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Justice Department faces evidence hurdles in proving Zimmerman bias after verdict

Published July 15, 2013
FoxNews.com

The Justice Department was running into immediate hurdles Monday in its investigation of possible civil rights violations by George Zimmerman in the shooting death of Trayvon Martin -- namely, that after examining the case for more than a year, the evidence has not changed.

Though the department announced after Zimmerman's acquittal that it would consider a possible federal case, previously filed FBI documents show agents have not turned up any accounts that Zimmerman, before the February 2012 shooting, exhibited racial bias. Sanford police detective Chris Serino also told FBI agents last year that he considered Zimmerman as having "a little hero complex, but not as a racist."

Attorney General Eric Holder, in his first post-verdict comments, confirmed Monday during a speech in Washington, D.C., that his department continues to investigate while signaling concern for the position of the Martin family and those -- such as the NAACP -- pressuring the DOJ. He said the department is "mindful of the pain felt by our nation" over the "tragic, unnecessary shooting death" of Martin.

"The Justice Department shares your concern -- I share your concern," Holder said.

He added that the shooting provides an opportunity to speak "honestly" about the charged issues involved in the case, and that "we must not ... let this opportunity pass." Holder even appeared to suggest the possibility of bias in this case, saying it's important to address "underlying attitudes, mistaken beliefs and stereotypes that serve as the basis for these too common incidents."

Still, the attorney general said his department would act in a "manner that is consistent with the facts and the law."

White House Press Secretary Jay Carney indicated that President Obama would keep his distance from the consideration, adding that the merits of the case will be "evaluated by the professionals at the Department of Justice."

But Florida defense attorney Brian Tannebaum told FoxNews.com that the "number one challenge" for DOJ is the evidence, or lack thereof.

"There's been an acquittal. The evidence has not changed. It's not like the feds are going to go in and find more evidence," he said.

Tannebaum said he understands the Justice Department was responding to intense public sentiment, but "I don't foresee it becoming a federal case."

The question of racial bias is key because if the Justice Department were to pursue a federal case against Zimmerman, federal hate-crimes law is one of the few tools the department would have.

The statute itself bars "willfully" causing injury to someone else "because of the actual or perceived race, color, religion, or national origin of any person."

The department has used federal civil rights law before to pursue defendants who had been acquitted at the state level. But in what is perhaps the most famous such case -- the Rodney King beating -- the circumstances were different.

First, there was a highly publicized video of the King beating. No such video of the Martin shooting is known to exist.

Second, the two officers ultimately convicted on federal charges in that case were charged with using or permitting unreasonable force under "color of law" -- this applies only to law enforcement.

The separate federal hate-crimes law applies to both law enforcement and civilians. But it's not clear how the Justice Department could prove racial bias.

Serino, the Sanford detective, told FBI agents last year that after examining the case, it appeared Zimmerman was suspicious of Martin because of his "attire, the total circumstances of the encounter and the previous burglary suspects in the community."

Serino told the FBI that there had been several burglaries in the area, and that gang members in the community "typically dressed in black and wore hoodies."

"When Zimmerman saw Martin in a hoody, Zimmerman took it upon himself to view Martin as acting suspicious," Serino said, while describing Zimmerman as "overzealous." The FBI document was posted on the Smoking Gun website.

McClatchy also has reported on another set of documents that show FBI agents interviewed a dozens of people in the course of probing possible racial bias but nobody would say Zimmerman showed such bias before the shooting.

Still, the Justice Department agreed to requests from NAACP President Benjamin Todd Jealous and several lawmakers to keep investigating the defendant.

"The Department of Justice's Criminal Section of the Civil Rights Division, the United States Attorney's Office for the Middle District of Florida, and the Federal Bureau of Investigation continue to evaluate the evidence generated during the federal investigation, as well as the evidence and testimony from the state trial," the Justice Department said in a statement Sunday. "Experienced federal prosecutors will [now] determine whether the evidence reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within our jurisdiction, and whether federal prosecution is appropriate in accordance with the Department's policy governing successive federal prosecution following a state trial."

The department may find itself in a vulnerable spot, not only because of prior interviews which found no evidence of bias.

Last week, a conservative watchdog accused an obscure agency within the DOJ of helping support the "pressure campaign" against Zimmerman in the wake of the shooting last year. Judicial Watch claimed documents and public accounts showed "extraordinary intervention" by the department in the campaign that eventually led to Zimmerman's prosecution.

The department, however, claims that it dispatched agency representatives to reduce tensions in the community - not to take sides.

The department is under heavy pressure from some groups to pursue the case further.

Rep. Charles Rangel, D-N.Y., and other House Democrats called a press conference on Monday to urge the Justice Department to "conduct an immediate and thorough investigation."

