E-mail updates
Follow on Twitter
Subscribe to RSSNBC's Ron Allen reports on the latest in the Trayvon Martin case, if the current judge on the case will remove herself due to a conflict of interest, Zimmerman's upcoming bond hearing and what the outcome of his arraignment could be.
Given the immense pressure to arrest and try George Zimmerman for the shooting death of Trayvon Martin, defense attorneys who have worked on other high-profile cases say it will be tough for him to get a fair trial.
The public outcry against Zimmerman, 28, has been intense: More than two million people signed a petition calling for his prosecution; civil rights leaders descended on Sanford, the Florida city where unarmed teen Martin was killed; and almost-daily rallies were held demanding Zimmerman’s arrest.
“There’s no way in the world I think this case could be heard in Sanford. The emotional state there is just too volatile … I don’t think it’s an issue having to deal with media coverage as much as it is local community pressure,” said Jose Baez, the attorney who last year successfully defended Casey Anthony in Orlando, a 30-minute drive from Sanford.
Now that the legal process has begun, Zimmerman will get an opportunity to present his side of the story. But given the intense media spotlight on the case, defense attorneys say it may be hard to find a jury of his peers in this close-knit community who don’t already have an opinion about his guilt or innocence. And even if the trial is moved or jurors are brought in from elsewhere, that may not shield them from public pressure, the attorneys said.
In the trial of Casey Anthony, who was acquitted of killing her 2-year-old daughter, Caylee, jurors had to be brought in from outside Orlando to hear the case. But even though the jury was sequestered during the trial, jurors were left ostracized and some “went into hiding” when their identities were revealed after rendering their decision, Baez said.
“How can a juror feel free to vote their conscience and to place a fair vote when they know, okay, I may be safe in here because I’m sequestered, but once I go out there and once my name is made public, people are going to harass me?” he said.
If jurors face this kind of outcry after delivering “unpopular decisions,” he said, “it may create a chilling effect where jurors are afraid to vote not guilty because of fear for public backlash. Who wants a bunch of media trucks parked outside their house asking them and harassing them as to why they made their decision?”
Zimmerman expected to take the stand in Trayvon Martin murder case
'All that's at stake'
Jeff Deen, a criminal defense lawyer and a former prosecutor who works and lives in the Sanford area, echoed Baez’ comments. He said it would be close to impossible for a jury to be selected in the city where “everybody’s six degrees from somebody.”
“There is some worry about, you know, how this is going to affect the community if you vote guilty or not guilty,” he said. “Is somebody that lives here going to be comfortable acquitting him when they know … all that’s at stake locally?”
AP Photo
Bernhard Goetz, escorted by detectives, leaves New York Police headquarters, Jan. 3, 1984, after his return from Concord, N.H., where he turned himself in and admitted to shooting four youths on a New York subway train in December.
Barry Slotnick, the New York lawyer who has taken on many high-profile defendants, including Bernhard Goetz -- a white man accused of shooting four black teens in 1984 in a case that divided the city -- said he thought Zimmerman, who is charged with second-degree murder in Martin’s death, could get a fair trial but would need a skilled attorney to weed out jurors who may have already decided his guilt.
“In trying Bernie Goetz, one of the newspapers in New York City had a headline, ‘How to get on the Goetz jury,’” he recalled, noting it outlined what they needed to do to accomplish that. “These were not people who were in favor of Bernie Goetz or anything else of that sort, but we survived it.”
Slotnick said Goetz was tried in the city and was acquitted of all charges except for possession of an illegal gun. Slotnick also recalled trying another racially-charged case in which two members of a white Jewish community allegedly beat up a black youth in the Brooklyn neighborhood of Crown Heights.
He won his clients an acquittal, though he said a juror had struggled with the pressure from her community not to acquit.
“I was in Brooklyn. It was tough, and I knew that if I got any people from the Crown Heights’ area, their decision would be dictated by their race,” he said.
It remains to be seen whether race will be a factor introduced at trial, though the killing of Martin, a black youth, by Zimmerman, who is Hispanic and white, has generated a national debate about race relations.
Slotnick said a potential area of concern in selecting a jury could be African-Americans jurors who have children.
“The president of the United States related to the fact that could have been one of his kids and, you know, is that the way black Americans think? And if it is – I understand it -- but it shouldn’t interfere with the criminal justice system,” he said.
Zimmerman's new attorney: Who is Mark O'Mara?
