O.J. SimpsonÂ’s prosecutor says he never would have brought the Trayvon case to court. Still, he argues, just putting George Zimmerman on trial was a victory.
“The struggle continues, our work isn’t over,” were the words of Melissa Harris-Perry an hour after the not-guilty verdict in the George Zimmerman trial. I agree. Work within the African-American community, work within the criminal-justice system and work on a national level to further the debate over racial profiling, civil rights and “stand-your-ground” laws must continue. The power of racial profiling and the power of the gun lobby is a lethal combination in America.
As a former prosecutor, I never would have brought the Zimmerman case to court. There was a high burden of proof giving way to reasonable doubt. That said, as an African-American, I know it was a victory just putting Zimmerman on trial.
No doubt, there will be a civil suit, and Zimmerman will have to testify. The outcome may echo OJ Simpson’s civil trial, in which he was forced to testify and was found guilty. (I was on the prosecution team in the Simpson criminal case.) Today, the NAACP wrote a letter to Attorney General Eric Holder requesting that the government prosecute Zimmerman under the Civil Rights Act. So truth and justice might be found for Trayvon Martin—in several other courts of law.
Yet I still believe in the criminal-justice system, as I did after the Simpson verdict. The OJ case polarized America, dividing us among hard racial lines. African-Americans felt justified supporting OJ as a “payback” for all the profound injustices we have suffered at the hands of the criminal justice system. But OJ Simpson was the wrong poster child for that righteous campaign. He was no hero, framed by the police. He was a cold-blooded killer, guilty of a gruesome double murder.
The election of Barack Obama pulled us up from the bleak hole created by the Simpson trial and unified many black and white people to believe and hope again—together. I do not see the same divide with the Zimmerman verdict. But the details of the case illustrate a real divide in racial experience. Would Zimmerman have followed a white teenager? Would he have thought that boy suspicious or a threat?
Our national collective expectation of equal justice is based on our feeling of morality—not legality. We want the morality of a situation to match the criminality. That is often not the result in our court system. Trayvon Martin had the right to be afraid, the right to fight a stranger who was armed and prepared to use deadly force against him. Trayvon Martin had a right to stand his ground. That is our moral position. Racial disparity in killings that are found justifiable demonstrates that black life is not as valued as white life in this country. That is our reality.
The televised Simpson trial became a trial about race, celebrity and wealth when it should have been about domestic violence and murder. The televised Zimmerman trial became a trial about demonizing Trayvon Martin, creating a black boogey man who could legitimize racial profiling and vigilante murder.