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Trayvon Martin Case: Zimmerman Did Not Use Racial Slur, Affidavit Says

By MIKE SCHNEIDER 04/13/12 05:22 PM ET AP

ORLANDO, Fla. — Despite what some people think they heard, prosecutors say George Zimmerman did not utter a racial slur in his call to 911 on the night he shot Trayvon Martin.

The disputed words on the recording turned out to be "these f------ punks," prosecutors said in an affidavit filed Thursday in support of the murder charges brought against the neighborhood watch volunteer in the Feb. 26 slaying of the unarmed black teenager.

In yet another passage in the affidavit that caught the attention of those watching the racially charged case, prosecutors said Zimmerman "profiled" Martin just before the shooting. The document did not elaborate, and a spokeswoman for special prosecutor Angela Corey on Friday refused to explain it.

But legal experts warned that "profiling" does not necessarily mean "racial profiling." "Profiling" is a common law enforcement practice of using a set of facts and circumstances to determine whether someone may be committing a crime. Police typically look at a person's behavior and appearance, as well as other factors.

In the Martin case, Zimmerman told a police dispatcher: "This guy looks like he is up to no good. He is on drugs or something." Zimmerman reported that the teenager had his hand in his waistband and was walking around, looking at homes in the gated community in Sanford, which had had several break-ins in the past year.

"When we see the word `punks' and we connect that to the word `profile,' I don't think that is compelling proof that it's racial profiling," said Kendall Coffey, a former U.S. attorney in Miami who is now in private practice. "This guy appeared to Zimmerman to meet the profile of a criminal."

He added: "Whether you're white, black or Hispanic. You have a hoodie. You're walking around."

Zimmerman's attorney, Mark O'Mara, said the affidavit supported his contention that race wasn't a factor.

"Presumably, they've looked at all the evidence and haven't determined anything that would support a racial component," O'Mara said Friday.

Zimmerman, 28, has claimed self-defense, telling police that Martin attacked him as he was walking back to his truck. Zimmerman's father is white and his mother is Hispanic.

After the release of the 911 recording in mid-March, the belief that Zimmerman muttered a racial slur fed suspicions that the killing was racially motivated and stoked demands that the U.S. Justice Department bring civil rights charges. News organizations used audio technology to enhance the 911 call and try to figure out what he said.

Prosecutors did not explain how they reached their conclusion. But Harry Shorstein, who was Corey's predecessor as state attorney in Jacksonville, said her team probably relied on audio enhancing from the FBI or the Florida Department of Law Enforcement.

Shorstein called such enhancing "an indefinite science." But Coffey said the fact that Corey inserted the exchange in the affidavit reflects her team's confidence that Zimmerman used the word "punks" and not the slur.

Legal experts cautioned that the affidavit, the full text of which is available at , is just a rough sketch of the prosecution's case and does not contain all the evidence. But Coffey said he did not see enough in the affidavit for the Justice Department to make a hate-crime case stick. http://apne.ws/Itn7Nu

Nevertheless, Florida defense attorney Randy McClean said Zimmerman's use of the word "punks" and his profanity in describing Martin may help Florida prosecutors make the case that Zimmerman was the aggressor.

"It begs the question of who was the most likely aggressor," McClean said. "A teenager walking home ... or the person who believes the teenager he is observing is a `f------ punk,' an `ass----,' and getting away with something."

U.S. Justice Department spokeswoman Xochitl Hinojosa said the department is conducting its own, separate investigation, and she refused to comment on the special prosecutor's findings.

At a brief hearing Friday, the judge overseeing the case, Jessica Recksiedler, said she might have a potential conflict of interest since her husband works with a lawyer who was first approached by Zimmerman's family to represent Zimmerman. That lawyer, Mark NeJame, also is working as a CNN legal analyst on the case.

Recksiedler asked the defense and the prosecution to submit their views on the potential conflict before a bail hearing next Friday.

