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Home <http://www.alternet.org/> > 10 Reasons Lawyers Say Florida's Law Enforcement Threw Away George Zimmerman's Case ------------------------------ AlterNet <http://alternet.org/> [1] / *By* *Steven Rosenfeld<http://www.alternet.org/authors/steven-rosenfeld> [2]* [image: comments_image] 10 Reasons Lawyers Say Florida's Law Enforcement Threw Away George Zimmerman's Case *August 6, 2013 * | Florida law enforcement, from the local police to the special prosecutor overseeing the Trayvon Martin case, did not want to see George Zimmerman convicted of murder and deliberately threw away the case, allowing their prosecution to crumble. A growing chorus of attorneys and analysts who know jury trials and courtroom procedure say this is the inescapable conclusion to be drawn from the parade of otherwise incoherent missteps by George Zimmermans prosecutors. I find it personally difficult to believe it was not thrown, said Warren Ingber, a New York-based attorney who has practiced law for decades. I am far from alone in this assessment, and it reveals even harder truth why this case was a miscarriage of justice. Ingber detailed his reasons in a letter sent to a NPRs "Left, Right and Center" program<http://www.kcrw.com/news/programs/lr/lr130719detroit_goes_broke_a> [3] after its liberal analysts would not touch that possibility. But theres been a growing chorus saying the Zimmerman prosecution was not merely incompetent, but going through the motions and intentionally losing. This includes Florida talk radio host Randi Rhodes<http://www.randirhodes.com/main.html> [4], who covered the trial daily, to *New Orleans Times-Picayune* editorial writer<http://blog.nola.com/opinions_impact/print.html?entry=/2013/07/did_george_zimmermans_prosecut.html> [5] Jarvis DeBerry whose source canvassed 20 local prosecutors, to celebrity lawyers like Alan Dershowitz<http://www.realclearpolitics.com/video/2013/07/14/alan_dershowitz_zimmerman_special_prosecutor_angela_corey_should_be_disbarred.html> [6] and other legal analysts<http://www.alternet.org/print/civil-liberties/listening-lead-prosecutors-final-argument-against-zimmerman-its-hard-believe-he> [7], and longtime lawyers like Ingber who was indignant at NPRs commentators ceding too much ground to right-wingers. Here are 10 key points the lawyers in these reports cite behind this conclusion. *1. There was enough evidence to convict, despite biased police work.*That assessment is itself a miracle, Ingber wrote, citing how the Sanford, Florida police handled the killing. Martins body lay in the morgue as a John Doe for three days<http://www.reuters.com/article/2012/04/03/us-usa-florida-shooting-trayvon-idUSBRE8320UK20120403> [8] while his mother was asking for his whereabouts. His cell phone records indicated he was on the phone as he was being killed. The person he was on with had no idea where he was. Meanwhile his admitted killer was on the loose and allowed to produce exculpatory evidence while crime scene evidence was deteriorating. It appears from videos of Zimmerman strolling into custody that he was not that badly hurt. But in Florida the right of self-defense includes, for whites, the freedom to exculpate oneself. And when that wasnt enough, the police stepped in, as when the lead detective Chris Serino told Zimmerman the screams for help were his, not Martins,<http://www.businessinsider.com/george-zimmerman-cant-hear-himself-on-911-call-2013-7> [9] over his objection. *2. The governors handpicked prosecutor enters with an agenda.*No account of this trial is complete if it does not start with how the deck was stacked before the trial took place, Ingber said. But it continues in the identity of the person that Floridas [Republican] Gov. Rick Scott selected to prosecute the case: Angela Corey, the prosecutor who sentenced Marissa Alexander<http://www.usnews.com/news/articles/2013/07/18/marissa-alexander-20-year-sentence-george-zimmerman-prosecutor-angela-corey> [10] [a black woman] to 20 years for firing a gun into the air in her own garage in defense against a convicted abuser of women. Ill leave it to Alan Dershowitz, who knows the law of defamation, to describe<http://www.realclearpolitics.com/video/2013/07/14/alan_dershowitz_zimmerman_special_prosecutor_angela_corey_should_be_disbarred.html> [6] her professional lapses that bordered on criminal conduct. *3. No change of venue was demanded.