It’s A Fine Line Between Provocation And Self-Defense

A Virginia man wearing a bizarre outfit approached a 12 year-old boy and his sibling, who were selling lemonade on a hot day, and threw a piss-filled balloon at them. He followed up by demanding that they go back to Africa, which sounds like a lot of the people in this Facebook comment thread

So, as far as I can understand, had the boy begun hitting his assailant – and then started to win the fight – piss-balloon man would have been justified under Florida law to “stand his ground” and shoot the boy dead.

Piss-balloon man would be the only one up on the stand, and he can just testify that he was all done with his assault and had retreated, so it was the boy’s own fault he got shot, and he never uttered a racial remark, and the kid may have had detention once and his sibling is fat and rolls his eyes on the stand. 

Let that sink in.

Thoughts on the George Zimmerman Verdict: You Got a Problem?

A Florida jury found that the homicide of Trayvon Martin homicide was lawful and justifiable – that George Zimmerman had acted in self-defense and that his use of deadly force against Martin was reasonable. 

“Self-defense” is what we lawyers call an “affirmative defense”. Generally, the prosecution has the burden to prove guilt beyond a reasonable doubt. When the defendant raises self-defense, or some other legal justification for the crime of which he’s accused, the burden of proof shifts to him. That means that George Zimmerman’s defense team had the burden to prove that Zimmerman’s killing of Trayvon Martin was legally justified. 

In New York, self-defense is covered in the “Defense of Justification” article in the New York State Penal Law.  

Generally

Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when…

2. Such conduct is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder…

More specifically,

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances…

6. A person may, pursuant to the ensuing provisions of this article, use physical force upon another person in self-defense or defense of a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property,

Even more to the point,

1. A person may…use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:

(a) The latter’s conduct was provoked by the actor with intent to cause physical injury to another person; or

(b) The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force…

…2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:

(a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is:

(i) in his or her dwelling and not the initial aggressor; or

(ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter’s direction, acting pursuant to section 35.30; or

(b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or

(c) He or she reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20.

The emphases are mine. New York’s self-defense statute discourages deadly violence. The initial aggressor in a confrontation generally cannot assert the defense, but even in that case, the law gives the aggressor an opportunity to retreat from the encounter, in which case he is justified in defending himself from the original victim’s force. In order to use deadly force, a New Yorker must reasonably believe he is about to be killed and has attempted to, or has no way to, retreat. The only exception to that duty to retreat applies to a person in his own home who didn’t start a confrontation. The duty to retreat exists to avoid unnecessary violence and death

Florida is different. By weakening the duty to retreat, it opens the door to unnecessary, physically avoidable violence.

776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.

The section referenced above in subsection (2) is Florida’s castle doctrine statute – your home is inviolable and the law presumes that you are in fear of imminent bodily harm if you are home when burglarized. But it goes farther:

(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.

In Florida, there is also statutory language requiring that the person asserting justification wasn’t the initial aggressor.

776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who…

…(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

George Zimmerman’s defense team didn’t emphasize the “stand your ground” portion of the statute. It didn’t have to – it’s built in to the overall self-defense statute and the jury was instructed on it. Frankly, the person who was entitled to use that provision was Trayvon Martin himself. The Zimmerman team’s theory of the case was that Martin was the initial aggressor when he turned and confronted Zimmerman. “Stand your ground” is what informed law enforcement’s decision to not bring charges until 6 weeks after the homicide. “Stand your ground” is what was cited for the public presumption that Zimmerman was justified in killing this young black man who was wearing a hoodie, of all things. 

In court, we heard Zimmerman’s side of the story via videotape of him leading investigators around the complex the morning after the homicide. He did not take the stand. The problem here? Every story has two sides, and we only heard one. We’ll never be able to learn Martin’s side of the story. Did he really know the gun was there? Did he really reach for it? Did he really even initiate the confrontation? Did he swing first? Did he threaten Zimmerman’s life? 

