Friday, July 12, 2013

The Bizarre Legal Bazaar of the Trayvon Martin Case

Like most of the country, I've been mesmerized by the trial of George Zimmerman for the murder of Trayon Martin. I didn't watch every minute. I've been involved in enough trials to get bored; and besides, I have a life and work to do.

Now that the jury appears to be settling in to thoroughly review the evidence, the verdict is likely to take awhile. It's interesting to hear the pundits and lawyers trade quotes, barbs and predictions, as they sell more Cheerios and Chevys on TV.

Maybe predictions would drive more traffic to my blog, but I don't have a crystal ball and I have no idea what might happen. There are so many variables that are unprecedented in big trials like this one. First, there are only 6 jurors. I've never done a trial with 6 jurors. Nor have I ever argued to an all female jury. I have done trials with a jury of lopsided racial make-up, mostly white, of course. And my experience with overwhelmingly white juries in seeking justice for non-white litigants has been that white people decide for white people.

While Zimmerman is of mixed race, he is probably perceived by the jurors as more white than indigenous. He presents himself as mainstream, and the jurors may see him as "one of us." Let's face it, Caucasians see things differently than non-Caucasians; and Caucasian Americans seem to have a need to see themselves as the best in the world in all things. I don't think these attitudes are malicious, or even deliberate, but are subconscious and subliminal choices. In fact, I would find it illogical to think that we all don't have subliminal biases, of which most of us are woefully unaware, given our controversial racial history, starting from the moment Europeans set foot on American soil.

I've seen enough irrational verdicts from white, or majority white juries, to render me unable to escape this American truth. Look at the OJ trial, and the reaction to that verdict. Black people rejoiced. White people were stunned. And we cannot pretend that race is not an issue here in this case. I worry that if Zimmerman is acquitted, it sends a message that it is normal and acceptable to be afraid of black people because they are black, especially men.

The OJ jury had several non-white jurors, and that's important because there is strength in numbers. When there is only one black person on a jury, they have a really hard time trying to explain the perspective of the non-white, non-middle-class life, and all the challenges inherent therein; challenges white people don't have to face and so don't know about, and so tend to discard or discount. If the non-white woman is black, I think it might be more likely to see some accountability, maybe a manslaughter. If the woman is a Latina, an acquittal might be more likely. But to be honest, I really wouldn't be surprised with whatever verdict they reach. These are uncharted legal waters in many ways.

I wasn't particularly impressed with either team of lawyers, the exception being John Guy's closing. The prosecution did an adequate job, but I think there were a number of missed opportunities, and a little bit of sloppiness with the facts in closing argument, relying on the jurors to have taken good notes. The lead prosecuting attorney has to have these facts, names and places down cold. It lends authority to his presentation, and invites trust with the jurors. Their case seemed to revolve around Zimmerman's lies, but failed to clearly identify a coherent theory of the case, a narrative thread for the jury to follow.

And the defense attorneys? They seemed arrogant and out of touch, especially Mr. West. They did a very fine job of creating confusion, which is what they are supposed to do, and painting their client as a victim. I'm not sure arrogant, cocksure men like these are really capable of humbling themselves enough to connect to a jury of women, a jury of mothers. Or maybe I just think most attorneys are arrogant pricks. They did a good job with obfuscation of the evidence and sequence of events, but I'm not sure they connected with that jury of mothers.

My take on the evidence is this: Zimmerman racially profiled a minor, who was a complete stranger to him, stalked him, and then shot Trayvon when the kid fought for his own life. That scream is that of a young person, not a grown man. This is not deep. Moreover, there is no indication that Zimmerman ever had a moment of grief over the fact that he took someone else's child away in a moment of mistaken fear. No, "Oh my God, what have I done?" Instead, Zimmerman sees himself as some avenging angel, saying it was "God's plan"? He obviously has no regard or respect for the life of this teenager, nor for the grief of his parents. He's as guilty as the day is long, but he may very well get away with it. Then, that would make him the asshole who gets away with it, wouldn't it?

1 comment:

  1. Well done, Irene! I like your way of weighing all the points.

    ReplyDelete