For the past month, demonstrators around the country, including, civil rights activists, politicians and celebrities have chanted "Justice for Trayvon" and "No justice, no peace." Over 2.2 million people have signed a petition on Change.org calling for the state of Florida to charge George Zimmerman in the killing of Trayvon Martin.
Most people emotionally and intellectually engaged in this tragedy, anxiously await the decision as to the whether Angela Corey, the special prosecutor appointed by Governor Rick Scott, will bring this matter before the grand jury on April 10, 2012. Corey, the state attorney in the Duval, Clay and Nassau counties in Florida, told the Miami Herald, "I always lean towards moving forward without needing the grand jury in a case like this. I foresee us being able to make a decision and move on it on our own." However, as the clock continues to tick closer towards April 10, and reports swirl that two district attorneys, appointed by Corey, have interviewed Trayvon Martin's girlfriend within the last couple of days, it looks more likely that the grand jury will make the ultimate recommendation as to whether or not to indict George Zimmerman. Still, most people calling for an indictment, do not understand the role of a grand jury, nor the grand jury indictment process in Florida.
Trayvon Martin, an unarmed, 17 year-old African-American Florida teen, was shot and killed by George Zimmerman, a self-appointed neighborhood watch captain on Feb. 26, 2012. Zimmerman, a 28-year-old Hispanic male, whom the Sanford police department repeatedly referred to as "white" in the relevant police reports, has claimed self-defense. He was not arrested, nor charged in the shooting death of Trayvon Martin due to Florida's controversial Stand Your Ground law. The Florida law declares:
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, a prosecutor may bring charges on behalf of the State without the assistance or permission of a grand jury, unless she intends to charge the accused with a capital offense, whereby, the death penalty may be requested. It is unlikely that the State would look to charge Zimmerman with a capital offense, like first degree murder. Therefore, the grand jury's involvement is most likely due to the complexity of this matter. In Florida, grand juries are utilized for controversial cases, or when there is alleged wrong-doing by a public official or the police. The grand jury's primary role will be to vote on a set of proposed charges -- known as an "indictment" to determine whether sufficient evidence exists to justify an indictment against George Zimmerman.
In Florida, a grand jury must consist of between 15 and 21 people. Grand jurors are normally appointed for five to six months of intermittent service. In order for the grand jury to indict Zimmerman, 12 jurors must concur to do so. The standard by which the grand jury is to decide whether the prosecution has presented sufficient evidence to indict the accused, is by a determination of whether there is probable cause that a crime has been committed, and that Zimmerman committed the crime. This standard is in contrast to the trial jury's strict standard of guilt beyond a reasonable doubt. In essence, the grand jury initiates a criminal prosecution, whereas, a trial jury, very often, concludes a criminal prosecution by delivering a verdict. The grand jury's decision will come when they have thoroughly reviewed the evidence, conducted their own investigation into the facts and voted. This process can take a day, a week or longer. Consequently, the fate of George Zimmerman will most probably not be determined on April 10. Whether or not an indictment is returned, the grand jury may issue reports recording their findings and insight to their decision.
The grand jury proceeding is the prosecutor's tool because, essentially, she is the only official present. The presiding judge rarely participates and only does so to resolve legal issues which may arise.The accused, in this case, Zimmerman, is not permitted to present evidence in his defense or cross-examine witnesses. If Zimmerman is subpoenaed to testify, his testimony cannot be used against him at trial. The one-sided nature of the grand jury process gave rise to the New York State chief judge Sol Wachtler's famous quote, "you can indict a ham sandwich." The prosecutor, Corey, will present her case to the grand jury by questioning the witnesses she has subpoenaed and presenting other evidence relevant to the alleged offense. The grand jurors may also question witnesses; request additional evidence, or even ask that more witnesses be brought before them.
The grand jury session, deliberations, and voting are confidential. Angela Corey may announce, in general terms, that the grand jury inquiry involves the death of Trayvon Martin. However, an announcement giving greater detail is not permitted. Reporters are free to observe the coming and going of witnesses into the grand jury room, but Florida statutes expressly prohibit grand jurors, state attorneys and all other court personnel from discussing with anyone the testimony of a witness or other evidence presented to the grand jury. However, the United States Supreme Court, declared that the Florida statute could not limit a grand jury witness from discussing with reporters their testimony, especially once the grand jury proceeding has concluded. Often leaks occur and the media will report information provided by sources close to the grand jury, the accused and the court documents.
