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Deconstructing the Trayvon Martin Narrative: Nothing Left to Argue?

Every claim by Martin's supporters can now be dismissed with available evidence and testimony.

by
Bob Owens

Bio

July 9, 2013 - 12:00 am

The prosecution rested in State of Florida versus George Zimmerman on Friday, July 5. Supporters of the prosecution’s case believe neighborhood watch volunteer George Zimmerman to be a “wannabe” cop who racially profiled Trayvon Martin, stalked him during a cold and rainy February night, started a fight with him, and then murdered him. Yet detractors of the state’s case have much evidence with which to deconstruct those claims following two weeks of the trial.

Claim 1: George Zimmerman profiled Trayvon Martin

Both the prosecution and supporters of their case suggest that George Zimmerman racially profiled Trayvon Martin — that Zimmerman singled out Martin because of his race. There is potentially some merit to this theory, as many of the calls made by George Zimmerman to the Sanford Police Department did indeed end up involving young black males that matched Trayvon Martin’s general description, as noted by one of Zimmerman’s neighbors:

“Let’s talk about the elephant in the room. I’m black, OK?” the woman said, declining to be identified because she anticipated backlash due to her race. She leaned in to look a reporter directly in the eyes. “There were black boys robbing houses in this neighborhood,” she said. “That’s why George was suspicious of Trayvon Martin.”

However, the phone call George Zimmerman placed to the Sanford Police Department’s non-emergency number (NEN) suggests that Zimmerman did not know the race of the person he was calling about as the call was made, and indeed suggests that he was merely calling about suspicious behavior:

We’ve had some break-ins in my neighborhood and there’s a real suspicious guy. It’s Retreat View Circle. The best address I can give you is 111 Retreat View Circle.

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.

This is called behavioral profiling, offender profiling, criminal personality profiling, or other similar terms. This tactic is used extensively by law enforcement to make an educated guess about an individual based upon their behavior.

Only when prompted by the dispatcher did Zimmerman claim of Martin:

He looks black.

Zimmerman later stated that he was only able to confirm Trayvon Martin’s race when Martin approached Zimmerman’s vehicle with his hand in his waistband.

The available evidence suggests that behavioral profiling, not racial profiling, led to Zimmerman calling police.

Claim 2: Language used in the non-emergency number (NEN) call suggests malice aforethought

The prosecution began their opening statement with prosecutor John Guy angrily repeating one phrase from Zimmerman’s NEN call:

F***ing punks, these ass****s always get away.

Brought up later in the trial, the prosecution inflected anger in the statement on multiple occasions. The state claims that the statement showed George Zimmerman was angry and bore “ill will” or “malice aforethought” towards Trayvon Martin. Indeed, the requirement for a second degree murder charge hinges on whether George Zimmerman had this mindset.

Listening to Zimmerman make that statement in the context of his call, in his own voice, reveals that Zimmerman’s inflection suggests a man frustrated by the string of burglaries in his neighborhood. At no point during the duration of the NEN call does Zimmerman’s voice rise to the level of what most would consider anger. The prosecution makes a subjective argument here in asserting this proves “ill will”or “malice aforethought.”

As this is the contention on which a second degree murder conviction hangs, the state has little to no case.

Claim 3: George Zimmerman got out of his truck and followed Trayvon Martin, even though the police told him not to do so

This is a contention made both by the prosecution and the court of public opinion, but this contention is not based on fact or evidence.

George Zimmerman called the police NEN and spoke with dispatcher Sean Noffke. Noffke stated that he did not tell Zimmerman not to follow Martin, as they are trained to not make comments that sound like commands. His exact words:

We don’t need you to do that.

Noffke further stated during his testimony that by asking Zimmerman which way Martin was going, Zimmerman could have reasonably interpreted this as being asked to follow Martin.

Claim 4: George Zimmerman stalked Trayvon Martin with a gun

The word “stalked” is a loaded phrase — and it is also the description of a specific crime, and as such is well-defined.

