My commentary today is jampacked with questions. As I ask in the title...what did Trayvon Martin do wrong? Nobody... nobody...not George Zimmerman...or anybody else...can say what it was...that Trayvon Martin did wrong. So then...why is he dead? Why did George Zimmerman shoot and kill Trayvon Martin? And how is George Zimmerman not "guilty" of something for killing him?
On Saturday night, July 13th, 2013...after deliberating for 16 hours and 20 minutes...a jury of 6 women - 5 of which were caucasion...and one that was described as being either African-American or Hispanic...found George Zimmerman to be "not guilty" in the 2nd degree murder trial of the Sanford, Florida, neighborhood watch leader. The jury also declined to convict Zimmerman on a lesser charge of manslaughter. And now...after sixteen and a half months since the February 26th, 2012 shooting...George Zimmerman is free. But is he?
Following his acquittal...Zimmerman is now receiving death threats. Thousands and thousands of "likes" have been posted on a "Kill Zimmerman" Facebook page...and the hashtag "#killzimmerman" has been tweeted by many users on Twitter.
Twelve days of emotional testimony has now led to Zimmerman fearing for his own life. "He has always feared for his safety...and we have always feared for his safety and our safety as a family. Clearly, he is a free man in the eyes of the court, but he's going to be looking around his shoulder for the rest of his life," Zimmerman's brother, Robert Zimmerman, Jr. told CNN.
Whether a person agrees or disagrees with the verdict, threatening the acquitted Zimmerman is not how he should be treated. We, as Americans, must accept this jury's decision. We may not believe it to be the right decision...we may not agree with it...but our system of justice has ruled. Sometimes a jury is correct. Sometimes it is wrong. But sitting in a jury box is not an easy task. An old friend of mine - who has been a member of a jury that heard testimony in another murder trial - recently informed me that "That experience was the most heart wrenching and emotional two weeks of my life. Jurors do take this obligation very seriously." I'm sure they do.
For whatever reason...the jury in the George Zimmerman trial believed that Zimmerman's actions were necessary as a means of self-defense. I, however...do not agree.
New York City Mayor Michael Bloomberg wrote, "Shoot First Laws like those in Florida can inspire dangerous vigilantism and protect those who act recklessly with guns. Such laws (enable) people to shoot first and argue justifiable homicide later."
The Stand Your Ground Law in Florida states that a person may justifiably use force in self-defense when there is reasonable belief of an unlawful threat. Trayvon Martin was an unarmed, 17-year old kid...who was shot and killed. What was the unlawful threat? How was killing him...a justifiable use of force?
Reverend Al Sharpton said it best on the Sunday, July 14th, 2013 edition of NBC's Meet The Press with David Gregory. "An unarmed teenager...who committed no crime...can be killed...and the killer can say...'self-defense.' That is dangerous. That is an atrocity. I think every American ought to be afraid that (their) child can do nothing wrong...and can be killed...and (the killer) can use self-defense."
Why did the jury not consider - at the very least - the lesser charge of manslaughter? They had that option. Well, one of the jurors...who has only been identified as Juror B37...spoke earlier this week... exclusively with CNN's Anderson Cooper on his Anderson Cooper 360 program. In that interview...the juror stated that she wanted to find George Zimmerman guilty of "not using his senses" but realistically "you can't charge him with anything because he didn't do anything unlawful. He was justified in shooting Trayvon Martin." Juror B37 released a statement to CNN on Wednesday, July 17th indicating that the jury had "no verdict option other than NOT GUILTY...in order to remain within the instructions" by the court...which were based on the laws in Florida. That is why she is hoping that such laws will be "modified"...because "no other family should be forced to endure what the Martin family has endured." Many feel the same way...and protestors are wanting the Stand Your Ground Law to be repealed in Florida. But for now...if you carefully examine the Florida law...the jury did what they were supposed to do. It's unfortunate...but as President Obama said... in a written statement following the verdict..."We are a nation of laws...and a jury has spoken."
Be that as it may...how is it possible...that an unarmed teenager...who was walking home...minding his own business...is shot and killed...but the person who kills him...is not being held accountable? Juror B37 told Anderson Cooper that she believes that George Zimmerman really felt his life was in danger. "I do. I really do. I have no doubt George feared for his life," she said. But how, I ask? How can Juror B37...or any of the jurors, for that matter, feel that way? As I questioned at the outset of this commentary... what did Trayvon Martin do wrong? What did he do to lead George Zimmerman to believe that his life was in danger?
In Florida...if there is reasonable doubt of self-defense...the jury did what they needed to do. Do I agree? I certainly do not. The Stand Your Ground Law needs to be changed.
Trayvon Martin's rights were obviously violated. He was followed...even when the police dispatcher in Sanford, Florida told him not to continue. Zimmerman was advised to stay in his car. But no...he wouldn't listen. George Zimmerman presumed that Martin was suspicious. But why? Because he was a young, black male...walking in a suburban neighborhood...through the darkness of night...while wearing a hoodie?
