Zimmerman’s Attorney has Offensive Strategy

 There are several things which are troubling about the George Zimmerman trial, but the most recent include blaming Trayvon Martin for his own death,  and making the case that because a toxicology report showed that he had marijuana in his system that he might have been behaving in such a way that may have forced Zimmerman to act in self-defense.

When Mark  O’Mara, Zimmerman’s attorney, said to Sybrina Fulton, Trayvon’s mother, that Trayvon may have caused his own death, it reminded me of countless trials where women, raped, were blamed in court, for their assault.  Because of what a woman wore, or how she carried herself, or her sexual history, defenders of rapists were quick to suggest – and, apparently, juries were just as quick to agree – that the woman brought about her attack. It has always been offensive to hear that in rape trials; it is equally as offensive to hear in this second-degree murder trial. Because Martin may have defended himself against a man whom he did not know who was following him, O’Mara is suggesting that Martin was the aggressor. His death, if the reasoning is followed, was his own fault.

It is a totally offensive premise and suggestion.

The second issue is the suggestion that the presence of marijuana in Martin’s blood somehow contributed to behavior which was suspicious. It is a ludicrous argument. If the presence of marijuana in one’s bloodstream made people act “suspicious” to the degree that he or she had to be followed and observed for possible criminal behavior, there would be few students in high schools or college. O’Mara is a brilliant attorney and is doing a good job for his client, but at what cost?

In an article that appeared on U.S. News on NBCNews.com in March, 2012, it was stated that an empty baggie that contained residue of marijuana was found in Martin’s locker at his high school. (http://usnews.nbcnews.com/_news/2012/03/26/10872124-trayvon-martin-was-suspended-three-times-from-school?lite)  In that article, a family spokesman said that there was no substance found. Toxicology reports, however,  have apparently showed that the teen had marijuana in his system the day he was killed by Zimmerman.

In spite of research that shows that marijuana use does not make one aggressive – or indeed, has little effect on behavior at all, it is clear that O’Mara is going to make the case that young Martin was a “drug user,” lumping him in with those who use drugs that do in fact cause violent and aggressive behavior. It is no secret that young black youth are searched and punished for severely for marijuana possession, but that fact will be glossed over. It is also a fact that many teens use marijuana on a fairly regular basis.  In an article which came out in December, 2012, it was stated that :Marijuana use is holding steady among eighth, 10th- and 12th-graders in the United States.”  ( http://thechart.blogs.cnn.com/2012/12/19/marijuana-use-holds-steady-among-u-s-teens/) .It’s not just teens, the article stated; it’s kids as young as 8th grade! The article said that statistics proving marijuana use increase was gotten from studying 45,000 8th, 9th and 10th graders. In other words, a whole lot of kids smoke marijuana.

But O’Mara’s job is to get his client off, and it feels like there will be no justice for Martin. The young man will be made out to be a “druggie” who was probably, as Zimmerman said, “acting suspicious.”  Martin’s mother said in a TIME article in 2012, “They’ve killed my son. Now they’re trying to kill his reputation.” ( http://healthland.time.com/2012/03/27/did-marijuana-use-sentence-trayvon-martin-to-death/)

What O’Mara is doing is good defense attorney stuff – but it is offensive, as offensive as it is when defense attorneys defend rapists and suggest that the accusing woman brought about her own rape. If anything, it seems like George Zimmerman brought about this entire tragedy by following Trayvon when he was asked not to, but that point is not being argued very effectively by the prosecution.

As a mother, my heart aches for Sybrina Fulton, whose son is dead, and for Gladys Zimmerman, whose son is on trial, but my aching for Fulton is accompanied by anger and a sense of insult that Mark O’Mara has put in the minds of the jurors that all of this was Martin’s fault.

Just like women who have been raped have been reluctant to come forward for fear of a lack of justice, so have been black people been reluctant. Over the years, all-white juries have ignored evidence and convicted black people at will. The killers of Emmet Till got off when it was clear they had killed the young black boy. Mamie Till, Emmet’s mother, had the strength to stand in and through the cloud of injustice that served as the “trial” for her son’s killer’s…in spite of not receiving justice.  Emmet Till was thought to have caused his own death as well, by whistling at a white woman.

The verdict has yet to be announced. It may be that Zimmerman is convicted of something, if not second degree murder, then something, which will make it seem like justice has been done. That is the hope, but it is a dim hope as the defense works to Trayvon seem like a young black thug who brought about his own demise.

