Mark O'Mara's Speech at the Gun Rights Convention

I think I’ll pretty much just let this speak for itself. Bear in mind that  the video does go in and out of focus, so you may get aggravated occasionally. Maybe not. The sound is intact, and that’s the main thing.

I have two more speeches that were introductions to this one, by attorneys Eric Friday and Jon Gutmacher, but they are giving me some problems. I know this is the one you want to see the most, though. However, I do feel it’s important to bring you the other ones, and when (and if) I can fix them, I’ll present them here and on YouTube.

I hope this video generates great discourse. I must say that, while sitting in the room with him, he does give a good speech. At least, I think so, but you can see for yourself…

Also posted at the Daily Kos

Shooting Pix at a Gun Conference

If I am going to continue writing about the Trayvon Martin/George Zimmerman case, I need to learn as much as possible about guns and carrying concealed weapons. Last night, I went to the Hyatt Regency Orlando, Florida, Airport to register for the 27th Annual Gun Rights Policy Conference that runs through Sunday. Today, Mark O’Mara will be one of the guest speakers.

I must say I had some very interesting conversations and met quite a few people, which I will report on in a future article. One was with an attorney who went through — and is still going through — a SYG nightmare with a 22-year-old client. I will dedicate an article exclusively to this case.

Meanwhile, please take a look at a few of the pictures I took last night at the conference. Today, there will be many more, I’m sure.

The first one is looking toward the hotel from inside the airport terminal.

Where I've been

I need to answer some comments, but I’ve just been busy working on different things lately and I’m sorry.

One of those things deals with this blog. It’s built on the Squarespace 5 platform. There is now a version 6 and it’s a totally different beast. I’ve been experimenting with it. I’ve tried playing around with different templates and I can’t seem to duplicate this design, which I do like.

Take a look at it. I can match up all of the text colors, so that’s not a problem other than taking a lot of time. Speaking of which, I am paying for that one while maintaining this one. That’s why I’ve been pressing myself there. Getting nowhere, basically. I will, but please hang in with me. I’m headstrong and once I put my mind to something, I keep at it. 

Pay particular attention to the comments. Although I haven’t adjusted the colors, look what happens when you hover your cursor over the name of the commenter. Three little circles appear on the right side. The far right one is to directly respond to that particular person, which will improve comments tremendously. 

Anyway, the link is HERE. Please refrain from commenting there because it’s not an active blog yet; not in the sense that I want it to be. If I can’t match this one, I’ll scrap that one. If only I could bring the commenting format over here…

Thanks for being patient and concerned. 

Cindy Anthony's Mother Passes

  From the Orlando Sentinel:

Shirley Marie Plesea

PLESEA, SHIRLEY MARIE, 85 of Mt. Dora, passed away Thursday September 6, 2012, after enduring metastatic breast cancer. Born Shirley Marie Giddings, a native of Warren, OH, she and her surviving husband of 66 years, Alexander retired to Florida in 1989. She leaves behind three sons, Daniel of Fort Meyers, Gary of Port St. Lucie, Rick of Murfreesboro, TN; a daughter Cynthia Anthony of Orlando; five grandchildren; and her sister Mary Lou Lillicotch of VA. She is preceded by her mother Velma Lucille Giddings; her brother Robert Giddings; her sister Anne Markle; and her great granddaughter Caylee Marie. Shirley was a devoted wife, loving mother and grandmother, a cherished sister and friend. She will be sadly missed. In lieu of flowers, the family is requesting a donation be made in her memory to Susan G. Koman for the Cure. Donations can be made online or mailed to:

Susan G. Koman

Attention Donor Services

PO Box 650309

Dallas TX 752650309

To everyone who followed the Casey Anthony case, we all had a soft spot in our hearts for Shirley. At this time, I would like to extend my condolences to her entire family. Take comfort in knowing that she is holding on to Caylee Marie.

Holstering a Lie

 

Frantically, White-Hispanic Man fought for his life, screaming, kicking and shimmying, as the mighty monster, Big Black Gangsta Boy, grabbed the gun from its holster, nestled along the right backside of our legendary hero, George ZZZIMMERMAN. Tossing and turning they went, as Trayvon Martin, gripping George’s head with both hands, smashed it over and over and over against the sidewalk pavement, in what must have been at least one-hundred times. CRACK! CRACK! CRACK! People on-scene heard the muted sounds of breaking eggs. Trayvon was better than the best Ninja fighter, everyone later described, as he took his third and fourth hands and covered George’s nose and mouth. Good thing he was still able to blow those desperate cries for help out his rear end. Better yet that, as Trayvon held onto George’s arms with his fifth and sixth hands while grappling for the deadly gun with his seventh, super-duper ZZZimmerman was able to break his arms free from the gangsta’s vice-like grasp and pry the gun away in the nick of time, single-handedly taking precise aim and firing it directly into our enemy’s rapidly beating heart. POP!

