**updated with NBC apology**
“Zimmerman was also bleeding from the nose and the back of his head.” – Police Report, released by the Orlando Sentinel
“You can cancel second rescue. Second patient is not a gunshot.” – From 911 tape, verified through Police Report
Confusion reigns between fact and fiction, truth and emotion in the Trayvon Martin case, with threats launched from all sides.
As a backdrop, something remarkable is being done by Pres. Obama, which caught my eye, due to my lifelong involvement with culture and the arts. Reported by The Hill:
President Obama will record an introduction for the debut of a restored print of the 1962 film “To Kill a Mockingbird” set to air on the USA cable network Saturday night, 50 years after the debut of the classic film. ..
It’s ironic to see Pres. Obama choosing to make a statement through this historic film, letting “To Kill a Mockingbird” do the heavy lifting, but also putting himself squarely in the position of fighting the fights of the 1960s, exactly what he said as a candidate he wanted no part. The change is welcome, however subtle.
At the center of the Trayvon Martin story today is the furor over the description and impact of George Zimmerman’s injuries. The first video showed no visible signs of injury. The above enhanced photo, via ABC, reveals marks on the back of Zimmerman’s head. They did not require serious medical treatment, but were cleaned up in the squad car, according to reporting, when Zimmerman was first picked up.
From the New York Daily News yesterday:
The Daily News obtained EMS documents last week showing that a call from the scene for a second ambulance to treat Zimmerman was canceled.
His injuries were also apparently light enough for cops to take him to the station with his hands cuffed behind him, and allow him to walk unaided to an interview room.
The Miami funeral director who prepared Trayvon’s body for burial said the teenager had no bruising on his knuckles or any other sign that he had been in a brawl.
As for the broken nose claimed by Zimmerman’s attorney, the police report from which I quote at the top is critical evidence and the first that there was someone who saw “bleeding from the nose and back of his head.”
However, there is no evidence Zimmerman was treated for a “broken nose,” specifically, so that burden of proof remains unmet. A punch can produce blood without a broken nose the result. Zimmerman’s attorney may have offered hyperbole on this one.
The police report also states: “While I was in close contact with Zimmerman, I could observe that his back appeared to be wet and was covered in grass, as if he’d been laying on his back on the ground.”
On the media front, it’s been incredibly confusing to get the facts, with critics often ignorant of the difficulty involved when investigating a murder where there is suspicion and accusations that detectives or police didn’t do their job thoroughly. Race and an armed citizen overstepping his bounds, while authorities try to catch up on their own mistakes, makes for a mess.
Sensational stories in the new media era leads in all directions, most of which ends in confusion on all sides.
NBC has been embarrassed by reports a tape was doctored and then released through “The Today Show,” which has spurred an internal investigation at NBC. From USA Today:
NBC is launching an internal investigation into its handling of a news story that ran on the Today show involving the 911 call from George Zimmerman on the night he shot teenager Trayvon Martin, The Washington Post reports.
Late today, NBC finished their investigation and has issued an apology [updated], with a full explanation at the Washington Post:
During our investigation it became evident that there was an error made in the production process that we deeply regret. We will be taking the necessary steps to prevent this from happening in the future and apologize to our viewers.
As for the federal investigation, this was outlined in the Los Angeles Times last week in an interview with two federal officials.
The Florida State Attorney Angela Corey, who took over for Norm Wolfinger on the case, is involved an investigating potential charges that could be filed. The federal investigation is only focused on whether Trayvon Martin’s civil rights were violated, a hate crime charge, which has a much higher burden of proof.
Cable talking heads have been citing an epithet George Zimmerman allegedly said under his breath and was caught on tape, which is close to inauble and hard to discern without a reasonable doubt, if you listen to dueling experts. The slur being alleged is “f—ing coon,” which would add weigh ta the hate crimes charge if it was said.
CNN also reported yesterday that the Martin family is ruffling feathers and making charges that are being vehemently denied by those investigating their son’s murder. From the AP yesterday, reported by ABC:
Tracy Martin and Sybrina Fulton allege in a letter sent to the U.S. Department of Justice that State Attorney Norm Wolfinger met with the Sanford police chief within hours of the teen’s death and that together they overruled a detective’s recommendation that the shooter, George Zimmerman, be charged with manslaughter. The letter claims a lead investigator filed an affidavit stating that he didn’t find Zimmerman’s story credible.