Let’s backtrack for a moment and look at a few undisputed facts of the case: Trayvon Martin was legally on the premises of the gated apartment community where George Zimmerman was on “neighborhood watch” patrol. He was minding his own business. He was not committing a crime of any sort. He was unarmed. He was walking from the store to a private residence, where he was going to watch TV. George Zimmerman was cruising the property in his vehicle. The complex had been subject to burglaries, and he wanted to protect his home and others’ homes. Zimmerman told the police dispatcher that he was watching Martin, whom he considered to be a “real suspicious guy”. 

That’s the set-up; what happened next was the heart of the trial just concluded. Zimmerman called the cops. The dispatcher told Zimmerman to stay in his car. Zimmerman didn’t stay in his car, but instead followed Martin. Martin was on the phone with his friend and explained to her that he was being followed by a “creepy ass cracker”. We’re not quite sure what happened next, or what the exact sequence of events was. Could be Trayvon Martin turned to ask Zimmerman if he had a problem.

The case and its result have resulted in a deep split in public opinion – one unsurprisingly following the right/left political cleave. I don’t understand why thinking Zimmerman is innocent is a right-wing thing and thinking the homicide of Martin was unnecessary or not justifiable is a left-wing thing. It oftentimes seems as if Zimmerman supporters consider that Martin got what was coming to him, and there is no sympathy for a kid who was just walking home from the store on a rainy February night. But I think the divergence comes down to this difference in opinion: do you think that the sequence of events was set in motion when Zimmerman exited his car to follow Martin, or when Martin asked Zimmerman what his problem was? Things went downhill from there, and one person ended up dead. 

You can see Zimmerman’s explanation here. “You got a problem?” “No, man.” “Well, you got a problem now!” Zimmerman claims Martin somehow saw his gun, went to reach for it and threatened to kill him.  At this point, Zimmerman grabbed his gun and shot Martin once through the heart. Martin wasn’t around to offer a rebuttal. 

To suggest – as the Florida State Attorney did late Saturday night – that race and profiling wasn’t part of this case is a joke. The entire case was replete with issues of race and profiling. Was it reasonable? Was it reasonable for Zimmerman to see a young black kid in a hoodie walking through his neighborhood and instantly conclude that he was “real suspicious”? Was it reasonable for Martin to remark to his friend that some “creepy ass cracker” was stalking him on his walk home? It was 7pm in February in Florida. There is no presumption in the law that a black youth is deemed “suspicious” for wearing a hooded sweatshirt under those conditions. The temperature was in the low 60s, and it was raining. Indeed, because Martin was minding his own business and not breaking any rule or law, it was also perfectly reasonable for him to be a little creeped out by the guy who was following him first in his vehicle, and now on foot. How would you react if someone was following you – watching your every move while you’re just walking through your neighborhood?

Martin could have run away, but was under no obligation to do so. 

People forget that it wasn’t until March 16th that we heard the 911 call with someone screaming “help!” in the background – screams that ended when the gunshot is heard; could be Zimmerman was out of peril – could be Martin was mortally wounded. Zimmerman’s 9mm handgun was in the small of his back. It wasn’t until March 20th that Florida even bothered to submit the case to a grand jury. The chief of the Sanford Police Department resigned on March 22nd because the case had been investigated from day one under a presumption that it was a justifiable homicide. On March 26th, the police released pictures showing that Zimmerman was bleeding from cuts the night he shot Trayvon Martin. 

It wasn’t until April 11th that Zimmerman was formally charged with 2nd degree murder and taken into custody. It took a full six weeks before Florida even recognized that a crime may have potentially been committed. The state didn’t take the case seriously until the federal government and public opinion forced its hand. 