*There were a series of decisions<http://www.alternet.org/print/civil-liberties/listening-lead-prosecutors-final-argument-against-zimmerman-its-hard-believe-he> [7] made by the prosecutors that incrementally lowered their chances of obtaining a conviction. The first concerned not seeking a jury trial in another county. The Seminole County district attorney and multiple judges recused themselves, proof that the case was a political hot potato and that there was a fear that there would be negative political ramifications following a Zimmerman verdict, *Times-Picayune* editorial writer Jarvis DeBerry wrote<http://blog.nola.com/opinions_impact/print.html?entry=/2013/07/did_george_zimmermans_prosecut.html> [5]. But the state did not want to move the trial. *4. The early mishandling of the jury.*Prosecutors meekly tried to remove two jurors with very strong pro-Zimmerman biases, but did not use more forceful preemptory challenges, DeBerry noted. Juror B-37 should never have been let onto the jury after she said there were riots in Sanford<http://gawker.com/george-zimmerman-juror-b37-hates-media-called-trayvon-787873533> [11] over this case, Ingber added. How was that allowed to occur? B-37s interview is worth a listen<http://gawker.com/george-zimmerman-juror-b37-hates-media-called-trayvon-787873533> [11]. She called Martin a boy of color (at 10.41) and mentioned rioting twice (12.12 and 14.32), calling it organized by Martin supporters and adding that she didnt trust mainstream media. *5. There were no men on the jury.*DeBerry, citing a former prosecutor who handled hundreds of homicide cases over his career, said opposing an all-female jury was prosecuting 101. In a fatal fight between men, you fight to get men on the jury. Men are more likely to convict. *6. The jury was improperly sequestered.*While talking about the jurybefore turning to what the prosecution did and didnt do with witnessesits also important to note that the jury wasnt properly kept away from interacting with the public. Why wasn't the jury properly sequestered?<http://s/news/local/zimmerman-trial-jurors-had-alone-time-family-durin/nYwNG> [12] Ingber said. Why was it given time with family members, time enough for, oh, I dont know, arranging a book deal? (Juror B-37 signed<http://www.mediabistro.com/galleycat/george-zimmerman-juror-to-write-book_b74138#more-74138> [13] a contract with a literary agent immediately after the trial ended.) *7. Missteps with the states witnesses.*The prosecution failed to adequately prepare its witnesses, such as Rachel Jeantel, who was on the phone with Martin during the confrontation and was the closest thing the state had to a star witness, DeBerry wrote. Why was the jurys prejudices given free rein to suppose, as the entire nation did, that Rachel Jeantel was stupid because of her speech when she has an underbite<http://patdollard.com/2013/07/rachel-jeantel-says-underbite-not-ignorance-is-cause-of-her-communication-problems-i-am-educated-trust-me-i-have-a-3-0/> [14] that will require surgery that she is putting off? Ingber explained. Why did even close observers of the trial learn this only afterward, from this supposedly stupid witness? Could the prosecution have been even stupider? Or is prosecution of a white man for killing a black man in the South just stupefying? Jeantel was hardly the states only bad witness. What of the ill-prepared "I know nothing" state medical examiner, who changed his testimony<http://www.talkleft.com/story/2013/7/5/145044/7130/crimenews/Zimmerman-Medical-Examiner-Changes-Opinions> [15] in the course of his examination, including waffling on the absurd notion that marijuana might have made Martin aggressive? he wrote. Why did he ignore testimony that Zimmerman was the aggressor? One wonders who got to this man. Surely not those Sanford rioters! *8. More missteps with Zimmermans witnesses.