If Trayvon Martin was white...not black...would George Zimmerman have stalked him? If Trayvon Martin was white...not black...would George Zimmerman have waited for the police...and not gotten out of his car? If Trayvon Martin was white...not black...would George Zimmerman have done nothing at all?
Did George Zimmerman profile Trayvon Martin because of his African-American race? There was no evidence in the murder trial to prove such action...but a federal hate crime trial...or even a civil lawsuit...may provide us answers...that to this point...have not been given. After all...in a civil lawsuit...Zimmerman may be forced to testify. There is certainly a tremendous amount of explaining that I...and millions of other Americans... want to hear from George Zimmerman. There have been too many inconsistencies...regarding the night Trayvon Martin was killed. America... Sanford, Florida...and most importantly...Trayvon Martin's family...are entitled to know exactly what happened. But even on the witness stand...will George Zimmerman tell the truth...the whole truth...and nothing but the truth? He's already been found "not guilty" in the murder trial. In a civil suit...going to prison is not a possibility...but George Zimmerman would have to pay money damages. That won't bring back Trayvon Martin...but at least some justice would be served in some small way. As for a hate crime trial...if one becomes a reality...does anyone really think that George Zimmerman would incriminate himself? Another jury, however, may come to a conclusion that is different from that of the jury in the murder trial.
Meanwhile...demonstrations throughout America...which began as peaceful protests - from New York to California - following the Zimmerman verdict... became violent in Los Angeles on Monday night, July 15th...which resulted in several incidents of assaults and more than a dozen arrests.
From the average citizen to civil rights groups to some Members of Congress...there's pressure on the Department of Justice to charge George Zimmerman under federal civil rights laws...and Attorney General Eric Holder says an investigation is underway to determine whether such a charge can stick...if it is made. Federal prosecutors would have to prove that George Zimmerman was motivated by racial animosity when he shot and killed Trayvon Martin. Racial hatred was not evident in the murder trial, but that doesn't mean the feds can't prove differently. Juror B37 told Anderson Cooper that race was not a factor when deliberating whether Zimmerman should be found guilty or not guilty...and double jeopardy does not apply if the Justice Department moves forward with a hate crime case.
You may recall that in 1992...a jury in California acquitted four Los Angeles police officers, who were accused of beating Rodney King. However, under federal law...two of the cops were convicted for violating King's civil rights.
Why did George Zimmerman get out of his car? Why did he go after Trayvon Martin when he was told by a law enforcement official to wait for police and to do nothing else? Four times throughout this commentary...I have referenced the fact that Trayvon Martin was "unarmed." With the "not guilty" verdict of George Zimmerman...how can any young person of the African-American race...believe they are safe...and that the United States' system of justice will protect them? Think about this? Suppose Trayvon Martin was able to get the gun out of George Zimmerman's hand...and it accidentally went off...killing George Zimmerman? Would a jury have found Trayvon Martin to be not guilty? I wonder.
Why must the issue of race...be an issue...in the 21st century? Why is there still so much hatred towards blacks in this country? Another old friend of mine remarked this week that, "If there is one thing that I've realized in the days since the Trayvon Martin trial...is that racism is not only still part of the U.S....it is raging and flourishing. All you have to do is read the comments on any news story on the trial and...I can guarantee you...your stomach will flip." Obviously, The Reverend Dr. Martin Luther King, Jr.'s "dream" has not fully been realized...despite the fact...that as a nation...we have twice elected...an African-American to be President of the United States.
"You know...if I had a son... he'd look like Trayvon," said President Obama on March 23rd, 2012...about a month after Trayvon Martin was killed.
The death of Trayvon Martin was tragic and unnecessary. I cannot believe that George Zimmerman killed Trayvon Martin in self-defense. But in these United States of America...we must have faith in our system of justice. And faith in the reasons we have certain laws. And that includes our civil rights laws. Remember what I have said now...five times...Trayvon Martin was a black, "unarmed" teenager. The jury may have found Zimmerman to be "not guilty"...but how can George Zimmerman be innocent of a crime...when Trayvon Martin...is dead? This case is far from over. A jury did not find George Zimmerman to be guilty of murder or manslaughter...but either in a federal, hate crime trial...or a civil lawsuit...George Zimmerman will be held responsible...for the wrongful death...of Trayvon Martin. And hopefully...the law that allowed George Zimmerman to kill Trayvon Martin...will be changed... so that no other mother...no other father...no other brother, sister, family or friend...of any other person...no matter what color their skin is...will have to suffer and grieve...as the families and friends of Trayvon Martin have been doing...and will continue to do...for the rest of their lives.
And that's The Controversy for today.
I'm Gary B. Duglin.
"We'll talk again."
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