Can The Feds Go After Zimmerman For Killing Trayvon Martin?

As more and conflicting information comes out on the Trayvon Martin killing by self-appointed neighborhood watch captain, George Zimmerman, history tells us that the probability of a satisfactory decision by a local jury of his peers lessens - regardless of Zimmerman's ultimate culpability in the death of this young man. When Zimmerman strapped on the weapon and ignored the 911 operator, he went down a road of no return as the aggressor, however victim Martin defended himself. The State of Florida should convict him, all things being equal. Of course, we know that equality is a curious thing.

In this light , I went looking for the US Attorney's position, when and if the state of Florida unconvincingly delivers justice, leaving the people to act up and out (into the streets). As it turns out, there is only one avenue whereby Zimmerman finds himself in Federal crosshairs - that of committing a hate crime. And the evidence that convicts him will likely be the 911 recording.

The statute that applies is 18 U.S.C. 249, Hate Crime Acts, enacted in 2009. That statute provides:

a) In General.— (1) Offenses involving actual or perceived race, color, religion, or national origin.— Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

What the Feds will try to show is that Zimmerman killed Trayvon, due to his race. It is important that the two did not know each other, and Zimmerman identified Trayvon by race, and included negative language eluding to his race, 'these guys always get away', and including a potential racial slur.

Certainly, the Feds would rather not intervene, but their response is dependent on the local system generating some credibility, and so far this has not happened. The white Sheriff, who stepped down, admitted that the crime scene investigation was not thorough, and his office has a reputation of bias and laziness. It certainly hurts credibility, all the way around, that George Zimmerman is not on 'ice', rather than walking freely and uncharged nearly a month after the killing.

James C. Collier

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German Court Allows Racial Profiling By Police

"The child keeps repeating Bapa, Bapa! He must be saying his father stole the bike!"

A German court has ruled that authorities can use skin color to carry out non-random identification checks, (here) in circumstances where skin color is indicative of heightened illegality. The court was responding to the case of police checking ID's on a train route commonly used by dark-skinned illegal immigrants.

So seriously, if dark-skinned German youths are indicated in bicycle thefts, the kid might really have something to worry about. "Uh, I must have dropped my ID when I went pottie, offizier - you gotta' believe me!"

James C. Collier

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Tiger Wood's Real Challenge, Not Nicklaus, But Growing Up

After Accusations, Sex Scandals, Car Crashes, Divorce, Injuries, and 30 months of losing, Tiger Woods has finally won a golf tournament, but that was the easy part. While the surface layer of the golf world can now credibly discuss Wood's hunt for Jack Nicklaus' record of 18 major tournament wins, even that monumental challenge will be far easier than redeeming his place as one of the greatest sports athletes that ever is/was. The reason for this is simply illustrated. Ali's greatness had to do with his boxing skill, coupled with the man he grew to be, both while boxing, but well after he hung up his gloves for good. You can't separate the person's impact from their professional accomplishments.

Tiger is a golf champion, no doubt, but he is a poster child for arrested emotional development. He has done little or nothing over the last thirty months to signal to people that he is on any comeback as a man, if he was ever there to begin with. And for the record, building yourself an estimated sixty-million dollar bachelor pad (here), is a big step in the wrong direction to growing up (IMHO).

James C. Collier

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Zimmerman Fails Test Of Self-Defense In Trayvon Martin Killing

George Zimmerman claims that young Trayvon Martin attacked him, thereby justifying his use of deadly force, in killing him. As proof, the Sanford Police point out the grass stains on Zimmerman's back, as though he was on the ground. They point out Zimmerman's injuries, including a broken nose and other bruising, as evidence of defense. Zimmerman may have been attacked, but the real question is if that attack was provoked by his own actions of threat and deadly force (pursuit and possession of a deadly weapon)?

In rebuttal to the Sanford Police, it seems that when one person pursues another while possessing a deadly weapon, the pursuer becomes an antagonist of deadly potential, by absolute definition, and nothing short of breaking off the pursuit can reset the roles. If I attack a bear and that bear subsequently chases me down and claws me, is the bear now the aggressor? No. The aggressive response of the bear is in defense of its life, and justifiable.

Similarly, the probable aggressive response of Trayvon Martin to George Zimmerman's pursuit of him, including Zimmerman's possession of a deadly weapon, does not prohibit young Martin from aggressive defense of his life. In fact, Martin's response is predictably that of someone in fear of their life.

