LEGAL SPEAKS BLOG

A motions hearing is set on Tuesday, May 28 in the case of the shooting of Trayvon Martin.  Attorney Mark O’ Mara and the Zimmerman defense team disclosed documents on Thursday that they may attempt to admit into evidence showing photos, texts and social media of Trayvon Martin to display his alleged marijuana use, issues with school suspensions and other aspects of his personal life. The defense alleges that they will only attempt to introduce the items if the State attempts to make the case about Trayvon Martin’s character.  Excuse me for mentioning but the only side that is attempting to make the case about Trayvon Martin’s character is the defense.  And the only way that the defense can add any validity to its self-defense claim other than with the defendant’s testimony is to make Trayvon Martin out to be a bad character.

In order for the Zimmerman defense to make out a somewhat credible case of self- defense in the court room before a jury, they must attempt to vilify the victim.   The defendant’s own credibility, should he take the stand, was largely destroyed over a year ago following his bail hearing, when it was discovered that his misrepresentations about his pauper financial status, along with his wife’s testimony were flat out lies.   He was not someone in dire financial distress as he had led even his own attorneys to believe but someone with online contributions totaling over $100,000.  That little scheme caused the defendant to have his bail revoked and later reset at a higher amount.

In order for the defense to depict the facts as one of self- defense, they must first overcome the credibility of the defendant, if he takes the stand. And one way around that issue is to portray the victim, Trayvon Martin as a “bad actor”, a pot smoking, school missing, up to no good teenager.  The state has not attempted to portray Trayvon Martin as anyone other than a 17 year old walking  en route to the home of his father’s girlfriend,  carrying a bag of Skittles and an iced tea, wearing a hoodie, when he was spotted by Zimmerman, marked for suspicious activity, pursued and shot to death.

This case is about the night of February 26, 2012 and whether George Zimmerman armed with a gun committed second degree murder or had a legal right to shoot Trayvon Martin. It is a circumstantial case on the part of the state. No state’s witness is an eyewitness to the crime.  The evidence will mostly consist of experts’ reenacting the crime scene and audio tapes, photographs of the scene, audio tapes, DNA evidence and witnesses who overheard or saw parts of the altercation.  There appears to be no value to the case to be learned from school records, social media, texts or personal photographs of the victim before the night of his untimely death, unless the defense wants to confuse the jury or sway them with “red herrings”. In law school, these other items that have no bearing on a case are commonly referred to as “red herrings”, meaning they are much ado about nothing. And sometimes, that’s what a defense team has to work with to get its point across to the jury.

In the final analysis on both sides of this case, it must be about the night of February 26, 2012. Whether the defendant is a good person or the victim is made out to be a bad person, all that matters is what happened on that fateful night over a year ago. If the evidence speaks to the events on the night of February 26, then justice will prevail.

Judge Debra Nelson, the presiding judge, will hear arguments on some controverted evidence and other matters on Tuesday, May 28.  On May 23, the defense filed another request to postpone the trial. The trial is presently scheduled for June 10.  Stay tuned for more developments on the case as they occur.

Debbie Hines is a Washington, DC based practicing trial attorney, former Maryland prosecutor and member of the Supreme Court bar who is an expert in criminal law, high profile criminal cases, gun laws, death penalty cases and voting laws.  She often addresses legal issues at the intersection of race and crime.

A group of unemployed workers are walking from Philadelphia to Washington to demand that the US Chamber of Commerce stop blocking efforts to create green jobs for Americans. Operation Green jobs after walking form May 19 to May 24 will rally on Friday at 10:00 AM at the headquarters of the US Chambers, located at 1615 H Street, NW in Washington, DC. The US Chamber like its Republican Congressional counterparts are fighting against green jobs. The US Chamber receives millions of dollars from oil companies to lobby Congress. Carl Gibson, lead organizer for the walk says, “Like Congress, the U.S. Chamber likes to say they speak for us, but their real interest is in serving the multinational corporations who fund their activities.” According to Jake Parent, coordinator of Public Citizen’s US Chamber Watch project says the U.S. Chamber spent more than $136 million in 2102 to lobby on behalf of giant corporations.

In 2008, President Obama campaigned to provide more green energy and technology jobs., promising to create 5 million new green energy jobs in 10 years. According to the Greg Rothwell of the Brookings Institute, “The stimulus bill and Obama administration budgets have certainly increased spending on green activities, and that spending has created jobs.” President Obama’s 2014 budget would increase money for production of green energy, green manufacturing and energy efficiency.  Moving beyond green jobs, the Republican controlled Congress has yet to pass any bills for jobs, green or otherwise. Republicans consistently campaigned on creating jobs but no jobs bills have been created by Republicans.

