John Edwards- Photo NY Daily News

The jury in the John Edwards case began its deliberations on Friday and left for the weekend with no verdict.  They asked to see the checks that Bunny Mellon wrote.  The jury of 5 African Americans and 6 whites with one person’s race unknown will decide his fate. Seven are men and 5 are women.  A jury is like what Forest Gump called a “box of chocolates”.   You never know what you will get.  Right about now, one has to wonder if Edwards is thinking about the deal that he turned down.  He knew what he would get with the plea offer.

Going back in time before the indictment, the government offered Edwards a plea to a misdemeanor with 6 months in jail and the ability to keep his law license.  He now faces up to 30 years in jail and over a $1 million fine for the 6 felonies he faces..  Hindsight is always 20-20. At that point in time, Edwards turned down the plea because it did not allow his attorneys to request a lower sentence than 6 months. And Edwards did not want to be away from his children. But a jury trial is like rolling dice. A jury can be as unpredictable as Lady Luck.  Edwards, a successful trial attorney knows all about juries.  Sometimes they’re for you and sometimes they’re against you.

The closing arguments went as expected for both sides. The defense tried to paint Edwards as a liar and cheat but not a criminal.  The prosecution painted him as a liar, cheat and criminal.  One possible misstep in closing arguments by the defense was trying to paint Andrew Young as an orchestrator of the baby mama plot—to hide mistress  Rielle Hunter.  That seems like a stretch of an argument.  It was enough to attack Young’s credibility due to his lies.  If the jury returns a guilty verdict, Edwards will appeal.  The prosecution will not be able to appeal a loss.  And if Edwards loses this case, he will face far more than the 6 month sentence offered to him.

While Edwards had success with juries, he’s not the one trying the case. He’s the one on trial. And that makes a huge difference.  As a trial lawyer, it’s often agony waiting for a jury to return with a verdict. It’s nothing an attorney can do but wait.  For Edwards, it’s all over except the verdict.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

John Edwards- Photo NY Daily News

The Edwards trial ended with a whimper instead of a bang, with the defense declining to call either  John Edwards, Cate Edwards or ex-mistress Rielle Hunter. That tactic may end up in resulting in an acquittal of John Edwards as the defense focused primarily on campaign finance laws and violations.

The prosecution with all of its baby mama drama, sex tapes, lying, cheating and stealing saga may have left out a key element of its case.  The prosecution must prove beyond a reasonable doubt that Edwards knowingly chose to violate the federal campaign laws and knew he was violating them.  Even the government’s star witness, Andrew Young, testified that Edwards was at a meeting with his lawyers and advised Young that the donations by the benefactors totaling $1 million were not campaign donations.   Bunny Mellon knew the money was being used for a mistress. And Fred Baron directly gave his money to the Youngs and Hunter for living expenses.

The key two pieces of evidence that may save Edwards from jail  rests on a Federal Election Commission (“FEC”) memo dated July, 2011 that found the $1 million donations did not violate campaign reporting laws.  The second document is a Justice Department Election Crimes Board opinion that states for criminal violations to occur, the act must be clear and  bear no doubt that the FEC considers the conduct a Federal Election Campaign Act offense.

There is no testimony that Edwards knew of the donations aside from the testimony of Andrew Young who claims that Edwards was present during meetings with Fred Baron discussing the donations.  But, Young has his own credibility issues. He once lied and stated the baby was his child.  There is also evidence that Young tried to sell the sex tape of Edwards and Hunter.  Young almost belongs in the same despicable category as Edwards.

The jury, much to the defense’s dismay, will  be instructed that any money or gift used for the purpose and not the sole purpose of influencing any election for federal office must be reported, even if part of the money was to hide a mistress from a wife’s knowledge. If the FEC exonerated Edwards of federal campaign donation violations, as the defense will argue, then how can a jury convict Edwards?  That is the question for the jury to decide.  The jury begins its deliberations on Friday, May 18.