Zimmerman didn’t take the stand – he didn’t have to. His story was out there on the videotape, and he didn’t have to subject himself to cross-examination about, e.g., why he got out of his car in the first place. If Zimmerman is correct that Martin initiated the confrontation, why didn’t he run away? Well, he didn’t have to. Florida doesn’t think much of avoidance of violence. Zimmerman was brave enough to follow this “real suspicious” teenager, but not to subject himself to cross-examination. 

Because Martin is dead, we don’t know his side of the story and the prosecution evidently did not adequately present an alternative version of events. When Martin’s friend, Rachel Jeantel testified, she explained that Martin was afraid of Zimmerman. But, you know, as a 19 year-old black girl, she behaved like a 19 year-old black girl. She had avoided being involved in the case and was caught in some inconsistencies. Her speech and mannerisms insulted public opinion, and she was mocked as being fat, sassy, and stupid. 

Zimmerman had a gun, and if you take his own story at face-value, it was when Martin saw the gun that the fistfight escalated to a threat on Zimmerman’s life. No gun, no shooting. Simple, isn’t it? Zimmerman had a conceal carry permit despite a history of violence, including interfering with an arrest and being the subject of a mutual restraining order with his ex-fiancee. Frankly, under normal circumstances, a person with a record of violence and harassment should not be allowed to carry a firearm. 

An armed society is a polite society” goes the Heinlein quote. But in this case, no matter what you think of the fairness of the case against Zimmerman, that isn’t true. 

The law should not reward violence. The law should not excuse aggression. To maintain a civilized society, we ought to reward and excuse the avoidance of violence and aggression. Zimmerman should have stayed in his car. He never should have been in a position to confront – or be confronted by – Martin. This is why we have police, and this is why we entrust them with public safety. Zimmerman should have waited for the cops and let them do their jobs. They likely would have questioned him, canvassed the area for Martin, and asked him some questions. Martin would have lived to see his 18th birthday. 

This isn’t just about dumb gun laws or bad justification statutes – it’s about profiling. 

Zimmerman: Hey we’ve had some break-ins in my neighborhood, and there’s a real suspicious guy, uh, it’s Retreat View Circle, um, the best address I can give you is 111 Retreat View Circle. 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.

Dispatcher:  OK, and this guy is he white, black, or hispanic?

Zimmerman: He looks black.

Dispatcher: Did you see what he was wearing?

Zimmerman: Yeah. A dark hoodie, like a grey hoodie, and either jeans or sweatpants and white tennis shoes. He’s here now, he was just staring.

Dispatcher: OK, he’s just walking around the area…

Zimmerman: looking at all the houses.

Dispatcher: OK…

Zimmerman: Now he’s just staring at me.

Dispatcher: OK-you said it’s 1111 Retreat View? Or 111?

Zimmerman: That’s the clubhouse…

Dispatcher: That’s the clubhouse, do you know what the-he’s near the clubhouse right now?

Zimmerman: Yeah, now he’s coming towards me.

Dispatcher: OK.

Zimmerman: He’s got his hand in his waistband. And he’s a black male.

Dispatcher: How old would you say he looks?

Zimmerman: He’s got button on his shirt, late teens.

Dispatcher: Late teens. Ok.

Zimmerman: Somethings wrong with him. Yup, he’s coming to check me out, he’s got something in his hands, I don’t know what his deal is.

Dispatcher: Just let me know if he does anything, ok?

Zimmerman: (unclear) See if you can get an officer over here.

Dispatcher: Yeah we’ve got someone on the way, just let me know if this guy does anything else.

Zimmerman: Okay. These assholes they always get away. Yep. When you come to the clubhouse you come straight in and make a left. Actually you would go past the clubhouse.

Dispatcher: So it’s on the lefthand side from the clubhouse?

Zimmerman: No you go in straight through the entrance and then you make a left, uh, you go straight in, don’t turn, and make a left. Shit, he’s running.

Dispatcher: He’s running? Which way is he running?

Zimmerman: Down towards the other entrance to the neighborhood.

Dispatcher: Which entrance is that that he’s heading towards?

