ABC Reporter Matt Gutman has been banished to the opposite side of the world, and Sanford Police Department Detective Christopher Serino has been reassigned/demoted as a patrolman working the midnight shift. Two apparently unrelated and insignificant events? Actually, both are directly related to the Trayvon Martin case, and will have a significant impact on two distinct realms: the court of public opinion and the actual courts of Florida law.
But first, let us revisit Update 8 (May 30, 2012) where I wrote of breathless news and blog coverage of Sanford Police security video of George Zimmerman apparently walking—gasp!—unescorted in what was obviously a portion of the Sanford Police Department accessible to the general public–probably the main lobby–in the days immediately after the death of Martin. The original Lamestream Media report was made by—you guessed it—Matt Gutman.
I patiently explained that when depicted in the despicable and outrageous act of walking up a staircase in the video, Zimmerman had not been arrested and was still cooperating with the Sanford Police, and any citizen–Zimmerman included–could enter any publically accessible area of a public building. But one question remained: How did ABC get routine security camera footage of the SPD lobby, and who gave it to him? I wrote:
NOTE: I have e-mailed the Sanford Police Chief asking him to confirm that this video is the Sanford Police Department, and asking how this security camera footage came to be in the hands of the media. As of the posting of this article, I have not received a reply. If one is forthcoming, I’ll post it.
I suspect it will surprise no one to learn that I’ve never heard from the SPD about this matter. However, I also suspect the SPD was surprised to see their security camera footage in the hands of ABC News and was interested indeed in finding out who gave it to them. Now we know: it was probably former Detective Christopher Serino.
THE LAW, ETC.:
To better understand what is happening here, let’s turn to Florida law. There are two specific statutes that could have some bearing on the topic of discussion:
838.21 Disclosure or use of confidential criminal justice information.—It is unlawful for a public servant, with intent to obstruct, impede, or prevent a criminal investigation or a criminal prosecution, to disclose active criminal investigative or intelligence information as defined in chapter 119 or to disclose or use information regarding either the efforts to secure or the issuance of a warrant, subpoena, or other court process or court order relating to a criminal investigation or criminal prosecution when such information is not available to the general public and is gained by reason of the public servant’s official position. Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
839.26 Misuse of confidential information.—Any public servant who, in contemplation of official action by herself or himself or by a governmental unit with which the public servant is associated, or in reliance on information to which she or he has access in her or his official capacity and which has not been made public, commits any of the following acts:
(1) Acquisition of a pecuniary interest in any property, transaction, or enterprise or gaining of any pecuniary or other benefit which may be affected by such information or official action;
(2) Speculation or wagering on the basis of such information or action; or
(3) Aiding another to do any of the foregoing,
shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
In addition, like virtually all states, a state-level organization regulates who is allowed to be a police officer, the processes by which one is certified to be a police officer, maintains that certification, and establishes rules of conduct for police officers. In Florida, that organization is the Florida Department of Law Enforcement, which has:
Officer Requirements
Law Enforcement Officer Ethical Standards of Conduct
Principle Eight
Police officers shall observe the confidentiality of information available to them due to their status as police officers.
Rationale
Police officers are entrusted with vast amounts of private and personal information, or access thereto. Police officers must maintain the confidentiality of such information to protect the privacy of the subjects of that information, and to maintain public faith in the officer’s and Department’s commitment to preserving such confidences.
Rules
8.1 Police officers shall not knowingly violate any legal restriction for the release or dissemination of information.
8.2 Police officers shall not, except in the course of official duties or as required by law, publicly disclose information likely to endanger or embarrass victims, witnesses or complainants.
8.3 Police officers shall not divulge the identity of persons giving confidential information except as required by law or Department policy.
What all of this means is that there are potential consequences in three distinct realms for police officers who, without proper authorization, release information to those not authorized to possess it.
(1) The first realm consists of the rules and regulations of the involved law enforcement agency, in this case, the SPD. The SPD, like all law enforcement agencies has its own internal rules, regulations and procedures. In terms of the release of information of all kinds, such rules are virtually identical from agency to agency. State laws routinely give the public access to police records, with the exceptions of active cases (cases still being investigated), personnel files, any records ordered sealed by a court, and a few other narrowly construed types of information.
What this means is that there are a number of routinely available police records handled in an entirely routine way. A citizen needing a copy of a traffic accident report or a report about a theft from their property, for example, can appear at the police records section, pay a minimal copying fee, and walk away with a copy of the report they need. Such matters are covered by normal regulations and require no special permission.
However, all agencies have regulations about information released to the media or others. Generally, only specific people designated by policy or by the Chief of Police or Sheriff are allowed to make such releases. Large agencies have designated media liaisons. Others, such as patrol officers, when asked questions by the media are under orders—through their rules and procedures—to refer the media to the proper persons and to say nothing.
These regulations are necessary and make complete sense. They ensure that only accurate information is released and that no information that might compromise investigations, impede the proper progression of cases through the criminal justice system or endanger officers or citizens is inadvertently released. Agencies take these rules seriously indeed, and officers learn very early in their careers the necessity and wisdom of being able to keep secrets. For the most part, the general public simply doesn’t need to know everything the police know, and seemingly harmless information in the wrong hands can be very harmful indeed.
Officers releasing information without authorization can—and do—face departmental discipline, which can range from a bracing posterior-chewing, to a letter of reprimand to various types of suspension to firing.
(2) The second realm involved is state level police officer licensing and regulating authorities. This would normally not come into play unless a police chief or sheriff believed that an officer’s behavior was so egregious they should not be allowed to work as a police officer. Only then would they be reported to the state authority with the goal of revoking their certification. If their certification was revoked, no law enforcement agency in that state could hire them. Practically speaking, anyone whose police certification is revoked by any state is unemployable everywhere. In this case, section 8 of the Florida Ethical Standards of Conduct would be implicated.
(3) The third realm would be criminal law, in this case, sections 838.21—a felony–and 389.26, a misdemeanor. This step would normally be the third in the process and would not be taken unless there were obvious and serious negative consequences to the agency, the criminal justice system, or individuals as a result of the unauthorized release of information. It would usually never be taken for an accidental or mistaken release of information, but only for intentional, egregious misconduct resulting in actual damage.
From what is currently known, there is insufficient information to say with any degree of certainty that Serino has violated either statute. It’s simply not possible to fulfill the necessary elements, and while Special Prosecutor Corey seems not to care about the elements of the law, I do. Obviously, at this point, the SPD would seem to agree as he has not been prosecuted—though there could be valid–currently unknown–reasons for waiting. In fact, in this case, Serino’s actions would seem to be favorable to the prosecution, so it would be quite unlikely that the special prosecutor would bother to prosecute him.
NEWS ACCOUNTS:
First, I must give a well-deserved pat on the back to reader “Zane” for bringing this matter to my attention. The Orlando Sentinel, in a June 26 report, wrote:
The lead Sanford police investigator in the Trayvon Martin shooting was transferred Tuesday from detective work to being a simple street cop, the department confirmed.
Chris Serino had asked for the change, the department said.
He will become a uniform patrol officer and work the night shift, said police spokesman Sgt. David Morgenstern.
Serino is not being demoted, Morgenstern said, and his rate of pay is unaffected.
Interim Police Chief Richard Myers was not available for comment.
Serino, a 15-year department veteran, is the detective who led the investigation into the Feb. 26 shooting that killed the unarmed black 17-year-old from Miami Gardens.
The gunman, George Zimmerman, 28, told police he acted in self-defense. Serino headed the much-criticized investigation that, once it was concluded, left police department managers convinced they did not have enough evidence to arrest Zimmerman.
They had no credible evidence to counter Zimmerman’s version of what happened, Serino said in March.
In a June 26 story, the Miami Herald added:
…Det. Chris Serino believed Zimmerman jumped to a ‘faulty conclusion’ about Trayvon, an unarmed teen who he said never used deadly force when he battered Zimmerman and caused him to frantically scream for help 14 times.
Days after several recorded interviews between Serino and Zimmerman were made public, the detective got a new job: On July 7, he starts in his new assignment as a uniformed patrolman on the graveyard shift, at the same pay.