In the end, Zimmerman may never stand trial. A judge could rule that his actions are covered under the controversial “Stand Your Ground” law, under which a citizen doesn’t have to retreat before using deadly force against an attacker. In such cases where that defense has worked, defendants are given immunity from prosecution -- effectively dismissing the case.
More content from msnbc.com and NBC News:
- 'Pray in sorrow': Search for 4 missing California sailors called off
- 'He was a good daddy': Father, daughters among 5 killed by tornadoes
- US: 56 coral species face extinction danger
- Climate changes scientists look back - 3 million years - to the future
- Police: California suspect was prepared to do battle
- NRA official accuses media of sensationalizing Trayvon Martin story
Leave a Comment:
Zimmerman may be acquited. The outrage for me was that he was not charged based on his own story without consideration of any other factors, and the decision to not investigate further and not charge him made by a local official within hours of the event. Now that the real legal system is involved there may be a ghost of a chance that justice may prevail - one way or the other.
Anita--I SURE hope you will tell the judge what you just posted, in the case of YOU being called for jury duty on this case.
SELF DEFENSE, long before the 'stand your ground' law, has LONG been a legal defense in this country.
Are you AWARE that this neighborhood had had a LOT of problems with break ins and assaults, which is why the neighborhood watch group was FORMED?
Are you aware that some of the "9-11" calls (many were to the "non-emergency" number of the police) were for things like "children playing in the street" or "manhole cover displaced in the pavement"? Were you aware that Zimmerman had chastized the police for their treatment of a black suspect in the past, too?
The OUTRAGE you feel is falsely directed. Your OUTRAGE should be that the PRESS is trying to determine how this case comes out.
And it is ABSOLUTELY normal for the police, in a self-defense case where they have every reason to believe the shooter, to (after 5 hours of questioning) to release him.
And the REASON they would have had every reason to believe Zimmerman's claim of self defense is that HE was the one with the bloody face and cuts on his head/grass stains on the back of his clothes.
It is not normal for police to decline to press charges or even request them from the prosecutors office after 5 hours of questioning of the suspect alone. The victim had not even been identified by the time they let Zimmerman go. That information alone could have led to a trail of information that might have indicated some connection between the two men and some level of animosity. Without knowing who the victim was they could not determine if they were involved in a drug deal, a romantic rivalry, a criminal conspiracy gone wrong etc.
Unless Martin was breaking in or assaulting someone, regardless of how many of those events had previously occurred, he was not responsible for what other people had done previously nor was he responsible for neighborhood frustration about the problem. If he was involved in previous criminal acts in the neighborhood and Zimmerman knew that, it creates a completely different picture but I have seen nothing yet that would indicate that.
The police tapes of Zimmerman being taken into the station do not conclusively show that he was or was not injured and I have seen no reports of medical treatment. I also am not convinced that Zimmerman was racially motivated though the ease with which authorities tried to dismiss this is in line with systemic devaluation of the lives of minorities, especially black men.
A finding of self-defense is the outcome of a complete investigation, not the assumption based on what the shooter said. The fact that the victim was not armed would argue in just about any other jurisdiction to continue to investigate.
I can be outraged about any aspect of this case I want to be outraged about. The media of course sensationalizes things, but if they did not report these things people would potentially get away with murder, government would be completely unaccountable to its citizens and business could violate laws with impunity. There is a reason the press is protected by the constitution. If there had been no press, the American revolution would never have happened. The press is not always responsible but it is up to us, once we have the information, to decide what is real and what is not; what to pursue or not; and what is important or not.
If I lived in Florida I would have no problem being called to serve on this jury.
To state that if african american women with children are picked for the jury they will be biased is untrue. As it will also be untrue to state that if hispanic or nonhispanic women with children were picked they too would be biased. So, we could conclude from this article that the only nonbiased people who could render a "fair trial" would be who? Surely, lawyers repesenting the "victims" will state factual information and evidence in this trail. A defense has to also present factual informaton and evidence. GZ was so sure that no one can convict him without evidence - factually stated on his website. Unfair trail - the main premise of this case is that an unarmed teenager was killed and the person who killed him confessed. How can this be so ambiguous to some, especially lawyers? The state attorney who decided not to go forward with this case, opened the door, in light of an investigator wanting to go forward, and has shaken the consiosness of our country's citizens that was dorment. AND THATS GOOD AND FAIR.