Zimmerman: The back entrance…(expletive)(unclear)

Dispatcher: Are you following him?

Zimmerman: Yeah.

Dispatcher: Ok, we don’t need you to do that.

Zimmerman: Ok.

Dispatcher: Alright sir what is your name?

Zimmerman: George…He ran.

Dispatcher: Alright George what’s your last name? A clicking or knocking sound can be heard here

Zimmerman: Zimmerman

Dispatcher: And George what’s the phone number you’re calling from? Clicking or knocking sound is heard again

Zimmerman: [phone number removed]

Dispatcher: Alright George we do have them on the way. Do you want to meet with the officer when they get out there?

Zimmerman: Yeah.

Dispatcher: Alright, where you going to meet with them at?

Zimmerman: Um, if they come in through the, uh, (knocking sound) gate, tell them to go straight past the club house, and uh, (knocking sound) straight past the club house and make a left, and then they go past the mailboxes, that’s my truck…[unintelligible]

Dispatcher: What address are you parked in front of?

Zimmerman: I don’t know, it’s a cut through so I don’t know the address.

Dispatcher: Okay do you live in the area?

Zimmerman: Yeah, I…[unintelligible]

Dispatcher: What’s your apartment number?

Zimmerman: It’s a home it’s [house number removed], (knocking sound) oh crap I don’t want to give it all out, I don’t know where this kid is.

Dispatcher: Okay do you want to just meet with them right near the mailboxes then?

Zimmerman: Yeah that’s fine.

Dispatcher: Alright George, I’ll let them know to meet you around there, okay?

Zimmerman: Actually could you have them, could you have them call me and I’ll tell them where I’m at?

Dispatcher: Okay, yeah that’s no problem.

Zimmerman: Should I give you my number or you got it?

Dispatcher: Yeah I got it [phone number removed]

Zimmerman: Yeah you got it.

Dispatcher: Okay no problem, I’ll let them know to call you when you’re in the area.

Zimmerman: Thanks.

Dispatcher: You’re welcome.

Black kid in a hoodie. Real suspicious. Hand in his waistband. Looking around. Runs when he sees Zimmerman. These assholes always get away.

Trayvon Martin ran away from the man watching him from his truck. The man got out of his truck to follow him. Trayvon ran away

Zimmerman made a snap decision about who Martin was. He had to be up to no good. He looked wrong – black kid with a hoodie. Hand in his waistband, holding onto his iced tea. These assholes always get away. These assholes. Real suspicious. We glorify violence and we excuse people for being afraid and suspicious of black teenagers. “You got a problem?” Martin asked Zimmerman.

Yes. Zimmerman did, in fact, have a problem. More than just one.

By the way, how were the riots? 

Shooting in Defense of Self-Defense?

Trayvon Martin Protest - Sanford

Photo by Flickr user WerthMedia

In the unlawful homicide of Trayvon Martin, accused killer George Zimmerman’s family are peddling his medical records from the day after Martin was shot and killed with a single bullet to the chest

Why are they putting this out? To poison the jury pool? To generate sympathy for the living shooter and make it seem as if the dead pedestrian armed with snacks was at fault? 

Zimmerman apparently had a nose fracture, black eyes, a few cuts, and two cuts on the back of his head. Martin had injuries to his knuckles. 

The difference is, of course, that the living Zimmerman’s injuries were revealed at a doctor’s appointment the day after Martin was killed. Martin’s knuckle injuries were revealed during his autopsy. 

Zimmerman is claiming that he killed Martin in self-defense. 

Yet this is a case where the known facts seem to indicate that Martin was walking home from the store when stalked and accosted by wanna-be cop Zimmerman, who was clearly upset at the prospect of a hoodie-wearing Black kid being in his neighborhood walking home. Zimmerman then disobeyed the demand of the 911 operator to not chase after Martin, and chased after Martin, accosting him

Understand that, from Martin’s point of view, he had no idea who Zimmerman was, or what he was doing. All he knew is that there was a large man who had been staring at him from an SUV, who was now chasing him down and trying to – what? Beat him? Kidnap him? Kill him? 