For all of Edwards’ despicable drama, in the eyes of the public, he may not deserve an acquittal. But justice demands that he be acquitted of these charges based on the Government’s evidence and reasonable doubt of it.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

Courtesy Emery Hines

President Obama announced on national TV his personal position on supporting same sex marriage. His personal position did not change federal, state or local law or policy. The states that oppose same sex marriage are still in place—over half of them.  Recently, North Carolina opponents of same sex marriage took to the ballot box and voted a referendum against same sex marriage.  And California’s referendum known as Proposition 8 is headed for the Supreme Court.  Nothing has changed in those states. Yet, some gay marriage opponents are now talking about sitting out the election. And some Black clergy are talking about the difficulty that they may have with their congregations and getting out the vote in 2012.

Let’s hold on for one moment long enough for people to get a grip on this issue.  While same sex marriage is complicated in the African American community, taking a stand to sit out this election is even more than complicated. It’s insane.  The real issue that exists is not being talked about by many Black clergy. In case anyone has forgotten, the real issue is the economy. It’s that plain and simple.

And while some folks are getting upset over President Obama’s personal stance on same sex marriage, those same folks ought to be questioning some other things.  People should be upset over why no bankers were ever indicted; why no bankers ever went to jail for causing the economy and financial market to fail; Lehman Brothers in the months before their financial collapse netted over $70 million to their top executives and then collapsed months later.  We find out this week that JP Morgan was lost $2 billion in the last few months and is expected to lose even more in the coming months. People should be outraged at the crumbling and further eroding of our economic system, instead of the President’s personal stance on same sex marriage.

While I applaud the President taking a stance in support of same sex marriage, I understand the emotional upheaval on his position in some segments of the Black community.  Gay issues in the African American community, putting it mildly, are complicated. I just wish the same fervor that catches the attention of some African Americans on the highly emotionally charged same sex- gay rights issues would catch hold the same way on the issues affecting the economy.

All I know is that Republicans are acting like they bear no responsibility for the failed eight years of the Bush Administration.  The GOP is acting like their failed policies that caused the largest economic collapse of our financial industry and changed the world as we know it was not their fault.  And blacks are crying foul at President Obama and threatening to boycott or sit out the election.

This is not the time for a sit out.  This is a time for a sit in. Every voting age African American needs to occupy every voting booth in this country come November. While gays are making same sex a civil rights issue, every African American—gay and straight needs to remember their civil rights history. And that means vote like your ancestors lives depended on it. In reality, their lives did depend on it. And our lives now depend on it—now more than ever.  Prince sang Party Like It’s 1999.  African Americans need to vote like it’s 1899. It might as well be 1899 if Mitt Romney gets elected.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

John Edwards- Photo NY Daily News

John Edwards, a once prominent trial lawyer, former US Senator, Democratic Presidential candidate and former 2004 Democratic Vice- Presidential candidate is now reduced to nothing more than sex, lies and videotapes.   Edwards is on trial for his alleged federal campaign violations in an elaborate scheme to hide money being floated to Rielle Hunter, his mistress and mother of his child.

Many prominent lawyers and legal analysts agree that the Government’s case is a bit of a stretch of campaign law violations.   Edwards faces 6 counts of receiving illegal campaign funds, lying on campaign statements and willfully violating the law. He faces 30 years in jail and over $1 million in fines, if convicted.  The final analysis is in the jury’s verdict.

The government had offered Edwards a plea deal whereby he could keep his law license and serve a minimal time in jail.  That should tell us something about the strength or should I say, weakness of the Government’s case.  The case has already cost millions of dollars in taxpayer money to pursue.  Most of the prosecution’s evidence has been focused on the sex life of John Edwards, his lies to keep his extramarital sex life a secret and videotapes of it. It would make for a great made for TV movie and may still be the focus on one at a later time.

Many think Edwards should be jailed for cheating on his wife of 25 years while she was dying of breast cancer, for having the affair while he was running for President of the United States, for lying and covering up about the affair and for later lying about the paternity of the child.  None of those are crimes and Edwards cannot be jailed for doing any of those things. So why is the US government spending so much time and money focusing on these facts, if they will not lead to a conviction?

The Government is making Edwards out to be a bad boy of campaign laws. Everyone who has remotely followed his travails knows he’s not an individual to be trusted. And I hope for his sake that he does not take the stand.  After all his lies upon lies, I doubt if anyone on the jury will believe a word that comes out of his mouth.  Yet, the Government must prove that Edwards knowingly violated the law and intended to do so.  Historically, according to experts, similar federal campaign cases have not ended up in a criminal court.

