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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This article first appeared in The Guardian.
