Why George Zimmerman Will Be Acquitted

| June 26 2013
Shane Krauser

The politically-motivated trial of George Zimmerman has begun in Florida, and Zimmerman’s attorneys got off on the wrong foot, telling a knock-knock joke right out of the chute to begin opening statements – an absolute no-no, not to mention a stupid move, in a trial of this nature.

Prosecutor John Guy played a much different tune and came out swinging as he quoted Zimmerman’s profanity-laced phone call to the dispatcher which illustrated Zimmerman’s disgust that the “punks…always get away.” To say that the prosecutor has been effective would be a gross understatement. He has been brutal, precise and simply on target.

Despite the vastly different approaches of the attorneys on both sides, no amount of wordsmithing can change the fact that Zimmerman will be acquitted. The law is simply on his side.

Zimmerman is accused of murdering Trayvon Martin in Sanford, Florida in February 2012. Of course, one of the controversies revolves around the stand your ground law. We can debate whether or not the stand your ground law is a good idea or not, but the fact is that the law was in effect at the time of the shooting. Therefore, it is the law that will apply.  In other words, this is a trial, not a legislative session.

The six-woman jury in this case will be instructed that if they find Zimmerman did not initiate the physical confrontation, he had no duty to retreat from a confrontation. However, even if Zimmerman did “initiate” the encounter, the law still requires him to walk.

Under Florida law, a person can use force to counter the use of unlawful force. In this case, there are two prevailing theories that the jury will be presented with. In either case, Martin is the perpetrator simply because he, and not Zimmerman, escalated the encounter to one of deadly force. And this is precisely what this case will come down to.

The first theory, which is Zimmerman’s story, will be that he encountered Martin, walked back to his truck, and Martin followed and attacked him with physical force. Zimmerman responded and the fight went to the ground. This is when Martin took a dominant position and sent Zimmerman’s head crashing into the concrete. Because of the introduction of deadly force by Martin, Zimmerman was justified in utilizing deadly force. Is it that simple? If robots sat on juries and simply applied the law without emotion, the answer would be an unequivocal “Yes.”

The other theory, likely more in line with the prosecution, is that Zimmerman started the fight with Martin. However, by all accounts, the initial interaction with Martin was one of “hands-on” grappling which went to the ground. Again, it was Martin who elevated the amount of encounter to one of deadly force, and Zimmerman justifiably responded.

The odd twist in the law is that even if Zimmerman started the confrontation, a person is only justified in responding to the threat with the same amount of force. It is for precisely this reason that Martin is far from being a victim. He is the individual in this encounter who far exceeded the level of force with which the law is willing to protect him.

The unavoidable fact is that lethal force was only deployed after Martin began slamming Zimmerman’s head on the ground. Politics aside, Zimmerman should walk. Courtroom aside, this is just tragic.

The charges in this case were motivated by racist claims coming from the likes of Al Sharpton. Emergency 911 tapes were ignored and even doctored by those who wanted to sell a great story. And Zimmerman’s injuries were covered up to give the story longevity. May lady justice arrive in that Florida courtroom with a vengeance.

 

Shane Krauser is a partner with Davis Miles McGuire Gardner, the director of the American Academy for Constitutional Education, the spokesman for www.freedomfires.com, and the chief firearms instructor at K-Force Vanguard. He is also a former prosecutor. Follow him on twitter: @ShaneKrauser

47 comments
Northwoods of WI
Northwoods of WI

Shane, you are a genius ... you took an early stand on acquittal and were correct!  Could you provide me with any winning lottery numbers?!  (I'll share!!)

Shane Krauser
Shane Krauser

@Northwoods of WI I wish I could claim brilliance on this one. However, as a former prosecutor and now defense attorney who has tried hundreds of cases, this was one of the easier predictions. This was one of the weakest homicide cases I have ever seen charged. BTW, no lottery numbers to share.

WesternFreePress
WesternFreePress moderator

@Shane Krauser Yeah, a no-brainer that got brought to trial anyway. The rule of law is faltering and Western civilization along with it.

valorius300
valorius300

this was actually not a stand your ground case, and the law was not applied in it.

Northwoods of WI
Northwoods of WI

This article was written about 3 weeks ago, and I hope it still holds true.  George Zimmerman was totally the victim and is totally innocent.  I hope to God those women have the brains and the courage to do the right thing, which is to acquit him.  If not an acquittal, there may be a hung jury, in which case I hope the State of Florida has the wisdom to NOT proceed further. George Zimmerman should not spend a single day in prison; I would have shot my attacker, too, under these circumstanes.  My prayers go to the Zimmerman family that there will justice for George and that he may go back to his former life though, unfortunately, it will be far from normal. 

WesternFreePress
WesternFreePress moderator

@Northwoods of WI Looks like justice has been done. Now one has to wonder if Zimmerman is under police protection . . . .

Northwoods of WI
Northwoods of WI

Amen for justice!  George and his wife will probably continue to carry their guns, out of necessity, and they may need to hire a part-time armed bodyguard to join them, when they venture outdoors.  Even his PARENTS cannot divulge their whereabouts!  Hopefully, they won't need to do so for the rest of their lives, but there are a lot of whack-jobs out there! 

