Special prosecutor Angela Corey has decided against using a grand jury in the case involving the shooting death of 17-year-old Trayvon Martin, her office said Monday.
"The decision should not be considered a factor in the final determination of the case," the office said in a statement.
The grand jury, set to convene Tuesday, was "previously scheduled by the former prosecutor," the statement said.
Corey said the investigation into the case continues. The state attorney has maintained that a grand jury is not needed to file possible criminal charges against George Zimmerman, the neighborhood watch volunteer who killed the teen February 26.
The case has triggered a nationwide debate about race in America and Florida's "stand your ground" law, which allows people to use deadly force anywhere they feel a reasonable threat of death or serious injury.
Prosecutors are trying to unravel what happened the night Martin was killed. Witnesses and attorneys for both sides have offered conflicting accounts. Two prosecutors are working to determine whether there is sufficient evidence to bring charges against Zimmerman, 28.
"We had hoped she had enough evidence without the need to convene a grand jury," said Benjamin Crump, attorney for Martin's family. "The family is trying to have patience and faith through all of this."
Crump said the family is hoping for charges against Zimmerman and an arrest as soon as possible.
"We want a very public trial so the evidence can come out and show people that the justice system works for everybody," he said.
Zimmerman's attorney, Hal Uhrig, texted his reaction to CNN's Martin Savidge: "Not surprised. Don't know what her decision will be. Courageous move on her part."
Corey said previously she has never used a grand jury to decide on charges in a justifiable homicide case.
"We do a thorough investigation. We make that decision ourselves," she said.
Sunny Hostin, legal analyst for CNN sister network HLN, said she was not surprised by Corey's decision.
"As a former prosecutor, I typically made my own charging decisions," she said. "... Many, many seasoned prosecutors use their judgment and make charging decisions, don't necessarily punt the ball to lay people, to a grand jury."
Corey's decision was "the smart thing to do," she said. "... Now Angela Corey is letting everyone know that this is her case. This is her decision."
Thousands have converged on Sanford to join in protests calling for Zimmerman's arrest and criticize the police department's handling of the case.
On Monday, a group of students calling themselves the Dream Defenders marched to the Sanford police station, singing and carrying a banner saying, "We are Trayvon Martin." The march began Friday in Daytona Beach, about 40 miles away, and continued through the weekend.
The marchers linked arms, sang and chanted as they faced the building's entrance Monday. Six of the demonstrators, wearing hoodies, were blocking the department's main entrance. Martin was wearing a hoodie when he was killed.
The Sanford Police Department said in a statement its office was "temporarily closed to the public ... due to the actions of student protestors. The students are currently occupying the space in front of the police department blocking the main entrance." The protest will not affect police and fire response to emergency calls, the department said.
"The city of Sanford hopes the actions of the students will be as peaceful and orderly as the previous rallies and marches have been," City Manager Norton Bonaparte Jr. said.
Although details of the incident remain murky, what is known is that Martin ventured out from his father's fiancee's home in Sanford to get a snack at a nearby convenience store. As he walked home with a bag of Skittles and an Arizona iced tea, he was shot and killed by Zimmerman.
Sanford police questioned Zimmerman and released him without charges.
From there, the case has evolved into opposing allegations from Zimmerman's supporters, Martin's family and authorities.
Zimmerman says he killed Martin in self-defense after the teen punched him and slammed his head on the sidewalk, according to an Orlando Sentinel report that was later confirmed by Sanford police.
A police report said one of the responding officers saw a wound on the back of Zimmerman's head and a bloody nose, and noted that his back was wet -- indicating he had been lying in the grass. "I was yelling for someone to help me, but no one would help me," he told authorities, according to the police report.
An enhanced copy of a surveillance video showing him in police custody after the shooting appears to show a bump, mark or injury on his head.</b> [OP: Wheeeere?]
Martin's family and supporters have dismissed the video.
They say Zimmerman, who is Hispanic, racially profiled the teen, who was black, and ignored a police dispatcher's directive not to follow him.
Zimmerman's attorneys interpret the call differently, and say the operator did not order Zimmerman not to follow Martin.
On the 911 call, the dispatcher asks Zimmerman if he is following Martin. Zimmerman says "yeah," and the dispatcher replies, "OK. We don't need you to do that."
A recording of another 911 call, made minutes later, apparently by someone in the neighborhood, captured a voice yelling for help.
Martin's relatives have said they are certain the voice calling for help is Martin's.
Audio experts Tom Owen and Ed Primeau, who analyzed the recordings for the Orlando Sentinel using different techniques, said they don't believe the voice is Zimmerman's.
They compared the screams with Zimmerman's voice, as recorded in his 911 call.
However, others have cautioned against drawing conclusions about those findings, given the fact the tests did not analyze similar speech.
