By Jonathan Marks
Monday’s New York Times editorial on the case of Trayvon Martin and George Zimmerman is a sorry piece of work.
The editorial board says that the case is all about race: “ask any black man, up to and including President Obama, and he will tell you a few stories that sound eerily like what happened that rainy winter night in Sanford, Fla.”
I have no reason to doubt that most black men in America have a true story to tell about being unjustly suspected of wrongdoing. But the story of race in America has never cast Hispanics like George Zimmerman in a leading role. And we still don’t know what happened that night. My guess is that the stories to which the Times refers foreclose the possibility that the storyteller knocked down the unjustly suspicious person and slammed his head repeatedly into the concrete. Yet the prosecutors never came close to discrediting that part of Zimmerman’s story, much less proving beyond a reasonable doubt that Zimmerman committed second degree murder or manslaughter.
From the beginning, politicians have attempted to turn State of Florida v. Zimmerman into an advertisement. The Times has now joined in. The case proves that it was “sanguine” of the Supreme Court to say that things have changed dramatically in America since 1965. Shelby v. Holder may be open to criticism, but is the Times really on record as proposing that race relations have not changed dramatically since 1965? And are they really on record proposing George Zimmerman as an exemplar of Southern white racism?
The Times, like the rest of us, does not know much about George Zimmerman. But the editorial board feels free to discount the testimony of neighbors and its own story on the FBI’s “wide-ranging investigation,” which “found a man not prone to violence or prejudice and who moved easily between racial and ethnic groups - a ‘decent guy,’ ‘a good human being.’” Never mind all that. What is “most frightening is that there are many people with guns who are like George Zimmerman” (my emphasis). And of course, the “Justice Department is right to continue its investigation into whether George Zimmerman may still be prosecuted under federal civil rights laws.”
And like many commentators, the Times insists on treating the case as an indictment of Florida’s Stand Your Ground law, even though the defense did not invoke it during the trial. To repeat, the prosecution was never able to cast serious doubt on Zimmerman’s contention that, at the time of the shooting, he was pinned to the ground and had had his head slammed into the ground repeatedly. Under such circumstances, there is no state in the union in which there is a “duty to retreat.”
The prosecution was more successful casting doubt on Zimmerman’s denial that he set out to follow Martin that night. But even if it could be shown beyond a reasonable doubt that Zimmerman followed Martin, the rest of the story, in which Martin becomes the aggressor, breaks Zimmerman’s nose, bashes his head into the concrete, and reaches for Zimmerman’s gun, would be sufficient to make out a case for self-defense not just in Florida but in any state.
That is not to say that Zimmerman’s story is true, that every jury would have acquitted Zimmerman, that it is as hard to prove self-defense in Florida as it is elsewhere, or that Zimmerman bears no responsibility for Martin’s death. But it is disingenuous to make State of Florida v. Zimmerman a commentary on recent Supreme Court decisions or on gun control. The Times even says that what may well have been a case of justified self-defense “should be as troubling as . . . mass killings” like Columbine and Sandy Hook. While I understand that day-to-day killings and policies to prevent them deserve as much or more attention than rare mass murders receive, the Times has no way of knowing whether it was fortunate or unfortunate that Zimmerman was armed.
Now that the case is over, Benjamin Crump, a lawyer for the Martin family, compares Martin’s case to that of Medgar Evers, a civil rights activist deliberately shot in the back outside his home by a member of a White Citizen’s Council. While no one expects the Martin family to accept George Zimmerman’s acquittal, it is up to observers like the New York Times editorial board to attend to the cases that the defense and prosecution put on, to take account of how little we know about what happened between George Zimmerman and Trayvon Martin, and to resist the urge to turn the living or the dead into cartoon heroes and villains in a story about civil rights.
Source: COMMENTARY MAGAZINE