Monday, August 5, 2013

USA Africa Dialogue Series - Re: Stop the Zimmerman Debates?


In the name of the FIRST AMENDMENT and The Universal Declaration of Human Rights,  people of conscience are going to stand our ground. We are not going to stop the debate, the discussion or the protests. Trayvon was unarmed when he was shot dead by Zimmerman, because Zimmerman had it in his head that when he saw Trayvon, what he saw was a dangerous black hoodlum and therefore went after him. Zimmerman admits that he phoned to report seeing a suspicious looking person in the Twin Lakes community, adding that ""these assholes, they always get away."[73][74]

"About two minutes into the call, Zimmerman said, "he's running".[15] The dispatcher asked, "He's running? Which way is he running?"[75] Noises on the tape at this point have been interpreted by some media outlets as the sound of a car door chime, possibly indicating Zimmerman opened his car door.[76] Zimmerman followed Martin, eventually losing sight of him.[15] 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."[77] Zimmerman asked that police call him upon their arrival so he could provide his location.[15] Zimmerman ended the call at 7:15 p.m.[15]

In another what was played was, "This guy looks like he's up to no good. He looks black." In the original 9-1-1 recording, Zimmerman said: "This guy looks like he's up to no good. Or he's on drugs or something. It's raining and he's just walking around, looking about." The 9-1-1 operator then asked: "OK, and this guy, is he black, white or Hispanic?", and Zimmerman answered, "He looks black."[283] The phrase, "He's got his hand in his waistband, and he's a black male" came several exchanges after that point in the conversation.[351][352]

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.[78][Note 6]

 The shouts for help therefore make a lot of sense. Trayvon was shouting for help in the vicinity of his home, where help could hear him. Trayvon's mother and father and other family members did identify the voice screaming for help on the 911 recording, as that of their son, their unarmed son.

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.[13][Note 7] An FDLE analysis of Martin's body and clothes described the distance as "a contact shot".[117] 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.[13] 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 screaming for help:

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. During the trial, friends and family members of both Zimmerman and Martin testified as to who they thought the voice was, but expert testimony regarding voice identification was not allowed.

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.[203] 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.[204]

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.[180] 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.[205] 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.[206][207]

Zimmerman's attorneys 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.[208][209] 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.[210][211]

Mr. Zimmerman would have been equally guilty of having killed somebody white and indeed it would have been the same if Zimmerman thought that Trayvon was a white hoodlum - even though Trayvon certainly wasn't looking white on that fateful night – so, white or black, in the circumstances, Zimmerman could be at least guilty of first, second or third degree murder or manslaughter and there ought to be a re-trial and compensation to Trayvon's parents?

The case is making reverberations around the world even in faraway places like Israel. Take a look at this: Identity, race and the courts: Martin vs. Nathan-Zada

Deroy Murdock says many positive things about Zimmerman but he omits these other relevant facts:

That," in 2005, Zimmerman was arrested and charged after shoving an "undercover alcohol-control agent" while a friend of Zimmerman's was being arrested for underage drinking. The charges were subsequently dropped when Zimmerman entered a pre-trial diversion program that included anger management classes.[3][40] 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.[3][41] 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.[3][42][43] "

 Nor does he mention the racial composition of the Twin Lakes community: in Sanford, Florida:

"The Retreat at Twin Lakes is a 260-unit gated community in Sanford, Florida.[86] The community is approximately 49% non-Hispanic white, 23% Hispanic, 20% black, and 5% Asian, according to Census figures.[87]

Keeping it short and concentrating on just one item: the colour issue.

Deroy Murdock himself is guilty of shooting from both sides of his mouth: On the one hand he says that "Zimmerman is not white." What is he then? Is he Black? Blue? Gray?

The whole article is a gloss, starting with its definition of who is and who is not to be defined as a black person or a white person/citizen of the United States and he does give some absurd examples such as that Barack Obama is not to be regarded as a "Black man" and disqualifies "the notion that Obama is America's first black president," on the grounds that, "he is, at most, 50 percent black."

 Murdock, who is thus still trapped in the racial categories of apartheid South Africa, should try selling that idea to the Klu Klux Clan, but he cannot do that because he is not being sincere. He knows that Frank Yerby is even more precise in his gradations of Black people and he is aware that in the US, "one drop" of what they know as "Negro blood" / "Black blood" and even 99% of White blood" in the same pesron, would make him black and that this holds true even today.

Now on that dark night, what we have to consider is the visibility question – and here we are talking about the victim and not Zimmerman who pulled the trigger. It's the old colour game in the states: Designations for colored folk by H.L. Mencken still survives. I just re-read this version which has a more informative introduction: Mother Wit from the Laughing Barrel: Readings in the ... - Page 142 –

In search of  the post- racial America that is yet to be born, Murdock no doubt espouses the Rev. Dr. Martin Luther King's dream of "a nation where they will not be judged by the colour of their skin, but by the content of their character" – in fact of a nation in which the colour of a man's skin should not be important: Barack Obama the president of the United States, W. E. B. Du Bois, Malcolm X, Duke Ellington, Louis Farrakhan, Andrew Young and Joshua Redman are all black heroes who all have White ancestry...