‘It’s not a demotion,’ Sanford Police spokesman Sgt. David Morgenstern said of Serino, 45, who has been with the department for 15 years. ‘There isn’t any more prestige in being a detective. We have officers who love uniform patrol. This was of his own free will.’
The new assignment was announced less than a week after the former Sanford Police chief, Bill Lee, was fired over the public outcry that resulted from the department’s handling of the case. And it was revealed hours after State Attorney Angela Corey released another batch of evidence in Zimmerman’s second-degree murder trial, raising speculation that Serino’s move to patrol was directly related to the controversial case.
Indeed, and that speculation is almost certainly accurate. The Herald continued:
His [Serino’s] sworn statement recommending a manslaughter charge was signed March 13, before the anti-Zimmerman protests had swept the nation — and after his chief publicly said there was no probable cause to make an arrest.
Serino said the relative size of the two fighters, coupled with the fact that neither had specialized training in hand-to-hand combat, meant Zimmerman was not at any ‘exceptional disadvantage’ when the two scuffled on the ground.
But he acknowledged that no one could refute Zimmerman’s story that Trayvon attacked him without provocation [emphasis mine].
Serino’s statement made note of the fact that Zimmerman had called police to report the ‘suspicious’ presence of a black male on at least four prior occasions. Just a few weeks before the killing, one of the black men had broken into a neighbor’s home.
‘Zimmerman, by his statements made to the call taker and recorded for review and his statements made to investigators following the shooting death of Martin, made it clear that he had already reached a faulty conclusion as to Martin’s purpose for being in the neighborhood,’ Serino wrote.
He said Zimmerman spotted Trayvon twice, but didn’t use the opportunity to introduce himself. Zimmerman said he was afraid, but Serino was skeptical.
‘His actions are inconsistent with those of a person who has stated he was in fear of another subject,’ Serino added. ‘Investigative findings show that George Michael Zimmerman had at least two opportunities to speak with Trayvon Benjamin Martin in order to defuse the circumstances surrounding the encounter. On at least two occasions, George Michael Zimmerman failed to identify himself as a concerned resident or a neighborhood watch member to Trayvon Benjamin Martin.’
The story also notes that Zimmerman took not one, but two lie detector tests, passing both. Serino’s official statements also appear contradictory:
An unedited version of Serino’s sworn statement shows he believed the injuries were ‘marginally consistent with a life-threatening violent episode described by him, during which neither a deadly weapon nor deadly force was deployed by Trayvon Martin.’
Serino recommended a manslaughter charge, and explained in his report that Zimmerman was initially released because his account ‘appeared generally consistent with the facts and circumstances known at the time.’
I’ll delve into the substance—such as it is—of Serino’s statements shortly. It might also be worthwhile for readers to reacquaint themselves with the first article in this series, where I discussed the reality that police officers often disagree about the nature of evidence and about whether a given person should or should not be charged with a given crime. None of this is unusual, and various checks and balances exist to ensure, to the greatest degree possible, that the innocent are not prosecuted and that the guilty are.
DEMOTION/REASSIGNMENT:
SPD Sgt. Morgenstern tells us that Serino has not been demoted, but merely reassigned, and that he will keep the same rate of pay, and that he requested the “reassignment.” This is likely essentially true but entirely misleading. Here’s why:
In most agencies, investigators enjoy far greater prestige than patrol officers, even patrol supervisors. They are specialists, generally considered to be far more capable, experienced and wise than patrol officers or even administrators. Becoming a detective is normally a promotion, and is not normally bestowed until one is recognized as being much more proficient in the skills necessary to function as an investigator than patrolmen possess.
While detectives do not normally outrank patrol sergeants or lieutenants, when they are called to a crime scene, sergeants and lieutenants defer to them. In fact, each division in an agency has its own sergeants, lieutenants, etc. A detective sergeant would normally be accorded higher prestige than a patrol sergeant even though they commonly have the same rank and pay. And while detectives are often on call for some portion of any year, they have many much-coveted perks, such as working essentially 9-5, Monday through Friday, having holidays off, having clothing allowances to purchase required suits, far more flexible working conditions than patrol officers are allowed, often their own offices and other goodies.
All of this is one aspect of policing that TV and the movies actually get mostly right. Once an officer becomes a detective, returning to patrol is normally considered a demotion and a serious loss of face. Detectives either remain detectives for the remainder of their careers, or they go into supervision or administration, becoming sergeants or higher ranking officers, in which case a return to patrol to supervise a shift is not automatically considered a step down or loss of face.
It is true that in some agencies, pay scales do not significantly differ and a detective might return to patrol with no reduction in pay or benefits, however, this ignores the reality of pecking order and prestige associated with many police assignments. For example, a patrol officer who is a member of a SWAT team will almost always enjoy greatly accented prestige over his non-SWAT colleagues, though he makes no more money and enjoys no higher rank in comparison to them. The truth is, while some people do enjoy patrol work, and are highly intelligent and capable, patrol officers are considered the bottom of the ladder in experience, ability and often, intelligence in any police force.
Few officers, once detectives, willingly return to patrol. Fewer still would return to the midnight shift. Patrol work revolves around three shifts: days, mids and midnights. The day shift might work from 0600-1400, mids from 1400-2200 and midnights from 2200-0600. Generally, the most experienced, senior officers work days, which provides a lifestyle most like the rest of the public. That shift is usually the least frantic in terms of types and volume of calls. Mids is often the most frantic shift and officers can find them selves essentially running from call to call and compiling huge amounts of overtime in report writing when their shift ends. This shift is obviously not conducive to a happy family life. Midnights are likewise difficult, because one is essentially entirely out of synch with the rest of the world, sleeping when they’re awake and working, and dealing only with the creatures of the night.
During my patrol days, I loved midnights. I’ve always had excellent night vision and my biological clock favors that time. This made me popular with my colleagues as it opened one mid or day slot for less senior officers. However, I was absolutely in a very small minority of officers who shared the same sensibilities.
While what Sgt. Morgenstern says may be possible, even technically correct under SPD rules and pay scales, very few detectives would ever voluntarily return to patrol, and fewer still would choose the midnight shift as they would likely have the seniority to choose days.
FACT AND SUPPOSITION:
The Conservative Treehouse continues to do excellent work on this case. In a June 26 post, they recount the story of the video of Zimmerman, in handcuffs, in a police garage the night of the shooting, used by ABC News to claim that Zimmerman had no injuries. It was, of course, quickly proved that the grainy, blurry video was fraudulently used and Zimmerman had real and obvious injuries, facts ABC was hastily forced to admit. Guess who was responsible for that report? Right again: Matt Gutman. Here’s a screenshot revealing a Twitter exchange from Gutman on June 26:
TCT contacted the SPD—as did I in regard to the lobby security video—and wrote:
Now we know that recording was done by Lead Detective Chris Serino who was also the source of numerous exclusive ABC leaks.
Chris Serino was obviously disciplined and given the opportunity to resign from his position and take another position as ‘Night Patrol’, where he can wait til his retirement.
ABC’s Matt Gutman has exposed ABC to considerable litigation risk and has been reassigned to a foreign coorespondent role. He was shipped out of the country by ABC and tweeted this morning from Tel Aviv.
Everything Matt has reported on this issue is now suspect. Including the ‘exclusive’ DeeDee recording interviews.
In a June 27 post, TCT speculated on how Serino, Gutman and the now-fired Chief Lee fit into the situation. TCT hypothesized that Serino held a grudge because of Zimmerman’s loud, effective and persistent support of Sherman Ware, a black homeless man beaten by a relative of a SPD officer (which was not good for the “Zimmerman is an anti-black racist” narrative). It’s also possible he didn’t like Zimmerman because he considered him a vigilante and do-gooder usurping traditional police roles—an attitude common among police officers. TCT also suggests that Serino knew Zimmerman didn’t violate the law, but could—by doing some things differently—have entirely avoided the situation.