The Edwards trial also has an interesting sub plot within the main plot of campaign violations.  It shows how a once successful lawyer and politician thought so lowly of women, including his wife, his mistress, his daughters and the wife of his campaign aide.  He used and abused all of these women in his sex, lies and videotape debacle.  He thought so little of his wife of 25 years and mother of his children that he would cheat on her while she was fighting for her life with breast cancer.  It was a fight that she ultimately lost in 2010 after having to spend her precious time campaigning with her husband.

After almost literally being caught with his pants down, Edwards refused to do the honorable thing and confess his sins. That would have meant that he would have to suspend and end his campaign for the Presidency.  Doing so, he would have avoided his present legal predicament.  Instead he allegedly engaged in an elaborate hide the baby mama drama scheme, involving his campaign aide, Andrew Young and wife, Cheri, to hide Hunter.

Once the baby became known, Edwards refused to honor her as his daughter, saying the baby wasn’t his child.  At this low point, it became a scene for Maury Povich’s TV show on “You Are the Baby’s Father” segment.  Edwards allegedly engaged campaign aide, Andrew Young to admit paternity. Yet, in the final analysis, the truth came out and Edwards’ legal issues ensued.

Is any of this against the law?  That’s the issue facing the jury. The jury will need to decide if the money that was used to hide Edwards’ mistress was a gift or a campaign contribution.  The issue surrounds whether money used from millionaire “Bunny” Mellon in the amount of $725,000 and monies given by Fred Baron were for campaign purposes or to hide the baby mama drama. A lawyer for 101 year old Bunny Mellon testified  it was a gift for Edwards. The prosecution must also prove that Edwards knowingly violated the law and intended to violate the law.

The trial enters its third week with many more to go.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

Avi Werdesheim- AP Photo

In a case that appears in some aspects similar to the Trayvon Martin case, Baltimore Circuit Court Judge Pamela White has found one Jewish brother guilty of assaulting a black teen, while walking in their Jewish neighborhood in 2010.  The second brother was acquitted.   The two brothers chose a trial before a judge, instead of their originally requested jury trial. The brothers stated they did not believe they could get a fair jury trial, in light of similarities between their case and the Trayvon Martin case.

Prosecutors said that in November, 2010, Eliyahu Werdsheim and his brother Avi attacked the black  teen, hitting him with a radio and holding him on the ground. Eliyahu testified that he acted in self-defense when the teen attacked him with a nail-studded plank. The judge rejected Eliyahu’s claim of self-defense.

And in a real twist of irony, the 16 year old black teen took the stand and refused to testify against the defendants.   The teen, after taking the stand, said he should not have called the police and would not testify. The 911 tape of his reporting the incident was allowed into evidence.  Although, prosecutors often drop a case when a victim is reluctant to testify, Baltimore State’s Attorney Greg Bernstein chose to continue with the trial. The teen’s parents, on behalf of their son, also dropped their civil suit against the two Jewish brothers.  Victims sometimes drop civil cases and attempt to drop criminal cases, when there has been some type of agreement reached between the parties. There is no indication of that happening in this case, but it is often the situation.  Only the prosecutor can choose to drop a criminal case.

The trial took one week to try before Judge White. At the conclusion of the trial, the judge found Eliyahu guilty of false imprisonment and second-degree assault, and cleared him of carrying a deadly weapon with intent to injure and Avi was acquitted of all three counts. The judge took a harsh tone in addressing the brothers and the testimony they offered in their behalf. She stated, “As I waited for straight answers, that wait proved thankless,” she said. Judge White also had harsh words for the Jewish neighborhood patrol group, Shomrim.

Eliyahu Werdesheim faces up to ten years in jail. And justice has been rendered in the case.

Debbie Hines is a lawyer, former Baltimore prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

It is a bitter sweet ending to a case that failed to garner national attention of 16 year old Barnes, a bright African American teenager, headed for college.   She was likely thought to have been abducted according to Baltimore police but later found dead in the Susquehanna River.  Phylicia was a straight A student from North Carolina who was visiting relatives in Baltimore over the Christmas holiday in 2010 when she went missing on December 28, 2010.  She was planning on attending college in Baltimore, having graduated a year early.

