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Justice Dept.: No Federal Charges in Trayvon Martin Death

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This image provided by the Seminole County Sherif's Office shows former neighborhood watch volunteer George Zimmerman after he was arrested Monday, Nov. 18, 2013, in Apopka, Fla. Authorities said they responded to a disturbance call at a house earlier in the day. (AP Photo/Seminole County Sheriff`s Office)

This image provided by the Seminole County Sherif’s Office shows former neighborhood watch volunteer George Zimmerman after he was arrested Monday, Nov. 18, 2013, in Apopka, Fla. Authorities said they responded to a disturbance call at a house earlier in the day. (AP Photo/Seminole County Sheriff`s Office)

JENNIFER KAY, Associated Press
ERIC TUCKER, Associated Press

MIAMI (AP) — George Zimmerman, the former neighborhood watch volunteer who fatally shot Trayvon Martin in a 2012 confrontation with the teenager, will not face federal charges, the Justice Department said Tuesday.

The decision, announced in the waning days of Attorney General Eric Holder’s tenure, resolves a case that focused public attention on self-defense laws and became a flashpoint in the national conversation about race two years before the Ferguson, Missouri, police shooting.

Zimmerman has maintained that he acted in self-defense when he shot the 17-year-old Martin during a confrontation inside a gated community in Sanford, Florida, just outside Orlando. Martin, who was black, was unarmed when he was killed. Zimmerman identifies himself as Hispanic.

Once Zimmerman was acquitted of second-degree murder by a state jury in July 2013, Martin’s family turned to the federal investigation in final hopes that he would be held accountable for the shooting.

That probe focused on whether Zimmerman could be charged with a federal hate crime in the killing and whether he willfully deprived Martin of his civil rights, a difficult legal standard to meet. Federal investigators, who independently conducted dozens of interviews, ultimately determined there was insufficient evidence to prove Zimmerman killed the teenager on account of his race.

“Our decision not to pursue federal charges does not condone the shooting that resulted in the death of Trayvon Martin and is based solely on the high legal standard applicable to these cases,” Vanita Gupta, the Justice Department’s top civil rights lawyer, said in a statement announcing the decision.

Zimmerman’s attorney, Don West, was on a flight and couldn’t immediately comment on the decision. A call to Zimmerman’s cellphone went directly to voicemail.

Martin’s parents were too distraught after their meeting in Miami with Justice Department officials to speak with reporters, said their attorney Ben Crump, who called the decision a “bitter pill to swallow” even though it was expected.

“What they told his family and I was that because Trayvon wasn’t able to tell us his version of events, there was a lack of evidence to bring the charges. That’s the tragedy,” Crump said.

The February 2012 confrontation began after Zimmerman observed Martin while driving in his neighborhood. Zimmerman called police and got out of his car and approached Martin, who was returning from a store while visiting his father and his father’s fiancee at the same townhome complex where Zimmerman lived.

Prosecutors contended that Zimmerman was profiling Martin and perceived him as someone suspicious in the neighborhood; Zimmerman did not testify at his trial, but he earlier told investigators that he feared for his life as Martin straddled him and punched him during the fight.

Federal investigators said they examined the case under multiple civil-rights provisions, including ones that make it illegal to use force against someone based on their race and another that criminalizes race-based interference with a person’s federally protected housing rights. They said they conducted roughly 75 witness interviews, examined police reports and reviewed all of the evidence gathered during the state prosecution.

Tamara Rice Lave, a professor of the University of Miami’s School of Law, said the Justice Department conclusion was not surprising because there was no direct or circumstantial evidence that Zimmerman’s actions were motivated by race.

In a 911 call, as he followed Martin through their Sanford neighborhood, Zimmerman said the teenager “looks black.”

“But he doesn’t say the things that would make you think it was motivated by race,” Lave said. “He doesn’t call him the N-word.”

Black leaders in Sanford, where Martin was shot, also said they weren’t surprised by the decision.

“I was expecting this to happen,” said Turner Clayton, a former local leader of the NAACP.

The conclusion in the Zimmerman case comes even though Holder has made civil rights a cornerstone of his tenure. The Justice Department is moving to resolve a separate high-profile civil rights case: the August shooting by a Ferguson police officer of Michael Brown, an unarmed black 18-year-old. Holder has indicated that he plans to announce a decision in that case, which prompted weeks of protests, before he leaves the Justice Department in the coming weeks. In the Ferguson case, the Justice Department has been investigating whether the officer deprived Brown of his civil rights by using excessive force.

Days after Zimmerman was acquitted, Holder said he considered Martin’s death an “unnecessary shooting.” In a statement Tuesday, Holder echoed remarks he made in the shooting’s aftermath.

“Though a comprehensive investigation found that the high standard for a federal hate crime prosecution cannot be met under the circumstances here, this young man’s premature death necessitates that we continue the dialogue and be unafraid of confronting the issues and tensions his passing brought to the surface,” Holder said. “We, as a nation, must take concrete steps to ensure that such incidents do not occur in the future.”

___

Associated Press Writer Mike Schneider contributed to this report from Orlando, Fla.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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