U.S. could bring hate-crime charge in Florida neighborhood-watch killing of teen

So far, only one such clue has surfaced publicly against 28-year-old George Zimmerman, the neighborhood watch captain who fatally shot the 17-year-old Martin on Feb. 26 in the central Florida town of Sanford. On one of his 911 calls to police that night, Zimmerman muttered something under his breath that some listeners say sounds like a racial slur. Zimmerman's father is white, and his mother is Hispanic.

"It sounds pretty obvious to me," said Donald Tibbs, a Drexel University law professor who has closely studied race, civil rights and criminal procedure. "If that was a racial epithet that preceded the attack on Trayvon Martin, we definitely have a hate crime."

Others, however, say the recording is not clear enough to determine what Zimmerman actually said. And many experts say more evidence would be needed that he harbored racial prejudice against black people and went after Martin for that reason alone. There had previously been burglaries in the complex committed by young black males, possibly heightening Zimmerman's suspicions when he spotted Martin.

"They are going to have to show he was specifically targeting this individual based on his race, creed, color, et cetera," said David S. Weinstein, a former federal prosecutor in Miami. "Not that he was chasing somebody down and got in a confrontation that may or may not have been based on that."

Zimmerman's parents, in a letter to a local newspaper, insisted their son is not a racist, and several black residents of the neighborhood where Martin was shot have only good things to say about Zimmerman. Zimmerman has not been charged with any crime and is claiming self-defense under Florida's "Stand Your Ground" law, which eliminated a person's duty to retreat when threatened with serious bodily harm or death. He claims Martin attacked him as he was walking back to his truck, according to police.

"He's not a racist," attorney Craig Sonner said about his client. "The incident that transpired is not racially motivated or a hate crime in any way."

Those "Stand Your Ground" laws, in place in about two dozen states, have come under increasing scrutiny. U.S. Sen. Charles Schumer, D-N.Y., on Sunday sent a letter to U.S. Attorney General Eric Holder asking for a federal investigation into whether killings are going unprosecuted because the laws put too much of a burden on local authorities.

Martin's parents and hundreds of supporters say Zimmerman should have been immediately arrested and charged with the youth's killing, but local police say they have little evidence to disprove his self-defense claim. A grand jury will be convened April 10 to consider whether to bring state charges, which could include second-degree murder or manslaughter.

After receiving a no-confidence vote from the city commission, Police Chief Bill Lee announced last week he was temporarily stepping aside from his post. The city manager, Norton Bonaparte Jr., said officials want the case to be resolved fairly.

Civil rights activist Al Sharpton, who has been appearing at rallies with Martin's parents to call for an arrest, said the Justice Department should investigate the case as a hate crime.

"Any time you have a pattern of engagement based on someone's having a particular group in mind, that qualifies for hate crime inquiry," Sharpton told The Associated Press.

The Justice Department's civil rights division and the FBI are conducting their own probe in the case, and a federal hate crimes charge could come out of that no matter what state authorities do. The hate crimes law carries a potential life prison sentence when a death is involved.

Tibbs said one key is determining whether Martin's race alone was the reason Zimmerman decided to follow him in his vehicle. Martin, who was from Miami, was staying in the neighborhood with his father and father's fiancée and was returning from a convenience store with Skittles and a can of iced tea when the confrontation took place. He was not armed.

"He was not suspicious. What makes him suspicious in the moment is the fact that he was black. If Trayvon Martin was white, would any of this have happened?" Tibbs said.

If Zimmerman were a police officer or a government official, he could be prosecuted by the Justice Department for using his official authority to violate Martin's civil rights. That was the case made against Los Angeles police officers who had been acquitted in state court of beating Rodney King, which sparked huge riots. Two of the four officers were eventually convicted of federal civil rights violations.

But Zimmerman was a volunteer watch captain, and even though he had a permit to carry his Kel Tek 9mm semiautomatic handgun, he didn't have any official law enforcement or government authority.

Another possibility is an investigation of the Sanford Police Department itself, including questions about whether any evidence was destroyed or covered up, or whether there has been a pattern of problems involving black people. City officials insist they did an appropriate and thorough investigation, but if such violations occurred federal prosecutors could bring civil rights conspiracy charges against anyone responsible. Bonaparte did acknowledge last week that the police department has had issues with the city's African-American residents.

