25th March, 2012

Trayvon Martin: How Justice Failed Everyone In This Case

posted 2 months ago

This is a post I felt I had to write. Originally I was going to write about Kony 2012, however photos of the man behind it waving his penis around San Diego along with everyone coming to the same realization that I had the second I saw the video made it obsolete (in the short-term it’s this: when dealing with third world countries, when you capture one warlord or dictator, there’s always another one ready to take their place that’s usually more ruthless and that it’s not just about capturing Kony—which is the easy part—but changing the way things are done in Uganda, which will take a lot of effort).

However Trayvon Martin is something that needs attention, and thankfully this case is getting the attention needed.

In case you aren’t aware of the situation, take a look at the wikipedia entry, which is thus far fairly accurate.

The details are there, and I’m sure you’ve heard the 911 calls both from the neighbors in the area as well as from George Zimmerman, the gunman who killed Martin.

Based off of the details I’m in the camp that does not believe it was self-defense. I’m sorry but if someone scares you enough, you go the other way. Zimmerman did not, even though the 911 operator specifically told him when asked if he should keep following him “we don’t need you to do that”. I’ve shown my support for Trayvon by making my Facebook and Twitter icon a picture of me wearing a hoodie while drinking an iced tea, which is also in protest of Geraldo Rivera’s idiotic comments.

Also in the tape you can hear Zimmerman cock his gun, which not too many people have brought up.

What also hurts Zimmerman’s case was two statements he made on his call. One of them being “The assholes always get away” and another statement which can’t be confirmed very well where he allegedly calls Martin a “coon”. His family friend claimed that a. it wasn’t coon but instead “goon” (which is better how exactly) and b. that he hasn’t heard any young people use the word “coon” in a while (I can call BS on that, for I have heard people younger than me use that word; also he must not have access to the internet because I’ve seen that word thrown around in various message boards).

However, for all of the anger towards Zimmerman, I also feel sympathy for him. Getting arrested and investigated would actually have been better for him than what happened instead, which was a very half-assed investigation where the police took him for his word that it was “self-defense.”

Had he been arrested and charged, a more through investigation would’ve either confirmed what many believe (he acted in cold blood) or exonerated him. Sure there would be people who would be upset (there always are, I’m sure if the internet were around in the 70’s there would have been people defending Ted Bundy and John Wayne Gacy), but he wouldn’t have to live in fear and most certainly wouldn’t have the Black Panthers offering a $10,000 bounty on his head (which is just as disgusting as what Zimmerman did if you ask me).

The fact that this became a political issue isn’t surprising at all. Anything is a political issue even when it shouldn’t be (this is one of those times where it shouldn’t be). The fact of the matter is this let gun-control advocates find something to latch onto to attempt to repeal Florida’s “Stand Your Ground” law, while many people in favor of the law make excuses for him.

Oh yes, my old nemesis the “all-or-nothing” principle is back in play. Why do I hate the all-or-nothing you’re either with us or against us principle? Because it forces us to see things in black and white, when the reality is in everything there’s grey areas. The grey areas are the important part that lets us make up our own minds and formulate our own ideas. It’s the grey areas that make life great.

This case is full of them. However because we’ve been put into this “all or nothing, you’re either with us or against us” mode, then to support the Stand Your Ground law means that you are a racist who thought that Trayvon Martin deserved to die and that Zimmerman was just protecting himself; while sympathizing with Martin means you’re against the law itself.

I see things both ways for one simple reason, and to provide context, I will give you the full contents of the law right here. As you’re reading this, think about what you know happened that fateful night and see if Zimmerman’s story adds up:

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.

Further down you will see this:

776.041 Use of force by aggressor.The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(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.

Now, according to the 911 tapes (just the fact that Zimmerman continued to follow Martin after being told “they didn’t need him to do that”), Zimmerman was the aggressor. I do believe that he got into a fight with Martin, and that Martin broke his nose and was on top of him (there were grass stains on Zimmerman’s shirt and his nose was broken). However, Zimmerman was the aggressor because he chose to follow Martin. (I also don’t buy Zimmerman’s claim that he only got out of the truck to check what street he was one; if it is his neighborhood and he knew it well enough to be the self-appointed “neighborhood watch” captain, then why would he have to check? I can tell you exactly what street and what avenue I’m at in my neighborhood and in the surrounding neighborhoods.)   What does it say about the aggressor in the very law that Zimmerman and the Sanford police used that had him not charged? Let’s go back to it:
776.041 Use of force by aggressor.The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(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.

