The Calm After the Storm

 I grew up in New Jersey. I still have a few relatives and many friends living there that I keep in touch with. Hurricane Sandy really concerned me, so, this morning, when I found out that everyone I know survived the mess safe and sound, I was quite relieved. Yes, there are massive power outages and downed trees all over the northeast, but no one I know was hurt. As of this writing, 89% of the population of Hunterdon County, where I was born and raised, is without electricity. Thank goodness for gas stoves, although not everyone has them.

Speaking of stoves, I spent eleven years in the restaurant business in the Garden State. I, quite literally, worked my way up from sweeping floors and dumping trash to, what my old boss once told me, becoming the best manager he ever had, and I did it in record time. I took great pride in that due to one thing; one person. I had the utmost respect for my boss, Jack Little, and I still do. He was the best boss a person could ever have and he helped raise me, whether he knew it or not. If I was his best manager, it was because of what he taught me as an employer, a father figure, and a decent and honest human being. It was the respect he showed others that was instilled in me. And from him, I learned how to be as cool as a cucumber under fire. Don’t panic! Think fast on your feet.

Inherent in any business, in order to be successful, is customer service. That’s the single most important factor, especially in a restaurant, where a customer wants to walk into a clean place, filled with smiling faces eager to serve you. It’s one of the cardinal rules of the service industry; service with a smile — and what you serve had better be just as good.

I was much younger then and it was not unusual for me to put in 80-hour workweeks; nominally, 60. I was quite sharp in those days, too. There was a time — I kid you not — that a series of events (call them major breakdowns) hit me all at once and I had to render split-second decisions. In the middle of a lunch rush, of all times, a deep fryer stopped working, a toilet overflowed, a customer complained that their order wasn’t prepared right, and two of the front counter girls decided it was the proper time to pick a fight with each other. Yup, in front of hungry customers, anxious to get their food and go back to work; customers who couldn’t care less about Debbie and Sue, nor their boneheaded boyfriends and who they flirted with.

From Jack, I learned how to work under pressure — how to deal with the daily events in the life of a restaurateur. Find ‘em and fix ‘em fast. He also taught me how to deal with people at all levels. After all, that’s what customer service really is, but it doesn’t stop there. It also includes the interaction between employees. How can a business run smoothly if there are underlying problems?

On that particular day, I called each girl to the back room, one at a time. By taking them out of the argument, I accomplished the first thing; they couldn’t fight. I told them that if I heard another word, I would fire them on the spot and handle the lunch rush without them. I had other boys and girls working at the time and we’d just have to work harder. Most importantly, they would be out of a job and I stressed that a thousand other kids were banging at my back door begging for work. Yes, they were kids.

“But, but, but,” they tried to explain in their whiny voices, “Debbie did this” and “Sue did that” and each boyfriend was somehow involved. I didn’t want to hear about it. 

“Yeah, yeah, yeah,” I said, “but this is not the time or place. Customers don’t want to listen to your petty fights, do they?”

Basically, all it took was a minute to talk to each of them alone and things quickly settled down. I had learned a long time ago not to take sides, too. That was most important. NEVER TAKE SIDES because, in the end, I would be the only loser. And darned if it wasn’t the truth. After the lunch rush was over and things got cleaned up, wouldn’t you just know those two girls had already patched things up? There they were, taking their lunch break together, sitting at one of the tables and laughing up a storm. It was as if nothing ever happened. Had I taken sides, I would have been the real bonehead and worthy of the title.

§

Since those days, I don’t know what happened. I left the restaurant business in the early 80s. Today, at 60, I’m no longer interested in running a business, nor am I healthy enough to open one, but, somehow, I seemed to have lost that touch. While I still know a thing or two about customer service, something is amok on my blog and only I am to blame for not keeping it under control. No one else. Understandably, I must grab the bull by the horns. Right now.

As with any business that deals with the public, it’s the meet and greet people who make your business successful. While management works diligently behind the scenes, it’s the front counter people that make and break a business. While I was all about hands-on management, I couldn’t do it all. No one can.

I understood, and still do, that I could serve the best hamburger in the business, but all it would have taken was a couple of employees to throw it all away; not by being mean to customers, but by what the customers saw and heard coming from the front counter. If I walked in off the street, I wouldn’t care if you’ve got the best burger on the planet. By running a sloppy ship, I would wonder if your kitchen was just as messy, and I seriously doubt I’d want to come back, let alone order anything. Do you wash your hands?

