Day: July 17, 2013
Justice Department To Sift Through Evidence In Zimmerman Case, Look For Potential Racial Motive
July 16, 2013
MIAMI — The Justice Department will sift through trial testimony, interviews and other evidence during what is likely to be a months-long investigation into whether George Zimmerman violated Trayvon Martin’s civil rights when he shot the black teenager.
The key to charging Zimmerman, a former neighborhood watch volunteer, lies in whether evidence exists that he was motivated by racial animosity to kill Martin, who was 17 when he was shot during a fight with Zimmerman in February 2012. And while Martin’s family has said the teen was racially profiled, no evidence surfaced during the state trial that Zimmerman had a racial bias.
Former Miami federal prosecutor David S. Weinstein says it will likely be months before a decision is made on whether to bring charges.
Zimmerman, 29, was acquitted of second-degree murder and manslaughter charges after claiming he fired his weapon in self-defense only after Martin attacked him. His friends and family have repeatedly denied he harbored racial animosity toward blacks. Florida did not use its own hate crime laws against Zimmerman.
Legal experts say the FBI and prosecutors will go back through the interviews done before the state case began; look at all the forensics such as crime scene records and medical reports; and review the state’s witnesses to see if any who did not testify might have important information.
However, investigators are not limited to existing evidence; they can pursue new evidence and conduct new interviews as they see fit. For instance, federal investigators could look more closely at Zimmerman’s past for any evidence of racial bias.
“They are going to need to do a thorough vetting of the facts. It takes time,” said Lauren Resnick, a former prosecutor who obtained a guilty verdict in a 1991 New York hate crime case involving the stabbing death of an Orthodox Jew. Those defendants had been acquitted in state court.
In a speech Tuesday to an NAACP convention in Orlando, Attorney General Eric Holder said “I am concerned” about the Zimmerman case and pledged the Justice Department will conduct a thorough review.
“While that inquiry is ongoing, I can promise that the Department of Justice will consider all available information before determining what action to take,” he said.
The lone juror in the case who has spoken publicly – known only as Juror B37 because their identities have not been released – said Monday that she did not believe Zimmerman followed Martin because the teen was black.
Still, supporters of the Justice Department filing civil rights charges say additional evidence could exist in the federal investigation that didn’t come up in the state prosecution of Zimmerman, possibly even witnesses who have not previously been interviewed or did not come up in the state case.
“They have a separate set of evidence they’re looking at,” said Barbara Arnwine, president and executive director of the Lawyers Committee for Civil Rights Under Law. “They might have additional witnesses that were never called upon by the state. I think they will make the best decision that is possible in this case and they will pursue what they think is legally possible.”
Several civil rights groups, including the NAACP, are demanding that the Justice Department bring federal charges against Zimmerman, and there have been numerous protests around the country about the outcome of the Florida trial.
During a news conference Tuesday, the Rev. Al Sharpton acknowledged there are hurdles. But he said there remains a fundamental question of “does Trayvon Martin and the Trayvon Martins of this country have the civil right to go home?”
He added: “… we have some experience on how to deal with hurdles and we see that as part of our strategy.”
Beyond the exact language of the law itself, the federal probe must navigate between sensitive racial and political issues that arose when Zimmerman initially wasn’t charged in Martin’s killing.
“Many people simply cannot process how an unarmed teenager is killed, and yet no one is held criminally accountable for his death,” said Marcellus McRae, a former federal prosecutor in Los Angeles.
Resnick said a federal jury would have to find beyond a reasonable doubt that Zimmerman had a racial motive when he began following Martin and that he did not act in self-defense when he fired his gun.
“There remains the serious challenge that prosecutors still have to prove the racial motive,” she said.
Zimmerman could get life in prison if charged and convicted under federal hate crime laws.
Generally, the Justice Department is reluctant to get involved in cases that have already been tried before a state jury, in part because of concerns about double jeopardy.
Perhaps the best-known example where federal prosecutors did intervene was the case of four police officers acquitted after a California state trial in the beating of motorist Rodney King, which triggered deadly riots in the Los Angeles area in 1992.
Two of the four officers were convicted in federal court of violating King’s rights, but that case differs from Zimmerman’s because they were acting as sworn law enforcement officials, not as a private citizen claiming self-defense.
