George Zimmerman Trial Watch

Not Guilty - Really?

noreply@blogger.com (Unknown) — Mon, 15 Jul 2013 19:42:00 +0000

Attorney Mark O'Mara appeared surprised at the uproar over the defense verdict in the George Zimmerman trial because legally it was the correct verdict. The outcry that George Zimmerman got away with murder was not substantiated by the facts. Under Florida law, George Zimmerman is immune from criminal and civil suits. The matter is over.

The federal government, however, could look for violations of Trayvon Martin's civil rights. They started to do so and then stepped back when the case proceeded in state court. Pressure by the NAACP may reopen that investigation. A NAACP petition calling for federal prosecution of George Zimmerman was signed by over 225,000 people in just a few hours, crashing their site.

Race relations is a sore in our psyche, but this case was determined to be about something else. Despite media insistence to the contrary, this case was too specific to Florida stand your ground laws to judge it through the lens of race.

The fact that the case has opened up a dialogue about race is key. Discussions need to be broadened to include all the prevailing problems that young black men have in our society and not be mired in a case where the facts don't fit. That would be the best legacy for Trayvon Martin. It's a starting point. Really.

Self Defense, Manslaughter, Child Abuse?

noreply@blogger.com (Unknown) — Fri, 12 Jul 2013 05:47:00 +0000

Despite defense attorney Don West's best efforts, the jury will consider a charge of manslaughter in addition to second degree murder. The judge ruled that the evidence did not support 3rd degree murder.

Third degree murder is derived from the fact that Trayvon Martin was only 17 years old and therefore George Zimmerman committed child abuse when he murdered him. Prosecutor Bernie de la Rionda did his best to make Martin appear childlike when he showed the jury a package of Skittles and the fruity ice tea that Martin purchased. It was not good enough for Judge Debra Nelson.

The defense is upset by the lesser charges although it is not unusual for them to be part of the instructions to the jury. The problem is that the jury may consider manslaughter a compromise when actually the sentence for manslaughter is longer than if Zimmerman was convicted of second degree murder. The maximum sentence for second degree murder is life and the minimum is 25 years because a firearm was used. George Zimmerman would serve 30 years for manslaughter because he used a gun. Manslaughter without a firearm would be 15 years.

Attorney Mark O'Mara must make the jury understand that self defense is applicable to both charges. His closing remarks need to address the fact that the killing was not intentional and not the result of ill-will, hatred, or negligence.

Why George Zimmerman Will Not Testify

noreply@blogger.com (Unknown) — Thu, 11 Jul 2013 02:09:00 +0000

Expectations from the jury for George Zimmerman to take the stand were not met today, July10, when George Zimmerman told the judge that on the advice of counsel he decided not testify in his own defense. This statement was proceeded by contentious repetition of the question of whether he would testify or not from Judge Debra Nelson and objections by Don West.

Mark O'Mara told Anderson Cooper that there was no reason for George Zimmerman to testify because the prosecution did not prove their case. He believes the evidence for self defense is overwhelming and objects to allowing the jury to consider lesser charges such as manslaughter and aggravated assault. The defense is relying on an all or nothing strategy because of mandatory charging minimums. These "lesser offenses" could result in the same penalty as the second degree murder charge. The judge will need to decide on jury instructions.

The prosecution reversed their tactics today and conceded that Trayvon Martin could have been on top of George Zimmerman during the fight. John Guy co opted the defense use of force expert Dennis Root using a dummy to suggest that Trayvon Martin was pulling away when the shot was fired. Then, Mark O'Mara, straddling the same dummy, challenged the prosecution and had Root testify that it was not possible to say what position Martin was in when he was shot.

Certainly the man under the attacker is not the aggressor and is most likely the person heard on the tape calling for help.The initial aggressor, if that is what George Zimmerman was when he first confronted or followed Trayvon Martin, can regain his "innocence" when he is in fear for his life and claim self defense. Witness Root said Zimmerman in his position on the ground had no other choice but to shoot Trayvon Martin. The problem is that we don't really know what happened in the initial confrontation and the 2 minutes which are not unaccounted for in testimony. We do know that Trayvon Martin's only injury was the gunshot wound so he would not have a self defense claim.

If this is what the prosecution has to offer the final day of trial, that they were wrong about their theory, then reasonable doubt rules and the jury must acquit George Zimmerman.

Putting the law aside, it's sad that in our culture men are ready to fight each other because of bias and fear and feel that they need to carry concealed weapons to protect themselves.

George Zimmerman Trial - Whose Scream Is It?

noreply@blogger.com (Unknown) — Mon, 08 Jul 2013 03:40:00 +0000

When Edvard Munch created his Scream series(1893-1910) the inspiration was an "infinite scream he felt passing through nature."