Blacks are not his peers, they are his victims and this lawyer will have to go to a country in Mars to find some one that is not biased. I would think that around half of the people that comment here are biased in favor of Zimmerman merely because Zimmerman was identified as white and the victim black. The fact is that it doesn't matter if Martin was 30 years old and a suspect in some weird case. The facts that matter are that Zimmerman was armed, failed to follow instructions and that there is no real evidence that Martin hurt him.
It's a lot of ignorant people on this site,did young Mr. Martin get a fair trial it seems that george zimmerman was the the judge,jury and exicutioner in all this.
Huh? It's kind of ignorant to call others ignorant when sounding a bit ignorant.
Coyote you hit on something that only Zimmerman and his supporters can hope and pray is true and can be verified by cellphone records. Good investigative work and in depth analysis whoever you are!
As far as jurors go, there are more Hispanics in the area than Black's or White's so I would suspect a jury pool would have more Hispanics than any other Race and the final Jury would have the same.
Most Zimmerman supporters would have been more than satisfied (pleased as punch) with this teen's death serving as an example to scare off other would be burglars in the neighborhood. The manner or legality of the shooting mattered less than a dime.
They would figure that a dead body would be the perfect scare tactic for other hoodie wearing African Americans. You know, like they did in some ancient and primitive civilizations where the natives would kill their rival tribe members, cut off their heads and hang it in trees to discourage or scare off the rest of the warring rival tribe.
Well, it does work. If it didn't, the method would never have been used.
It never worked. The method only satisfied the blod thirsty individuals who used it.
Freedom for zimmerman!
Put the keyboard down and get back out in the cotton with your hoe.
He'll get a fairer trial than Trayvon got.
"fairer" what the.......... I guess, if you say so. But the question then would be who is the fairest of them all?
He's innocent - defended himself - too bad for Trayvon he messed with the wrong guy.
Hell, let's all petition Florida to just listen to GJC and save the state a whole lot of money. He seems to have a short cut to knowledge that could be used to the benefit of the rich white racists.
BTW, what is the opposite of intelligent?
" he messed with the wrong guy."
Speechless. You sir are one to never be allowed to own or hold a gun.
There can be only two outcomes. One- he will be found guilty and will spend a long time in very close contact with very large black angry men. Two - he will be found innocent and will spend a long time wondering why he was born so stupid.
I find it ASTOUNDING that MSN has the stones to even PRINT a story like this, MUCH less title it "tough for Zimmerman to get fair trial, defense attorneys say".
MSN, along with its 'sister sources, NBC and MSNBC, are the REASON why Zimmerman cannot get anything approaching a fair trial.
It is THEIR unrelenting push for "facts", innuendo, rumor, gossip, and sensationalism that has MADE that so.
So here's a challenge to MSN--
1) NO more coverage of this case on your sites
2) NO attempts to get interviews with either prospective jurors, or eventual ones, whether before OR after the trial.
3) Challenge OTHER "news" media to do the same.
You are not required to read what is written. You are welcome to just stick to FoxNews.com.
MOmaid,
.....what Madge said!
Can we at least please get this damn trail over with??? I'm sick of hearing about this and about Martin!!!! God people let it go for God's Sake!!! DAMN!
he will get about as fair trial as trayvon did when he shot him dead!!!!!!
All of the FACTS still have not came out, just some small tidbits, to keep the rabble roused up, making premature judgements of his guilt or innocent. None of us were there, none of us knows what happend there, except a 17 yr old was shot and killed by Zimmerman.
I feel sorry for the kid's family, but until all the facts come out, 7 friggin pages of comments from people who think they know what happened. Geeze people, just wait and see. There is more to life than this little problem. And yes, he can get a fair trial, just not in that area.
I think there are some basic facts that cannot be changed by the media and their editing. Mr. Zimmerman was told not to follow him by police dispatch, and he clearly chose to ignore that. Mr. Zimmerman then got out of the car, with a gun, and pursued Mr. Martin. I have to be honest, I do not know much about neighborhood watch procedures, but I have never heard of a neighborhood watch being armed. My guess is that Mr. Martin was scared by being followed. The most unfortunate part is that Mr. Martin had no other way to defend himself except by physically attempting to defend himself. So, while people can say that Mr. Martin physically assaulted him, Mr. Martin is not here to defend himself on the 'stand your groun' theory because he is dead. If Mr. Zimmerman is worried about a fair trial, I believe he can have the trial by a judge alone. Also, the police department that allowed this to happen should be relieved of their duty. Their decision to let this go with no investigation is an absolute travesty. While I believe Mr. Zimmerman needs to answer for what he did in a trial, the police department also needs to answer for their absolute complete incompetence.