TCT’s take on Gutman is concise and accurate:
Matt Gutman – Matt’s role was easy. All he had to do was accept the leaked information, package it to fit the tasty “exclusive” narrative, and sell it to ABC producers and executives who heralded the brilliance of his investigative reporting. Lights, Camera, Action lots of face time on TV stations around the nation explaining the story. The Crumped up story.
Gutman’s relationship with Media Consultant Ryan Julison endeared him to the Scheme Team. He was given even more exclusives when Benjamin Crump introduced the heavily made up “DeeDee” factor. I mean, c’mon. What valid reporter would accept an interview opportunity where they were not allowed to ask questions and then sell it as journalism? Matt Gutman would, and did.
Oh how delicious and tantalizing those days of lead headlines were. The spotlight was intoxicating, and the nation was filled with high praise for his advocacy. The race baiters loved him, the wool-eyed kool-aid drinking sheeples loved him, life was grand. It was easy too. Unfortunately, too easy; and incredulously too obvious for an objective viewer.
As for Chief Lee, political excrement often rolls uphill too, and in this case, TCT posits—correctly, I believe–the politics did him in.
The invaluable Jeralyn Merritt at Talk Left also wrote about this situation. Her article focuses on the various leaks and news “exclusives,” and is, like the work of The Conservative Treehouse, very much worth your time.
Here’s the conclusion of her post:
My point is there have been a lot of leaks in this case. Matt Gutman has gotten more exclusives than anyone else, but I’m not sure all his information comes from Serino. I believe him that he would never (intentionally at least) burn a source. So maybe someone besides Serino told him Serino was the leaker, or maybe the leak he was blaming on Serino wasn’t the police arrest video.
I’d rather know who leaked the substance of Zimmerman’s post-shooting statements and medical records to the media than his arrest video. A defendant’s statements and medical records are protected from disclosure by law. If law enforcement leaked those, in my view that officer or agent should be fired, not just transferred.
On the other hand, perhaps it was Serino who leaked the arrest video to Gutman, to counter the leak of Zimmerman’s statements that he was attacked by Trayvon to the Orlando Sentinel, which in turn prompted the Sanford Police Department to release the full video of the arrest at the station, which did show injuries, causing ABC and Gutman to eat some crow.
The Orlando Sentinel reported the leaked information on Zimmerman’s post arrest statements on March 26. On March 27, Gutman tweets ABC confirms State Attorney rejected police recommendation to arrest Zimmerman after he shot #Trayvon Martin”.
There likely was no such recommendation, at least not in writing. Serino’s capias request wasn’t until March 13. On March 27, the same day Gutman made the claim, the Sanford Police denied it. Gutman then revealed the leaked police station arrest video which ABC believed showed no injuries on March 28. These all seem related.
All in all, it’s another chapter of As the Worm Turns in the mostly pro-prosecution coverage of the George Zimmerman case.
Indeed.
ANALYSIS:
What likely happened? It’s highly unlikely homicide detective Serino suddenly developed a longing for the midnight patrol work of his youth after 15 years on the SPD. Patrol work really is for the young for good and compelling reasons. Some police officers look for the one case that can “make” their reputation, that can catapult them above and beyond their colleagues. Perhaps Serino thought the Martin case would be his up elevator to stardom. It is equally possible, however, that he is one of those personalities that does not take well to being wrong or overruled, whose sense of propriety was so offended by the fact that his recommendation for a manslaughter charge was denied that he took it upon himself to make everyone see that he was right. It’s also possible that he’s one of those people (not uncommon in law enforcement) who, when they take a dislike to a suspect (or others) do all they can to see they get what they believe is coming to them regardless of fact, law or rationality. It’s also possible he’s just a good cop who really believes in his work, but then again, good cops tend not to leak information harmful to their agencies to the jackals of the national media.
As I’ve often written, the Martin case is truly unremarkable. Similar cases occur every day and are handled professionally and quietly by the normal investigative and prosecutorial processes of the criminal justice system. In such a case an investigator like Serino—if he truly is a negative, obsessive type of personality (also not uncommon in law enforcement)—would have few options. The case would be over, and he could engage in some local grousing and name calling, perhaps a bit of behind-the-scenes undermining of those he considered to lack the proper respect for his opinions and abilities, but no more.
Ah, but this case was different. For Sanford—and perhaps for Serino—it was a once in a lifetime opportunity, and like Mr. Obama, he would not let a crisis go to waste. Local grousing, name-calling and undermining could have effects on a national scale and if done right, there would be nothing but bad consequences for those he opposed (mark Chief Lee as one notch in the grip of his Colt .45) and vindication, shining rectitude, even celebrity, for him.
If this scenario is accurate, Serino didn’t understand the nature of those with whom he was dealing. The pushers of the narrative–the race hustlers, the lawyers, and media, cosmopolitan morally and intellectually superior beings all– could care less for any mere “local,” particularly any local cop, even one that is momentarily useful. They would encourage and use Serino—or anyone in his position—until their usefulness expired, and throw them to the wolves in a millisecond. E-mails and calls would suddenly not be accepted or returned. Hubris always invokes Nemesis.
Political Realities In The Court of Public Opinion: Now we come to the really interesting—and sordid—speculation. The City of Sanford, beaten with the ugly stick of racialism, spending huge amounts of non-budgeted money, facing untold numbers of frivolous lawsuits, its elected officials the objects of scorn, likely death threats, and unwanted scrutiny and publicity the likes of which none of them imagined in their most vivid nightmares, surely wanted it all to go away. They likely knew—in at least some sense—that the SPD made the right call in the Martin case. They knew that Zimmerman was not chargeable. They knew that morally and rationally, they had an obligation to support their police department, and that they should not involve themselves in law enforcement decisions, for so doing would have grave and long-lasting consequences for the independence of law enforcement and the necessity of its freedom from politicized policing. They knew all of this, but then along came the Martin case, and…damn!
So Chief Lee voluntarily stepped aside shortly after the case went national, but they remembered their ethics and proper role and brought him back and supported him. Until, that is, the whole mess didn’t blow over, and leaks started appearing, and the temperature increased, and they eventually threw him completely overboard. But that didn’t solve their problems.
The case being tried in the court of public opinion wouldn’t leave them alone, and that lunatic special prosecutor wouldn’t leave things alone either. Day after day, new and embarrassing developments appeared, and even though many didn’t specifically target Sanford or local politicians, they were inevitably going to be collateral damage when the case was over and the media circus went away—if it ever did.
And along comes the revelation that Serino has been leaking information to the media, in essence, stabbing his fellow officers, the local prosecutor, and local politicians in the back. Yet, he’s an integral part of the official Martin narrative, the one, brave cop daring to tell truth to power. And as the lead investigator who is inevitably going to have to testify, he couldn’t be tossed over the side with an anchor affixed to his ankle, at least not just yet, as angry as those in power almost certainly were with him. If anything, in the court of public opinion, Serino’s stock suddenly skyrocketed upward to new heights. As the apparently lone police voice in support of the narrative—and now a true believer made to suffer for his racial and social justice purity by “the Man”—Serino couldn’t be overtly punished or silenced.
On the other hand, such a loose cannon was even less likely to stay on the reservation. More or less immune to firing—at least that’s something to be avoided for the moment lest he really become a martyr and The Narrative supporters chip in to file a wrongful termination lawsuit on his behalf–he would almost certainly be more rather than less likely to continue to leak, and to leak even more embarrassing materials. What to do? Here, gentle readers, is how it’s done in the real world of law enforcement:
(1) Resolve, once the entire mess eventually died down and the media and narrative purveyors could care less, to see that Serino gets what he truly deserves. But for now, file that under “future just desserts.”
(2) Remove him from any role in the Martin case whatever, and further remove him from anyone with any knowledge of or any access to materials about that case.
(3) Put him somewhere with as limited access to people—particularly the media—as possible, where every moment of his time and location can be accounted for.
(4) Explain to him in unmistakable—and likely forcefully obscene–terms that if he does not keep his mouth shut and if he does not immediately cut any and all contacts with the media and other assorted parasites, the “future just desserts” file will become the “whup your ass right now” file, with the implementation of consequences in all three realms—departmental punishment, criminal charges and revocation of police certification–mentioned at the beginning of this article.