The Trayvon Martin killing has galvanized the entire country and April 10, 2012 appears to be a pivotal day for Trayvon Martin's family, George Zimmerman and the millions of people looking for answers. President Obama stated, "If I had a son, he'd look like Trayvon," underscoring how the issue affected him on a personal level. "I think [Trayvon's parents] are right to expect that all of us as Americans are going to take this with the seriousness it deserves, and we are going to get to the bottom of exactly what happened."
Trayvon Martin supporters are using social media to encourage people to wear a hoodie on April 10 as a sign of solidarity and to send a message to the Seminole County grand jurors. Hoodies 4 Trayvon, Justice for Trayon Martin representatives and many other supporters are planning to continue the Million Hoodie March for Trayvon by descending on Seminole County on April 10, 2012. As in other cases brought before it, this grand jury has a very serious task at hand; however, this time, the whole country is watching and waiting.
Follow Tanya Young Williams on Twitter: www.twitter.com/ImTanyaWilliams
Ken Blackwell and Ken Klukowski: The Truth About "Stand Your Ground" Laws
They posted the photo of a 12 year old boy who was much older and in fact a 6'4"bully..,Then they clipped the 911 call to make it sound like an all out murder.
The truth was NOT told.
http://hamptonroads.com.nyud.net/2012/05/beating-church-and-brambleton?page=2#comments
I wonder where all and jesse were. Oh yeah the victims are white so it is ok.
You posted the following:
“Your post is completely devoid of any factual basis or anything that even REMOTELY undermines Zimmerman's account, The police report, witness statements and police observations all back up Zimmerman. Facts just suck huh? Which is why you haven't posted any just the tired old 'everything is racist' rant. Saying "black" and "kid" over and over doesn't disprove justifiable homicide no matter how much you think it does.”
It's clear that you are a Zimmerman supporter. Fine; we get it. NO, I do not BUY INTO any of the so-called Zimmerman account of what happened. Countless inconsistencies, etc. First of all; it keeps changing. Secondly, Trayvon Martin was a kid; (black as well) too bad if that bothers you. He had just turned 17 YO. He was KILLED ON FEB. 26, 2012.
My point and position is there IS more than enough INFORMATION (PROBABLE CAUSE) for an arrest. I don't need to argue self-serving and possibly tainted so called facts with you. Zimmerman should be held accountable and he can argue his so called self defense position "IN A COURT OF LAW".
The FBI, DOJ, and many others are involved.
With respect to your last statement regarding racism; not sure what you talking about but yes there are many racist on here. To deny it doesn't make it go away.
As much as you don't want this case in the court system; that's exactly where I think it's headed. Rightfully so.
So why would an armed vigilante get out of his car and approach a stranger after being told to stay away? That is a major factor and needs to be answered in a court of law.
http://www.change.org/petitions/at-t-corporate-funders-stop-supporting-alec-or-face-boycott
ALEC helped to push the heinous 'shoot first' laws that allowed many to avoid justice and have opened the potential for a wave of guiltless murders. Please help to reign this radical organization in.
I doubt it.
The biggest question is; will there be any justice for the killing of Trayvon Martin??
Will a grand jury actually be convened?
I fear the repercussions if Zimmerman is allowed to go free without a trial; which is a big possibility.
The American people are entitled to answers and not speculation.
Why did Angela Corey demand a media blackout on this case? What is there to hide?
Since this case has polarized a nation; we are ALL entitled to the facts of the case.
I pray that Ms. Corey does the right thing; and that is to let a jury of Zimmerman's peers judge his guilt or innocence.
I also pray that legislators find their sound minds and repeal these "Stand Your Ground" laws that allow you to KILL another human being with the mere thought of just feeling threatened.
If for some reason Ms. Corey finds no probable cause for arresting Zimmerman, then Eric Holder should step in, take control of the case and try Zimmerman for a hate crime.
I am fed up with waiting and want Justice to prevail in this case. It has been close to six weeks and still no arrest. What is wrong with these people in charge of the investigation??
Angela Corey is known to be a tough prosecutor. Let's give her a chance. I do think that she will no the right thing. That's my hope as well.
This story is NOT GOING AWAY and Let's make certain that IT DOES NOT.
If you think about it; since we hope this will go to trial; the less she says about any evidence collected the better at this point. If charges are brought, the STATE will be bringing charges against Zimmerman.
