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Letter to Florida Judge: No Bond For Zimmerman

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by Alton H. Maddox, Jr.

George Zimmerman has been undercharged and is a flight risk who should be denied bail, says a former human rights and criminal defense lawyer. Bail would also fly in the face of the equal protection clause of the U.S. Constitution. “It would be unthinkable for a Black person in Florida to seek bail after being charged with murder in the second degree for causing the death of a white person.”

 

Letter to Florida Judge: No Bond For Zimmerman

by Alton H. Maddox, Jr.

The following letter is from the author’s web site, ReinstateAltonMaddox. Maddox was for many years a crusading criminal law and human rights attorney in New York City. He was disbarred in 1994. Judge Recksiedler holds a bond hearing for George Zimmerman, the Trayvon Martin murder defendant, April 20.

Zimmerman is a flight risk.”

Re: Bond Hearing For George Zimmerman

Dear Judge Recksiedler:

I am writing this letter as a "citizen" of the United States and I am supposed to enjoy all privileges and immunities under the Fourteenth Amendment of the U.S. Constitution. This letter is also being sent in the public interest and public safety. That being the case, I oppose the application of George Zimmerman for bail in State v. Zimmerman. His motion for bail is returnable on April 20, 2012 and should be denied.

It would be unthinkable for a Black person in Florida to seek bail after being charged with murder in the second degree for causing the death of a white person. This bail application would be routinely denied. No lawful reason exists for any white person to be treated differently, under similar circumstances, than any Black person. For this reason alone, this bail application should be denied.

Movant, for this relief herein, must address this issue of racial disparity or the Court should allow leave of court for him to address this issue. The Court can take judicial notice of the judicial practices and patterns in Florida. The state of Florida should not deviate from the equal protection clause of the U.S. Constitution.
The charge of murder in the second degree against Zimmerman suggests that Florida has under charged him
and it flies in the face of evidence that Zimmerman had "profiled" Trayvon Martin before he fatally shot him. Profiling supports a claim of premeditated murder. This homicide is murder in the first degree and not murder in the second degree.

Profiling supports a claim of premeditated murder.”

There is also reason to believe that Trayvon Martin was shot in the back. Zimmerman followed Martin and he was found lying face down. The body of Trayvon Martin should be exhumed and it should be examined by an independent and credible pathologist. History has shown that pathologists have "doctored" autopsy reports.

An example is the fatal beating of Michael Stewart by eleven transit police officers in New York City in 1983. Dr. Elliot Gross initially ruled that Stewart died of natural causes. Three Black lawyers intervened and caused the medical examiner to change the finding to a "homicide".

In 1987, a pathologist ruled that Harry Crist, Jr. who was involved in the kidnapping and rape of Tawana Brawley, had been killed by another person. Until 1998, New York insisted that Crist had killed himself. The autopsy report was finally publicized in 1998. New York had lied to the public. Another person or persons had killed Crist.

This Court should also be concerned about the residents of Florida and the residents of the United States. The news media has reported that Zimmerman has a criminal history involving an assault at least, on his girlfriend and an assault on a police officer. This not only demonstrates a proclivity to violence towards an ordinary citizen but also towards a police officer.

Zimmerman has a criminal history involving an assault at least, on his girlfriend and an assault on a police officer.”
Zimmerman is also a flight risk. Without any explanation, he fled police custody on February 26 in Sanford, FL. He was a fugitive from justice until the special prosecutor announced that she would by-pass a grand jury investigation and secure an information containing only a charge of murder

in the second degree. The information was silent as to a charge of escape.

Even if this Court, despite all the risks and perceptions, were inclined to release George Zimmerman on bail, there has to be stringent bail conditions including but not limited to the surrender of all passports, the installation of an electronic monitoring device, the installation of video surveillance devices and limited visitation privileges.

Zimmerman is entitled to a speedy and fair trial and I hope that Florida does everything to accommodate his constitutional right to it. The murder of Trayvon Martin has generated international concern. Under all of the circumstances, Zimmerman is not entitled to bail, and in the public interest, his application for bail should be denied.

Very truly yours,

Alton H. Maddox, Jr.

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Alton Maddox has always connected the present with history

in his "teaching".  So many things are connected.  Today is Mumia Abu-Jamal's birthday.  see www.freemumia.com   There is "occupy the Deptartment of Justice" going onn in DC today in celebration of Mumia's birthday and the demands of the group for justice are worth noting. (I got them from the OccupytheDOJ website yesterday.  I couldn't get art done in time.)