The debate was further muddied when a witness, who declined to be identified by CNN, said she saw and heard the incident through her window.
When pressed on whether she could determine who was yelling, the witness said, "It was the younger, youthful voice (rather) than it was the deep voice I heard when they were arguing."
Zimmerman's attorneys have questioned the account, saying it was dark at the time of the shooting.
Until now, only friends and relatives of Zimmerman's have come forward to speak on his behalf. Zimmerman's attorneys have said he wants to share his story but can't because of threats to his safety and the possibility of charges.
Martin's family has said a Sanford police detective filed an affidavit saying he did not find Zimmerman's statements after the shooting credible -- but that Sanford Police Chief Bill Lee and State Attorney Norm Wolfinger met the night of the shooting and disregarded the detective's advice.
Neither police nor prosecutors have confirmed the existence of such an affidavit. And Wolfinger has vehemently denied that such a meeting occurred.
The two sides have also debated what Zimmerman whispered under his breath during his 911 call.
Martin's supporters said he uttered a racial slur; Zimmerman's lawyer said he told them he whispered "punks" -- an assertion that experts backed up.
"We don't know" whether a grand jury will choose to indict, said Zimmerman's attorney, Craig Sonner.
Gov. Rick Scott appointed Corey as a special prosecutor as calls for "Justice for Trayvon" grew in the days following the shooting.
Authorities have said Zimmerman was not immediately charged because there were no grounds, at the outset, to disprove his account that he'd acted to protect himself.
The governor has formed a task force to review the "stand your ground" law.
Source at CNN.
"The decision should not be considered a factor in the final determination of the case," the office said in a statement.
The grand jury, set to convene Tuesday, was "previously scheduled by the former prosecutor," the statement said.
Corey said the investigation into the case continues. The state attorney has maintained that a grand jury is not needed to file possible criminal charges against George Zimmerman, the neighborhood watch volunteer who killed the teen February 26.
The case has triggered a nationwide debate about race in America and Florida's "stand your ground" law, which allows people to use deadly force anywhere they feel a reasonable threat of death or serious injury.
Prosecutors are trying to unravel what happened the night Martin was killed. Witnesses and attorneys for both sides have offered conflicting accounts. Two prosecutors are working to determine whether there is sufficient evidence to bring charges against Zimmerman, 28.
"We had hoped she had enough evidence without the need to convene a grand jury," said Benjamin Crump, attorney for Martin's family. "The family is trying to have patience and faith through all of this."
Crump said the family is hoping for charges against Zimmerman and an arrest as soon as possible.
"We want a very public trial so the evidence can come out and show people that the justice system works for everybody," he said.
Zimmerman's attorney, Hal Uhrig, texted his reaction to CNN's Martin Savidge: "Not surprised. Don't know what her decision will be. Courageous move on her part."
Corey said previously she has never used a grand jury to decide on charges in a justifiable homicide case.
"We do a thorough investigation. We make that decision ourselves," she said.
Sunny Hostin, legal analyst for CNN sister network HLN, said she was not surprised by Corey's decision.
"As a former prosecutor, I typically made my own charging decisions," she said. "... Many, many seasoned prosecutors use their judgment and make charging decisions, don't necessarily punt the ball to lay people, to a grand jury."
Corey's decision was "the smart thing to do," she said. "... Now Angela Corey is letting everyone know that this is her case. This is her decision."
Thousands have converged on Sanford to join in protests calling for Zimmerman's arrest and criticize the police department's handling of the case.
On Monday, a group of students calling themselves the Dream Defenders marched to the Sanford police station, singing and carrying a banner saying, "We are Trayvon Martin." The march began Friday in Daytona Beach, about 40 miles away, and continued through the weekend.
The marchers linked arms, sang and chanted as they faced the building's entrance Monday. Six of the demonstrators, wearing hoodies, were blocking the department's main entrance. Martin was wearing a hoodie when he was killed.
The Sanford Police Department said in a statement its office was "temporarily closed to the public ... due to the actions of student protestors. The students are currently occupying the space in front of the police department blocking the main entrance." The protest will not affect police and fire response to emergency calls, the department said.
"The city of Sanford hopes the actions of the students will be as peaceful and orderly as the previous rallies and marches have been," City Manager Norton Bonaparte Jr. said.
Although details of the incident remain murky, what is known is that Martin ventured out from his father's fiancee's home in Sanford to get a snack at a nearby convenience store. As he walked home with a bag of Skittles and an Arizona iced tea, he was shot and killed by Zimmerman.
Sanford police questioned Zimmerman and released him without charges.
From there, the case has evolved into opposing allegations from Zimmerman's supporters, Martin's family and authorities.
Zimmerman says he killed Martin in self-defense after the teen punched him and slammed his head on the sidewalk, according to an Orlando Sentinel report that was later confirmed by Sanford police.
