I
find it funny that every week over the past three
months since the fatal shooting of Florida
teen, Trayvon Martin, evidence is drip, drip, dripping
into the troughs of the press. These so-called pieces
of evidence are the seeds for tainting a potential
jury. This is not coincidental; this is the strategy
of conservative forces backing a killer.
In
the ongoing saga of Trayvon Martin and George Zimmerman,
facts have morphed and evidence tainted in favor of
the single person who is left able to tell the story
of an avoidable murder. Newly-released evidence is
showing Zimmerman’s injuries - his swollen nose, his
gashed and bloody head - alongside the autopsy report
for Martin that reveals abrasions and contusions to
his knuckles. Many right-wing commentators are inferring
that Martin’s hand injuries support Zimmerman’s story:
He was attacked by Martin and shot the teenager in
self-defense.
Really? I’ll argue that just the opposite scenario occurred. As a Black male,
since the day media began mainstream coverage of this
tragedy, my theory has been - and will forever remain,
I’m sure - that Martin was the victim in this travesty.
Martin’s injuries were consistent with those of domestic
violence victims who meet a similar fate. When someone
is fighting for their life, their human instincts
take over: fight or flight. When I am pursued (and
have been by bullies), there are times when you can’t
outrun them and have to face them; such is life. Even
if they cowardly brandish a gun, you can’t outrun
a bullet…I don’t know of any dead person who has.
Martin stood his ground and paid the ultimate price
for that stand.
In
the “trial before the trial,” that is, in the press,
Zimmerman is repeatedly identified now as Hispanic.
I’m not a betting man, but if anyone had asked Zimmerman
(a non-Hispanic name) on February 25 (the day before
he shot Martin) to identify his race, he would not
have answered Hispanic...because, in America,
most Hispanics self-identify with whites - if they
can get away with it. America wants it that way.
And, to that end, one can mark Hispanic as a racial
sub-category of white on a US Census form. What better
way to get the public behind your side of the
story…when whites are the majority population.
I
also bet that Zimmerman gets acquitted by a jury of
his “peers” if he’s not offered a sweet plea deal
first. I applaud the Martin family for doggedly pursing
justice. Whether Zimmerman “stood his ground” is a
secondary question to the fact that he stalked a teenager
- for no justifiable reason!
It
appears that all the material matters of fact are
lost when exposing the strength of the government’s
case against the shooter. Funny, but can you recall
a time when material facts morphed in favor of a Black
defendant, let alone tainting evidence to favor tens
of thousands of Black defendants that stand accused
every year in this country?
What
I know is that there is no conceivable way to seat
an unbiased jury, if Zimmerman elects to proceed to
trial. What potential juror has not heard or
seen news coverage or commentary in some shape or
form? How could any trial in this case be considered
fair - that is, in a light favorable toward Martin,
the victim? I’ve read numerous cases in the Federal
and Supreme Court Reporters in which appellate
courts “view the evidence in the light most favorable
to the government.” Yes, that’s actual court language!
So much for “evidence in the light most favorable
to the facts.”
I
may sound like a conspiracy theorist, but it is what
it is. Groups like ALEC (American Legislative Exchange
Council) and the NRA (National Rifle Association)
partner to write laws containing language so vague
that the guilty becomes the victim. This “technique”
of crafting implicit language, such as in the US Constitution,
essentially ensures no one will be held accountable.
That’s the real crime…ALEC and the NRA wrote a law
that effectively licenses a person to kill another
person - without threat of prosecution.
A
recent report shows the failure of the Sanford
police department in its investigation of Martin’s
killing (Zimmerman’s shooting). Of course, no one
in the department will be prosecuted - because police
have “qualified immunity,” which exempts them from
accountability. Why aren’t you mad about that?
In
a legal system that touts due process and rule of
law, how can we continue to condone a trial before
the actual legalities unfold? In this Information
Age, what we are witnessing is “the public’s right
to know” outweighing the rule of law. Critical evidence
as the basis for one’s conviction, or exoneration,
should not be exposed to the potential
arbiters of fate prior to the completion of due process.
Critical evidence should not be fodder for a 24-hour
circus of talking heads. Keep circuses under the big
top, and critical evidence in the courtroom. Though
we’ve grown accustomed to these circuses of “trials
before the trials” (think Nancy Grace), it’s time
to condemn and abolish this unethical practice. We
should never allow the trial before the trial.
BlackCommentator.com
Columnist, Perry
Redd, is the former Executive Director of
the workers rights advocacy, Sincere Seven, and author
of the on-line commentary, “The
Other Side of the Tracks.” He is the host of the
internet-based talk radio show, Socially Speaking in
Washington,
DC.
Click
here to contact Mr.
Redd.
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