Killing of Trayvon Martin
| Date | February 26, 2012 |
|---|---|
| Time | 7:09 PM EST (start) |
| Location | The Retreat at Twin Lakes in Sanford, Florida, U.S. (See aerial views of points of interest.) |
| Coordinates | 28°47′35″N 81°19′47″W / 28.79295°N 81.32965°W |
| Participants | George Zimmerman (shooter) |
| Deaths | Trayvon Martin |
| Charges | Second-degree murder[1] |
The fatal shooting of Trayvon Martin by George Zimmerman took place on February 26, 2012, in Sanford, Florida, United States. Trayvon Martin was a 17-year-old African American teenager who was unarmed. George Zimmerman, a 28-year-old multi-racial Hispanic American, was the designated neighborhood watch coordinator for The Retreat at Twin Lakes, the gated community where the shooting took place.[2][3][4][Note 1]
While in his vehicle on a private errand, Zimmerman saw Martin walking inside the community, where Martin and his father were visiting his father's fiancée. Zimmerman called the Sanford Police Department to report Martin's behavior as "just walking around, looking about," which he described as suspicious. Martin was not armed and according to police there was no evidence he was committing a crime. [6] Shortly afterwards, Zimmerman left his vehicle and there was a fight, which ended with Zimmerman fatally shooting Martin once in the chest at close range.[7][8][9][10][11]
When police arrived on the scene, Zimmerman told them that Martin had attacked him and that he had shot Martin in self-defense.[2] Zimmerman was bleeding from the nose and from two vertical lacerations on the back of his head. EMTs treated Zimmerman at the scene, after which he was taken to the Sanford Police Department. Zimmerman was detained and questioned for approximately five hours.[12][13][14] A statement was videotaped, and he was then released without being charged. Police said that they had not found evidence to contradict his assertion of self-defense.[13][15][16]
The circumstances of Martin's death, the initial decision not to charge Zimmerman, and questions about Florida's Stand Your Ground law received national and international attention. Allegations of racist motivation for the shooting and police conduct contributed to public demands for Zimmerman's arrest.[17][18][19] A Special Prosecutor was appointed to take over the investigation, and on April 11 she filed a charge of murder in the second degree against Zimmerman. Zimmerman then turned himself in and was placed in custody.[20][21][22]
Zimmerman was initially released on a $150,000 bond.[23][24]. This was later revoked due to concerns that Zimmerman and his wife had not fully disclosed their financial status during the original bond hearing.[25] Zimmerman voluntarily returned to custody, and on July 5 Judge Lester ordered Zimmerman's bail set at $1 million.[26] On July 6, Zimmerman was released from jail a second time, with stricter stipulations that included staying in Seminole County, submitting to electronic monitoring, maintaining a nighttime curfew, and having no personal bank accounts or passport.[27][26][28]
On July 13, Zimmerman's lawyer Mark O'Mara filed a motion to disqualify Judge Lester due to "disparaging and gratuitous" remarks made in his July 5 bond order, which might impact Zimmerman's ability to get a fair trial.[29][30] The state filed it's own motion in response, criticizing the motion to disqualify for citing "facts that are inaccurate, misleading and/or incomplete", and said the motion to get a second judge replaced absurd.[31]
People involved in the case
Trayvon Martin
Trayvon Benjamin Martin (February 5, 1995 – February 26, 2012) was the son of Sybrina Fulton and Tracy Martin, who were divorced in 1999. He was a high school junior and lived with his mother and older brother in Miami Gardens, Florida.[32][33]
He and his father were visiting his father's fiancée and her son at her townhome in The Retreat at Twin Lakes in Sanford on the day he was fatally shot. Martin had visited his father's fiancée at Twin Lakes several times.[34][35]
Martin was 5 feet, 11 inches tall and weighed 158 pounds at the time of his death.[36]
George Zimmerman
George Michael Zimmerman was born on October 5, 1983, in Manassas, Virginia,[37] and is the son of Gladys (née Mesa) Zimmerman, who was born in Peru,[5] and Robert Zimmerman, Sr., a retired Virginia magistrate.[38][39] He grew up in what his father has described as a "multiracial family".[Note 2] Zimmerman's voter registration record lists him as Hispanic.[40][41]
Zimmerman's height is shown as 5'8" and his weight as 185 pounds on his Seminole County Sheriff's Office Inmate Booking Information dated 4/11/2012.[42] Zimmerman's height is shown as 5'7" and his weight at 200 pounds on the Sanford Police Department Offense Report for 2/26/2012.[43]
In 2009, he moved with his wife to The Retreat at Twin Lakes in Sanford, Florida, a multi-ethnic[44] gated community, where the shooting occurred.[45][46] He was employed as an insurance underwriter prior to the shooting[47] and was in his final semester at Seminole State College for an associate degree in Criminal Justice.[48] His goal was to become a judge.[49]
Sanford Police Department
Bill Lee was chief of the Sanford Police Department at the time of Trayvon Martin's shooting[50] and had held the position since April 2011.[50] The department had previously been accused of protecting relatives of police officers involved in violent incidents with blacks, and the Martin case increased distrust between the police and Sanford's black community.[51]
On March 22, Chief Lee temporarily stepped down from his position due to public criticism over his handling of the Trayvon Martin shooting.[50] In April, the Sanford City Commission refused to accept Lee's resignation and stated, "Lee’s spotless record showed there needed to be further review to determine if he failed in his duties." Lee remained on paid leave until he was fired on June 20, 2012, by Sanford City Manager Norton Bonaparte.[52] Lee responded by stating, "It is disappointing that, in spite of his steadfast commitment to fairness and waiting for the results of a review of the Sanford Police Department and its investigation of the Trayvon Martin case, City Manager Bonaparte has chosen to exercise his rights under the employment contract to terminate my employment without cause... I continue to stand by the work performed by the Sanford Police Department in this tragic shooting, which has been plagued by misrepresentations and false statements for interests other than justice." [53]
On June 26, 2012 the lead investigator of the case, Christopher Serino, was transferred out of the Sanford Police Department's investigative unit and reassigned to the patrol division at his own request.[54]
State Attorneys
Seminole County State Attorney Norm Wolfinger was the prosecutor initially responsible for the case.[55] Wolfinger is responsible for prosecutions in Brevard and Seminole counties, where the shooting occurred.[56] On March 22, 2012, Wolfinger removed himself from the case and requested that the case be assigned to another state prosecutor. Wolfinger stated, “This request is being made in light of the public good with the intent of toning down the rhetoric and preserving the integrity of this investigation.” [57]
On March 22, 2012, Florida Governor Rick Scott announced his appointment of Angela Corey as the Special Prosecutor in the Martin investigation. [20] She is the State Attorney for Duval, Clay and Nassau counties.[58] After several weeks of investigation, on April 11, 2012 Corey charged Zimmerman with second-degree murder in Martin's death.[59][60]
George Zimmerman's attorneys
Craig Sonner and Hal Uhrig were the first lawyers to represent George Zimmerman.[61][62] They withdrew from the case on April 10, 2012, because Zimmerman was no longer returning their calls.[63]
On April 11, 2012, it was announced that Zimmerman was represented by a new attorney, Mark M. O'Mara,[21] who is board-certified as a criminal trial specialist.[64] O'Mara pointed out that a small number of murder cases actually go to trial, with many cases resulting in a plea bargain. "We're not taking any possibilities off the table how this case gets resolved," he said. O'Mara described the intensely debated encounter between Martin and Zimmerman as resulting in "a deceased child," and also said, "Obviously, it was a horrible intersection of two young men's lives and it ended in tragedy."[65][66] George Zimmerman's defense team has set up a Twitter account, a Facebook page and a website with a defense fund registered with the Florida Division of Consumer Services. O'Mara stated on the website that "Using social media in a high-profile lawsuit is new, and relatively unprecedented, but that is only because social media itself is relatively new. We feel it would be irresponsible to ignore the robust online conversation, and we feel equally as strong about establishing a professional, responsible, and ethical approach to new media."[67][68][69]
Martin family attorneys
Benjamin Crump, the lawyer representing the interests of the Martin family, operates a law firm in Tallahassee, Florida, with his partner Daryl Parks. The firm has eight lawyers who focus on wrongful death, malpractice, personal injury and civil rights.[70][71] In 2006, Crump sued to have the video released in the case of Martin Anderson, a teenager who died at a boot camp run by the Bay County, Florida, Sheriff's Office.[70][72][73] The Martin family is also represented by Natalie Jackson, an Orlando civil rights attorney.[74][75]
Background to the shooting
The Retreat at Twin Lakes is a 260-unit gated townhome community in Sanford, Florida.[76][77] The population in the development is about 49% non-Hispanic white, 23% Hispanic, 20% black, and 5% Asian, according to Census figures.[51] Both George Zimmerman and Tracy Martin's fiancee were renting homes in the development when the shooting occurred.[35] Also coincident with the shooting, Martin was staying with his father's fiancee at The Retreat while Martin served a 10-day suspension from Michael M. Krop High School in Miami.[78]
From January 1, 2011 through February 26, 2012, police were called to The Retreat at Twin Lakes 402 times.[51] During the 18 months preceding the February 26 shooting, Zimmerman called the non-emergency police line seven times. On five of those calls, Zimmerman reported suspicious looking men in the area, but never offered the men's race without first being asked by the dispatcher.[79][80][81] Crimes committed at The Retreat in the year prior to Martin's death included eight burglaries, nine thefts, and one shooting.[82] Twin Lakes residents said there were dozens of reports of attempted break-ins, which had created an atmosphere of fear in their neighborhood. In one case a woman with an infant hid in an upstairs room until the police arrived and scared away the intruders, who had already entered her home and disconnected the television.[48]