The only person in this situation who had the right to defend himself was Trayvon Martin – he was completely reasonable to defend himself against this unprovoked attack from an armed lunatic – by punching the lunatic in the nose, and trying to throw him off him. 

Zimmerman got his cuts and broken nose because he attacked an innocent and unarmed person. Shooting and killing Martin for getting a busted nose and cuts on his head? Totally unreasonable force from someone who admits he didn’t know whether Martin was armed. Zimmerman attacked the kid, and the kid was fighting for his life, and started beating the crap out of his attacker. Zimmerman isn’t just a dummy who should let the cops do their jobs, he’s a horrible fighter. So, when you start losing a fight you provoked and started, that gives you the right to shoot to kill? 

Nice try. 

Today’s Things

1. The best thing to come out of yesterday’s Anderson Cooper / Dyngus Day flap? The Buffalo Outrage Twitter account. Check it out next time Buffalo gets indignant over real and imagined slights from national figures. 

[blackbirdpie url=”https://twitter.com/#!/BuffaloOutrage/status/190103345762025472″]

I’d like to note that the point I made in my post about it yesterday – about my misgivings over the geography of the Dyngus Day festivities – was underscored by the fact that the Dyngus Day organizers held their faux-anger-at-Anderson press conference at Redlinski’s, which is not in the Broadway Market anymore, but instead located on Walden Avenue in Cheektowaga. I was pleased that the organizers didn’t overdo the outrage, and instead took it all in good humor and invited Cooper to the 2013 festivities. 

As for the geography, upon some reflection, I do enjoy the use of the Central Terminal as Buffalo’s unofficial convention center – the convention center that is architecturally gorgeous and begging to be used. But parading through a devastated community that hasn’t been Polish for decades still seems borderline insulting, and that’s what I object to. If Polonia is so great, why’d all the Poles move? 

2. What happens when a cow walks into the road and causes an accident – can the cow’s owner be held liable for negligently allowing the cow to roam around freely? Not in New York, and the Third Department’s Appellate Division took an unusual step and referred a case to the Court of Appeals, asking the state’s highest court to change the law. 

3. George Zimmerman, who shot and killed unarmed teenager Trayvon Martin was charged yesterday with 2nd degree murder. The case is rapidly becoming something of a circus, complete with the involvement of despicable judgment debtor Al Sharpton. At its core, however, the question of whether Zimmerman’s killing of Martin was justified is one a jury should decide – not the police.  In Florida, 2nd degree murder does not require premeditation; instead, a person is guilty if he commits a homicide, “with a depraved mind showing no regard for human life“. To my mind, when Zimmerman made the decision to exit his car to chase Martin – who was not committing any crime – he forfeited any right to a self-defense justification. Being black, wearing a hoodie, and looking at the overzealous neighborhood watch guy funny don’t justify homicide.  

Either way, both Trayvon Martin and George Zimmerman deserve this to be a fair trial by an impartial judge and jury. 

4. Last week, Capital New York’s Reid Pillifant published excerpts from an interview he conducted with Gingrich supporter Carl Paladino. Some key passages from the pride of Buffalo: 

“Unlike these other pussies that are saying, ‘Oh, we don’t want to have a brokered convention, oh’—they’re a bunch of pussies, OK? Those are the ones that are the establishment boys that think they’re still viable with the people. They’re not viable with the people anymore. Those are the control boys. All they’re about is keeping the status quo and the status quo is not real anymore for the Republican rank and file nationally.”

and 

Paladino also criticized Romney for his offshore investments, which the Washington Post reported yesterday still aren’t fully known, because the campaign is utilizing an obscure exception in federal ethics laws.

