We extend a warm All Things Crime Blog welcome to Robert Emmett Murphy, Jr. who has contributed the following insightful post in which he makes a compelling argument as to why George Zimmerman should be convicted of second-degree murder in the shooting death of Trayvon Martin.
by Robert Emmett Murphy, Jr.
Florida’s self-defense laws allow broader justification to kill than most other states. This was true even before they led the nation in enacting the controversial “Stand Your Ground” legislation. To quote one press report:
“This leaves the prosecution with a seemingly insurmountable problem: How in the world can it prove — given the inconclusive nature of the evidence — that Zimmerman ‘did not act in self-defense?’”
It’s probably not nearly so dire as that. Admittedly, this will be a difficult case, but the evidence still is on the prosecution’s side. In the end, overcoming the jurors biases and/or the defense team’s ability to distract them from that facts will be more challenging than the law itself.
My argument in essence boils down to this:
“Zimmerman can’t claim self defense if he started the fight. Martin had a right to defend himself; Zimmerman didn’t have a right to stalk him.”
Zimmerman undercut his self-defense claim by forcing the confrontation to happen, and he did so the moment he got out is his truck and followed Martin. Even in the transcripts of his 911 call, there is evidence of deceptiveness in his conduct that evolved as the incident unfolded. The transcripts strongly indicate his aggressive attitude toward the 17-year-old Trayvon Martin. That deceit and aggressiveness is all important, because you can’t claim self-defense in a fight you yourself started.
Zimmerman claims he broke off pursuit of Martin when 911 told him to, but the 911 transcript undermines that claim. The transcript is available in full on a number of websites, so I’ll restrain myself here to the highlights:
[1:03] Zimmerman is clearly still in the truck: “Yeah, now he’s coming toward me. He’s got his hands in his waist band.”
[1:39] Zimmerman: “OK. These assholes. They always get away.”
Note: At this point, Zimmerman has no idea who Martin is. He’s just a boy walking down a darkened street in the rain, but already Zimmerman is expressing hostility and rage towards him.
[2:08] Zimmerman: “He’s running.”
Zimmerman’s car was on Twin Trees Street. It was at this point that Martin ran away, leaving Twin Trees, which was open to vehicular traffic, and heading down a pedestrian walkway, which was the most direct route to his father’s girlfriend’s house. He quickly disappeared from Zimmerman’s line-of-sight from his truck. Furthermore, Zimmerman’s vehicle could not follow him on the pathway.
[2:24] 911 dispatcher: “Are you following him?”
Zimmerman: “Yeah.”
911 dispatcher: “OK. We don’t need you to do that.”
Zimmerman: “OK.”
So less than 20 seconds have passed since Martin started running away. Less still since Zimmerman got out of his car to follow him (which of course can’t be justified).
[3:10] 911 dispatcher: “Alright, where are you going to meet with them [the responding police] at?”
Zimmerman: “Um, if they come in through the gate, tell them to go straight past the clubhouse and, uh, straight past the clubhouse and make a left and then go past the mailboxes you’ll see my truck.”
The rendezvous spot is in the opposite direction from the direction Martin ran to. Zimmerman’s vehicle is back in the direction of the rendezvous. But Zimmerman will continue following Martin’s route, moving away from his truck and the rendezvous spot. But, he will not make the operator aware of this.
[3:21] 911 dispatcher: “Alright, what address are you parked in front of?”
Zimmerman: “Um, I don’t know. It’s a cut-through so I don’t know the address.”
It’s now been a full minute since he was directed to return to his car. Note how evasive his answer is.
[3:40] 911 dispatcher: “OK, what’s your apartment number?”
Zimmerman: “It’s a home. It’s 1950 – oh, crap, I don’t want to give it out – I don’t know where this kid is.” [inaudible]
How is there any risk of what he is saying being overheard by the kid unless he’s still following the kid?
[3:49] 911 dispatcher: “Alright, George, I’ll let them know you’ll meet them at…”
Zimmerman: “Could you have them call me and I’ll tell them where I’m at?”
He can’t arrange to meet at the location of his parked truck, because he’s still in pursuit, moving, and not sure where he’ll end up.
[4:02] 911 dispatcher: “OK, no problem. I’ll let them know to call you when they’re in the area.”
Zimmerman: “Thanks.”
911 dispatcher: “You’re welcome.”