FOLLOW BLACK VOICES

ORLANDO, Fla. — Despite what some people think they heard, prosecutors say George Zimmerman did not utter a racial slur in his call to 911 on the night he shot Trayvon Martin. The disputed word...
ORLANDO, Fla. — Despite what some people think they heard, prosecutors say George Zimmerman did not utter a racial slur in his call to 911 on the night he shot Trayvon Martin. The disputed word...
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09:20 PM on 04/18/2012
If he was racially profiled, don't black people want to know why? How come whites don't racially profile asians in the same way? Why would george zimmerman racially profile an unfamiliar black teen walking through his neighborhood at night? Hmmm. I just can't figure it out. I know the most palatable way to explain it is whites are just racist bigots that want to do harm to all black people. The least palatable is that it is simply a normal reaction by a reasonable person. I consider myself reasonable and i racially profile every stranger i see. So do you. Your protestations of equanimity notwithstanding.
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donbrown
A television producer in Hawaii
10:34 PM on 04/18/2012
There is no blanket "normal" reaction. It depends on your experience, location, and attitudes of those around you.

For example, in a state like Hawaii where whites are the minority, most residents are Asian, and most African Americans are in the military there are a whole different set of expectations than if you lived in a mostly white suburb in Texas. It makes no sense to profile here since the population in so racially mixed.
08:09 AM on 04/19/2012
i certainly agree with all that. Doesn't change my questions though, about why people profile people in the ways that they do. Usually, it is a normal reaction. In your example, if i have never been to Hawaii, i am going to bring my knowledge and experience with me. I may still profile certain people in certain ways under certain circumstances until i have new information or experiences. It's reflexive. It's a survival instinct and everybody does it instantly to everyone they are unfamiliar with. Even you blacks and liberals that are saying no in your head right now.
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Jader Jarvis
10:06 AM on 04/16/2012
To say Zimm did not do racial profileing is a scam and a farce, but no big surprise, this is northern Florida, racism is alive and thriving.
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dwayner
11:43 AM on 04/16/2012
While I think that race probably was a factor, as I don't think the outcome would have been the same had Zimmerman observed a white, blonde, blue-eyed kid doing the exact same things that night, it all boils down to what can be proved in court. In the absence of a racially tinged history, or clear evidence to support it, only Zimmerman will ever know what really was going through his mind as he observed Martin.
08:53 PM on 04/15/2012
So now it began, the "it can't possibly be a hate crime" Martin was RACIALLY" profiled If Martin was a 17 yr old Caucasian he would not have be suspected as being "suspicious" Zimmerman was the instigator and should have stay in his vehicle till the police came. Zimmerman had no legal right to stalk/follow, confront,and ultimately kill Martin.
01:55 AM on 04/16/2012
I don't know if Martin was or wasn't racially profiled. I haven't made up my mind yet. I do know that the FBI has the best audio lab in the nation, and if they say he didn't say that, he didn't say it. There is one thing that I don't understand, though. A lot of people on these forums (presumably, "people of color") swear that Zimmerman was being racist. Al Sharpton and Jesse Jackson have led protests and made speeches about it. What I don't understand is how all these people can be so outraged over this case when the same people made no comments or held protests or gave speeches last summer, when the incidents in Milwaukee and Philadelphia took place. Not one word was said about the racial violence taking place in those cities. Why? And how can you demand "fairness and equality" when you refuse to hold ALL people of all races to the same standards that you want Zimmerman held to? Every time I ask this, there is complete silence, no replies. I wonder if I'll get a reply from you.
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Jader Jarvis
10:01 AM on 04/16/2012
The difference is when the black person commits the crime they go right to jail with full prosecution. When a white person commits a crime, like in this case, the police department does a minimal investigation and the perp goes free. This time the parents raised an uproar, but this police department has gotten away with this in the past.
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02:16 AM on 04/17/2012
I have news for you. You are racist. Since you've joined Huffington Post, two-thirds of you comments have been defending the murder of an unarmed black kid. Many of your posts are spouting statistics about blacks as violent criminals. You have several posts talking about unreported black on white crime. I'm sorry but you're racist. You see the world through a filter of white oppression. You need to take a good hard look at yourself. You have a lot of growing to do.
02:19 PM on 04/17/2012
@ sjl4evr