While no one on my blog is an employee and readers are not customers, please remember that half of Marinade Dave is what I write and the other half is what commenters have to say. That’s the entire menu – the recipe for success and it’s the beauty of blogging. Failure is not an option.

I realize that tomorrow is Halloween, but coming here should not be a frightening experience. I want more readers! I want more comments! I don’t want people to be afraid of anything. While I would never expect everyone to agree with one another, let alone what I write, hiding behind the mask of anonymity does not give anyone a right to be uncivil. Be nice to each other. I realize that many years of writing comments about the Casey Anthony case (and now this one) has hardened us. Today is the day to wipe our slates clean! At least, on this blog, because it’s all that’s left to do. Please believe me when I say this…

Marinade Dave is not the name of a hurricane and now is the time for calm after the storm. I refuse to write if it ends in a fight. We are a team and that means all of us!

A Facebook Face-Off?

I don’t think there’s a person in the world that doesn’t know a big election has been brewing in the United States. Perhaps there’s a handful who don’t know, but that’s not my point. What we have is a voting population that’s very split on the two presidential candidates, Barack Obama and Mitt Romney. Republicans and Democrats alike are extremely adamant about their man to a fault. Obama has the right ideas! No, Romney is best! It’s a real lesson in American civics; a true look into the theoretical and practical aspects of our citizenship. Each side is right, of course, and their constituents are convinced of it. The other side is dead wrong. That’s the problem with people. We tend to only see virtue in our candidate and vice in the other. 

If we look into the George Zimmerman/Trayvon Martin tragedy, it seems as if civilized society is divided the same way, like the parting of the Red Sea, and depending on which side of the fence we’re on, our guy was the victim. The other guy started it. As in politics, it’s a mixed up, muddled up, shook up world; only this one reeks of racism, gun rights and a sense of morality that’s unique to each of us. And as sure as the upcoming election, the truth is not somewhere in the middle. Someone is going to prevail; someone is going to be right, whether it’s the truth or not.

§

I arrived at the courthouse about a half-hour or so early on Friday. As I approached the entrance, an SUV with tinted windows was parked nearby and the media were standing close enough (with microphones and cameras in hand) in hopes that George Zimmerman would emerge. I glanced but continued to walk. Once inside, I passed through security and began the standard ritual of putting my belt back on and putting all my stuff back in the correct pockets. That’s when I looked up and, there, within inches, was George. As he walked by me, we looked into each other’s eyes, but it was for a mere second. As he continued to head toward the elevators, I turned and followed him with my eyes. My, my, I thought, George put on quite a few pounds.

Less than a minute later, I was ready to go up to the fifth floor courtroom. A local TV journalist accompanied me on the ride up. She asked if I had seen him. Yes, I responded, he just walked by me. She said he looked like he gained a hundred pounds! I figured he must be pretty lethargic these days, I told her; not being able to go anywhere for the most part. That, and all the pizza and Chinese takeout he probably eats. We both chuckled briefly, but then the door opened and we were ready for business.

Before you go into the courtroom, you must pass through another security check. Unlike the last hearing, this time we didn’t have to remove our belts and shoes — just what was inside our pockets. Moments later, I entered the double doors and took a seat near the back.

When court came to order, Judge Nelson got right down to business. I don’t want to give you a blow-by-blow account of what transpired during the next hour-and-a-half. After all, most of you watched it on TV, saw it on the news or, marginally, read about it on a Website. Right now, I’m more interested in the ramifications of some of the judge’s decisions. I will say that, from what I and most of you observed, Judge Nelson will be a perfect fit for this case. She’s quite adept and strict enough to keep both sides in check. No nonsense, in other words, but she’s not without a sense of humor, either, which is great for calming nerves and abating tense moments from legal disagreements.

I didn’t get the sense that any of the attorneys were all that familiar with her style. Certainly, with Bernie de la Rionda, I could understand, but Mark O’Mara and Donald West didn’t seem to feel right at home, either. One thing is clear, she will not allow her courtroom to veer off course one bit. When O’Mara and de la Rionda started to whine and snap at each other like yappy little dogs, she told them to heel, and heel they did. She wasn’t gentle, nor was she harsh. She just made it clear enough to let them know what she expects from them. It was exactly what I anticipated at the heat of the moment. She recognized how it could have easily gotten out of control and made an “adjustment.” West, on the other hand… he’s a pitbull, and even when the judge admonished him, he kept going. This guy has a chip on his shoulder and he makes O’Mara look like a saint, with de la Rionda somewhere in between. I am sure George would freak if West were working for the other side. Big Boi Don West.