Yes, God was on our mighty hero’s side that night because, Trayvon, who stood 5-feet taller and 300 lbs. heavier than the demure, yet pudgy George, ended up losing the war after knocking the man 40-feet south with one single blow. KAPOW! Through the air ZZZimmerman went, in the opposite direction, too, as the young teenage Trayvon, with one giant leap, landed viciously on top of his stunned target, like a lion lands on its prey.

HA! HA! HA! PFFFT…

That’s the way some people like to describe the way it happened, but in reality, it didn’t. As a matter of fact, I believe the gun’s recoil hit George in the face, not Trayvon’s fist, but speaking of blows…

In a huge blow to the defense, forensic tests made public today show that Trayvon’s DNA WAS NOT found on George’s gun. The only DNA that could be identified was George’s. That means Trayvon NEVER touched the gun. PERIOD. Or you can buy into the Zimmerman spin on it, I’m sure, and excuse it this way: Just because it’s not on the gun means nothing. George’s super-clean DNA wiped off dirty Trayvon’s. George’s is much more powerful. Besides, Trayvon was just “going” for the gun. George stopped him from ever touching it. Our hero! End of story.

Sure.

Just remember that, in a court of law, evidence that’s not evidence is no evidence at all. That means the DNA found on the gun is real evidence. George’s DNA. The DNA that wasn’t, isn’t. Get it? The lack of Trayvon’s DNA on the gun will do nothing to help the defense. It may, however, be argued earnestly on pro-Zimmerman blogs and forums, but that’s it. Call it damage control. My advice is to ignore them. The Florida Department of Law Enforcement tested samples from the gun’s grip. Just George. No one else, and with more tests performed on other parts of the gun and holster, technicians were only able to positively identify that he had control of it. Was George too fast on the draw for Trayvon to try to defend himself?

Does that mean Trayvon never fought for the gun? Does anyone really believe he had a seventh hand? How about a third?

I rest my case.

Links:

Case Part 5: Gorgone FDLE Complete Report

FDLE Reports R

GZ State’s 7th Supplemental Discovery (Redacted)

Cross-Posted at Daily Kos

The Labors of Social Ostracization

IT’S ALIVE! IT’S ALIVE! IT’S ALIVE!

“Osterman’s book and TV spot, although well-intentioned, are ill-timed and done without input and NOT approved by the defense.”

So said a recent @gzlegalcase Tweet from the George Zimmerman Legal Case website in response to the release of Mark & Sondra Osterman’s book, Defending our Friend: the Most Hated Man in America. Mark and his wife are the Zimmermans’ closest friends. Mark considers George his brother. It’s much more than just a mere bromance. From Dr. Phil’s interview:

“George had pure ideals, a nobility of character that I admired. I kind of wanted to be like him,” Mark says. “When I first heard that George had shot someone else, I was extremely shocked. I know that it would have been the absolute last resort.”

I sense a rather strange relationship between Mark O’Mara and his client. I’m certain that the attorney begged his ticket to fame and fortune to refrain from going on The Sean Hannity Show to spill the latest version of his face-to-face with Trayvon Martin. I think Osterman, Zimmerman’s own personal zenmeister, coaxed his li’l grasshopper to take to the airways. Unfortunately, that particular outing did absolutely nothing to enhance his credibility, but I suspect it was God’s plan all along to show the world exactly what made this grasshopper hop. In that regard, Osterman succeeded, and so did God, I guess, because li’l grasshopper ended up winning the hearts of no one. But don’t tell the Ostermans.

That’s why I am inclined to believe that this new book revelation came with George and Shellie’s blessings. Another shot. Any opportunity li’l grasshopper has to expose his name to glaring lights and stardom, he’s all for it. Cha-cha-ching! After all, he took this shooting as his ticket to paradise, as he and his wife alluded to in a taped phone conversation during his initial incarceration at the Seminole County jail, as the money kept rolling in:

“After this is all over, you’re going to be able to just have a great life,” Shellie said.