And maybe that is what a scream really is, something passing through nature. The face has been described as depersonalized, distorted and painful. It speaks to us. The 1895 version painted in pastels on board sold at Sotheby's for a record $120 million at auction May, 2012, to Leon Black who made the purchase by telephone.

Today while shopping at Loehmann's, I heard blood curdling screams. My first thought was that it sounded like the tape of the screams played during the George Zimmerman trial and identified by each mother as her son. It turned out that the shrill cry was coming from a woman who had been caught shop lifting.

Defense forensic audio expert, Dr. Peter French explained the technology of voice science and stated that the poor quality of the recording meant there was no useful information for identifying the screamer. His main point was that you cannot compare screaming with normal voices. Another defense expert, George Doddington an electrical engineer and advisor at the NSA said evaluating one second of speech to reach a conclusion is "ridiculous." Judge Debra Nelson disallowed testimony from two state audio experts who say the voice heard screaming for help on a 911 call was someone other than Zimmerman.

Despite this testimony, that the recording was too short for the voice to be identified, the prosecution and defense presented each mother and Trayvon Martin's brother to claim the ear piercing shrieker as their own. Had either mother ever heard her son scream like the person on the recording? Probably not. Mothers do not teach their children how to scream. Listener bias was determinative.

I still think the screaming sounded like the woman at Loehmann's.

Should George Zimmerman Testify in His Own Defense?

noreply@blogger.com (Unknown) — Sat, 06 Jul 2013 01:54:00 +0000

Now that the prosecution case is winding down, talking heads have been discussing whether or not George Zimmerman should take the stand.

Robert Shapiro, who successfully defended OJ Simpson, said 7/3/13 on Piers Morgan Live, that there might be something to be gained, but it would be a "tremendous risk."

Criminal defense lawyer, Mark O'Mara will advise George Zimmerman but the decision is ultimately his to make. Certainly we have already heard from Mr. Zimmerman in the 911 calls, the videotapes and the television interview with Sean O.Hannity. He has talked too much already, but do we know him?

So far, Mr. Zimmerman's side of the story has been consistent enough. With his life on the line, the stress of testifying may make him appear nervous and thereby untruthful. His demeanor in the courtroom has been fairly flat and he lacks remorse which does not help him. His line in the interview with Mr. Hannity "it's not my gun, it's not his gun, it's the gun" seemed too practiced. His statement that what happened was "God's plan" was insulting to the family of Trayvon Martin.

Zimmerman should take a cue from Jodi Arias who tried to be the star in her courtroom drama, talked for 18 days, and was reviled and convicted. As a self defense murder defendant, he should think hard about incriminating himself with testimony elicited by the prosecutor.

Subjecting himself to cross examination by Bernie de la Rionda could mean a life sentence for George Zimmerman. Since he can't pull a gun in the courtroom, maybe Zimmerman will have enough "imminent fear" to just walk away from this confrontation.

George Zimmerman Trial - Is this a Self Defense Case or Murder?

noreply@blogger.com (Unknown) — Fri, 05 Jul 2013 02:35:00 +0000

Does fear for your life require demonstration of bodily harm or not? The use of justifiable force is the center of the George Zimmerman trial and the defendant's injuries were minor.

Patrolman Chris Serino was dismissive of George Zimmerman's injuries. The state's pathologist, Dr. Valerie Rao, indicated that the injuries suffered by George Zimmerman could have all been inflicted by one blow. When pressed by Attorney O'Mara she extended that number to possibly three blows. Then she said what looked like swelling could actually be the shape of George Zimmerman's head.

According to Florida law, words do not make you an aggressor. So when Trayvon Martin supposedly said "Do you have a problem...you have one now" and "You're going to die tonight," George Zimmerman did not have the right to use deadly force.

Mr. Zimmerman may have been in fear of his life when the physical fight began, but his injuries prove he was definitely not "resisting an attempt of murder." He was however resisting a "felony upon his person," also part of the statute, so he was entitled to use murder as self defense.

On the other hand, George Zimmerman's participation in his neighborhood watch made him more vigilante than fearful. He followed Trayvon Martin which is not an action that someone who is fearful would take. Rachel Jeantel testified that Zimmerman confronted Trayvon, "What are you doing around here?"

Trayvon Martin was apparently not fearful either. He told Rachel Jeantel that a "creepy ass cracker" was following him, and there is evidence he doubled back to confront Zimmerman and that that is when the altercation took place.