Nothing George Zimmerman did that night comes close to meeting the legal definition of stalking according to Florida law. Following someone in public at a distance is not a crime.

As for Zimmerman being armed: he regularly carried his Kel-Tec PF9 in an inside-the-waistband (IWB) holster at all times except when he was at work.

There is no evidence suggesting that his gun was anywhere but in his holster up until the moment he drew it and fired one shot.

Claim 5: George Zimmerman’s gun had a round chambered, the gun was cocked, and the safety was off

The prosecution and certain disreputable television personalities assert that the fact Zimmerman carried with a round in the chamber of his firearm suggests that he had ill intentions.

However, all police officers carry with a round in the chamber, as do a super-majority of concealed carry permit holders. Carrying a pistol with a round in the chamber is standardized practice.

As for the absurd suggestion that he carried his Kel-Tec PF-9 cocked and with the safety off — it is physically impossible to carry a PF-9 in such a manner.

The PF-9 is a double-action-only (DAO) design, and the gun only cocks during the pulling of the trigger. Because of the DAO nature of the pistol, it has no external safeties (common in many modern pistols, including those models most often carried by police officers such as Glocks and Smith & Wesson M&P-series pistols).

Of course, there is no means for a non-existent external safety to be “off.”

Claim 6: There was no blood on Trayvon Martin’s hands, suggesting that he did not hit Zimmerman

If you watch George Zimmerman’s recreation of the incident for the Sanford Police Department, especially around the 11:22 mark when he describes Trayvon Martin’s attack on him on the ground, you’ll note that George Zimmerman does not claim that Trayvon Martin was punching him in the face beyond the initial punch. Zimmerman claims that Martin was smashing his head against the concrete, saying: “He grabbed me by my head and tried to slam my head down.”

The interview at the Sanford Police Department the same day only changes the details slightly at the 31:00 minute mark, with Zimmerman saying Trayvon punched him before he tried to sit up, and then Trayvon grabbed his head and began smashing it on the concrete.

While Zimmerman had numerous injuries to the sides, top, and back of his head, a clinically broken nose as testified to by Zimmerman’s primary care provider, two black eyes, and a cut to his chin, Trayvon Martin had just one injury other than the fatal gunshot wound — an abrasion to the outside of his left hand on the knuckle of his pinkie finger.

Such a lack of knuckle injuries would be odd if Trayvon had been throwing regular punches, but is entirely consistent with the use of “hammer fists,” a kind of blow often thrown from the “MMA-style” position that eyewitness John Good noted from just 17 feet away. A hammer fist thrown from a top mount position is similar to the motion of pounding your fist on a table. It can be a very hard strike, but the strike contact point is muscular, instead of skeletal, and so the only place where you would expect an abrasion is where the “meat” of the side of the hand gives way to bone — either at the wrist, or more likely on the outside of the hand where Trayvon sustained his singular injury.

Claim 7: George Zimmerman’s wounds were minor, suggesting that he had no reason to respond with deadly force

Lead defense attorney Mark O’Mara cross-examined George Zimmerman’s primary care provider, physician’s assistant Lindzee Folgate, for more than 20 minutes. She detailed the various injuries Zimmerman sustained during his conflict with Trayvon Martin. However, even with the evidence and testimony regarding his injuries, the fact remains that no one is required to sustain any injury of any kind to reasonably infer that they might be under a deadly force attack.

If George Zimmerman ascertained that Trayvon Martin was smashing his head on a concrete sidewalk, that is assault with a deadly weapon (the wording is different in Florida law; the principle remains the same) and meets the reasonable person standard for lethal force self-defense.

Claim 8: George Zimmerman’s statements to police after the shooting were inconsistent

Sanford police officer Christopher Serino conducted the bulk of the interviews of George Zimmerman and was present for the walk-through. He testified on the stand that the minor inconsistencies in Zimmerman’s testimony did not give him cause for concern, and that they were consistent considering the trauma of the event. Serino said during his cross examination that he thought George Zimmerman was telling the truth.