 
On Sunday, 4 August 2013 04:31:02 UTC+2, Toyin Falola wrote:

NATIONAL REVIEW ONLINE          www.nationalreview.com             

August 1, 2013 12:00 AM
Stop the Zimmerman Debates
Both the Left and the Right have tried to turn Trayvon Martin's death into something it's not.
By  Deroy Murdock

State of Florida v. George Zimmerman, popularly known as the Trayvon Martin case, is now a platform on which liberal and conservative advocates make major pronouncements on important issues of the day. However, this perch is a surprisingly rickety one, since the statements made from it usually have little to do with the facts in this sad, sad, sad trial.

Liberals, for instance, see this entire affair through the Left's all-encompassing lens of latent white racism and the alleged widespread bigotry that targets blacks in America — fatally so, when it came to 17-year-old Martin. This is all quite interesting and actually might be relevant, save for one crucial fact: Zimmerman is not white.

As it happens, the 29-year-old Zimmerman is of mixed — essentially biracial — ancestry, much like President Obama. Indeed, it would be as accurate to call Zimmerman Hispanic as it would be to describe Obama as white. Nevertheless, public discussion focuses almost entirely on Zimmerman's Caucasian roots, much like the notion that Obama is America's first black president, even though he is, at most, 50 percent black.


George Zimmerman's Peruvian-born mother sits on the lap of Zimmerman's Afro-Peruvian great grandfather.

Zimmerman's mother's maiden name is Mesa. This reflects her birth in Peru. "He was raised in a racially integrated household and himself has black roots through an Afro-Peruvian great-grandfather — the father of the maternal grandmother who helped raise him," Reuters' Chris Francescani wrote in an eye-opening April 25, 2012 article on Zimmerman's background.

So, amazingly enough, Zimmerman actually is part black. Regardless, numerous news accounts describe him as "a white Hispanic." This unusual formulation is about as common as "a white black."

Beyond all of these chromosomal specifics, Zimmerman seems to be anything but a racist. He is bilingual and informally served as a translator in his grade school, presumably bridging the English-Spanish language gap between administrators and foreign-born parents.

As several journalists, not least Reason's Cathy Young, have demonstrated, Zimmerman might have been eligible for an NAACP Image Award were it not for his calamitous, chance encounter in Sanford, Fla., with the unarmed Martin. Among Zimmerman's acts of non-racism, he took a black girl to his high school prom. Zimmerman and a black business partner jointly launched an Allstate insurance office in 2004. Zimmerman served as a mentor to disadvantaged black children. He also appeared at a January 8, 2011, public forum at Sanford City Hall. He spoke up there to defend Sherman Ware, a homeless black man who was beaten up by Justin Collison, the son of a white police officer.

Further diluting the Left's anti-Zimmerman narrative: He is one of them.

Zimmerman is a Democrat and an Obama voter. As his brother Robert explained to Breitbart.com, George is "a registered Democrat. He registered as a Hispanic. He kind of did some internal family campaigning for Obama." Referring to his brother, Robert Zimmerman added: "He was like many young people who thought that the president's club had been a club of white men since our founding, and that there really wasn't a good reason for that."

Somehow, George Zimmerman — the reputed reincarnation of the late Senator Robert KKK Byrd (D., W.V.) — turns out to be . . . part of Obama's winning coalition.

Liberals can holler all they want about white racism. And where such bigotry actually exists, hollering is justified. But white racism played no part in this case, as confirmed by the prosecution's silence on the matter.

"I think all of us thought race did not play a role," Juror B37 told CNN after the trial. Referring to herself and her fellow jurors, she added: "We never had that discussion."

For their part, conservatives argue this case shows that black kids, especially boys, often run aground when they are reared by single moms. No doubt, when 73 percent of black children are born out of wedlock, trouble almost inevitably follows. This is a perfectly legitimate issue, but it also has nothing to do with this case. TV coverage of this trial showed Martin's mother, Sybrina Fulton, grieving in the court room, right beside Tracy Martin, Trayvon's father. George Zimmerman also has a mother and father. So, the impact of single motherhood is an important issue. But not here.

Liberals repeatedly complain about Florida's Stand Your Ground law, and want such statutes stricken from the 31 state codes in which they exist in one form or another. This is a debatable proposition, as are most topics in the controversial area of Second Amendment rights. So, let's debate it — as long as everyone remembers that neither the prosecution nor the defense in this trial invoked Florida's Stand Your Ground doctrine.

Those who oppose Stand Your Ground laws should reserve a few calories of their outrage for none other than Obama. As NRO's John Fund reported, in 2004, Obama sponsored S.B. 2386 in the Illinois State Senate. It successfully strengthened the Stand Your Ground law in the Land of Lincoln. That detail largely has been overlooked amid the criticism of these statutes, including Obama's own disparaging words about them.