Let's say there is a trial. Where would it be held? Wonder if he could get a fair trial in Iraq?
i understand that trayvon was wearing a hoodie on the night of the incident and some people think its not fair to judge a person wearing a hoodie. but the thing that bothers me now is that a lot of criminals that are real criminals are going around wearing hoodies and getting away with crimes knowing that no one will say anything to them because everyone is nervous to.
look at the shooting that was on the news a few weeks ago and it's when the basketball star dwane wade's nephew got shot and the police said it was 2 people wearing hoodies running from the scene and jumped in a vehicle. you see my point? so now the bank robbers, and the real criminals will just go and put a hoodie on and not have to ever feel suspect. that really helped our country with crime.
just my opinion
It was raining and believe it or not it gets cold in Florida in March.
When I was a kid people said males wearing long hair was suspicious...so if you kept your hair short, you got a pass.
so next time someone robs a bank, go ask them why they had to hide there face and the answer you will get is so "they don't get caught"
and how do they not get caught? it's because they are hiding there face behind a mask or a hoodie.
enough said, you got your opinion and i got mine. welcome to America.
good day to you.
Major corporations are interested, they've shown so, by removing their name... the United Nations on Friday announced an investigation regarding Human Rights violations against Trayvon Martin plus other cases under this SYG law. So America has company because now the world has gained interest! I hope this answers what happened, as you posted in your comment.
In the meantime, the task force which includes, lawyers, state officials, judges and more are investigating this law and find it quite troubling because it is confusing and at worst not litigatable. No law can spread like an umbrella to protect a person when there are questions towards, the actions and misconducts... repeal the law as the GJ, will review what is given to them for a vote.
the United Nations on Friday announced an investigation
Please think about that and tell me you are not serious.
Holy crap .. The United Nations?
Stay tuned.
What happens if the grand jury finds no true bill? Never mind.
I also think that Zimmerman will be arrested and charged. I also expect civil charges against him and others at some point.
There was probable cause THAT night according to police and yet, Zimmerman is STILL NOT ARRESTED AND CHARGED with manslaughter which is what the police wanted THAT night.
WHY? WHY is it that Zimmerman gets reduced charges for attacking a police officer in a prior arrest? WHY is it that NOT ONE PERSON in the Florida justice system gives one wit that there be justice in this case?
So far, Corey is just making it worse. MUCH WORSE.
1. The police do not decide who to charge and try. Prosecutors do.
2. A Grand Jury is about as impartial and independent a body as it gets so why you would complain about it going to a GJ is anybody's guess.
The simple fact is Zimmerman is not charged because THIS CASE IS A DOG. You have Zimmerman saying he was punched in the face, knocked to the ground, and his head slammed against the ground. You have a police report that notes injuries consistent with Zimmerman's account. That report will almost certainly be backed up by the testimony of police officers who contributed to it. It's been reported that confidential sources in the police dept say there are also witnesses backing up the account of Zimmerman's head being slammed into the ground. There is not a shred of evidence that Zimmerman was the aggressor or that the shooting was not justified under FL law. Following someone does not justify them punching you in the face, knocking you to the ground and slamming your head against the ground. On the other hand slamming someone's head into the ground clearly justifies deadly force. People like you complain about the initial investigation because it didn't conclude what you want it to. Now you complain about the special prosecutor because apparently she is being to thorough and taking to long. Then you complain about the case going to GJ.
Zimmerman has NO authority under the law to intimidate anyone this way. It is illegal and constitutes initiating the entire event. He cannot then claim self defense because he instigated the event and Martin was defending himself.
The POLICE did not buy Zimmerman's story and recommended arrest and the charge of manslaughter which there was and is probable cause for that. Now, had the prosecutor NOT been a friend of daddy Zimmerman and was working on the up and up, they'd have brought the charge and let the court work as it is supposed to. The prosecutor is not judge and jury here, they bring charges based on evidence and stand your ground does not change that.
I don't see it happening because one DA has already looked at the evidence and told police to let him go because there was not enough evidence to hold him at that time.
You really seem to miss the FACT that the da that night is FRIENDS with Zimmerman's daddy!!!! You seem to miss the fact that there is most certainly a good ole boys network at work here. There is a reason the prosecutor than night ignored the police and their facts of this case and it has nothing to do with "enough evidence". There is evidence enough for manslaughter charges: He followed this kid, he brought a gun into the scene where someone was killed. Those are the facts and that is enough for manslaughter charges everywhere. Florida cannot have special laws that preclude this child's right to live or making it aokay to shoot at will. The laws of a state do not superceded the laws of the country.
This case challenges the legality of using shoot at will laws so I'm quite sure it will not come to trial because the nra doesn't want it to. They like controlling all manner of freakazoids through their guns for all mentality and culture. What them mean is "guns for non-blacks". This case makes quite a few things crystal clear.
I don't think they are that stupid in Florida.