Claim 9: George Zimmerman’s educational history suggests that he was cognizant of the law and wanted to be an officer (“wannabe” cop/vigilante)

Zimmerman indicated to various people at various times an interest in becoming either a law enforcement officer or even a prosecutor. The prosecution’s assertion that such an interest is grounds for a second degree murder charge is both extremely flimsy and circumstantial.

It is impossible to reasonably argue that the state presented a case that should result in a murder 2 or manslaughter conviction. However, and of course, a conviction is still possible.

Bob Owens blogs at Bob-Owens.com.

Comments are closed.

Top Rated Comments   
During interrogation a detective is allowed to tell a lie to see the suspect's reaction. For example, with two suspects interrogated separately they might say, "Your friend ratted you out and said you pulled the trigger." If they didn't do the crime, the suspect would be mystified and say, "That's nonsense! Why would he say something like that?" If they're guilty, the suspect might say, "The hell I did! _He's_ the one who pulled the trigger!" (Ah, so you admit that one of you two killed him. Now we're getting somewhere.)

In Zimmerman's interrogation, the detective lied and told him that it was all captured on security cameras. Rather than panicking and attempting to change his story, Zimmerman breathed a sigh of relief. From that, the detective could conclude that he was being truthful. (That, and the fact that, on the night of the shooting, Zimmerman volunteered to take a "lie detector test" -- and passed it.)

I believe a great many people who accept the possibility Zimmerman is telling the truth nevertheless want him convicted of murder either because they don't believe in legal armed self-defense by private citizens and think the worst of anyone who would choose to carry a gun, or because they want to teach a lesson to those who treat black strangers with suspicion (instead of leaving themselves open to being robbed).
1 year ago
1 year ago Link To Comment
"However, even with the evidence and testimony regarding his injuries, the fact remains that no one is required to sustain any injury of any kind to reasonably infer that they might be under a deadly force attack."

More critically, even with that, the testimony is simply false.
Now I do not know whether it was due to ignorance, stupidity, or overt malice, but that does not change that it was false.

Speaking from direct experience of overtly accidental, indirectly accidental, and direct, ranging from loss of consciousness to facial bleeding making it impossible to continue fighting to eventual concussion, I can say absolutely that the line between "minor" "cosmetic" injuries and life-threatening injuries is so variable and so thin as to be impossible to judge at the moment, particularly if your brain is getting addled by the very injuries themselves.

So sure, AFTERWARDS, some doctor can say they were not particularly serious because the person doesn't have a full blown concussion, or light concussion symptoms, or a fractured skull.
But right when it happened? Those immediate effects? Impossible.

I would even note that as far as that goes, I would heavily question Zimmerman's ability to make a rational, reasonable, decision at the moment he pulled the trigger. With those kind of injuries he could easily have been so out of it he barely knew what he was doing, and is just rationalizing it after the fact.

Ultimately the only truly relevant question regarding the severity of the injuries is the one the defense attorney asked - "What about the next one?"
1 year ago
1 year ago Link To Comment
Of course, the "Justice for Trayvon" crowd has never argued in good faith and they're not about to start now.
1 year ago
1 year ago Link To Comment
All Comments   (53)
All Comments   (53)
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I do wonder what happened to the crime rate after Martin achieved room temperature.....

I actually had a a lot more sympathy for Martin, even going so far as to think he was just too full of teenage testosterone for his own good. After finding out more about his background, habitual fighting, habitual drug use, evidence of drugs in his system at the time of his death, illegal gun theft and fencing activities, etc., I really don't have any sympathy at all left for this 17 year old.

Zimmerman shooting him may have saved an innocent person's life down the road had Martin continued in his ways and eventually raped or killed someone.
1 year ago
1 year ago Link To Comment
For all the spin from Zimmermans supporters, The on thing they will not acknowledge, Is Martian was legally in the community and legally where He had a right to be on the night.