(5) Give him the option of “voluntarily” choosing banishment to the midnight shift as a patrolman–with the unspoken possibility of quietly finishing the last years of a 20-year career and an equally quiet retirement and pension–or the immediate imposition of number 4, with all of its decidedly unlovely probabilities. Maybe he’ll get the real message and resign and just go away.
Thus has homicide detective Christopher Serino, semi-famous lead investigator of the notorious Trayvon Martin case, decided to quietly—and immediately–retire to the relative serenity and obscurity of the midnight patrol shift in the previously unremarkable city of Sanford, Florida.
Realities of the Real Courts: For Special Prosecutor Angela Corey, Serino is almost certainly a star witness. If Corey has any professional acumen—and her actions thus far suggest reason for doubt—she would realize that Serino’s primary value is in the court of public opinion, not in the real courts. Not only was he overruled by his superiors and by the local prosecutor, the evidence, and the convoluted reasoning of his reports, would make him a liability rather than an asset in a real court of law.
For example, consider these quotations from the aforementioned Miami Herald story:
An unedited version of Serino’s sworn statement shows he believed the injuries were ‘marginally consistent with a life-threatening violent episode described by him, during which neither a deadly weapon nor deadly force was deployed by Trayvon Martin.’
Serino recommended a manslaughter charge, and explained in his report that Zimmerman was initially released because his account ‘appeared generally consistent with the facts and circumstances known at the time.’
I could go into exhaustive detail about Serino’s reports, but these few comments will provide sufficient understanding. Serino clearly understands that Zimmerman is not chargeable, but his ego won’t allow him to let it go. On one hand, Zimmerman’s injuries were “…consistent with a life-threatening violent episode,” but only “marginally” consistent and it was a “life-threatening violent episode” without “…a deadly weapon nor deadly force.” This is bizarre language indeed in any police report.
Police officers, particularly investigators, detest uncertainty and lack of clarity. They want to know, without doubt, what happened, who did it, why, and what they deserve as a result. Injuries are consistent with a life-threatening assault or they are not. Notice how Serino avoids calling it an “assault.” Notice how he avoids placing any blame for the “episode” on Martin, who did not use a deadly weapon or deadly force, yet still somehow produced injuries consistent with a life-threatening assault. What, one wonders, would have been required for Serino to remove “marginally” and to change “episode” to “assault?” An open skull fracture? Broken bones (more so than Zimmerman’s broken nose)? Some degree of hideous permanent disfigurement?
And most amazingly, Serino writes in a report that despite his recommendation for a manslaughter charge, Zimmerman was not charged because his account “appeared generally consistent with the facts and circumstances known at the time.” The mere fact that Serino wrote anything like that in a police report is outside the realm of proper police writing, indicative of improper bias against Zimmerman and equally indicative of an unprofessional lack of objectivity in this case.
It’s important to know that every police officer, from virtually their first day in uniform, is drilled that police reports contain only facts, no opinions, no literary descriptions and flights of fancy, just facts. Officers write about what they saw, heard, and did, and about the actions of others they can prove. They do not write suppositions, try to justify their opinions, or make points against fellow officers with whom they disagree. That a detective, a man with 15 years of service with the SPD, would do this is particularly disturbing.
It’s equally important to understand that no judge in his right mind would ever allow Serino, or any police officer to express his opinion on the guilt or innocence of a defendant; such testimony would be blatantly prejudicial. The determination of innocence or guilt is reserved for the jury. Likewise, no officer would be allowed to express his opinion on the validity of charges. That’s the territory of the prosecutor, and would also be prejudicial. I’ve little doubt Ms. Corey will try to get such improper and plainly prejudicial testimony on the record. If she succeeds, that alone could be sufficient grounds for a mistrial. If the judge is so unprofessional or unaware as to allow such testimony, that would easily constitute reversible error in an appeal–if necessary,
Let’s put Serino’s extraneous explanation in real police language, which in this case coincides exactly with common sense and every day language. Zimmerman wasn’t arrested and charged with manslaughter because his account was fully supported by all known evidence, and there was no evidence—none–to contradict his account. In other words, he had a valid self-defense claim that was not in any way refuted by any actual evidence. In law enforcement—to say nothing of everyday reality—this means no criminal charge: the end.
Serino’s qualification “known at the time,” is also unnecessary and bizarre. When he wrote that phrase, the SPD investigation was, for all intents and purposes, over. Detectives are constantly pushed to close cases, to write a final report to that effect so they can move on to other cases, and there are always other cases. While it is always possible to re-open a given case if new evidence warrants it, this case was done. As I noted in Update 3, which recounted the testimony of special prosecutor investigator Dale Gilbreath at the initial, April 20, 1012 Zimmerman bond hearing:
* Gilbreath admitted that he did not interview Zimmerman. [This means that everything he and his fellow investigator knew about Zimmerman’s statements came from the materials collected by the Sanford Police. He has no new evidence in that part of the case.]
* Gilbreath could not justify the use of the word “confrontation” in the affidavit and looked very evasive in avoiding it…
* Gilbreath admitted he had no idea who started the fight.
* Gilbreath admitted that he had no evidence that conflicted with—no evidence to prove otherwise–Zimmerman’s statement that he was walking back to his truck before being assaulted by Martin.
* Gilbreath admitted that he had no evidence that conflicted with—no evidence to prove otherwise–Zimmerman’s statement that Martin assaulted him first.
* Gilbreath admitted that Zimmerman’s injuries were consistent with his account of the attack. Amazingly, he also admitted he hadn’t read Zimmerman’s medical records from that night and that he had never requested a copy of those records.
In other words, even for the special prosecutor, the SPD investigation—and particularly the complete cooperation of George Zimmerman—would be the last word on what happened that night. They had no evidence to prove that Zimmerman’s self-defense claim was invalid, rather, all the evidence gathered by the SPD and all of the evidence subsequently gathered by the special prosecutor revealed the same thing: Martin initiated and pursued an assault, put Zimmerman in genuine fear of serious bodily injury or death, and Zimmerman acted in lawfully justified self-defense. Serino’s obvious dislike of Zimmerman and his need for self-justification could not change the facts.
FINAL THOUGHTS:
Serino may yet have some utility as a sort of social justice martyr for the purveyors of the narrative still working the court of public opinion. However, it’s equally likely that given their general dislike for the police, he may already have less value to them than yesterday’s protest flyer.
And so, like Dee Dee, former detective Serino has become practically radioactive. No rational prosecutor would want to put either of them on the witness stand, as their testimony would be far more harmful than useful. Any competent defense attorney would have no difficulty in using Serino’s own mutually exclusive words to portray him as unprofessional, obsessed and irrational. They would also have no difficulty in exposing why detective Serino became patrolman Serino, and would be able to call the police and city officials having knowledge of Serino’s “reassignment” to absolutely obliterate his credibility. It’s one thing to maintain a fiction for public consumption for political reasons, and quite another to commit perjury to protect the professional reputation of someone like Serino. The true reasons for his “voluntary” transfer to the midnight patrol shift would inevitably be exposed.
Yet, I fully expect Corey to put Dee Dee and Serino on the stand—if the case ever gets that far—imagining that she alone can use them to devastating effect. From what I’ve learned of her and her methods, I suspect her ego would allow no less.
As I’ve previously written, in a normal case, this matter would never have been charged, as it initially was not. If it was charged, it would never reach trial, Zimmerman’s unchallenged self-defense claim prevailing and mandating a dismissal, perhaps even a dismissal with prejudice (preventing a future re-filing of the case). Unfortunately, any judge will consider the social and political upheaval inherent in this case and will not want to be held responsible for the almost certain violence, rioting and other consequences of a dismissal. He will almost certainly bind the case over for trial and let the system fully deal with it–let a jury take the blame–even though there is insufficient probable cause for a trial.
There are many potential lessons to be learned from this case, but I’ll defer them until the dust has finally settled on the state criminal portion. If Barack Obama is still in office in 2013, there will almost certainly be a federal case for violation of the civil rights of Martin.