*If your sides witnesses are falling down, lawyers usually work even harder to undermine their opponents case. But exactly the opposite unfolded.The defense witness that impressed B-37 the most was that friend of Zimmermans<http://allyourscreens.com/index.php/latest-news/691-ac360-exclusive-interview-with-zimmerman-juror-b37-transcript> [16] (whom she mistook for a doctor) who testified he knew it was Zimmermans voice based on a knack acquired in military service, Ingber said. He had been sitting in the courtroom throughout the trial before his testimonyundisguised and adjacent to the defense teamin flagrant violation of the witness sequestration rule. He should never have been permitted to testify. Where was the prosecution? He cited other examples: How could the prosecutors have been so stupid as to allow Zimmerman to testify in his own defense<http://legalinsurrection.com/2013/07/zimmerman-trial-day-7-wrap-up-prosecution-recovers-a-little-prepared-to-introduce-college-records-2/> [17]by admitting into evidence his Sean Hannity interview on Fox News for the ostensible reason of admitting a minor detail? Inger said. Could it have missed the predictable effect on the jurys sympathies of the defendant appearing before a fake journalist on Fox? Could it not see this for a one-sided waiver of Zimmermans Fifth Amendment rights against self-incrimination? Without risking cross-examination? DeBerrys ex-prosecutor source noted more examples. A Sanford police officer who was asked if he believed Zimmermans story of self-defense was allowed to answer yes without the prosecution objecting, he said. Witnesses should not be permitted to offer an opinion on the credibility of other witnesses or other evidence. The next day prosecutors asked the judge to strike that portion of the investigators testimony, and she complied. But why did the prosecutors sit quietly as the question was asked and answered? *9. Floridas abysmal laws compounded the botched prosecution.*Many media outlets analyzed Zimmermans acquittal by saying that the state overcharged himbecause second-degree murder has a higher standard of proof than the lesser charge of manslaughter. The lawyer-critics dont buy that analysis, however. All of the evidence is that Zimmerman was the aggressor, Ingber said. Jeantel testified that Martin was being stalked and that Martins cell phone was knocked out of his hand in real time and fell to wet grass just as the struggleobviously self-defensive on Martins partcommenced. The tape of the 911 call is to the same effect. Zimmermans self-serving testimony, the coached evidence from the detective about whose voice it wasits all fluff. The two telephone calls set it all out. Who was on top for a moment means nothing. They rolled around. The injuries were not consistent with a ground-and-pound attack. But say they were. Is the explanation of the not-guilty verdict as to manslaughter that the jury thought it is legal for a man with a gun to initiate an altercation with an unarmed boy and shoot him dead if he starts to lose the fight and fears for his own? The Florida law deciding this case is abysmal, Ingber said, noting that this added to the jurys confusion during deliberations, and in getting the charge from the judge. Try reading the instructions.<http://www.npr.org/blogs/thetwo-way/2013/07/12/201410108/read-instructions-for-the-jury-in-trial-of-george-zimmerman> [18] Really try. I did, he wrote. I am an attorney and thought I knew what the elements of manslaughter were until I read this. Anyone who can parse thisin written form, never mind by earqualifies for a Supreme Court nomination. But its even worse, he continued, saying these were yet more prosecutorial blunders. During deliberations the jury, having only the legal smarts of a mere circuit court judge, asked for clarification as to manslaughter but never received them.<http://abcnews.go.com/US/george-zimmerman-jury-asks-manslaughter-clarification/story?id=19657201> [19] Why was that? *10. Florida wanted to get rid of the case, not win it.*The * Times-Picayunes* DeBerry said his ex-prosecutor source said hes polled about 20 prosecutors in New Orleans, and though all arent sure that they would have been able to get Zimmerman convicted as charged, each of them is convinced that he or she could have gotten more than an acquittal. It was a clear case of tanking, he argued: They didnt want to win this case. There are political benefits to that outcome, Ingber said, explaining what would be the states motive for proceeding so sloppily and working not to get a conviction. Bear in mind how cost-free all of this shoddy prosecution is, he said. Once jeopardy attaches and a defendant is exonerated the prosecutor will suffer no judicial embarrassment because any further proceedings would be double jeopardy. Translation: Zimmerman cant be retried and the prosecution also gets off the hook. So this could all be swept under the rug and Angela Corey and Rick Scott can go their merry way. *Who wins when the state deliberately loses?