THE TRAYVON MARTIN CASE TAKES A NEW TURN : DEFENSE ATTEMPTS AT CHARACTER ASSASSINATION DEALT A BLOW BY FLORIDA JUDGE

 


As the much awaited trial of Trayvon Martin approaches, the defense for accused murderer Zimmerman was dealt a substantial blow when a Florida judge threw out evidence that would have been employed by the defense to considerably darken the image of Trayvon Martin. 

The murder of Trayvon Martin, the teen killed by a man who many say was motivated by racism, is one that should impart at least one fundamental lesson: that if you are willing to take the law into your own hands, that it'd be best if you had some strong evidence of a crime being committed before pulling the trigger. 

The trial promises to reopen rifts that have long existed in the Florida hinterland, and that have caused many other states to re-evaluate the soundness of self defense based on the 'stand your ground', or Castle, doctrine.

In this case, the defense does not have much to go on.  What Zimmerman did is pretty much defenceless. After having eyed Martin as a black child wandering 'his' neighborhood, Zimmerman began stalking Martin, even after police had ordered him not to go outside the house, and then proceeded to try and stop the teenager from going home. 

Lacking any form of evidence that would directly exonerate him, Zimmerman's defense is now opting for the second alternative: character assassination.  Trying to prove that the teenager was rebellious, smoked pot and had 'existential' problems is like saying that water runs to the ocean.  But in this case, it might cloud and besmirch the character of the teen enough to sway the jurors towards a more emphatic view of Zimmerman's motivations and actions. 

But the judge did what was expected of him: he excluded evidence that is not pertinent to the trial and was invoked solely to cast a bad light on the victim. 

One thing however, could still be on the table: evidence of marijuana smoking, if it pertains to the time and place immediately preceding the crime.  If there is forensic evidence that Martin was high at the time of the murder, it could help the defense prove that the aggressor could have been Martin and not Zimmerman.

But there is another taint on the trial proceedings too: the defense has argued that a hearing be had to see whether there is truth to their contention that the prosecution has withheld evidence in the case.  Claims were made by the defense that photos, including that of a firearm, and deleted text messages were omitted from the evidence shared with them. 

However, a further delay in the trial, which is supposed to start on June 10, was not granted by the judge. 

The defense is also playing an ambiguous game of cat and mouse.  It has asked the judge to bring the jury to the scene of the crime, while at the same time asking for the jury pool to remain anonymous in the anticipated racial unrest or general protests.  In another request, the defense had asked for evidence proving that Martin, the victim, had gold teeth caps, in an obvious search for any detail that might make Martin look 'menacing' or 'bad'.  


Op-Ed

Source : CNN 5.28.13


 

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