Slashdot Mirror
Judge Rules Defense Can Use Trayvon Martin Tweets
theodp writes "The NY Times reports a judge in the second-degree murder case against George Zimmerman has ruled that Trayvon Martin's school and social media records should be provided to the defense. Judge Debra S. Nelson said Martin's Twitter, Facebook and school records were relevant in the self-defense case. In those instances, showing whether a victim 'had an alleged propensity to violence' or aggression is germane, the judge said. The defense also got permission for access to the social media postings of a Miami girl who said she was on the phone with Martin just before the shooting. Time to update the Miranda warning to include: 'Anything you Tweet or post can and will be held against you in a court of law'?'"
That's true about the defendant, but we're talking about the victim here. It's much easier to get character evidence entered about the victim than it is about the defendant.
Even if the kid was bragging about breaking into houses, and even if Zimmerman was aware that Martin broke into houses, that doesn't clear Zimmerman: A citizen with evidence of somebody else's criminal behavior that isn't in immediate danger is supposed to notify the police, not shoot the alleged criminal.
What I'm assuming they're claiming they're after is evidence that Martin was a violent person who was likely to have responded to Zimmerman by assaulting him.
Zimmerman has always articulated from day one that he shot to stop the active attack. That he only got out of his car to give the relevant information to the 911 dispatcher of Martin's whereabouts. That Martin came back to confront ZImmerman, threw a punch and continued to beat him while he was supine on the ground. Being on the ground with an attacker actively slamming your head into the concrete pavement is reason enough for using deadly force to stop and attack.
Zimmerman has never said that he shot Martin for looking suspicious. The media has latched onto speculation --as if it were fact-- that ZImmerman merely shot someone for walking around. The media has put forth the accusation that Stand Your Ground laws allow for this to happen legally when nothing could be further from the truth.
P.S. Guess which state was the first to enact a Stand Your Ground Law? California. Yes. Hardly the red state bastion of the NRA.
Here's a very informative video about what Stan Your Ground laws are really about: http://www.cato.org/multimedia/events/stand-ground-laws-self-defense-or-license-kill
A bit hyperbolic, but it touches on several essentials. The causes of Martin's suspensions have been revealed repeatedly, and they are not violence related, but some people on Slashdot are willing to post speculations that there's something beyond that. When you keep looking for the thing that bolsters your opinion, and it's just not there, just maybe it's time to question your opinon instead of doubling down on it.
Beyond that, there was a point where the police locally knew a few things and only those things, for certain. At later times, other facts came to light, and the situation became more complex, but in the first few hours after the shooting, there was a definite point where all the police had to go on were these facts:
1. They knew they had a homicide, and who did it.
2. They knew that the person who did it was claiming it was justifiable self defense.
3. They knew there were major flaws in the shooter's story - changes in the range the encounter supposedly took place at, changes in what the suspect said to dispatch, what he claimed dispatch said to him, how the deceased person had attacked him, what blows were thrown, what blows landed where, and so on. They knew that their possible murderer had repeatedly changed his story.
So why didn't they charge him right there and then?
All debate about what has been revealed weeks or months later ignores this simple question. There was a definite point where George Zimmerman was a strong suspect for a charge of 1st degree murder. Most detectives would have been willing to insist on holding him for at least the standard 24, and go before a judge to apply for a warrent to search Mr. Zimmerman's home. Many would have been willing to get the judge up at 3 AM, if needed, on the strength of what they had at that particular point. Why not in the Martin case?
Who is John Cabal?