If so, can it really be determined who was the first aggressor? Obviously Mr. Zimmerman was the ultimate aggressor because he had a gun. Rachel Jeantel heard Trayvon say "get off, get off," but with her phone cutting out, we don't know what preceded these words except what George Zimmerman tells us. George Zimmerman's best friend, Mr. Osterman, said that Trayvon Martin saw and reached for the gun. But this is not what George Zimmerman told the detectives so was his use of a gun excessive force in the circumstance?

We have two people, who are unafraid of confrontation, that get into a fight. Under Florida law, an aggressor has a duty to retreat, but self defense is a statutory right. And in Florida, if Zimmerman was not the initial aggressor he is not guilty.

Figuring out what really happened is the job of the jury. As the trial progresses, hopefully they will be able to put the pieces of the puzzle together. Does self defense criminal law apply or was this murder?

The George Zimmerman Trial: Children Run Amok

noreply@blogger.com (Unknown) — Tue, 02 Jul 2013 07:03:00 +0000

Honestly, I haven't been on a playground in many years, but I remember kids fighting and threatening to kill one another, or at the very least, threatening to "tell on" each other for no important reasons.

I don't mean to reduce the George Zimmerman case to child's play, but the supposed provocations by Trayvon Martin "Do you have a problem...you have one now" and "You're going to die tonight" sound like childhood taunts on steriods. When an adult says they want to kill you, you have to believe them.

George Zimmerman was in fear for his life more because of Trayvon Martin's words than the actual fight, mixed martial art style or not. His physical injuries were not life threatening, indeed lead Detective Chris Serino was dismissive about them. The rain of 25 - 30 blows, the suffocation, the pounding of his head onto the cement left him alive.

John Good, the playground monitor, heard Zimmerman call for help, and the fight escalate. He told the boys to "cut it out" and that he was going to call 911. Good went inside his home to use his phone and that is when according to Zimmerman, Martin saw Zimmerman's gun and went for it.

Zimmerman fired first. Sadly Zimmerman didn't even realize that Trayvon Martin died on the scene. He was told by police investigator Doris Singleton later at the police station. So much for his abilities as a neighborhood "pretend" policeman.

If only both boys could had behaved like adults Trayvon would be alive and George would not be facing life imprisonment. I hope this sad event becomes a cautionary tale to the loose lipped out there. Man up boys!

George Zimmerman Trial: John Good vs Rachel Jeantel

noreply@blogger.com (Unknown) — Sun, 30 Jun 2013 17:38:00 +0000

Whether this trial is about race or not, it certainly rests on the testimony of two prosecution witnesses John Good and Rachel Jeantel. The differences between them, their cultural styles and language, will significantly impact the outcome of the trial.

The fact that John Good is white and Rachel Jeantel black is not the issue except if the all white jury carefully selected during voir dire to be free from the influence of pre-trial publicity and public debate, are shown to be racists.

Rachel Jeantel was hostile and difficult to understand. John Good was clear in his presentation and illustrated his testimony with a three part graphic showing different views of where he saw the two fighting figures and the body of Trayvon Martin.

And these two witnesses said very different things. Rachel Jeantel said Trayvon Martin was saying "get off, get off' and John Good said Trayvon Martin was the aggressor using a "pound and ground" MMA style technique against George Zimmerman.

Several "eye witnesses" to the fatal fight include Selene Bahadoor, Mary Cutcher, and Selma Mora. They heard the struggle and shooting and testified that George Zimmerman was the aggressor. Another neighbor, Jonathan Manalo, documented Zimmerman's head injuries with his cell phone camera.

What witnesses the jury will believe will be based on how reliable, credible, well spoken and consistent they are in their testimony. However, research has concluded that eye witness testimony is not reliable because it is shaped by our "stereotypes, beliefs, and expectations." So the outcome of the trial is anything but clear and the background and beliefs of the jury are key.

The prosecution has the burden to "disprove self defense" beyond a reasonable doubt. With conflicting testimony about what people saw in the dark and from a distance, I think the testimony that will get the most weight will be that of John Good.

White Women Jurors + 1 Hispanic to Decide George Zimmerman's Fate

noreply@blogger.com (Unknown) — Fri, 21 Jun 2013 06:23:00 +0000

I find it hard to believe that the jurors selected to hear the George Zimmerman trial are all women, only one of which is of another race, possibly Hispanic.

Since jurors are not supposed to be preemptively struck for reasons of race, or gender how could this have happened? WFTV legal analyst Bill Sheaffer states he has had only one all female jury in 35 years of trying cases.

The fact that the jury is all white is less significant because, according to Orlando defense lawyer, Diana Tennis, the population in Seminole County is just 11 percent black. She hinted that depending on the verdict, the fact that there were no blacks on they jury might become a point of contention. Blacks comprise 16.5% of the population in the state of Florida.

