to the man who was stalking him as Creepy White Cracker. The courtroom gasped but nonetheless it was a good thing.  This let the jury know who she was and how Trayvon Martin perceived George Zimmerman. Amazingly, Rachel Jeantel verbalized all of that with one phrase.

~~~

Not having ever lived in Miami, Florida, I don’t know much about the African American youth of their city but I am familiar with the African American youth of New Orleans. I’ve learned this mostly through my son whose best friends are African American whom I’ve played mother to on several occasions.  As I spoke with them I learned a common thread among these young men, they do not trust law enforcement.
I’m tempted to think this is same for Rachel Jeantel and one of the reasons why she tried so hard to lay low. I’ve learned her mother lives in Haiti. I’ve learned she is 19 years old still in high school and sadly we learned today that she cannot read cursive. I’m not surprised by her admission.

I’m surprised that others are surprised. This isn’t new to me. Here in New Orleans area public schools, cursive writing is a thing of the past. No longer do teachers spend time teaching children cursive writing and good penmanship like they did in parochial schools where I was taught. According to educators this is because in our new age of technology, computers have taken the place of penmanship. I find it appalling. I hope these educators will take note of this trial, proof that all forms of writing are important.

In all, Rachel Jeantel did a stellar job on the stand. Regardless of misquoting phrases in her depositions, her story never faltered. Witness 8 was the most brave and honest witness as yet to testify.

Thank you Rachel Jeantel for coming forward.

Those of us who wish justice for Trayvon Martin will never forget you.

TheJBMission~

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