Oh yes—what about Matt Gutman? It would appear to be almost impossible to embarrass the Lamestream Media, or to cause them to feel any shame about their obviously unprofessional and biased actions. When the heat dies down, it’s likely Mr. Gutman will return to America and have a long and biased career at ABC News, just like the majority of his peers.
POSTSCRIPT: On 06-30-12 I watched a segment on Det. Serino on Fox News during the late afternoon. The segment discussed Off. Serino’s transfer and featured two “experts” who “analyzed” that transfer, but what was entirely missing was any information about why he was transferred. There was no mention whatever of the fact of Serino’s leaking information to the press–the Fox talking head obviously had no idea of that essential aspect of the story–and so the “experts” opined that Serino’s transfer seemed fishy and political. You don’t say!
I’ve generally found Fox to be far superior to the other media choices in terms of content and balance, but they sometimes miss the boat, as they did here. We should all be grateful to Dan Rather. Without his lack of journalistic ethics in the Rathergate debacle, it may have taken much longer for the public to understand the news value of the blogosphere.
Mike,
Excellent work, as usual!
If Zimmerman’s legal team doesn’t at least have an intern keeping up with your site, they’re missing the boat!
“Mike,
Excellent work, as usual!”
+1. Thorough and incisive. Keep up the good work.
Dear JOC56:
Thanks so much!
Dear Packetman:
Thanks for reading and for your comment; you’re most kind.
i will second this opinion. This is the most thorough comment that I have seen to date, and it is far better than anything at the Conservative Treehouse.
Aussie- Just because you had some disagreements with some at the Conservative Treehouse is no reason to stoop to pettiness in going elsewhere to knock the entire site. At one time, you actually thought that site was really great, and actually posted that in some comments. You’re better than that. Every site that hasn’t jumped on the anti-Zimmerman bandwagon is needed and necessary to maintain facts, truth, and equal justice for all.
whatever Sandy. That site is pretty disgraceful right now.
Wow, I was right there with you until you mentioned “Dan Rather” and “ethics” in the same sentence. I followed the JonBenet Ramsey case from 12/26/1996 until now, and Dan Rather was to that case what Matt Gutman is to this case. Lin Wood, the attorney for the Ramsey’s, even featured Dan on his legal website. I watched him spin night after night – many times outright lies.
Other than that, awesome article as always!
Dear V.P.:
Actually, I think you’re with me all the way. My comment about Rather was ironic/sarcastic. My point is that it was Rather’s lack of journalistic ethics that really brought the blogosphere to prominence. After Rathergate, never again would the lamestream media have a monopoly on informing the public, and it was primarily due to Rather, one of the pillars of that kind of biased reporting.
Thanks for your comment!
Even in Australia we heard about the JonBenet Ramsey case and the way in which the media were trying to blame the parents, in particular her father, for her murder. I have not heard whether or not there has ever been a solution to that case… but yes, it was one of those cases where there was media spin and sensationalism.
I think we should all take into consideration that Natalie Jackson had previously done the exact same thing in the Collison case (or w/e the cop’s son’s name was who beat up homeless guy on YouTube.) She even had Ryan Julison working as the victim’s spokesperson. Trayvon wasn’t their 1st rodeo in Sanford, FL. They just drew a much bigger bull this time.
If being made a detective isn’t a promotion, we wouldn’t have been calling him Detective Serino — he just would have been Officer Serino all along.
Mike, first, thanks for the hat tip. Secondly, I have to tell you how much your perspective, from a law enforcement agent’s point of view, is appreciated.
There is no doubt in my mind that Serino got bumped down to, and not suspended, in order for the Sanford City Council, who demanded Lee’s resignation, to avoid the heat of allowing a “leak” to continue to be involved in this case.
I would say that any criminal defense attorney would be able to rip Serino a new one if Corey put him on the stand. But my faith in O’Mara is shaky at best. So far, outside of O’Mara’s question of Gilbreath, I am not impressed.
We, here in Texas, not only cling to our God and guns, but we also understand that we have the right to defend ourselves, and our families, from those who would do us bodily harm. And example is the recent case of a young man who ran to his five year old daughter’s aid when she started screaming and beat her wannabe rapist to death. The sheriff’s office dealt with that case in the proper way, taking it to a grand jury and withholding the name of the little girl’s dad. While he will have to live with killing a man, his little girl will grow up knowing that her daddy really is her hero. And he did not have his life ruined by some cop, or prosecuting attorney, looking to make a name for themselves by forcing his name out to the public.
My take on Serino –
Listening to Serino’s public statements to the press and private statements to witnesses, it is clear he believed George’s version of events, and whole heartedly that George was the one screaming.
I think he did a good enough job on the interview, he tried to trip George up to see if his story would change, and at the end of the day, Serino believed him.
Still, you have a dead unarmed minority 17 year old, who although from later reports is clear was a troubled teen knee deep in the gangsta culture, it is also clear Trayvon was far from a gangbanger, and had many possibilities to turn his life around…and there is a decent enough chance would have.
I think Serino was no fool and was aware from the beginning there could be blowback from the african american community if George walked scott free with absolutely nothing.
So from his perspective, he put it in the hands of the prosecutors. In affect Serino said to the prosecutor. Hey, this is what I got, if there is enough for a manslaughter charge, you let us know.
Well the prosecutor said not enough. And it all would have ended but of course the racial grievance lynch mob came into play…and with a vengeance.
At first, Lee and Serino tried to pushback from the onslaught (notice Serino’s and Lee’s public statements), but were soon overrun with the press cooperating with the perpetually outraged and even manipulating the available information to create a bigger story and egg on the lynch mob on even more.
The police in desperation mode (I wouldn’t be surprised if it was both Lee and Serino) released information that at least tried to get the police away from the line of fire. I think an important thing to remember is that most of the information released was positive for George. Although the media did it’s best to spin it the other way.
All in all, going after Serino seems like a mistake to me. But it’s just my opinion.
My friends at Conservative Treehouse, seem to have OMara in their crosshairs now too.
I don’t get it.
Dear Tom:
You’ve hit on what happens when people become too caught up in these things. I write about this case because I have some expertise in these matters and because my readers want a different take on the case. This is, in large part, why I stay away from trying to pronounce too much on the political maneuvering involved in such things. We’ll likely never know precisely who leaked what and what their motivations were. As this article notes, any such leak is an enormous problem of trust and law in any law enforcement agency, and I’ve explained why, and how agencies tend to deal with such things. Do I know that’s precisely why and how things happened? Certainly not, but at least my readers have a bit more insight into possibilities.
As you noted, things are confusing. At first the word was that Serino objected to the original decision not to charge Zimmerman. Then the SPD–including Serino–released statements saying that wasn’t true. Then it reversed again and Serino’s reports, as I noted, seemed to suggest that he was upset and disgruntled, etc, etc. However, Serino’s “transfer” is unusual and highly unlikely absent some real infraction, such as releasing unauthorized information (as well as other possible offenses).
I’ll just do my best to explain things from a criminal justice system procedure and law-based perspective and we’ll see where it goes.
Thanks!
Tom, I think you need to spend time reading the tea leaves in this case. The leaking is a very serious matter and Serino’s fingerprints have been all over that leaking.
This is why Mike’s take on the demotion of Serino is very interesting. He fills in a lot of the gaps as to why Serino is now doing night patrol duties as a plod.
Head injuries like those sustained by Zimmerman are a very serious matter. It does not take much to kill somebody with a blow to the right spot on the head.
The folk at the ConservativeTreehouse tend to be very impatient people. Most of them got it right about Serino. His name cropped up a lot with him being the one name people kept on naming as the source for those leaks. What it took to put the 2 and 2 together were other little facts such as Serino’s relationship to the Collison case. As it happens George Zimmerman was the one who was pushing for something to be done and then the grievance mongers got in on the act (they just do not want to acknowledge their own relationship to George Zimmerman, they are that despicable).
As for the push against O’Mara, well I do not agree with them, and I am just sitting back to wait and see what happens next.
