The Engine Steams Ahead in the Zimmerman Railroad

First the judge ruled that evidence for Trayvon Martin's less than angelic behavior cannot be presented in opening statements. At least for now.

A judge on Tuesday ruled that Zimmerman’s lawyers won’t be allowed to present in opening statements Trayvon’s tough-talking text messages and social media posts, nor any discussion of his marijuana use — part of a defense strategy to shred the character of the Miami Gardens teen slain last year in Sanford.

Judge won’t delay Zimmerman trial, limits evidence of Trayvon's past

Now it looks like the prosecution actually withheld evidence from the defense.

A court employee who retrieved photos and deleted text messages from Trayvon Martin's cellphone has been placed on administrative leave after an attorney testified that prosecutors didn't properly turn over the evidence to the defense, an attorney said Wednesday.

Former prosecutor Wesley White said he was ethically obligated to reveal that Fourth Judicial Circuit Information Technology Director Ben Kruidbos retrieved the data that weren't turned over.

Lawyer: Zimmerman prosecutor withheld evidence

I am not a lawyer, much less one practicing in Florida, so it is hard to predict for sure what the impact will be on the trial. However, this is clearly prosecutorial misconduct and, at the the least, a grand jury should be convened to investigate. If any intentional deception is disciverd then someone must be indicted.

The system only works because people believe it works. If the system does not correct its own errors then that belief is challenged. Too many such derelictions and the system will collapse. A justice system cannot survive without a tacit acknowledgment of legitimacy from the public.

Right now, it is looking more and more like there is a fix in the works and Florida wants Zimmerman on a railroad to a cell and the people in charge are unafraid to do illegal things to make that happen.

A Lesson From The Zimmerman Case.

In an article posted over at the Armed Citizens' Legal Defense Network, the author, Marty Hayes, discusses the recent evidence dump from the Zimmerman Case in Florida.

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In addition to the strengths and weaknesses of the case he mentions that the autopsy on Trayvon Martin found "soot and stippling" near the entry wound and what the implications of that might be.

There is more evidence adding to the validity of Zimmerman’s story. There was soot and stippling on Martin’s body at the wound’s entry point. This indicates a close gunshot. Some reports say 2 to 4 inches; some estimates extend the distance out to 16 inches.

At 2 to 4 inches it would be pretty clear that Zimmerman fired from nearly contact distance which is consistent with his story that Martim was beating on him when the fatal shot was fired.  A 16 inch distance might be a little harder to defend because a prosecutor could argue that Martin was trying to disengage when he was shot.

How to settle it?

To firmly establish the likely distance the gun was from Martin’s chest, the defense needs to conduct ballistic tests with the gun, firing the same type of ammunition through a sweatshirt against a test surface to record the stippling pattern.

The lab will try to get samples of the ammunition from the same lot or, failing that, from a lot the manufacturer can certify as being identical.  The ammunition will then be tested under conditions that simulate the alleged conditions and possible distances.  From that, the actual distance the shot was fired at can be more accurately estimated.

What makes this testing possible is the existence of the careful records and the "exemplars" from each lot that some ammunition manufacturers keep. More importantly, these records are presumed to be unbiased. While the same kind of testing can be down on reloaded ammunition, it would be difficult to get it admitted into evidence precisely because the record are not unbiased. Even if it was admitted, the prosecution could argue to the jury that the handloads tested cannot be assured the same what was used in the actual shooting thereby casting doubt on any defense claims that rely on forensic data related to the ammunition used.

I know that the choice of what ammunition to carry is a contentious issue. The fervor in caliber wars approaches the religious and which brand and bullet type within a caliber are like unto interdenominational squabbles. The argument over carrying factory ammunition versus handloads is no less acrimonious.

If you choose to carry a gun for self defense I won't tell you what to carry or what kind of ammunition to use in it -- we each are entitled to our own mistakes. I do encourage you to remember that the thug you may have to shoot is a less dangerous and less implacable foe than a legal system that may want to make an example of you for political purposes.

H/T to Grant Cunningham at The Revolver Liberation Alliance

Eye for an Eye?

By now anyone not living under a bridge has heard of George Zimmerman and Trayvon Martin. Now the "New Black Panthers" are offering $10,000 for the "capture" of George Zimmerman.

New Black Panther leader Mikhail Muhammad announced the reward during a protest in Sanford Saturday. And when asked whether he was inciting violence, Muhammad replied defiantly: "An eye for an eye, a tooth for a tooth."

It seems to me that an eye-for-eye eventualy leads to lots of blind people. Similarly, a tooth-for-a-tooth mentality leaves a lot of people gumming their morning mush. I wonder if the fool quoted above remembers just who will be King in his country of the toothless blind.