Now if you’re pro-Zimmerman (and I won’t judge if you are even though I disagree with you, I can agree to disagree), you will point to the part that says such force is so great that a 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. Likely you will point to the fact that Martin was allegedly on top of Zimmerman at the time. That’s all fine, except, for one thing.

Trayvon Martin was 6’3 140 pounds. George Zimmerman is described as being 5’9 260 pounds.

My measurements are closer to Zimmerman’s. I’m the same height but am also about 20 pounds lighter. I know my strength, and I know that even if a 6’3 140 pound teenager were strong enough to punch me and break my nose, between my natural strength and the adrenaline of being threatened by having someone on top of me, I would be able to toss the 6’3 string bean off of me and start running like a bandit. I also know that I would likely be able to get the leverage on my side and turn him around and pin him to the ground.

So did George Zimmerman exhaust every reasonable mean to escape other than the use of force? No. Again, you might say “you don’t know, you weren’t there” except I do know based off of the fact that I’m about the same size as this guy and I don’t carry a gun on me, meaning that would be my recourse if I was caught in a situation like that.

Of course, I wouldn’t put myself in a situation like that because if I see something suspicious, I’ll call the police and have them deal with it and be on my way. See, I don’t think Zimmerman is a racist, but I do think he’s a wannabe police officer who saw how cool it looked on TV and wanted to be a cop, however he didn’t want to go through the hard work to become one. He was living out a fantasy, and the fantasy got too real.

He was the hall monitor you might see in kids TV shows who gets drunk with power and starts handing out detentions even though it’s the teachers job to do that (see the famous Saved By The Bell episode where Screech becomes hall monitor). Unfortunately for him, he went to far by following Martin. Martin—who felt threatened by having some 28-year-old man following him—did what he could to defend himself because like Zimmerman, Martin had no idea what Zimmerman was going to do.
Look back at that law again, you will see that Trayvon Martin was in full accordance of that law. A strange man followed him, he felt scared. Who hit who first, we don’t know. If it was Trayvon that hit first, it was because he felt threatened by a strange man following him then approaching him. If it was Zimmerman that hit first, well, why did he if the kid was walking away from him? Either way, it makes Zimmerman the aggressor—he was either stalking a 17 year old kid, or he attacked him.

So why hasn’t the media (save for Jason Whitlock—who I should mention is a sportswriter) made that case?

The division. See division creates ratings. The side-effect of this that isn’t as horrible as a young man losing his life however still concerning is the racist comments made by both sides as well as the division that this has entailed. When it comes to the death of an innocent person, we shouldn’t be divided. When it comes to the judicial system failing, we shouldn’t be divided. Because both principles in this case were failed by the justice system. The Sanford police just took Zimmerman at his word and didn’t pursue more until they were probed to do so after the case became a major media controversy. Even then the media isn’t focusing on the police department’s failure to investigate, but on the racial implications.

What should be looked at though is the failures of the police department. Martin’s body went unclaimed for three days and a missing persons report was filed despite the fact that Martin had his cell phone on him. A cell phone that included the phone numbers of his mother, father, the 16-year-old friend he was speaking to at the time, and other family members.

Martin was also tested for drugs (tests came out negative) after his body was taken to the morgue; yet Zimmerman wasn’t (he would’ve likely came out negative too, however he still should have been tested).

Now to defend Zimmerman; I don’t think he did this in cold blood.

He was paranoid and also seemed to have delusions of wanting to be a police officer. He thought he could be the hero if he could stop this kid from doing something wrong. Once the deed was done after the fallout, he seems remorseful, at least according to this story. I’m willing to bet dollars to doughnuts that
if he could do it all over again, he would do things differently. As his lawyer states, “It’s just starting to all sink in.”

Now I’m trying to be fair here. I’m in support of Trayvon’s family getting justice, while at the same time I’m not calling Zimmerman any names. I’m going by the facts that I know, and I know more facts will come out.

But what’s inexcusable has been the racist comments on every story, as well as everyone who claimed that the kid had it coming. That infuriates me to no end.

I’ve seen it on every story pertaining to this in their comment section. It’s disgusting and it’s sickening.