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Since this case's verdict, conservatives have focused on black-on-black crime. They are correct in arguing that young black men are far likelier to die at the hands of other black men, rather than as victims of white men eager to engage in neo-lynching. The Reverend Jesse Jackson's comments are instructive here. As he told a meeting of Operation Push on November 27, 1993:

There is nothing more painful to me at this stage in my life than to walk down the street and hear footsteps and start thinking about robbery, then look around and see somebody white and feel relieved. . . . After all we have been through. Just to think we can't walk down our own streets. How humiliating.

This subject deserves open and candid conversation. However, let's not forget that Martin succumbed to "white Hispanic"-on-black violence, not the black-on-black variety.

One of this trial's jurors appeared on ABC with comments that also were, by her later admission, detached from the facts in this case.

Zimmerman "got away with murder," Juror B29 told ABC's Robin Roberts. (Offering only the first name of Maddy, this juror kept her surname private.) While this comment generated tremendous excitement, the story was less thrilling than the headline.

"You can't put the man in jail even though in our hearts we felt he was guilty," Juror B29 said. The Hispanic woman, part of this six-member, all-female jury, added: "But we had to grab our hearts and put it aside and look at the evidence." (Emphasis added.)

So, she might have thought that Zimmerman was a murderer, but the facts did not take her there. Thus, she voted to acquit the defendant. She said: "I stand by the decision because of the law."

In the end, B29 and the five other jurors did the right thing as they deliberated for 16 hours over two days: They acquitted Zimmerman of second-degree murder.

The defense raised reasonable doubts that disconnected the dots in the prosecution's case. Based solely on what I saw of the televised testimony, these questions, at the very least, should have troubled the jury:

First, Jonathan Good, Zimmerman's neighbor and a prosecution eyewitness, testified that he saw Martin straddling Zimmerman's chest in "mixed-martial-arts position" as the two struggled on a cement walkway. Good said he saw "arm movements going downward."

"The person you now know to be Trayvon Martin was on top, correct?" Zimmerman's attorney, Mark O'Mara, asked Good. "He was the one raining blows down on George Zimmerman, correct?"

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Good replied: "That's what it looked like."

Mind you, Good was a witness for the prosecution. His sworn testimony — as much as anyone else's — scuttled the state's case.

Second, Zimmerman's broken nose and the cuts on the back of his head appeared to bolster his claim that Martin assaulted him.

Third, Sanford Police officer Timothy Smith, the first cop on the scene, testified that "the back of [Zimmerman's jacket] was wetter than the front of it, and it was also covered in grass," and said the same was true of Zimmerman's blue jeans. Officer Smith's statements reinforced Zimmerman's claim that he was on his back, as Martin sat astride his torso, pinning him down and beating him.

Fourth, Sanford police asked Martin's father to identify the voice of someone on a 911 recording, screaming for help, just before Zimmerman fired his gun. Tracy Martin testified that he first replied: "I can't tell." He eventually concluded that the voice was Trayvon's, but only after police played Tracy the recording at least 20 times. Martin's father's initial reasonable doubts about that voice likely amplified the jury's reasonable doubts about this pivotal aspect of the prosecution's case.

No one knows precisely what happened that night in Sanford. However, it was the prosecution's job to prove Zimmerman's guilt beyond a reasonable doubt. For better or worse, the state of Florida's case didn't clear that hurdle; it crashed into it. Zimmerman and his attorneys had to prove nothing in Room 5-D of the Seminole County Court House, since their client was presumed innocent — just like every other criminal defendant in America's 237-year history.

Once these and other reasonable doubts short-circuited the prosecution's efforts to prove Zimmerman's guilt, he correctly was acquitted. Whether Al Sharpton, Eric Holder, and Obama like it or not, that's how America's justice system works.

If, instead, Americans want to base justice on emotion, feelings, suspicions, racial grievances, and concerns about parenting and family structure, great. Let's establish such a structure by amending the U.S. Constitution, revising state and local  statutes, and overturning 947 years of English common law. Until then, defendants remain innocent until proven guilty — and Florida did not prove Zimmerman guilty.

This is a nasty, dreadful tragedy. A 17-year-old boy  is now beneath a tombstone. His parents, relatives, friends, and other loved ones likely will spend his birthdays not handing him gifts but, instead, placing roses on his grave.

George Zimmerman has avoided jail and, according to the jury, rightly so. Still, he appears to be in hiding and likely will remain so while so many are bent on vengeance rather than justice. His parents have received death threats. This says far less about them than it does about the rank indecency of some who reject the jury's verdict.

Now, poor Trayvon Benjamin Martin is six feet under. Rather than serve as a prop for debates both Left and Right, he should be allowed to rest in peace.

Like it or not, Lady Justice has spoken.

— Deroy Murdock is a Manhattan-based Fox News contributor, a nationally syndicated columnist with the Scripps Howard News Service, and a media fellow with the Hoover Institution on War, Revolution, and Peace at Stanford University.

Toyin Falola
Department of History
The University of Texas at Austin
104 Inner Campus Drive
Austin, TX 78712-0220
USA
512 475 7224
512 475 7222 (fax)

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