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Trayvon Martin Attorneys Respond to Cellphone Pics, Texts

Robert Farago - comments No comments

Benjamin Crump (courtesy parkscrump.com)

You may recall yesterday post Trayvon Martin Was a Gun-Wielding Dope Smoking Delinquent Into Street Fighting. The Martin family attorneys have responded to the release of the deceased teen’s cell phone pictures and texts. Ben Crump issued the following statement:

“The only photos or videos that are relevant or admissible at trial are those of Trayvon taken the day he was shot and killed by George Zimmerman. There is no evidence that Trayvon neither had gold teeth, nor gave anybody the finger the night he was shot and killed. Therefore, those pictures are irrelevant and will not be admitted into evidence . . .

“Is the defense trying to prove Trayvon deserved to be killed by George Zimmerman because [of] the way he looked? If so, this stereotypical and close-minded thinking is the same mindset that caused George Zimmerman to get out of his car and pursue Trayvon, an unarmed kid who he didn’t know. The pretrial release of these irrelevant red herrings is a desperate and pathetic attempt by the defense to pollute and sway the jury pool.

“The evidence that will be admitted at trial is the legally documented history of George Zimmerman’s propensity for violence, such as his arrest for battery on a law enforcement officer, his injunction to prevent domestic violence taken out by his ex-girlfriend, and evidence of his training as a bouncer for Data Whore Productions, Inc.”

Martin attorney Natalie Jackson was equally offended if slightly more pithy.

“The photo and documents released by George Zimmerman’s defense team today are irrelevant to his guilt or innocence. Their release was meant solely to prejudice a potential jury pool in the days leading up to the trial. As the Zimmerman defense knows, it is highly unlikely that any of these red herrings will even be admitted into evidence at trial.”

If the Martin family (and the prosecutor) think they can introduce evidence about George Zimnmerman’s character while blocking similar testimony or evidence about Mr. Martin’s character, they’re wrong. And they know it.

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Robert Farago

Robert Farago is the former publisher of The Truth About Guns (TTAG). He started the site to explore the ethics, morality, business, politics, culture, technology, practice, strategy, dangers and fun of guns.

0 thoughts on “Trayvon Martin Attorneys Respond to Cellphone Pics, Texts”

  1. As an Illinois resident… finally!

    As an Illinois resident… are you f*$#ing kidding me?! $150 for an application? 16 hours of training? You can’t carry it 80% of the time because of the restricted locations.

    I hope the Senate and Governor are dumb enough to block this bill so we can get Constitutional carry, or get the fees reduced and freedom to carry at 90% of the places we go to.

    I am glad to see that they are covering terminology well with the fully or mostly covered firearm… this’ll prevent (hopefully) from some cops charging law abiding citizens with brandishing like they have in other cities/states.

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  2. Chicago up North and then the entire rational rest of Ill. Is there no rope, or tar/feathers, fence rails in downstate Ill? 150+ years of this BS and still not fed up with the Chicago mob?

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  3. Now Biden will tell us to ditch the double barrel 12 for a Samurai Sword…

    This is not a story of pure heroism, it’s one of overcoming unnecessarily desperate measures.

    If had a fully loaded G17 it would have been a lot simpler.

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  4. “If the Martin family (and the prosecutor) think they can introduce evidence about George Zimnmerman’s character while blocking similar testimony or evidence about Mr. Martin’s character, they’re wrong. And they know it.”

    Exactly what I was thinking as I read this post. This “propensity for violence” thing can cut both ways. If one party’s past is relevant, so is the other’s. I just hope the judge and jury can put aside all the political race-baiting, ignore the specter of riots, and deliver a fair trial with a verdict based on *what actually happened that night*.

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  5. The fact that Martin had a propensity for street fighting ( if I had read the news right ) should definitely be allowed into court. I am no lawyer, but how can you say street fighting has no bearing on a self defense case when the incident happened because one person was getting the back of his head bashed outside ?

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  6. Reminds me of when I was using a bore laser to (roughly) sight in my AR. The cat was trying to climb the wall to get to the red dot. My parents were not nearly as amused by this as I was.