It is insulting.

A candid observation …

 

George and Trayvon …and Justice

Trayvon Martin Protest - Sanford
Trayvon Martin Protest – Sanford (Photo credit: werthmedia)

 

 

OK. What is self-defense?

 

In the George Zimmerman trial, the defense is that George shot Trayvon Martin in self-defense. One witness last week said that Trayvon was on top of George Zimmerman. Proof, they say, that the horrific outcome of their encounter was self-defense.

 

But this is where I get stuck.

 

How can the incident have been self defense for George Zimmerman when it is HE who apparently followed Trayvon, in spite of being told by police not to do that?  Did he get out of his car and approach Trayvon, or did Trayvon go over to his car and confront him? If  Trayvon did that, then maybe we can say George was acting in self-defense.

 

But, unless I’ve missed it, nobody has said that. In fact, nobody has said how it is that George and Trayvon got into their encounter! Trayvon wasn’t shot and found at the side of George’s car. The pair was found on the grass. If Trayvon was on top, couldn’t that be indicative of Trayvon having had to fight for his life?

 

Though the criticism of Rachel Jeantel has been met with mixed reviews, and though her appearance in court was unpolished and unsophisticated, her testimony was consistent and honest. This young woman, it seems, would have had no problem saying that Trayvon encountered George, at his car. Her testimony, to the contrary, has her saying to Trayvon, “run!”  From what I’ve read and heard so far, it just seems that George and Trayvon were fighting because George continued to follow Trayvon and finally, got out of his car. One wonders if that happened if Trayvon turned toward what was his father’s apartment, and George, fearing the teen was going to do something wrong, decided to stop him.

 

That some of the television defense attorneys seem so confident about this self-defense claim of Zimmerman is upsetting. There seems to be a great deal of disdain that the case became “political.” But the case begged closer examination from the start. In the history of law enforcement officers and black people, there have been far too many suspicious deaths and questionable arrests with no accountability from law enforcement. That ongoing reality in black, brown and poor neighborhoods has created a spirit of distrust of law enforcement …but in this case, it was law enforcement that told Zimmerman not to follow Trayvon, and it was a detective who wanted to arrest Zimmerman at the outset for manslaughter. In spite of the complaints that the case became “political,” it was a politicization that needed to happen. Zimmerman needed to be held accountable.

 

In the history of black people and the law, the latter has been woefully unjust. If one reads Michelle Alexander‘s The New Jim Crow, or reads the story of how Emmet Till‘s mother pressed for the world to see what the men who killed her son did, one gets a snippet of what has been a painful reality for black people. Historically, it didn’t matter that facts may have clearly indicated that a black person was innocent, or a law enforcement officer had clearly been wrong; blacks were declared guilty and sentenced to long prison terms or death; law enforcement officers went on doing what they had been doing. The system protected them, in a way no less heinous that the Catholic Church has protected priests who molested little boys. That is a hard reality, but a reality nonetheless. If one reads Slavery by Another Name it is again fascinating to see how black people were systematically criminalized as the Convict Lease System sought to have blacks continue to be available for hard labor, in spite of the fact that what was being done by law enforcement – in cahoots with industrial and agricultural enterprises – was illegal. Blacks do not cry salt-less tears; the pain wrought by being treated as criminals by a system which is supposed to mete out justice, is and has been, very real.

 

So, this case, in spite of the complaint of things being “political” needed to come to be. Trayvon’s parents demanded, rightfully so, that there be an arrest so that their son just didn’t disappear and be categorized as just another troubled, trouble-making black kid. Now, if this thing about self-defense can be clarified. Did Trayvon confront George at his car, or did Zimmerman get out of his car and confront Trayvon on the grass?

 

It is a small point, but one that will help some, like me, understand what really happened that evening. Without that, if Zimmerman is acquitted, there will be just another layer of hurt added to the already present history of hurt that black people have carried because of the injustice of the justice system when it comes to blacks.

 

That kind of hurt doesn’t go away. It represents a dream,deferred. The dream is that, in spite of racism, there can be justice for black people. Who was acting in self-defense, really? If we can get that cleared up, then maybe some of us who are not understanding how anyone can say that what has been described is or was a case of self-defense, can relax…and wait for justice.

 

A candid observation …