The Curious Case of Benjamin Crump
Monday, February 25, 2013 at 7:42PM 
Natalie Jackson, Dave Knechel and Benjamin Crump
The maelstrom that’s surrounded George Zimmerman since February 26 of last year reached a crescendo in the courtroom last week. Sort of. Then it waned. That his defense team has worked hard for him is something worthy of recognition, but little has been achieved during the course of the O’Mara reign — not that I’m doubting the defense team’s crowning victories; removing two judges from the bench.
What’s so interesting about the hearing to compel Benjamin Crump to be deposed (MOTION REGARDING DEPOSITION OF BENJAMIN CRUMP, ESQUIRE) is not so much that it was a loss to Zimmerman’s attorney, Donald West, who argued for it; it was that, even with a grant by the judge, what would have been gained? What would Crump have to offer other than opinion laced with innuendo?
In his response affidavit, Crump stated that he telephonically interviewed Witness 8, but before making the statement, he laid a foundation explaining what brought the interview about. For anyone to believe that he did so for the prosecution’s sake would be a fool. He did so at the behest of Trayvon Martin’s parents — for future civil litigation against the defendant. It is the interests of his clients that he considers. Yes, this includes some semblance of justice, but, to be specific, he was under no legal obligation to make the interview public, nor was he bound by law to turn it over to the prosecution or defense. Certainly, he was right when he did so.
6. On or about February 28, 2012, after local authorities refused to arrest Defendant, my law firm and I were engaged by Trayvon’s parents to, inter alia [Latin for “among other things.”], zealously pursue, defend and protect their rights as the next of kin of a homicide victim, as well as any wrongful death and other civil claims that they or Trayvon’s estate may have — including, but not limited to, statutory, common law and constitutional claims against Defendant and others arising out of or related to Trayvon’s tragic death, access to public records, and the criminal prosecution of Defendant (collectively, the “Litigation”).
In essence, this means Trayvon’s parents have every right to legally pursue in civil court the person who admitted to shooting and killing their son. Whether this was murder or self-defense will be decided in criminal court.
7. The broad scope of my engagement in regard to the Litigation has remained the same at all times material to the instant case and, since February 2012, my reputation has been continuous and remains ongoing. From the outset through the present, I have gathered factual information and performed legal research from which I have formed — and continue to form — my own legal opinions, conclusions, mental impressions and theories of liability in regard to the Litigation.
There it is, in stark black and white — OPINIONS! As noted by Bernie de la Rionda at the hearing on February 22, there was never anything substantially factual to be gained by deposing Crump and Judge Nelson soundly agreed. She continued to badger the defense, West, in particular, about relevance. To what purpose would it serve?
In my opinion, the judge took Crump’s affidavit at face value. She believed him. (It’s also interesting to note that West rebuked Crump’s title of Esquire in open court, yet used it in the title of his deposition motion.) She reminded the defense that, while Crump did interview Witness 8, he was not present at the shooting. He wasn’t listening in on the phone call between Trayvon or Witness 8, either.
In her order, Judge Nelson cited several cases supporting her decision. I believe this is to back her up later on if there is an appeal.
One of the problems West brought up about Witness 8 was the way Crump described her age. Was she 16 or 17 at the time of the recording? While I agree with the defense on this one, I side more with the judge. She scolded West and O’Mara by telling them they’ve had 10 months to depose that witness. Why haven’t they done so? You see, and this is my thought, why put the cart before the horse? Why not ask the witness first? Then, if you have questions, file a motion to depose Crump. Now, it’s too late. The defense lost this round.
But did they lose? Not really. While I understand the motion, I saw nothing to be gained had they won; nothing at all. The relevancy precluded it. Crump never had much more to offer than opinion, and there still remains that strong element called attorney/client privilege. And neither side would dare put him on the witness list.
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Along similar lines, tomorrow will mark the one-year anniversary of Trayvon’s untimely death. Battle lines are drawn, although there are no real fights in the physical sense. We’ve got www extremists on both sides that believe they are the one true authority. Well, that’s simply not true. The court is the only one that counts. Period. The rest is pure conjecture.
Zimmerman’s supporters believe Tracy Martin verbatim when he was questioned about the horrible cries for help heard on at least one of the 9-1-1 tapes. No, he initially said, that’s not Trayvon; however, he was under duress at the time, having just lost his son. Later, he rescinded that statement. What matters is what he will say on the stand, under oath, not what Internet people opine online.
What no one seems to relate to is that fathers have no intuitive instincts compared to mothers. What, you say? What is it about mothers waking up in the middle of the night before their babies start to whimper, let alone cry, yet fathers sleep right through it? Trayvon’s mother immediately recognized her son’s voice in those calls, so why isn’t that an important piece of the puzzle to Zimmerman loyalists? When Trayvon was growing up, did Tracy hear the cries of his son like Sybrina, who mended his cuts and bruises; who rocked him in her arms?