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  7. Basically the powers that be said it was this bill or another may issue non preemption senate bill. They said point blank there would be no cliff. Our downstate support would vote for whatever bill to avoid the cliff, even a bad one. Parts of it suck, but it is an overall win for our state. Not a clean one, but a win none the less.

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  8. Seriously, can we stop painting everything with the “they’re coming for your guns” brush? It’s getting old. FLAME DELETED

    They’re not going to make the 5.56 AK anymore because it was a stupid idea to begin with. No one outside of the US will buy one. AK native ammo is far more plentiful and cheaper in the rest of the world than 5.56/.223. Even in the US, who the hell wants a 5.56 AK? Where do you even buy magazines for such things? Does it take AR Mags?

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  9. Sounds like two scumbags ran into each other. Martin dead and Zimmerman in jail. Sounds like a normal outcome to me.

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    • Agreed.

      If this had been two gang-bangers in Chicago or Detroit, it would not have evan made the nightly news….

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    • You mean the one scumbag that was trying to make his neighborhood a better place to live?, got it, Randy

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  10. Trayvon was a confrontational person and the material demonstrates this. He could have just walked away when confronted by Zimmerman, instead he decided to beat the crap out of Zimmerman. As far as I know, nobody disputes that Zimmerman did not draw until he was on the ground… in other words he is innocent.

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  11. I would need an AR-15 for that. Do they have one for a Liberator? only kidding Big Brother, don’t have access to 3-D printer no how…

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  12. “Is the defense trying to prove Trayvon deserved to be killed
    by George Zimmerman because [of] the way he looked?”

    I notice there was no objection by the defense to allow
    themselves and the MSM to push that Martin was an innocent
    angel and that Zimmerman was psychotic gun toting
    racist.

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  13. Street fighting not relevant? Of course it is. Martin smoked dope? Unless they found something in his postmortem blood work, it’s not relevant.

    Sure, Zimmerman’s defense is trying to influence the jury pool, and it’s about time. The Martin family has been doing so and inflaming the black community since the shooting.

    I’m not a Florida attorney, but in most cases so-called “other crimes” evidence against a defendant is tightly restricted because it can be more prejudicial than probative. So, evidence about a DRO and a scuffle with a cop would likely be excluded from the prosecution’s direct case in, say, NY. FL may differ.

    But “other crimes” evidence against Martin might be admissible. He’s not on trial, so there’s no prejudice. It depends how closely it relates to the events on the night in question.

    It all depends on the judge — who happens to be the fourth one assigned to this case. Two others recused based on the appearance of conflict, and one was kicked based on appearance of prejudice. This case was and remains totally FUBAR.

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    • Especially considering the length of time since the DRO and a scuffle with a cop, and the circumstances surrounding them. I believe the defense has already deposed the former girlfriend who filed the restraining order, and though it wasn’t enunciated specifically, the conclusion I drew was that it was as much a strategic restraining order as a legitimate one.

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  14. I see typical progressive psychobabble:

    “GZ’s history is admissible because it’s good for our case.”

    “TM’s history is inadmissible because it’s bad for our case.”

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    • No, this is how the law works, dipstick. The person on trial sometimes has character evidence to establish motive or pattern. The victim is not on trial, because he is dead.

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      • Except that in this case, it is actually possible that the victim is on trial.

        Assuming it yields a fair result, the trial itself will determine who the victim really was. If it turns out to have been justifiable self-defense, then Zimmerman is the victim, not Martin. If not, then Martin is the victim and Zimmerman the perpetrator.

        We’ll have to wait and see what happens.

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  15. “Is the defense trying to prove Trayvon deserved to be killed by George Zimmerman because [of] the way he looked?”
    In the US, the prosecution is the only one that needs to prove anything. They are not trying to convict Trayvon. Strange that the Martin family’s lawyer is acting more like a defense attorney. Unless your are trying to preserve the yutes (young ones) reputation for the civil suit.
    Maybe in FL there is a burden of proof in self defense cases. Any FL Lawyers out there.