* It is clear that the details of the Trayvon Martin case will not be forgotten by people who watched the trial or heard it described in detail by radio hosts such as Randi Rhodes, who understand how Floridas legal system can be stacked in favor of white defendants. The striking conclusion after listening to these lawyers is that even with all the states policing and courtroom errors, there was enough to obtain a conviction. It takes no partisan slant to see the procedural injustice in this case, Ingber said. It is not hard to make the case that the evidence supported a manslaughter verdict beyond a reasonable doubt. This was another O.J. [Simpson] case <http://en.wikipedia.org/wiki/O._J._Simpson_murder_case> [20], except this was not a case of jury nullification. It is to the Emmett Till<http://en.wikipedia.org/wiki/Emmett_Till> [21] case what modern-day voter suppression is to the poll tax. You need to drill down to see it for what it is. *See more stories tagged with:* zimmerman <http://www.alternet.org/tags/zimmerman> [22] ------------------------------ *Source URL:* http://www.alternet.org/civil-liberties/10-reasons-lawyers-say-floridas-law-enforcement-threw-ryan-zimmermans-case-away *Links:* [1] http://alternet.org [2] http://www.alternet.org/authors/steven-rosenfeld [3] http://www.kcrw.com/news/programs/lr/lr130719detroit_goes_broke_a [4] http://www.randirhodes.com/main.html [5] http://blog.nola.com/opinions_impact/print.html?entry=/2013/07/did_george_zimmermans_prosecut.html [6] http://www.realclearpolitics.com/video/2013/07/14/alan_dershowitz_zimmerman_special_prosecutor_angela_corey_should_be_disbarred.html [7] http://www.alternet.org/print/civil-liberties/listening-lead-prosecutors-final-argument-against-zimmerman-its-hard-believe-he [8] http://www.reuters.com/article/2012/04/03/us-usa-florida-shooting-trayvon-idUSBRE8320UK20120403 [9] http://www.businessinsider.com/george-zimmerman-cant-hear-himself-on-911-call-2013-7 [10] http://www.usnews.com/news/articles/2013/07/18/marissa-alexander-20-year-sentence-george-zimmerman-prosecutor-angela-corey [11] http://gawker.com/george-zimmerman-juror-b37-hates-media-called-trayvon-787873533 [12] http://s/news/local/zimmerman-trial-jurors-had-alone-time-family-durin/nYwNG [13] http://www.mediabistro.com/galleycat/george-zimmerman-juror-to-write-book_b74138#more-74138 [14] http://patdollard.com/2013/07/rachel-jeantel-says-underbite-not-ignorance-is-cause-of-her-communication-problems-i-am-educated-trust-me-i-have-a-3-0/ [15] http://www.talkleft.com/story/2013/7/5/145044/7130/crimenews/Zimmerman-Medical-Examiner-Changes-Opinions [16] http://allyourscreens.com/index.php/latest-news/691-ac360-exclusive-interview-with-zimmerman-juror-b37-transcript [17] http://legalinsurrection.com/2013/07/zimmerman-trial-day-7-wrap-up-prosecution-recovers-a-little-prepared-to-introduce-college-records-2/ [18] http://www.npr.org/blogs/thetwo-way/2013/07/12/201410108/read-instructions-for-the-jury-in-trial-of-george-zimmerman [19] http://abcnews.go.com/US/george-zimmerman-jury-asks-manslaughter-clarification/story?id=19657201 [20] http://en.wikipedia.org/wiki/O._J._Simpson_murder_case [21] http://en.wikipedia.org/wiki/Emmett_Till [22] http://www.alternet.org/tags/zimmerman [23] http://www.alternet.org/%2Bnew_src%2B [Non-text portions of this message have been removed] ------------------------------------ --------------------------------------------------------------------------- LAAMN: Los Angeles Alternative Media Network --------------------------------------------------------------------------- Unsubscribe: <mailto:[email protected]> --------------------------------------------------------------------------- Subscribe: <mailto:[email protected]> --------------------------------------------------------------------------- Digest: <mailto:[email protected]> --------------------------------------------------------------------------- Help: <mailto:[email protected]?subject=laamn> --------------------------------------------------------------------------- Post: <mailto:[email protected]> --------------------------------------------------------------------------- Archive1: <http://www.egroups.com/messages/laamn> --------------------------------------------------------------------------- Archive2: <http://www.mail-archive.com/[email protected]> --------------------------------------------------------------------------- Yahoo! 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