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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJustice official says George Zimmerman unlikely to face federal charges
WASHINGTON George Zimmerman is unlikely to face federal charges for killing black teenager Trayvon Martin because it would be difficult to prove he acted out of racial bias, Justice Department officials said Tuesday. . . .
But a successful federal prosecution of Zimmerman would require clear evidence that he set out to attack the unarmed Martin because he was black.
Although that is exactly what many Americans see in the fatal shooting of the 17-year-old, it can be very hard to prove in court, legal experts said. So far, prosecutors have not shown evidence that Zimmerman acted out of racial bias.
"I'd be very, very surprised if we took it," said one federal civil rights prosecutor, speaking anonymously because no decision had been made. "It's a very tough, tough case to sell" because of the lack of witnesses.
"The difficult element would be proving racial motivation beyond a reasonable doubt," said University of Michigan law professor Samuel Bagenstos, a former civil rights attorney in the Obama administration. "In most of these [hate crime] cases, you have someone who had made racial statements or you have a group who goes looking to attack a person based on their race."
But a successful federal prosecution of Zimmerman would require clear evidence that he set out to attack the unarmed Martin because he was black.
Although that is exactly what many Americans see in the fatal shooting of the 17-year-old, it can be very hard to prove in court, legal experts said. So far, prosecutors have not shown evidence that Zimmerman acted out of racial bias.
"I'd be very, very surprised if we took it," said one federal civil rights prosecutor, speaking anonymously because no decision had been made. "It's a very tough, tough case to sell" because of the lack of witnesses.
"The difficult element would be proving racial motivation beyond a reasonable doubt," said University of Michigan law professor Samuel Bagenstos, a former civil rights attorney in the Obama administration. "In most of these [hate crime] cases, you have someone who had made racial statements or you have a group who goes looking to attack a person based on their race."
http://www.latimes.com/nation/la-na-zimmerman-justice-20130717,0,5160145.story
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Justice official says George Zimmerman unlikely to face federal charges (Original Post)
BainsBane
Jul 2013
OP
customerserviceguy
(25,183 posts)1. I figured that
the President was not willing to use political capital on this, he's just waiting for things to cool down to issue an announcement in a weekend news dump.
Blue_Tires
(55,445 posts)2. Couldn't they argue that Martin's civil rights were violated?
marshall
(6,665 posts)3. That argument must hinge on racial animus, which can't be clearly proven
In addition, witness Rachel Jeantel has now introduced the added twist that Trayvon may have believed Zimmerman was gay. Defense could argue that Trayvon profiled Zimmerman and allegedly threw the first punch because of that.
justiceischeap
(14,040 posts)4. When did she introduce that Martin may have believed Zimmerman was gay?
I've missed this little tidbit. I know there was mention of him possibly being a "creepy ass cracker" that maybe wanted to "rape" him but nothing beyond that.
Blue_Tires
(55,445 posts)5. Jeantel said that in court? That's news to me...
Nye Bevan
(25,406 posts)8. Suggested it on CNN:
MORGAN: But you -- but you felt that there was no doubt in your mind from what Trayvon was telling you on the phone about the creepy ass cracka and so on, that he absolutely believed that George Zimmerman, this man, you didn't know who he was at the time, but this man, was pursuing him?
JEANTEL: Yes.
MORGAN: And he was freaked out by it?
JEANTEL: Yes. Definitely after I say may be a rapist, for every boy, for every man, every -- who's not that kind of way, seeing a grown man following them, would they be creep out? So you have to take it -- as a parent, when you tell your child, when you see a grown person following you, run away, and all that.
Would you go stand there? You going to tell your child stand there? If you tell your child stand there, we're going to see your child on the news for missing person.
http://transcripts.cnn.com/TRANSCRIPTS/1307/15/pmt.01.html
JEANTEL: Yes.
MORGAN: And he was freaked out by it?
JEANTEL: Yes. Definitely after I say may be a rapist, for every boy, for every man, every -- who's not that kind of way, seeing a grown man following them, would they be creep out? So you have to take it -- as a parent, when you tell your child, when you see a grown person following you, run away, and all that.
Would you go stand there? You going to tell your child stand there? If you tell your child stand there, we're going to see your child on the news for missing person.
http://transcripts.cnn.com/TRANSCRIPTS/1307/15/pmt.01.html
pintobean
(18,101 posts)6. No she didn't
She said that TM may have thought GZ was a sexual predator.
BainsBane
(53,072 posts)9. They have to be able to prove a hate crime
which is a higher burden than manslaughter or second degree murder.
Pelican
(1,156 posts)7. Saw that one coming...