Following nearly three weeks of
testimony, a jury of six women in the George Zimmerman trial has found the
former neighborhood watch volunteer not guilty of second-degree murder. He was
also found not guilty of the lesser offense of manslaughter, which the jury
also weighed. Here is a report culled from The New York Times...
George Zimmerman, the neighborhood
watch volunteer who fatally shot Trayvon Martin, an unarmed black teenager,
igniting a national debate on racial profiling and civil rights, was found not
guilty late Saturday night of second-degree murder. He was also acquitted of
manslaughter, a lesser charge.
After three weeks of testimony, the six-woman
jury rejected the prosecution’s contention that Mr. Zimmerman had deliberately
pursued Mr. Martin because he assumed the hoodie-clad teenager was a criminal
and instigated the fight that led to his death.
Mr. Zimmerman said he shot Mr.
Martin on Feb. 26, 2012, in self-defense after the teenager knocked him to the
ground, punched him and slammed his head repeatedly against the sidewalk. In
finding him not guilty of murder or manslaughter, the jury agreed that Mr.
Zimmerman could have been justified in shooting Mr. Martin because he feared
great bodily harm or death.
The jury, which had been
sequestered since June 24, deliberated 16 hours and 20 minutes over two days.
The six female jurors entered the quiet, tense courtroom, several looking
exhausted, their faces drawn and grim. After the verdict was read, each
assented, one by one, and quietly, their agreement with the verdict.
The case began in the small city of
Sanford as a routine homicide but soon evolved into a civil rights cause
examining racial profiling and its consequences — an issue barred from the
courtroom — and setting off a broad discussion of race relations in America.
Mr. Martin, with his gray hooded sweatshirt and his Skittles — the candy he was
carrying — became its catalyst.
Even President Obama weighed in a
month after the shooting, expressing sympathy for Mr. Martin’s family and
urging a thorough investigation. “If I had a son,” Mr. Obama said, “he’d look
like Trayvon.”
Saturday night when the verdict was
read, Mr. Zimmerman, 29, smiled slightly. His wife, Shellie, and several of his
friends wept, and his parents kissed and embraced.
Sybrina Fulton and Tracy Martin,
who lost their son a few weeks after his 17th birthday, were not in the
courtroom.
After the verdict, Judge Debra S.
Nelson of Seminole County Court, told Mr. Zimmerman, who has been in hiding and
wears a bulletproof vest outside, that his bond was revoked and his GPS monitor
would be cut off. “You have no further business with the court,” she said.
Outside the courthouse, perhaps a
hundred protesters who had been gathering through the night, their numbers
building as the hours passed, began pumping their fists in the air, waving
placards and chanting “No justice, no peace!” Sheriff’s deputies lined up
inside the courthouse, watching the crowd, who were chanting peacefully, but
intently.
By 11:20, more than an hour after
the verdict had been read, the crowd outside the courtroom had begun to
dwindle; fists were no longer aloft, placards had come down.
Among the last of the protesters to
leave the courthouse lawn was Mattie Aikens, 33, of Sanford. She had been
standing outside since noon, holding a bag of Skittles and a can of Arizona
watermelon drink, which Mr. Martin was carrying the night he was shot. More
than an hour after the verdict, she was still shocked. “He should have went to
prison,” she said. “He should have just got guilty, guilty, guilty, guilty.”
Mark O’Mara, one of Mr. Zimmerman’s
lawyers, said, “George Zimmerman was never guilty of anything except firing the
gun in self-defense.”
In a news conference following the
verdict, Angela B. Corey, the state attorney who brought the charges, rebuffed
the suggestion that her office overcharged Mr. Zimmerman.
“We charged what we had based on
the facts of the case,” she said. “We truly believe the mind-set of George
Zimmerman and the reason he was doing what he did fit the bill for second-degree
murder.”