Marge--see, your comments are why Zimmerman cannot GET a fair trial. The police dispatcher did NOT tell Zimmerman not to follow. Zimmerman was ALREADY out of his car. So tell me this, if Trayvon was so SCARED of Zimmerman following him, WHY did he not call his father, who was only a short distance away?
Why did Trayvon not call 9-11 HIMSELF?
You DID know that the police questioned Zimmerman for FIVE hours after this incident, which, coupled with the fact that it is in the police report that Zimmerman was injured, gave them every reason to believe his story of defending himself.
And Madge--in this SAME community, there was an episode where a young mom with a baby heard her doorbell ring, did not recognize the person at the door, and so did not answer. Then she heard ANOTHER person at her back door, who BROKE in. She retreated all the way to her bedroom with her baby, (who was crying, so the perps KNEW they were there) and the perps tried to break in there too, but heard police sirens and ran, but ONLY after robbing her.
That incident, and several other break ins was why a neighborhood watch was formed in this neighborhood.
MOmaid - Neighborhood does not equal following someone with a gun.
Yes, Mr. Zimmerman was told not to follow him. You are correct, he was already out of his car, with a gun.
Again, the police department is just as much at fault for not doing what was appropriate. Did they collect evidence, take pictures, etc? THAT is exactly what will allow Mr. Zimmerman to go free, as the prosecutor will now be unable to build the case he might have been able to do.
I agree, I do not think that Mr. Zimmerman has much of a chance of a fair trial, but neither did Mr. Martin, did he?
the wont haf no fare trail the blacks will beet evarybody up,,,, i never leaf my trailor wightout my gun cawz the blacks beat me up if I dont,,,, they ahlways beet me up,,,, i haits beenin beetin up.
Gee, Coyote, didn't fool you! Everyone would have thought you would agree with him. You have a chance yet. Have you been reading Guns and Ammo again? That should bring you IQ up above 90 if you keep trying.
huh///??
Fingers, you tried way too hard, it ain't even funny.
these children shouting (no justice no peace) what will they do when this man is found not guilty? Their color does not matter black or white there fools a long with the black Panthers is it possible to arrest them for threatening a riot oh yes I'm sure they were justified in trashing the businesses when they left school early to support the 6 foot one----druggie that was looking in the windows of the house near where he was shot. And yes there's questions was the girlfriend who claims she could see him being followed should she be investigated as a possible lookout for the druggie that had been kicked out of school. Or we not allowed to use that type of language or say what's really on our mind to the young black community
You are allowed to say what ever you want. But I suggest you finish school first, so as to not sound so ignorant or stupid.
You are a sick individual, get some help.
That post made absolutely no sense.
P Behan,
You have NO iDEA what you are talking about!
Case in point people. Would the fact that Hispanics are in fact the majority in the Orlando area school system....and the Whites and Blacks are classified as a Minority change your thoughts as to the outcome of any jury trial? I will give you that there are still more White's than Black's in the area but the numbers are rapidly dwindling for both Races.
A Hispanic Man can not find Justice under the Obamanation!
The Obama nation is called America! Get used to it or take a ticket to Russia where you will find more folks with your lifestyle. You do not get to tell the POTUS what to do. Get over it.
Wow...all these pseudo-macho rednecks posting on here crack me up. Yeah, yeah...you're all bad asses who are packing heat and will lay down vigilante justice at your discretion. Here's the reality: The vast majority of you fools are wannabe mama's bois who are keyboard warriors and couldn't fight your way out of a tussle with the Olsen twins.
Bwhahahahahaha!!
Mocha, that is the most intelligent thing you have posted yet. Keep trying, pretty soon you will come up with something that you can show your teacher to allow you to go on to high school.
Not that there is any reason to believe Jose Baez is a credible authority on anything, but he did fail to mention the fact that - although the Anthony trial was held in Orlando - the jury was brought in from somewhere else. And I don't think there would be any problem using the Anthony trial as a precedent for the judge to order the identity of the jurors to be withheld indefinitely. The ones who had a problem were probably the ones who came out looking for their proverbial 15 minutes...and found a little more.
Trayvon's Thug life will be brought to light in court. His past and his comments on face book and twitter will become public knowledge and a new light will shine on the attitude Trayvon possessed.
The media and race baiters have another Duke scandal on their hands. Jumping to conclusions are what they are best at.
I'd like to see a life size cardboard cutout of your wife - all 280 lbs of her.
Guess someone has to bang 'em.