Baltimore detectives pitched the media to cover her missing story. There was some coverage on Nancy Grace show, ABC news and a few other outlets.  But, that limited coverage occurred when Baltimore police pleaded with the media to run her story.  By all accounts, if Phylicia were a white teen age girl, her story would have appeared nationally, just like Elizabeth Smart, Natalie Holloway, Casey Anthony, Robin Gardner or Chandra Levy.  The media was obsessed with both the Aruba cases of  two missing women Holloway and Gardner and of course, the Chandra Levy cases.  The media stayed on the Elizabeth Smart abduction from Salt Lake City, UT until she was located, months later. But, when it came to a similar black teen age girl, she was almost invisible to the media. Baltimore police spokesperson described her case as “Baltimore’s missing Natalie Holloway.”

The main stream media seriously lacks diversity when it comes to African American women appearing in the media and news stories about them. Often times, the faces of black women and girls are almost invisible from the media.  That includes black women commentators and news about black women or girls gone missing in the media. In the case of missing Phylicia Barnes, the lack of media coverage may have cost her life. If there is a silver lining, it is that the Baltimore Police Department did not give up on fighting in finding Barnes’ suspected killer.  The father of Barnes says the police were in almost weekly contact with him. The police stood by and fought until they could bring some closure to the family of Phylicia Barnes. May she rest in peace.  Johnson has been indicted for first degree murder in the death of Phylicia Barnes.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post

The execution of Troy Davis did have a real impact on Connecticut’s action.  Connecticut now becomes the 5th state in 5 years to abolish capital punishment adding to the nationwide trend toward repeal.  In all, 17 states have abolished the death penalty. The national NAACP played a critical role in this happening.  NAACP president Ben Jealous visited Connecticut three times to lobby for repeal as well as the head of the NAACP Legal Defense Fund came.  Davis’ sister Kimberly even visited Connecticut for news conferences and forums to press for repeal.

Next on the road to end the death penalty is California where voters will go to the polls in the fall to vote to end the death penalty.  The tide is slowly turning against the death penalty with hard work by Amnesty International, NAACP and other civil rights groups fighting for a more just society.

Nationwide, the death penalty disproportionately affects blacks and Hispanics more than whites. The Department of Justice looked at data between  1995 – 2000 and found that of 682 defendants charged with death eligible crimes, 48% were black despite blacks making up only 11% of US population.  Whites make up only 20% of those cases. Racial inequality is one factor to abolishing the death penalty.  The other factor is the death penalty does nothing to deter crime. The most important factor is the moral cost of the death penalty where for every 8.7 Americans sent to the death penalty, one innocent person has been exonerated.

It’s time to end the death penalty now.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian News TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

Credit: APTN

This week is a busy week in hot button legal cases across the country.

Trayvon Martin Case- George Zimmerman was able to make the $150,000.00 bail set for him by raising only $15,000 to pay a bail bondsman to post his bond.  He was released in the early morning hours of Monday, April 23, 2012.  He is allowed to leave the state but authorities released him with an ankle bracelet.  Authorities will be able to monitor his whereabouts as he prepares for trial.  His arraignment date is May 29.

Reverse Trayvon Martin Case-   Today in Baltimore, a case known now as the reverse Trayvon Martin case goes on trial with 2 Jewish men charged with beating a 15 year old black teen in a Jewish neighborhood of Baltimore in November, 2010. They spotted the teen in their neighborhood while they were in a car, exited and allegedly chanted “you don’t belong here” as they beat him, according to court and other documents.  One brother was a neighborhood watch or patrol person.

The two white men were originally charged with felony assault charges.  But newly elected Baltimore City State’s Attorney, Greg Bernstein, dropped the charges to misdemeanor assault as his first major decision upon taking office in January, 2011.  He had won election  in November, 2010 against former  long term black State’s Attorney, Patricia  Jessamy, upon vows to aggressively fight crime. The victim’s father says the charges should have remained felony assault for the jury to render a decision.  The victim sustained a broken wrist and head injuries. The 2 brothers claim self- defense. Jury selections are under way today.  And a jury is expected to be majority African American. The maximum sentence, if convicted is 13 years for all misdemeanor charges.