This is my point completely. Simply said, it’s wrong to make any assumption based on nothing more than presumption. Who knows for a fact right now whose voice screamed out in the dead of night clouded by light rain? The witnesses that spoke first and later changed their minds? George certainly knows. Sybrina, too, in her mind, and she will say so when it matters most — in the courtroom.
Why is it that the fans of Zimmerman question where Trayvon was “lying in lurk” when he had plenty of time to run home, yet couldn’t care less that George had nearly a minute to get back to his truck after crossing the “T” on the rebound where he claimed he was attacked? What was he really doing? He was still on the phone with dispatch!
You see, it’s not my point to prove what happened that night because I can’t, although I have walked the walk inside the Retreat at Twin Lakes and recorded it on video. I see what adds up and what doesn’t. Because of this, I think it was totally wrong for the defense to seriously consider that Crump could have offered anything more than his opinion on the homicide. Other than Zimmerman, the next best thing has been Witness 8. All along.
Pay attention to 4:56 in on the following video, NEN Call and Trayvon’s Walk. It documents the time based on statements given to the Sanford Police Department by George Zimmerman.
Dave Knechel | in Benjamin Crump, Bernie De la Rionda, Dave Knechel, David B. Knechel, David Knechel, Donald West, Eighteenth Circuit Court, George Zimmerman, Judge Debra S. Nelson, Judge Jessica Recksiedler, Judge Kenneth R. Lester, Jr., Marinade Dave, Marinade Dave Knechel, Mark O'Mara, Sanford, Sanford Police Department, Seminole County, Sybrina Fulton, The Retreat at Twin Lakes, Tracy Martin, Trayvon Martin, marinadedave | Share Article 
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Reader Comments (10)
Dave, your articles are always so well balanced. Thank you for that.
Of the live streaming of the 2/22 hearing, all sites seem to have had problems with the audio. I think I saw you in the courtroom. If so, did you hear anything about the audio problems?
Thank you, Xena. I thought I'd be a bit rusty, too.
Nothing was mentioned to us about an audio problem. I don't think the court was ever made aware of a problem, either, because there was no activity that seemed out of the ordinary. No one made any moves, so it may have been from the truck and not inside the courtroom.
Thanks Dave. Your commitment being there for hearings is greatly appreciated. I would love to meet Blackwell in person. He seems like a real bull dog.
Great post Dave. That's a good picture of you three. Looking forward to your next post.
Xena - Again, thank you. I would have liked to meet Blackwell, too, but on both occasions, once his job was finished, he left the courtroom while the hearing continued. He sure did have a lot of character and pizazz. Definitely a pro.
Thank you, Joanna. I think it's a good picture, too, and I'm proud of it. My next post should be a real doozy. Hopefully, I can get it posted by late tonight or tomorrow morning.
Dave, I can go on extensively how you generously spend your time enlightening us on facts which many of us are not insightful enough to give a glimpse. Thank you for all here, back, and hereafter.
The Video has assured me that during the time of hesitancy in George's pursuit, a little slower breathing and quieter wind sound, was that he was removing his gun from his holster, he did not stop. He found his way to some bushes where he got a few scratches in his anxiousness and perceived physical attack on a young black teenager. Being alive, to George, was the only wrong Trayvon could have been doing. I do not find his detailed description on crossing over his hand to remove his gun while Trayvon was bashing his head as being true. We all know Trayvon was killed outright, by one who already had his imaginative bullet traveling the distance as he stalked and tormented, from which he got his greatest gratification, more than the actual kill itself. Once Trayvon was dead, George chose to blame GOD! How dare anyone say his act was in any plan of Almighty One God, Yahveh.
My thought in prayer for the parents of Trayvon Martin, special today, as they patiently wait for justice to be given their innocent young and loving son. One can not bring Trayvon back, but as one more, I can assure them that there are many, impossible to count, who do care for their loss and mourn the lost life of their precious young man, TRAYVON!
To Trayvon,
One year ago today February 26th, the unforgettable hour approaches. The undisputed despicable crime that George Zimmerman carried out against you. You and your parents are united in the HOLLINESS of LOVE you have for each other, of and for Almighty God, who never ever had in HIS plan that you die the way you did. Of course you know that! You, who are with HIM.
Thank you for your message, thoughts and prayer, New Puppy.
I haven't been all that generous of late. I've lapsed in my work, but this is a very special day and I am hoping to have something up tonight or tomorrow, depending on how things work out.
It's OK Dave! I want you to know this, ALWAYS! You have given of yourself with great respect to all who visit here by your consciousness of fairness and diligent fact searching brought to your blog. Pace yourself as only you know best!
I have given, alright, and I gave again tonight. I went up to the Retreat at Twin Lakes and shot some video footage. I also took still images. It gave me a different perspective on the event that took place last year, which I will document in a new post/video. I don't know if I will finish it tonight or not.
Thanks again, New Puppy.