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 …

Shy to a Fault

All my life, I have been shy to a fault.

People don’t realize it; when I share it in workshops or in places where I speak, people literally laugh and say they don’t believe me. I am so animated when I speak or present, it’s hard for people to believe that when I am done, I crawl into a shell.

I have always done it.

While there is nothing wrong with being shy, I write this to ask any of you who are shy not to let it compromise your life and your possibilities, as I have.

I have not made friends with people as a rule. I have not fostered and cultivated professional relationships. I have not mingled with people of my profession much, getting to know them, and allowing them to know me.

For the years I was a pastor, I basically went to church, did my “church work,” and go home. Oh…I did raise my children, and did quite well at that, I am pleased to say. But I did not build relationships. I did not diversify the palette of my life.

My therapist ( yes, I see one regularly) said that I made my world too small. Isn’t that a wonderful description of what being shy does?

Where in the world does the shyness come from? Is saying I am shy another way of saying I am insecure, or not confident?

I can remember once I went somewhere to preach. I got there early, with a friend, and was led into a roomful of women I didn’t know. I looked around, and the woman was whisking my friend to another area of the building. I wanted to die! There were all these women whom I did not know. They were well-dressed and articulate …and it felt like their heads were blowing up into huge balloons right in front of me; it felt like the balloons were coming toward me! I could not run out. I told myself that …and so I made myself walk to the balloons and, in talking, was able to stick a pin in them so that the big heads shrunk down to normal. I found that I could talk with these women; I found out that I had much to say and that they listened, but I will never forget the terror of those few moments.

Since then, I have been practicing not being shy. Some people from my former church would see me in a crowd, “working the room,” and would encourage me. That meant a lot. Someone knew I knew this particular weakness of mine, and saw that I was trying to meet it … and, in effect, beat it.

But the bottom line is that I have hurt my life and my career by being so shy. I told/taught my children not to be like me, and thank God, they have listened. I have gone to the best schools, but didn’t connect with people. They, too, have gone to the best schools and have connected with people, have good friends all over the country, and are nurturing the relationships they have made even as they make new connections.

I told you I raised my children well.

I write this because this morning I wept for a few moments as I dealt with seeing myself “face to face.” Sometimes, I like what I see. This morning, I did not.

But the little weeping spell is over. I decided to write because someone else, a young person with lots of gifts and talent, is hiding under a bushel somewhere.

Please come out. The world needs you.

A candid observation …

One Group Forward, Another Group Back

The United States Supreme Court did the right thing, I believe, in striking down the Defense of Marriage Act (DOMA), clearing the way for members of the LGBT community to get the rights they deserve as American citizens. As more and more states lose their resistance to allowing same-sex marriage, the rights of these couples will finally be treated with dignity and will be entitled to federal benefits that heterosexual married couples now enjoy. Some religious folks are decrying the decision, insisting that the Bible says marriage is supposed to be between one man and one woman but the decision of the Supreme Court really did make justice possible for one group of people who have been too long discriminated against.

But while the LGBT community enjoyed a victory, African-Americans suffered a serious setback. In effectively striking down the guts of the 1965 Voting Rights Act, the Supreme Court invalidated the work over the years by activists to make sure the right of African-Americans to vote was protected. The high court left the door and the way open for dishonesty and hate-based-on-race to have its way …again. The blood, sweat and tears – literally – of activists, black, white, Christian, Jewish – was dishonored by a court whose chief justice, John Roberts, said, “our country has changed.”

It brought me to tears.

Voting is about power, and from the outset, some people in some states, historically, knew that all too well. To allow the growing population of African-Americans in the South to vote would upset and challenge the balance of the white power structure. To guard against that, ridiculous, immoral, unethical and disingenuous “tests” were set up to weed African-Americans out. People were asked to tell how many jelly beans were in a jar; they were given literacy tests by many who were themselves illiterate. They were given tests on the United States Constitution. Some blacks would stand in line to register to vote for hours only to get to the registration point and either be turned away because they “failed” one of these tests or to find that voting registration was closed for the day.