  Demands of OccupytheDOJ:

1.Free Mumia Abu-Jamal  

 2. End the Mass Incarceration and the criminalization of Black        and Latino youth

  3. Jobs, Education and Health Care - NOT JAILS!

   4. End solitary confinement and stop torture

    5. End the racist death penalty

     6. Hands off immigrants

      7. Free all political prisoners.

With good wishes to all who went to DC and those who have the courage to do civil disobedience.  Bravo and Brava.  Happy Birthday Mumia.  Thanks for all your wisdom.                                              

Problems w Z-man’s ‘Trayvon Jumped Me From Behind' Scenario

 

Question How could his gun out of its holster, if Trayvon sucker-punched him?

An obvious answer to this question is that Zimmermen already had his gun out when he approached Trayvon. But of-course this would amount to 2 bright red lines crossed by Zimmerman in his deadly encounter w Trayvon [the first was when he continued to pursue Trayvon after being told NOT To by 911 dispatch]. This would mean that it was Trayvon who was in fear of HIS Life -&- because he saw that Zimmerman already had his gun out cocked & loaded- struggled for it! But of-course Zimmerman would NOT want to admit to that- because it’s too hard to believe that a teen armed only w Skittles, ice-tea & a cell-phone would walk-up on & slug a grown-assed man who is not only older & huskier, but who also had his gun out & ready to shoot!

Scenario 2: Lets say [for the moment] that Zimmerman had his gun holstered when Trayvon supposedly [according to Z-man] slugged him, pinned his arms to the ground, & kept slugging him & pounding his head into the sidewalk [NOTE: At-least 3 witnesses have described events that suggest the struggle took place In The GRASS – NOT on the sidewalk.]. Well if that’s so [IMO: that a Mighty BIG IF] how could Zimmerman get his gun out??? First he’d have to free his arm- but if he were able to do that, why not use his superior size & strength to push & kick Trayvon off of him or to punch back??? Plus often holsters have snap-straps to secure the gun in place, so he would likely had to unsnap the holster to pull his gun out. At that point he could have either pushed the gun into Travon’s body or face & said GET OFF ME! –or- actually slugged Trayvon w the gun & then said GET OFF ME! And that would surely had been enough to stop Trayvon in his tracks. IMO: Scenario one sounds far more likely – IE: Zimmerman already had his gun out as HE Approached Trayvon [NOT Vice-versa]!       

============================================

FYI: Expect to hear more from this from the hard-core whitey FAUX News / FOX Noise spin machine as a counter narrative to Trayvon's murder & a so-called impeachment of the so-called 'left-wing' MSNM media [to their ilk anything 'left' of the NeoCONian Wa-Post is 'Far Left-wing']. It's about the David Adkins case in AZ earlier this month- Here's the details: } ' In a case that is being compared to the Trayvon Martin shooting, a Black man who shot and killed an unarmed man outside an Arizona restaurant is claiming self-defense. On Tues, April 3, at 7:30 pm, 29-year-old Daniel Adkins, who appears to be a white male Hispanic [who also reportedly had mental issues- but the Black guy wouldn't have know that], was killed outside a Laveen, Arizona, Taco Bell at 7233 South 51st Avenue, near Baseline Road, said Phoenix police. Authorities said the shooter, a 22-year-old Black man [yet to be named], was pulling out of the Taco Bell drive thru when he crossed paths with Adkins, who was walking his dog on the sidewalk. One report indicates Adkins struck the driver's vehicle with a bat or a metal pole after he and the driver exchanged words. It's unclear if investigators found this weapon at the scene. However, an independent eyewitness said Adkins swung his fist in the direction of the driver several times, according to various local news sources. Like FL, AZ has a "Stand Your Ground" law, which allows a "victim" to use deadly force when faced with a life or death confrontation. Thus far, the shooter has not been arrested or charged with a crime. Adkins' family members are calling for justice.' {