[Call ends]
Click here to listen to the 911 dispatch tape:
We are now two minutes after the directive to return to his truck. In another three minutes, Martin will be shot. He will bleed to death while on the most direct route to his father’s girlfriend’s house. Zimmerman’s truck was abandoned by him, several blocks way, five minutes earlier.
Also significant is the manner in which Zimmerman’s story changed over time. He reenacted the incident for the police the next day during the daytime. The re-enactment video, like the 911 transcripts, are available on the internet.
The Following Are My Observations About the Evidence Set Forth in the Crime Scene Re-enactment Video:
His justification for leaving his car was, he claimed not knowing the name of the street, but he knew the clubhouse was directly behind him, and Retreat Circle was directly in front of him. Therefore, the street name could have been easily established by the police without him exiting his vehicle.
Between 5:00 and 5:20 Zimmerman implies that 911 directed him to “get somewhere where I can see him,” which is obviously not anywhere in the transcript.
6:10-6:20: Zimmerman claims that Martin went to the pedestrian walkway between the houses, then doubled back, circled Zimmerman’s truck, and then returned to the pedestrian walkway. There is nothing faintly resembling that on the 911 transcript, even though the conversation was continuous and Zimmerman was describing everything he saw to the dispatcher.
Zimmerman repeatedly suggested, both in the 911 transcript, and on the re-enactment video, that Martin “had something in his hands” and was “reaching for his waistband”, which hints at a possible weapon, and makes his decision to leave his truck all the more irrational.
7:00 to 7:05: Zimmerman claims he got out of his truck to “look for a street sign.” But then he left the street his truck was parked on; clearly his real intent was to stalk Martin. “If I went straight through I knew that would be Retreat Circle.” In addition to being a dubious piece of logic (why not go in the other, safer, direction?), he can’t account for why it took up all the time remaining in the call to cover the short distance (two minutes is how long it took in the video, while walking at an extremely slow pace with repeated stops and pauses along the way) or why it took even longer to return to his truck (three minutes between the end of the call and the shooting) or why he disconnected the call in the first place, considering that he chose to get closer, not farther away, from the boy.
At the 9:20 mark, he says he told 911 he wanted the cops to meet him at his truck, which contradicts the transcript, and distracts attention from one of his most suspicious actual statements on the 911 call.
It is very important to note that on the 911 transcript, he never said he was going to Retreat Circle to get the address, and when he claimed he got there in the video, he never shared that information with the dispatcher.
The 911 was terminated even though Zimmerman, if he was at his claimed position, would have been aware that he put the boy in between himself and his truck.
After terminating the call, it would be three minutes before the shooting, but in the video it took him only 30 seconds to reach the position where he claimed he was jumped.
Click here to view the Crime Scene Map:
Summary Proving Zimmerman’s Guilt, Including Some Information Not Included Above:
He thinks a kid walking down the street in the rain and talking on his cell phone is suspicious. He called 911, but still insisted on getting out of his truck to follow the boy. This, it should be noted, violates the Procedures of the Neighborhood Watch of which he was a member. Before this, he was already expressing hostility and rage, and using profane language, at the boy, a complete stranger.
He is directed to return to car by 911, but doesn’t.
He described the kid running away from him and chooses to give chase, disconnecting the 911 call as he does so. He is soon blocks away from his truck on a path inaccessible to vehicles.
His claim that he was attacked by Martin is contradicted by Martin running way from him, his following Martin, the fact that Martin’s body was found along the most direct route to his farther’s girlfriend’s house (where he was running to), and Martin’s friend Jeantel’s testimony.
He maintains his rage at the kid even after learning that the kid had legitimate reason to be where he was.
Martin was unarmed, had committed no crime, and was neither drunk nor high.
Shall I keep going? I still haven’t gotten to Zimmerman’s previous history of violence and lying to the court.
Click here to read our previous posts on the George Zimmerman trial:
George Zimmerman Unlikely to Be Convicted of 2nd-Degree Murder
George Zimmerman Trial: Top Five Moments in First Week of Testimony
George Zimmerman Trial: John Good’s Testimony Is “Good News” for Zimmerman
George Zimmerman Trial: Key State Witness Rachel Jeantel Goes Toe-to-Toe with Zimmerman Defense Team
George Zimmerman Was on a Dangerous Drug Cocktail at Time of Trayvon Martin’s Shooting Death
George Zimmerman Trial: Trayvon Martin Death Photos Dominate Day 12
Sanford, FL Has a History of Brutal Racial Oppression