Zimmerman's Murder Charge: Prosecution Must Prove 'Depraved Mind'
SUMMARY
A special prosecutor in Florida said Wednesday that she was charging George Zimmerman, the neighborhood watch volunteer who shot and killed 17-year-old Trayvon Martin in a confrontation in late February, with second-degree murder. Jeffrey Brown discusses the legal reasoning behind the charge with Florida attorney Jeffrey Weiner.
JEFFREY BROWN: And we turn to the latest on the Trayvon Martin case and a charge just brought in that killing. Martin was shot and killed in a gated community in Sanford, Fla., in late February during a confrontation with George Zimmerman. The 17-year-old was unarmed. Zimmerman told police he'd acted in self-defense.
A short time ago, special prosecutor Angela Corey said she was charging Zimmerman with one count of second-degree murder and that he was now in custody.
Here's an excerpt from her press conference.
ANGELA COREY, Florida state's attorney: We launched an intensive investigation building on all of the work the Sanford Police Department and the state attorney's office in Seminole County had already done.
Unless you've ever been a law enforcement officer or a prosecutor handling a difficult homicide case, you cannot know what it's like to launch this type of investigation and come to the right conclusion.
The Supreme Court has defined our role on numerous occasions as prosecutors that we are not only ministers of justice, we are seekers of the truth. And we stay true to that mission. Again, we prosecute on facts and the laws of the great and sovereign state of Florida, and that's the way it will be in this case.
When we took our oath of office in 2009, we pledged not only to look out for our precious victims of all of our cases, but also to adhere to the rules of the criminal justice system and the rules of our Constitution and statutes that protect a defendant's rights as well.
When we charge a person with a crime, we are equally committed to justice on their behalf as we are on our victims' behalf. So we are here to do that on behalf of our victim, Trayvon Martin, and on behalf of the person responsible for his death, George Zimmerman.
We will continue to seek the truth throughout this case. Every single day, our prosecutors across this great country handle difficult cases, and they adhere to that same standard, a never-ending search for the truth and a quest to always do the right thing for the right reason.
There is a reason cases are tried in a court of law, not in the court of the public and not by the media, because details have to come out in excruciating and minute fashion, detail by detail, bit of evidence by bit of evidence.
And it's only then when the trier of fact, whether it's a judge or a jury, gets all of those details that then the law is applied to that and a decision can be rendered. We will scrupulously adhere to our ethical obligations and to the rules of evidence in presenting this case that way.
Today, we filed an information charging George Zimmerman with murder in the second degree. A capias has been issued for his arrest. With the filing of that information and the issuance of a capias, he will have a right to appear in front of a magistrate in Seminole County within 24 hours of his arrest, and thus formal prosecution will begin.
JEFFREY BROWN: More now on the charge against Zimmerman.
Jeffrey Weiner is an attorney in Florida and former president of the National Association of Criminal Defense Lawyers.
Welcome to you.
So, second-degree murder, tell us what that means. What is the charge?
JEFFREY WEINER, criminal defense attorney: Second-degree murder basically means that the act was imminently dangerous to another, evincing a depraved mind regarding of human life and without premeditated design, in other words, not first-degree murder and not manslaughter, second-degree murder, punishment up to life in prison.
JEFFREY BROWN: Well, that's what I was wondering.
Among the things she could have charged him with, it's manslaughter on one side and first-degree murder on the other?
JEFFREY WEINER: Basically, first-degree murder is premeditated, so I don't think anybody thought she would charge that.
Most people I believe involved in the criminal justice system thought the charges would be manslaughter. Instead, she charged second-degree murder. It's a very, very harsh and serious charge. Maybe it's justified, maybe not. We'll have to see.
JEFFREY BROWN: It's also, clearly, harder to prove, I would expect. So what is required in the proof?
JEFFREY WEINER: The proof is certainly more than what is required for manslaughter. They're going to have to show that he had really a depraved mind. In other words, he didn't plan this ahead of time. It wasn't premeditated, but it was as reckless and wanton behavior as could possibly have taken place short of premeditation.
JEFFREY BROWN: Now, tied in to all this from the beginning, of course, was Florida's stand your ground law. How does that play into this second-degree charge here?
JEFFREY WEINER: I'm not so sure it has much to do with it.
There's always an inherent right of self-defense in states that don't have this law and even before Florida adopted the law. Mr. Zimmerman's counsel may argue that he had a right to confront Trayvon, that he went to him, and, at that point, he didn't have to retreat when he was attacked.
We don't know enough of the facts yet, but these are more serious charges than most people expected, and it's a very, very heavy burden on the state of Florida to prove beyond a reasonable doubt all of the elements of second-degree murder.
JEFFREY BROWN: But so -- but staying with this stand your ground, so just to be clear, the prosecutor wasn't necessarily building a case around it; she was just saying it doesn't apply or here's the charge in spite of what that law is?
JEFFREY WEINER: I think it's the latter. Here's the charge. You defend yourself now, and good luck.
Now, whether she's looking for a trial, whether she's looking to try to coerce a plea to a less-serious charge, such as manslaughter, we'll have to see.