MY Comments: Assuming that this is all true at face value- First of all the Zimmerman-Trayvon case set a BAD precedence- such that it was only a matter of time that a repeat situation would occur & the shooter would also claim 'self-defense' based on 'Stand Your Ground'. And I bet the hard-core FOXes are HYPOCRITICALLY Hyping Adkin's story as a counter-spin to Trayvon's murder- BUT They ain't about to call for the repeal of these 'Shoot First & Ask Questions later Laws' nation-wide!
-2nd: IMO: It's very disingenuous that the hard-core FOX-Noise / FAUX News type media would be hyping this story in favor of a Hispanic victim [w an Anglo sir-name just as Zimmerman is called Hispanic even though his Sir-name sounds Jewish]- when FOX Noise & AZ have a NOTORIOUS ANTI-Hispanic Immigrant agenda & position that verges on out-right RACISM! IMO: They would love to stoke racial tensions between Black & Hispanics- because they have proven long-time track-record of contempt for both groups!
-3rd: If these details are true that Adkins attacked the Black guy's car [but not the guy himself] w a pole &/or he punched [or tried to] the Black guy w only his fists [but not w the pole] & the guy responded by shooting Adkins to death- then the Black guy should be charge w man-slaughter- period.
-4th: This is not a case of racial profiling- I don't care how much FAUX-News / FOX Noise tries to spin it that way. The Black guy almost literally just happened to bump into Adkins in the busy parking lot of a Taco-Bell. He didn't stalk Adkins after being told NOT TO by authorities & thus forced the confrontation! Even if Zimmerman didn't refer to Trayvon as a F-C-ING COON- which he most likely did, just before he shot him to death- He's still on record for being fixated on racially profiling Black youth as 'suspicious'- even calling in a 911 report on a 7-9 YR OLD Black boy as 'suspicious'!

The perfect candidate

It would be a waste of human resources to put Mr. Zimmerman in jail.  There is a great demand for people with his talent:

http://www.nypdrecruit.com/inside-nypd/overview

 

(See comment by Sanda.)

Excellent letter by a man who knows injustice well.

Of course, the judge gave a low bail, which I heard part of, live, on the radio.  It reminded me of listening in 2000, I think, to the entire trial of the police officers who had shot/killed Amadou Diallo.  I listened to the trial on WBAI (yes, I support www.takebackwbai.org .I say it here because it can't be said on the air as a caller to the station). The trial of the police who shot Amadou Diallo, and the disturbing verdict = no justice, made me so angry that I made my first piece of art in the Amadou Diallo (and later title amended to add "And Since" with regular updates for years.  I recommend www.october22.org/ for the October 22Coalition which does a good job of keeping track of those killed by police and "private security").  Zimmerman wasn't even a cop.

I have heard Alton Maddox often on WBAI. He is often on  Earl Caldwell's show.   Caldwell's oft stated line, "You are what your record says you are." is a good one.

Black Star News Asks This Very Pertinent Question RE Zimmerman

Since Zimmerman is on record for at-least 2 violent assaults including 1 against the Police- why was he licensed to both own & even carry a gun on his person [Could it have something to do w the 'juice' & connections his ex-Judge pop has?]??!! Can you imagine a Black or Latio guy in his twenties [or 30s or even 40s] w a record of violence against the cops, being legally licensed to carry a gun [HELL NO!]??? 

Another good article is this Open-Salon's [on April 11th] '10 Reasons to Repeal "Stand Your Ground" Laws' [@ http://open.salon.com/blog/steve_klingaman/2012/04/11/ten_reasons_to_repeal_stand_your_ground_laws ]. Most notable point  the article makes is that in 12 of 13 cases studied in a recent Orlando Sentinel investigation- the victim [IE: the so-called attacker] WAS UNARMED! But w a Supreme Court that Passed Citizen's Unitied & just this yr legalized strip searches as GP for the most trivial offenses [IE: a traffic stop for a non-serious traffic violation]- without probable cause- I wouldn't bet on them striking down these laws But failing out-right repeal- Here's an important modification to push for- Except in the cases of either home invasion / burglary [Meaning someone Breaks INTO your home] -or- if there are at-least 2 neutral / independent witnesses, & NO disputing witness(es), who had a clear unimpeded view of events as they unfolded- & who backs the shooter's claim of self-defense / justifiable-shooting &/or homicide -or- in the case of a  legally obtained restraining order due to prior threats &/or acts of violence by the victim, against the shooter &/or their family- where the victim apparently clearly & willfully violated the terms of their restraining order; If the victim is UNARMED- especially if shot dead- the shooter Can NOT evoke a 'Stand Your Ground' claim to police homicide investigators to avoid arrest- if the homicide investigation suggests otherwise or is unclear. They do have the right to prove such a claim In a Court of Law...

Otherwise we're giving the Zimmermans of the World a 'Free-pass' to gun-down anyone they don't like & then claim self -defense [IE: a 'Get out of Jail Free Card']



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