The prosecutor, Norm Wolfinger, called the allegations “lies” and said no meeting took place.
“I’m outraged by the outright lies contained in the letter,” Wolfinger said in a statement. “I encourage the Justice Department to investigate and document that no such meeting or communication occurred.”
It’s why there is such a furor in Florida to get the police held accountable and charges filed against George Zimmerman, which has a completely different standard that federal hate crimes.
Jeralyn Merritt brings up the audio discussion on scream identification in a fascinating legal expert post on a convention convening in New York today. From deep in Jeralyn’s post:
So unlike Mr. Owen, Pimeau thinks a test should compare a scream to a scream. Since he doesn’t have an exemplar of Zimmerman screaming to compare to the 911 call with the scream in the background, he can’t do a test the way he thinks it should be done.
The foundation of the case remains the stalking of Trayvon Martin by George Zimmerman, who pursued the teen after being told not to, while carrying a concealed weapon, with the clear intent to confront Martin.
Zimmerman was not threatened when he began his pursuit. He was curious.
Both go against Stand Your Ground laws, which deserve review and repeal.
Trayvon Martin obviously felt threatened when Zimmerman confronted him.
Zimmerman’s zeal ended with Trayvon Martin being shot dead.
Tragic.
Gotta wonder what would have happened had Trayvon gotten the gun away from Zimmerman and shot HIM. Anyone SERIOUSLY gonna try to say Trayvon would be walking the streets uncharged today?
secular-Case in point–this is the way it works if you are black in this country:
http://www.huffingtonpost.com/2012/04/03/howard-morgan-ex-cop-shot_n_1399834.html?ref=mostpopular
Jeebus CRISPIES!!!! Shot TWENTY EIGHT FRACKING TIMES!!!!!!!
My favorite part (not really, I am being sarcastic): “After being left for dead, he survived and was then charged with attempted murder of the four white officers who brutalized him,”
The media should let the facts come out instead of editing the tape and saying lies, and for Spike Lee and Roseanne Barr to tweet another persons address and put a older couples lives in danger one with a heart problems is wrong. I also hate this Stand Your Ground Law. I think deadly force should be used in self-defense, or trespassing on private property without permission, or if someone fires a gun at you or goes after you with a knife or something, then I could see where the deadly force would come in, Myself, I would hate to use a gun on anyone, I would have to be threatened to do so. Zimmerman should have not followed Treyvon Martin in the first place, even if he is part of the neighborhood watch. I am a big supporter of the Neighborhood watch, neighbors should look out for one another, but I would have to see someone break into someone elses home or trespass on my neighbors property before I would say anything, and I would first call that neighbor to let her/him know, if they are out of town I would call the police. So Zimmerman should have just stayed home, if he thought Trayvon was dangerous, he could have called other neighbors in the area and tell them to be on the lookout. I don’t know how this is going to turn out, but conservative blogs and Fox News are going to bat for Zimmerman while MSNBC and some liberal blogs are taking up for Treyvon. I don’t like that the media’s race baiting in this situation, when Zimmerman is Hispanic and Treyvon is African American, this situation is bad enough without pinning minority against minority.
“I don’t like that the media’s race baiting in this situation, when Zimmerman is Hispanic and Treyvon is African American, this situation is bad enough without pinning minority against minority.”
The MEDIA’s race baiting?!! “FU*KING COON” The MEDIA didn’t use that…Zimmerman did.
http://crooksandliars.com/karoli/did-george-zimmermans-father-talk-sanford-p
Now isn’t THIS an interesting new development?!!!!!!!
Bullshit, NBC. Your edits were not “errors”. They were too precise to be errors.
Glad to see you are at least partially acknowledging this matter is far from a clear cut case, TM.