Aussie, good to see you alive and kicking. I miss your presense over @ the treehouse. I don’t know if youv’e been following stuff over there or what I’ve written, but I’ve become one of the very few MOM supporters; even a lengthy debate with SD about him. Sad. I believe that the showing of animosity is playing into Corey’s, Crump’s, et al. hands.
Again, nice to “read” from you again.
ejarra, those current posts over there are turning me off! I think O’Mara has been doing a fair job, and we must wait and see as to what will happen next. He did not convince Don West to join him just to throw the case.
ejarra you and Sandy have been named and shamed. Those posts are a real turn off.
I noticed. The sad thing is SD is telliing those opposed to him believing that MOM should go to leave and no longer post.
I know something that will only allow me to say that this is karma.
It is sad, but there are other places to post. I want to have a conversation without the nonsense.
Tom, you said:
“I think this Serino was no fool and was aware from the beginning there could be blowback from the african community if George walked scott free with absolutely nothing.”
I disagree. Anytime the “african” community gets their Hanes all in a wad over an event like this, it is because someone is egging them on (Jackson, Sharpton, et al).
No one thought there would be any racial blowback until the Just-US Brothers got involved. George Zimmerman, after all, is Hispanic, also a minority.
There is not a law enforcement agency in the United States that isn’t aware of how false outrage can be stirred up by the poverty pimp class. I am sure that Mike can address that better than I can. But the truth of the matter is; riots pay. And it keeps the faces of those who no one should pay attention to on the front page of newspapers.
A few days ago, a 10 year old little girl was shot twice while playing outside her home in Chicago at 11:20 p.m. Where was her parents? Well, it seems she only has one, a mother, and like so many black children is missing a dad. Her mother, it was reported, was off getting her hair done, and had left the child in the custody of her boyfriend who has a rap sheet as long as your arm and is known to hang around with drug gangs. The police suspect that it was a drive by shooting aimed at taking out the boyfriend. So instead of being a respectable parent, having her child in bed long before almost midnight, mama was getting her hair done and putting her child in harm’s way by associating with a known criminal.
You will see no “blowback” from that case.
George Zimmerman protected his own life by taking another life. That was his right. And Trayvon Martin was a 17 year old boy who was at his dad’s girlfriend’s house because he had been suspended from school for two weeks, not a minor punishment and not for a minor infraction such as “tardiness” as reported by his father. So tell me, where were the parents on that night of Feb. 26th? Would you leave your 17 year old alone at night who clearly had discliplinary problems? I know I would not.
The Martin/Zimmerman case is only remarkable in the respect that the poverty pimps got involved because Zimmerman is a [white] Hispanic and they could once again push the meme that we are an extremely racist nation which helps increase the balanace in their own bank accounts. The real crime here is that media jumps on that bandwagon and promotes a premise that is no longer true and helps the poverty pimps keep their faces on the tv screen and on the front page of newspapers, defending parents that abdicated their responsibility to a troubled 17 year old.
That is the real story.
Interesting stuff, Mike – and I too agree that Serino’s change of assignment definitely conveys the message that he was called on the carpet for some sort of impropriety. The media spokesperson’s statements notwithstanding, the SPD must also know that this is the perception people are walking away from. Had Serino done nothing wrong, I should think his command structure would have encouraged him to pick a different time to request a change in duty, so as to avoid arousing suspicion. That they did not do so says to me that the situation is precisely as it appears to be.
Reading the newspaper article, though, I’m struck by something else I wanted to ask about (and forgive me if you’ve already answered it someplace): The media account says “Serino said the relative size of the two fighters, coupled with the fact that neither had specialized training in hand-to-hand combat, meant Zimmerman was not at any ‘exceptional disadvantage’ when the two scuffled on the ground.” My question is, why does Serino think this issue is important? It is surely true that the presence of a great disparity of force may be probative for the decision to use deadly force – for example, a 120-pound woman might be justified in using lethal force earlier in a conflict that a 280-pound combat-trained male in the same situation. But I don’t think the reverse is true – the fact that there was NOT a great disparity of force between Zimmerman and Martin does not necessarily mean that Zimmerman was NOT justified in using deadly force.
Or am I missing some nuance of Florida law here? (I am a paralegal, but not in Florida, and I’m not as familiar with Florida’s laws on self-defense as I am with those of my own state.)
Dear Tammy Cravit:
Thanks, as always, for reading and for your great question. I had not addressed this particular comment specifically elsewhere, though I did allude to the general principle involved.
As you surmised, this is a non-issue; there is no reason for any police officer to write this sort of thing in a report. It would be like writing: “the fact that it was day at 10 AM had no bearing on the accident.” Police officers write about things that actually matter, not things that need not be mentioned at all.
Why did he do it? I’m guessing here, but it would not be unreasonable to believe that Serino knew that after the first punch that broke his nose, Zimmerman was stunned, and from that moment forward, at a actual and significant disadvantage, essentially unable to effectively protect himself or carry the fight to Martin. All of the known evidence points clearly to this. To build a case for a manslaughter charge, simply stating this fact–again, clearly supported by the evidence–would not do, so he tried to distract and insinuate, here and in other parts of his report. If Zimmerman was truly stunned and essentially out of the fight, on his back on the ground being beaten and unable to defend himself, his case for deadly force in self-defense–manifested in seconds and on the spur of the moment–is great. If this was mutual combat between two more or less equally matched and willing combatants, neither gaining any real advantage over the other, getting as good as he got, then there is no justification for deadly force. If this is not the motivation for this and similar statements, I’m at a loss to understand why Serino did it, other than gross incompetence, of course.
So no, I don’t believe you’re missing any aspect of law here. I suspect what we have is a police officer desperately trying to build a case for a felony unsupportable by the evidence, which is likely why his own agency and the local prosecutor did not go for it. And now Zimmerman is charged with second degree murder based on the same (lack of) evidence…
Good morning Mike. Another excellent report.
There was another issue in Serino’s reports that I believe was very destructive, and may have in fact helped fuel the racialist narrative. In Serino’s report dated 3/13, he included language something to the effect that GZ only ever called the SPD to report on suspicious young black males. I believe he said that after checking the records, all of GZ’s calls were against blacks. He named 4 dates as examples.
The early Aug. dates he mentioned included the incident when the young mother, home alone with her infant, watched two young black males banging on her front door, and when she didn’t answer, she watched them go around to the back sliding door to break in. Before they got in she ran upstairs and hid in a bathroom. I don’t know who called the police, but the mother reported that as the police arrived, they watched the two males run out of the back door, and got away. Do the police not try to run after those they witness leaving the scene of a crime? From another one of the dates he mentioned, a young black male was in fact arrested because he was seen at the complex the next day by some roofers who called to report seeing him the day before at the scene of a break-in.
I don’t remember when the doctored 911 tape was played on leftist TV, where they eliminate the dispatcher asking GZ if the person was white, black, or hispanic. It was a purposeful doctoring to make GZ appear to be a racist. I don’t think it was until later in March when the Julison/Gutman/Crump/Sharpton/Jackson racist narrative really took of and spread through the nation. Serino’s 3/13 investigation report was released to the public with the first discovery dump. In one of Serino’s reports he said that in the first few days after the incident, he took Tracy Martin into a separate room, and told him GZ’s account of what happened, and that he didn’t believe him. He also had to have told Tracy that he wanted to arrest GZ, but that he wasn’t allowed to do so by Chief Lee and Pros. Wolfinger. The stories were wild with him incompetent the SPD was, the racialists demanded that Wolfinger and Lee be fired. The law, and innocent until proven guilty had no value in their reporting, and still doesn’t. That intervew was not recorded by anyone to my knowledge. It was right after Tracy’s meeting with Serino that Tracy went home and immediately started lawyering up. Tracy Martin was given a boatload of investigation information from Serino that at least helped to further the GZ is a racist, and the entire SPD is corrupt narrative.
BTW, Matt Gutman may be physically located in TelAviv, but he is still reporting on the Martin/Zimmerman case. I listen to 105.9 WMAL which hosts conservative talk hosts, but there national news breaks come from, wait for it………ABC news. Yesterday and today Matt Gutman’s reports on GZ getting out on bail have been played. He is still very much involved in the case that he hoped would have made him famous.