Anyone who claimed that Trayvon deserved to die is a sick puppy, as is anyone who claims the same for Zimmerman. While I am in favor of the death penalty, I don’t think this is a death penalty case. I don’t think it was Zimmerman’s intent to kill. Should he be punished? Yes. But not the death penalty.

In fact, if Zimmerman is eventually charged and they go after the death penalty with a first degree murder charge, George Zimmerman WILL go free. See for first degree murder, there is reasonable doubt. If there’s reasonable doubt, you can’t convict. This is a manslaughter case (if it goes to trial). So don’t go for his head either.

And as for the Black Panthers putting a bounty on Zimmerman’s head; doing that is worse than what Zimmerman did. The leader of the group should also be arrested for doing so.

Hopefully in sharing my views you found me to be fair and balanced. I’m only attempting to encourage discussion, not fan the racial flames. So when you think about this case, take race out of it. Take your politics out of it too. And remember what this is really about.

To put it more succinctly (I know I’ve used a lot of words on this), an innocent 17 year old kid was killed by a paranoid 28 year old man, then the paranoid 28 year old man wasn’t charged due to the police not investigating thoroughly enough until there was pressure put on them. Because of this the family of the victim isn’t at peace and feels like there is no justice, while the 28 year old gunman right now fears for his safety as well as the safety of his family and friends.

Notice how not once in that final paragraph I didn’t bring up race. Please follow my lead when discussing this.

8th December, 2011

posted 5 months ago

Gonna go tumblr crazy now with text. 

7th December, 2011

» Now To Rain on the Marlins Fans Parade...sort of...

I just have a few questions to ask…Feel free to comment. 

mefragments:

Hope the Dolphins can grab him in the Draft.

mefragments:

Hope the Dolphins can grab him in the Draft.

(Source: nfloffseason)


26th November, 2011

La Russas’ genius was lovely to see
And Green Bay’s offensive excellence crossed my minds eye just now
Patrick Kane’s slapshop has been calling out for me
But it’s been too long a time, since last I saw, LeBron’s great powdered toss

Hello old friends, welcome back home again
Well you’ve been away but that’s all over now

Say next year start in October now
Stay a while and play

Chris Bosh and Dwyane Wade we’ve missed you guys like fools
Hope you don’t forget your post games right now, well

Give me a week or so to recapture my cool, I’ve got stories to tell

About watching the ‘Phins play putridly
Oh my god that felt like hell

Hello old friends, welcome back home again
Well you’ve been away but that’s all over now

Say next year start in October now
Stay a while and play

<sax solo>

Hello old friends, welcome back home again
Well you’ve been away but that’s all over now

Isn’t it nice to be home again, over here in Miami, it’s clear….

Hello old friends….

Welcome back NBA, we really needed you. Signed, Miami Heat fans everywhere. 

22nd November, 2011

» Five Reasons Why The Miami Dolphins Will Defeat The Dallas Cowboys

Sorry Cowboys fans, but you’re losing on Turkey Day. 

#OCCUPYBIKINIBOTTOM

#OCCUPYBIKINIBOTTOM

(Source: im-daria-morgendorffer, via giancarlocruz-michaelstanton)


18th November, 2011

A New Miami Excites, Yet Scares Me

posted 6 months ago

The Orange Bowl is gone, and has been replaced by what looks like a Flying Saucer that you can play baseball in. 

The Dolphins are so terrible that we’ve given up on them. 

Because of that the Heat are now Miami’s most beloved team. 

The Marlins are making huge pushes in Free Agency for superstars. 

The Panthers are contending for a playoff spot. 

Most shockingly, Harry Belafonte and Michael Moore, two liberals so far to the left that they make Lenin blush, are able to sign books and speak at Miami’s Book Fair, but the main protest isn’t about them appearing and isn’t from the Cuban Exile community, instead it’s Occupy Miami, a group that as recently as 10 years ago would’ve never been able to protest. 

It’s Miami 2011, different from any Miami you once knew. 

The Miami I grew up with saw the two main sports teams as the Dolphins and Hurricanes football. The Heat were winter distractions, the Marlins were only worth paying attention to when they made the playoffs, and the Panthers were just there. 

But the big news always revolved around Castro. You got elected to office in Miami by proving you were as far to the right as possible. Any inkling that you might support anything considered liberal was grounds for you to be run out of town. 