Calling it a “very trying time,”
Benjamin Crump, a Martin family lawyer, said he had urged Mr. Martin’s parents
to stay out of the courtroom for the verdict. They were home and planning to
attend church on Sunday. The parents, he said, were grateful for all the
support.
Mr. Crump asked the family’s
supporters keep the peace and read a Twitter post by Dr. Bernice King, the Rev.
Dr. Martin Luther King Jr.'s daughter.
“Whatever the Zimmerman verdict
is,” Mr. Crump read, “in the words of my father, we must conduct ourselves on
the higher plane of dignity and discipline.”
Sanford’s new police chief, Cecil
E. Smith, was in the courtroom for the verdict, and said afterward that while
many calls were coming in from worried residents, the downtown was open and
neighborhoods were calm.
Still, there was anger over the
verdict. “We are outraged and heartbroken over today’s verdict,” said Benjamin
Todd Jealous, president of the N.A.A.C.P. “We stand with Trayvon’s family and
we are called to act. We will pursue civil rights charges with the Department
of Justice, we will continue to fight for the removal of Stand Your Ground laws
in every state, and we will not rest until racial profiling in all its forms is
outlawed.”
Mr. O’Mara disputed the notion that
Mr. Zimmerman engaged in racial profiling. “His history was not as a racist,” he
said.
He added that if Mr. Zimmerman was
black, he likely would never have been charged. “This became a focus for a
civil rights event, which is wonderful event to have,” he said, “but they
decided George Zimmerman was to blame and to use as a civil rights violation.”
And while defense lawyers were
elated with the verdict, they also expressed anger that Mr. Zimmerman spent 16
months filled with fear and trauma when all he was doing was defending himself.
“The prosecution of George
Zimmerman was a disgrace,” said Don West, one of Mr. Zimmerman’s lawyers. “I am
thrilled that this jury kept this tragedy from become a travesty.”
The shooting brought attention to
Florida’s expansive self-defense laws. The laws allow someone with a reasonable
fear of great bodily harm or death to use lethal force, even if retreating from
danger is an option. In court, the gunman is given the benefit of the doubt.
The outcry began after the police
initially decided not to arrest Mr. Zimmerman, who is half-Peruvian, as they investigated
the shooting. Mr. Martin, 17, had no criminal record and was on a snack run,
returning to the house where he was staying as a guest.
Six weeks later, Mr. Zimmerman was
arrested, but only after civil rights leaders championed the case and demonstrators,
many wearing hoodies, marched in Sanford, Miami and elsewhere to demand action.
“Justice for Trayvon!” they
shouted.
The pressure prompted Gov. Rick
Scott of Florida to remove local prosecutors from the case and appoint Ms.
Corey, from Jacksonville. She ultimately charged Mr. Zimmerman with
second-degree murder. The tumult also led to the firing of the Sanford police
chief.
Through it all, Mr. Martin’s
parents said they sought one thing: That Mr. Zimmerman have his day in court.
That day arrived on Saturday.
From the start, prosecutors faced a
difficult task in proving second-degree murder. That charge required Mr.
Zimmerman to have evinced a “depraved mind,” brimming with ill will, hatred,
spite or evil intent, when he shot Mr. Martin.
Manslaughter, which under Florida
law is typically added as a lesser charge if either side requests it, was a
lower bar. Jurors needed to decide only that Mr. Zimmerman put himself in a
situation that culminated in Mr. Martin’s death.
But because of Florida’s laws,
prosecutors had to persuade jurors beyond a reasonable doubt that Mr. Zimmerman
did not act in self-defense. A shortage of evidence in the case made that a
high hurdle, legal experts said.
Even after three weeks of testimony,
the fight between Mr. Martin and Mr. Zimmerman on that rainy night was a
muddle, fodder for reasonable doubt. It remained unclear who had started it,
who screamed for help, who threw the first punch and at what point Mr.
Zimmerman drew his gun. There were no witnesses to the shooting.
The state presented a case that was
strong on guesswork and emotion but weak on evidence and proof, Mr. O’Mara
said.