In September 2011, the Twin Lakes residents held an organizational meeting to create a neighborhood watch program. Zimmerman was selected by neighbors as the program's coordinator, according to Wendy Dorival, Neighborhood Watch organizer for the Sanford Police Department.[4][83] Zimmerman "once caught a thief and an arrest was made...He helped solve a lot of crimes," said Cynthia Wibker, secretary of the homeowners association.[51]
Three weeks prior to the shooting, on February 2, 2012, Zimmerman called police to report a young man peering into the windows of an empty Twin Lakes home. Zimmerman was told a police car was on the way, and he followed protocol, awaiting their arrival. By the time police arrived, the suspect had fled. On February 6, 2012, workers witnessed two young black men lingering in the yard of a Twin Lakes resident around the same time her home was burglarized. A new laptop and some gold jewelry were stolen. The next day police discovered the stolen laptop in the backpack of a young black man, which led to his arrest. Zimmerman identified this young man as the same person he had spotted peering into windows on February 2.[48]
Zimmerman had been licensed to carry a firearm since November 2009. In response to Zimmerman's multiple reports regarding a loose pit bull in the Twin Lakes neighborhood, a Seminole County Animal Services officer advised Zimmerman to "get a gun" rather than rely on pepper spray to fend off the pit bull, which on one occasion had cornered his wife.[48] Although neighborhood watch volunteers are not encouraged to carry weapons, Sanford Police Chief Bill Lee acknowledged that Zimmerman had a constitutional right to carry his firearm on the night of the shooting. [51]
Shooting and investigation
On the evening of February 26, 2012, Zimmerman observed Martin as he returned to the Twin Lakes housing community after having walked to a nearby convenience store. [84] At the time, Zimmerman was driving through the neighborhood on a personal errand.[8]
At approximately 7:09 PM, Zimmerman called the Sanford police non-emergency number to report what he considered a suspicious person in the Twin Lakes community. [85] Zimmerman stated, "We've had some break-ins in my neighborhood, and there's a real suspicious guy." [48] He described an unknown male "just walking around looking about" in the rain and said, "This guy looks like he is up to no good or he is on drugs or something." [86] Zimmerman reported that the person had his hand in his waistband and was walking around looking at homes.[87] On the recording, Zimmerman is heard saying, "these assholes, they always get away."[88][89]
About two minutes into the call, Zimmerman said, "he's running."[90] The dispatcher asked, "He's running? Which way is he running?"[91] The sound of a car door chime is heard, indicating Zimmerman opened his car door.[92] Zimmerman followed Martin, eventually losing sight of him.[90] The dispatcher asked Zimmerman if he was following him. When Zimmerman answered, "yeah," the dispatcher said, "We don't need you to do that." Zimmerman responded, "Okay."[93] Zimmerman asked that police call him upon their arrival so he could provide his location.[90] Zimmerman ended the call at 7:15 p.m. [90]
After Zimmerman ended his call with police, a confrontation between Martin and Zimmerman took place and ended when Zimmerman fatally shot Martin 70 yards (64 m) from the rear door of the townhouse where Martin was staying.[94][Note 3]
|
Dispatcher: Sanford Police Department. ... |
Sanford Police Investigation
Police officer Timothy Smith arrived at the scene at approximately 7:17 PM. He reported finding Zimmerman standing near Martin, who was lying face down in the grass and unresponsive.[10][13] At that time, Zimmerman stated to Smith that he had shot Martin and was still armed. Smith handcuffed Zimmerman and removed his weapon from him. Smith observed that Zimmerman's back was wet and covered with grass and he was bleeding from the nose and the back of his head.[10][97]
Ricardo Ayala, the second officer to arrive that night, noticed Officer Smith had Zimmerman in custody, then observed Martin lying face down in the grass and attempted to get a response from him. At this time, Sgt. Anthony Raimondo arrived and together with Ayala began CPR. Paramedics from Sanford Fire and Rescue arrived and continued CPR, finally declaring him dead at 7:30 PM.[10]
Other officers who had arrived by this time secured the area and made contact with neighbors in the area and obtained statements from witnesses at the scene. They did not realize Zimmerman had been in a vehicle, however, so it was moved before they could seize it.[98] Zimmerman was treated and released by paramedics while still at the scene of the incident.[10][97] After placing Zimmerman in his police vehicle, Officer Smith heard Zimmerman say, "I was yelling for someone to help me, but no one would help me."[10][99] Zimmerman was then transported to the Sanford Police Department where he was questioned by investigators for approximately five hours.[10][14] The police determined that Zimmerman yelled for help at least 14 times in a 38 second span. [100] The question of who it was calling for help has been disputed since then by others and remains inconclusive. (See Background sounds of yelling for help in 9-1-1 calls)
Martin's body was taken to the morgue where he was tagged as a John Doe as he was not carrying any identification.[16] Martin's father, Tracy Martin, called to file a Missing Persons report early on February 27 and police officers arrived at his fiancée's condo with photographs of his dead son around 9:20 am.[16][101]
Zimmerman was handcuffed at the scene of the shooting and taken to the Sanford police station for questioning, arriving there at 7:52 p.m. according to a police video.[103] His gun, a black Kel-Tec PF-9 9mm semi-automatic pistol, taken from him by Officer Smith at the scene, was placed into evidence.[11][104]
Zimmerman was interviewed by Investigator D. Singleton and by Detective Chris Serino on the night of the shooting. [10][105] He also underwent voice stress analysis, a type of lie detector test, on the night of the shooting. [98] Crime Scene Tech D. Smith photographed his injuries and hands and collected gun shot residue. Zimmerman's clothes were taken as evidence after his wife arrived with a change of clothes.[106] The day after the shooting ZImmerman performed a videotaped reenactment of the incident for police. [98]
Zimmerman was not given a drug or alcohol test.[13] Peter Bella, a retired Chicago Police forensic investigator, told the Washington Times, "Except for DUIs, police cannot test suspects for drugs or alcohol, unless the accused demands or consents to it, or they get a warrant".[107][108][109]
The Martin family alleged that Seminole County Attorney Wolfinger met personally with Sanford Chief Lee on the night of the shooting and instructed Lee not to make an arrest. Based on their accusation, the Martin family requested that the Justice Department investigate the State prosecutor's office. Wolfinger responded that the accusations were "outright lies" and denied that any such meeting or communication took place. Wolfinger's office reported that the Sanford police consulted with Kelly Jo Hines, the prosecutor on call the night of the shooting, but it has not been disclosed what was talked about.[110]
On March 12, 2012, Police Chief Lee turned the investigation over to the State Attorney's office for review. [111] Lee said there was not enough evidence to arrest Zimmerman. "In this case Mr. Zimmerman has made the statement of self-defense," Lee said. "Until we can establish probable cause to dispute that, we don't have the grounds to arrest him." In response to criticisms of the investigation, Lee responded that "We are taking a beating over this" and defended the investigation.[112] "This is all very unsettling. I'm sure if George Zimmerman had the opportunity to relive Sunday, February 26, he'd probably do things differently. I'm sure Trayvon would, too."[51]
On March 13, 2012, Chris Serino sent a capias request to the state's attorney recommending charges of negligent manslaughter against Zimmerman.[113][114][115] The capias states, "the encounter between George Zimmerman and Trayvon Martin was ultimately avoidable by Zimmerman, if Zimmerman had remained in his vehicle and waited the arrival of law enforcement or conversely if he had identified himself to Martin as a concerned citizen and initiated dialog (sic) in an effort to dispel each party's concern". "There is no indication that Trayvon Martin was involved in any criminal activity at the time of the encounter."[116] The State Attorney's office initially determined there was insufficient evidence to charge Zimmerman and did not file charges based on the capias request. [115][117][118]
On March 16, Serino told the Orlando Sentinel that his investigation had turned up no reliable evidence that cast doubt on Zimmerman's account, that he had acted in self-defense. "The best evidence we have is the testimony of George Zimmerman, and he says the decedent was the primary aggressor in the whole event, everything I have is adding up to what he says."[119]
Further investigation
On March 20, 2012, State attorney Norm Wolfinger announced that a Seminole County grand jury would be convened on April 10 to investigate the death of Martin.[120][121][122] However, after State Attorney Angela Corey was assigned to the case by Florida Governor Rick Scott on March 22, she decided that her office would decide whether to press charges. "I always lean towards moving forward without needing the grand jury in a case like this, I foresee us being able to make a decision, and move on it on our own."[58]
Governor Scott asked the Florida Department of Law Enforcement (FDLE) to investigate the shooting[123][124] and Florida Attorney General Pam Bondi confirmed that the FDLE was involved and stated "no stone will be left unturned in this investigation."[121]
On March 20, 2012, the Justice Department announced that it was opening investigations into the incident.[125] The FBI opened a parallel investigation into whether Martin's civil rights were violated, interviewed witnesses, and looked into Zimmerman's background.[126]
On July 12, interviews conducted by the FBI were publicly released. The Sanford Police Department's lead investigator, Chris Serino, told FBI agents that he believed Zimmerman's actions were not based on Martin's race, but instead on Martin's attire, the circumstances of the encounter, and previous burglaries in the neighborhood. Zimmerman's neighbors and co-workers were interviewed as well. Neighbors who knew Zimmerman had nothing derogatory to say about him and his co-workers were complimentary of him.[127]