Dear Sandy:
Good to have you back! Part of the “proof” of “profiling” is traditionally that the police only arrest and/or “harass” black people or members of other preferred victim groups. It’s interesting that Zimmerman’s neighborhood has a substantial black population, as does Sanford. From what I’ve been able to find about Zimmerman’s calls to the police–calls the police wanted him and other members of his community to make (see Update 8 for information relating to the SPD’s close relationship with Zimmerman and his neighborhood)–Serino was quite incorrect. Many of those about whom Zimmerman called were apparently black, but certainly not all.
Considering the nature of the neighborhood and crime trends in Sanford, this would be expected. In the last community where I worked, there was a very large American Indian population. Depending on which district an officer worked, they might end up arresting almost exclusively Indians because the population of a number of districts was almost exclusively indians. “Profiling” had nothing to do with it; the majority of people committing crimes in those districts just happened to be Indian.
As you know, many–including the prosecution in it’s faulty charging affidavit of George Zimmerman–have tried to suggest that Zimmerman “profiled” Martin. Denotatively and legally that’s nonsense.
I’ll recommend an excellent article on this topic by Heather McDonald at City Journal. Thanks again.
Thanks for that link Mike. What a fascinating and fact based analyses of the black crime rates, which have nothing to do with bigotry. It fits like a glove with your analysis of the crime rates in Sanford. I had at one time looked into those Sanford crime rates for various crimes committed there, and I was somewhat surprised to see that on a scale of 1 through 100, with 100 being the safest areas in the country, Sanford rated a “3.” In every crime category they were not only above every other city in Fla. including Miami, they far exceeded the rates in every city in the country.
When the real estate crash happened, and property values decreased tremendously, the Retreat at Twin Lakes suffered along with so many other communities. I’ve read that the Retreat became a transient rental community, and crime increased drastically. I believe that it was officer Dorival who was in charge of the Neighborhood Watch program there, asked if the board was even doing any type of checks on who the condos were being rented to. It’s my opinion that the fact that GZ stepped up to the plate, as one of the few, if not only, person to use his own personal time to watch out for his neighbors. From some early reports in this case, someone from the SPD provided information that GZ called 911 something like 30 times. Of course it was not in the short time period that many were lead to believe, but it was over about an 8 year period. If the complete state discovery is ever released, it will include the number of 911 calls from everyone there, and there is a report from officer Dorival that lists all of the crime statistics, including police reports that happened in the Retreat back to 2010. That info. was to be released at least a week ago, but it never was. Where is the judge demaning the release he wanted out within 15 days from his order on 6/12? My point, GZ was the only one willing to have the guts to look out for his neighbors, and now some of those same neighbors are making him out to be a vigilante, a racist, and a cop wannabe. Even though Nappy has asked the nation to say something if you see something, when that once unknown guy named GZ is being villified for doing just that. Ohhhhhh, he profiled TM as a possible criminal and worse.
From your linked article Mike, which was released prior to the 2008 election, this gets right to the heart of the problem-
“Robert Grace, the Los Angeles prosecutor, is acutely aware of the fragility and preciousness of the rule of law. “As a civilized society, we can’t allow what’s happening in Latin America to take over here,” he says. “Venezuela and Mexico are awash in appalling violence because they don’t respect the law.” Thus, when prominent figures like Barack Obama make sweeping claims about racial unfairness in the criminal-justice system, they play with fire. “For any political candidate to make such claims out of expediency is wrong,” Grace says. “If they have statistics that back up the claim, I’d like to see them. But to create phony perceptions of injustice is as wrong as not doing anything about the real thing.”
Now add Erick Holder, who is looking out for “his people” to that mix, who dismissed the Black Panther Party voter intimidation case, and we have every bit of information we need concerning the “race war.” Sadly it is going to get worse before it gets better. I am not sure who will stop the racist blackmailers, who don’t seem to believe that blackmailing just keeps getting more and more expensive the longer the enablers allow it to happen, and keep paying the ransom.
well-stated Sandy. You are right, it has nothing to do with bigotry. It was Mat Gutman and the ABC that edited the 911 tape to exclude the question to make GZ look like he was racist.
Here in my country the PC crowd have gone mad with their demands that race is not mentioned. In Sydney, there is one group “of Middle Eastern appearance” that has been committing the crimes at shopping centres. I can speak from experience because my sons were “involved” in an attempted robbery incident with them being the victims. Obviously they knew that the perpetrators were Lebanese but were not allowed to say so!! In Melbourne a lot of crime is being committed by the Somali community but we are not allowed to name the community in news reports!!
As for the instigators of the race-baiting, it is all with the likes of Sharpton and 2Js. I just keep in mind that an Australian, a Jew from Melbourne Victoria was stabbed to death during the New York Crown Heights riots because of the stirring by Sharpton. As far as I am concerned Sharpton belongs in jail for inciting those riots.
Dearest Mike (and other appreciated participants):
Excellent reads on subject:
Dinesh D’Souza “The End of Racism”
Richard J. Herrnstein, “The Bell Curve: Intelligence and Class Structure in American Life”
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Combine this with outcome differences for stable familes versus broken homes, in volved parents versus absentee parents. (You dont have to be hands on all the time to be an involved, concerned, pro active parent. Hands off is an acceptable parenting style much of the time as long as you intercede as and when needed.
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be friendly to your kids, dont be their friends.
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Sandy (“I am not sure who will stop the racist blackmailers”…..not to take this out of context, but I think part of the point of most despised aspects of the SYG (Stand your ground) law was the fact that INTERFERED with the revenue stream of the race pimps (herro)! You dont think Chump a Crump could affford nice suits that like without chasin a whole lot of ambulances, which he might have to start doing more of if SYG becomes law in more states than the 20 something that already have it. I would say there are race pimps around the country who are scared they might have to do real work if less and less race pimpin is allowed. It has become big industry in the current administration. Black folk stayin on the plantation is essential for the race pimps, since it institutionalizes their need for settlements, in perpetuity. They dont want fourty acres and a mule, they want to be paid generation after generation after generation.
And who initially built the City of Sanford, Florida? Wikipedia claims it was Swedish indentgured servants (AKA white slaves who were valued less cause their terms of indenture were not lifelong). Keep in mind that blacks like to pretend indentured servitude was like a walk in the park (even though few would allow black slaves to clear fetid swamps in Florida, let the Irish do it was the common refrain at the time. You can lose an irishman and who cares). My “white” ancestors helped build this country, alright!
Back to GZ.
A lot of folks dont understand GZ. Not sayin I do, but I think he was kind of idealistic (enough to trust interviewing with the cops for how many total hours WITHOUT a lawyer), wanted to improve the world, wherever he went, would point out any wrong, wherever he found it, no matter how much it might hurt him later.
How many other people in that neighborhood offered to stick their neck out on an limb to look out for their neighbors for free?
Was tracey Martin involved in the neighborhood watch in that neighborhood? Was he even willin to keep an eye on his own kid or was he just droppin his kid off to let him roam the neigborhood?
I have been following this case seriously ever since my neighbor started gettin all radical and hateful (but of course not racist since blacks cant be racist /sarc).
Learning martial arts often involves study of the law. over the years, for possible legal reasons, it is desirable to flea whenever possible since though self defense is supposed to be right, explainin it to strangers who werent there and take the word of every two faced liar over GZ or you or me is to be avoided whenever possible.
The cop shot in 2010 going after burglars is prolly why the pollice were in no hurry to chase after other burglars (and helps the burglars significantly if the police’s new policy is to just let burglars rob and not chase them).
And back to GZ.