However, for you and the rest of your posters who have stated here that there was both clear evidence Zimmerman should have been immediately arrested by the Sanford PD as well as immediately charged by the county SA, reflect upon this…..from the date of the incident to the date it was removed from the county SA, 15 work days had elapsed. The special prosecutor, as well as the DOJ, have now been assigned to this case for 13 work days. The latter has also had the benefit of having most of the fundamental evidence handed to them as opposed to assembling it themselves. And undoubtedly, the State of Florida and the Federal Government has many times the resources and staff compared to the city and county. Given the immense political pressure being brought, do you really think the Feds or the Special Prosecutor would not have brought charges by now if these were so clear cut as has been suggested many times here? Do you think they really prefer to wait for this be determined by the all-white Seminole County grand jury that is currently empaneled for next week?
Face it, this is implicit confirmation there is no clear cut probable cause, no “clearly evident felonious intent” of either state crime or federal crime and as to this new innuendo of obstruction of justice, yet another ill-informed assertion amongst the dozens already raised and implicitly refuted.
I also note many commenters would benefit by reading the rules of evidence….it would save them the embarassment of spending time on Zimmerman’s past behavior.
As to what “side” I am on, I simply read the law as it is written, fit what evidence is coming from law enforcement authorities (as opposed to people writing blog or newpaper articles) against it, while recognizing jurisprudence is structured to keep people innocent until proven guilty beyond a reasonable doubt.
“As to what “side” I am on, I simply read the law as it is written, fit what evidence is coming from law enforcement authorities (as opposed to people writing blog or newpaper articles) against it, while recognizing jurisprudence is structured to keep people innocent until proven guilty beyond a reasonable doubt.”
Nice to know you then support the indictment and arrest of Bush and Cheney for war crimes and crimes against humanity as per international law to which the US is a signatory.
I do not know of a single expert in any field that can arrive at an accurate conclusion on any subject without first looking at all of the facts. People who have arrived at conclusions on this case are clearly not qualified experts. President Obama and the media, have done everything they can to help Zimmerman and assure that Justice will never be delivered in this case.
I do not know of a single expert in any field that can arrive at an accurate conclusion on any subject without first looking at all of the facts. People who have arrived at conclusions on this case are clearly not qualified experts.
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You’re absolutely right. And the irony is, that precisely the point we have been making. The police are called in for a fatal shooting, the shooter claims self-defense, and they take him at his word??!?! And test the DEAD guy for drugs, but not the shooter!?!? Then we find out that the lead homicide investigator did not, in fact, take Zimmerman at his word. He wanted to press charges, but was overruled.
This thing was about to be whitewashed (no pun intended). The Martins raised a ruckus, and now it IS being investigated. DOJ is on the case. FBI is on the case. State AG is on the case. Personally, I think the Martins should declare mission accomplished at this point. But for all the sanctimonious bullshit about “let the investigators do their job,” the Martins’ media blitz is the ONLY reason an investigation is taking place. And now we can be confident that it will be a real one.
BS right back at you ogenec… There is nothing wrong with letting the investigators do their jobs…. it is not sanctimonious at all.
Much of what you are stating is pure conjecture on your part. I would expect more from a so-called attorney. We will just have to wait and see what really happened in a court of law if it ever gets there. I truly hope justice is served in this case but I am so sick and tired of those believing everything the media throws out as if it is gospel.
Whitepaw, there is no logical reason to attempt logical discussion with illogical people. What the Martin attorneys rolled out to the media is a PR strategy, not a legal strategy. It is known as “flooding the zone.” It works off volume, not accuracy. However, the Crump and Park firm does not command any real media attention (they are contingency ambulance chasers by normal practice in Tallahassee), therefore, they had to enlist a couple of black congressional reps and the Sharpton/Jackson to garner more than minimal local media attention as well as to introduce the racial discrimination angle. ogenec is simply a disciple to that cause, because, if he is actually an attorney, he would know the difference between a statute requiring affirmative defense protocol and the SYG statutes which flips the burden of proof to the prosecution, not the defense.
“the shooter claims self-defense, and they take him at his word??!?!”
No, the law says he is innocent until BRD is established to the contrary.
“And test the DEAD guy for drugs, but not the shooter!?!?”
Not sure what nation’s laws we are making reference to here, but there are no implied consent statutes in play here and no likely physical evidence of intoxication…….where does any criminal statute say you can be tested for alcohol? Where do people get these notions of what is the law?
casualobserver…. I have to say that I love your posts…. When I read them, I imagine the voice from HAL 2001 Space Odyssey… Please do not consider the end of the movie when I state this…. Just that your posts seem to be about facts…. and not emotion. Which is fine for me
No, no whitepaw, you are right on. hal was deranged and illogically flawed to the point of insanity. You have discribed him/her/it to a T.
