Wednesday 19 February 2014

Hot Pockets recalled for icky reason





  • USDA had closed meat plant that supplies federal nutrition programs

  • The meat plant, closed for 'insanitary conditions' reopened Wednesday

  • In separate action, Philly Steak and Cheese Hot Pockets may contain recalled meat

  • No illnesses have been reported in relation to the recall




(CNN) -- A California meat company suspended by the U.S. Department of Agriculture because of "insanitary conditions" is operating again, the agency said Wednesday.


"On Monday,(the Food Safety and Inspection Service) suspended operations at Central Valley Meat Co. due to insanitary conditions at the establishment," the agency said in a statement Wednesday. "After the company took corrective actions to address the issue, the suspension was lifted, and the plant has resumed operations."


The Central Valley Meat Co. in Hanford, California, supplies beef for federal school nutrition programs. In 2011, it provided nearly 21 million pounds of beef, or nearly 16% of the supply.


Meanwhile, Nestlé USA has issued a recall of two varieties of Philly Steak and Cheese Hot Pockets because they may contain meat the department has already recalled.


The two brands are Hot Pockets brand Philly Steak and Cheese in three different pack sizes, and Hot Pockets brand Croissant Crust Philly Steak and Cheese in the two-pack box.


For the exact batch code, please check this release.


Earlier, the USDA had recalled more than 8.7 million pounds of meat from the Rancho Feeding Corp. because it "processed diseased and unsound animals and carried out these activities without the benefit or full benefit of federal inspection." The Hot Pockets may contain some of this meat.


No illnesses have been reported in relation to the recall.


Eatocracy: What is 'adulterated' meat?


According to Nestlé, consumers should return the products to the place of purchase for a full refund or contact Nestlé consumer services at 800-392-4057.


In August 2012, Central Valley Meat was closed while the USDA investigated what it called "disturbing evidence of inhumane treatment of cattle" at the supplier following its receipt of a video from an animal welfare group.


However, the USDA said at the time the video found nothing that would compromise food safety.


Central Valley Meat was cleared to reopen a few days later after the USDA said the company "committed to a number of corrective actions, including additional humane handling training for employees and safeguards."


In October, Central Valley Meat recalled more than 89,000 pounds of ground beef, saying it may contain small pieces of plastic, according to the USDA. No illnesses were reported.


CNN's Saundra Young and Elizabeth Landau also contributed to this report.



Japanese cuisine -- which is best?





  • Interactive map highlights best of regional cuisine

  • Cuisine of Kyoto is characterized as simple and healthy

  • No surprise, best sushi is found in Tokyo

  • Best ramen? Some say it's from Sapporo





Turbulence causes injuries





  • Cathay Pacific flight CX879 from San Francisco to Hong Kong hit by severe turbulence over Japan

  • Two cabin crew and number of passengers injured in the incident, several taken to hospital

  • Follows similar incident on United Airlines flight earlier in week in United States




(CNN) -- Two cabin crew and six passengers were hospitalized after a Cathay Pacific flight hit severe turbulence as it passed over Japan yesterday.


The aircraft, a 747-400 flying as flight CX879 from San Francisco to Hong Kong, flew into turbulence early Tuesday, six hours before it was due to land at Hong Kong International Airport.


"Regrettably, two cabin crew and a number of passengers were injured in the incident," Cathay Pacific said in a statement.


"Those injured were given preliminary treatment during flight. Medical assistance was provided for the injured passengers and cabin crew immediately upon arrival.


"After initial medical examination, two crew and six injured passengers required further examination and treatment at hospitals while one passenger with minor injury was released."


The South China Morning Post reports that one crewmember was seen heading to the hospital in a neck brace and wearing an oxygen mask.


It quotes a passenger as saying: "It was even more intense than sitting on a roller coaster."


Earlier this week, five people were injured when a United Airlines flight hit turbulence.


Last year, a similar incident on a Singapore Airlines flight during meal service was caught on camera and spread around the Internet.


Turbulence is the most common cause of injuries in flight, though severe turbulence, which can force aircraft to deviate in altitude by up to 100 feet, is rare.


The website Airsafe.com claims to have identified six fatalities caused by turbulence.


Cathay added that it's collaborating with the Hong Kong Civil Aviation Department as they investigate this latest incident.



Dunn juror: 'I believed he was guilty'





  • Michael Dunn was convicted on three counts of attempted second-degree murder

  • Mistrial declared on first-degree murder charge; prosecutors say they'll seek a new trial

  • Dunn faces at least 60 years in prison, possibly 15 more for another charge

  • "We all believed that there was another way out, another option," Juror No. 4 tells ABC




The parents of Jordan Davis will appear on CNN's "New Day" at 6 a.m. ET Thursday.


