2012 in review

December 31, 2012

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

About 55,000 tourists visit Liechtenstein every year. This blog was viewed about 410,000 times in 2012. If it were Liechtenstein, it would take about 7 years for that many people to see it. Your blog had more visits than a small country in Europe!

Click here to see the complete report.


Open Thread for Monday, December 31, 2012

December 31, 2012

I have a new post up:

Nitty Gritty: Three Questions for Jury to Answer in Trayvon Martin Murder Case

Please use this open thread, if you wish to discuss other matters.

Happy New Year!!!!!!!!!!!!

Fred


Nitty Gritty: Three Questions for Jury to Answer in Trayvon Martin Murder Case

December 31, 2012

Monday, December 31, 2012

Thankfully, 2012 will soon pass into the rearview mirror.

As we look forward to next year, I think today is a good day to review the three predominant questions that the jury will have to decide when the defendant charged with murdering Trayvon Martin goes to trial. I posted this comment last night.

Actually, O’Mara has conceded that SYG and the castle doctrine do not apply and the evidence will show that, as a matter of law, the defendant was the aggressor.

As the aggressor, the defendant can use deadly force in self-defense only if,

(a) Trayvon responded to his aggression by using more force than was reasonably necessary to defend himself;

(b) He reasonably perceived that Trayvon’s use of such force created an imminent danger of death or serious bodily injury; and

(c) He attempted to end the confrontation and withdraw before he used deadly force.

O’Mara announced at a press conference that he will argue that the defendant could not withdraw before using deadly force because the defendant was lying on his back unable to withdraw with Trayvon straddling him raining down blows MMA style and slamming his head into the concrete sidewalk.

Those are the basic three questions that the jury will have to decide.

The Court will instruct the jury to presume the answer to all 3 questions is “Yes,” and the prosecution must prove beyond a reasonable doubt that the answer is “No.”

Keep in mind that, as a practical matter, the defendant will have to testify and that means he will be cross examined, thoroughly.

Malisha was the only person to attempt an answer and this is what she said:

Professor, thanks for the clarity.

The three questions. I love them. I always love “three questions.”

(a) Did Trayvon respond to Fogen’s aggression by using more force than was reasonably necessary to defend himself?

I think the answer “NO” is easy to prove because in fact Fogen killed Trayvon. Thus, Fogen’s aggression against Trayvon was, by definition, potentially lethal from the get-go. Thus, also by definition, deadly force was authorized.

(b) Did Fogen reasonably perceive that Trayvon’s use of such force created an imminent danger of death or serious bodily injury to himself, to Fogen?

I think the answer “NO” is also easy to prove because injuries that Fogen sustained were nowhere near life-threatening. If he was beaten at all, he was beaten in such a way as to do no serious damage. A fender bender would have hurt him more than the encounter with Trayvon Martin hurt him, even if both scratches on his head AND a minor injury to his nose were all attributable to contact with Trayvon Martin.

(c) Did Fogen attempt to end the confrontation and withdraw before he used deadly force?

Fogen has not even claimed that he did so. Even as he narrated his non-credible self-defense story, he claims that he told the neighbor to help him “restrain” Trayvon Martin, but he never told Trayvon Martin that he wanted to stop fighting. Nor did he tell Trayvon Martin, at any point (according to his own narrative) that he had a gun and would shoot unless Trayvon Martin stopped hurting him. Remember, even as he narrated that he “spread out [Trayvon’s] hands,” he still claimed that Trayvon was continuing to struggle and curse. And at no time before or after firing his one shot did Fogen say, “I’m leaving now; I’m going back to my schtruck now; I’ll leave you alone now,” or even, “The police are coming so stop fighting now and we’ll wait for them.”

Now it is your turn. What are your thoughts?

How do you think the defendant will do on cross examination?

I also will start an open thread for those who wish to discuss other matters.

Many thanks and many blessings to all of you for participating and making this blog a great and safe place to discuss the case.

Happy New Year!!!!!!!!

Fred


Open Thread for Sunday, December 30, 2012

December 30, 2012

Sunday, December 30, 2012

Good morning:

I just posted Is George Zimmerman a Symptom or the Cause of World Attention on Sanford Florida featuring Whonoze and Seallison’s comments on corruption in the Sanford Police Department.

Use this open thread for comments and discussions regarding other topics.


Is George Zimmerman a Symptom or the Cause of World Attention on Sanford Florida

December 30, 2012

Sunday, December 30, 2012

Good morning:

I write today to feature Whonoze and Seallison and to remind everyone that the defendant, who is charged with second degree murder for killing Trayvon Martin, may be the symptom rather than the cause of the difficulties attracting world attention in Sanford, Florida.

