Correspondence with Two Other Gentleman on the Eve of Closing Arguments, Florida v. Zimmerman
First Post: It is my hope that whatever the verdict in the Zimmerman case that all of us understand that we have not heard the case as the jury has and certainly not seen everything that is available through their eyes. Our judicial system is based on the rules of evidence that governs what can and cannot be entered as evidence. Juries do the best they can. I hope everyone will honor their verdict and any subsequent appeals that may or may not come. Our system has to be respected to work. Otherwise we lose much of what makes this the great country that it is.
Bull Sullivan’s Response:
A very good comment, but perhaps the best lesson of this costly case is the growing awareness of the politicization of prosecutorial discretion. While the abuse of police power, on the part of law enforcement has been the subject of judicial restraint since Miranda v. Arizona, there has been little judicial review of abuse and misconduct by Prosecutors intent on using high profile criminal prosecutions to further social or political agendas. The highly touted notion: “Justice is Blind” exists only in fiction, the reality is that justice serves the demands of politically motivated, officials as with Attorney General Holder or publicly elected officials, as in the case of Seminole County’s 18th Judicial Circuit State Attorney, Phil Archer, first elected to office in 2012.
The Zimmerman Case clearly lacks substance or evidence to prove, beyond a reasonable doubt, Zimmerman guilty of any offense greater than manslaughter; at the worst it demonstrates an inevitable result when a black “hoodie” semi-tough teenage gang banger wanna’ be with a “street” attitude meets an overly zealous armed and stupid Latino cop wanna’ be… the best conclusion would have been no confrontation, with each walking away from the other. Given the limitations of character each demonstrated, that couldn’t happen and did not. Both of these young men, and I use the term “men” loosely, are products of broken households, absent fathers, state sponsored public education, corrupt popular culture, and the absence of moral teaching, character development and discipline in our society. Culture, not race, brought about the result; frankly, neither of these young men should have been out of their home at that hour.
But if gain can be made from the misfortunes of life, you may rely on lawyers and politicians to take full advantage of the situation. The proper course would have been indictment on a lesser, though still felonious charge, and a public excoriation by a wise and equanimous Trial Judge of the “Mother” and “Father” of Trayvon Martin, whose behavior, whose “life” choices, led directly to their son’s death. Justice would be served by such a trial, and certainly, these parents whose intemperate and churlish behavior doomed their sons should be held up as an example of what is wrong with contemporary culture.
Life ain’t a cabaret, ole’ chum, it ain’t even a Rap melody; it is a gift of God, to whom Zimmerman, Trayvon’s parents, the State’s Attorney Phillip Archer and others will answer one day, just as young Mister Martin has already discovered.
Second Post: The one Federal case I was on as a juror back in 1985 was an amazing experience, one that I haven’t forgotten, and I think helps me empathize with juries on cases like this. All that being said, I personally think this case should never have come to court, never should have come before a jury. The feds apparently applied major pressure on the local DA to move forward. The DA decided not to put this case in front of the local Grand Jury for fear that they may not indict.
First Post, first response: I don’t share your cynicism about our system and the jury will decide if the evidence for a successful prosecution is there.
Bull Sullivan’s Second Response:
Oops, did not realize Zimmerman had not been indicted. That is further proof that the State’s attorney caved into political pressure. He might have failed to be indicted. Thanks for the heads-up. I really haven’t followed the trial at all.
My friend, I have no cynicism about our system; obviously, having worked with US DOJ District Attorney’s, even some 35 years ago, I found that most non-elected judicial officials have every reason to be political, in fact I never met one who wasn’t. You don’t get promoted if you don’t “play ball,” and you must be promoted to: A) be a Department lifer, or: B) laterally move into even a junior partnership in a “good” law firm. The really good ones, the best politicos, play ball with either side, building up “credits”. Even a junior partner in regulatory law will earn three or more times what the Government pays.
I agree with you if you maintain that the jury is the least likely component to be corrupt, but, unpoliticized? OJ got “off,” as did, in the 1950’s, 60’s and 70’s, literally hundreds of “white knights of the KKK.” No politics, no conspiracy, huh? Juries get it wrong often, but we accept the results because the alternatives to a jury of our “peers” are far worse. In Capital Cases, in which the prosecution is in and of itself morally bankrupt, more than one innocent man has been executed. In Georgia, we recently murdered Troy Davis, sentenced by a jury of his “peers” to death, without care or concern for the notion of “beyond a reasonable doubt,” he was black, the police officer was white.
The simple test for politics is this, who benefits from prosecution? If this had been Black on Black, no one would have cared, and you and I wouldn’t be commenting. If white on white, a minor potential for gun control advocates, a small plurality in the State of Florida, maybe light national attention, but otherwise ho hum. But White on Black, “OMG,” every Harvard Law graduate infuriated, every Black Political Activist aswarm, every Yale degreed R.I.N.O. worried about the next mid term election, and most Florida Republicans perfectly willing to throw a mixed breed Latino under the bus, to maintain their thin electoral advantage.
You may know Phil Archer, you may like him, he certainly is your fellow Republican, but his actions are so patently political as to pass any walk, waddle or smell test.
Zimmerman should have been indicted for involuntary manslaughter at the most, and absent the Main Stream Media Circus would have plead out, been suspended and probated, and never noticed, not even by Fox News.
This trial is a National Disgrace, as are, as I have previously mentioned the public schools that taught Mr. Martin nothing about citizenship, and most importantly, as are his Parents a disgrace, their choices, their behavior, their apathy and enmity, killed their son. This event was no accident, but an incident waiting to happen, in point of fact, Trayvon Martin was DOA at the maternity ward.