(CNN) -- One of the jurors who convicted Michael Dunn of attempted murder after he fired into an SUV during a fatal argument believes he should have been convicted of first-degree murder.


"I believed he was guilty," Valerie said in an interview with ABC's "Nightline" early Wednesday. Also known as Juror No. 4, she asked that her full name not be given in order to protect her identity.


A Florida jury on Saturday night convicted Dunn of three charges of attempted second-degree murder for shooting into an SUV full of teenagers after arguing about their loud music. He was also convicted of one count of shooting into the vehicle.


But a separate first-degree murder charge in the death of 17-year-old Jordan Davis resulted in a hung jury. Prosecutor Angela Corey said she would seek a new trial on the charge.





Michael Dunn: 'I'm the f***ing victim'




Michael Dunn tape debate




Ben Crump on 'stand your ground'

Dunn faces 60 years or more in prison for the attempted murder charges when he's sentenced next month.


Split over self-defense


On the murder charge, Valerie said the jury split over the issue of self-defense.


Florida law says the use of deadly force is justifiable if someone reasonably believes that the force is necessary to prevent imminent death or great bodily harm.


In his testimony, Dunn insisted that Davis threatened him and that he saw a gun. Police never recovered a weapon.


Valerie said the jury's first vote was 10-2 in favor of a murder conviction. Over nearly 30 hours of deliberations, the vote became 9-3.


Attempted murder conviction


Ultimately, the jury convicted Dunn on the charges of attempted murder.


Valerie said all the jurors felt Dunn crossed a line when he continued to fire at the SUV as it fled the scene in Jacksonville. In their minds, any threat Dunn may have felt before had passed.


"We all believed that there was another way out, another option," she said.


But for Valerie, it never should have happened at all. Dunn could have chosen another path.


"Roll your window up, ignore the taunting, put your car in reverse ... move a parking spot over. That's my feeling."


Ron Davis, the victim's father, told ABC's "Good Morning America" he believed Dunn should have been found guilty of first-degree murder. But the father said he thought jurors tried hard to render a just decision.


"We believe absolutely with all of our hearts that they did everything that they could to come to what they believe was the most just decision," said Jordan Davis' mother, Lucia McBath. "We do now know that they were torn."


Jailhouse phone calls


The revelations from the juror come after prosecutors released recordings of nine phone calls Dunn made while he awaited trial in a Florida jail.


Some of the conversations were mundane, while others revealed a man who calls himself the victim and the victor.





Is Dunn verdict another Trayvon Martin?




Banfield: Stop Twitter death threats

"Like, I'm the f***ing victim here," Dunn said. "I was the one who was victimized."


"I mean, I don't know how else to put it," Dunn continued. "They attacked me. I'm the victim. I'm the victor, but I was the victim too."


Other comments by Dunn highlighted his negative perception of the teens.


"When the police said that these guys didn't have a record I was like, you know, I wonder if they're just flying under the radar," he told his fiancee, Rhonda Rouer. "Because they were bad."


Gas station confrontation


It was November 23, 2012, when Dunn pulled into a gas station in Jacksonville, parking next to a red Dodge Durango with four teenagers inside.


The teens had come in for gum and cigarettes; Dunn, meanwhile, had just left his son's wedding with his fiancee, who'd gone inside the convenience store for wine and chips.


Dunn didn't like the loud music -- "rap crap," he called it -- coming from the teens' SUV. So he asked them to turn it down.


What followed next depends on whom you believe. Dunn says Davis threatened him, and he decided to take matters into his own hands upon seeing what he thought was the barrel of a gun sticking out of the Durango.


But prosecutors say it was Dunn who lost control, firing three volleys of shots -- 10 bullets total -- at the SUV over music he didn't like.


After learning almost six hours later that he had killed Davis, Dunn testified that he became "crazy with grief," experiencing stomach problems for about four hours before taking a nap.


"My intent was to stop the attack, not necessarily end a life," he testified. "It just worked out that way."


Yet Rouer testified that Dunn had never mentioned any weapon to her -- be it a shotgun, a stick, a barrel or a lead pipe.


In fact, police found a basketball, basketball shoes, clothing, a camera tripod and cups inside the teenagers' Durango. There was no gun in the vehicle.


Dunn himself never called police. The first contact he had with them was at his home in Satellite Beach as he was being apprehended.


Arguing that he wasn't in a rational state of mind, Dunn admitted, "It makes sense that I should have (contacted authorities). We didn't. I can't tell you why."


Ron Davis told ABC he wants another trial.