§

With no fanfare or special order, here’s the way I saw the judge’s orders. She granted the State’s request for George’s medical records, but limited how much the prosecution would get. How much? O’Mara was willing to give them 30 days before the incident and 30 days after. However, he handed the court all documentation that was available to him. Judge Nelson said she would look at the logs and dates and decide what is appropriate based on privilege. Personally, I think the State should get everything, but it’s just my opinion.

I’m not going to bother with the phone call recording that Benjamin Crump turned over to the FBI. After a discussion, that one will be resolved, and most of the nitpicking issues over evidence will be cleared up, too, so I’m not going to write about them unless they become problematic down the road.

What was interesting was the motion filed by West asking for regularly scheduled hearings. In that motion, he also asked for a second judge; a senior judge to oversee docket soundings, but Judge Nelson never entertained the thought. I think, by that time, West knew better than to address it. She had pretty much made it clear at the docket hearing earlier in the week, which she reiterated, that her schedule would remain wide open for them, including weekends and holidays. She will do whatever it takes to move this case forward. 

This leads me to the meat of the hearing — Citing prior case law, the judge granted the defense motion seeking Trayvon’s Facebook and Twitter records. Since Zimmerman is mounting a self-defense claim, he has a right to see evidence that may support any aggressive and/or violent behavior by Trayvon. It will be tough, though, because they’ve got to go through Facebook and Twitter to get those records. Not an easy task.

Here’s where some of you may not agree with me. I think the defense has a right to see it and I will explain why. Just like in this heated election, we have a propensity to take sides. Not only do we take sides, we fervently believe our man is right and the other guy has got to lose. That’s all there is to it. Only it doesn’t work that way in a court of law. No matter how you feel, the way our system works, George is innocent until proven guilty. The law favors him, not Trayvon. Sad, but true. Florida law states:

90.404  Character evidence; when admissible.

(1)  CHARACTER EVIDENCE GENERALLY.—Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion, except:

(a)  Character of accused.—Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.

(b)  Character of victim.—

1.  Except as provided in s. 794.022, evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the trait; or

2.  Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.

(c)  Character of witness.—Evidence of the character of a witness, as provided in ss. 90.608-90.610.

O’Mara cited Dwyer v. State, 743 So. 2d 46, 48 (Fla. Dist. Ct. App. 5th Dist. 1999):

Generally, evidence of a victim’s character is inadmissible, but a defendant who alleges self-defense can show, through the testimony of another witness, that the alleged victim had a propensity for violence, thereby inferring that the alleged victim was the aggressor. Smith v. State, 606 So. 2d 641 (Fla. 1st DCA 1992); see also Ehrhardt, Florida Evidence § 404.6 (1999 ed.); Graham, Handbook of Florida Evidence § 404.1 (1987).

A defendant’s prior knowledge of the victim’s reputation for violence is irrelevant, because the evidence is offered to show the conduct of the victim, rather than the defendant’s state of mind. Ehrhardt. Accordingly, evidence of one of the victim’s reputation for violence was not prohibited by Dwyer’s lack of prior knowledge of that victim’s character traits. 

Here’s where I am rather confident, though. Let the defense have at it. When I was 15-years-old, I called out a kid in school. He never showed. There was no fight and nothing was reported. Suppose we did fight. Would that be enough to render me a violent youth? A “gangsta” in today’s world? Would Mr. O’Mara use that against me? You bet he would. But the point is, I never got close to a fight again in my life, and that kid I called out has been my best friend ever since. You’d better believe that Mr. de la Rionda would be quick to point that out, too.

O’Mara said that videos exist showing Martin’s involvement in MMA (mixed martial arts) fighting. I say, let him find them. Trayvon’s parents will counter that their son never took MMA lessons. O’Mara will tell the court that Trayvon boasted of beating up other kids. I will tell you right now that male children and young adults readily tell their peers how tough they are, but does that make it true? They will boast about their manhood and brag about prouesses sexuelles, outstanding abilities in bed and incredible lasting power, not to mention a long list of nameless conquests — nameless because they don’t exist. I know, because I heard them all growing up. So did O’Mara, and if he plans to use this sort of thing to trash Trayvon, it would be a real disgrace. It’s braggadocio, and everyone does it. Besides, it doesn’t prove a thing.

