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Friday, July 26, 2013

5 Legal Cases That Caused Protests

The protestors seeking justice for Trevon Martin over the last several weeks are not alone in causing extreme public reaction.  As a legal analyst and lawyer, Kendall Coffey has analyzed many high profile cases that have led to wide spread public outcry.  Here's a sampling of cases that have gone wild with protest.

In 2000, thousands of Cuban Americans held a shut in protest in reaction to the deportation of Elian Gonzalez.  Hundreds of members of the Cuban American community took to the streets several days beforehand when INS agents came in to remove the boy from the home of his relatives.  Many people followed the case and symbolized it as the problem with the immigration system in the United States.

After the death of Michael Jackson, swarms of mourning fans came to support Jackson or defend his doctor, who was on trial for negligent homicide.  The protests got so out of control that other interest groups showed up as well trying to get in front of the camera.  People carried outrageous signs and wore some pretty ridiculous outfits.  Both the Jackson trial and the Elian Gonzalez case are discussed in Kendall Coffey's Spinning the Law: Trying Cases in the Court of Public Opinion.

When the world searched for missing two year old girl Caylee Anthony, news audiences obsessed over the strange behavior and trial of her mother Casey after remains were found.  When Casey Anthony was acquitted, many angry protestors took to the streets with duct tape over their mouths, referencing the tape found in the child's remains.

One of the most recent protests to stem change happened in Ireland, where the death of a woman who could have been saved by an abortion spurned angry women's right to choose protests.  Ireland recently passed a law that would legalize abortion for the first time.


Friday, July 19, 2013

Kendall Coffey Doubts Feds Will Charge Zimmerman

After being found not guilty on Saturday, U.S. Attorney Eric Holder suggested that George Zimmerman many face federal civil rights charges.  The Justice Department said earlier this week that the investigation into Zimmerman, launched last year, is ongoing.

Kendall Coffey weighed in as a legal analyst for NBC news, saying that federal charges are doubtful.  The criminal case stayed away from making race an issue, leaving less evidence for the Justice Department to pursue.

The family of Trayvon Martin, who was shot by Zimmerman during an altercation last February, has not said whether they will seek civil charges.  Most legal analysts say that the self-defense case that Zimmerman used to get acquitted may prevent civil charges.  The family has already sued and settled with the housing development responsible for the neighborhood watch that Zimmerman was a part of.
Kendall Coffey on MSNBC
Kendall Coffey says the Feds won't charge Zimmerman
Zimmerman can call a hearing in Florida to seek immunity from being sued under the "Stand Your Ground" law that enabled Zimmerman's defense.  The law also provides civil protection int he event that force is used when the assailant feels his or her life is in danger.  However, if a wrongful death suit is brought forth, Zimmerman would not be the first high profile case to be held liable in civil cases after being acquitted.  Both OJ Simpson and Robert Blake had to pay damages to families of victims they were accused of murdering.


Tuesday, July 2, 2013

Billy Martin and Kendall Coffey Analyze the Potential Reaction from the Jury in the Zimmerman Trial

The friend who was on the phone with Florida teenager Trayvon Martin just moments before he was shot and killed finishes two days of testimony in the George Zimmerman murder trial. Key witness Rachel Jeantel spent more than five hours under cross-examination by the defense.

Zimmerman is facing second-degree murder charges and claims he shot Martin in self-defense.

In a recent appearance on MSNBC’s “PoliticsNation,” criminal defense attorney Billy Martin and MSNBC legal analyst Kendall Coffey discuss Rachel Jeantel’s performance on the stand and whether the jury finds her as an unreliable or a sympathetic witness.

In the court of public opinion, people have come to her defense or ridiculed her as she admitted she’s unable to read cursive. Jeantel claims that she wrote the letter with a friend, describing what happened on the night of the shooting and sent it to Martin’s mom several weeks after his death.

Former U.S. Attorney Kendall Coffey told MSNBC's Al Sharpton, the jury may not be able to relate to Jeantel, but her testimony is consistent.

“What I think the jury is seeing, is somebody who is there, doesn’t want to be there was brought in by a horrific twist of destiny and tragedy to have to talk about what happened in the final minutes of the life of a friend of hers. And who is by and large being truthful and being truthful is a lot more important than sympathetic than any other word when it comes to the key witness for the prosecution,” said Coffey.

Jeantel said that Trayvon Martin used slurs when describing Zimmerman in their final conversation. As a former chief prosecutor in Washington, D.C.'s homicide unit, Billy Martin says the jurors typically look past the language.

“This is not unusual in a homicide case to have vulgar language and activity that people feel and fund uncomfortable. I think a juror and jurors look right through that and look at what are we trying to determine. They’re not trying to see if one was a good person or a bad person. There are facts here. Who was the aggressor? Who had the ability to flee? And who had the gun? I think they’ll look right past these slurs and find the facts that will really help them decide this case."

Thursday, June 27, 2013

Miami Teen Returns to Stand in the George Zimmerman Trial

The friend of Trayvon Martin returns to the stand in the George Zimmerman trial saying she believes the encounter was racially charged. Rachel Jeantel is a crucial witness for prosecutors as she was on the phone with Martin before his fatal fight with George Zimmerman in February 2012.

Jeantel said Martin complained to her that a man described as “creepy” was following him through the community.  Martin said Zimmerman was behind him and she heard him ask: “What are you following me for?”

"He kept complaining that a man was just watching him," Jeantel said.

She heard Martin say, “Get off! Get off!” before the phone went dead.  Jeantel said she thought race was an issue because Martin told her a white man was following him. It has been reported that Zimmerman identifies himself as Hispanic and his family claims the confrontation had nothing to do with race.