Serino also told the FBI that he had felt pressure from three officers within the department to charge Zimmerman although he "did not believe he had enough evidence at the time to file charges", and accused one of these officers of being friendly with Martin's father. He also expressed concern to the FBI about possible leaks of evidence to the media from within the department.[128]
Martin's autopsy report
The Volusia County medical examiner found that Martin was killed by an injury resulting from a single gunshot fired at "intermediate range," between 1 and 18 inches according to a forensic expert. [129] The autopsy also found that Martin had one small abrasion on his left ring finger below the knuckle. No other injuries were found on Martin's body at the time of his death. [129]
The autopsy report stated that Martin had trace levels of THC, the active ingredient in marijuana, in his blood and urine.[130][131] The toxicology report found the levels to be 1.5 nanograms/ml of THC and 7.3 nanograms/ml of THC-COOH, a metabolite of THC that can stay in the system for weeks after cannabis has been smoked.[130][131] Larry Kobilinsky, a professor of forensic science stated that the THC amount was so low that it may have been ingested days earlier and played no role in Martin's behavior. "This kind of level can be seen days after somebody smokes".[132]
Witness accounts
Recordings of eight calls to the police made on the night of the shooting were released by the Sanford police on March 17, 2012.[87][134]
A witness to the confrontation just prior to the shooting stated that Martin was on top of Zimmerman and punching him, while Zimmerman was yelling for help. This witness, who identified himself as "John", stated that "the guy on the bottom, who had a red sweater on, was yelling to me, 'Help! Help!' and I told him to stop, and I was calling 911".[135] He went on to say that when he got upstairs and looked down, "the guy who was on the top beating up the other guy, was the one laying in the grass, and I believe he was dead at that point.".[135][136]
A 13-year-old boy walking his dog saw a man on the ground shortly before the shooting and identified him as wearing red.[137][138][139] His mother later disputed the testimony and claimed that the police pressured him into choosing what color the man was wearing, and that her son could not see any details in the dark. She also stated that the police waited five days before requesting to even question her son and said the lead homicide investigator told her he did not believe the shooting was self defense.[140][141]
Mary Cutcher and her roommate, Selma Mora Lamilla, appeared on AC 360 and Cutcher stated that she believes "there was no punching, no hitting going on at the time, no wrestling" just prior to the shooting, but admitted that she neither saw the shooting nor the preceding altercation.[142][143][144] Cutcher and her roommate heard the pair in their backyard and a "very young voice" whining, with no sounds of a fight. They heard a gunshot; the crying stopped immediately, and they saw Zimmerman on his knees straddling Martin on the ground.[142][144] Mary Cutcher phoned police after the fatal shooting and said the black man was standing over another man, although Trayvon Martin was already dead.[145] According to the Orlando Sentinel article, "Police spokesman Sgt. Dave Morgenstern [on March 15] issued a statement disputing Cutcher's version of events, calling her statements to WFTV "inconsistent with her sworn testimony to police."[146] However, Cutcher and her roommate maintain that their account of the incident to the police did not agree with Zimmerman's, and they demanded the police issue a retraction.[143]
On March 29, 2012, an eyewitness referred to as a male said that he saw two men on the ground scuffling, then heard the shooting, and saw Zimmerman walk away with no blood on him.[147][148] The witness later appeared on CNN AC360 referred to as a female, giving more details on her account. She pointed out that she heard an argument between a younger and an older voice. The whole time she witnessed the incident the scuffling happened on the grass. She said that the larger man, who walked away after the gunshot, was on top, and that it was too dark to see blood on his face.[149]
A witness who arrived shortly after the shooting revealed photos he took that night that showed "blood trickling down the back of Zimmerman's head from two cuts. It also shows a possible contusion forming on the crown of his head". In revealing the photo to ABC News in mid-April, he noted he heard but didn't see the scuffle, but was one of the first to arrive, and was the first to talk to Zimmerman after the shooting.[12]
One eye witness statement given the night of the shooting describes "a black male, wearing a dark colored 'hoodie' on top of a white or Hispanic male who was yelling for help." The witness said the black male was throwing punches "MMA [mixed martial arts] style." After hearing a "pop," he saw the black male "laid out on the grass."[150][151] When the witness was subsequently interviewed weeks later by a different agency, the witness said he thought the black male was either punching or pinning the lighter skinned male underneath him. He was no longer certain who was calling for help, having not seen their mouths in the dark. He was still certain that the black male had been on top of the lighter-skinned male.[152]
On March 20, Martin family attorney, Benjamin Crump revealed that Martin had been on the phone with a friend moments before he was shot.[153][154] During an ABC News exclusive report, Crump allowed portions of his recorded interview with Martin's friend to be aired. She said that Martin told her that a man was watching him from his vehicle while talking on the phone before the man started following Martin. Martin told his friend at one point that he had lost the man but the man suddenly appeared again.[155][153][154] The friend said that she told Martin to run to the townhouse where he was staying with his father and the father's girlfriend.[154] She then heard Martin say, "What are you following me for?" followed by a man's voice responding, "What are you doing around here?" She said that she heard the sound of pushing before the phone went dead. She attempted to call him back immediately, but was unable to reach him.[156] Crump stated that he would turn the information over to the Justice Department because "the family does not trust the Sanford Police Department to have anything to do with the investigation."[153] Martin's friend was subsequently interviewed by state prosecutors on April 2, 2012. During her interview with the prosecutor, Martin's friend recounted her last phone call with Martin and added that Martin had described the man as "crazy and creepy," watching him from a vehicle while the man was talking on the phone. [154] Martin's friend told prosecutors that she heard words like "get off, get off," right before she lost contact with Martin.[154]
George Zimmerman's account of events
On the advice of his legal counsel, Zimmerman did not speak to the media after the shooting.[157] The statements he gave to police investigators were publicly released on June 21, 2012, when Zimmerman's attorney, Mark O'Mara, published his written and recorded statements on Zimmerman's legal defense web site.[158][159][160] Prior to the release of the statements, the only publicly available information about Zimmerman's version of the incident came from interviews with some of his family members and friends and from leaks to the news media by sources inside the investigation, and his recorded phone call to 9-1-1. Zimmerman maintained his public silence until he was interviewed by Sean Hannity of Fox News on July 18, 2012.[161][162] According to early news reports on the incident, on the night of the shooting, and afterwards, Zimmerman described in detail for investigators what took place.[163][164][165][166]
Zimmerman said he was driving to the grocery store when he spotted Trayvon Martin walking through the neighborhood. Zimmerman's father said that, while his son was not on duty that night as Neighborhood Watch captain, there had been many break-ins and he thought it suspicious that someone he didn't recognize was walking behind the town homes instead of on the street or the sidewalk. Zimmerman therefore called a non-emergency police line to report Martin's behavior and summon police.[167][168] During the call, Zimmerman told the dispatcher that Martin was "coming to check me out."[91] A source to the Orlando Sentinel said in May that Zimmerman told investigators that at one point Martin circled his vehicle,[Note 4] and he rolled up his window to avoid a confrontation.[164][169]
After telling the police dispatcher that Martin "ran,"[170] Zimmerman left his vehicle to determine his location and ascertain in which direction Martin had fled.[164][171] The dispatcher asked if Zimmerman was following Martin, and Zimmerman replied "Yeah." Then the dispatcher said, "OK, we don't need you to do that." Zimmerman replied with "OK" and stated that Martin got away.[170] After a discussion about where Zimmerman would meet police, the call ended, and Zimmerman told investigators he was returning to his vehicle when Martin approached him from his left rear and confronted him.[164][165] According to Zimmerman's father, Martin asked Zimmerman, "Do you have a fucking problem?," to which Zimmerman replied "No, I don't have a problem", and while Zimmerman reached for his cell phone Martin said, "Well, you do now" or something similar,[163][165] then punched him in the face, knocking him down, and began beating his head against the sidewalk.[164][165] Zimmerman said he called out for help while being beaten, and at one point Martin covered his mouth to muffle the screams.[164][165] According to Zimmerman's father, during the struggle while Martin was on top of Zimmerman, Martin saw the gun his son was carrying and said something to the effect of “You’re gonna die now” or “You’re gonna die tonight” and continued to beat Zimmerman.[163] Zimmerman and Martin struggled over the gun, and Zimmerman shot Martin once in the chest at close range, in self-defense.[164][165][166][Note 5]
On June 21, 2012, Zimmerman's attorneys released audiotapes of several interviews he had with police shortly after the shooting. Also included were Zimmerman's written statement of February 26, 2012, and video recordings of his reenactment of the incident and a voice stress test that he passed.[172][173][160][174][175]