The NAACP started the drive to pressure the DOJ to continue its probe by posting a petition Sunday morning on the website MoveOn.org.

"The most fundamental of civil rights -- the right to life -- was violated the night George Zimmerman stalked and then took the life of Trayvon Martin," the group wrote.

Attorney General Eric Holder plans to speak at the NAACP convention on Tuesday.

FoxNews.com's Judson Berger contributed to this report.

Per Jay Carney
"evaluated by the professionals at the Department of Justice."

Ha, even less evidence that the above exists.

Nothing will stop the (in)Justice Dept from filing charges.. Holder doesn't follow laws anyway - why should a mere trial on GZ slow him down now??

There won't be a trial.

I guess we'll just have to wait and see..

I'd say you're right.

this is more of his ( Holder's)"My People" race baiting horsechit.

They're starting to realize how STUPID this all make's em' look.

Willing to bet they'll (his own) KILL Sharpton, pretty quick.

Sacrifice of sorts, and a better source of re-agitation than this TM / GZ shtick.

....the fire's gone out of it.

GTC

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Of course but when the FBI has already filed a finding/report there was no racial bias,I'll stick with "no way"

This is nothing more than appeasement chatter to buy another couple months or until the next scandal diverts everyone's attention away from this done deal.

Where are the Zimmerman supporters seeking the DOJ's investigation into the violation of Zim's civil rights?

If someone starts that petition...turn out the frikken lights on this soon to be dead story.

Holder was already scheduled to give a speech in front of a couple hundred members of a minority sorority today, and would have been remiss if he didn't provide some rote witticisms to garner "oohs" and "aahs" to the audience.

This was pillow talk, nothing more, on his part.

No pain here - other than that already imposed by the blundering idiot in charge (Obummer).

MORE BULL SH-T LIES FROM HOLDER AND THE DOJ.THEY'RE THE 1'S THAT SHOULD BE IN PRISON.SENT THERE TO ALLEVIATE THE TENSION NOT CAUSE ANY,GREAT LIE.

MORE BULL SH-T LIES FROM HOLDER AND THE DOJ.THEY'RE THE 1'S THAT SHOULD BE IN PRISON.SENT THERE TO ALLEVIATE THE TENSION NOT CAUSE ANY,GREAT LIE.

MORE BULL SH-T LIES FROM HOLDER AND THE DOJ.THEY'RE THE 1'S THAT SHOULD BE IN PRISON.SENT THERE TO ALLEVIATE THE TENSION NOT CAUSE ANY,GREAT LIE.

Holder and Obama 2 nigs in the same tree! It's disturbing that Holder still has a job at the DOJ!

I don't know....Holder and his apparatchiks are shameless, and the media will be flying high cover for them if they decide to charge Zimmerman. Of course, it will be a horseshit indictment, with zero chance of getting a conviction, but the purpose of l'affaire Trayvon was always to maumau the black voters, in effect telling them, pay no attention to that Negro in the White House, you are still a victim, brotha!

Going with Steve here.. I wouldn't be surprised at charges. Why not? The entire trial we just went through was baseless, why not distract the ignorant public for another year with a civil trial?

It's not like anybody is going to pursue charges against Holder or the DOJ for malicious prosecution.

I will side with steve since betting oposite of bob has made many a rich man!

Recent press release...

Obama won't do the underhanded race baiting, or skirting due process...
.....He just has those that work for him do it along with Jackson and Sharpton.

White House: Obama won't press DOJ on Zimmerman

The Associated Press
Posted: 07/15/2013 11:46:55 AM CDT | Updated: 58 min. ago


WASHINGTON�The White House says President Barack Obama won't involve himself in decisions by the Justice Department on whether to pursue civil rights charges against George Zimmerman in the shooting death of Trayvon Martin.
White House spokesman Jay Carney says it would be inappropriate for Obama to express an opinion on how the department deals with Zimmerman after the neighborhood watch volunteer's acquittal in the shooting of the unarmed 17-year-old last year.

Critics of Saturday's verdict have called for the Justice Department to step in.

The Justice Department has said it's investigating whether federal criminal civil rights charges are warranted.

Carney would not comment on Obama's view of Florida's "stand-your-ground" law, which gives people wide latitude to use deadly force if they fear death or bodily harm.

sadly, the game plan is that even if they can't make any charges stick, they WILL drag Zimmerman through the mud again They will charge him, make him stand trial, and do their best to (A)placate their core supporters, and (B)destroy Zimmerman.

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Disregard reality all you like. Many of you run and hide under the blankets with the mere mention of a meaningless threat, anyways.