Anita Bryant was able to campaign against a law demanding equal treatment for homosexuals by appealing to Cuban voters by stating that homosexuality was so anti-family that it was communist (of course she ignored what many others ignored: Castro’s Cuba is extremely homophobic, and still is to this day; conservatives will never say that because they hate Castro and are against gay rights, while liberals have never said it because they don’t know. I know about this because when Castro sent out his “undesirables” to the United States through 1980’s Mariel Boatlift, he considered gays as “undesirable”). 

To nobody’s surprise, the bill passed. Today it’s looked at as one of Miami’s darkest moments. But if you lived in Miami today, you would have no idea that this city once passed a bill that just about made it illegal to be gay only 34 years ago when other cities started to accept and in some cases embrace gays. 

But that’s not the only way Miami has changed. Advocate something as simple and pragmatic as ending the Cuban Embargo would end your political career in Miami. Ending the embargo is pragmatic because in the words of one of my favorite teachers, Steve O’Brien, “you can’t be fat and happy and still be a communist.” Also ignored when talking about the embargo is that Castro would lose a trump card he often uses towards the Cuban People: The United States and the people that live there don’t care about you, not even your families. 

But that Miami seems to be dying. Instead we have a more liberal and progressive Miami in terms of thoughts and ideas. 

The same Miami that only 21 years ago refused to officially greet Nelson Mandela, who’s only one of the kindest and most important human beings in the world, all because he made some statements in support of Castro, who in fairness was one of the few world leaders who spoke out against apartheid and Mandela’s imprisonment from the very start. 

The same Miami that less than 15 years ago tried to ban Cuban band Los Van Van from performing. 

Yes, that Miami, is now not only accepting Harry Belafonte at their Book Fair, but Michael Moore as well. 

That Miami is allowing an Occupy Miami group to protest, and of all of the cities that have been “Occupied”, Miami is one of the few that has mostly seen peace between protesters and police (in fairness, it might be because the police are fighting among themselves). 

I admit, all of these changes are improvements from the Miami I grew up in. I consider myself a libertarian, which is about as far from Socialism as you can get. I’m all for individual rights and as anti-Castro and for an economically and socially free Cuba as they come (I’d love to see Cuba become a true Free Market paradise free of political prisoners, communism and crony-capitalism with a splash of Amsterdam mixed in if you get my drift, and while it will have to be done in stages, I believe it could happen).  

Most important of those rights is Freedom of Speech. Miami’s history as you have seen has been devoid of that until now. It’s not because I agree with Moore, Belafonte or the Occupy movement that I’m happy about this more liberal Miami, it’s because I disagree with all of them but still get to hear them that makes me happy. I live in a city that used to attempt to censor anything relating to the left, now they’re not only allowing those opinions to be expressed in a peaceful way, but they’re embracing some of them. Now you will see Cuban-Americans as members of the Occupy movement, which would have never happened in the past.

But as proud of my city and as happy as I am about this city embracing freedom of speech, there is a part of me that’s scared. Not scared that this city will go to hell in a handbasket (it won’t, this actually means it’s getting better), but scared that the Miami I grew up in will be no more. 

What it really means to me, and what really scares me it’s an indicator that people I love so dearly and are the reason I was born and grew up in this great land of ours where I have the freedom to think for myself won’t be around for too much longer. 

Part of the reason for this “liberalization” of Miami is because the Cuban Exile community doesn’t hold as much sway as they used to. Younger Cubans political views have swayed a bit from hard right closer to the center. Obama did very well among Cuban Americans in 2008, and nobody would’ve ever thought that a Democrat would do well among Cubans, let alone an African-American one with a Muslim-sounding name. 

But why doesn’t the Cuban Exile community hold as much sway as in the past? As sad as it is to say, because they’re dying. They’re getting older, more frail. Many (like my grandparents) are still involved. But as they age, it will become harder for them to go out and vote, and because of that, a new generation comes in. It’s already happened, and it will continue on this route. 

That’s the sad part. Most people in my position, a first or second-generation Cuban-American, might disagree with our grandparents and parents from time to time, but we do still have a strong sense of family and we love our parents and grandparents to death. 

Despite the disagreements, we would never want to lose them, never want to let them go. 

But there’s going to come a time when we will have to, and the shrinking influence of the Cuban Exile community is a reminder of this. 

15th November, 2011

» David Stern and Billy Hunter Must Go: An NBA Lockout Article

You listen to the lunatic fringe, you get burned!

 

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