In the interviews, Zimmerman says he took note of Martin because he was near a home that he had previously called police about. He also said "he was just walking casually, not like he was trying to get out of the rain," and he felt "something was off" about Martin.[169]
Zimmerman said he left his truck to find a street sign so he would be able to tell the police dispatcher where he was. He told investigators that he was not following Martin but was "just going in the same direction he was" to find an address, but admitted that he had also left his truck to try to see in which direction Martin had gone. [171] The altercation began, he said, when Martin suddenly appeared while Zimmerman was walking back to his vehicle. He described Martin at different points in the interviews as appearing "out of nowhere," "from the darkness," and as "jump[ing] out of the bushes."[171][173] Zimmerman said that Martin asked, "You got a fucking problem, homie?" Zimmerman replied no, and then Martin said that he did now, and punched him.[176] As they struggled on the ground, Zimmerman on his back with Martin on top of him, Zimmerman yelled for help "probably 50 times." (See Background sounds of yelling for help in 9-1-1 calls) Martin told him to "Shut the fuck up," as he hit him in the face and pounded his head on a concrete sidewalk.[173] When Zimmerman tried to move off the concrete, Martin saw his gun and said "You're going to die tonight motherfucker!" Martin grabbed for the gun, but Zimmerman grabbed it first. He said after firing his weapon at Martin, he wasn't sure at first that he had hit him, so he got on top of him in order to subdue him.[171][173][177] Bystanders and police arrived shortly afterward. [178][179]
Police reports state Zimmerman "appeared to have a broken and a bloody nose and swelling of his face." Zimmerman was offered three chances to be taken to the hospital, but Zimmerman declined each time, according to police reports released by the prosecution.[178] ABC News reported that a medical report compiled by the family physician of George Zimmerman showed that, following the altercation with Martin, Zimmerman was diagnosed with a closed fracture of his nose, two black eyes, lacerations to the back of his head, a minor back injury, and bruising in his upper lip and cheek.[180]
In the course of Zimmerman's recorded interviews, Detective Chris Serino questioned aspects of Zimmerman's account, such as Zimmerman's statement that he didn't know the name of a street in the Twin Lakes community where he had lived for three years. Zimmerman said in response that he had a bad memory and takes medication for attention deficit hyperactivity disorder.[169] Investigators also questioned the extent of his injuries and why he didn't identify himself to Martin as a Neighborhood Watch coordinator. Zimmerman said he didn't want to confront Martin.[173][169]
On June 26, 2012, the prosecution released the results of a voice stress test performed on George Zimmerman the day after the shooting. [181][182] A voice stress test is a type of test used to measure deceptive or psychological stress in the human voice in response to questions. [183] Zimmerman was asked, "Did you confront the guy you shot?", to which Zimmerman answered, "No." Zimmerman was asked, "Were you in fear for your life, when you shot the guy?", to which Zimmerman answered, "Yes." [181] The examiner concluded that Zimmerman "told substantially the complete truth" in the examination, and Zimmerman was classified as "No Deception Indicated (NDI)" according to the report. [181]
During a bond hearing on April 20, 2012, Investigator Dale Gilbreath testified under oath that he did not know whether Zimmerman or Martin started the confrontation and that there is no evidence to contradict Zimmerman's claim that he was walking back to his vehicle when Martin confronted him. Gilbreath, however, questioned Zimmerman's statement that Martin was slamming his head against the sidewalk just before he shot the teenager, saying it was "not consistent with the evidence we found." [184][185][186] Gilbreath was one of two investigators who attested to the facts stated in the probable cause affdavit.[187]
Legal analysts have stated that Zimmerman's credibility could become an issue at trial and that Zimmerman's claim of self-defense rests on whether the jury can trust him "as a reporter of the facts".[188][189] Douglas Keene, a trial consultant and forensic psychologist, stated that in a self-defense case, a jury has to decide "whether or not someone can be trusted to have used good judgment. Credibility is always a paramount issue in any trial," he said. [188]
Harvard Law Professor Alan Dershowitz, who has criticized Special Prosecutor Angela Corey's handling of the case, said he believes that the video reenactment of the incident would help Zimmerman during a trial if it were submitted as evidence and shown to a jury, but he wasn't sure that it would be. Without going into detail, Martin family attorney Benjamin Crump referred to several alleged inconsistencies between Zimmerman's written statement and his recorded call to the police dispatcher.[171]
Zimmerman's first media interview
On July 18, 2012, Zimmerman, accompanied by his attorney Mark O'Mara, gave his first long media interview to Sean Hannity. Part of the interview appeared on Hannity that evening. During the interview he said that he did not regret his actions on the night of the shooting, but he also said, "I do wish there was something, anything I could have done that wouldn’t have put me in the position where I had to take his life. I want to tell everyone, my wife, my family, my parents, grandmother, the Martins, the city of Sanford and America: I’m sorry that this happened. I’m truly sorry.”[161][162][190]
Following the interview with Hannity, Special Prosecutor Angela Corey filed formal notice that she intends to use the interview as evidence against Zimmerman.[191] According to an article in the Orlando Sentinel, Zimmerman's story differed in at least two details from previous versions of what he said happened the night he shot Martin.[191] Florida defense lawyers said it was a mistake for Zimmerman to do a TV interview and discuss what happened that night. One of them said, "It's really baffling what he thought he'd gain from it. I question who's in charge of the defense strategy, Zimmerman or O'Mara".[191]
Martin‘s parents said they don’t accept Zimmerman’s apology for killing their son.[192] Martin's mother, Sybrina Fulton, said she doubted that Zimmerman's apology was sincere. "I have a hard time accepting it because he also said that he doesn't regret anything that he did that night..." Fulton stated.[193]
Prosecution's account of events
The prosecution's account is largely contained in the affidavit of probable cause filed on April 11, 2012 in support of second-degree murder charges against Zimmerman. A conviction of second-degree murder could result in Zimmerman receiving a prison term of 25 years to life.[1] The affidavit states that it does not contain a complete recitation of facts, but presents only the facts to support probable cause for second-degree murder charges. Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause.[194] The affidavit describes what investigators allege took place between Zimmerman and Martin on the night of the shooting.[6][187][195][196]
The affidavit states that Martin was walking back from a nearby 7-Eleven store to the townhouse where he was temporarily living when Zimmerman profiled Martin, who was unarmed and not committing a crime.[6][187] Prosecutor's stated that Zimmerman was driving in his vehicle when he observed Martin and assumed he was a criminal.[6] Feeling that Martin did not belong in the gated community where Zimmerman lived, he called the police to request for an officer to respond, because he perceived Martin was acting suspicious.[6][187] Investigators said the dispatcher told Zimmerman an officer was on the way and to wait for him.[6][187] In the call, Zimmerman made reference to people he felt had gotten away with break-ins in the neighborhood, and while talking about Martin, stated "these assholes, they always get away" and also said "these fucking punks".[6][187][196]
According to investigators, while Zimmerman was speaking with police, Martin was on the phone with a friend and described to her what was happening. She said that Martin was scared because he was being followed by an unknown male and didn't know why.[6][196] Investigator's said that Martin attempted to run home, but Zimmerman followed him, because he didn’t want Martin whom he falsely assumed was going to commit a crime, to get away before the police arrived.[6][195] When the police dispatcher realized Zimmerman was pursuing Martin, he instructed Zimmerman not to do that and told him an officer would meet him..[187] Prosecutors stated that Zimmerman ignored the dispatcher's instruction and continued pursuing Martin on foot.[194] Investigators said Zimmerman then confronted Martin and a struggle ensued.[6][187]
The affidavit describes witness accounts of hearing people arguing, what sounded like a struggle, and yells for help that were recorded in the 9-1-1 calls to police.[6] According to prosecutors, Martin's mother reviewed the 9-1-1 calls to police and identified the voice crying for help as her son.[197][187] (See Background sounds of yelling for help in 9-1-1 calls) When police arrived at the scene, Zimmerman admitted to shooting Martin in the chest.[6][187] An assistant medical examiner conducted an autopsy and determined that Martin had died from the gunshot.[6][187]
Legal analysts have criticized the prosecution for over-charging Zimmerman, claiming that the probable cause affidavit does not support a charge of second-degree murder.[198][199] Harvard Law Professor Alan Dershowitz claims that the probable cause affidavit may be perjurious if Special Prosecutor Angela Corey knowingly omitted facts favorable to Zimmerman's self defense claims.[198]
Richard Kuritz, a former prosecutor who worked with Angela Corey, said the state attorney had no obligation to include exculpatory evidence in the affidavit. He stated that Dershowitz could face civil action for making accusations that Corey committed a crime. "To suggest that she's committing any crime, Dershowitz is way off on that", Kuritz said.[200]
Background sounds of yelling for help in 9-1-1 calls
In recordings of the 9-1-1 calls, yells for help are audible in the background. Zimmerman’s family says it was Zimmerman yelling for help, Martin’s family says it was Martin yelling for help, and independent audio analysts offer differing opinions as to who was yelling for help.