O’Mara was also granted power to subpoena the Facebook and Twitter accounts of Trayvon’s girlfriend because he’s convinced her online posts will contest the story she gave police about being so devastated by his death that she couldn’t attend his funeral. Like she got over him in record time. Judge Nelson told de la Rionda that he can contest this part of the ruling in writing if he wishes.

Let me tell you, I have a friend with a 15-year-old daughter and she flits around hourly. Friends come and go on a mere whim. Adults forget the mind of a teenager, when hormones rage. Besides, people mourn in their own way. Put the girl’s mother on the stand and see what she’s got to say. While O’Mara shreds the children, why not look at what the Zimmermans told each other about being rich and famous while he sat in jail. “It’s gonna be a great life!”

Did Trayvon’s death bring her a great life?

I will say this. If Trayvon was such a tough and violent gangsta, how come no one has come forward? So far, I haven’t heard a peep out of anyone he went to school with. I think the defense is going down a dangerous and slippery slope; one that could backfire if handled improperly. You’d better be able to prove what you say, Mr. O’Mara, or your name will be sliding down an ugly and vicious path.

One final thought… I wouldn’t put it past ANY defense attorney to make their client look sickly and weak in court, hoping that the judge takes pity. Just look at the poor, poor boy and what he’s been through. Instead, I hope the judge keeps Trayvon’s memory alive. He’ll never have an opportunity to get fat, and by the time O’Mara gets into his character assassination mode, Trayvon is going to be transformed right before your eyes and ears — from a momma’s boy into a horrible monster. Just remember, monsters aren’t real. George is.

 

Cross posted on the Daily Kos

October 19 Post-Hearing Photos

 Instead of spending my evening writing on the hearing that went on in the courtroom, I’ll publish some of the photographs I took. This will give me time to write my thoughts on the day’s events over the weekend. There were, obviously, some very interesting things that were argued over and decided in the courtroom. Judge Nelson is a fantastic judge. She’s stern, but fair, and she has a sense of humor. More on her later.

Click on photos to enlarge

In the next two photos, Robert Zimmerman, Jr. responds to a question posed by NBC national correspondent Kerry Sanders

Mark O’Mara during post-hearing press conference

WFTV’s legal analyst Bill Sheaffer and Zimmerman defense attorney Donald West

WFTV’s legal analyst Bill Sheaffer and Mark O’Mara

All Photos © David B. Knechel - ALL RIGHTS RESERVED

Nelson Acts Admirably - Sets Trial Date

The new judge in the George Zimmerman murder case, Debra S. Nelson, wasted no time when she set a June 10, 2013 trial date at a routinely scheduled docket sounding this morning. The hearing lasted a whole six minutes.

This ends months of speculation over whether it would follow in the footsteps of the Casey Anthony case, which took nearly three years to end; from her arrest in mid-July of 2008 on a first-degree murder charge to her being found not guilty on July 5, 2011.

According to the Orlando Sentinel, “Zimmerman attorney, Mark O’Mara, was noncommittal about when he’d be fully prepared.”

One of Zimmerman’s defense attorneys, Donald R. West, filed a motion on October 12 asking the new judge to consider assigning a senior judge to assist in the hearings.

MOTION TO SCHEDULE STANDING HEARINGS TO ADDRESS DISCOVERY AND OTHER CASE MANAGEMENT ISSUES OR IN THE ALTERNATIVE TO REQUEST ASSIGNMENT OF A SENIOR JUDGE TO MANAGE DISCOVERY

The motion cited several discovery problems to date:

Upon reviewing the discovery provided it became apparent that the state had failed to include information it had or should have had, or provided the information in a form that was useless for review by [defense] experts or investigators. The defense made specific oral, then written requests to the state to clarify or to produce this discovery.

It also includes other complaints, such as accusing the state of groveling over expert depositions and witness sketches, among other assorted frustrations and delays. While I can understand the frustrations, I fail to see why the problems couldn’t be handled by one fell sweep. In other words, the judge could issue a stern warning that both sides (to be judicially fair) produce discovery in a timely and organized manner. Why the motion goes beyond that by suggesting the “Appointment of a Senior Judge to Handle Discovery Matters Including Problems that Arise During Depositions” is beyond me.

It’s almost as if the defense is hinting that Judge Nelson might not be qualified to handle the whole case. Why?

Remember, Zimmerman waived his right to a speedy trial and the wheels of justice turn slowly, and at this morning’s hearing, O’Mara flatly stated that he had no idea whether he’d be ready by June 10 or not, so why is there a hurry now, and is the defense sending mixed signals?