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    • It seems that GZ does not have to prove self defense “beyond a reasonable doubt.” He needs to introduce enough self-defense evidence to create reasonable doubt. That’s from a 2006 case.

      The model jury instruction is this:

      If in your consideration of the issue of self-defense you have a reasonable doubt on the question of whether the defendant was justified in the use of deadly force, you should find the defendant not guilty. However, if from the evidence you are convinced that the defendant was not justified in the use of deadly force, you should find [him] [her] guilty if all the elements of the charge have been proved.

      So if the jury says, gee, we don’t know if GZ acted in self-defense or not, they must acquit.

      I’m a retired NY lawyer and not familiar with FL law, so FL lawyers are invited to correct me.

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  16. Pro-tip: if you do keep a sword in the house, don’t keep the safety on.

    “WTF, AlphaGeek? Swords have safeties?”

    Yep. Japanese swords, especially katana and o-katana length swords, generally have a flat cord called a sageo attached to the saya, or scabbard. The sageo is used to secure the sword to your belt when worn, and frequently used to secure the sword in the saya when stored. This is done by winding the sageo up over the tsuba (guard) onto the tsuka (handle).

    If you store your sword on a nice display rack with the sageo wrapped nice and tight over the tsuba, congratulations! You just turned your sword into a heavy baton in any stress situation where you might actually want to use it for effect.

    The solution is simple: re-wrap the sageo onto the saya before you put your freshly cleaned/wiped-down sword onto the rack. Bonus points if you learn to do it Japanese style with ridiculously flat, neat winding and a crazily elegant quick-release knot securing the end.

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  17. Remember crump, if the glove doesn’t fit you must aquit. Zim was helping blacks, hardly a bigotted thing to do. Randy

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  18. Great review. Well written, informative. Big problem is waiting 10-12 months and they won’t even take a deposit.

    Reply
  19. As the description on youtube says, Moss Pawn & Gun posted a video about chocolate shotgun slugs the same day. They used some of theirs on a cinder block.

    Reply
  20. As with any weapon, if you plan to use a long edged weapon in your house you need to practice and understand the strengths and weaknesses. As alpha geek mentioned, in some areas of the house your technique is limited.

    I have been able to add a modified 870 rail to my Katana to attached a Crimson Trace cm-201 light laser combo. I know when I get multiple visitors in the dark of night the last thing they see before their head drops to the floor is that red dot laser on their forehead…

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  21. I had what I thought was a real rockin comment about an accident with erectile dysfunction medication but apparently the filter didn’t like it.

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  22. Ok, here are my concerns with what this joker they call Chief of Police in South Portland said.

    1- He denied 12 permits. 12 out of how many total? 12 of 12, 12 of 12,000?
    2 – Why were they denied? Each one. And was it truely justfied and objetive or was it subjective judgement that they wre declined?
    3 – The one mentioned as a protective order having just expired. I do not now the laws on this, but I have an issue with this. Was he convicted of a crime or found to be mentally incompetent? From my understanding, anyone can feel threatened ad file a protective order on anyone (slight exaggeration but close to the truth).

    I’ve never dealt with a protective order but my understanding is they can issue them as a precaution and to give the parties in question time to cool down. So an arbitraty decision can strip your rights even though no law has been commited? Again, subjective and a very slippery slope for everyone.

    Also, how would an objective means of issuing a CCW or CCP be a disservice to the public? Everyone is treated equally and against equal criteria/facts? Rather than some subjective measure based on one persons bias? Interesting….

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  23. If you must use a blade weapon, my suggestions would be something like the Roman Gladius. The short length is good for in-close actions, and it is designed for stabbing and slashing actions.

    http://en.wikipedia.org/wiki/Gladius

    For milsurp users, the Mauser 98 bayonet is a good option. 8″+ blade but the edge will often need some work. But the point will be sharp enough for stabbing. If you want reach, the Mosin-Nagant 91/30 with the spike bayonet is a good way to keep things at a distance but in-close the M44 with it’s attached spike also gives you 5 rounds of 7.62x54R as well.

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  24. As an Arizona resident, This article makes me proud. You are correct that a great many people carry without getting the cc permit. Open carry is quite common as well. Feels good to be in a state that still values the bill of rights.