“Yes, he may be doing it in the letter of the law, in hiding his money overseas, to not pay taxes to the government that he now wants to run,” Paladino said. “Sounds sort of like [Jeff] Immelt at G.E., you know, they hold all that money offshore and, ‘Oh, I’m an American.’ He’s not an American anymore. He’s a fucking two-faced cock-sucker that shipped the x-ray division over to China last week.” 

Paladino is on a kick to grow his power statewide, and I don’t recall him using such colorful terminology on the record when dealing with local or regional matters. Part of me thinks it’s too bad, because that sort of language is seldom appropriate, but never more so than when talking about our local political establishment. 

5. Thursday in at the Square will be permanently moving from Lafayette Square to Canal Side.  More room, nice location, something to do by the water – everybody wins. 

6. Adding to the groups the Republican Presidential nominee is happy to alienate and offend, the homophobic National Organization for Marriage endorses Mitt Romney for President. NOM’s Twitter account was hacked yesterday, with hilarious results. 

7. I just saw the first pro-Romney SuperPAC ad on Channel 4, from the “Restore our Future” PAC, so named because apparently Kenyan Indo-Muslim Socialist Usurper N0bama has taken it away. 

8. The right wing hates not only Obamacare, but also Social Security. The 2008 financial meltdown apparently taught them nothing at all.

9. Turns out, James O’Keefe’s and Hannah Giles’  prostitution “sting” of ACORN wasn’t too far off the mark – problem is, Andrew Breitbart was the pimp, and O’Keefe and Giles were the whores

10. Here is Anderson Cooper putting himself on the Ridiculist after yesterday’s giggling fit over Dyngus Day. 

 

http://i.cdn.turner.com/cnn/.element/apps/cvp/3.0/swf/cnn_416x234_embed.swf?context=embed&videoId=us/2012/04/12/ac-ridiculist-giggle-fit-2.cnn

It’s nice when people can have a sense of humor. 

Today's Things

1. The best thing to come out of yesterday’s Anderson Cooper / Dyngus Day flap? The Buffalo Outrage Twitter account. Check it out next time Buffalo gets indignant over real and imagined slights from national figures. 

[blackbirdpie url=”https://twitter.com/#!/BuffaloOutrage/status/190103345762025472″]

I’d like to note that the point I made in my post about it yesterday – about my misgivings over the geography of the Dyngus Day festivities – was underscored by the fact that the Dyngus Day organizers held their faux-anger-at-Anderson press conference at Redlinski’s, which is not in the Broadway Market anymore, but instead located on Walden Avenue in Cheektowaga. I was pleased that the organizers didn’t overdo the outrage, and instead took it all in good humor and invited Cooper to the 2013 festivities. 

As for the geography, upon some reflection, I do enjoy the use of the Central Terminal as Buffalo’s unofficial convention center – the convention center that is architecturally gorgeous and begging to be used. But parading through a devastated community that hasn’t been Polish for decades still seems borderline insulting, and that’s what I object to. If Polonia is so great, why’d all the Poles move? 

2. What happens when a cow walks into the road and causes an accident – can the cow’s owner be held liable for negligently allowing the cow to roam around freely? Not in New York, and the Third Department’s Appellate Division took an unusual step and referred a case to the Court of Appeals, asking the state’s highest court to change the law. 

3. George Zimmerman, who shot and killed unarmed teenager Trayvon Martin was charged yesterday with 2nd degree murder. The case is rapidly becoming something of a circus, complete with the involvement of despicable judgment debtor Al Sharpton. At its core, however, the question of whether Zimmerman’s killing of Martin was justified is one a jury should decide – not the police.  In Florida, 2nd degree murder does not require premeditation; instead, a person is guilty if he commits a homicide, “with a depraved mind showing no regard for human life“. To my mind, when Zimmerman made the decision to exit his car to chase Martin – who was not committing any crime – he forfeited any right to a self-defense justification. Being black, wearing a hoodie, and looking at the overzealous neighborhood watch guy funny don’t justify homicide.  