Benjamin Crump, the prosecuting attorney made a statement:

“With the makeup of this jury, the question of whether every American can get equal justice regardless of who serves on their jury panel will be answered. Equal justice under the law is not a black value or a white value.”

Mark 0'Mara believes they have 6 jurors that can be "fair and impartial."

It will be interesting to find out if this homogeneity will lead to a speedy verdict.

George Zimmerman Jury Selection: It's Time to "Unlike" Jurors

noreply@blogger.com (Unknown) — Fri, 21 Jun 2013 01:19:00 +0000

Jury selection is moving along in the George Zimmerman trial. Forty potential jurors have been selected for general voir dire questioning. That means that pre trial publicity did not bias these people to the extent that they were excused for what they knew about the case. Now the attorneys will ask them questions about their personal experiences and beliefs to encourage open ended responses to see if they want them as jurors.

HLN is calling out their comments as if jury selection were a game show. Like them or strike them? BUZZ. In a felony jury trial each side gets 10 strikes for whatever reason as long as it is not for bias against race, gender or sex. These peremptory strikes may stem from a juror having a bad hair day. No reason is necessary to "unlike" a potential juror.

Strikes for cause are not limited, but are more difficult because a specific reason must be stated and granted by the judge. Usually one side or the other wants a juror excused because they feel that this person will not support their side. If a strike for cause is denied, a remaining peremptory challenge can be used to eliminate the juror.

Both sides want jurors who have a depth of experience and who can be rational, reasonable, open-minded and independent. The prosecution needs to show malicious intent to get a second degree murder conviction so they want jurors that can play the race card.

Social Justice vs. Sex: Why writing about Jodi Arias is still golden.

noreply@blogger.com (Unknown) — Tue, 18 Jun 2013 15:59:00 +0000

It's a sad commentary when our imagined lives get ahead of reality. But I think that is why social justice will not get the same media ratings as sex and the George Zimmerman trial will be less discussed than the Jodi Arias trial.

If you lived through the salacious sex in the Jodi Arias trial, even that became numbing. But everyone can relate to sex. Stories about fatal attraction are the stuff of novels and movies and on some visceral level we understand them.

The much more important, and larger social issue of race that will be part of the George Zimmerman trial, is less compelling. It is relevant to us all, but not on a personal level. Many people have experienced prejudice based on religion, sexuality and even appearance, but those traits are not as obvious, and black and white, as race. Are numbers part of the story? The 2011 US Census Bureau statistics state that only 13.1 % of the population is black and 16.7 % Hispanic. The potential jury so far is approximately 20% black and 1% Hispanic, not a jury of George Zimmerman's peers.

I don't think Nancy Grace and even Ryan Smith, the black HLN Evening Express reporter, are outraged enough, yet. Race is a complex issue especially when tied to a self-defense strategy that may be based on racial stereotyping. That, and it's hard to compete with the Lifetime movie "Jodi Arias: Dirty Little Secret" that airs June 22.

The Jodi Arias name will be front and center for a while yet and distract from the George Zimmerman trial. A status conference is scheduled June 22. Attorneys on both sides have scheduling conflicts with the pending July 18, date. Attorneys for Jodi Arias want to delay retrial on the penalty phase until January, 2014, so they can gather witnesses to "testify on her behalf." The question is will we tire of Jodi Arias before the her new trial starts and give the issues in the George Zimmerman trial our attention?

I think that will happen only if social media makes race sexy. Imagine that!

Article first published as Social Justice vs. Sex: Why Blogging About Jodi Arias is Still Golden on Technorati.

Social Media: Why the George Zimmerman Jury Will Be Sequestered

noreply@blogger.com (Unknown) — Sun, 16 Jun 2013 15:08:00 +0000

Judge Debra Nelson reversed herself and has now decided to sequester the George Zimmerman jury based on information stipulated by both attorneys that the trial would take no longer than 2 - 4 weeks. The process of seating the jury may take longer than the trial.

Sifting out bias and stealth jurors, who pretend not to be biased, has been a laborious process. Today, June 14, 2013, and Day 5 of jury selection, concludes Round 1. Jury selection for Round 2 will begin again Tuesday and will take a minimum of one more week.

So far, lawyers have been questioning jurors solely about pre trial publicity. Potential juror B-51 said "I haven't lived under a rock for the past year." Attorney Mark O'Mara said that for the most part jurors were being honest.

But not all of them. Facebook has been used to debunk suspicious testimony. Juror number E7 told the court he had little knowledge of the case. Lawyers however found a Facebook posting in which someone who looked liked E7 said "I CAN tell you THIS. Justice…IS coming." This person denied the post was his, but then later admitted it. Social media may actually bring about fair trials and prevent people with hidden agendas from sneaking onto juries. Jurors who post on Facebook leave a transparent legacy.