GregoryConterio
GregoryConterio moderator

I think it's done:

http://www.cbsnews.com/8301-504083_162-57591520-504083/george-zimmerman-trial-neighbor-testifies-trayvon-martin-was-straddling-zimmerman-moments-before-fatal-gunshot/

 

The one and only eye-witness says Martin was on top of Zimmerman, and Zimmerman called for help.

This MORE than meets the legal definition of reasonable doubt.The prosecution made a point that he (the neighbor) didn't actually see Martin strike Zimmerman, he only saw him "moving his arms rapidly, up and down toward Zimmerman's face."So apparently we're supposed to believe Martin was on-top of Zimmerman, waving his arms, pretending to hit him, while calling for help?  Seriously?

 

Unlike the girlfriend, this guy has no apparent reason to be biased in his testimony.  He has no "rooting interest" in the outcome, no reason to lie.  Unless they can prove this guy was a KKK member (remember what they did to Mark Furman?) there is no reason to doubt him.

deded
deded

Very  sad day for America when all's you have to do is imply racism

 

KeithMyatt
KeithMyatt

I would be surprised if Zimmerman does not get convicted. He may have had reason to believe his life was in danger and he was defending himself. That does not matter. If he is not convicted, you can be all of the race baiters (Obama, Sharpton, Jesse Jackson to name just a few) will stir the blacks up and cause riots. And the jurors may feel pressure to convict because they might fear these same people targeting them. Hell hath no fury like a racist who does not get their way. But if Zimmerman does get acquitted, he will have to leave the country because he will be hounded and have to fear for his life. There won't be a black radical alive that will not try to hunt him down to kill him. I would even be concerned for his family.

Shane Krauser
Shane Krauser

Great and interesting discussion here. Here is the jury instruction that will be given to the jury that they may consider if they believe Zimmerman was the aggressor. As I stated in the op-ed, even if Zimmerman is the initial aggressor, he may still walk. And, of course, I do not deviate. He will be acquitted. This instruction is straight from the Florida Supreme Court (3.6(f)). http://www.floridasupremecourt.org/jury_instructions/instructions.shtml#

 

"[T]he use of deadly force is not justifiable if you find that the Defendant initially provoked the use of force against [the victim], unless: The force asserted toward the defendant was so great that he reasonably believed that he was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using deadly force on the assailant."

GregoryConterio
GregoryConterio moderator

"Stand your Ground" has not been a part of the defense offered for Zimmerman, so far, he has simply claimed self-defense.So far, there is not a single piece of evidence inconsistent with his story.  There has also not been any evidence offered that he was the "aggressor" or that he "initiated" the confrontation that lead to Martin's death.Martin's "girlfriend' was a carnival side-show, a comically un-intelligent girl with a bad-attitude.  If she really is the prosecution's "star witness," if she really represents all they have, they are in deep trouble.Zimmerman was not arrested because there was no evidence to indicate he had committed a crime, that he in fact had done anything other than defend himself while being brutally beaten.  This entire matter has been nothing but an attempt to appease the trumped-up outrage in the Black community.  It has little to do with justice.

KarVooj
KarVooj

"The six-woman jury in this case will be instructed that if they find Zimmerman did not initiate the physical confrontation, he had no duty to retreat from a confrontation. However, even if Zimmerman did “initiate” the encounter, the law still requires him to walk." This is completely misleading. Once the prosecution establishes Z as the aggressor Z had a legal requirement to attempt to escape using all reasonable means prior to using deadly force. If Z cannot show he attempted to break all contact the jury instructions will include omitting Self Defense during deliberations. People keep referencing his injuries while ignoring the fact Z never said the injuries were the reason he pulled the trigger. Furthermore, his injuries were so minor they required the same level of medical treatment as a papercut. Im curious what the author's motivation is in presenting such a false Z heavy narrative and am frankly quite relieved he is no longer a prosecutor.

KarVooj
KarVooj

This article was written from the perspective of not knowing basic facts or at worst ignoring them. Serino was the first person to highlight Z's pattern of race based calls and he was also the first one who wanted Z charged long before the media race pimps dug their heels into the deady body of another victim for their soap box $cream$. Shortly after former Chief Lee gave his first press conference and lied, Mary Cutcher contacted the local media to say he lied when he claimed all the witnesses supported Z. Basically, it is a complete myth to say nobody thought he should have been charged until the media storm. SYG law is irrelevant here as Omara himself stated last year this is not a SYG case. He omitted the reason of course but it is the same reason Omara skipped the pretrial immunity hearing. Omara is so desperate he wants to claim the rain washed Z's dna off of T's hands. I cannot believe this article was published without basic fact checking.

WendiRonPaulMedashefski
WendiRonPaulMedashefski

All the race baiters refuse to accept that martin was the aggressor. They will riot and loot if theres an acquittal, just like so many other times when the claims of racism were shot down in court, by no less than facts and evidence!