“We will,” George replied. “I’m excited.”

“Yeah, you should be. You should be excited,” Shellie said. “I wish you were here, of course.”

“I will be,” he said.

“Isn’t it crazy how something like this just makes you put everything in perspective in life?” Shellie said. “It’s amazing how insignificant the things we stress out over are.”

“I agree,” he replied.

Imagine that. They both agreed that the shooting death of Trayvon Martin was so insignificant, it was nothing to “stress out” over. Why, even the second-degree murder charge was nothing but a farce, and this is a complete contradiction of what Osterman told Dr. Phil. Oh, how George cried and cried. What this illustrates to me is that Zimmerman looked up to Osterman as his iconic mentor; the man who would justify his need to be a top cop. While I’m never going to infer that the 28-year-old set out to shoot anyone that night, he had convinced himself that it was a right thing to do given the right circumstances. He was trained. It was pumped into him and he was primed. What better way than to set those circumstances up the right way? His way. This would make him Osterman’s equal. Yes, this was God’s plan; this was his destiny. Osterman would be proud. And in the end, he was.

While I could ostracize the air marshal, I won’t. He has no idea what kind of Frankenstein monster he helped create. He only saw his student’s docile side. Granted, Osterman was once fooled by a con man when he and another Seminole County sheriff’s deputy met Juan Diaz, who convinced them he was a second basemen for the New York Yankees. Sure, the guy took them to strip clubs flashing money, and Osterman ended up losing his job over it in 1998, but that was a long time ago. Certainly, he wouldn’t be deceived again. Would he?

I think so. But still, I won’t hold it against him. Not personally. Even in the 1931 horror movie, we could feel some compassion for Dr. Frankenstein, who didn’t set out to create evil, but in the end, he still came to the beast’s defense and lost whatever innocence was left. While I am convinced Osterman is a fool for believing Zimmerman’s alibis, we all tend to put faith in our friends; some more than others, and there remains that inherent element of naiveté. We want to think people are well-intended. How many professionals — doctors, lawyers, airline pilots and, yes, federal agents — find out their spouses have been cheating on them long, long after the fact? Let’s face it, Zimmerman is a natural born liar. While you may question Osterman on his judgment, I think I’ll be looking at something else that hit me like a brick; something he said on the Dr. Phil show. It may be meaningless, but still…

“When I first heard that George had shot someone else, I was extremely shocked.”

Someone else? Just how many people has George Zimmerman shot? That triggered my alarm. Where was Osterman’s safety when he was shooting his mouth off? Oh, that’s right, he doesn’t use one. Straight from the hip. Just like li’l grasshopper.

TO EACH THEIR OWN

Speaking of the monsters we create, it’s easy to see what can happen when people let things get out of hand. Caution is thrown into the wind and trouble flares. During the entire time I covered the Casey Anthony case, I watched people go from friendly and mild-mannered to as loony as they come, all in the name of justice for a little girl they didn’t even know. Don’t get me wrong, we all seek justice, but people vary on how intent they are to get it and how far they are willing to go to prove it is their way or the highway. Talk about standing your ground. What is often neglected is that it is up to the court system to decide, not the public, as we shockingly found out when the jury came back with their verdicts at the end of Casey’s trial. Interestingly, as adamant as people were throughout that ordeal, how quickly they moved on.

Because I had a popular blog, I was subject to a lot of scrutiny. I think there’s another blogger who is quite aware of that now. Out of the woodwork came bands of miscreants determined to shut me down. I was gay, I had AIDS, I was a convicted felon and so were my parents. I was a plant for the defense out to take down the sitting judge. One woman had her grandchildren chanting “Death to Marinade Dave!” and she proudly told others. Everyone who dared comment on my blog became targets for attack. One was supposed to be thrust into a snow bank and left to die. It was the most disgusting group of people I had ever run into in my life. Ironically, these very people prayed deeply to God that justice would come for Caylee while they hypocritically spewed hatred on people they didn’t know from Adam.

Here we are, at it again. With Zimmerman, there’s the race factor. There’s gun rights. Emotions are running quite high across a much broader spectrum. There’s politics; liberals against conservatives and Democrats against Republicans, not to mention the NRA and Second Amendment rights. There’s a $10,000 bounty on Zimmerman’s head, dead or alive. We are witnessing character assassinations of the “n”th degree, with “n” being the word that most folks should have thrown away with the dirty bath water they washed their mouths out with long ago. Once again, people are getting hurt in so many God-awful ways. Ironically, one blog opens their day with The Lord’s Prayer before their brood goes on a self-righteous rampage on everyone and anyone who stands in their path. Trayvon was a drug addicted thug dealer with a history of violence. Every single word that comes out of the mouth of George Zimmerman is the Gospel truth. Every word. Yet, they really know nothing about him.