For instance, in 2010, it took a month for investigators to arrest and charge the son of a police lieutenant who was accused of knocking out a homeless black man. The attack was captured on video.

"This police department, how they've handled this case and how we are hearing of other cases, needs a thorough review by the Justice Department," Sharpton said.

Ultimately, much depends on the results of the state grand jury investigation. If Zimmerman ultimately is charged in Martin's death, the Justice Department may not bring its own separate case depending on the outcome of any trial.

The mere presence of federal investigators could ensure a more thorough probe, said University of Florida law professor Michael Siegel.

"A lot of times when these things are getting potentially explosive, they want to step in and say, 'We're looking over the shoulder of the locals here,'" said Siegel, a former federal prosecutor. "That often helps calm the public down. It does put some pressure on the local law enforcement to take a second look and do it right."

Column: Trayvon Martin, my son, and the Black Male Code

We were in the car on the way to school when a story about Martin came on the radio. "The guy who killed him should get arrested. The dead guy was unarmed!" my son said after hearing that neighborhood watch captain George Zimmerman had claimed self-defense in the shooting in Sanford, Fla.

We listened to the rest of the story, describing how Zimmerman had spotted Martin, who was 17, walking home from the store on a rainy night, the hood of his sweatshirt pulled over his head. When it was over, I turned off the radio and told my son about the rules he needs to follow to avoid becoming another Trayvon Martin -- a black male who Zimmerman assumed was "suspicious" and "up to no good."

As I explained it, the Code goes like this:

Always pay close attention to your surroundings, son, especially if you are in an affluent neighborhood where black folks are few. Understand that even though you are not a criminal, some people might assume you are, especially if you are wearing certain clothes.

Never argue with police, but protect your dignity and take pride in humility. When confronted by someone with a badge or a gun, do not flee, fight, or put your hands anywhere other than up.

Please don't assume, son, that all white people view you as a threat. America is better than that. Suspicion and bitterness can imprison you. But as a black male, you must go above and beyond to show strangers what type of person you really are.

I was far from alone in laying out these instructions. Across the country this week, parents were talking to their children, especially their black sons, about the Code. It's a talk the black community has passed down for generations, an evolving oral tradition from the days when an errant remark could easily cost black people their job, their freedom, or sometimes their life.

After Trayvon Martin was killed, Al Dotson Jr., a lawyer in Miami and chairman of the 100 Black Men of America organization, told his 14-year-old son that he should always be aware of his surroundings, and of the fact that people might view him differently "because he's blessed to be an African-American."

"It requires a sixth sense that not everyone needs to have," Dotson said.

Dotson, 51, remembers receiving his own instructions as a youth, and hearing those instructions evolve over time.

His grandparents told Dotson that when dealing with authority figures, make it clear you are no threat at all -- an attitude verging on submissive. Later, Dotson's parents told him to respond with respect and not be combative.

Today, Dotson tells his children that they should always be respectful, but should not tolerate being disrespected -- which would have been recklessly bold in his grandparents' era.

Yet Dotson still has fears about the safety of his children, "about them understanding who they are and where they are, and how to respond to the environment they are in."

Bill Stephney, a media executive who lives in a New Jersey suburb that is mostly white and Asian, has two sons, ages 18 and 13. The Martin killing was an opportunity for him to repeat a longtime lesson: Black men can get singled out, "so please conduct yourself accordingly."

Like Dotson, Stephney mentioned an ultra-awareness -- "a racial Spidey sense, a tingling" -- that his sons should heed when stereotyping might place them in danger.

One night in the early 1980s, while a student at Adelphi University on Long Island, Stephney and about a dozen other hip-hop aficionados went to White Castle after their late-night DJ gig. They were gathered in the parking lot, eating and talking, when a squadron of police cars swooped in and a helicopter rumbled overhead.

"We got a report that a riot was going on," police told them.

Stephney and his crew used to talk late into the night about how black men in New York were besieged by violence -- graffiti artist Michael Stewart's death after a rough arrest in 1983; Bernhard Goetz shooting four young black men who allegedly tried to mug him on the subway in 1984; Michael Griffith killed by a car while being chased by a white mob in 1986; the crack epidemic that rained black-on-black violence on the city. They felt under attack, as if society considered them the enemy.