A police report said one of the responding officers saw a wound on the back of Zimmerman's head and a bloody nose, and noted that his back was wet -- indicating he had been lying in the grass. "I was yelling for someone to help me, but no one would help me," he told authorities, according to the police report.
An enhanced copy of a surveillance video showing him in police custody after the shooting appears to show a bump, mark or injury on his head.</b> [OP: Wheeeere?]
Martin's family and supporters have dismissed the video.
They say Zimmerman, who is Hispanic, racially profiled the teen, who was black, and ignored a police dispatcher's directive not to follow him.
Zimmerman's attorneys interpret the call differently, and say the operator did not order Zimmerman not to follow Martin.
On the 911 call, the dispatcher asks Zimmerman if he is following Martin. Zimmerman says "yeah," and the dispatcher replies, "OK. We don't need you to do that."
A recording of another 911 call, made minutes later, apparently by someone in the neighborhood, captured a voice yelling for help.
Martin's relatives have said they are certain the voice calling for help is Martin's.
Audio experts Tom Owen and Ed Primeau, who analyzed the recordings for the Orlando Sentinel using different techniques, said they don't believe the voice is Zimmerman's.
They compared the screams with Zimmerman's voice, as recorded in his 911 call.
However, others have cautioned against drawing conclusions about those findings, given the fact the tests did not analyze similar speech.
The debate was further muddied when a witness, who declined to be identified by CNN, said she saw and heard the incident through her window.
When pressed on whether she could determine who was yelling, the witness said, "It was the younger, youthful voice (rather) than it was the deep voice I heard when they were arguing."
Zimmerman's attorneys have questioned the account, saying it was dark at the time of the shooting.
Until now, only friends and relatives of Zimmerman's have come forward to speak on his behalf. Zimmerman's attorneys have said he wants to share his story but can't because of threats to his safety and the possibility of charges.
Martin's family has said a Sanford police detective filed an affidavit saying he did not find Zimmerman's statements after the shooting credible -- but that Sanford Police Chief Bill Lee and State Attorney Norm Wolfinger met the night of the shooting and disregarded the detective's advice.
Neither police nor prosecutors have confirmed the existence of such an affidavit. And Wolfinger has vehemently denied that such a meeting occurred.
The two sides have also debated what Zimmerman whispered under his breath during his 911 call.
Martin's supporters said he uttered a racial slur; Zimmerman's lawyer said he told them he whispered "punks" -- an assertion that experts backed up.
"We don't know" whether a grand jury will choose to indict, said Zimmerman's attorney, Craig Sonner.
Gov. Rick Scott appointed Corey as a special prosecutor as calls for "Justice for Trayvon" grew in the days following the shooting.
Authorities have said Zimmerman was not immediately charged because there were no grounds, at the outset, to disprove his account that he'd acted to protect himself.
The governor has formed a task force to review the "stand your ground" law.
Source at CNN.
Ultimately, I have no faith that Zimmerman will be arrested or convicted for this.
It's all a big clusterfuck though. No faith that he will get arrested and convicted. He'll be able to go on living his racist, vigilante life.
Edited at 2012-04-09 05:48 pm (UTC)
I'm really worried that there isn't enough evidence, though. Between the police just letting him go, and conflicting information from the eyewitnesses... I don't know. I hope he gets charged with something, at least, because he shouldn't have been following that boy. He provoked the whole incident. Ugh. I feel so sorry for his family.
Zimmerman's attorneys interpret the call differently, and say the operator did not order Zimmerman not to follow Martin.
Maybe it wasn't an order but gee, idk, I think if you're on the phone to 911 (or was it police? I saw a mention somewhere else that it was with a police officer?) and they tell you you don't need to follow, you should listen.
Now it's going to be based on an independent inquiry, looking at the bare facts without recourse to public opinion. If they are doing their job properly they ought to come to the right conclusion (and even if they don't bring it to trial, that might well be more because of a lack of solid evidence available that will hold up in court rather than because they think Zimmerman's innocent). The less this becomes a media circus the better.
i think his self-defense case is utter bullshit, btw, i just don't understand how this works legally.
Unfortunately, I think the 'Stand Your Ground' law fucks with that, because someone was mentioning scary numbers of people who had used this defense and never went to court.
That's my understanding, but I'm in Canada, so anyone who has a better grasp of it can feel free to correct me if I'm wrong!
At this point too many things have been said on TV, newspapaer... for a jury to remain impartial.
I think it is likely that the charges will be for manslaughter.
Leaving them out of the process just says that the judge thinks they are capable of deciding if and with what specific charges it goes forward on without having that decision reviewed before the trial.
Edited at 2012-04-10 04:46 am (UTC)