JEFFREY BROWN: How unusual is this, just having -- in Florida, just having a special prosecutor brought in, in a case like this?
JEFFREY WEINER: It happens often, but not all the time.
This is a case where I believe the governor was correct to do it. And I do salute this prosecutor for not bringing the matter to a grand jury. I think she was right to make the decision herself.
JEFFREY BROWN: Well, explain that. She did make that decision. What would that be based on? What was the alternative there?
JEFFREY WEINER: The alternative was what I would think would be sort of a cop-out, in other words, bring it to a grand jury. A grand jury typically does whatever the prosecutor asks the grand jury to do, and then the prosecutor can say, listen, even though I run for public office, this was not my decision. This was the decision of a grand jury.
Instead, she took the responsibility to say, listen, this is not first-degree murder. I don't have to give it to a grand jury. I will make the decision. And I think that was proper and correct.
JEFFREY BROWN: Now, just yesterday, George Zimmerman's lawyers withdrew from the case. They said that they were having trouble contacting him. They said they were worried about his emotional, his physical state. So where does that -- where does that leave things for him?
JEFFREY WEINER: Well, I'm not sure if he's going to have a private lawyer or an appointed lawyer, if he qualifies.
Frankly, the behavior of the lawyers, in my opinion, was shocking. I have never witnessed anything like that in almost 39 years as a criminal defense lawyer. I think the conduct of those lawyers will be subject to scrutiny by the Florida bar.
JEFFREY BROWN: Because, what, speaking to the media, you mean, or just -- or withdrawing?
JEFFREY WEINER: Well, not just -- not just speaking to the media, and certainly not withdrawing, but all of the facts, the comments that they said, that they haven't been in touch with the client, that they haven't spoken with him, they don't know where he is.
I mean, they said a lot of things that are, number one, privileged, number two, totally inappropriate, and, in my view, it looked like a publicity move more than actual serious representation in this very, very important and serious case.
JEFFREY BROWN: Now, the prosecutor just a few minutes ago said that Mr. Zimmerman is now in custody.
That was after yesterday, where the lawyers were saying his whereabouts were unknown. But the prosecutor, I gather, has said -- she's not saying where -- where he's being held. Is that unusual?
JEFFREY WEINER: No, it's not unusual.
My thought always was, when she announced charges, he would already be in custody. So that happened one of two ways. Either the police went out and arrested him, or he has counsel, or contacted them and said, listen, if you're going to charge me, I'll surrender myself.
We don't yet know the details. There's a very, very strong chance, however, that he will be granted bond, although not immediately, because in Florida, there is typically a secondary hearing in which the state tries to keep someone in custody, if that's what they want to do, on life felony charges, such as this one, and the defense moves for a bond.
And absent an agreement, he will not be released tomorrow.
JEFFREY BROWN: It was very interesting to hear the prosecutor there talk about not trying this in -- not trying this in the public, not trying this in the media.
Of course, this case has aroused national attention and no doubt in Florida as well. Would you think that that played -- or put some special pressure on her to act quickly?
JEFFREY WEINER: Yes.
I don't think she acted that quickly, frankly. But she had pressure, international pressure even, to make a decision in this case. I think she feels she has enough evidence to go forward. She made the obligatory comments of looking out for a defendant's rights. We'll see about that as the case goes on.
JEFFREY BROWN: And what does happen next? What's the next step?
JEFFREY WEINER: Well, the first step is he has an initial appearance. At that point, if there's no agreement as to bond, a bond hearing will be set, it's called an Arthur hearing, in Florida.
After that matter is resolved, whether he'll be held in custody pending the outcome of the case or released on bond, then we have what's called discovery. Florida is one of the best states in the country for open discovery. There's no ambush, like in federal courts. All witnesses must be disclosed. All evidence must be disclosed, and the defense lawyer or lawyers will prepare this case for trial or ultimately a plea.
It just depends how this case plays out.
JEFFREY BROWN: All right, Jeffrey Weiner, thanks so much.
JEFFREY WEINER: My pleasure. Great questions.
Watch Special Prosecutor Angela Corey's News Conference:
http://www.pbs.org/newshour/bb/law/jan-june12/trayvonmartin_04-11.html
George Zimmerman is charged with 2nd-degree murder in Trayvon Martin shooting
By Sari Horwitz
George Zimmerman, the neighborhood watch volunteer who fatally shot Florida teenager Trayvon Martin 46 days ago, was charged with second-degree murder Wednesday, marking a turning point in a case that has provoked nationwide debate over racial profiling.Florida special prosecutor Angela B. Corey, who announced the charge in Jacksonville, said that “the search for justice has brought us to this moment.” Zimmerman turned himself in and was brought Wednesday evening to the Seminole County jail.
Criminal justice lawyers said Corey faces an uphill battle in persuading a jury to convict Zimmerman of second-degree murder. Zimmerman told police he was fighting for his life in an altercation with Martin, who was 17 and unarmed, before he fired in self-defense.
Murder in the second degree, under Florida law, refers to a killing carried out without premeditation but with “a depraved mind regardless of human life.” If convicted, Zimmerman faces a maximum sentence of life in prison. His attorney, Mark O’Mara, said Wednesday that Zimmerman will plead not guilty.