This Court has a heavy docket, it may be weeks before the Court can schedule sufficient hearing time to address the many issues that have already arisen and will most certainly arise as the discovery phase of the case continues. In order to promote an orderly progression of the case toward a realistic trial date, promote an economy of resources and avoid delay and disruption of this Court’s docket it is suggested that the Court, at a minimum, schedule regular hearing time to address case issues. But, recognizing the heavy time demands this case will require, this Court is asked to consider requesting assignment of a senior judge to preside over discovery and related matters during the pretrial phase of the case.

Senior judges are retired judges, like O.H. Eaton, who serve on an on-call basis to assist in the absence of a judge, or to help one with a heavy docket. In this situation, Nelson wasn’t even given an opportunity to get her feet wet before this motion was filed. If I had gotten a letter like that, I’d dare say someone was blatantly questioning my competence before I had a chance to prove my worth. As a writer, I’d more than likely lambaste the person, but as a judge, I’d gracefully turn down the request and proceed on schedule. Judges, after all, are more thick-skinned than ordinary people like me.

In the quote from the motion, West wrote, “… promote an economy of resources…” I interpreted those words as meaning that regularly scheduled hearings and/or adding another judge to the case would save the county oodles of money. It really caught my attention, so I called the Chief of Court Services in Tallahassee. Is it cost effective to bring on a senior judge? No, right? Well…

Yes, it is.

Senior judges are paid a flat fee of $350, plus change, per day. That means you utilize a judge for the full 8 hours, if possible, which turns into a much more manageable $43.75 per hour. It would be foolish to have a judge show up for a 15 minute hearing because they would still earn $350.

Judge Nelson has two options. She can outright deny the request or she could take the motion into consideration. If she chooses the latter, it would set off a dynamic that would involve the administrative judge and the chief judge of the circuit. It would mean a mini-conference of sorts, moving up the circuit ladder directly above her. She wouldn’t be able to assign a new judge on her own, in other words, but she would be part of the decision-making process.

What I didn’t take into consideration with “… promote an economy of resources…” is that each circuit gets an allotment of senior judge days from the state. They are built into the fiscal budget, which runs from July 1 through June 30 of each year. If a circuit needs to go over that allotment, the state understands that courts are not going to make frivolous requests. There are checks and balances and formal mechanisms in place and the court would petition the chief justice for more days, so it’s not as if the taxpayer is going to be on the hook for wasted funds. There is also the option to have a magistrate handle some of the docket, but in most cases, they are limited, too, because of heavy workloads.

Nothing personal, but here’s the way I see it. If anything, this defense is responsible for a majority of the delays because of the motions filed to recuse two judges, including an appeal. This gave the defense time to square things with the state, and if these problems do exist, this is the matter that the defense should request the court address — not whether the judge can handle the docket. George Zimmerman already removed two judges and before the new one had a chance to sit on the bench, he questioned whether she is up to the job or not. Well, she is. At this morning’s hearing, she noted that she will be reassigned to the civil court in January, and that will free up her schedule and give her more time to continue with this case. Remember, Judge Strickland was in civil court when he was handed the Anthony case. There is nothing unusual about retaining cases.

Senior judges, for the most part, fill in when judges fall ill or a vacancy opens up. In the new judge’s case, it is neither. My questions are simple. What kind of message is George Zimmerman trying to send to the court? That he will never be happy no matter who sits on the bench? Or is he still gunning for one judge in particular? Either way, he’s out of options. Damn the torpedoes, Judge Nelson, full speed ahead. You are at the helm and George is downstream searching for a paddle.

 Cross posted on Daily Kos

NBC: Liable for Libel?

The very first thing that struck me as exceptionally odd in this George Zimmerman/Trayvon Martin fiasco came almost immediately after the news broke that he had shot a teenage boy dead. It had nothing to do with whether he or the victim were black, white, brown, yellow or red. It had nothing to do with color at all. It was simply the fact that he got out of his vehicle with a loaded gun. He knew as soon as he slammed the door shut that he was entering a very dangerous territory; one that immediately compromised his own common sense and sanity. Given what I know today, I feel the same way.