This is my opinion. What they talk about over there is their business. While I certainly disagree with their opinions, they have a right to discuss the case the way they want, although I do draw the line on spreading falsehoods and, particularly in this day and age, republishing copyrighted artwork that’s licensed to someone else, especially when it’s pirated from the website they are attacking that actually paid for the work. This is a real war, folks, and people are going to get hurt.

CLICK TO IMAGE TO ENLARGE

There are also blogs that are intent on implicating others in the crime. We saw it with Roy Kronk during the Casey case. The poor guy was run through the ringer because he found Caylee’s body. Even Leonard Padilla claimed Kronk was involved in some sort of intricate daisy chain. Kronk placed the body there, not Casey. How sad that people who do good things are sometimes burned beyond recognition by a false story that’s so fiery to touch, it blinds some to the truth. Sadly, his life will never be the same. Almost a hero, he’s also seen as a villain.

Look at one of the rumors that’s made the rounds of late. Someone was in the vehicle with George Zimmerman the night of the killing. It was Frank Taaffe. No, it was Shellie. No, it was Mark Osterman. Whoever it was, it has become Gospel to those “fact” finders who choose to buy into it. They need no proof because, so it was written, so it must be true. Call it the Lemmings Doctrine.

The problem with this sort of missive is that it can destroy a person. No doubt, Frank Taaffe has his own monsters to fight, and he certainly needs no further encouragement to go off the deep end, so why push him off the edge? Is it fun to belittle a teetering man?

The fact is, George Zimmerman acted alone. All by himself, he pulled the trigger. Why try to include others? In his book, Mark Osterman wrote that Shellie was at her father’s house at the time of the shooting. She immediately called him while he was out walking his dog in his own neighborhood. He was never at the scene prior to the police showing up. Whether you choose to believe him or not is your own prerogative, but I base my opinion not on what he wrote. Instead, I use common sense, just like what generally guided me throughout the Casey Anthony case. I take my guidance through documentation, evidence and the State. Nothing points to anyone else. Not one shred of evidence.

For example, every piece of trash in the woods where Caylee’s body rested was not attributable to her. That old worn out tire did not come off her car. There was no proof the needle in the bottle ever touched her hands. The State of Florida never used it in any of their documents, and that’s where I put my faith. Nowhere in this present case has the State mentioned an accomplice at all, and until they do, the thought of it is not plausible.

In the meantime, we are not put here on this earth to make a mockery of others, are we? Take it from one who knows; one who’s experienced it — it’s not fun being the target of incessant, never ending ridicule, abuse and lies that lead nowhere but down, especially coming from people hiding behind some really strange faith in a god that not only encourages it, but seems to relish in it. That’s not my God, and it’s as much of a mockery of God as Zimmerman telling Sean Hannity that the shooting was God’s will. How ludicrous.

Tree hugger, Tray hugger, what’s the difference if it’s nothing more than a stupid mind game where all that matters is that YOU win? Plow into everyone in your path!

Cross Posted on The Daily Kos

A Portrait of War

There isn’t a day that goes by when the thundering echoes of war escape us. Today, we live in a world rife with radical extremists, defiantly justified to maim and kill in the name of their god. The following story is my hideous wake-up call. It came at a time when wars were fought over more mundane causes - patriotism, democracy, communism, bigotry and territorial rights. This was back when building a bigger and more powerful bomb was all the rage, and nations proudly strutted their massive hardware in a show of strength and unity in order to intimidate their neighbors and enemies. Today, our enemies just strap a bomb to their chest and blow themselves up.

On a distant morning in 1967, one of my classmates was quietly asked to get up from his desk and follow the administrator out of the classroom. I remember that day and wondering why. Did he do something wrong? It didn’t take very long before the school principal announced on the P.A. system that his cousin, Van Dyke Manners, was killed in action in Vietnam. He was one of the first from Hunterdon County, New Jersey to die in the line of duty. I didn’t know him personally, but I remember it well because it was a solemn day. My friend had lost a loved one. Greg did not come back to class that week. To a 14-year-old, those echoes of war were a distant sound that lightly flickered in our young minds. We never thought of death then. We were invincible, but with each passing day, the reverberation grew louder and louder, and reality hit us fast and hard. The Vietnam War was in full boom.