Zimmerman created and controlled all facets of the situation by which he took the life of another person. The only question is how much of his preparation, and actions leading up to the killing, were pre-meditated.

James C. Collier

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Damn Hoodies, Suspicion, And Common Sense: Trayvon Martin

Let's be clear, there is nothing wrong with hoodies. However, this does not mean that my parents would allow them at the dinner table. Hoodies worn to keep the head warm is one thing, but when used as a device to conceal identity, now that's a whole other kettle of fish.

In graduate school, I used to wear my hoodie (off my head) into the Harvard Coop in the fall/winter, just hoping the staff would accost me the way they did the local black kids dressed the same. It bothered my former spouse that I would dress, as a grown man, so 'poorly' to go to the Square, but the profiling always bothered me more.

However, as much as it pains me, Geraldo Rivera's concern is right (here). In less than a hot minute, (except if we are at home) I would tell my son to pull down the hood, pull up the pants, AND take your damn hands out of your pockets! My dad said those very words to me many times. Dead black men/boys can't protest!

Looking like you are about to rob a place or somebody is not smart. However, walking down the street with a beverage and candy, hoody-on or not, is not menacing. To this my old man more likely would have asked why I was acting like it is cold when it is 70 degrees outside.

The bottom-line. There are types of behavior that should draw suspicion. Overcoats in the summer, dark glasses at night, loitering near places that are easily robbed. Baggy clothes that might conceal a weapon always catch my eye. Hoodies 'up' indoors. But this is not a kid walking down the street minding his own business.

To this day, I do not wear sunglasses indoors and I am mindful of how I appear upon entering establishments, especially banks. It's just common sense in a world where simply being black can be a threat.

Trayvon Martin should be alive today!

James C. Collier

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Florida Stand Your Ground Law Will Not Protect Zimmerman, Lawmakers Say

The Florida lawmakers of the "Stand Your Ground" law that Sanford, FL police authorities are using to avoid arresting George Zimmerman, admitted killer of young Trayvon Martin, are quoted as saying, "This law is for innocent, law-abiding citizens who are under attack by a perpetrator. Anyone who is out pursuing and confronting people is not protected by this statute. I think they (the Sanford Police) need to go back and read the statute".

"I don't see why he hasn't been arrested," said Sean Caranna, executive director of Florida Carry, a gun rights group. Caranna also said, "Being the neighborhood watch guy doesn't give you carte blanche to stop and question every guy you see walking down the street".

"You cannot provoke the confrontation. You cannot be the instigator and then claim 'stand your ground,' said Scott Sundby, professor at University of Miami law School.

James C. Collier

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Trayvon Martin Killing: America's Nightmare

After eighteen days, some answers are finally beginning to come out (here) about this tragic killing in Sanford, FL, just beyond Orlando. The fact that the unarmed young man, Trayvon Martin, was black and his pursuer/killer, a 9mm-armed, white, neighborhood watch captain, yet charged, only makes the whole damn thing all the more vexing. It is clear that the police have their own agenda, which may center on explaining why this neighborhood vigilante was allowed to have a gun and walk the streets, in the first place.

The Sanford Police released the 911 recording today, made through the assailant's cell phone, beginning with seventeen year-old Trayvon 'looking suspicious' walking down the street with skittles (candy) and a soft-drink, and ending with him seemingly begging his eventual killer to stop. Even though the 28 year-old shooter, George Zimmerman, was instructed by the 911 operator to stop following the boy, Zimmerman ignored this and ultimately shot and killed the youngster, to the claim of self-defense.

The recording is already painting a picture that should push calls for second-degree, possibly first-degree murder. The police delay in arresting Zimmerman, while infuriating, will surely invite state and federal authorities into the investigative/prosecution mix, which will be good. Small southern towns are not known for their even-handed investigations and prosecutions.

I ache for Trayvon's parents, as I am continually forced to remain vigilant, with my own son, to all the challenges ready to snatch away the future of young boys/men still buying candy and dreaming about their futures.

Stay Tuned.

Update 3/20: "The U.S. Department of Justice and the FBI have opened an investigation into the "facts and circumstances" surrounding the killing of Trayvon Martin."

James C. Collier

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