A hearing in the case is scheduled for Thursday afternoon.
Martin’s parents applauded Corey’s decision to take Zimmerman into custody, calling it a first step toward justice.
“We simply wanted an arrest,” said Sybrina Fulton, Martin’s mother. “Thank you, Lord.”
His father, Tracy Martin, said: “We got a long way to go, and we have faith. . . . We will continue to hold hands on this journey — white, black and Latino.”
Corey said she had personally informed Martin’s parents of the outcome of her investigation.
“It was less than three weeks ago that we told those sweet parents that we would get answers to all of their questions no matter where our quest for the truth led us,” she said.
Martin was fatally shot Feb. 26 while walking in the Retreat at Twin Lakes, a complex of about 260 peach-colored townhouses in Sanford, Fla. Martin was staying with his father and his father’s fiancee in her townhouse, and he had left briefly to walk to a nearby 7-Eleven to buy a bottle of iced tea and a bag of Skittles.
Zimmerman, 28, who worked at a fraud-detection company, was driving to Target, according to his father. Zimmerman spotted Martin and called 911, saying that there had been a rash of burglaries in the area and that there was “a guy . . . walking around, looking about.”
“This guy looks like . . . he’s on drugs or something,” Zimmerman said.
Before police arrived, Zimmerman and Martin encountered each other in a grassy area between the back yards of two rows of townhouses. Zimmerman says Martin punched him in the face, knocked him down and slammed his head against the pavement.
He has maintained that he was defending himself when he pulled a black Kel-Tec 9mm and shot Martin at close range in the chest after the teenager tried to take the gun. When officers arrived, they found Martin dead in a pool of blood in the grass and Zimmerman bleeding from his nose and the back of his head.
‘Stand your ground’ law
Authorities in Sanford decided not to charge Zimmerman, citing Florida’s “stand your ground” law, which allows a person to use deadly force in self-defense when there is a reasonable belief of a threat and which does not require people to retreat.
Allowing Zimmerman to go free prompted a wave of protests across the country, led in part by Martin’s parents.
The case stirred racial tensions in part because Zimmerman, who is Hispanic, described Martin in his call to police as looking suspicious and “up to no good.” For weeks, the Rev. Al Sharpton and other civil rights leaders have invoked memories of lynching victim Emmett Till and have organized rallies to press for Zimmerman’s arrest. Images of the man and the teenager have played continually on cable television. President Obama weighed in with a comment from the White House: “If I had a son, he’d look like Trayvon.”
Zimmerman’s father has said that his son is not a racist and that he was trying to protect his neighborhood.
Martin’s parents and their attorneys heard the news of the charge on Wednesday in Washington, where they had traveled for the annual convention of the National Action Network, a civil rights organization founded by Sharpton.
“It is about justice, justice and only justice,” said Martin family attorney Benjamin Crump. “We can take a short breath because we are just now getting to first base. This is only first base in this game of justice.”
Zimmerman had been in seclusion for more than 40 days. Two lawyers who have represented him for part of that time, Craig Sonner and Hal Uhrig, announced Tuesday they had lost contact with Zimmerman and could no longer work on his behalf. They voiced concern for his emotional and physical well-being and said Zimmerman had taken actions, such as setting up a Web site soliciting donations and attempting to contact the prosecutor, without consulting them.
‘Focus of anger’
O’Mara, Zimmerman’s new attorney, said he has been troubled by the public outcry against him.
“He has been the focus of anger and maybe confusion and maybe some hatred,” O’Mara said.
An activist group, the New Black Panther Party, had announced that it was raising money to fund a $1 million bounty for the “capture” of Zimmerman.
Corey, a Florida state attorney, was appointed by Gov. Rick Scott (R) to investigate the case after State Attorney Norm Wolfinger recused himself. Wolfinger had scheduled a grand jury for April 10, but Corey announced this week that she was not going to bring the Martin case before the grand jury.
In many parts of the country, people gathered around televisions at 6 p.m. Wednesday to watch Corey reveal the preliminary results of her investigation. A small group met in the basement of Allen Chapel AME Church in the historically black Goldsboro neighborhood in Sanford.
As Corey said “justice for Trayvon,” people nodded. When she said “murder in second degree,” they nodded again. And when she said “Mr. Zimmerman is in custody,” a cheer went out and people clapped and said, “Yes, yes, yes.”
Then City Commissioner Velma Williams said: “We did not come here to celebrate. . . . We came here to give thanks to the Almighty that . . . the wheels of justice still do turn. We do not rejoice in anyone’s shortcomings,” she said, adding later that “Mr. Zimmerman has a family, too.”
For a moment, there was relief — and then, for some, apprehension.
“Relief comes in one sense,” Cappila Gaines said as her son walked in from the bright Florida afternoon. “But there is still some type of stress that remains, and we’re hoping there aren’t repercussions” from Zimmerman’s defenders.
Staff writer Stephanie McCrummen in Sanford and staff writer Krissah Thompson and staff researcher Lucy Shackelford in Washington contributed to this report.
