“We are not asking that he [Zimmerman] be convicted; We are asking that he be arrested”
-Benjamin Crump Esq.
Attorney for Tracy Martin and Sybrina Fuller
(Quoted to Piers Morgan on 4/3/2012)
And there you have it, the ulterior motive, the hidden agenda:
The Trayvon family is not seeking justice in the form you would think. No, they are seeking monetary justice, or more directly monetary gain. THAT is the motivation; and the absence of an “arrest” is what stands between them and their ability to sue in civil court”.
Ask yourself why would anyone want an arrest without a conviction?
“We are not asking that he be convicted; We are asking that he be arrested”
Why is that so important?
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
Note that in section 2 of the immunity statute 776.032 a person is “immune” from criminal or CIVIL action if they are not arrested. The arrest itself can be interpreted as “Probable Cause” the force, or action taken, was unlawful.
Remember the key distinction between guilt or innocence in Criminal vs. Civil trials. In criminal trials the burden of proof is “beyond a reasonable doubt”. In civil trials the burden of proof is “with a preponderance of the existing evidence”; this is where probable cause comes into play. For the purpose of “monetary justice” it only takes an arrest; a subsequent conviction is not necessary.
Without an arrest there is no standing for a civil case awarding monetary damages to Tracy Martin and Sybrina Fuller against George Zimmerman, the HOA for The Retreat At Twin Lakes, and possibly the City of Sanford and all of their respective insurance companies.
Without an arrest there is no implied probable cause which could lead to Compensatory and punitive damages for wrongful death.
They need an arrest. They DO NOT need a conviction.
The other approach to a monetary victory would be a “Federal” civil rights investigation and possible arrest on federal civil rights laws. Hence a better understanding of why attorney Benjamin Crump is fabricating information to the Federal Department of Justice. In the letter to the DOJ Crump said:
“We look forward to your thorough and comprehensive review of the suspicious circumstances surrounding this meeting, and the decision to disregard the recommendation to arrest Zimmerman”
In response State Attorney Norm Wolfinger released a statement on Monday saying he is “outraged by the outright lies” contained in a letter written by the attorney of Trayvon Martin’s parents, who are seeking a federal review in the case.
You can see how valuable the compassion of Washington DC power people can be in the engagement of the goal. Indeed many people wondered why Congressional members called a hearing into this one case. Perhaps “who” coordinated the hearing is the clarity needed in understanding the “why”, for at the heart of the conversation is the Congressional Black Caucus. Anyone remember the CBC and the victory called Pigford?
Successfully using the office of the President and Eric Holder’s DOJ to “leverage” a chosen outcome is, well, smart racial politics. Especially when there is a strong possibility of favorable public opinion driven by a misguided, and more than willing water-carrying media, to benefit the Oval Office.
Before Martin’s death, Crump was best known for representing the parents of a teenage boy who died after an encounter with guards at a Florida boot camp in 2006. The videotaped beating of Martin Lee Anderson attracted national attention and led to the closure of the state’s boot camps for juvenile offenders.
Benjamin Crump and his law partner, Daryl Parks, who testified at a congressional hearing on Capitol Hill, are Tallahassee-based personal injury attorneys who primarily handle wrongful death and negligence cases.
In a Huffington Post interview Ben Crump dodges the question of how, and if, he is being compensated by Trayvon Martin’s parents. “You do it because it’s the right thing to do,” he said. “As long as you make your goal to do right and do good, all of the money and financial material stuff will come”.
Beyond the reality of financial gain and self-interest there is even a more troubling consideration when you weigh the extent they are willing to go to for money. The flames of racial tension have been stoked to a white-hot inferno in Sanford Florida, and arguably quite hot around the nation.
The team at Breitbart picked up on the connection between the Trayvon Martin case and the Martin Lee Anderson case with an article a few days ago where they cited some analysis done by the Miami Herald. One key phrase in the Breitbart column was:
I doubt Breitbart actually knew at that moment how insightful that small paragraph actually is regarding the real motivation here; And therein lies the heart of the matter for Benjamin Crump, Daryl Parks, Tracy Martin and Sybrina Fuller.
The guilt or motives of the accused Mr. Zimmerman matter naught when weighed against the need for a compensatory judgement to fill their void.
“We are not asking that he be convicted; We are asking that he be arrested” – Ben Crump