★ ACLU Reverses Course on DOJ Investigation of Zimmerman ★

ACLU Reverses Course on DOJ Investigation of Zimmerman

http://www.talkleft.com/story/2013/7/20/202943/953/crimenews/ACLU-Reverses-Course-on-DOJ-Investigation-of-Zimmerman

By Jeralyn, Section Crime in the News
Posted on Sat Jul 20, 2013 at 07:29:43 PM EST
Tags: George Zimmerman, Trayvon Martin (all tags)

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There must have been some heated discussions going on behind the scenes at the ACLU for it to do a 180 degree u-turn on whether the Department of Justice should investigate George Zimmerman to determine whether a hate crime prosecution was appropriate. I'm not surprised, just relieved the organization came to its senses.

On July 14, ACLU Executive Director Anthony Romero issued a statement on behalf of the organization that was titled, "Honoring the Memory of the Trayvon Martin (Next Steps for Systemic Reforms.) It called on the DOJ to investigate whether George Zimmerman's committed a federal civil rights violation or a hate crime by shooting Trayvon Martin.

This case reminds us that it is imperative that the Department of Justice thoroughly examine whether the Martin shooting was a federal civil rights violation or hate crime.

On July 18, 2013, just 4 days later, the ACLU wrote this letter to Attorney General Eric Holder protesting even the consideration of bringing federal civil rights or hate crime charges against George Zimmerman.

We are writing to clearly state the ACLU's position on whether or not the Department of Justice (DOJ) should consider bringing federal civil rights or hate crimes charges as a result of the state court acquittal in the George Zimmerman case.

Even though the Supreme Court permits a federal prosecution following a state prosecution, the ACLU believes the Double Jeopardy Clause of the Constitution protects someone from being prosecuted in another court for charges arising from the same transaction. A jury found Zimmerman not guilty, and that should be the end of the criminal case. (my emphasis.)

The letter then goes on to make two points I have made here repeatedly: (1) The Department of Justice should address the systemic problems of racial disparity inherent in the criminal justice system, including taking steps to actively put an end to racial profiling by police, and (2) the Government can teach by example. On the second point, which I raised yesterday before coming across this letter, the ACLU says:

We realize that the alleged conduct of private citizens like George Zimmerman is beyond the scope of the End Racial Profiling Act and the Department of Justice Guidance Regarding the Use of Race by Federal Law Enforcement Agencies. But average citizens can be influenced by the conduct of law enforcement, and problematic practices by public officials can increase the likelihood of bad judgment and actions by private actors. Further, the killing of Trayvon Martin has touched off a range of emotions across the country and is another harsh reminder that police actions can be motivated by racial bias. (my emphasis.)

The letter is signed by Laura W. Murphy, Director of the ACLU's Washington Legislative Office and Jesselyn McCurdy, Senior Legislative Counsel for the Washington Legislative Office. Copies of the letter to Holder went to Charlotte Burrows, Associate Deputy Attorney General and Roy L. Austin, Jr., Deputy Assistant Attorney General, DOJ Civil Rights Division

As I wrote here about President Obama's remarks yesterday,

I am all for protesting the racial disparity in our criminal justice system. But put the focus where it belongs: On arbitrary and unfair laws that disproportionately affect minorities, police misconduct, too much discretion vested in prosecutors, and overly harsh sentencing laws and guidelines. Leave George Zimmerman out of it.

And earlier, about the legacy of this case:

The problems of racial disparity and arbitrary enforcement of our criminal laws are real, systemic and need to be addressed. Criminal defense lawyers see it and fight to correct it every day. From charging decisions to plea offers to sentences, the system is not fair and everybody knows it.

But this case has never been representative of those problems. And perhaps most unfortunate of all, as a result of the false narrative created by the lawyers for grieving parents who tragically lost their son -- a narrative perpetuated by a complicit and ratings-hungry media -- any attempt at meaningful reform is likely to fall on deaf ears for years to come.

That's exactly what's happening now. Thousands may turn out to march, but millions will close their ears because of what they see as the unfair connection to George Zimmerman, a man with no history of racial animus, who a jury determined was not guilty of any crime at a trial at which no one alleged he acted out of racial animosity, and the connection to Trayvon Martin, whom they do not view as an innocent, but as someone who committed an unprovoked physical assault and unfortunately lost his life because the person he assaulted lawfully defended himself.

Others who will be turned off: Those who know that stand your ground laws had nothing to do with Zimmerman being found not guilty. He would have been found to have acted in self defense with or without the duty to retreat language, because the testimony and evidence at trial showed he had no place to retreat to once attacked by Martin. A duty to retreat presupposes a means of escape is available.

Because so many object to the use of Trayvon Martin and George Zimmerman as poster images for reform, it is unlikely any meaningful reform will result for the thousands of minorities who do not receive equal or blind justice and who are languishing in our prisons in disproportionate numbers. The blame for this, in my view, lies with the family lawyers, the media and the prosecutors.

This is what happens when the public is sold bubbe meisseh (fairy-tales and make-believe.) Watch this Martin family lawyer tell Greta Van Susterern: "I have a greater duty beyond being an attorney and that's to be a social engineer."

And then brag Zimmerman wouldn't have been arrested but for the public outcry. (Curiously, she says the outcry is from black people, brown people, white people, Republicans, Democrats, Christians and Muslims. Why no inclusion of Jewish people?)

Of course she doesn't mention the outcry was the result of the lawyers' misleading if not outright false portrayal of the shooting, the police investigation and the evidence, and their blatant demonization of Zimmermann in the media as a "cold-blooded murderer."

This week I also wrote about a new report about how to reduce and end systemic racial injustice by a coalition of some of the most esteemed criminal justice groups in the county. The report talks about the debate the country needs to have:

Do our laws, policies and practices reflect public consensus on these priorities? If not, what needs to change? How do we move the system away from a paradigm focused on arrest, punishment and social control of communities of color to one that focuses on healing and restoration?

How do we avoid using courts as the dumping ground for difficult or seemingly intractable social problems? (my emphasis.)

The problems that need to be addressed are the ones outlined in the report. The criminal justice system was not designed to cure every conceivable social ill. Those needing equal justice are those who are languishing in our prisons, not Trayvon Martin. Equal justice is needed for those who are profiled by police, not George Zimmerman.

As I've been saying for weeks, instead of focusing on the misfortune that befell one individual and his grieving family, stemming from a single, unplanned, spontaneous shooting on a dark and rainy night in Florida, about which public opinion will always be divided, we should demand change for the very real victims of racial injustice. At least the ACLU, after a false start, now has it right.