First off you assume I or any one know of the incident your referring to ..I don't . Secondly I know what racial profiling is because I experience it everyday so save the comments about "people of color" talking racial profiling. You from your comment don't and won't be judge based on your skin color,you won't be followed around the stores for no reason,you won't be stopped by a police for just being "suspiciously" dark skin. You have no idea what you are talking about. Your children aren't in danger when walking down a street and will have some racist follow you stalk you confront you and ultimately kill you. America is a racist society that has embraced unjust laws that favors Caucasians since the start of this country then and obviously now. That Polly Anna stuff about,
your quote-(Why? And how can you demand "fairness and equality" when you refuse to hold ALL people of all races to the same standards that you want Zimmerman held to?

We have for years but as always you and your kind want to ignore and make believe that racism does not and have not existed.Your "White Privilege" won't allow you to see beyond your own existence.

When "ALL" people are treated fairly with out racial,and economic bias then standards of "fairness and equality" will truly exist in America and maybe the world.
10:53 AM on 04/22/2012
It is true. A lot of racist and undercover racist and race baiters that are writing on this site. This is so refreshing. I am glad they print some of the other point of views here. not so on other sites.
08:01 PM on 04/15/2012
He was "Profiled" Hoodie wearing "black kid"
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Deeza
10:04 PM on 04/16/2012
So--uh, that constitutes a "hate crime". Saying there's a punk in a hoodie? If he's profiling anyone it's punks, not blacks. Nobody can just cry "hate crime!" because the killer has a different color skin from the victim. If it were that easy then half or more of the crimes committed in this country would be considered hate crimes. And if anyone actually wants to find out-- they ought to google hate crime law.
08:00 PM on 04/15/2012
It DOSE NOT matter any more if thier was or was it a racial slur what matter's is NOW and finally justice has been made.About time now Trayvon family/friends can at last fell that thier was some justice made.GOD is the judge and jury and prosicutior GOD knows the truth every body else is going on hear say or thier fellings..I believe Zimmerman should not be in pritective custody he should be put in population amongs other inmates so they can take turns beating Zimmerman up thats just my oppinion R.I.P Trayvon Martin.
07:49 PM on 04/15/2012
It DOSE NOT matter if thier was a racial slur or not any more GOD bless that justice was made so Trayvon Martin can R.I.P and his family can fell that some justice was DONE but it's not over yet.Let GOD take control of this and i Pray they let Zimmerman out of.Protective costody for a day so he will REALLY get beat up so as he proclaimed that Trayvon beat him up Zimmerman will get what he deserves in do time.
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Stephen B Kidde
Human Rights Rule!
07:35 PM on 04/15/2012
TM was walking home from the store with an iced tea and skittles. He was talking with his girlfriend on his headset phone. GZ racially profiled TM in order to pursue him. GZ was acting as an aggressor, not as a concerned citizen on neighborhood watch.
05:35 PM on 04/15/2012
Betchya Zimmie now wishes that he never got out of his vehicle that night!
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ReddKatt
I know Karate, Kung Fu, and 47 other scary words
04:51 PM on 04/15/2012
This is just grasping at straws. We all heard the racial slur he said. It's clear what he said, "F____ing c___s" however, the prosecution is charging him with 2nd degree murder which means they intend to prove that Zimmerman pursued and ultimately murdered Trayvon maliciously. They don't need to prove it was racially motivated just that his motive was malicious. We all know WHY he did it, but now it's the burden of what can be proven. If the media can convolute what he said, I'm pretty sure any decent defense attorney will do the same thing and create reasonable doubt. By establishing it in the affidavit it becomes an pointless argument as to what he said.
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09:36 AM on 04/15/2012
Here is what I heard. There is NO POINT in bringing up the racial slur right now. It can always be brought up later if it's determined with ZERO doubt and experts that he did in fact use a racial slur.