Forget the recording with the dispatcher for a moment. Initially, I paid little attention to it. Whether Trayvon attacked him first or not was not that important to me because, as far as I was concerned, Zimmerman knew exactly what he was capable of doing with that gun when he steadied himself and sidled into the unknown. No one walks with a gun without understanding the possible consequences, and that Kel-Tec PF9 pistol empowered him. It enabled him to play police officer, judge, jury and executioner with all of the bravado of Paul Kersey, and that’s precisely what he did. Paul Kersey was the character played by Charles Bronson in the Death Wish movie franchise. Take away the weapon and George Zimmerman would never have moved stealthily into the darkness, confronting a fictional fear that was as frightful as the shadow he cast on that dreary Sunday night. There was no real danger lurking about; it was created by his need and strong passion to become some kind of legendary hero that haunted his soul for years. He had to prove to himself and others just who he was. To that end, he succeeded, but at a huge loss.

Trayvon Martin was a nobody in the sense that none of us are, but you cannot put a price tag on life. He was a typical teenager who would have spent his teen years in obscurity, like most other boys and girls his age — listening to the songs from Mac Miller’s Blue Slide Park and kickin’ to the rhythmic beats of Akon. His world was different from ours as adults and unless we are in step with the minds of today’s youth, we just don’t get it. Right on and out of sight were as out of sync to him as lunchin’ and tizzle are to us. Certainly, when Zimmerman was lunchin’ that night, Trayvon was in a tizzle. (See: Hip Hop Slang.)

Because of what George Zimmerman did on the night of February 26, Trayvon is classified as either a martyr or a gangsta, when all that really matters is that he should have been left the hell alone. Because of Zimmerman, this child will never walk in his father’s footsteps. He will never become what he aspired to be, whether his mind was made up or not. After all, he was still quite young. He was at an age when aspirations are supposed to run wild. Sadly, he was snuffed out by a thief in the night, whose only screams were for power and glory.

§

My thoughts on this matter have nothing to do with NBC or any other media organization. I think on my own two feet, thank you, and if racism ever crossed my mind because the victim was African-American and the perpetrator was not, I never jumped to that conclusion. Most certainly, had I, it would NOT have been because of something that appeared on the Today show. I’ve learned, like most people, that you cannot trust any one news source. Where the Wall Street Journal runs on the conservative side, for instance, the New York Times is at the opposite end of the spectrum; and since the advent of reporting on newsworthy events, from thousands of years ago, opinions have been an integral part. It’s the nature of the beast. Who remembers the tears flowing from Walter Cronkite’s eyes as he announced the death of JFK on live television? Who could possibly be neutral on the day the Twin Towers fell? As objective as media are supposed to be, they are not, and the only advice I can proffer is to consider all options; listen to every side, considering that all sources are multi-faceted and not always reliable. Remember when WFTV reported that George and Cindy Anthony inked a book deal with Simon and Schuster? Did you ever read that book? Was the story ever rescinded?

This leads me to whether or not NBC should be held accountable for a story that skewed the events of the night of February 26. Quietly, I will tell you that skews and news are pretty much interchangeable these days, but in this case, the report that originated at an NBC affiliate station in Miami, WTVJ, before it aired on the Today show, ran perpendicular to the actual event, where Zimmerman purportedly said:

“This guy looks like he’s up to no good. He looks black.”

The New York Post reported a slightly different version on the NBC coverage:

“This guy looks like he’s up to no good or on drugs or something. He’s got his hand in his waistband. And he’s a black male.”

The actual transcript of the conversation between Zimmerman and the Seminole County emergency dispatcher clarified the error. Zimmerman did not say it like it was reported:

Zimmerman: This guy looks like he’s up to no good. Or he’s on drugs or something. It’s raining and he’s just walking around, looking about.

Dispatcher: OK, and this guy — is he black, white or Hispanic?

Zimmerman: He looks black.

I will agree that the televised segment made George Zimmerman look like a racist because it appeared that he pointed out Trayvon’s color without being prompted, and that’s simply not true. However, does it rise to the level that warrants a lawsuit and monetary settlement? 

I’m not here to defend Zimmerman, but I’m not going to condemn him, either; certainly not on this one. Why? Because I have experience in this field and I can genuinely empathize with him. NBC clearly did him an injustice. The network does, however, have more going for it than meets the press, so to speak. For one thing, did George Zimmerman have a “good” name at the time of the report? While the incident happened over three weeks prior, the news of the event actually broke over a week before the NBC story aired. By then, Zimmerman’s name was already festering, and rumors of racism had already abounded.