Independent audio experts vary in their interpretations of the low-quality audio of the phone recordings, which one expert compared to analyzing low-resolution video from a security camera.[201] The FBI was not able to determine whether it was Zimmerman or Martin who could be heard yelling out for help in 9-1-1 calls, citing both poor audio quality and "the extreme emotional state of the person screaming."[202][203] Two expert audio technicians, listed as possible witnesses for the prosecution, analyzed the emergency calls made during the altercation and concluded that the screams did not come from Zimmerman.[204]
In an interview with prosecutors on March 19, Zimmerman's father identified the yells as George Zimmerman's, stating, "There is no doubt who is yelling for help. It is absolutely my son." Other relatives of Zimmerman, including his brother, concur and are equally adamant. [205] During a bond hearing on June 29, the 9-1-1 recording was played in court, and Zimmerman's father testified that "it was definitely George's" voice heard yelling for help on in the recorded 9-1-1 call. [206]
According to police reports, after listening to audio recordings of the 9-1-1 calls, Martin's father, Tracy Martin, told police investigators that it was not Trayvon Martin's voice yelling for help.[178] Martin has since told reporters he was uncertain at that time, but that when he heard an enhanced recording on March 16 he was convinced it was his son yelling for help. Investigators interviewed Martin's mother, Sybrina Fulton, who reviewed the 9-1-1 calls to police and identified the voice crying for help as her son.[197] Investigators also interviewed Martin's cousin who stated that without a doubt "on a stack of bibles" it was Martin yelling for help on the 9-1-1 tape.[207][208]
Shooting aftermath
Martin family response
Tracy Martin was skeptical of the account of his son's death told to him by Sanford police investigators and believed Zimmerman didn't act in self-defense.[16] Two days after the shooting, he was referred to civil rights attorney Benjamin Crump,[16] who was retained to pursue legal action and to persuade the news media to cover the case.[210] Attorney Natalie Jackson and publicist Ryan Julison, both of Orlando, also joined the Martin team.[16] Due to their efforts, the case started to receive national attention on March 7.[16][211] On March 9, Crump announced he was suing to have 911 calls from the night of the shooting made public.[212] They were released by the Sanford mayor on March 16.[16] As attention to the case grew, Tracy Martin and Sybrina Fulton gave media interviews and appeared at some of the protests being held which called for Zimmerman's arrest.[16][209][213]
Zimmerman and family go into hiding
While the shooting was being investigated, Zimmerman, his wife, and his parents went into hiding due to threats they were receiving as the case gained more attention.[157][214] Zimmerman left his job and his school expelled him, citing safety concerns.[215][5] On April 9, Zimmerman placed a self-created web site on the internet, which included some brief statements, but no information about the shooting, since he had been advised by legal counsel not to discuss it. He also solicited donations for living expenses and legal defense costs.[216]
On April 10, 2012, Zimmerman's original attorneys, Hal Uhrig and Craig Sonner, announced at a news conference that they were withdrawing from the case because he wasn't returning their calls and had gone against their advice by creating the web site and trying to speak directly to Special Prosecutor Angela Corey.[63][217][63] Their actions were criticized by media legal experts, including Mark Geragos, Casey Anthony attorney Jose Baez, and NBC's Savannah Guthrie.[218][217] Harvard Law Professor Alan Dershowitz wrote that their public explanation for withdrawing revealed privileged lawyer-client information and may have led to Zimmerman being arrested more quickly.[219] Due to security concerns, neither Uhrig nor Sonner had met Zimmerman in person.[219]
After taking over as Zimmerman's defense counsel on April 11, Mark O'Mara took down Zimmerman's self-created web site and replaced it with a professional information site. He arranged for a second web site to be set up to collect donations overseen by an independent third party.[67] Following Zimmerman's April 20 bond hearing, he and his wife were accused by prosecutors of not disclosing the funds raised through the original web site; as a result of these allegations, Zimmerman's bail was revoked.[25]
Court proceedings
Charges
On April 11, 2012, George Zimmerman was charged with second-degree murder in the shooting death of Trayvon Martin. In support of the charges, the State filed an affidavit of probable cause, stating that Zimmerman profiled and confronted Martin and shot him to death while Martin was committing no crimes.[220] Florida State Attorney Angela Corey announced the charges against Zimmerman during a live press conference and reported that Zimmerman was in custody after turning himself in to law enforcement. [221][1] In Florida, a conviction for second degree murder carries a maximum sentence of life imprisonment. If a firearm was used then the mandatory minimum is 25 years in state prison. [1]
Pre-trial
A hearing was held on April 12, 2012, in which Judge Mark Herr ruled that the affidavit was legally sufficient to establish probable cause. Zimmerman's lawyer Mark O'Mara requested that the court documents, including witness statements and other information, be sealed. The court granted the request.[194][222] Zimmerman's arraignment was scheduled for May 29.[223] O'Mara asked for a new judge on April 16, saying Judge Jessica Recksiedler had a potential conflict of interest, and on April 18, she agreed to disqualify herself. Judge Kenneth Lester, Jr., was appointed by the chief judge to take over the Zimmerman case.[224][225][226]
A motion was filed April 16, 2012, in Seminole County Circuit Court requesting that records in Zimmerman's case file be unsealed. A group of news organizations in Florida, including the Associated Press and The Miami Herald, challenged efforts to seal the records. Information such as full police reports, autopsy reports, and transcripts of witness interviews are normally public under Florida law. "The closure order and the manner in which it was entered are contrary to law," the news organizations said in the motion.[227][228]
A bail hearing was held on April 20 and Judge Lester ruled that Zimmerman could be released on a $150,000 bond.[23] At the hearing, Zimmerman took the witness stand and told the parents of Martin he was "sorry for the loss of your son".[229][230]
Zimmerman was released on bail on April 23, 2012. He was fitted with an electronic monitoring device that revealed his whereabouts in real-time.[24]
Zimmerman's attorney, Mark O'Mara, waived Zimmerman's right to appear at an arraignment on April 23, 2012, and entered a not guilty plea on his behalf.[24]
On June 1, 2012, Judge Lester considered a motion by news media to have the rest of the discovery evidence released. Both the prosecution and the defense requested that many of the records be sealed, including statements given by Zimmerman to the police, but the judge said most of the evidence would be made public within 30 days.[231]
Zimmerman's bond revocation
On June 1, 2012, Judge Lester granted a motion to revoke Zimmerman's bond. The prosecution alleged that Zimmerman and his wife had misled the court by failing to reveal a large amount of money they had received through donations[25] and that they had used a "rudimentary 'code' to discuss the money in recorded jailhouse phone calls—referring to $100,000, for example, as '$100.'"[232] Judge Lester revoked the bond and ordered Zimmerman to surrender himself to the court and remain in custody until his next hearing[233][25] On June 3, Zimmerman voluntarily turned himself in to Seminole County Sheriff's Office personnel in compliance with the court's order.[234][235]
On June 11, 2012, Judge Lester issued a written ruling citing his reasoning for revoking Zimmerman's bond, stating,"This is a serious charge for which life may be imposed; the evidence against him is strong; he has been charged with one prior crime, for which he went through a pre-trial diversion program; and has had an injunction lodged against him ... Most importantly, though, is the fact that he has now demonstrated that he does not properly respect the law or the integrity of the judicial process." A new bond hearing was set for June 29.[236]
On June 18, 2012, Special Prosecutor Angela Corey released six phone calls Zimmerman made to his wife while he was in the Seminole County Jail. In the calls, Zimmerman gave his wife passwords and instructions for the transfer of funds between accounts. The funds represented money people had donated to Zimmerman's defense fund via the web.[237]
On June 29, 2012, Judge Lester heard considerable testimony by the prosecution and the defense as to whether or not Zimmerman should be released on bond a second time. The prosecution repeated allegations that Zimmerman and his wife had attempted to deceive the court about their finances, which Zimmerman's defense attorneys denied. Zimmerman's parole officer testified that Zimmerman had complied with all of his parole requirements and was "a model parolee." Observers commented that both the prosecution and the defense presented what seemed to be "opening statements," as though the trial had already begun. [238]