Please also remember that a FED investigation REMAINS UNDERWAY. ALL THEY ARE SAYING IS THEY DON'T NEED TO MAKE THAT STATEMENT RIGHT NOW.
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Leon Holston Sr
09:34 AM on 04/15/2012
please dont believe your lying eyes and ears.believe the obvious lies of the defense attorneys for the minor killer.
03:33 AM on 04/15/2012
There may not have been a racial slur useed, but there was a comment said that is considered profiling and can be construed as just as volatile as a racial comment like using the N word. So, let's cut out the hogwash and let the legal experts do their job. Everybody is playing ambulance chaser, judge and jury, The main thing that has been accomplished is there is someone in jail facing charges. The parents of the dead son reached out for help, and thankfully someone received the SOS.
02:59 PM on 04/17/2012
Yes, the epithets Zimmerman used definitely showed extreme hostility toward someone he didn't know.
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Deeza
02:16 AM on 04/15/2012
IF Zimmerman had been black and the same EXACT events had occurred, this would have been a minor blip on the national scene. And more likely just read about in the local newspapers, and Trayvon's parents would be mourning their son alone without Al Sharpton and Spike Lee and Jesse Jackson shouting "injustice!" The fact of the matter is, more black on black crime is committed in this country then black on white or white on black. A young man is dead and that is a tragedy but this does not mean it was racially motivated.
08:52 AM on 04/15/2012
Who cares? We are not dealing with "IF"s. We are dealing with what happened that evening in this specific case. Sorry you don't like it that so many people (black, white, conservative, liberal, male, female, old, young) are speaking out wanting to make sure that this case is thoroughly investigated to make sure another tragedy like this doesn't happen again. It's not a race thing for me, it's a right or wrong thing. If this was self-defense, prove it. A young man is dead, and there better be a good reason why.
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Deeza
06:57 PM on 04/15/2012
Because the other crimes --like black on black-- (a HUGE statistic) gets no coverage and nobody cares what's going in in those neighborhoods where kids are being shot randomly every day. BUT a mixed race crime gets everyone engaged and angered. And maybe because I live in these areas where I see a lot of crime that NOBODY writes about or cares about. Let's face it, there are certain crimes that get 'special treatment'. And this is one of them. But there is A LOT of injustice that happens every day of the week here in this country and elsewhere.
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09:37 AM on 04/15/2012
BS. IF ZIMMERMAN HAD BEEN BLACK AND THE DEAD KID WHITE; ZIMMERMAN WOULD HAVE BEEN ARRESTED ON 2/26/2012 AFTER THE POLICE BEAT HIM.

GET REAL!
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Deeza
07:21 PM on 04/15/2012
PLEASE read carefully. I said if the EXACT same scenario had played out with a young black man killing a black teenager and the SAME scenario played out where he was not arrested... NOBODY would be shouting about this because it would only be in the local newspapers. BUT because Zimmerman was NOT black and Martin WAS this tragic event has been a call to arms by Sharpton, Spike Lee and others who simply want to further their own agendas and popularity.
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Peni4yothot
false evidence ain't real
07:09 PM on 04/14/2012
Hmm, the PC reflected what was stated by family via GZ himself. It's easier to go with the flow in a PC then to state the impossible. Some people thought he said; toast, cold, goon as well as the racial ept word. I have my belief however, we have to wait to see how the prosecutor will present it once it gets past the SYG hearing. (if)
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scotlandzking
06:28 PM on 04/14/2012
I like how people keep saying it has everything to do with race, yet those same people seem to overlook the fact that Zimmerman isn't white. But I guess why let a little tidbit get in the way of calling him a white racist who exemplifies a corrupt judicial system that is run by a bunch racists white folk.
07:29 PM on 04/15/2012
In all due respect, you don't have to be white to be racist. Think about that for a day or 2. Ask yourself, if it's possible to be non-white and racist. I'm not trying to be sarcastic, I just think it's better that you work this out on your own.
03:04 PM on 04/17/2012
You are saying that. Did you tell his father he's not white?