Back then, what was going on in our own back yards seemed more important than anything else, but the Vietnam war was lurking out there. Despite our youthful dreams and aspirations, the war never escaped us. We saw it on our black & white televisions. We heard it on our AM radios. It made headlines in the daily newspapers. Everywhere we went, the specter loomed large and it cut deeply into our subconscious minds.

Early in 1968, a girl who lived up the street from me asked if I would be interested in creating a portrait of her boyfriend. Back in those days, a small town was just that. Windows were left open because air conditioning was a luxury. We weren’t afraid to leave our doors unlocked, and neighbors knew all the gossip. I was known as the left-handed artistic kid. Ask Dave. He knows how to draw.

She was a little older than me, and her boyfriend had enlisted in the Army. She offered to pay me and I accepted. I asked her to round up whatever photographs she could so I had something to work with. I asked her if I could meet him. To an artist, it’s good to know something about a subject that photographs can’t tell you. Because of that request, I got to know Mike Baldwin. At 21, he was a man. At 15, I was not. He was old and mature. I was still a kid. He shaved, I didn’t. With a war going on, I was in no hurry to buy my first razor.

His girlfriend asked me to draw the portrait as big as I could. When I went to the store to buy materials, my old “Be Prepared” Boy Scout lessons taught me to have a back-up plan, so I purchased two poster boards, just in case I messed up. I couldn’t just go to the store back then when I was too young to drive.  Well, I didn’t mess up, so I had a blank sheet and decided to draw another one, identical to the first. Buy one, get one free. I don’t know what compelled me to do it, but I’m glad I did. Maybe I thought if the relationship didn’t work out years later, at least he would have one to share with his family. That must have been the reason. Maybe the death of Van Dyke put apprehension in my heart. You know, one for his mother, just in case.

When I finished the drawings, I made a date to deliver the artwork. My neighbor had invited Mike and his mother to “attend” the presentation. Everyone was very pleased with the job I had done, especially his mother, who was honored to have her son’s portrait captured by a local artist.

Soon afterward, he left for Vietnam. He went because he believed in a cause. He believed in America and freedom. In school, we were taught about the Domino Effect. Red China didn’t exist on any of our maps and globes. It was just a grayed out mass of nonexistent land. Call it Peking ‘duck and cover.’ Back then, the Domino Effect was a theory that if one country falls under the influence of communism, then the surrounding countries would follow. North Vietnam was one of those countries. South Vietnam was not. Today, it is one country, but back then, 58,000 red-blooded Americans gave up their lives. Michael Baldwin was one of them.

44 years ago today, he became a statistic. His body was zipped up in a bag and shipped home. That was the day I awoke to the tragedy of war. It was my first real experience with the horrors of conflict and someone I knew was dead because of it. 

One of the things I learned, and it’s very important, was that Michael Baldwin put his country before his life. We lost so many and what did we gain? I know I gained a whole lot of respect for our fellow citizens who march off to war. He was a man and I was a boy back then, but I still look up to him and I am now 42 years older than he was on the day he died. To this very day, I wonder what would life be like had he lived. Would he have married my neighbor or someone else? Would he be bouncing his grandchildren on his knee today? Would he be happy? Or would he be mourning the loss of his children and grandchildren because of our present day wars? The more war changes, the more it remains the same. Death is still death and the loss of loved ones over religion and politics is still just as senseless as it was when Michael Baldwin died.

Today, he would be 67-years-old, soon to be 68. I will remember him as a true American hero; a very proud young man. As for the identical pictures I drew, they are lost and gone but not forgotten. In my mind, the memory of them will forever remain a haunting portrait of war.

Sgt. Michael Richard Baldwin (7/19/1947 - 9/12/1968) KIA - Binh Long Province, South Vietnam, ambushed while on reconnaissance 5 kilometers Northeast of Loc Ninh, along with:
Ssgt. Phillip Kenneth Baker - Detroit, MI
Pfc. Eugene Russell Boyce - Spartanburg, SC
Sp4. Wayne Daniel Jenkins - Bryson City, NC
Pfc. Kenneth Leroy Martin - Los Angeles, CA
Pfc. Marion Luther Oxner - Leesville, SC
Pfc. Dale Arden Palm - Toledo, OH
Pfc. Kurt Francis Ponath - Cudahy, WI
Sp4. J C Williams Jr. - Muncie, IN
Pfc. William Wittman - Binghamton, NY

September 12, 1968, was a long and sad day for Alpha Company, 1st Battalion, 28th Infantry, 1st Infantry Division.