The unemployed walkers coming to Washington will share their stories and offer solutions to help created more jobs and a stronger economy. Instead of attacking the EPA, attempting to debunk scientific consensus about climate change, the US Chamber and the GOP should pay heed to serving the American people. Carl Gibson, lead organizer of Shut the Chamber Campaign says, Congress focuses on dirty fossil fuels over clean energy alternatives because the US Chamber gets millions from oil companies to lobby Congress. The group is coming to Washington to express its discontent with prevention of creating more green jobs.  And once again,  we must ask the GOP controlled Congress, when are the jobs coming?

To follow the walkers’  daily blog, click here

The Success of the National Voter Registration Act

This week as the National Voter Registration Act (“NVRA”) or more commonly known as the Motor Voter Law marks its 20^th anniversary. For many, it’s difficult to remember when  voter registration did not occur through motor vehicle office,  public assistance, disability or armed forces recruiting office or by mailing in their voter application.  These are just some of the ways that the NVRA has helped to register millions of person each year and to particularly bring low income persons in the process. Before the passing of the NVRA in 1993, voter registrations were lower in 1992 than in 1972.  Many states barriers to registering voters—a Democratic right. The NVRA has greatly helped to making registering and changes registration information, simple and easier.

Although the NVRA has successfully helped to register millions of eligible voters, voter registration rates are no as high as they could be.  There is still work to be done and additional ways to increase voter registration.   The GOP has fought efforts to increase voter registration in many states, as seen from the 2012 election.  Many states have implemented same day registration which allows persons to register and vote on the same day.  Other states have limited the time for registering before becoming eligible to vote.   States that allow for same day voter registration and voting have consistently higher voter turnout.  In the 2012 election, according to demos.org, four of the top five states for voter turnout had same day registration. The average turnout in same day registration states was over 10 percentage points higher than in other states, according to demos.org. Currently, as of this writing, Maine, Minnesota, Wisconsin, California, Connecticut, Idaho, Iowa, Montana, New Hampshire, North Carolina, Wyoming, the District of Columbia, Maryland and Colorado now have same day voter registration.

Modernizing the voter process and allowing national same day voter registration for federal elections should be the next step. Specific communities with lower voter registration rates should be identified with voter registration outreach.  A few recommended ones are expanding the NVRA into the Affordable Care Act Health Benefit Exchanges, U.S. Citizenship and Immigration Services and Indian Health Services for Native Americans.

The 20^th anniversary of the NVRA is just a reminder that the fight is not over yet to overcome barriers to voter registration.  Making   voter registration easier is still a fight that is ongoing.   And by the efforts of the GOP, it will be a fight that continues into the future.

Photo Courtesy of Color Lines
Early Voters in Miami

Monday, May 20^th marks the 20^th anniversary of the National Voter Registration Act (NVRA or “Motor Voter”). The bill was signed into law by President Bill Clinton on May 20, 1993. It allowed Department of Motor Vehicles to register persons to vote at the same time that they came to renew or obtain a new driver’s license. The law also allowed voter registration at other public agencies such as for persons obtaining disability services, food stamps and other social services to reach out to a greater segment of the population. The law has been essential in increasing voter registration opportunities and standardizing the process of removing voters from the registration list.

Thanks to the NVRA, millions of Americans have been able to register to vote through the Department of Motor Vehicles and other public agencies.  The Motor Voter laws were designed to streamline the process of obtaining a driver’s license along with registering to vote.  Motor Vehicle offices were able to accomplish a dual purpose.  These laws are just one of the many ways to make it easier to register to vote.

With many Republican lawmakers’ attempts to disenfranchise voters and make it more difficult to vote, it is time to celebrate this historic moment in voting rights.  Making the vote easier to access is the fundamental premise behind the Democracy that we fight for here and in other countries.

We can still do better in terms of making voter registration easier to accomplish for Americans.  The Voter Empowerment Act re-introduced in 2013 would allow for online registration and registration to students at all college and university campuses that receive federal aid.  Currently, the State of Washington allows for online voter registration.   We also need to make federal voter registration easier for those who are elderly, disabled and unable to register in person.

Twenty years ago, the National Voter Registration Act was one step in the right direction to increase options for Americans to register to vote. But, we can and must do much better to ensure access to voter registration.