On July 5, 2012, Judge Lester set Zimmerman's bond at $1 million with several conditions - that he be electronically monitored, reside in Seminole County, have no bank accounts or passport and observe a 6 p.m. to 6 a.m. curfew. Lester said he granted bond "because Zimmerman posed no threat to the community." [239]
On July 6, 2012, Zimmerman satisfied his bond conditions and was released from jail a second time. [27]
Discovery evidence
On May 14, 2012, the defense received a first round of discovery evidence, including 67 compact discs and a list of witnesses, and on May 17, much of it was publicly released. The evidence included audio and video recordings, photos, witness statements, forensic findings, and Trayvon Martin's autopsy report.[240][241] Evidence taken from Zimmerman after the shooting; his weapon, bullets, clothes, a DNA sample, medical records and his cell phone data were also included in the discovery documents.[242] On June 21, the defense publicly released additional audio and video discovery materials. [174]
Among the documents released in May was the prosecution's witness list that included 50 possible law enforcement officers, including 28 officers from the Sanford Police Department, 28 civilian witnesses, including members of Martin's family, two of Zimmerman's friends and his father, Robert Zimmerman. Police technicians in biological and DNA evidence, trace evidence, gunshot residue, fingerprints and firearms, two FBI agents, and two audio technicians were also listed as potential prosecution witnesses.[243]
On June 21, 2012, the prosecution released recordings of two 911 telephone calls placed by Martin's father the morning after the shooting. In the calls, Mr. Martin expressed worry that his son had not returned home, and he inquired about filing a missing person report.[244] On the day the 911 calls were released, the defense released audio and video recordings of Zimmerman's police interviews and reenactment following the shooting.[173]
On June 26, 2012, Special Prosecutor Angela Corey released more evidence including a police report previously released, but not redacted in some areas as before. The report contains the results of Zimmerman's voice stress test,[245] along with Zimmerman's account of the events and written statements.[246]
On July 12, 2012, more evidence in the case was released. It included FBI interviews with people involved in the case, including Sanford police officers and family, friends and associates of Zimmerman. Also released were photos of Martin's bloodied sweatshirt and hoodie with a single bullet hole as well as several phone calls made to Sanford police to report suspicious activity in the six months leading up to his encounter with Martin.[247]
Zimmerman's motion to disqualify Judge Lester
On July 13, 2012, Zimmerman's lawyer Mark O'Mara filed a motion to disqualify the judge in his case. O'Mara said Judge Kenneth R. Lester had made disparaging and gratuitous remarks about his client in his July 5, 2012 bond order, which indicates prejudice on the part of the Court that would impact Zimmerman's ability to get a fair trial.[248][249]
The state's response to the motion criticized it for citing "facts that are inaccurate, misleading and/or incomplete".[31] The defense had said that the judge's statement that he believed Zimmerman had lied to the court at his first hearing "indicates bias against the party". The prosecution said the defense's claim was "ironic," since Zimmerman's attorney had made public statements acknowledging that his client had in fact lied.[31][Note 6]
Public response
After the shooting, Zimmerman was criticized by the Martin family and in the media for following Martin and for carrying a weapon.[251][252][253] Sanford police chief Bill Lee stated that neighborhood watch volunteers are not encouraged to carry a gun but have a Constitutional right to do so.[51] Lee further stated, "Mr. Zimmerman was not acting outside the legal boundaries of Florida Statute by carrying his weapon when this incident occurred."[252] Sanford Police volunteer program coordinator Wendy Dorival, told the Miami Herald that she met Zimmerman in September, 2011, at a community neighborhood watch presentation. “I said, ‘If it’s someone you don’t recognize, call us. We’ll figure it out,’ ‘Observe from a safe location.’ Dorival said.”[51]
Protests were staged around the U.S. prior to Zimmerman's April 11 indictment on murder charges.[23] Over 2.2 million signatures were collected on a Change.org petition, created by Martin's mother, calling for Zimmerman's arrest.[251] It was the website's largest petition ever.[254]
Since Martin was killed while wearing a hoodie, hoodies were used as a sign of protest, and many cities staged "million hoodie marches" or "hundred hoodie marches." Additionally, some professional athletes, including Carmelo Anthony and the entire Miami Heat roster, tweeted photos of themselves wearing hoodies.[citation needed]
Bags of Skittles candy and cans of Arizona Iced Tea were also used as protest symbols. Martin was reported to be returning from a 7-Eleven convenience store with these items when he was shot,[255][256] although the beverage he purchased was actually an Arizona brand fruit drink.[257]
Walkouts were staged by students at over a dozen Florida high schools,[258] and thousands of people attended rallies around the country to demand Zimmerman's arrest.[17] Members of the Occupy movement marched in solidarity during the "Million Hoodie March."[259][260]
A number of high-profile citizens made public comments or released statements calling for a full investigation, including Reverend Al Sharpton,[261][262] Reverend Jesse Jackson,[263] and President Barack Obama,[261]
Speaking on the day of Zimmerman's arrest, Al Sharpton said, "Forty-five days ago, Trayvon Martin was murdered. No arrest was made. The Chief of Police in Sanford announced after his review of the evidence there would be no arrest. An outcry from all over this country came because his parents refused to leave it there."[264][265] Jesse Jackson also referred to Martin as "murdered and martyred."[266] And U.S. Rep. Frederica Wilson (Dem.), who represents Martin’s hometown of Miami, used the word “murdered” when she referred to Martin's fatal shooting. [267]
Herman Cain objected to what he called "swirling rhetoric" and "a war of words,",[268] and former NAACP leader C.L. Bryant singled out Al Sharpton and Jesse Jackson for being "race hustlers" who were exploiting Martin's death "to inflame racial passions." Bryant also criticized President Barack Obama for his "nebulous" comment, "If I had a son, he’d look like Trayvon.” [269][270] Former education secretary William J. Bennett criticized what he called a "mob mentality," saying that "...the tendency in the first days by some, including Al Sharpton, Jesse Jackson and an angry chorus of followers, was to rush to judgment with little regard for fairness, due process, or respect for the terrible death of a young man."[271]
Senior Fellow Shelby Steele at Stanford University's Hoover Institution said that the tragedy of Trayvon Martin's death was being exploited by a generation of "ambulance-chasing" black leaders who have promoted "our historical victimization as the central theme of our group identity."[272]
President Barack Obama, speaking to reporters on March 23 after federal investigators were deployed to Sanford, said, "When I think about this boy, I think about my own kids, and I think every parent in America should be able to understand why it is absolutely imperative that we investigate every aspect of this... If I had a son, he would look like Trayvon."[261]
According to Zimmerman's father, George Zimmerman received death threats after the shooting and was forced to move out of his home.[273] The New Black Panther Party offered a $10,000 reward for the "capture" of George Zimmerman;[274][275] this was condemned by the city of Sanford.[274]
In parts of the U.S., various acts of vandalism, assaults, and crimes have been connected in part to alleged revenge for the shooting of Trayvon Martin.[276][277][278][279][280]
Film director Spike Lee retweeted to his 200,000 Twitter followers an erroneous Sanford, Florida, address, purported to be Zimmerman's, which forced a family out of their home to avoid harassment after they received hate mail and unwanted visits from reporters.[281][282][283] Lee was criticized for his retweet[284] and he later issued an apology for having tweeted the wrong address, though not for engaging in what columnist Doug Giles called "cyberbullying" that exposed Zimmerman to "vigilante...mob violence."[285][286]
Alan Dershowitz criticized the probable cause affidavit against Zimmerman as "so thin that it won't make it past the judge," calling it "irresponsible and unethical," and opined that the charges were motivated by prosecutor Corey's desire to be re-elected.[287][288] In June, Dershowitz said that Corey had contacted the dean of Harvard Law School about his remarks, threatening to sue Dershowitz for libel and slander, and the school too, and saying she wanted him to be disciplined by the American Bar Association. Dershowitz said the dean defended his remarks under academic freedom, and he commented that "[e]ven if Angela Corey’s actions were debatable, which I believe they were not, I certainly have the right, as a professor who has taught and practiced criminal law nearly 50 years, to express a contrary view." [289] [290] CNN legal analyst Mark NeJame expressed concern over Corey's threats and questioned if the prosecution of Zimmerman was for political reasons.[291]