Pfc. Van Dyke William Manners (11/10/1945 - 2/15/1967) KIA - Kontum Province, South Vietnam

To all our brethren lost in wars, rest in peace. Your deaths will never be in vain.

I first published a different version of this story in 2006. Michael Baldwin’s cousin searched his name on Google and found my blog about a year later. She wrote me and said, “I just found your website and read your article about Mike.  I just wanted to say thank you…  It touched me and helped me remember my cousin very fondly.  He was a good guy and the last of the Baldwin men in our family.  He is remembered fondly by many of my friends who still [live] in Flemington, as well as my family.

“I also wanted to let you know that Aunt Peg didn’t handle Mike’s death very well.  She couldn’t even bring herself to go to the funeral.  I do remember that both she and my Uncle Alvin (Mike’s Dad) did attend the memorial at Ft. Dix after his death.  That was really all she could handle.  She always said she preferred to remember people while they were alive.  I can’t say that I blame her.  I didn’t understand it in 1968, but I get it now.

“Mike left a large impact on me.  The memorial service was really something and I can still remember the 21 gun salute at his funeral in the cemetery in Flemington.”

Mike’s mother passed away in 1993. His sister contacted me right after her cousin got in touch with her. Here is what she told me:

“My cousin called me and told me about your blog.  She had seen Michael’s name in it and read the story.  I read it too and also your reply to her.  I am Mike’s youngest sister.  You made me cry—but it was a good cry.

“My family and I are so pleased that we are not the only one’s who remember Mike.  Looking through your blog and your e-mail to Mary, I found it so interesting that there are so many things we are connected through.

“I go to church at Kirkpatrick Memorial Presbyterian church in Ringoes. Van Dyke’s mother went there before she died a couple of years ago and there is a stained glass window dedicated to him.

“My father worked for the Forans in the foundry they owned in Flemington.  My father was friends with Walt Foran. [My friend Frank’s father.]

“When I read your blog, I could feel that you knew Mike well.  He was a great kid and we loved him.  You talk about my mother—you may not know it but I had a brother who was older than Mike—his name was Alvin—we called him Skip.  He died in a car accident on Sept. 13, 1958.  No, I didn’t confuse the dates, it was one day short of 10 years later that Mike was killed.  It was a blow that my parents never recovered from.

“I am so glad that you wrote about Mike, it makes me feel that we are not the only ones who remember. Thank you again for keeping his memory alive.”

Please see: NJ Vietnam War Memorial - Michael Baldwin

Rick Rescorla

A HERO OF THE FREE WORLD

Originally published in 2006, this is my account of but one man. I plan on posting this every September, on or near the 11th, in honor of Rick and all who perished that day. I will do this until I can do it no more.

Rick Rescorla was born in England. He enlisted in the U.S. Army in 1963 and retired as a colonel in 1990. Rick was a bonafide hero of the Vietnam war. In 1965, at the la Drang Valley battles, Lt. Gen. Hal Moore described him as “the best platoon leader I ever saw.” Rescorla’s men nicknamed him “Hard Core” for his bravery in battle. His heroism was documented and highlighted in the 2002 movie “We Were Soldiers” from the book “We Were Soldiers Once… and Young” co-written by Gen. Moore.

Since 1985, he worked in corporate security, subsequently becoming Vice President of Security for Morgan-Stanley/Dean-Witter, the largest tenant in the World Trade Center. After the 1993 attack, he trained all employees to evacuate the building. He maintained a structured, quarterly drill carried out byall staff to orderly get out. He is the man who predicted 9/11. Please see The Richard C. Rescorla Memorial Foundation.

On that fateful day, he safely evacuated all 2,800 Morgan-Stanley/Dean-Witter employees but himself and a few of his security staff. After doing his job, he returned to rescue others still inside. These were not even his people, yet, they were all his people. He was last seen heading up the stairs of the tenth floor of the collapsing WTC 2. His remains have not been recovered. He left a wife and two children. This man is widely recognized as being solely responsible for saving over 3,000 lives. Is it of any importance that he became an American citizen after Vietnam? He is a citizen of all mankind.

Rick Rescorla is but one hero who perished that fateful day, but what a man he was and what a soul he has that will and should live forever in the hearts and minds of everyone who cherishes freedom. All over the world.

