When the George Zimmerman case first received national attention, it wasn’t because a young innocent black man was gunned down. Other blacks have been killed as a result of bigotry and nobody has noticed. For example, it has been over four months since Chavis Carter was executed, while in police, custody, with his hands handcuffed behind his back. The reason that the George Zimmerman case has earned the national spotlight is because the police chose to release George Zimmerman without bringing charges. There was unequivocal evidence that Zimmerman shot Martin, that Martin was unarmed and was not involved in committing any crime. It was not only the outrageous act of Zimmerman, but also the fact that the police seemed to be unwilling to press charges against the known killer.
When the special prosecutor, Angela Corey, was appointed, it appeared that the potential corruption of the Sanford Police Department had been eliminated. After a thorough investigation, Ms. Corey filed charges against Zimmerman for second degree murder.
Ms. Corey’s decision seemed to be focused upon whether the charge should be manslaughter, which carried a possible 15 year sentence or murder in the 2nd degree which carries a possible sentence of life in prison. Manslaughter, the lesser of the crimes is described as committing an act that was neither excusable, not justified, that resulted in death. Conversely, Murder in the 2nd degree is described as murder with a Depraved Mind which occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life. Second degree murder is contrasted with murder in the 1st degree as it requires proof that the murder was Premeditated. In the case at hand a charge of murder in the 2nd degree seems appropriate. George Zimmerman’s refusal to stop chasing Trayvon Martin, while carrying a loaded gun, appears to be an “act imminently dangerous.” The lack of regard for human life might be evidenced by Zimmerman’s remark of “fucking coons” and by Martin’s pleas for help which we answered with a bullet.
The failure of the Sanford Police to charge Zimmerman seemed to be remedied as a result of the 2nd degree murder charges filed. However the potential corruption of the Sanford police may still be helpful to George Zimmerman. His attorney has indicated his intention to use at trial the conflicting police reports filed on March 13, 2012, which was more than 2 weeks after the shooting on the 26th of February. On the morning of March 13th, Zimmerman has still not been charged with anything. He was a free man. By the end of the day on the 13,th there were four different versions of the police report: :
1.The first version, investigators recommended at 10:40 a.m. charges of 2nd degree murder.
2.Later that day the initial report was changed to recommend manslaughter.
3.At around 2:30 another paragraph was added which included a diagnosis of a fractured nose and scalp wounds which were reported by a doctor the day AFTER the shooting.
4.The final version of the police report included a final addition that noted Zimmerman had called Sanford police four other times, since August to complain each time about “suspicious young black men in his neighborhood.”
Thus the apparent uncertainty of the police may be used effectively to show the jury that Mr. Zimmerman is not guilty of 2nd degree murder, “beyond a reasonable doubt.” If the police were not certain, how could the jury be certain? It will be the job of the prosecuting attorney to convince the jury that they have more evidence than the police did on that 13th day of March, and thus the verdict of 2nd degree murder has been proved beyond a reasonable doubt.
As a side note, if I were Zimmerman’s attorney, I’d advise him to lose some weight. As he gains weight during the past several months, it makes it more unbelievable that Martin overcame him. Right now he probably would have outweighed Martin by about 70 lbs. Of course Mark O’Mara will try to introduce pictures of Zimmerman from that night, and show that he was a smaller man at the time, but the jury will get to know Zimmerman as he sits in the court room on a daily basis, and it will be hard for them to remember that the man who shot Martin was a much smaller George Zimmerman with a lot less hair on his head, and more on his face.