The court specifically struck down Section 4 of the Act, which required specifically named states to get pre-clearance from the Justice Department before they made changes to requirements and procedures for voting, to change polling places, or redrawing electoral districts. Congress in 2006 renewed the act, extending the preclearance requirement for 25 years. Now, however, the states that were named have been released from the requirement that they be monitored and get preclearance (Section 5). Federal attorneys can go to individual states and see what they are doing, but clearly, states will have more freedom to do as they wish, hoping that they are not “caught.”

Politics is about power, not about people. In spite of our founding documents saying that government is “by the people, of the people and for the people,” the reality is that those words, that stated belief, is not really true. Far too many American people suffer from a democracy and democratic principles that do not extend to them. While the Congress gets up in arms about democracy needing to work and/or be established in foreign countries, democracy in America is in intensive care.

The Supreme Court this week pushed one group, the LGBT community, move forward while simultaneously pushing another group, African-Americans, back. The court showed notable sensitivity to the group, and familiar and painful insensitivity to another.

The struggle continues. It just never ends. Racism, and the inequality it metes out, is America’s cancer. It resists all efforts to get it out of the life-blood of American society.

A candid observation…

On Forgiveness

Some years ago, I wrote a book entitled, Forgive WHO? The book dealt with the difficulty of forgiving the people who have hurt us most, based on the directives by God to do so – not just once, but over and over. It was and is a dastardly “ask,” frankly, and yet God demands it. At the end of the day, we help ourselves when we forgive those who have ripped our very souls to shreds. Holding onto the anger and hurt at having been done wrong does nothing good for us. The need to be “right” seems to, be physically, emotionally and spiritually damaging.

So it is with interest that I have been watching the Paula Deen debacle. She has apologized…and is asking forgiveness from those whom she offended. The ball has been thrown into the court of the offended. What they do with it will determine their souls’ lives, not Paula’s.

I am offended by the “n” word; I do not for a moment believe that many white people have used it in public to refer to African-Americans because that word was a big part of American history. It was so much a part of our history that black people called themselves the “n” word, and continue to do so today. It is absolutely maddening to me to hear it used by anyone; kids saying to me to lighten up because it doesn’t mean anything makes me even madder. It is a horrible word and it came from a horrible place of hatred, arrogance and a false sense of superiority of one group over another.

So, I don’t really believe Paula or anyone who says he or she has “never” used that word at some point in their lives.

Some have said that Paula is not sincere in her apology; she is “sorry” only because she was found out, but isn’t that the case with most of us? When we do wrong, we hope we will get away with it. If we get caught, aren’t most of us first “sorry” because we got caught, and only after that “sorry” that we may have offended someone? So if that’s the case with Paula, she’s not all that out of the norm. And if she’s sorry because she is, as Today Show host Matt Lauer suggested, “bleeding financially, that’s understandable too.

But at the end of the day, Paula apologized, and that ought to be enough. For God-fearing, Christ– following people, none of whom are perfect, her apology ought to be enough. We ought to be able to forgive her because …she made a mistake. We all do. We ought to be willing to forgive her because …God demands that we do.

The “n” word is a horrible word; I wish it would go away. Worse, I wish it had never come into being, with all of the negative attachments it has. Nobody had the right to cast black people into such a despicable place, and brand them as less than human. But it was done…and the bleeding from that would has not stopped. We keep pretending that racism is gone, or that the tentacles that racism spawned have disappeared. They have not. The old thoughts, words and attitudes linger; they are like pus that will not stop bubbling beneath our wounds.

Paula Deen is not a bad lady. She is a product of how she grew up, as we all are. It would be good to get this pesky word completely erased from our history and from our present-day, but it is not likely to disappear soon. For what it’s worth, Paula Deen, I forgive you. It’s easier for me if I do. There’s too much work to do to stay stuck on what you said in a deposition. I forgive you and I believe you’re sorry.

Time to move on.

A candid observation …