In contrast, the Justice Department declined to prosecute New York Police Department officers after they were acquitted in the 2006 shootings of three men including Sean Bell, who was fatally wounded the morning of his planned wedding. The short Justice Department statement – issued in 2010, four years after the shooting – simply said there was insufficient evidence to proceed.
“Neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish a federal criminal civil rights violation,” the department said in the Bell case.
Associated Press writer Mike Schneider in Orlando and Shaquille Brewster in Washington contributed to this story.
Texas man executed for killing during 2002 hold up- Quintanilla EXECUTED 7:32pm
July 16, 2013
John Manuel Quintanilla received lethal injection for gunning down 60-year-old Victor Billings at a game room in Victoria, about 125 miles southwest of Houston. The 2002 slaying came just a few months after Quintanilla had been released from prison after serving a sentence for several burglary convictions.
Asked to make a final statement before his execution, Quintanilla told his wife he loved her.
“Thank you for all the years of happiness,” he said.
He never acknowledged his victim’s friends or relatives, including two daughters, who watched through a window.
As the lethal drug began taking effect, he snored about a half dozen times, then stopped breathing. At 7:32 p.m. CDT — 15 minutes after being given the drug — he was pronounced dead.
Quintanilla’s wife, a German national who married him by proxy while he was in prison, watched through an adjacent window and sobbed.
Quintanilla, 36, became the ninth Texas inmate to receive lethal injection this year and the 501st since the state resumed carrying out capital punishment in 1982. His was the first of two executions set for this week; the other is planned for Thursday.
Quintanilla’s punishment was carried out after the U.S. Supreme Court refused two last-day appeals.
His lawyers contended his confession was coerced by authorities threatening to also charge one of his sisters and that the statement improperly was allowed into evidence at his trial in 2004. The lawyers obtained affidavits from two jurors who said the confession was a key to their decision to convict him.
“It is clear that Quintanilla would not have been convicted of capital murder if his confession had not been admitted — a fact confirmed by two of his jurors,” appeals lawyer David Dow told the high court.
The appeal also argued Quintanilla had deficient legal help during his trial and in earlier stages of his appeals, and that his case would give justices the opportunity to define filing rules in light of recent death penalty rulings from the court.
The Texas attorney general’s office said the appeal was without merit and improperly filed, and that the juror affidavits also were improper.
“There wasn’t any coercion whatsoever,” Dexter Eaves, the former Victoria County district attorney who was lead prosecutor at the trial, recalled last week. He also said that while the robbers, who fled with about $2,000, were masked, witnesses were able to “describe very clearly who the triggerman was.”
Court records show Billings, a retired chief deputy from nearby Edna in adjacent Jackson County, was at the game center with his wife on the Sunday before Thanksgiving in 2002 when the gunmen came in through a back door. Billings approached one of them and grabbed the barrel of the gunman’s rifle “so no one else was going to be hurt and paid for it dearly,” Eaves said.
He said Billings was shot three times, the last one fired while he was on his knees.
“A very cold killing,” Eaves said.
During questioning by detectives for an unrelated robbery some two months later, Quintanilla made references to the still unsolved Billings case, then led authorities to a canal where divers recovered items used in the holdup.
“They had the mask, the guns and his statements saying who did what,” Jim Beeler, Quintanilla’s lead trial lawyer, said. “He told them everything.”
Beeler said the trial judge overruled his objections and ruled the statements proper and admissible into evidence. He also said Quintanilla signed affidavits ordering that his defense team present no mitigating evidence during the punishment phase of his trial, where jurors deciding his sentence could have considered he had virtually no parental supervision while growing up.
“You want to argue your case, completely and totally,” Beeler said. “In that situation, we’re not being allowed to present our case, based on our client.
“It’s extremely frustrating.”
Prosecutors bolstered their case for Quintanilla’s future dangerousness by presenting evidence he attacked a jailer with a homemade weapon while awaiting trial.
“He did not do himself any favors,” Eaves said.
Quintanilla’s accomplice, Jeffrey Bibb, 33, is serving 60 years for murder and 50 years for aggravated robbery.
On Thursday, another Texas inmate is set for lethal injection. Vaughn Ross, 41, is to be executed for a double slaying in Lubbock in 2001.