Cross-examination continues today, but the major question is whether George Zimmerman will testify. Defense attorney Mark O’Mara says he’s not sure if his client will take the stand.

In an interview on MSNBC, Former U.S. Attorney Kendall Coffey says the prosecution’s strategy will have to prove that there are inconsistencies and falsities in George Zimmerman’s statements.

“We all know that innocent people don't have to lie if someone is caught and trapped in a number of untruthful comments, it strongly indicates guilt…the young woman who was on the cell phone with Trayvon Martin in the final minutes of his life, those could be the major parts of the prosecution's evidence,” said Kendall Coffey.

For the defendant, Former U.S. Attorney Zachary Carter tells MSNBC that Zimmerman’s story must stay consistent. “If he did something at a certain time and you listen to 911 recordings in which certain things actually occurred and you can verify it, on a different timeline that is inconsistent with what he says then you can disparage his story.”


Thursday, June 20, 2013

Zimmerman Trial Reaches Final Stages of Jury Selection

Jury selection has narrowed down to 40 finalists in the high-profile trial of George Zimmerman. In a second round of questioning, potential jurors were asked about their attitudes toward gun issues, neighborhood watch groups, and guns.

On MSNBC’s “PoliticsNation” Reverend Al Sharpton spoke with Former U.S. Attorney Kendall Coffey about the make up of the jury.

“I think in a controversial case like this which has an acknowledged racial divide, the composition of the jury is extremely important. And from the standpoint of a verdict that's going to have broad acceptance, the closer it is to represent the demographics to the community, I think the more fundamentally acceptable the verdict's going to be. One of the biggest challenges the judge is going to have in this case is what if the defense begins to use its preemptory challenges to strike African Americans from the jury panel,” said Coffey.

Strike for cause is a method of eliminating potential members from a jury panel. In this trial, each side will get six.

Looking at demographics of Seminole County 66 percent identify as White, Non Latino, 18 percent Latino and 12 percent African American. Despite all of the intense pretrial publicity, Kendall Coffey believes they decided to stay in the same county due to demographics.

“There's a whole process, actually a protocol and formula that Florida uses if either side prosecutor or defense strikes individuals of a special protective group. If that starts to happen in the next couple days, you can expect to see some sidebars. You can expect to see maybe even some fireworks over the issue,” said Coffey.

Reverend Al Sharpton raised the issue of dealing with potential jurors pre-determined opinions. Mr. Coffey said there would be some attempts to renew the challenges for cause on some of the jurors.

“The thing the judge will articulate is to have a fair and unbiased jury to let the defense and prosecution exercise their strikes. But in the back of the judge's mind, if I’m the judge, I want whatever the verdict is. I want a verdict that is going to have public credibility and acceptance. I think that means not only the fairest possible jury, but a jury that has some diversity,” said Kendall Coffey.


Wednesday, June 12, 2013

Zimmerman Trial Jury Selection

In day three of the George Zimmerman trial, attorneys have interview over two-dozen potential jurors. At least 70 jury candidates were dismissed.

Potential jurors have revealed they’ve had some kind of exposure to the details in the shooting.

The father of Trayvon Martin, the Florida teen who was shot and killed by Zimmerman in February 2012, said his family was encouraged so far by what they had seen in the jury selection.

Former federal prosecutor Kendall Coffey spoke to Rev. Al Sharpton on MSNBC’s “PoliticsNation” to discuss the deciding factors in the jury selection process.

Mr. Coffey said it would be challenging to find people who could be fair and haven’t been influenced by what they have seen already.

 “People that are basically gun owners are going to be much better jurors for the defense. People on the other hand people who just aren’t comfortable with the idea of guns and violence, that think that something has to be done about it, those are going to be the best people for the prosecution,” said Kendall Coffey.

No decision has been made on whether the voice experts can testify about the screams in the 911 call made during the confrontation.

Martin’s family believes it was the teen that was screaming for help, while it was Zimmerman’s father saying it was his son. Audio experts have given mixed conclusions.

Zimmerman has pleaded not guilty to a second degree murder charge, telling police he fired the fatal shot that killed Trayvon Martin in self-defense during a fight initiated by 17-year-old.

Friday, June 7, 2013

Analysis of 911 Call in George Zimmerman Trial

An FBI speech scientist testified in court today that current technology couldn’t determine the voice on a 911 tape being used in the George Zimmerman trial. The recording is a critical piece of evidence to determine who was screaming for help just moments before Florida teen Trayvon Martin was killed in February 2012.

If the screams were Zimmerman’s, it would support his claim of self-defense. If they were Martin’s it would weaken Zimmerman’s claim that he felt his life was in jeopardy when he shot the unarmed victim. Zimmerman says he acted in self-defense after Martin punched him in the face, knocked him to the ground and threatened to kill him.

“It’s a critical piece of evidence for the prosecution,” Kendall Coffey, a former Miami U.S. Attorney, said in a phone interview. “If the prosecution can convince the jury that it is the voice of Trayvon Martin, the jury might conclude that Trayvon Martin is the true victim and George Zimmerman is the killer.”

Coffey believes the prosecution’s strategy would involve following what Zimmerman says and if he is untruthful. For the defense strategy, Coffey believes the best strategy would be to argue that the new technology isn’t sufficient scientific acceptance and expert testimony.

Among the other things the judge has to sort out in this trial, there are other twists and turns. Coffey says the standard for whether you admit evidence based on new technology may be about to change as of July 1 in Florida.

Zimmerman’s trial is scheduled to begin on June 10, but lawyers are in court this week to determine the rules for the proceedings.