"I want Michael Dunn to be tried and found guilty of killing my son, letting him know that it was wrong to kill my unarmed 17-year-old," Davis said. "All the other 17-year-olds out there, they shouldn't have to fear the adults with the guns that are running around here shooting them at will."


CNN's Greg Botelho, Steve Almasy and Sunny Hostin contributed to this report.



Woman waits 23 years for new face






The left side of Ayan Mohamed's face was untouched by the shrapnel that shattered the right side during the Somali Civil War. Ayan is photographed here without the niqab that she wears to avoid stares and unwanted questions.The left side of Ayan Mohamed's face was untouched by the shrapnel that shattered the right side during the Somali Civil War. Ayan is photographed here without the niqab that she wears to avoid stares and unwanted questions.

The shrapnel created a hole in Ayan's face, making it impossible for her to close her right eye and difficult to eat. Doctors plan to close the gap and repair the area using tissue from her forearm.The shrapnel created a hole in Ayan's face, making it impossible for her to close her right eye and difficult to eat. Doctors plan to close the gap and repair the area using tissue from her forearm.

Ayan sits with Edna Adan Ismail to her left, and Noela Phillips, chair of the Rotary Ayan Project organizing committee to her right, as they discuss her surgery set for February 22, 2014.Ayan sits with Edna Adan Ismail to her left, and Noela Phillips, chair of the Rotary Ayan Project organizing committee to her right, as they discuss her surgery set for February 22, 2014.

Edna Adan Ismail accompanied Ayan to Brisbane for surgery, bringing an end to an 11-year campaign to get help for the young Somali woman. Edna Adan Ismail accompanied Ayan to Brisbane for surgery, bringing an end to an 11-year campaign to get help for the young Somali woman.

A 3-D model shows the damage to the right side of Ayan's face caused by shrapnel from a bullet fired when she was just two years old.A 3-D model shows the damage to the right side of Ayan's face caused by shrapnel from a bullet fired when she was just two years old.









  • Ayan Mohamed to undergo surgery in Brisbane to rebuild her face

  • She was disfigured at the age of two during the Somali Civil War

  • Ayan is now 25 and has endured years of stares, pain and shame

  • Surgery in Brisbane is the result of an 11-year plea for help from Edna Adan Ismail




(CNN) -- Ayan Mohamed wears a niqab that covers her face, not for religious reasons but to hide what lies beneath.


"She wears it to cover the deformity. She covers it because people would stare, children would cry," says Edna Adan Ismail, Somaliland's former foreign minister and first lady. "It's not easy to look at."


Ismail founded the region's first maternity hospital, The Edna Adan University Hospital. The facility is now a bustling general clinic providing care to all.


For 11 years, she's been seeking help to repair Mohamed's face, which was torn apart by shrapnel during the Somali Civil War. Mohamed was just two years old when she was injured.





Somalliland Bankground

She is now 25 and can't close her right eye. Food falls from the hole in her cheek when she tries to eat. She's long learned to deal with stares and awkward questions.


"The hardest thing for her is when somebody asks what happened to her face," Ismail says, translating the softly spoken words from Mohamed, who's seated beside her. "It just hurts me," Mohamed says.


They're sitting at a press conference in Brisbane, Australia, a shiny modern city some 10,000 kilometers (6,000 miles) -- and a world away -- from her home and her daughter in Burao, northwest Somaliland in the Horn of Africa. Her child, Marwa, is just two years old, the same age as Mohamed when she was so horrifically injured.


Oral and maxillofacial surgeon Dr. John Arvier from the Wesley Hospital is explaining the extent of the damage to her face and what's going to be done to fix it by a team of experts, who are offering their services for free.


"Essentially Ayan is missing most of the tissue of her midface from the bottom part of the eye socket, the whole top jaw and most of the cheekbone and her palate," Arvier says.


"The surgery will involve replacing, with a small synthetic implant, the rim of the eye socket. Then the bulk of the missing tissue will be replaced by muscle that comes up under the cheekbone on the side of the head."





The hardest thing for her is when somebody asks what happened to her face.

Edna Adan Ismail




Skin taken from her forearm will be moved to her face, and a plastic surgeon will also use cartilage from her ear to rebuild her nostril. Extensive dental work will then be needed to reshape her smile.


From behind her veil, Mohamed expresses her faith in the team of surgeons. "I'm confident, I'm not worried."


Ismail adds, "She's a brave woman. She's had to live with this a long time... she's very relaxed. I'm the one who's falling apart."


She first heard of Mohamed's plight when the girl's mother went to her hospital several years ago seeking help. Then, the hospital in Hargeisa, Somaliland had been open just one year and didn't have the expertise to deal with Mohamed's problems. It still doesn't.