Jennifer Hudson’s Family Murder Trial- The former brother in law of Jennifer Hudson goes on trial today for the killing 4 years ago of Hudson’s mother, brother and nephew in Chicago.  If convicted, he will spend the rest of his life in jail.  The circumstantial case will not be an easy one for prosecutors as there are no eyewitness or DNA. The prosecution has gunshot residue found on the defendant’s car steering wheel.

Jennifer Hudson was the first witness to testify after opening statements. She broke down in tears as she described her sister’s volatile relationship with the defendant.  It was a smart and stunning move by the prosecution to start with Hudson’s testimony who now will be able to sit through the entire trial, with eyes of the jury on her, remembering her pain and loss.

John Edwards Trial- In a federal court room in Greensboro, North Carolina , in a case of sex, money and lies, prosecutors and defense attorneys are set to begin opening arguments in the trial of John Edwards for alleged violations of campaign finance laws to divert $925,000 in campaign funds to his mistress Rielle Hunter.  Edwards, a former Democratic presidential candidate, and trial lawyer denies any wrong doing and wants his day in court.

Edwards had been offered a plea deal of minimum jail time and keeping his law license. He declined the offer.  We will see soon if Edwards made a good deal or bad deal in declining the offer.   Rolling the dice is what Edwards did for a living as a trial attorney.  As a trial lawyer, Edwards had faith in jurors. The only difference now is he is the one who stands to go to jail and not his client, if convicted.  He is no longer the attorney arguing to the jury. It is not known  yet if Edwards will testify in his own behalf.   Edwards, if convicted, faces up to 30 years in jail plus monetary fines. The trial is expected to last 6 weeks.

Roger Clemens Trial-  Roger Clemens goes on trial again in federal court in Washington, DC after a judge granted a mistrial after 2 days of the last trial due to prosecutorial mistakes that tainted the trial.   Clemens is charged with lying under oath to Congress about taking steroids.  “One of the hurdles the government has to overcome is answering, ‘Why the heck are we involved in this type of investigation?’ ” U.S. District Judge Reggie B. Walton said last week, out of earshot of the potential jurors. The prosecution has 5  prosecutors trying  the case–up from 2 from his previous trial. It sounds like an uphill battle for the federal prosecutors who have spent millions to obtain a conviction.

For those who say the legal process doesn’t work, many should take the time to attend some parts of an actual trial to become familiar with and understand how the judicial system works.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

There has been nothing routine about the Trayvon Martin case from beginning up to the bond hearing.  Day 54, known as the Zimmerman bond hearing,  proved to be no different.  Usually a bond hearing is a brief hearing to see if the defendant should receive a bond and under what conditions. A bail hearing ordinarily has none or very few witnesses.  And almost never does the defendant testify under oath about the case, except in the Trayvon Martin case.  George Zimmerman’s bail hearing was one more unusual abnormality in the Trayvon Martin case.

The purpose of bail being set is to ensure the defendant’s court’s appearances and to protect the community against danger by the defendant. The prosecutor asked for a $1 million bail. The court ultimately set $150,000 bail for George Zimmerman.  Putting the $150,000 bail in perspective, there are cases where no death, assault or violence occurred and no prior criminal record and the  defendant is  held on $100,000 bail. And 2^nd degree murder charges involving a gun, even with no prior criminal record, often come with a high bail or no bail.  And high is not a $150,000 bail.  Yet, Conrad Murray charged with and convicted of manslaughter in the death of Michael Jackson, was out on $75,000.00 pre-trial bail and allowed to freely travel throughout the country.  So the amount of bail varies from jurisdiction to jurisdiction, case to case and judge to judge. In Seminole County, Florida, the prosecutor’s assessment of bail was probably closer to the mark than the $150,000 that was set.