See also: 

Calegion Post 149

Mudville Gazette

September 11 | A Memorial

Please help if you can

The Misconception Of A Stand Your Ground Hearing

Right after Judge Lester was removed from the bench, Mark O’Mara said he would likely schedule a “stand your ground” hearing sometime next year. On August 31, Rene Stutzman of the Orlando Sentinel wrote:

Nelson will now be the judge who must decide whether Zimmerman, who is charged with second-degree murder, is entitled to immunity under Florida’s much-debated “stand your ground” law, which allows anyone with a reasonable fear of imminent death or great bodily injury to use deadly force against an attacker.

Defense attorney Mark O’Mara has said he would likely schedule that hearing next year.

“It will take a tremendous amount of judicial courage at this point to throw the case out following an immunity hearing,” said Winter Park criminal-defense attorney David Faulkner. “My guess is that any judge, Judge Nelson or otherwise, is going to let a jury decide this issue for the benefit of the public.”

Of late, there’s been a lot of discussion and, perhaps, some arguments, over the difference between filing a stand your ground motion and a Motion for Declaration of Immunity and Dismissal. In essence, they are nearly interchangeable; sort of like buying a GM or Chevy vehicle. You can’t have a Chevy without GM, but it doesn’t work the other way around. Without the stand your ground law, there would be no immunity and dismissal motion applicable in this case. In other words, the important thing to remember is that the immunity and dismissal motion is based on Florida’s stand your ground law, F.S. Statute 776.032: Immunity from criminal prosecution and civil action for justifiable use of force, which states:

A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer… As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

Initially, the Sanford Police Department followed the tenets of the stand your ground statute by not placing George Zimmerman under arrest, but that act did not mean he was free from future prosecution. Now arrested and charged, Zimmerman has a right to file the immunity and dismissal motion based on the statute. F.S. 776.012 states:

Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.

Right now, we will pay particular attention to 776.012(1) and whether or not Zimmerman was right to believe that firing his gun into Trayvon Martin’s chest was necessary to prevent imminent death. After all, he said he was being pummeled to death by the teen. We will ignore 776.013 because it addresses the unlawful and forceful entering of “a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle…” 776.031 doesn’t apply, either, because it covers the use of force in defense of others.

Before going into F.S. 776.012, it’s important to first mention F.S. 776.041 and the “Use of force by aggressor.”

 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

Here is where some of the confusion may originate over stand your ground and immunity. By most witness accounts, and certainly something the State can clearly establish, the fight did not end where Zimmerman described. Trayvon’s body was found 30-40 feet south of the “T” joining the east/west sidewalk with the north/south one. Witnesses will testify that there was a scuffle with people running and yelling. Who was chasing whom is not relevant at this point because, once able to escape, Zimmerman chose not to. After all, he was the man with the gun. The bottom line is, he cannot prove that Trayvon cold-cocked him there at the “T” intersection. Furthermore, he cannot prove that’s where the fight ended with a bang, as he showed in his reenactment the next day. His best bet is to not bring it up at a dismissal hearing and that means the State will not be able to address it. That’s why, in my opinion, the Defense made an “adjustment” in its strategy, and it’s what led to the confusion over stand your ground and the impending dismissal motion.

At some point, the Defense realized it stood a better chance if it heeded F.S. 776.041. Where the Defense would most likely falter during a Motion for Declaration of Immunity and Dismissal hearing lays in (1) and the first part of (2) in 776.041. Why? In (1), will the Defense be able to factually establish that their client was not the aggressor, who forced himself upon the victim, therefore committing a felony? The shooting at the “T” has been debunked by evidence. The gunshot took place far enough away to establish that Zimmerman’s story is false. If the Defense goes in that direction, so will the State, and Bernie de la Rionda will have every right to do so. And, boy, will he ever!

There’s a big word in (2)… unless, and here’s where it will come into play. Let’s move south. For sure, there was a fight, and since no one can really prove who was on top and who was on the bottom, it’s important for the Defense to lay claim that Zimmerman was on the bottom, being beaten to death. I don’t believe (2)(b) will apply because there’s no testimony by the defendant that he attempted to withdraw. He will most likely assert that his mouth was covered and couldn’t speak, but if he does, the State will counter with the lack of evidence; there was no blood, saliva, or any of Zimmerman’s DNA on the victim’s hands. The Defense will not be able to prove it, any more than it will be able to prove that their client was the one yelling for help. If they try, the State will mention that the screaming stopped immediately after the gunshot while Zimmerman stated that he continued yelling for help as he spread the victim’s lifeless hands away from his torso.

