Do you think Zimmerman will be convicted of murder?

The facts must decide Trayvon Martin case
By Mark NeJame, CNN Contributor
Tue April 24, 2012

Editor's note: Mark NeJame is a CNN contributor and has practiced law, mainly as a criminal defense attorney, for more than 30 years. He is the founder and senior partner of NeJame, LaFay, Jancha, Ahmed, Barker and Joshi, P.A., in Orlando, Florida.

Orlando, Florida (CNN) -- If George Zimmerman were a 28-year-old black man who shot and killed a 17-year-old white teenager under the same circumstances as alleged in Trayvon Martin's death, would he have been immediately arrested? After 30 years as a trial attorney, I can unhesitatingly say, "Of course."

Herein lies the cultural and racial inequity which has largely led to the polarization and division over culpability in Trayvon's death.

It's perplexing that some have criticized my belief that we must withhold judgment on the case until we have all the facts and evidence, especially the forensics. Many people have made up their minds and refuse to listen to other points of view -- newly discovered facts and evolving evidence be damned.

When I criticize the prosecutor's handling of the case or suggest hypothetical situations that are consistent with the evidence, some interpret those comments as pro-Zimmerman. They flatly reject any scenario other than that of George Zimmerman racially profiling Trayvon Martin and then shooting and killing him. The late, great Andy Rooney captured this dynamic best when he commented, "People will generally accept facts as truth only if the facts agree with what they already believe."

Although Trayvon Martin's killing is a tragedy at the highest level, his death and the prosecution of George Zimmerman symbolize so much more. The issues they raise belong in the public discourse, but should not influence or cloud the facts or outcome of the case.

Many African-American men have been killed since Martin's death and undoubtedly more will follow. It's likely that none of their names will be well-known. But Trayvon Martin has become a rallying cry for all the wrong that still exists in America regarding race and unequal treatment in the criminal justice system. It's rare that a person of color in America hasn't experienced some sort of bigotry or profiling. Most of them, their families or friends have experienced unequal treatment, bigotry, sneers, insults, misplaced suspicions or police misconduct that was racially motivated. Martin's shooting death represents an opportunity to express and address the injustices which still regularly happen but mostly remain unanswered or unaddressed.

Racial equality has advanced far from where it was, but the struggle is not over. African-Americans know injustice still exists.

From what I know, regardless of how the evidence plays out and the discovery unfolds, the Sanford Police Department bears great responsibility for the firestorm of this case. If Zimmerman had been immediately arrested, or if the Sanford Police Department had conducted a thorough investigation before it announced there would be no arrest, then it's likely the controversy would not have reached such enormous proportions.

To much of the public, it appears as if authorities were dismissive when confronted with the case of another young black male being shot and killed. Trayvon Martin and his grieving family deserve more. George Zimmerman deserves to have his case decided on its merits and not as public retribution for societal sins. What is inescapable to me, though, is that the institutional and insidious prejudice which still permeates many law enforcement agencies is the cause of so much of the outrage surrounding this case.

I will continue to ask for judgment to be reserved until the evidence, discovery and forensics are received and reviewed. I want the truth. But I understand why facts might not make much difference to many people. Trayvon Martin's death represents so much more to so many. For them, the chance to finally be heard benefits the greater good.
http://www.cnn.com/2012/04/24/opinion/nejame-trayvon-martin-case/index.html

The state is not supposed to speak for Trayvon, that is what our broken and corrupt "justice" system has turned into after being mutilated by victim culture. The state is supposed to speak for truth and justice.

Gotta be honest with ya, Bill. My thought was that he has been studying Socrates and the Socratic Method.

Lodging charges against someone for possible criminal acts, is not only not a "short circuit" of the criminal justice system, it is, in fact, using the criminal justice system as a way of establishing the facts of the matter, whether laws were violated, and whether punishment is justified.

That's totally wrong. You do not file charges against somebody as a means of figuring out what the **** happened. The basic idea is to figure out what the **** happened and THEN, if there is some damned good reason to file charges against somebody, you file charges.

The last contains a huge assumption

Many African-American men have been killed since Martin's death and undoubtedly more will follow. It's likely that none of their names will be well-known

Actually, I did not. With or without, it seems to reflect your personal assumption

You do not file charges against somebody as a means of figuring out what the **** happened. The basic idea is to figure out what the **** happened and THEN, if there is some damned good reason to file charges against somebody, you file charges.

The lead homicide investigator in the shooting of unarmed teenager Trayvon Martin recommended that neighborhood watch captain George Zimmerman be charged with manslaughter the night of the shooting, multiple sources told ABC News.

But Sanford, Fla., Investigator Chris Serino was instructed to not press charges against Zimmerman because the state attorney's office headed by Norman Wolfinger determined there wasn't enough evidence to lead to a conviction, the sources told ABC News...

Serino filed an affidavit on Feb. 26, the night that Martin was shot and killed by Zimmerman, that stated he was unconvinced of Zimmerman's version of events.

Zimmerman, 28, claimed he shot Martin, 17, in self defense.

One complicating factor in the investigation was that the first detective to interview Zimmerman about the shooting was a narcotics officer rather than a homicide detective.

The State Attorney's office said only "no comment" when asked about the affidavit today.
http://abcnews.go.com/US/trayvon-martin-investigator-wanted-charge-george-zimmerman-manslaughter/story?id=16011674

Well we had a killing that the first investigators consider self defense

All in all the odds and commonsense is on the side of Zimmerman account of self defense not the pointless murder of a black person by a racist.

I assume you're aware that Nietzsche described Socrates as an asshole...

Many African-American men have been killed since Martin's death and undoubtedly more will follow.
It's likely that none of their names will be well-known

What is left unsaid is that while the leading, repeat the leading,
cause of deaths of young black males is homicides,
the killing of black males by other then their fellow black males are very rare indeed.

All in all the odds and commonsense is on the side of Zimmerman account of self defense
not the pointless murder of a black person by a racist.

How about the pointless murder of a black person by a man with anger management problems,
and a tendency to engage in racial profiling, who was trying to play cop?

Suppose Zimmerman pulled his gun on Martin to try to make sure he stayed put until the cops came
and that was the reason Martin assaulted him.

Martin might have been trying to get the gun away from Zimmerman,

or he might have been just trying to defend himself, from this nut with a gun who wasn't a cop,
when Zimmerman shot him. That seems as likely as Zimmerman's self defense story in terms of "commonsense".

Quote:

I assume you're aware that Nietzsche described Socrates as an asshole...

I assume you know Nietzsche died in an insane asylum?