Either way, both Trayvon Martin and George Zimmerman deserve this to be a fair trial by an impartial judge and jury. 

4. Last week, Capital New York’s Reid Pillifant published excerpts from an interview he conducted with Gingrich supporter Carl Paladino. Some key passages from the pride of Buffalo: 

“Unlike these other pussies that are saying, ‘Oh, we don’t want to have a brokered convention, oh’—they’re a bunch of pussies, OK? Those are the ones that are the establishment boys that think they’re still viable with the people. They’re not viable with the people anymore. Those are the control boys. All they’re about is keeping the status quo and the status quo is not real anymore for the Republican rank and file nationally.”

and 

Paladino also criticized Romney for his offshore investments, which the Washington Post reported yesterday still aren’t fully known, because the campaign is utilizing an obscure exception in federal ethics laws.

“Yes, he may be doing it in the letter of the law, in hiding his money overseas, to not pay taxes to the government that he now wants to run,” Paladino said. “Sounds sort of like [Jeff] Immelt at G.E., you know, they hold all that money offshore and, ‘Oh, I’m an American.’ He’s not an American anymore. He’s a fucking two-faced cock-sucker that shipped the x-ray division over to China last week.” 

Paladino is on a kick to grow his power statewide, and I don’t recall him using such colorful terminology on the record when dealing with local or regional matters. Part of me thinks it’s too bad, because that sort of language is seldom appropriate, but never more so than when talking about our local political establishment. 

5. Thursday in at the Square will be permanently moving from Lafayette Square to Canal Side.  More room, nice location, something to do by the water – everybody wins. 

6. Adding to the groups the Republican Presidential nominee is happy to alienate and offend, the homophobic National Organization for Marriage endorses Mitt Romney for President. NOM’s Twitter account was hacked yesterday, with hilarious results. 

7. I just saw the first pro-Romney SuperPAC ad on Channel 4, from the “Restore our Future” PAC, so named because apparently Kenyan Indo-Muslim Socialist Usurper N0bama has taken it away. 

8. The right wing hates not only Obamacare, but also Social Security. The 2008 financial meltdown apparently taught them nothing at all.

9. Turns out, James O’Keefe’s and Hannah Giles’  prostitution “sting” of ACORN wasn’t too far off the mark – problem is, Andrew Breitbart was the pimp, and O’Keefe and Giles were the whores

10. Here is Anderson Cooper putting himself on the Ridiculist after yesterday’s giggling fit over Dyngus Day. 

 

It’s nice when people can have a sense of humor. 

Trayvon Martin: Reality Check

That’s police surveillance video taken about 4 hours after Trayvon Martin was shot & killed. It shows George Zimmerman at the Sanford Police Station, in handcuffs, before his release. He doesn’t look too hurt here. At all. So, let’s examine the right-wing and racist freakout over Trayvon Martin and the outrageous attacks on him and his character. 

So far, nothing has been revealed to rebut the fact that the police expressly instructed George Zimmerman to not chase down Trayvon Martin.

So far, nothing has been revealed to rebut the fact that Trayvon Martin was completely unarmed at the time of his killing.

So far, nothing has been revealed to rebut the fact that George Zimmerman used deadly force to “defend” himself against a young kid armed only with snacks, who was trying to defend himself against a predator who had hunted him down. It’s quite likely that in Trayvon’s mind, this crazy man who chased after him could have been trying to rob him. Or kidnap him. Or worse. If anyone had a right to self-defense, it was the teen who was being attacked by the so-called, self-proclaimed “neighborhood watch” captain. 

By the way, when you’re part of a “neighborhood watch”, you’re supposed to watch. If you see something, you call the cops. You don’t play Batman. 

When this thing goes to court, all that crap about Trayvon’s school conduct, Zimmerman’s past arrests, and other extraneous nonsense is not going to be in front of a jury. What happened that day in that gated community, will. Based on that, I hope Mr. Zimmerman has a fantastic lawyer. 

