Trayvon-Zimmerman-diptych

Good Trayvon, Bad George

Yesterday, some friends of mine – all of whom have Big Brains and Big Compassion, argued intensely and passionately about George Zimmerman and Trayvon Martin. Because my friends are passionate, compassionate, intelligent people, they are more likely to disagree very strongly when they disagree. Yesterday, tempers flared. Folks got defriended and blocked. “Fuck yous” were tossed about. Names were called. It was decidedly unpleasant all the way around.

I’m very glad they don’t disagree more often.

I haven’t said anything about this case because what I have to say won’t be popular: the American system of justice worked in the George Zimmerman/Trayvon Martin case.

Does it piss me off that a 17 year old kid died for no apparent reason? You bet it does. Do I think Zimmerman acted wrongly? You bet I do. Should he have been convicted of murder for his conduct? Not based on the evidence.

The jury did not have enough evidence to convict Zimmerman of murder. The evidence was ambiguous at best, and tended to exonerate him. In order to convict someone of a crime, there can’t be any reasonable doubt as to the criminality of his conduct. When evidence is not clear, when it can be interpreted more than one way by reasonable minds based on the totality of the circumstances, the evidence doesn’t rise to the level of “beyond reasonable doubt.” Therefore, the jury had no choice but to find Zimmerman not guilty. They did not find him “innocent,” mind you. They found that there was insufficient evidence to say he was guilty beyond a reasonable doubt.

It’s true that had Zimmerman not followed Trayvon, both would have their lives today. He was told by the police dispatcher not to follow the suspicious person and he ignored that instruction. He probably ignored it because he knew police were on their way and he wanted not to lose sight of the person he deemed to be suspicious. George Zimmerman should never have followed Trayvon Martin. Period. But once he did, the facts become much murkier, and the most important question becomes whether he was justified in using deadly force after the situation escalated. And that’s where reasonable minds may differ.

A terrible thing we do as a society is second-guess juries based on media hype. What happened was awful, tragic, and ultimately pointless. Zimmerman was probably the aggressor in that he scared a kid who was just walking home. That kid probably made a mistake when he decided to lash out at a guy who was scaring him by following him. The situation escalated out of control, until ultimately a gun was fired. Whose fault was it? Both Zimmerman and Martin screwed up their engagement, and one of them died as a result.

Don’t get me started on the unreliability of eyewitness testimony. I’m not going to rehash the evidence. Wikipedia and about ten million news stories do that for us, and they are all available on the Google for anyone who wants to look for them. What we absolutely cannot do is armchair quarterback the conflict and the trial.

I’m not defending George Zimmerman. What he did was stupid, ill-advised, and ultimately cost a child his life. I’m also not persecuting Trayvon Martin. Based on the evidence presented, Trayvon acted in self-defense himself. And when two people reasonably believe they are acting only in self-defense, and one of them dies, there should not be a murder conviction. If reasonable minds can differ in the heat of the moment, they can certainly differ as to whether, in hindsight, the actions of one of those parties rose to the level of criminal conduct.

The bottom line is that based on the evidence it was presented, the jury did the right thing – just like they did in the original OJ Simpson case, and just like they did in the Casey Anthony case. Personally, I would rather have a guilty person walking the streets than an innocent person rotting in jail. All too often, juries seem to convict defendants on less evidence than “beyond a reasonable doubt.” When there is room for doubt, and that doubt is reasonable given the known facts and circumstances, juries should never convict. Even if, in the guts of each and every one of them, they think the defendant is most likely guilty. “Most likely” isn’t the standard of proof. “Beyond a reasonable doubt” is.

What Zimmerman did was wrong. Had he not disregarded the dispatcher’s advice not to follow a person he deemed suspicious, we would not know his name and Trayvon would be a freshman in college somewhere. Had there been no “stand your ground” law, the case may well have turned out very differently. Had George Zimmerman not been armed when he and Trayvon confronted each other – whichever of them initiated the confrontation – the entire situation may well have turned out differently. Zimmerman, not Martin, might be the dead person, and Trayvon Martin might have been acquitted after a national media circus. Or he might have been convicted.

I haven’t practiced criminal law since 1991, but as I recall, the person who initiates the conflict is generally at fault if he has reason to believe that things will escalate to the point of physical violence. In Zimmerman’s mind, he was following a probable criminal. It would not have been unreasonable for him to think that criminal was armed – yet he engaged him anyway. At least, we think he did. No one actually knows whether Zimmerman or Trayvon initiated contact. And that’s why the jury couldn’t convict him.

I’m not going to call for Zimmerman to be persecuted, lynched, chased off a beach, or otherwise harassed. I would like to see his concealed-carry permit revoked, because I firmly believe that his gun probably made him braver and less cautious than he might have been had he been unarmed that fateful night. However, I admit to an extreme distaste for guns and the inflated bravado they inspire. (If I had a dollar for every time someone had remarked that a gun would have taken care of the men who robbed me last year, I’d be rich. And if I’d had a gun handy that night I might be dead. Or in intensive psychotherapy because omigod I shot someone.) What I take away from the Zimmerman-Martin situation is that we need realistic gun control laws, and we as a society absolutely must stop romanticizing how handguns protect us. They don’t. They endanger us, whether or not we are the person wielding them.

I want justice for Trayvon Martin, but I don’t think the criminal conviction of his killer is the justice that will prevent this situation from happening again. It certainly won’t bring Trayvon back. Responsible laws and public education about the use of force and weapons will make a difference. Warehousing George Zimmerman in a prison won’t. And if Zimmerman is going to commit crimes, he, like any other criminal, ought to be judged on the merits of his conduct in that circumstance.

I can’t imagine being George Zimmerman right now. He’s a pariah in the media, which delights in scrutinizing every mistake and case of bad judgment the man makes. Is Zimmerman a shitty person? Maybe. Some of the things reported about him sure paint that picture. He’s also under incredible stress – he HAS to be, given the microscope the national press uses to follow him. No one acts completely rationally under intense, chronic stress. The media scrutiny on Zimmerman’s every move is horrific. If someone followed me around and reported everything I said and did for months on end, and then only reported the negative stuff and not the good or boring stuff, I’d probably be suicidal.

If I were George Zimmerman, I’d move, get plastic surgery, change my hair, and change my name.

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Bad Trayvon, Good George