Twenty nine jurors have been selected for Round 2 of questioning and attorneys are seeking a pool of 40 for the traditional voir dire process. These potential jurors, according to what reporters can see, consist
of 20 women and 9 men. There are 19 white, 6 blacks, 2 Hispanic l, 1 mixed race, and 1 Asian-American. Reporters estimate that 9 jurors are in their 20s-30s. I expect to see this number reduced as more Facebook profiles are reviewed.

The good news is that this a non capital case and Florida only requires 6 jurors and 4 alternates. That said George Zimmerman faces life in prison. During sequester, the jurors will not have access to social media and they will be able to concentrate on the issue at hand and not their phones. A fair verdict should be the outcome of the sequester.

Article first published as Social Media: Why the George Zimmerman Jury Will Be Sequestered on Technorati.

Hello Obama? It's Edward Snowden. Can You Hear Me Now?

noreply@blogger.com (Unknown) — Fri, 14 Jun 2013 02:32:00 +0000

Edward Snowden has confirmed what we may have suspected all along, phone companies tape our conversations. Verizon's successful campaign "Can you hear me now" that we thought was directed to us, the consumer, has been directed to the government. According the Guardian, since April, NSA has been indiscriminately "collecting the telephone records of millions of US customers of Verizon."

I wonder what Verizon gets paid to dump our call logs onto government servers, or is that now just a cost of doing business in the United States?

It is unclear whether Verizon is the only mobile carrier being targeted by the National Security Agency. When I called AT&T to change my service yesterday, they asked if I had their permission to record the call. "Are you kidding me?" I said. "I now know that I am being recorded without my permission." But the much maligned representative said I had a choice. She still thinks it's a free country.

The Obama administration is going to collect your records whether or not you are criminal. If you are a criminal in the planning stages and use Verizon, cease and desist until after July 19. The secret FISA court gave the government unlimited authority to spy on you for a limited three month period that ends on that date, maybe.

The Administration is using the "business records" provision of the Patriot Act, 50 USC section 1861 to support the legality of their domestic surveillance activities. For two years, Democratic Senators Ron Wyden and Mark Udall have tried to warn the public about the grand scope of domestic spying and now they have help from a whistle blower.

I think we should thank Edward Snowden for shouting this loud and clear.

Article first published as Your Government Can Hear You Now on Technorati.

Google Adwords: Why I should still blog about Jodi Arias.

noreply@blogger.com (Unknown) — Tue, 11 Jun 2013 22:48:00 +0000

With all the interest in the George Zimmerman trial, I wondered why my well researched articles about the issues were not generating income. I certainly did well with posts about Jodi Arias.

So I consulted Google Keyword Tools. With the Google Adwords Keyword Tool, I compared keywords and phrases for global searches (which are based on 12 month results) and approximate CPC (the average of the keyword's cost-per-click bids across all ad positions.) The results showed that the attorneys are the stars, especially if you put the word attorney after their name, which is something I didn't consider when I wrote a blog post about the attorneys and their tweeting. But is this accurate, or just an estimate?

Keyword
Global Monthly Searches
Approximate CPC (Search)

jodi arias
1,220,000
$0.80

trayvon martin
301,000
$0.46

george zimmerman
246,000
$0.86

benjamin crump
1,900
$3.51

benjamin crump attorney
260
$4.98

mark o'mara
2,900
$2.15

mark o'mara attorney
390
$11.41

jury selection trayvon martin
-
-

jury selection george zimmerman
-
-

jury selection jodi arias
-
-

Before buying adwords, Google advises you to check the traffic estimator. Then the picture changes drastically. For example, with a CPC of $1.00, "Mark O'Mara, attorney," with global monthly searches of 2900, gets no daily traffic. An advertiser paying $1.35 per ad word for "Jodi Arias" gets a daily click. So Jodi Arias still has potential as a cash generator , especially when her trial restarts.

This week and for at least the next 3 weeks, the testimony is going to be about jury selection in George Zimmerman's trial. So far "George Zimmerman Jury" gets 58 global month searches and a CPC of $0.10, while "the Zimmerman Trial" gets 9,900 global monthly searches and a CPC of $.58.

A 12 month lag in statistics for keyword searches measured on a monthly basis and a traffic estimator that calculates daily, are not easy to reconcile when blogging or advertising for current events.. "The fact that the tools provide data with different statistics makes it nearly impossible to provide relatively accurate projections for advertisers."

Article first published as Google Adwords and Traffic Estimators: Why I Should Still Blog About Jodi Arias on Technorati.