Not to be outdone, Buffalo’s most reactionary and unentertaining Brian-the-dog-from-Family-Guy impressionist has this to say on his Facebook page: 

Funny. I own three or four hooded sweatshirts. None of them look like this. I guess wearing a hooded sweatshirt is exactly the same as being in the Klan, and clearly people who wear hooded sweatshirts deserve to be shot and killed when armed with Skittles. 

Unjustified Homicide of Trayvon Martin

Imagine your 17 year-old kid is at home watching college basketball, and during a break in the action he goes to the 7-11 to get some iced tea and Skittles. On his way back, as he’s walking through the apartment complex, he sees a hulking man in an SUV, talking on the phone and staring ominously at him. Your kid stops and checks the guy out. Something doesn’t fit here. It’s scary. In fact, your kid is on his own phone with his girlfriend. She tells him to run. He says no, he’s just going to walk fast. After all, while he’s scared of this weird guy in the truck, he’s not doing anything wrong.

The man gets out of his car and starts chasing your kid. Your kid runs too, but he’s no match for his larger predator. They end up wrestling on the ground. The whole neighborhood hears the tussle, and calls to 911 are made. On one of the calls, your kid’s voice is clear as a bell, screaming, pleading for help – for this unprovoked attack to stop. Suddenly, a shot rings out. The 911 caller gets away from the window. The screaming has ended abruptly. Your child is lying on the ground, wearing a hooded sweatshirt, bleeding from his chest.

He’s shot by a guy with a police record involving violence; a part-time rent-a-cop security guard. A guy who packs a 9mm while running a neighborhood watch in a gated apartment complex.

I mean, there had been 8 break-ins at the complex in recent months, all allegedly done by young black kids. Trayvon Martin was a young black kid. Ipso facto, right?

When the cops come and find the shooter and your dead kid, the shooter is taken into custody for an investigation to take place, but he’s quickly released. You see, you live in Florida, and the self-defense statute has been amended to take away any requirement that the person claiming self-defense first retreat before using deadly force; under this new rule, drafted and promoted by the powerful gun lobby, a gun owner can “stand his ground”.

Meanwhile, your kid is dead on the ground – armed only with an Arizona iced tea and Skittles – for the crime of, at worst, looking at someone funny.

Trayvon Martin wasn’t breaking any law when he was shot and killed. And when all the nonsense shakes out, we’ll quickly learn that this case doesn’t really invoke the much-criticized “stand your ground” law. Martin’s killer, George Zimmerman, didn’t “stand his ground”; he affirmatively chased Martin down before shooting him. He was a predator hunting what he called “f*cking coons” on his 911 call to Sanford Police – the same police department that instructed Zimmerman to not pursue Martin.

It’s not just the facile prejudice that Zimmerman had about a black kid wearing a hoodie that’s distressing here; Martin, after all, had every right to be in the complex – he was at his father’s apartment there.

There was no moral or legal justification for this homicide. In fact, the police department here appears to have interfered with its own investigation – to call it a cover-up isn’t out of line. As witnesses recounted their stories – some said the shooter yelled “help”, others said it was Martin, the police on the scene made sure to “correct” them and insist that it was Zimmerman who yelled for help.

Help from what – a kid who weighed 100 lbs less, who had tried to flee from him?

“Stand your ground” may indeed be a horribly misguided law that has led to terrific difficulty in prosecuting gun crimes in Florida, but this case doesn’t even invoke that statute.

I think it’s pretty clear that George Zimmerman committed a murder. He shot and killed a kid who was unarmed and unable to harm him. He had no reasonable fear of imminent death or severe bodily harm – he had subdued his victim to the point where Martin was screaming for help.

The shot to the chest shut him up, and now the only criminal running around that gated apartment community is its own self-appointed “neighborhood watch captain”.