No worries, whitepaw. I am routinely accused of having no emotion……occupational hazard.
ogenec is simply a disciple to that cause, because, if he is actually an attorney, he would know the difference between a statute requiring affirmative defense protocol and the SYG statutes which flips the burden of proof to the prosecution, not the defense.
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I am not talking about the prosecution. I am talking about an investigation. Why is this so hard to understand? Yes, the prosecution bears a heavy burden in a SYG case. But, in order to determine whether that burden is met, YOU HAVE TO CONDUCT AN INVESTIGATION. You cannot shrug your shoulders and say, “man, this is gonna be too hard to sort out, so the tie goes to the shooter.” No civil society can abide that result.
And that’s why this dereliction of duty is so unfortunate. Because if the investigation now results in a prosecution, some portion of the population will see it as politically motivated, the result of a media circus. If the investigation does not result in a prosecution, another segment will see it as motivated by equally nefarious means. And all of this could have been avoided if the police had taken the time to conduct a thorough investigation.
That is my point. You cannot have it both ways. You cannot say “wait for the facts” – an attitude I commend, by the way – but then deplore the very actions that led to there being an investigation in the first place. How about deploring the fact that there wouldn’t have been an investigation? And although I agree that the Martins and their lawyers have been overzealous in demanding Zimmerman’s immediate arrest and in their unproven allegations against the State DA, I think you are holding them to an impossibly high standard. That standard is, agitate just enough so that the injustice of no investigation is remedied, but no further. Movements have never been that precise, and never will be. The better solution is, prevent the manifestation of injustice in the first place.
Either way, we seem to be agreed on the need for an investigation, and on waiting for the results thereof. Seems to me that’s a good place to let things lie.
Now I am of course NOT a lawyer, so much of the conversation is beyond me… But I am not completely convinced about the dereliction of duty…. and am not convinced that there was not already an ongoing invenstigation. I really do not know the answer to this. The reason I state that I do not know, is because every day, the story changes, as presented by the media.
As an example, I heard initially that Trayvon was left in the hands of the medical examiner as a John Doe for three days before his parents were notified of his death. Now, I read from an account by Trayvon’s father that he (the father) had been out to dinner with his fiance during the incident, and when Trayvon was not home, the father assumed Trayvon went to a movie and then the father went to bed. It was only the next morning when Trayvon was still not home, that the father called the police… and then, that morning, Trayvon was identified. I do not think the father did anything wrong, just that it was all over the media that Trayvon was not identified for three days. If I am to believe the current report…. the initial report was not true. The three day issue seems to be how long it took to get Trayvon’s body released to the funeral home. But what to believe… maybe the initial report was the correct one… who knows?
That is just one example… there are many more. But this is why I am really perplexed about what really happened… and whether there was truly an ongoing investigation… before the media circus erupted.
Am I also to believe the reports that the parents had Trayvon’s name trademarked? Is there any truth to this? If there is…. why?
Again… what to believe.
The only thing I believe at this time is that Trayvon should still be alive… That this is an unimaginable tragedy for his family… and that I really do not know what happened that night.
Now, again, what do I predict?
1. If Zimmerman is not charged, there will be riots (not just in Florida)
2. If Zimmerman is charged, and found not guilty, there will be riots (not just in Florida)
3. If Zimmerman is charged, and found guilty, there will be no riots at all.
If it makes you feel better, don’t call it a dereliction of duty. We can’t say for certain that no investigation would have occurred. We can say with absolute certainty that an investigation is occurring now. That is a good thing, yes?
Also, why are your predictions relevant? Or the alleged trademarking? It’s a little hypocritical for you to say, “wait for the evidence,” then turn around and speculate as to what will happen in the future. Why don’t you take your own advice and wait for the facts? And even if what you contend is true – that riots will ensue, or that the Martins trademarked Trayvon’s name – how is that probative of whether Zimmerman unlawfully shot Trayvon? That is the only question worth discussing. And again, I agree that there’s no point discussing further until the investigation concludes.