This is how the legendary rap group Public Enemy was born. Their logo: A young black man in the crosshairs of a gun sight.

"Fast forward 25 years later," Stephney said. "We've come a long way to get nowhere."

But what about that long road traveled, which took a black man all the way to the White House? I can hear some of my white friends now: What evidence is there that Trayvon Martin caught George Zimmerman's attention -- and his bullet -- because of his race? Lynching is a relic of the past, so why are you teaching your son to be so paranoid?

There is a difference between paranoia and protection. Much evidence shows that black males face unique risks: Psychological studies indicate they are often perceived as threatening; here in Philadelphia, police stop-and-frisk tactics overwhelmingly target African-Americans, according to a lawsuit settled by the city; research suggests that people are more likely to believe a poorly seen object is a gun if it's held by a black person.

Yes, it was way back in 1955 when 14-year-old Emmitt Till was murdered in Mississippi for flirting with a white woman. But it was last Wednesday when a white Mississippi teenager pleaded guilty to murder for seeking out a black victim, coming across a man named James Craig Anderson, and running him over with his pickup truck.

Faced with this information, I'm doing what any responsible parent would do: Teaching my son how to protect himself.

Still, it requires a delicate balance. Steve Bumbaugh, a foundation director in Los Angeles, encourages his 8- and 5-year-old sons to talk to police officers, "and to otherwise develop a good relationship with the people and institutions that have the potential to give them trouble. I think this is the best defense."

"I don't want them to actually think that they are viewed suspiciously or treated differently," Bumbaugh said. "I think that realization breeds resentment and anger. And that can contribute to dangerous situations."

His sons are large for their age, however.

"I'm probably naive to think that they won't realize they're viewed differently when they're 6-4 and 200 pounds," Bumbaugh said, "but I'm going to try anyway."

I am 6-4 and more than 200 pounds, son. You probably will be too. Depending on how we dress, act and speak, people might make negative assumptions about us. That doesn't mean they must be racist; it means they must be human.

Let me tell you a story, son, about a time when I forgot about the Black Male Code.

One morning I left our car at the shop for repairs. I was walking home through our quiet suburban neighborhood, in a cold drizzle, wearing an all-black sweatsuit with the hood pulled over my head.

From two blocks away, I saw your mother pull out of our driveway and roll towards me. When she stopped next to me and rolled down the window, her brown face was full of laughter.

"When I saw you from up the street," your mother told me, "I said to myself, what is that guy doing in our neighborhood?"

http://www.dailynews.com/breakingnews/ci_20253168/trayvon-martin-my-son-and-black-male-code

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From Google News

To better connect to community, KC police now on Pinterest

The department has extended its reach to the photo-driven site to connect to community.

The long arm of the law — at least in Kansas City — is extending its reach on the Internet.

The Kansas City Police Department, which thinks it may be the first law enforcement agency in the country to do so, recently joined the burgeoning social media site Pinterest.

The photo-driven site, which describes itself as a “digital inspiration board,” has more than 20 million users and is growing fast. And the vast majority of Pinterest users are women, according to online marketing research.

“This reaches a larger group that may not have been engaged in our other social media efforts,” said department spokesman Captain Steve Young.

Those previous efforts have included the police chief's blog, Twitter, Facebook and YouTube.

“We think it's a way to build partnerships and connect with the community in a way we never could before,” said Sarah Boyd of the department's media relations unit.

Officers can attend community meetings or speak with people while they are on patrol, but those encounters don't show the breadth of all the department does, she said.

“With social media we can convey the entirety of the Police Department,” Boyd said.

The department also can be more approachable.

While some people may be reluctant to speak to an officer, many pose questions or make comments on Twitter or Facebook, she said.

The new Pinterest account — pinterest.com/kcpolice — includes topics such as safety tips, how to become a police officer, police equipment and “KCPD fuzzy friends,” the department's collection of animals.

It also has information about women in policing and how to handle difficult situations, such as involvement in an abusive relationship.

Boyd said the idea to use Pinterest came from the U.S. Army.

She said Kansas City police have been unable to find any other police department currently on Pinterest.

“We wanted to be on the cutting edge,” she said.

http://www.kansascity.com/2012/03/22/v-print/3513441/to-better-connect-to-community.html

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