Chicago Tribune columnist Eric Zorn wrote "...what's often overlooked in all the heated conversations about this tragedy is the actual timeline based on police documents." He pointed to the four-minute phone conversation Zimmerman had with a Sanford police dispatcher and noted that at normal walking pace Martin had plenty of time to return to the home where he was staying by the time the call ended, yet apparently he chose not to. The shooting happened five minutes after Zimmerman first reported Martin running, but the location of the shooting was only 80 yards from Zimmerman's vehicle. Zorn continued, "[The timeline] indicates that the victim as well as the accused made some terrible choices that night...and it tells us to keep our minds open and our tempers in check, at least until some of [the] gaps get filled at Zimmerman's trial." [292]
Fox News Channel host Geraldo Rivera claimed that Martin's "gangsta style clothing" was "as much responsible for Trayvon Martin's death as George Zimmerman was."[293][294] Rivera was quoted saying, "I am urging the parents of black and Latino youngsters particularly to not let their children go out wearing hoodies." [293] Faced with outrage over his statements, Rivera apologized, saying that he had "obscured the main point that someone shot and killed an unarmed teenager."[295] When a 7-Eleven surveillance video showing Martin making a purchase on the night of the shooting was released two months later, however, Rivera referred to the clothes he had been wearing as "thug wear." His comments were criticized by the Martin family attorney, Benjamin Crump, who compared them to people blaming rape victims for wearing short skirts [294]
Bill O'Reilly of Fox News called for restraint and urged other pundits to stop trying the case in the media. He said that the case is a "tragedy" but should not be tried in the media[296]
After Zimmerman's bond was revoked for allegedly misrepresenting how much money he had when his bond was set,[297] Martin family attorney Benjamin Crump said he expected the prosecution to bring Zimmerman's credibility "front and center in this entire case."[298] Zimmerman's attorney, Mark O'Mara stated that it was a "mistake" that had "undermined his credibility, which he will have to work to repair."[299]
Alleged race issues
Allegations against Zimmerman
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Zimmerman was accused of being motivated by racism[2][156] and of having racially profiled Martin.[2][273][117][300] During early media coverage of the incident, Zimmerman's call to the police dispatcher was edited by NBC, shortened such that it appeared that Zimmerman had volunteered Martin's race. The unedited audio recording proved that the police dispatcher specifically asked about Martin's race, and only then did Zimmerman reveal that Martin was black. NBC apologized for the misleading edit and disciplined those involved.[301]
Defense of Zimmerman's character
In an open letter on March 15, 2012, Zimmerman's father, Robert Zimmerman, defended his son against allegations that his actions were racially motivated, stating that Zimmerman was Hispanic, was raised in a multiracial family, and "would be the last to discriminate for any reason whatsoever," saying that the portrayal of his son as a racist "could not be further from the truth." According to his family, some of Zimmerman's relatives are black.[38] Zimmerman's former lawyer Craig Sonner stated that Zimmerman is not a racist, and that he had mentored black youths in the past.[302] Joe Oliver, a former television news reporter who is acquainted with Zimmerman,[303] noted "I'm a black male and all that I know is that George has never given me any reason whatsoever to believe he has anything against people of color."[304]
In early April, an anonymous letter to the NAACP, which was signed "A Concerned Zimmerman Family Member," said Zimmerman had been one of the few to take any action to protest the 2010 beating of Sherman Ware, a black homeless man, by the son of a Sanford police officer. Zimmerman reportedly distributed fliers in the black community trying to get others involved too, and helped organize a January 8, 2011, Sanford City Hall community forum to protest the incident.[305] Zimmerman's father confirmed his son's efforts on Ware's behalf.[306]
In May, the Miami Herald secured an audiotape of the January 8, 2011, Sanford City Hall community forum. On the audiotape, Zimmerman was heard criticizing the conduct of the Sanford Police Department in the Ware case. Zimmerman criticized former chief, Brian Tooley, and said Tooley had engaged in a "cover-up" and that he should lose his pension. He also said he'd been on ride-alongs with Sanford police where he found them to be lazy. The Herald also reported that it had contacted five out of six black churches where Zimmerman was reported to have distributed fliers on the Ware beating, however no one recalled receiving them.[74]
Allegations against the Sanford police
For not arresting Zimmerman, the Sanford police faced heavy criticism, protests, and allegations of racial bias.[2] The NAACP wrote U.S. Attorney General Eric Holder expressing "no confidence that, absent federal oversight, the Sanford Police Department will devote the necessary degree of care to its investigation" and requesting that personnel be detailed to Sanford to review the case without bias."[117][156] Lee repeatedly defended the investigation, stating that the Sanford police did not feel they had conducted a racially biased investigation and welcomed a review of their efforts.[307][300]
Allegations were also made that the Sanford police were protecting Zimmerman.[165] Lee told reporters that they could not arrest Zimmerman because no evidence contradicted his story, and that to do so would leave the police open to litigation.[300] In regards to the 9-1-1 dispatcher telling Zimmerman that "We don't need you to [follow him],"[308] Lee said "That is a call taker making a recommendation to him. He's not under a legal obligation to do that, so that is not something we can charge him with."[117]
On March 21, 2012, three out of the five members of the Sanford City Commission, including the mayor, passed a motion of no confidence in regards to the Police Chief Bill Lee, and his handling of the case; however, the vote was advisory only.[309] The following day, Lee announced that he had temporarily stepped down from his position as chief of police, stating "my involvement in this matter is overshadowing the process." Lee further stated, "I do this in the hopes of restoring some semblance of calm to a city which has been in turmoil for several weeks."[50] On April 23, 2012, the city of Sanford announced that Police Chief Bill Lee would resign but city commissioners voted to reject the resignation. Some commissioners had concerns about the fairness of Lee losing his job and the mayor stated he preferred to wait for the results of an investigation. Lee was to remain on paid leave.[310]
"Stand your ground" laws
Self-defense laws in the United States, particularly regarding justifiable homicide, vary by state. Florida law, as of 2005, includes a "stand your ground" provision, under which a person, who reasonably fears death or great bodily harm (the ordinary deadly self-defense requirement) is relieved of the common-law requirement that one first attempt to retreat, if one can safely do so, before using deadly force.[311] In almost all states, such laws exempt people in their own homes; Florida's version extends the no-retreat doctrine to vehicles and public places. In at least 17 states, including Florida, there is no duty to retreat before using force.[312][313] After the shooting, media reports had indicated that Zimmerman would most likely use the "Stand Your Ground" provision in Florida's self-defense law. According to Durell Peaden, one of the sponsors of the Florida law, the law does not say that a person has a right to confront another. "When [Zimmerman] said 'I'm following him', he lost his defense."[314] However, the same article goes on to state, "Peaden and Baxley said they didn't know all the facts of the case, so their interpretations of what happened could change if new information arises during the investigation."[314]
According to analysis by David Kopel, Florida's Stand Your Ground Law "is legally irrelevant to [the] case", and the case turns on whether Martin initially attacked Zimmerman, or whether the initial attack was by Zimmerman attacking Martin.[315]
The Florida Statute excepts persons engaged in "unlawful activity" from protection by the Stand Your Ground provision: (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.[316]
On March 19, 2012, Florida authorities announced they had picked 17 people to head up a task force to review the Florida statute that deals with justifiable use of force, including the stand your ground provision. It was decided that the group would hear arguments and testimony from residents at public meetings across the state and pass along recommendations to the governor and the legislature.[317]
Media coverage