Why Are these Attorneys Tweeting about the George Zimmerman Trial?

noreply@blogger.com (Unknown) — Mon, 10 Jun 2013 18:51:00 +0000

The criminal case doesn't start until Monday, June 10, but the attorneys for both sides have been tweeting like crazy about the upcoming George Zimmerman trial.

So far Mark O'Mara has tweeted 235 times and has 3395 followers. The full text of his comments can be found at his website George Zimmerman Legal Case. The Crump group has been even more prolific with tweets, but they don't have their own website for the case. Does 1871 tweets and 12,481 followers mean they have the edge to win?

So much for the old fashioned problem of trying the case in the press; trying the case by tweet is now de rigueur. According to the attorneys, speaking to the AP in April, social media gives people a way to be engaged in the case. And, maybe they can test which topics are trending and use this information. I question when they will have time to prepare their respective cases so they can speak convincingly to the only audience that counts, the jurors. Or will all their tweeting make finding jurors who haven't heard about the case and formed an opinion like searching for the Holy Grail?

And what does all this cost? A technical staff of social media savvy people cannot be cheap. But of course part of their job is to raise the money to pay for the attorneys. You can donate to the George Zimmerman Defense Fund from another website, the GZ Defense Fund. The Justice for Trayvon Martin Fund, has some famous contributors, but "The funds are for the Foundation to support awareness of civil rights, social justice and the quality of life for youth who are within racial, religious, cultural, or other minority groups considered to be ‘different’ from the so-called ‘mainstream." The same wording can be found at the ParksCrump , but again it is unclear whether "supporting an awareness of social justice" and paying the attorneys are one and the same.

I think we are at the point of too much information. Tweeting by every Tom, Dick, Harry and me included, does not really forward the fact finding mission required to conduct a fair trial and determine whether or not George Zimmerman should spend the rest of his life in jail.

Article first published as Why Are These Attorneys Tweeting About the George Zimmerman Trial? on Technorati.

Social Media: When to keep your F #@%$** ing Mouth Shut.

noreply@blogger.com (Unknown) — Sun, 09 Jun 2013 15:59:00 +0000

If there is one thing that I have learned from my obsessions with Jodi Arias and George Zimmerman, the most important thing to do as a criminal defendant is to keep your mouth shut until you are represented by counsel. This is much easier said than done, but remember the police are not your friends.

Both defendants have put their foot in it by proclaiming innocence and changing their stories. And, I don't know what anyone was thinking to allow Jodi Arias to testify for 18 days

Before them, another young female criminal defendant was undone by what she said. Poor Amanda Knox was interrogated in Italian and told it would be worse for her if she got an attorney. She ended up accusing someone else of murdering Meredith Kercher and then "confessing" under duress. An attorney at the outset might have saved her parents millions of dollars and saved Amanda four years in prison.

But it's not just what criminal defendants say to police, it's also what they put in writing on Facebook and on their cell phones before they are arrested. Case in point, Amanda Knox's MySpace page where her exploits as "Foxy Knoxie" which sounds like Nazi, helped indict her.

Amanda has since graduated to facebook where she currently has five pages and one closed personal group. The pages range from Amanda Knox and Raffaele Sollecito Retrial, to Free Amanda Knox and an Amanda Knox movie. It's too bad she didn't know how to use the power of social media before her conviction, but maybe her book will make some money and she can pay her family back.

We now know that text messages on her cell phone did not help Jodi Arias. They were used to establish premeditation. She was provoked enough by a text from Travis Alexander that she drove 1000 miles to kill him.

If admitted into evidence, the text messages and images on Trayvon Martin's phone are going to help George Zimmerman. The prosecution neglected to give defense attorney Mark O'Mara more than 1000 pictures and deleted text messages. A court information technology director, who brought this misconduct to light, found images of marijuana, a hand holding a gun, naked girls that appeared to be underage, and a clump of jewelry on a bed and deleted texts that referenced a gun transaction.

The amount of personal information people will share is one thing. The incriminating nature of it is something else. Bragging rights aside, what are they thinking?

Article first published as Social Media: When to Keep Your F@#%ing Mouth Shut on Technorati.
ccMarshaHallet2013

George Zimmerman Trial: Is social media the predominant aggressor?

noreply@blogger.com (Unknown) — Fri, 07 Jun 2013 19:16:00 +0000

Predominant aggressor laws are most frequently applied in cases of domestic abuse where the size of the victims is disparate. In those cases, the person who used “more substantial” force is the predominant aggressor.

At the time of the shooting death of Trayvon Martin, George Zimmerman was 30 pounds heavier and four inches shorter than the teen. He was also 12 years older than his victim. It's possible that George Zimmerman feared Trayvon Martin, but the teen's appearance rather than his size was most likely the source of that fear.