§

Many of you are aware of what happened to me during the Casey Anthony case — that I was attacked ferociously and voraciously by a fringe element that labeled me as gay, with AIDS, an alcoholic with DUI convictions, and a convicted felon. Convicted of what felonies, I do not know, but the list didn’t end there, nor did it end with me. My friends and family were insulted and accused of crimes, as well. Names and addresses were published. Online documents, such as tax records, were altered. My parents were supposedly card carrying gay communists with AIDS. Several of my e-mail accounts were hacked. I saw counterfeit documents with my own eyes, so I completely understand why Trayvon’s family shut down his social sites.

I went to the police with what I thought was hardcore evidence on my computer. Granted, it’s not easy to identify creeps that call themselves “DEAD DAVE” and other anonymous names, but they can be found. That’s what computer crimes units are for. While it went nowhere, I also contacted a defamation attorney who helped me tremendously. Ultimately, between the two resources, I gathered comprehensive knowledge of what constitutes libel and what can legally be done about it.

First of all, here’s a quick primer. If it is written, it’s libel. If it is spoken, it’s slander. Both are considered defamation. In NBC’s case, it could be all of the above because it was seen, read, and heard. The problem is, it’s tough to prove and the laws in the United States make it a very difficult nut to crack.

In my case, there was a genuine malicious design. The objective of those people was to destroy me, physically and emotionally. They wanted me dead and said so. That’s what trolls do. In NBC’s case, there was no such intent. Was there bias? Yes. Or maybe no. It depends on which side of the fence you’re on. The media are supposed to remain truthful, but we know that, in today’s world, it’s far from reality; where even reality shows are well-choreographed. While Zimmerman’s supporters will tell you NBC’s report was so slanted against him it was sickening, Trayvon’s people will tell you the complete opposite. NBC will tell you it was a matter of time constraints — editing a story to fit in a defined time slot.

While my trolls wanted me dead, I had no direct threats. No one said they were going to kill me and without any real menace, veiled or otherwise, law enforcement was powerless to act. That’s when I decided to contact a defamation attorney. While I had no money to mount any sort of lawsuit, the attorney did tell me he would freely advise me if I found a local attorney to take on my case. I never did pursue that venue, but he continued to help. One of the key aspects of proving libel deals with search engine standings. A lot hinges on how search terms stack up in the hierarchy, and engines differ in their results. If you do a search for “marinade dave”, how long do you have to scroll before something nefarious shows up? The higher the defamation in the pecking order, the more of a case you may have. Still, in my situation, I couldn’t go after any one person or even a group because no such entity existed. There was no structured organization; no corporation and no headquarters. In Zimmerman’s case, there’s NBC.

So what does Zimmerman have stacked in his favor? Not much, really. When the news broke, he automatically became a public figure. Actually, it began the moment he squeezed the trigger, whether he knew it or not, and just because it wasn’t reported right away, which it was, locally, he was no longer a private citizen. While I was merely a bit player in the Casey Anthony case, he became the star attraction; the center ring in a vast media circus. While media outlets could have looked at me as a culprit in my situation, they chose not to. In Zimmerman’s case, he is either guilty or he’s not, and there’s no in between. I think we’ve already established that the media is not always fair and impartial, and to be frank, there’s no law that forces them to be.

According to The Florida Bar, the “mere fact that a person does not like the way an article portrays him does not entitle him to damages. Rather, a defamatory communication, in its classic definition, is one that tends to hold a person up to hatred, contempt, or ridicule or causes him to be shunned or avoided by others.”

If people are shunning Zimmerman, could it be because of his own doing, not NBC’s?

In Florida law, there’s also the element of substantial proof: 

While “truth is a defense” to a claim of defamation, Florida common law has taken that notion slightly further by permitting publishers of allegedly false statements to show those statements are “substantially true” or that portions that are untrue are so insignificant that a typical reader neither would realize the difference nor draw a different conclusion about the plaintiff if the false statements had not been included. In determining, then, whether an article is libelous, Florida courts review the article as if the allegedly false statements had been omitted. If the article purged of the error would not affect the mind of the reader differently, the article is not libelous. This test allows a defendant to demonstrate the general truth of the report, even though some portions may contain inaccuracies.

If we remove the NBC report from what we know to date, would it change our minds about George Zimmerman? Did the report motivate anyone (or enough people) to turn against him by altering their opinion (at that time) regarding whether or not he was a racist, and what kind of adverse effect  could it have on his future? Who or what is more to blame, NBC or George himself?