For the first 10 days after Martin's death, the story was covered by only the Florida media.[210] In order to bring more attention to the case, Martin family attorney Natalie Jackson sought the assistance of publicist Ryan Julison on March 5.[16]
On March 7, 2012, Reuters covered the story,[16][211] and the following day, CBS News, acting on a tip it received from the network's local bureau in Atlanta, Georgia, obtained an exclusive interview with Tracy Martin and Sybrina Fulton that was broadcast on CBS This Morning.[210][318]
Also on March 8, The Huffington Post, The Young Turks, and TheGrio.com, which is affiliated with NBC News, started to cover the case.[210][319][320][321] On March 9, 2012, ABC World News featured the story on their nightly broadcast.[322] CNN first reported on the case on March 12, 2012, and by the end of that week, radio hosts and bloggers were also reporting on the story.[210][323] National coverage started to increase the week of March 12 and intensified after March 16, when tapes of 9-1-1 calls were released to the public.[210][324] Having the 9-1-1 calls, which the police had previously declined to release, gave radio and TV reporters more material to report on.[210][324]
The Project for Excellence in Journalism reported that media coverage of the Trayvon Martin case became the first story in 2012 to be featured more than the presidential race. According to the Project, the varying types of media have focused on the case in different ways. An article in the Tampa Bay Times wrote that, "on Twitter, people are outraged at Zimmerman and want justice, while on cable news and talk radio people are discussing the state's laws for self-defense and gun control and on blogs the focus has been on race."[325]
Aspects of coverage
Media portrayal of Martin and Zimmerman
The Associated Press noted that initially the most widely used media photo of Martin was several years old and showed him as a "baby-faced boy," rather than as a young man in his late teens. To represent Zimmerman, the media chose a shot of a beefy 21 year-old Zimmerman taken seven years prior to the shooting, whereas recent photos show him as slim-faced and more mature. The two outdated photos chosen by the media may have helped shape the initial public perception of the shooting. The AP quoted academic Kenny Irby on the expected effect, "When you have such a lopsided visual comparison, it just stands to reason that people would rush to judgment," and another academic, Betsi Grabe, as saying that journalists will present stories as a struggle between good and evil "[i]f the ingredients are there."[326]
Reporting on Zimmerman's call to police
Economist and commentator Thomas Sowell criticized the national media for implying that Zimmerman had continued to follow Martin after the police dispatcher said, "We don't need you to do that." He said that they mostly left out Zimmerman's answer, "O.K." because "too many people in the media see their role as filtering and slanting the news."[327]
After the audio of the call was released, reports by CNN[328] and other news outlets alleged that Zimmerman had said "fucking coons" two minutes and twenty-one seconds (2:21) into the call. Two weeks later on April 4, 2012, CNN claimed that enhanced audio revealed that Zimmerman had said "fucking cold."[329] The following day, April 5, 2012, CNN's Martin Savidge reported that forensic audio expert Tom Owen claimed it was "fucking punks."[330] It is said to be "fucking punks" in the affidavit of probable cause, dated April 11, 2012.[187] Other reviewers of the call have offered alternate interpretations of what was said, including "unintelligible." According to the Associated Press, the alleged racial slur "fed growing outrage over the police department's initial decision not to arrest Zimmerman."[92][331][332][333]
Misleading audio editing by NBC
Between March 19 and March 27, 2012, the NBC Nightly News, NBC's Today show, and NBC's network-owned Miami affiliate WTVJ NBC6[334] ran segments which misleadingly merged parts of Zimmerman's call. On one version of the recording played by NBC, Zimmerman was heard saying, "This guy looks like he's up to no good or he's on drugs or something... He's got his hand in his waistband, and he's a black male."[335] In another what was played was, "This guy looks like he's up to no good. He looks black." In the original 9-1-1 recording, Zimmerman said: "This guy looks like he's up to no good. Or he's on drugs or something. It's raining and he's just walking around, looking about." The 9-1-1 operator then asked: "OK, and this guy, is he black, white or Hispanic?", and Zimmerman answered, "He looks black."[301] The phrase, "He's got his hand in his waistband, and he's a black male" came several exchanges after that point in the conversation.[336][337]
Erik Wemple of the Washington Post wrote that NBC's alterations "would more readily paint Zimmerman as a racial profiler. In reality... Zimmerman simply answered a question... Nothing prejudicial at all in responding to such an inquiry... To portray that exchange in a way that wrongs Zimmerman is high editorial malpractice..."[301]
NBC issued an apology for "an error made in the production process that we deeply regret,"[338] but never apologized on the air.[339] The network said that the Today show and Miami edits took place in two separate incidents involving different people. A Miami-based NBC News producer lost her job, WTVJ reporter Jeff Burnside was fired,[340] and two other employees were disciplined.[341][342] Lilia Luciano, who was the reporter on broadcasts containing both edited versions of the audio,[335][343] was also fired and her aired reports on the Trayvon Martin story with the misleading audio were removed from the Today website.[344][345]
Alleged NBC Bias
Fox News newsmagazine host Geraldo Rivera, a former NBC employee, asserted that NBC "made an ideological decision that... they would argue strenuously for the prosecution of George Zimmerman and the ultimate conviction of George Zimmerman... [T]hey are cheerleading for the conviction of George Zimmerman."[346]
Surveillance video mistake
ABC News obtained a surveillance video of Zimmerman walking unassisted into the Sanford police station after the shooting. An officer is seen pausing to look at the back of Zimmerman's head, but ABC originally said that no abrasions or blood can be seen in the video.[347] The Daily Caller disputed this claim, and posted a still from the ABC video which showed the injury on the back of Zimmerman's head.[348] ABC later reported that it had "re-digitized" the video, and said that this version showed "what appear to be a pair of gashes or welts on George Zimmerman's head," but the story's main focus was on a doctor who claimed it was unlikely that Zimmerman's nose had been broken.[349][350]
Social media
Robert Mackey, a blogger at The New York Times, wrote that a "wave of vitriol" was aimed at Martin by "conservatives online" in an attempt to make Martin appear menacing by selectively highlighting images from his social media accounts. In one case an image of a different person also named Trayvon Martin in a "gangsta" pose was reprinted in conservative blogs and publications such as the Daily Caller and Michelle Malkin's blog.[351][352]
Notes
- ^ Zimmerman’s father is white and his mother is a Hispanic from Peru. George Zimmerman’s ancestry includes an Afro-Peruvian great-grandfather.[5]
- ^ See Note 1.[5]
- ^ See The New York Times article The Events Leading to the Shooting of Trayvon Martin for seven aerial views which include depictions of The Retreat at Twin Lakes; the home where Trayvon was staying; the site of the shooting; Zimmerman's home; the site of the 7-11; and other sites of interest.[95]
- ^ An Orlando Sentinel source reported in May 2012 that Zimmerman told investigators that Martin "was circling" his vehicle at one point, but news stories after Zimmerman's statements to police were released reported that he said Martin "circled" his vehicle.
- ^ Some referenced information is from the embedded video of Robert Zimmerman's interview,[163]
- ^ Read the entire motion:State's response to defendant's verified motion to disqualify trial judge
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External links
.png){kind=link}
- George Zimmerman's defense team website
- Exclusive: George Zimmerman breaks silence on 'Hannity': Video and transcript
- State v. Zimmerman public documents released by the 18th Circuit Court
- George Zimmerman police call reporting Trayvon Martin Orlando Sentinel
- Transcript and audio of Trayvon Martin's friend describing last phone call with him Democracy Now
- Video: George Zimmerman at Police Station after the shooting ABC News
- Audio of Zimmerman speaking at a January, 2011, Sanford public meeting and video of Zimmerman walking through the Sanford Police Station on February 29, 2012
- Zimmerman Probable Cause Affidavit - 2nd Degree Murder Scribd (Archive)
- Template:PDF (Archive)
- Zimmerman Trial Discovery Documents (Archive)
- Autopsy Report of Trayvon Martin (Archive)
- Trayvon Martin collected news and commentary at The New York Times
- Template:WSJtopic
- Trayvon Martin collected news and commentary at the Orlando Sentinel
- Trayvon Martin collected news and commentary at the Miami Herald
- Trayvon Martin collected news and commentary at The Guardian
- Neighborhood Watch Program Handbook from Sanford, Florida, Police Department