Ogenec — Yes… It is a good thing that there is an investigation. The reason I brought up my predictions, which I agree are irrelevant, is just because the media circus that has erupted as a result of the “flood” discussed above seems to have incited racial tensions, when we really do not know if it is necessary. Often, when this happens, riots occur. Can you in all honesty say that your gut does not tell you that Zimmerman has already been tried and convicted in the eyes of many? I am not stating you… Again, just my perspective, but I think Al Sharpton has caused a lot of problems with this situation. I have been recording his MSNBC show and today’s was the first in days where the entire show was not a heated exchange about Trayvon Martin… and all of Sharpton’s guests agree 100% with him… I understand it is an editorial show… and that is fine… but what Sharpton has been promoting is likely to incite anger.
My reason for asking about the trademark issue was really just a question. It is also something I highly predict may not be true… and I was just curious about the need for the trademark if it is true. My initial instinct is to assume it is to ensure that Trayvon’s name cannot be used for financial gain except by the owners of the trademark… But I do not know. Was really just asking why it would be done (assuming it was done).
Thanks to both casualobserver and ogenec for enlightening us about the legalities pertaining to this case.
And ogenec — I do not hear HAL’s voice when I ready your posts….. Hmm… I think I hear Rick Santorum (kidding………
).
Wonder whose voice people hear when they read my posts… surely someone annoying! And for Taylor… I only hear her voice when I read her posts… after all, it is a voice I have actually heard!
What is the conjecture is anything I have said? I said the following:
- The shooter claimed self-defense. That is true.
- They took him at his word. That is true.
- The tested the dead guy for drugs, but not Zimmerman. That is true.
- The lead investigator wanted to charge Zimmerman, but was overruled. That is true.
I’m not saying the shooting was not justified, I’m not saying there weren’t excuplatory facts, none of that. I’m simply saying there was not going to be an investigation to look into all this. And now there will be. So, yes, I agree that the Martins can and should back off and let the investigators do their jobs. But there’s no gainsaying the fact that, without their “flooding the zone,” as casualobserver puts it, there would not be an investigation. That’s the travesty that people are upset about. If the investigation concludes with no charges against Zimmerman, I for one will have no quarrel with that.
Great ogenec…. However, I predict if charges are not brought against Zimmerman, even though you will be fine with it, others will not be and I predict riots (just my opinion).
I also predict that if charges are brought against Zimmerma, and he is found not guilty… there will be riots…
Finally, I predict that if charges are brought against Zimmerman, and he is found guilty…. there will be no riots.
Sorry casualobserver… Did not take your advice to refrain from further discussion…
Well actually ogenec the police…at least the Homicide Detective who interrogated Zimmerman didn’t believe his “story” and wanted him charged with at least manslughter.
Had there NOT been the firestorm of rage this would have been just another executed for walking while Black in the “wrong” neighborhood.
SEC — You know I adore you, but you are repeating things that may or may not be true. I have ONLY argued that we wait to rush to judge. I believe you and ogenec are correct that without the “flooding of the zone” that none of us would have heard of Trayvon at all. That is VERY likely… but the flooding does not prove Zimmerman’s guilt. That can only be established in a court of law (if we even get there). Will you be happy now, whatever the final verdict?
When I read SEC’s posts, I don’t hear a voice per se, but rather the music of Led Zeppelin (and I LOVE Led Zeppelin)!
@ogenec—”How about deploring the fact that there wouldn’t have been an investigation?”
With your elaboration, I comprehend your point, but I do not concede to your point of view. Aside from missing the girl’s cellphone contact of Martin immediately preceding and interviewing her, I have not so far read about anything revealed that constitutes an investigation failure on the part of Sanford PD.
In the normal course conduct of law enforcement, investigations always constitute an inherent tension between timeliness to disposition and expenditure of limited resources vs. no possible stone unturned.
Only once the FDLE releases its findings will one of us be proven to have better intuition about the conduct of the investigation.
By the way, before this thread gets buried down too far, for those out there thinking the Serino affidavit is the smoking gun against the SPD, you had better read his interview in the Orlando Sentinel on March 16……
“The best evidence we have is the testimony of George Zimmerman, and he says the decedent was the primary aggressor in the whole event,” Serino told the Sentinel March 16. “Everything I have is adding up to what he says.”