He was idealistic, me thinks, infected with liberal anti-racist ideology (it is fed in most US schools to so many youngsters attending public schoool you would think the fda would get involved)……that is why he worked so hard in the ware case when no one else would (not natalie jackson, she was in it for the money, not the leg work)…..but she was willing to sell out GZ in a heart beat…as soon as he got in the way of her lottery ticket……trayvon was a lottery ticket……first, he played football from age 5….he was likely to be tall, his dad was…..hmmmmmmm….he played football from the age of five and his coach claims he just one day quit (like serino quitting tht lead detective game and just wantting to be a beat cop? that kind of lying garbage is all over this case……every parent who raises their kid as a feral child runs the risk that they will not have a full life (God Bless Trayvon, too bad you didnt have responsible parents)…..recently, i had been going to hang out at the occupy encampments, when i found out someone had died there (the city was very scared the parents of this person would sue…..wrongful death is a terrible thing, but suing may be the long term downfall of our country if so few negative consequences occur for malicious and false suits ……see feral childrem are like lottery tickets…..whether he drowns in his own vomit at some county facility (cuz he drank a 12 pack in an hour) or gets shot beatign some neighborhood watch guys head into the concrete……if you have the misfortune that your feral child gets shot by a cop, at least you should have a shot at winning the lottery which is winning a civil suit, right, but SYG takes your money, not just crump chumps money……That is why Fukton was so upse,t she was hoping to get rich at the expense of the City of Sanford and the Home owners association.
gots to run….sorry for the rambling nature of this post…wrote in a hurry..my wife is waitin, annoyed, and i gots to drive across the state to to get home, safely (am currently just shy of sanford……Thank you all for your contributions, especially you Mike
I have posted on this over at the Conservative Tree House but I thought I would post it here.
I believe that there is an error in the Medical Examiner’s autopsy report that is intentionally prejudicial to conform to Chris Serino’s preconceived scenario of events.
The ME characterized the wound as being from an “intermediate range” gun shot. Intermediate range generally refers to 1cm to 100 cm. A gun shot of a longer range of nearly 100 cm wouldn’t conform to GZ’s account of drawing his weapon as TM reached for it as they grappled on the ground. This of course would be very incriminating.
However; the ME autopsy describes the entrance wound as follows:
“3/8 inch dia round entrance defect with SOOT, RING ABRASION and a 2 x 2 inch area of STRIPPLING.”
To explain what this all means, I would refer you to this link:
http://what-when-how.com/forensic-sciences/evaluation-of-gunshot-wounds/
Ring Abrasion is caused by friction with the bullet as it punctures the skin. This occurs at all ranges.
Strippling, otherwise known as Tattooing, is caused by partially burned particles of powder impacting the skin. Clothing and other obstructions can prevent strippling from occurring. The density of strippling is dictated by the range but is also affected by the barrel length of the gun. Generally, Strippling is consistent with an intermediate range of 1 cm to 100 cm, hence the ME’s finding.
However; in reaching the finding that the shot was fired from intermediate range, the ME ignored his own observation of SOOT around the entrance wound. Soot is actually the residue from burned powder. Soot is generally present when the gun was fire from a range of less than 10 centimeters which is more consistent with GZ’s account. It is important to note that the distance that soot will travel is dependent on barrel length. The longer the barrel, the further the soot will travel. GZ’s Kel Tec PF-9 has a barrel length of only three inches which is about as short as they get. Tests should be performed, but I would not expect such a gun to deposit soot on a target from arrange exceeding 5 cm or two inches.
The simple fact is that the ME lied about the range that TM was shot at to conform to Chris Serino’s theory that GZ was lying.
My theory is that Detective Serino made presumptions about how the shooting happened and communicated those presumptions to the ME. The ME then allowed this preconception to influence his findings.
Dear James Crawford:
Welcome to SMM and thanks for the interesting comment. It will be fascinating indeed to see how this plays out. You are correct in that “stippling,” particularly stippling of the skin under several layers of clothing, does not occur unless the muzzle of the weapon is very close indeed to the skin at the moment of firing, in fact, commonly at near-contact distance. Perhaps you’re correct, or perhaps the ME was merely fudging a little in an attempt not to be too tied down to a specific distance estimate, which would not be an uncommon thing for a ME to do. Depending on what the ME meant by “soot,” this too could be an indication of residue left by a near-contact shot, and surely one closer than the report might suggest.
One of the primary reasons I have not dealt with this and similar issues is that without the ability to question the ME and similar witnesses, I can’t adequately clarify how they came to their conclusions and precisely what they meant. Your theory might be right in part or whole, but for the moment, we have no real way to confirm it. Still, interesting idea indeed.
Thanks again!
Thank you for the response.
I know I seem harsh to the ME, but it is in context to the scenario that was included in the autopsy that so. Closely conforms to the Crump-Serino scenario. The ME could have stated “Close Range or Intermediate Range,” but didn’t. I also see no mention of taking tissue samples from the wound to determine if powder and metal fragments were injected which would confirm contact range. May be it will be included in the elusive toxicology report?
The “Intermediate Range” finding has been bandied about to refute GZ. It might have even undermined his lawyer’s faith in him.
James, thank you for posting your comment. I think you are on to something regarding the ME report. What you are stating is only one of the many things wrong with the report.
What I found wrong was the written narrative because of the inaccuracies of the statements. This includes talk of iced tea when in fact the can was Arizona Watermelon cocktail juice – something that Crump and the parents do not want to be discussed.
Since I am not a gun owner, have only fired guns once in my life, I know nothing about the other subject, all the same I know that what you are saying is also correct. The mid-range comment from the medical examiner is odd to say the least, considering that there were powder burns on the body.
One more thing, I think you are spot on about the ME conforming to Serino’s narrative. It is almost as if the narrative of this particular ME was written by either Serino or Crump!!
I have just caught up with your series on this case. To me, this is like a series of lessons about American Justice Holder/Obama style. It is eye-opening to say the least.
I can’t wait for your take on the last Bond hearing. One question: Does O’Mara have enough evidence with the impetuous comments by Judge Lester to get a new judge? Or is it just a judge who is embarrassed by not listening to the testimony of Zimmerman’s wife? I mean she did have the information ready and offered it?
Excellent article. One of the best so far. Great comments too.
I just reread the autopsy and noticed a few other points.
The ME failed to collect gunshot residue samples and tissue samples from the wound which could be used for definitive tests to determine the range at which Trayvon Martin was shot. This is bizarre given how critical this information is to confirm or refute GZ’s account of events.
One other point.
The Sanford PD had an officer shot in June 2010 while he was persuing a suspicious person who was tresspassing in an Apartment complex. The situation was obviously similar to the GZ-TM shooting. The 16 year old perpetrator who looked like President Obama’s hypothetical son, shot at the officer three times from ambush which severely wounded and incapacitated the officer then stood over his helpless victim and fired two more rounds which missed. The suspect was arrested a few days later. However; aside from a few articles detailing the controversy over prosecuting a juvenile for a crime that carries a sentence of life without parole, I can find no further coverage of the case.
Was there some procedural error that caused this case to be quietly dropped?
Did Detective Serino investigate this case?
I can find info on many homicides in Sanford that were either never solved or the alledged perp was acquitted because they were misidentified. What is Serino’s clearance and arrest rate for major crimes? Was he perhaps an ineffective detective that Chief Lee was poised to demote? Was Serino exploiting the Trayvon Martin shooting to enhance his image within the department and publicly so that it would be politicallyimpossible for Chief Lee to demote him?
Dear James:
Interesting questions indeed. Is anyone aware of the shooting about which James speaks?
Hi Mike!
Great analysis as usual.
Been MIA for a bit, too busy to read much, but now I’m caught up on this.
Thanks for the great work, your writing is always easy to follow.
Mike,
Your analysis is terrific. After the last document dump, I am wondering if anything actually changes things concerning Officer Serino. I mean he did write some strange things in his report.
I look forward to your analysis of the bond hearing. Are you going to give one out?
Dear Joel:
Thanks for your kind comment. I’ve not seen anything that would change my view of Mr. Serino in any significant way. Regarding the Zimmerman bond hearing, I will be addressing that in my next post, which will be essentially a state-of-the-case article, unless, that is, something of great note comes up before I can get to that (recusal of Judge Lester, etc.). Expect that within about two weeks. I just returned from a research trip on another case, and have much to do to prepare for the rapidly approaching school year as well.
Thanks again!
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