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Ari Weisbrot

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Defending Due Process in the Trayvon Martin Case

Posted: 03/27/2012 2:00 pm

It's time for authorities to arrest Al Sharpton. I don't know if he committed any crimes, but let's arrest him and see what we can dig up. After all, he is, once again, loudly calling for the arrest of George Zimmerman in Sanford, Florida, even though, at this point, even the great Reverend has absolutely no idea what happened the night of February 26 on the dark streets of Sanford, other than a young black male was shot to death and Zimmerman was holding the gun.

None of the thousands of protesters taking to the streets throughout the country knows why Trayvon Martin died. If Zimmerman fired the shot out of fear, or bias, or a John Wayne complex, he should spend the rest of his life rotting in a tiny prison cell. There is certainly reason to believe that is the case. But, there is also reason to question those who would convict Zimmerman before hearing all the facts.

Today we learned that Zimmerman claims Martin punched first and broke Zimmerman's nose. There is no question that police discovered, upon arrival, that Zimmerman had a bloody and broken nose. Guess what. A guy with a gun typically does not end up with a bloody nose in a confrontation with an unarmed opponent unless the unarmed guy hits first. It does not much matter who approached whom that night. It seems unlikely, though not impossible, that Zimmerman made the first physical contact. The only eyewitness to the tragic event is Zimmerman and his version is beginning to jive with the physical evidence.

I am not going to stoop to Sharpton's level and declare Zimmerman innocent. If Zimmerman had just left the kid alone, I have a feeling no one would have been hurt and no crimes would have been committed. By all accounts, Martin was just passing through the neighborhood. And, it is clear that Zimmerman is a law enforcement wannabe who instigated the fight by following Martin when police clearly told him not to.

But, I am also not ready to convict the guy -- not without knowing the facts or reviewing the evidence. Perhaps that will never be possible, but in the United States we don't arrest people just because our first instinct tells us he did something wrong. I am not even sure why Mr. Sharpton would want to send that message to young blacks. (Although, to be fair, taking a thoughtful and methodical approach might not get him on television).

Florida made this mistake before when it called for the conviction of Casey Anthony, despite the lack of a single shred of evidence that she was involved in her daughter's death.

We love drama. We love to protest. We love to fight for a cause. That's what makes us American. But, what also makes us American is due process, justice, the presumption of innocence. The police know where to find Zimmerman. The FBI and the president are involved. I have a feeling the truth will come out and once it does, there will be plenty of time for grandstanding.

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01:18 AM on 03/29/2012
This is a great article, thank you for putting the work into it Ari. People are loosing site of what justice means. Many have attached the notion that finding Mr. Zimmerman guilty equates to justice, but justice shouldn't pick sides or get caught up in the landslide of human emotion. If upon further investigation, based off hard evidence, charges due arise against Mr. Zimmerman, he should have his day in court, presumed innocent until proven guilty. If however it's found that Mr. Zimmerman's actions were indeed a measure of self defence, we must accept a sad reality, learn the hard lessons and apply the appropriate changes--without a riot.
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Dimensio
I just don't know what went wrong!
09:07 AM on 03/28/2012
What you propose is dangerous anarchy.  Without lynch mobs, a rush to conclusion without accumulation of factual data and automatic presumption of guilt, news agencies will be substantially hindered in their ability to sensationalize events.
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OdinsEye
Korean-Latino cop and retired military combat vet
12:04 AM on 03/28/2012
If you aren't on board with the "Lynch Zimmerman" crowd, you are not going to get many folks who will read your article.
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OdinsEye
Korean-Latino cop and retired military combat vet
10:54 PM on 03/27/2012
Ari, you're talking sense. That will not be tolerated.
11:04 PM on 03/27/2012
Ha. Thanks.
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DrewzAskew
Hypocrisy now synonymous with Conservative
03:47 PM on 03/28/2012
but isn't there a case for manslaughter. He shot an unarmed kid after being told to stand down by police dispatch. When he hung up the phone with 911 he was not engaged. He was told to stand down, he ignored and got engaged with Martin and now one person is dead. You can start a fight with a gun strapped to your side and still lose that fight. But you cannot start a fight if you are still in your car doing what police dispatch told you to do. For this reason alone, there reason to arrest Zimmerman on manslaughter. Now police may have not put those pieces together that night. But right now they have at least those pieces, yet Zimmerman still walks free and can be considered a flight risk. You arrest, he posts bail and continue the investigation. If he is not guilty he gets acquitted.
Beyond reasonable doubt is for the trial, not for an arrest.

Al Sharpton has not killed a person. Zimmerman has, after being told not to engage. Holding him on manslaughter is due process.