Ismail spread the word about Mohamed's injuries and a website was built. Photos were taken. And, since it was uploaded to YouTube in 2009, a video about Mohamed's need for help has been viewed more than two million times.


Two years ago, a group of Rotarians in Australia met and vowed to bring Mohamed to the country for surgery. It wasn't easy.


There's no postal service in Somaliland so something as simple as sending a letter required outside help. And then there was the travel -- Mohamed had to travel hundreds of kilometers to the Ethiopian capital Addis Ababa for scans, x-rays and assessments.


Just when the medical challenges seemed to have been resolved, the Australian government refused Mohamed's visa application. It was the second time a country had denied her approval to enter because her injuries weren't deemed to be life threatening.


"Since this is not a growing cancer or a heart condition or a situation that could kill her overnight, I guess some people would classify that as not life threatening," Ismail says. "But then when you're a young women what's more life threatening than not having a face?"


"The first visa denial was from the United States, and that was hard. And then when the visa was denied a second time in Australia, we thought 'who will have the courage to tell this to Ayan?'," she says.





She saw a river for the first time yesterday... and walking up to this conference room she saw fish in a fish tank for the first time.

Edna Adan Ismail




"Here's a woman who's only begging to have medical treatment which she's not able to access anywhere else. I'm glad that the decision was reversed," she adds.


Since Mohamed arrived in Brisbane there have been a number of firsts.


"She saw a river for the first time yesterday," Ismail says. "And walking up to this conference room she saw fish in a fish tank for the first time.


"She rode an elevator for the first time (and) we had a few lessons to learn how to ride the escalator -- we had a few almost-trips but we're here," she laughs.


Ayan will undergo surgery on Saturday. Recovery will take weeks, if not months.


When the scars have healed Ayan hopes to be able to face the world for the first time with nothing to hide.


"She says she's looking forward to removing this," Ismail says, motioning toward the black niqab that cloaks Ayan's features, "and to have a face like everyone else."



Loneliness: 5 things you may not know





  • For some, chronic loneliness is a way of life

  • Loneliness can hurt your ability to sleep well

  • It may also contribute to dementia and heart problems, studies suggest




Editor's note: Tune in to CNN's "Piers Morgan Live" at 9 p.m. ET Wednesday to hear Dr. Sanjay Gupta discuss the #justsayhello initiative aimed at combating loneliness.


(CNN) -- Nearly everyone feels lonely at some point. The good news is, for many of us, it's a temporary condition, perhaps one caused by a life change: moving to a new location, for instance, or starting a new job.


But for other people, loneliness is a way of life, one that may stem not from the number of people around them but from a lack of connection with others. And, research has showed, chronic loneliness can have adverse consequences for your health.


Scientists are still examining the link between mental and physical health and how loneliness affects our bodies. But you may not know about some of their findings over the years.


It may affect your brain in a way similar to physical pain


As Dr. Sanjay Gupta writes in a column for O Magazine regarding a 2003 study:


"A remarkable study led by Naomi Eisenberger, PhD, an associate professor of social psychology at UCLA, found that being excluded -- which can push you to the social perimeter and, as a result, cause feelings of loneliness -- triggered activity in some of the same regions of the brain that register physical pain.


"From an evolutionary perspective, this makes sense; our prehistoric ancestors relied on social groups not just for companionship, but for survival. Staying close to the tribe brought access to shelter, food, and protection. Separation from the group, on the other hand, meant danger.


"Today when we feel left out, our bodies may sense a threat to survival, and some of the same pain signals that would engage if we were in real physical danger are flipped on. In the chronically lonely, levels of the stress hormone cortisol shoot up higher in the morning than in more socially connected people and never fully subside at night."


The importance of belonging


It can keep you from getting a good night's sleep


People who feel lonely tend to experience more nighttime sleep disruptions than those who don't, a small 2011 study found.


Researchers found that the link between sleep disruptions and loneliness persisted even after marital status and family size were taken into account, suggesting that loneliness depends on how people perceive their social situation rather than the situation itself.


The 95 participants in the study all had strong social connections and were part of a close-knit, rural South Dakota community. Yet, researchers found, even small differences in their degrees of loneliness were reflected in their sleep.


It can increase your risk for dementia


In a 2012 study of nearly 2,200 older adults living in Amsterdam, researchers found that participants who reported feeling lonely -- regardless of the number of friends and family surrounding them -- were more likely to experience dementia than those who lived alone.


Study participants were ages 65 to 86 did not show signs of dementia and did not live in institutions such as nursing homes. About half lived alone, and 20% reported feeling lonely. Nearly two-thirds were women.