Whonoze remind us in his comment at 7:22 am this morning:

” The flipside of turning Trayvon into an angelic caricature is turning GZ into a demonic caricature. He pulled a gun on an unarmed teenager who had not hurt him in the midst of a grab-fight. That’s horrible enough. Then he shot him through the heart. Much worse. Then he acted as if he was the hero, lying up a storm and showing no signs of remorse (God’s plan, you know.) Just totally fucking disgusting.

But that’s not bad enough for the people here who need him to personify TOTAL evil incarnate. He has to have planned the whole thing. There must have been a conspiracy to murder Trayvon. He cocked his gun, no knocked on his co-conspirators screen door!. He had a script in the truck with him, and he was whispering to Shellie or Osterman or the ghosts of James Earl Ray and Byron De La Beckwith! You give him too MUCH credit, as if he had superpowers. If he lurks here, I’ll bet he gets off on how bad you all think he is.

But he’s just a small man. A fuck-up in denial of his own failures, A control freak who has never really felt in control of anything. He is, in the last analysis, nothing but small potatoes. But in the US any loser can get ahold of a semi-automatic weapon and turn themselves into a headline. GZ is the symptom, not the problem.

The real story here remains not the little man who killed an unarmed teenager out of his own weakness, but the racist law enforcement regime that chose first to look the other way, and then to cover up their own misconduct with bogus reports and evidence tampering. Until I see actual evidence to the contrary, I shall continue to believe that Angela Corey is covering for this regime and it’s crimes, that the State’s game is to sacrifice the pawn named George Zimmerman to protect rook SYG, Queen SPD and King Rick Scott.

I think people here are getting played by focusing so exclusively on Zimmerman. He’s become the projection of the Mighty Oz, so the men actually pulling the levers get ignored. I think it’s cognitive dissonance. You realize GZ may actually get punished for his crimes, but you don’t really beiieve the political structure that supports racist police departments can be challenged. So you focus on GZ because you have a chance of winning, which will allow you to feel better about the world and your place in it if/when he goes down. But, you’re like the druck looking for his keys under a streetlight because the light is better there, even though he lost them in the shadows up the alley.

Because putting GZ behgind bars for the rest of his life isn’t going to change anything. Trayvon Martin will still be dead and the institutional structures that created the climate in which he could be killed and have his killing ignored will be rolling right along, thank you very much. Oh some of the names will change and the cards will get shuffled a bit. But the machine will grind on and the same shit will keep happening, just as it has already continnued to to keep happening in the few months since Trayvon’s murder.”

Seallison provided an interesting link to this article regarding the selection of Bill Lee, a “good ol’ boy,” to be the Chief of Police for the City of Sanford:

http://thegrio.com/2012/04/02/trayvon-martin-bill-lee-lacked-experience/

As I said to Whonoze,

I am very concerned about this too. I do not have any faith or confidence in the commitment of the U.S. Department of Justice and the FBI to root out corruption and prosecute the offenders in local and state police departments for violating civil rights.

I am hoping they will carry out their responsibilities and do their jobs in this case, but I am not holding my breath.

What do you all think?


Open Thread for Saturday, December 29, 2012

December 29, 2012

I have decided to start an open thread every day for awhile, in addition to any new posts, to see how things go.

We now have so many participants that the threads are getting very long and take forever to load.

Let’s see if this helps.

Fred


Impersonation Truth and the Importance of Civility

December 29, 2012

Saturday, December 29, 2012

Someone has been impersonating me at the Huffington Post using the name Professor Leatherman. The impostor is a Zimmerman supporter attempting to discredit me and the work I do seeking justice for Trayvon. I have notified legal counsel for the blog and asked them to ban the individual and delete his/her posts.

They may or may not do so.

I do not post on other blogs and I do not plan to do anything more about this incident because everyone here recognizes my writing style and knows where I stand on the issues. I am not freaked out by this attack and I do not believe any of you should be either. The people who oppose what we do here do not have the truth on their side. They lie and they cheat and there is no reason I can think of that will cause them to change their tactics.

I choose to ignore them and I urge all of you to do the same.

I watched a movie last night and retired early.

When I read the comments this morning, I was surprised by all of the sniping and complaining that went on last night.

We are family and occasional disagreements will happen. We need to respect the co-equal rights of others to complain when they believe we have trespassed against them. The complaints, however, must be civil and respectful.

We are all on the same side here. Taking the high road while we seek justice for Trayvon Martin and his family is far more important than our disagreements with each other.

Remember the principle of Namaste: That which is divine within me acknowledges that which is divine within you.

Resolve to communicate with each other at that level and there will be no misunderstanding whether you are the person you claim to be.

Ignore the treehouse. Nothing they say is worth listening or responding to. They never speak the truth and are incapable of communicating at our level.

Namaste


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