Now what was Zimmermans legal rational to follow Martian, Exit His vehicle, and advance into a zone of danger He himself was reporting, absent any threat to life and limb?

As to "In Zimmerman's interrogation, the detective lied and told him that it was all captured on security cameras." Zimmerman being a neighborhood watch member would know that there were no security to have captured anything.
1 year ago
1 year ago Link To Comment
Incorrect on multiple counts.

1. Sticking to the facts of the case is not "spin".

2. Zimmerman broke no law in following Martin.

3. Yes, Martin had the legal right to be in the neighborhood - but then again so did Zimmerman.

4. Zimmerman was on neighborhood watch - which by nature means he was on the lookout for suspicious activity. Martins' behavior - NOT HIS SKIN COLOR - is what Zimmerman was noticing, and that behavior was suspicious.

5. The dispatcher noted themselves in their testimony that when they asked Zimmerman where Martin was, that this could have been construed by Zimmerman as asking him to look further for Martin. Only afterwards did they tell him the didn't need him to "do that". It is reasonable to believe that Zimmerman thought he was following the dispatcher's directions.

6. As to Zimmerman having intimate knowledge of where any security cameras were located by virtue of being in the neighborhood watch - not true. He would have likely known about any public security cameras, but he would not likely have known about any privately installed security cameras.
1 year ago
1 year ago Link To Comment
"F***ing punks, these ass****s always get away."

I will be more careful in the future when using the term "a**hole" to avoid any implied racism.
1 year ago
1 year ago Link To Comment
GZ wanting to be a cop... to me it sounds like nothing sinister. But I can see where it takes on a completely different meaning in a 'community' often at odds with and suspicious of the police. In this twisted culture, calling someone a 'wannabe cop' is a mortal insult... and they'd be baffled how anyone could think otherwise.

Two Americas are seen here. Barack Obama's erstwhile pledge to bring them together is the most epic FAIL of the 21st Century so far.
1 year ago
1 year ago Link To Comment
It's not an "epic fail" because Obama never even tried to bring the two sides together. In fact, he exploited the divisions for personal gain.
1 year ago
1 year ago Link To Comment
Not guilty. This should never have been brought to trial.
1 year ago
1 year ago Link To Comment
The prosecutor was demonstrating her ability and willingness to follow the Party line by any means. She is angling for a federal job with the DoJ. This is merely a job interview for DoJ legal hitman. She'll get hired. You just watch. Quitel, she'll resign to look for other opportunities, and be quietly hired by the Holder DoJ.
1 year ago
1 year ago Link To Comment
Florida will burn if Zimmerman is acquitted. Gated communities will become bunkered communities and I'll wait before making any travel plans near Florida. I'm sure the verdict and/or sentencing will be postponed until after the Christmas tourism holiday. Crackers beware.
1 year ago
1 year ago Link To Comment
It will not be only Florida.
1 year ago
1 year ago Link To Comment
Florida has more concealed permit holders than any other state. It would be a major mistake for a very small part of the population to think they can get away with that type of behavior down here. We are not Chicago.
1 year ago
1 year ago Link To Comment
You are also a Stand Your Ground state, and have adopted the "Castle Doctrine".
It will be ugly, especially for Mr. Zimmerman, his parents, friends, neighbors, 1st grade class......Not to mention the folks on the jury.
1 year ago
1 year ago Link To Comment
Given the prevalence of concealed carry in that state along with the Castle Doctrine, I'd actually say it would be uglier for anyone attacking "Mr. Zimmerman, his parents, friends, neighbors, 1st grade class......Not to mention the folks on the jury."
1 year ago
1 year ago Link To Comment
Look at this from the position of Trayvon Martin. I can walk around in this neighborhood in the rain if I want to. True.
What right does this Cracker have that lets him follow me? Does Trayvon know that Zimmerman was a Community Watch and Concealed Carry? If Trayvon did know that Zimmerman was a Community Watch and CC would he still, as he told his female friend on the phone, 'gone after this Cracker?
I think not, no one out walking in the rain is so foolish as to knock an armed man to the ground and then continue the assault. Had Zimmerman not been CC there is a good chance these positions of Martin and Zimmerman would be reversed..... This is the case of very bad and foolish behavior on the part of Martin, and he paid a terrible price for his hubris.
Is Zimmerman guilty of anything, I think not...... He was watching a person who was in a private area for a reason...... and had Trayvon left the area, that would have been the end of the issue. Trayvon decided to teach the Cracker a lesson and the game went awry...
Maybe very much like Stevens, Benghazi and Obama......
1 year ago
1 year ago Link To Comment
"What right does this Cracker have that lets him follow me? Does Trayvon know that "