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  25. Sergio’s vasectomy took a little more than he anticipated but it paid off at “Russia’s got talent” tryouts.

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  26. All this talk of Zimmerman being a ‘mall ninja’ or, a wannabe cop, or simply stupid. I wouldn’t go any further than to classify him as incompetent. While we all here are free to pick apart the select facts that have been presented to us, GZ at least got out there, attempting to improve the quality of life in his neighborhood. Also, if following someone constitutes a lethal response…. Try that on the next cop on your tail in traffic.

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  27. Don’t wrap yourself in the American flag Pepper, you certainly don’t have a monopoly on service, sacrifice, or dedication.

    And certainly don’t address the questions posed to you, directly. Just talk about apple pie and the good old USA…

    Have a great Memorial day weekend, true vets don’t need to tell people what they’re doing with their time…

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  28. And if you post a pic of your flags at a cemitary on Memorial Day with a MLI patch on Facebook, you’ll have truly lost every single shred of credibility you might have ever had…

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    • I will extend the same invitation to you that I did with Paul, If you are a customer, email me and I will personally call you and address your concerns. if You are not a customer, I’m confused but I will still offer myself to address your concerns. You question my integrity, my loyalty and intentions towards our veterans , and to question that I am a “true vet’ I tend to take that personally. We are professionals and I work for one of the most passionate dedicated honest men I have ever met. And before you even say it, “why don’t you talk about it here” well, because I am a professional. So Rhino…[email protected] , I will send you my personal phone number, Or if you prefer we can have lunch, unfettered without all this data and code in the way. You want customer service? I am offering it to you. and that goes for anyone if you want to talk to me send me an email I will gladly answer your questions about our products in depth. And Rhino, I will not be responding to your posts any longer, I am sure you will have a field day with that but it’s OK, I think you’ve made it pretty clear that you are from the Troll family, I will be waiting to hear from you. Pepper.

      Reply
  29. The admissibility of evidence in criminal proceedings is primarily controlled by Florida statutes, and case law interpreting those statutes. To the extent the photos and other evidence speak to a character trait of the alleged victim (i.e. violent aggression or peacefulness), FS. 90.404 is informative:
    90.404 Character evidence; when admissible.—
    (1) CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:
    (a) Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.
    (b) Character of victim.—
    1. Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or
    2. Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.

    Thus, under 1(a), unless Zimmerman first offers character evidence of his own character trait for “peacefulness” (aka “opening the door”), the prosecution may not introduce any evidence of Zimmerman’s violently aggressive character, assuming such evidence exists.

    Under 1(b)(1) and 1(b)(2), we see a couple of ways that evidence of Martin’s violent character could become admissible. Note that under b(2), the prosecution could open the door if there is evidence that Martin was aggressor, in which case Zimmerman could respond with contrary evidence. But even under b(1), if the character trait is “pertinent” Zimmerman could introduce it.

    The question is whether or not the evidence is “pertinent” to a character trait for violence and aggression. I doubt gold teeth, despite their gang-culture connection would be “pertinent”, but certainly a passion for personal involvement in street-fighting would.

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0090/Sections/0090.404.html

    90.404(2) also discusses other bad acts, which are generally inadmissible unless to prove “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” Generally, this is to protect Zimmerman, and whether or not it relates to an alleged homicide victim I am not sure. From the alleged “bad acts” evidence I have read about Zimmerman’s past, none of it, in my view, would fall into any of those exceptions.

    So unless I am missing the boat here (it happens) 90.404 (and cases interpreting it) would seem to be the focal point of the discussion. Now, it is possible that another lawyer could disagree with me. But wouldn’t it be nice if the lawyers who purport to inform the public on the law would actually reference the relevant law when giving their views? That way, the public would have some assurance that the speaker isn’t just winging it, right?

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  30. The cop that Zimmerman assaulted was later shot and killed by another officer when he failed to identify himself while undercover. I’m sure he properly identified himself when he started a fight undercover in a bar with Zimmerman and his friends.

