Is the Trayvon Martin Case about to turn into a crap sandwich ?

In the Miami Herald’s article Grand jury to probe Trayvon Martin killing, there are some things that are making me think this is not going to be the cakewalk to eradicate the Stand Your Ground law.

The first one is obviously that they case goes to the Grand Jury. Brevard County State Attorney Norm Wolfinger decision to go that route may indicate that after careful examination of the evidence presented to them, he cannot afford the political explosion that it surely come if he said that there is nothing indicating that the shooting was not within the parameters of the law. Wolfinger, a Republican is up for re-election this year and there is already a Democrat registered to contest him.  Even though there are more registered Republicans than Democrats in Seminole County, the number of Independents can shift an election. Leaving the decision to the Grand Jury to charge or not Zimmerman with a crime shields him from a possible fallout.

The second is the statement given by the Department of Justice.

“The department will conduct a thorough and independent review of all of the evidence and take appropriate action at the conclusion of the investigation,” the Justice Department said in a statement. “The department also is providing assistance to and cooperating with the state officials in their investigation into the incident. With all federal civil rights crimes, the government must prove beyond a reasonable doubt that a person acted intentionally and with the specific intent to do something which the law forbids — the highest level of intent in criminal law.

“Negligence, recklessness, mistakes and accidents are not prosecutable under the federal criminal civil rights laws.”

The last part caught my attention. It sounds like DOJ is already preparing the table to say that the case does not fall under federal purview. Not being a lawyer, I’d say that if he is brought to trial, the prosecution will aim for manslaughter instead of murder. It would be much easier (and if the evidence says so) to obtain either a conviction or a plea deal. Still it would be pushing it. The definition of manslaughter according to Florida Statutes is “The killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification.”  So, it is very possible that DOJ already perused the Martin case file and thought it would be best to add that little disclaimer.

The last bit is also very interesting:

Police Chief Bill Lee told The Miami Herald that he was comfortable that his investigators were fair and thorough.

“I can say very confidently we would welcome any outside entity that wants to come look at what we did,” Lee said last week. “They are welcome to come here and look at it. We have not done anything but conduct a fair and complete investigation.”

The amount of pressure that Chief Lee must be under has to be monstrous. Yet his stance has remained firm from day one and even inviting the State and the Feds to review his investigation. So either he is totally nuts or he has all the ducks in a row and knows that it will survive any inquiry. And it it indeed survives the inquiry, that would mean Zimmerman will walk free.
And in case you have not been paying attention, the media frenzy is not about the alleged unlawful killing of a young black male but about the Stand Your Ground Law. Since it became part of the Florida Statutes in 2005 (yes, it has been in the books and applied for the past 7 years) Anti Gunners and Liberal prosecutors have hated it with relish. A case that was perceived as barely within the law but had a probable racial component was too good to pass up.

5 Replies to “Is the Trayvon Martin Case about to turn into a crap sandwich ?”

  1. The news coverage does indeed seem more about the Stand Your Ground law and all the bad stuff the anti gunners say about it than the actual situation.

    Let it go to a grand jury and sort out the facts. I’m leaning toward prosecution of this guy, but its only from what I read in the media. I suspect that I am reading a very biased side to this story. If it is indeed the truth, then prosecute him to the fullest. If not, have the feds and state investigations do their job and tell the whole story as to what happened.

    The amount of fury the media is whipping up is outrageous. The reason why that law exists is to protect people like the guy in Iowa who spent 14 months in jail and was evicted from his apartment (with all his stuff thrown on the curb by his landlord) but was eventually declared not guilty in court. You don’t see a media frenzy over what happened to that guy since it doesn’t fit the per-determined narritive.



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