The factors that are reviewed in the Florida  law are the criminal charge, the strength of the state’s evidence, the danger to the community, the criminal defendant’s past criminal record, ties to the community and any previous flight to avoid prosecution.  If released on bail, a defendant has pre-trial conditions to adhere and abide by, to remain free pending trial.  They vary from pre-trial drug testing, checking in with the pre-trial probation officer, stay away from the victim, remain in state and other conditions related to a particular case. Requests to stay in an undisclosed of “safe” location are rarely heard.  Zimmerman must wear an electronic tracking device, have no contact with the victim’s family, abide by a 7 pm to 6 am curfew, surrender his passport and check in with authorities every three days. He cannot be in possession of a firearm and cannot consume alcohol or illegal drugs.

The Zimmerman bail hearing tell us much about the case and the defense strategy so far. The testimony of the defendant was a crucial piece of the strategy.  Even though there were inconsistencies in Zimmerman’s testimony from his audio 911 tape, the defense attorney, Mark O’Mara, is focused primarily on Florida’s  Stand Your Ground  defense. The defense strategy  is to somehow prove that once Zimmerman believed his life was in danger, he had every right to stand his ground and shoot and kill Trayvon Martin, despite profiling and pursuing him.

This brings us to the point that this case is as much about guns and the right to bear arms as it is as about the unfortunate death of 17 year old Trayvon Martin, perhaps even more so.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.

In a surprise move, Trayvon Martin’s killer, George Zimmerman, is expected back in court on the morning of Friday, April 20, 2012 to request bail.  This is much earlier that his May 29, 2012 arraignment date, where bail had been expected to be raised. It is highly unlikely that he will be able to post a bond, even if the court were to set one.  Special Prosecutor, Angela Corey, says that based on the evidence, the charge of 2^nd degree is appropriate and one that can be proven.  Zimmerman’s attorney, Mark O’Mara, a former prosecutor himself, wants his client out of jail to work with him on preparing his case.   Judge Kenneth Lester, an experienced judge since 1996 and known for listening to both sides will decide the issue.

Considerations of bail include the nature of the crime, amount of evidence, defendant’s family ties to the community, employment, criminal record and danger to the community and any previous flight risk.  The strongest arguments against Zimmerman receiving a bail are the crime of 2^nd degree murder, the evidence the prosecutor says is available against him and his flight issues.  Remember Zimmerman had been at an undisclosed location for 44 days. And in the days leading up to his arrest, his two prior attorneys had lost contact with him and had no idea of his whereabouts.  Ironically, his prior attorneys’ press conference may prove very damaging to Zimmerman’s chances of release on bail.  They also leaked that he had lost his job.  With a murder charge, substantial evidence according to the prosecutor, danger to the community based on the murder charge, risk of flight issues and lack of job, Zimmerman faces an uphill battle.

On the defense side,  attorney Mark O’Mara, has stated that he needs his client out on bail in order to work with him. That is hardly a reason for bail.  An attorney has no limitations on working with a client in jail.  O’Mara will no doubt argue about his client’s prior criminal record or lack of one, family ties and community ties. O’Mara will argue for bail conditions such as a monitor, home detention, no travel outside of Florida and no firearms in his possession. He will argue that his client will not be a risk.  O’Mara runs a fine line between asking for bail to be set and asking for special privileges for his client’s pre-trial release. With all the issues in obtaining  an arrest in this case,  Zimmerman cannot be given what is perceived as special privileges for his release.  He should be treated no differently than any other defendant charged with 2nd degree murder.

Judge Lester will listen to both sides, the defense’s plea for lenient bail conditions and the prosecutor’s tough stance against it. Angela B. Corey is known as an aggressive prosecutor and sometimes unpopular for some of her views.  As a tough prosecutor, she will be prepared to argue that Zimmerman stay in jail pending his trial. O’Mara has stated that he will be able to locate a safe place for Zimmerman in the state. In the end, the safest place for Zimmerman might be jail in protective custody.  And that is where he will probably remain until a trial date.  Zimmerman faces 25 years to life, if convicted for the killing of Trayvon Martin.

Debbie Hines is a lawyer, former prosecutor and legal /political commentator appearing in national and local media including  the Michael Eric Dyson Show, NBC, ABC and CBS affiliates,  RT TV, CBC- Canadian News TV, NPR, XM Sirius radio, the Wall Street Journal, Washington Post, USA Today, Black Enterprise among others.  She founded LegalSpeaks, a progressive blog on women and race in law and politics.  She also writes for the Huffington Post.