    As to Martin’s character? This is how it will play out…the defense will claim Martin attacked their client, the State will put on witnesses saying that no, little Trayvon would never ever do anything like that. He just wasn’t that kind of boy. Then the defense will introduce the photos to counter the State’ mythmaking. If the State brings Martin’s character into it then it’s open season.

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  31. The great Russian “Gum” department store kicks off its AK74 sale.

    Seriously, if you maximize the picture the sign above the building says Gum in Russian.

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  32. I wear a shoulder holster, open dress shirt over it…..

    No need to worry if I print or not….

    Constitutional Carry – – – – – PRICELESS!

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  33. I would like you folks to pay particular attention to the 50 – 70 age group. I will no longer accept being labeled OFWG. I must now be referred to as OFWDG, the “D” is for dangerous. This applies to OFBG’s too. We are to be feared and treated with great respect and I’m also thinking that small cash donations sent periodically as an offering or appeasement would be a wise thing to do.

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  34. The only thing incendiary about those data is the fact that they’re broken down by race and sex. The only question that matters is whether the person is a citizen or permanent resident in good standing.

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  35. “That little quirk is naturally, thanks to the craptastic trigger. Again, fix the trigger and this is a very capable gun for the entry level pistolero.”

    Interesting, I have the 1st gen SD9 and have no problems maintaining decent groups nor any issues with the trigger. It’s a self-defense gun, not a match 1911. Perhaps you’re the “entry level pistolero” that you just so happen to be recommending the gun for, or your delicate little index finger can’t handle it…possibly both.

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  36. As an Illinois native who has been in love with firearms his entire life, I’m optimistic for the state’s future. I’ve lived in North Carolina for almost 17 years. I enjoy my open carry/shall issue residence, and cringe at the thought of returning home unarmed. Does anyone know if Illinois will be honoring out of state CCL’s?

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  37. The best of luck with this lawsuite.I personally find it uncontitutional for anyone to tell me what I can or cannot have to protect my family or property that I have worked hard for all my life. I is my hope that this law suite can bring some senisiblity as to why American have armed ourselves. If you don’t feel the need to have a weapon, that is your right. Just don’t tell what my needs are. That is the crux of it.

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  38. Ah Governor Cuomo…..getting nervous about your political future? You shouldn’t have treaded on the 2nd Amendment! I like the hacker group ‘Anonymous’ motto: “We Do Not Forgive! We Do Not Forget!” It seems to apply here.

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  39. You need the video of this, not just a photo of the program.

    http://youtu.be/9taL4svjH_g

    The concern troll tone of this is just funny to me. These are dangerous because there are no standards.

    I mean, he’s not wrong, but the way he says that makes it sound as if there were standards, it would all be hunky-dory.

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  40. So in the hands of the PD the things are once again Patrol Carbines. In the hands of DHS they’re Personal Defense Weapons. In my hands its an Assault Weapon? So here: I’ve got an organ, which for me is a Pipe Organ. If Hilly gets a hold of it, its a Hand Organ. If DHS gets to it, it becomes a Mouth Organ.

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  41. As the mother of three grown sons, I can relate to both of these guys. But let’s not forget that, no matter how tall Trayvon was, he had just turned 17 the month before this happened, and he was just visiting his father and most likely not that familiar with the neighborhood. GZ might not have recognized Trayvon as a member of the neighborhood and therefore thought he didn’t have the right to be there, but Trayvon also did not recognize this strange, stocky, (probably) menacing looking man. Yes, I did tell my children to walk fast and then run home if they were ever followed by a stranger, but I also gave them Judo lessons and that wasn’t so they could be actors in Hollywood.

    We know from the phone call that Trayvon had rounded the corner of the building — and GZ still followed him. And it does not seem that GZ did as he had agreed to with the 911 operator and turned back to his car. Because the shooting occurred in the middle of the courtyard. A teenager might look grown but his brain has not fully evolved. This is why we hold them to a different level of accountability in life and allow them to grow up before expecting adult behavior from them. Especially in a case where he is being followed by a stranger. Trayvon had just as much right to defend himself as GZ did. And he wasn’t carrying a loaded gun.

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