Every right in the world. The Retreats at Twin Lakes is a PRIVATE gated community, and therefore the grounds therein are PRIVATE property.
Trayvon was, at best, a guest of someone living in the community,(and if Trayvon's father's girlfriend was a renter, he may have been an unautorized guest...most private HOA's have bylaws about who may and may not have "long-term" guests...I know that mine does.

"If Trayvon did know that Zimmerman was a Community Watch and CC would he still, as he told his female friend on the phone, 'gone after this Cracker?"

Probably not. But that's the beauty of the CCW...the bad guys don't know who is packing heat.

But Trayvon was not really a thug, he was on his way there, but hadn't yet done anything serious,(that we know of).
What he WAS was a dumb teenaged kid, displaced out of his habitual environment and acting on a set of assumptions that were absolutely incorrect for Sanford, (and were likely also incorrect for wherever he came from).

But being a teenaged sh1thead...and a racist into the bargain...he figured he was on safe ground to throw a beat-down on Zimmerman.

He chose unwisely.
1 year ago
1 year ago Link To Comment
The whole cognizant of the law thing.

If he knows the law supposedly he's wannabee cop.

If he doesn't then he is an irresponsible cowboy.
1 year ago
1 year ago Link To Comment
During interrogation a detective is allowed to tell a lie to see the suspect's reaction. For example, with two suspects interrogated separately they might say, "Your friend ratted you out and said you pulled the trigger." If they didn't do the crime, the suspect would be mystified and say, "That's nonsense! Why would he say something like that?" If they're guilty, the suspect might say, "The hell I did! _He's_ the one who pulled the trigger!" (Ah, so you admit that one of you two killed him. Now we're getting somewhere.)

In Zimmerman's interrogation, the detective lied and told him that it was all captured on security cameras. Rather than panicking and attempting to change his story, Zimmerman breathed a sigh of relief. From that, the detective could conclude that he was being truthful. (That, and the fact that, on the night of the shooting, Zimmerman volunteered to take a "lie detector test" -- and passed it.)

I believe a great many people who accept the possibility Zimmerman is telling the truth nevertheless want him convicted of murder either because they don't believe in legal armed self-defense by private citizens and think the worst of anyone who would choose to carry a gun, or because they want to teach a lesson to those who treat black strangers with suspicion (instead of leaving themselves open to being robbed).
1 year ago
1 year ago Link To Comment
Sadly, we continue to live in cesspool of manipulated, racial baloney designed to distract from the cesspool of political baloney. Is there any doubt that some politicians & members of the media engage in all sort of kinda-sorta, racism in an effort to promote SELF?
1 year ago
1 year ago Link To Comment
If the Zimmerman jury finds Z not guilty, nothing will stop 0bama's "Justice" department from trying Z in federal court. I expect Holder's accomplices are already at work on the indictment.
1 year ago
1 year ago Link To Comment
They will suffer the same problems as Florida. Worse actually. The only thing they could try him for would be a so-called hate or racial crime. Witnesses have already shown that not be the case.

Every bit of testimony used in this trial will be admissible in a federal trial. If a judge tries to deny it, the defense will probably request a mistrial.
1 year ago
1 year ago Link To Comment
Regrettable, but much truth!
1 year ago
1 year ago Link To Comment
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