Sunday, May 26, 2013

The Best Defense is a Good Offense: Trayvon Martin Goes on Trial

There is nothing quite like big time criminal defense attorneys. They are the people who you normally hate with all your heart and soul. They are routinely portrayed on TV police dramas as manipulating, unscrupulous, benders of the truth. Yes, it is a sly and mangy lot who are easy to loathe. Well, that is until you end up needing one. Then you want a counselor who is as mean, crafty, and ruthless as a wolverine.

It would appear that George Zimmerman of Sanford, Florida has just that sort of man. Zimmerman is accused of second degree murder in the shooting death of teenager, Trayvon Martin. Martin was walking back to a condo he was staying at a little over a year ago when Zimmerman spotted him and decided he was suspicious. Although he has never been entirely clear on why he came to that conclusion, Zimmerman, a ranking member of the local neighborhood watch group, called 911 and began to follow Martin that evening. What happened next depends on who you believe, or don't believe and it is the reason Mr. Zimmerman is going to trial in a scant few weeks.

Yesterday NBC News, in a story written by James Novogrod and Tom Winter, reported that George Zimmerman's defense team, led by Mark O'Mara, has released texts and photos from Trayvon Martin's cell phone.

The defense says the records show that Martin was arguing with a friend the day of the shooting and that the anger displayed in the texts, "is relevant to Mr. Martin's overall demeanor and relevant to his emotional state." The article also quotes them as saying, "(this) may also assist the jury in understanding why Trayvon Martin chose to hide and then confront George Zimmerman rather than simply going home."

Knowing the best defense is a good offense, Zimmerman's team went further by releasing a couple of photos taken from the phone that showed a hand gun and older text messages referencing "organized" fights and marijuana use. They contend the texts show that Martin was an expert fighter and in passing noted that "marijuana can affect one's judgement and demeanor and is known to cause paranoia and aggression in some." They apparently felt the photos of the weapon spoke for themselves.

Right. What's happening is they are putting Trayvon Martin on trial, knowing that he can't be in the courtroom to defend himself against any accusation, or rumor they come up with. Novogrod and Winter write that Benjamin Crump, the Martin family attorney, described the release of the information as "a desperate and pathetic attempt to sway the jury pool."

It would seem Mr. Crump has a point. Why else would O'Mara and Co. release a couple of photos of a gun that is known not to have been at the scene of the shooting.?

In fact the report cites unnamed "legal experts" as saying none of what O'Mara made public is likely to be admitted as evidence. If that is the case then there really is little doubt that he is playing the race card at the moment. He is trying to get people to accept Martin as just another young African American male who is either a gangster, or gangster wannabe. He is playing to the fears and prejudices of a white audience and all he needs is for one of them to be on the jury and buy into it in order to keep his client out of jail.

O'Mara actually seemed to confirm this supposition. The authors write that he said he doesn't presume all of the evidence will be admitted during the trial. Yes, but now every bit of it has been admitted to the court of public opinion and every potential juror out there. Indeed--ladies and gentlemen, please disregard the defense's last statement, or in this case, their last press release.

Of course O'Mara isn't the only one playing this game because in the end all lawyers will be lawyers. Previously the prosecution released an FBI report that includes information that Zimmerman's ex-fiance filed an injunction order against him. Plus they made public a 2005 My Space page on which Zimmerman seems to bad mouth Mexicans.

Judge Debra S. Nelson is supposed to hear arguments about what should and shouldn't be admissible next week, but now the cat is out of the bag and there is no getting the beast back into it.

It looks to be about even money whether Zimmerman will do time on the murder charge. On the one hand O'Mara could well be the abler attorney. As a friend of mine once said, "All the good ones go into private practice. The rest work for the DA's office." On the other, Winter and Novogrod report that the defense is attempting to prevent voice analysts, hired by the prosecution, from testifying about what they've concluded from their studies of the 911 tape. That would be the tape where Zimmerman claims it is him screaming for help and Trayvon Martin's mother contends it is her son. Ultimately it may come down to not what Lady Justice sees, but what she hears. That old woman might be blind, but she certainly isn't deaf.

The trial is scheduled to begin on June 10th.

Be prepared for a massive overdose of Nancy Grace.



5-26-15

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