“Don’t connect those dots unless
they are connected for you, beyond a reasonable doubt, by the state,” he urged
the jury.
In the end, prosecutors were left
with Mr. Zimmerman’s version of events.
The defense also had one piece of
irrefutable evidence, photographs of Mr. Zimmerman’s injuries — a bloody nose
along with lumps and two cuts on his head. It indicated that there had been a
fight and that Mr. Zimmerman had been harmed, and the defense showed them to
the jury at every opportunity.
Prosecutors built their case around
Mr. Zimmerman’s persona — a “wannabe cop” — his wrong assumptions and his
words.
Mr. Zimmerman, they said, was so
concerned about burglaries in his townhouse complex that when he spotted Mr.
Martin, an unfamiliar face in the rain, he immediately “profiled” him as a
criminal. He picked up his phone and reported him to the police.
Then he made the first in a string
of bad choices, they said. He got out of the car with a gun on his waist; he
disregarded a police dispatcher’s advice not to follow Mr. Martin and he chased
the teenager, engaged in a fight and shot him in the heart.
To stave off an arrest, he lied to
the police, prosecutors said, embellishing his story to try to flesh out his
self-defense claim.
“Punks,” Mr. Zimmerman said to the
police dispatcher after he spotted Mr. Martin, adding a profanity. “They always
get away,” he said at another point in the conversation, a reference to
would-be burglars.
On these words, prosecutors hung
their case of ill will, hatred and spite toward Mr. Martin.
“This defendant was sick and tired
of it,” Bernie de la Rionda, the chief prosecutor, said in his closing
statement. “He was going to be what he wanted to be — a police officer.”
But no one saw the shooting;
witnesses saw and heard only parts of the struggle, and provided conflicting
accounts.
And there was not a “shred of
evidence” that Mr. Zimmerman was not returning to his car when Mr. Martin
“pounced,” defense lawyers said.
The prosecution’s witnesses did not
always help their case. Rachel Jeantel, the 19-year-old who was talking with
Mr. Martin on his cellphone shortly before he was shot, proved problematic. Her
testimony was critical for the prosecution because she said that Mr. Martin was
being followed by Mr. Zimmerman — a “creepy-ass cracker,” he called him — and
that he was scared.
But Ms. Jeantel might have damaged
her credibility by acknowledging she had lied about her age and why she did not
attend Mr. Martin’s wake. She also testified that she softened her initial
account of her chat with Mr. Martin for fear of upsetting Ms. Fulton, who sat
next to her, weeping, during Ms. Jeantel’s first interview with prosecutors.
Prosecutors also were not helped by
the police and crime scene technicians, who made some mistakes in the case. Mr.
Martin’s sweatshirt, for example, was improperly bagged, which might have
degraded DNA evidence.
Typically, police testimony boosts
the state’s case. Here, the chief police investigator, Chris Serino, told
jurors that he believed Mr. Zimmerman, despite contradictions in his
statements.
Still, prosecutors had emotion on
their side — the heart-wrenching narrative of a teenager “minding his own
business” who was gunned down as he walked home with a pocketful of Skittles
and a fruit drink.
“That child had every right to do
what he was doing, walking home,” said John Guy, a prosecutor in the case.
“That child had every right to be afraid of a strange man following him, first
in his car and then on foot. And did that child not have the right to defend
himself from that strange man?”
Through it all, though, the defense
chipped away at the prosecution’s case. The resident with the best vantage
point of the fight described a “ground and pound” fight, with a person in red
or a light color on the bottom. Mr. Zimmerman wore a reddish jacket.
And a prominent forensic pathologist
who is an expert in gunshot wounds testified that the trajectory of the bullet
was consistent with Mr. Martin leaning over Mr. Zimmerman when the gun was
fired.
“Let him go back,” Mr. O’Mara said
to the jury, referring to Mr. Zimmerman, “and get back to his life.”
On Saturday, the jury did just
that.
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