The question then is will self defense laws be applicable if we are frightened by our own preconceived ideas. If the "boogie man" takes the shape of every racial stereotype, then we as a society are in trouble. However, even if George Zimmerman was the primary aggressor, he still had the right to defend himself.

The rules of self defense state that the person defending himself can only use as much force as required to remove the threat. Only if a person fears for his life can they defend themselves with deadly force. Zimmerman did call 911. Why would he call the police if he intended to commit murder?

The facts of the case, except as dissected by social media, are not yet in evidence. Perhaps because of his buzzed haircut, more than one blogger has remarked that Zimmerman's head trauma was self inflicted, maybe he simply cut himself shaving. Bloggers with deep pockets should be wary of portraying Mr. Zimmerman unfairly. He is suing NBC for using the tape of his 911 call out of context.

Obviously, attorney Mark O'Mara, believes that his client has a better chance proving self defense than appearing before a lone judge for the application of Florida's controversial "Stand Your Ground Law." At hand is the issue of whether he can find 12 jurors that will be unbiased by media, especially social media.

Let's hope social media is not the real predominant aggressor. It will be unfortunate if tweets, hashtags, and indiscriminate blogging writes the story of the trial before it even starts.

Article first published as George Zimmerman Trial: Is Social Media the Predominant Aggressor? on Technorati.
cc GeorgeZimmermanTrialWatch

Is This a Good Time to Hold the Race Card?

noreply@blogger.com (Unknown) — Thu, 06 Jun 2013 15:53:00 +0000

cc www.visualphotos.com -

No matter what you tell yourself, your appearance defines you. And that goes from the "dumb" blonde to the young black man. It's not just skin tone and race, any defining feature that makes someone the "other" comes with associations. There are negative stereotypes for fat people, short people, rich people and poor people.

How you dress defines you, too. There is nothing to suggest that Trayvon Martin was wearing a hoodie for any reason other than to keep the rain off, but the Million Hoodie March last year used the hoodie to suggest it made him a target, a "hood". People make snap judgments based on appearance, and obviously in this case there was no second chance.

You can choose not to wear hoodies, but unless you are Michael Jackson, and have vitiligo, you can't really change the color of your skin. You can, however, try. John Howard Griffin, lived as a black man for two months and wrote about his experiences in the book, Black Like Me. There have been tremendous strides forward since the 1950's and publication of his memoir. It would be sad to place the death of Trayvon Martin in the sphere of racial persecution.But that is where it has ended up.

Social media is exploiting the race card for both victim and defendant. Trayvon is a poster child for the young black man murdered because of racial stereotypes. The fact that literally there was a poster of a young black man holding Skittles that looked like Trayvon being used for target practice in Florida and sold online is reprehensible.

The defense has been demonizing Trayvon Martin for the very traits that the prosecution says made him a stereotype, rather a real person. Recently, Circuit Judge Debra S. Nelson put a stop to their strategy saying it would damage the reputation of the deceased teen.

Both the prosecution and the defense need to play more poker and less media. The race card is no one's trump.

Article first published as George Zimmerman Trial: Is This a Good Time to Hold the Race Card? on Technorati.

Google Interest In George Zimmerman Trial : Will Race Trump Sex

noreply@blogger.com (Unknown) — Wed, 05 Jun 2013 16:42:00 +0000

Time will tell whether our interest in sex can be trumped by our concern about race.

Certainly in the case of Jodi Arias, 18 days of testimony about her salacious relationship with Travis Alexander is what kept the TV audience and trial watchers coming back for more. If you Google Jodi Arias and sex you get more than 94 million results. The same exercise using Travis Alexander pulls up 6 million results.

So despite being being portrayed as a man with many prurient interest and a Mormon who's religion required him to abstain from sex before marriage, and the victim, he was not as compelling as Jodi. No one should care about what two consenting adults do in their private relationship, the in your face exposure at trial of what they did was beyond titillating. Jodi's accusation that Mr. Alexander was interested in children capped off a picture that was disturbing.

If you Google George Zimmerman and race, there are approximately 5.5 million results and the trial has yet to begin. If you Google Trayvon Martin and race, there are 15 million results. There is greater interest in Trayvon Martin, not as the victim per se, but because he has become the poster boy for young, black men who are profiled and pursued. According to Bureau of Bureau of Justice Statistics, between 1976 and 2011, roughly 7000 African-Americans were killed annually and 94% were killed by other blacks. While blacks are only 13% of the population their homicide rate is 50%. The NAACP states:

Nationwide, African-Americans represent 26% of juvenile arrests, 44% of youth who are detained, 46% of the youth who are judicially waived to criminal court, and 58% of the youth admitted to state prisons (Center on Juvenile and Criminal Justice).