It’s very difficult to prove libel. It’s very expensive, too. Who or what is prompting the defense (or George) to file a suit? Robert, Jr.? Where will the money come from? Because this would be a civil matter, how would his criminal defense attorneys fit into the equation? Zimmerman would be up against a huge corporation, so, unless he is hoping for a quick out of court settlement, what kind of risk is he willing to take considering his odds of winning or losing?

I understand that this situation is far removed from what I went through, but in the case of media, there are issues concerning time constraints that would work in their favor. I question how difficult it would be to prove that the network set out to destroy George Zimmerman’s reputation. One other thing to take into consideration is the competitive nature of an industry where advertising revenue is based on ratings. Scoops are what count. Yes, news outlets should strive for the truth, but tell me honestly, aren’t shocking stories what we really want ? Aren’t they called headlines?

I have one more question that I’d like to address, and this one goes to George Zimmerman’s most ardent supporters. It deals with the goose and the gander. If NBC should be held responsible for destroying his “good” name, who should be held accountable for the horrible smear campaign against Trayvon Martin? What Website(s) wrote: “TRAYVON MARTIN WAS A DRUG DEALER” and “A YEAR OF DRUG USE CULMINATES IN PREDICTABLE VIOLENCE…” with nothing to legally substantiate the claims? Do they fit the description of defamation?

Incidentally, George Zimmerman was on drugs, and that’s the truth. You can’t sue me. Whether he took them that day is something else, but why not try Googling “trayvon martin was a drug dealer” and see what you get on the first page? Hmm… Could that be a lawsuit just waiting to happen?

Cross posted on the Daily Kos

Family Response To Motion for School Records and Social Media and Why Trayvon's Facebook Page and Twitter was taken down after his Death

From Benjamin Crump, attorney for Trayvon Martin’s parents:

“Trayvon’s parents maintain that his school records and Facebook page are completely irrelevant to George Zimmerman’s decision to get out of his car to profile, pursue, and shoot their son in the heart on February 26, 2012.  How does George Zimmerman’s review of Trayvon Martin’s high school and middle school records and Facebook page bear any relevance to Zimmerman’s decision to pull the trigger and kill a seventeen year old child?  Is this going to be a new legal standard we are setting- for a murderer to review the school records and Facebook page of his teenage victim to determine whether or not he should have killed him?

 

“After Trayvon’s death, there was a small group of hateful and racist people, who attempted to destroy his legacy, reputation, and image.  These people hacked this dead youth’s social media accounts, his email account, and stooped as low as to plaster the internet with photoshopped and fake images purporting to be Trayvon. On the advice of counsel, and with the intent to preserve Trayvon’s public reputation, Trayvon Martin’s parents deactivated all of his electronic accounts.”

Lucy

I lost my little girl tonight. She had a great life, though. I think she was 19.

Suburban Drive - Four Years After

Suburban Drive is not far from Orlando International Airport, so as I left the Gun Rights Policy Conference early Saturday evening, heading for home, I decided to take a peek at where Caylee Anthony’s remains were found. What does it look like today? It’s been over four years since that steamy night in mid-June of 2008, when her tiny body and personal effects were thrown into those woods like a bag of trash.

What I expected to find was something akin to what it looked like back then, dumped beneath a tree in kudzu infested woods, a mere 19’ 8” from the curb. From all of my trips to the site, I never sensed the spirit of Caylee, but I was aware of all sorts of vermin, like snakes, that call the place home. I never wanted to go near it at night because of what may be lurking about.

What I saw Saturday was pretty much what I expected. Soon after law enforcement, anthropologists and forensic teams moved in on December 11, the day she was found by Orange County water utility meter reader Roy Kronk, the place was rendered as bald as the top of my head, as if an exfoliant like Agent Orange had been sprayed throughout. I knew the place would take a number of years to spring back to life and I didn’t expect it to ever look quite like it did that fateful day, before investigators began their work. Mother Nature has taken back what is hers, and for six short months, Mother Nature was more of a mother than Caylee ever had.

To anyone who questions whether she was purposely killed, I will tell you what I heard from prosecutor Jeff Ashton on more than one occasion — you don’t make an accident look like a murder.

You don’t throw a precious little girl into dark and murky woods, either; dead or alive. 

Caylee Marie Anthony. Born 8/9/05. Found at 8905 Suburban Drive.

—

To the right of the cross is a tree wrapped in kudzu (Photo 4.) At its base was where Caylee’s skull and personal effects were found, along with other bones. The rest of her skeletal remains were scattered over a half-mile area.

Click photos to enlarge