Let’s try (2)(a) instead. Bingo! Here’s Zimmerman’s greatest hope. By claiming, which he has all along, that his life was in danger and that he had exhausted all means to escape, he had no choice but to shoot. OK, fine, but how did he gain access to his gun? The only way to explain it is to show the judge exactly how he did it, and the only person who could do that is George. Without taking the stand, he can’t do that because the video reenactment is too sketchy. If not that, then what’s left?

The medical records.

Yes, let’s just say that Zimmerman did have a fractured nose, meaning broken to some extent. The ARNP who diagnosed him was qualified to do so, and that’s what she wrote in her report:

1. Scalp Lacerations: No sutures needed given well-approximated skin margins. Continue to clean with soap and water dally. We discussed the red flag symptoms that would warrant Imaging given the type of assault he sustained. Given the type of trauma, we discussed that it Is imperative he be seen with his Psychologist for evaluation.

2. Broken Nose~ We discussed that it is likely broken, but does not appear to have septal deviation. The swelling and black eyes are typical of this injury. I recommended that he be evaluated by ENT but he refused.

Review of Systems:

Constitutional Symptoms: Denies fevers and/or chills.

Eyes: Denies loss and blurring of vision, diplopia.

Ear, Nose, Mouth, Throat: Admits nose pain. Denies hearing loss, tinnitus.

Cardiovascular: Denies palpitations, chest pain/pressure.

Respiratory: Denies shortness of breath.

Gastrointestinal: Denies abdominal pain, nausea and/or vomiting.

Integumentary: Admits- (Scalp lacerations).

Neurological: Admits head trauma. Denies tingling, numbness, weakness, headache, dizziness, speech difficulty, gait disturbance, loss of consciousness.

Psychiatric: Admits stress. Denies suicidal thoughts or attempts.

Nothing in that document paints a portrait of a person remotely close to death the day before. Even the Sanford Fire Department EMT report from the night of the incident showed nothing life threatening. Patient Conscious. Breathing normal. No external hemorrhaging. Mucous membrane normal. Extremities normal. Abrasions to his forehead and bleeding/tenderness to his nose. Small laceration to the back of his head. All injuries have minor bleeding. If you combine both reports, it doesn’t help the defense because Zimmerman cannot, in any way, shape or form, establish that he was remotely close to death, and if he tries, he opens a can of worms the State is going to take full advantage of.

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Back to the matter at hand — the legalities. Enough of the medical. If Zimmerman can factually establish that his use of deadly force occurred under the circumstances outlined in the above statutes, he could walk. Peterson v. State, 983 So. 2d 27, 29 (Fla. 1st DCA 2008) showed that F.S. 776.032 established a true immunity and not just a justification for what he did. According to the Jacksonville law firm, Hussein & Webber’s website:

The Court stated that, when immunity under the law is properly raised by a defendant, the trial court (at a hearing) must decide the matter by confronting and weighing only factual disputes.  Petersen held that a defendant may raise the question of statutory immunity pre-trial and, when such claim is raised, the trial court must determine whether the defendant has shown by a preponderance of the evidence that immunity attaches. Unlike a motion to dismiss, the trial court may not deny a motion for immunity simply because factual disputes exist.

The main issue in this case will be whether or not Zimmerman will be able to show enough evidence to establish immunity. Once again, I must reiterate what I touched on in The Prince and the Pea: Subjective or Objective Fear in the Petitioner? Was Zimmerman’s fear subjective or objective? Was he correct in fearing for his life or did he just panic? That’s the difference, and there’s a huge distinction between the two and whether or not immunity applies. Of course, there’s one more thing that could only be brought up at trial; did George Zimmerman shoot Trayvon Martin in cold blood? For that reason alone, and for the lack of evidence showing “by a preponderance of the evidence,” Mr. O’Mara had better be preparing his client for trial. I see it no other way.

Cross posted on the Daily Kos

The Adventures of Zimmerman: Lesson #1

This is the first of, what I hope to be, many lessons from the mind of George Zimmerman. Here, he explains why there’s a discrepancy between the time he laid out (differently on more than one occasion) and the actual time it took for the night of February 26 to unfold…

Hopefully, Ol’ Georgie Boy will be open to answering some of your questions in future videos…