The fact that George Zimmerman is also non-white is not insignificant. Obviously, he was still capable of racial stereotyping, even though it has been stated that he tutored black children and that there are blacks in his family. He may have been projecting. There are people who categorize Hispanics to be the same as blacks. The NAACP Criminal Justice Fact Sheet says that in 2008, African Americans and Hispanics made up a quarter of the population, but were 58% of prisoners.

It makes sense that as a society we should understand why the interaction between George Zimmerman and Trayvon Martin escalated to murder. A key contention at trial will be who was the aggressor. No matter what the testimony and the result, it is a fact that guns and racial stereotypes do not mix.

Article first published as George Zimmerman Trial: Will Race Trump Sex? on Technorati.

Trayvon Martin: Who is on trial here?

noreply@blogger.com (Unknown) — Tue, 04 Jun 2013 23:54:00 +0000

The upcoming trial of George Zimmerman, which is scheduled to begin June 10, has greater ramifications than anything that Jodi Arias could have dreamed up. Although she tried use character assassination to support her claim that she acted in self-defense, the evidence that Travis Alexander was anything other than a lapsed Mormon was not upheld and she was convicted. The evidence about who Trayvon Martin was and whether it becomes relevant, is less clear.

The defense in the George Zimmerman case wants to show that Trayvon Martin was not the boy pictured at the time of his death, but his character has been excluded from trial, at least for now. Circuit Judge Debra S. Nelson banned the defense from using strategies that would damage the reputation of the deceased teen. Trayvon Martin's facebook page has been taken over by Christians intent on protecting that reputation. The cover photo for his timeline is a quote from Daniel: "He who kneels before God can stand before anyone." and has 149,075 likes and 2,453 talking. I couldn't find any posts made by Trayvon Martin so for me it's hard to say whether he was a smiling adolescent, trouble teenager or something else At the other extreme, is the facebook page "Jodi Arias Will Be Found Guilty" with 10,669 likes and 9, 752 people talking. Not fans!

Martin also had a twitter account, but at this point the tweets are about him and not by him. That said there is plenty of dirt if you want to look for it. For example, there is a text message dialogue about marijuana and guns posted by CNN Justice. And another reference to a text message where he and a friend talk about beating up a homeless man. As reported in a previous post, cell phone records just do not die.

Rule of evidence are there to prevent questionable character traits of the victim and the defendant from being introduced into evidence at trial unless they are related to the facts. For example, a women's sexual history is not relevant if she is the victim of rape. In this case, neither man was a choir boy and the door is still open to show relevance at trial.

Article first published as Trayvon Martin: Who is on Trial Here? on Technorati.

Jodi Arias vs George Zimmerman: Social Media and Self Defense

noreply@blogger.com (Unknown) — Tue, 04 Jun 2013 23:36:00 +0000

What links these two defendants according to HLN, besides the absurd exploitation of their trials, is that they both claimed to have acted in self defense.

Another thing they have in common is their Hispanic heritage. While that may have worked against Jodi Arias, who killed a very white man, it could work in favor of George Zimmerman whose mother is from Peru. The Huffington post reports that "his father calls him a "Spanish speaking minority" with many black relatives and friends."

They also have both explored the use of social media to defend themselves. Jodi Arias has a "twitter habit" if that's what you can reasonably call 47 tweets. Really it's the rest of us, 74,081, followers that have a habit. If she wants to lash out at Ron Martinez or Nancy Grace, they of all people should know it's only sticks and stones that break our bones. George Zimmerman's brother, Robert Zimmerman Jr, apologized for his offensive tweets about Trayvon Martin on the Piers Morgan show. He said he was trying to make a point about the media's misrepresentation of Martin through pictures of him as a young boy.

There are some major differences in the social media activities of these defendants. Jodi Arias primped, went public with untrue interviews on TV, and was represented by public defenders. George Zimmerman, gained 100lbs, went into hiding, raised $204,000 online via a kickstarter defense fund, got rid of his probono defense team and hired Mark O'Mara who is a legal analyst for Florida's WKMG-Channel 6.

Mr. O'Mara has used social media for his client and states in a recent interview on wftv.com that it is "his duty." Of course it works both ways. We see that social media did not help Jodi Arias, but then her attorneys did not use it in her defense, unless that was the point of all the explicit text messages.

As for George Zimmerman, whether social media will affect the outcome of his case is anything but predictable. As a source of hearsay, it is definitely inadmissible.

Article first published as Jodi Arias vs George Zimmerman: Social Media and Self Defense on Technorati.