After adjusting for factors like age, the researchers found that feeling lonely raised the risk of dementia by 64%. But, they cautioned, that does not prove that loneliness causes dementia and noted that the opposite could be true as well, because dementia and its accompanying mood changes could contribute to some of the social withdrawal of loneliness.


It may contribute to premature death


Two other 2012 studies found that living alone -- or just feeling lonely -- may increase a person's risk of early death.


One study followed nearly 45,000 people ages 45 and up who either had heart disease or were at high risk for it. Those living alone, the study found, were more likely to die from heart attacks, strokes or other complications over a four-year period than those living with family or friends or in some other communal arrangement.


A second study focused on those 60 and older and found that men and women were 45% more likely to die during the study period (six years) if they reported feeling lonely, isolated or left out. But those who reported loneliness -- 43% of the study population -- weren't necessarily living alone. Researchers said the link between lonely feelings and health problems held even after living situation, depression and other factors were taken into account.


Fighting loneliness and disease with meditation


It may break your heart (literally)


People who report being chronically lonely may have an overexpression of genes connected to cells that produce an inflammatory response to tissue damage, according to a 2011 study of 93 adults.


Although that inflammatory response may be good in the short term, long-term inflammation can lead to heart disease and cancer.


The study found only a correlation between gene expression and loneliness, so it's not certain that one can cause the other. However, study co-author Steven Cole suggested that anti-inflammatory drugs may be helpful for people who can't shake lonely feelings.


Watch Piers Morgan Live weeknights 9 p.m. ET. For the latest from Piers Morgan click here.



Hoffman's will guides son from Hollywood






The casket carrying Oscar-winning actor Philip Seymour Hoffman leaves the Church of St. Ignatius Loyola after Hoffman's private funeral service Friday, February 7, in New York City. Hoffman, 46, was found dead in his Manhattan apartment February 1.The casket carrying Oscar-winning actor Philip Seymour Hoffman leaves the Church of St. Ignatius Loyola after Hoffman's private funeral service Friday, February 7, in New York City. Hoffman, 46, was found dead in his Manhattan apartment February 1.

Hoffman's longtime partner, Mimi O'Donnell, watches Hoffman's casket as it is loaded into the back of a hearse.Hoffman's longtime partner, Mimi O'Donnell, watches Hoffman's casket as it is loaded into the back of a hearse.

Actress Cate Blanchett and her husband, Andrew Upton, leave the funeral service. Hoffman and Blanchett co-starred in "The Talented Mr. Ripley."Actress Cate Blanchett and her husband, Andrew Upton, leave the funeral service. Hoffman and Blanchett co-starred in "The Talented Mr. Ripley."

Director Mike Nichols and his wife, Diane Sawyer, attended the service. Nichols directed Hoffman on Broadway in "Death of a Salesman."Director Mike Nichols and his wife, Diane Sawyer, attended the service. Nichols directed Hoffman on Broadway in "Death of a Salesman."

Actor Ethan Hawke hugs another mourner after the service. Actor Ethan Hawke hugs another mourner after the service.

Actor Joaquin Phoenix, left, exits the church. Phoenix appeared with Hoffman in "The Master."Actor Joaquin Phoenix, left, exits the church. Phoenix appeared with Hoffman in "The Master."

Pallbearers lift Hoffman's casket into the back of a hearse.Pallbearers lift Hoffman's casket into the back of a hearse.

Writer David Bar Katz, wearing glasses, is embraced as he arrives at the church. Katz found Hoffman's body.Writer David Bar Katz, wearing glasses, is embraced as he arrives at the church. Katz found Hoffman's body.

Actress Meryl Streep, left, starred with Hoffman in "Doubt."Actress Meryl Streep, left, starred with Hoffman in "Doubt."

Actress Michelle Williams, wearing glasses, worked with Hoffman in "Synecdoche, New York."Actress Michelle Williams, wearing glasses, worked with Hoffman in "Synecdoche, New York."

Actress Ellen Burstyn and comedian Louis C.K. attended the funeral.Actress Ellen Burstyn and comedian Louis C.K. attended the funeral.

A man cleans the steps of the church.A man cleans the steps of the church.








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  • Philip Seymour Hoffman died of a heroin overdose earlier this month

  • His 2004 will, written before daughters were born, was made public Wednesday

  • Hoffman wants son exposed to culture, arts and architecture of three cities

  • His estate goes to "friend and companion" Mimi O'Donnell




(CNN) -- Philip Seymour Hoffman's last wish for his son was that he grow up in New York, Chicago or San Francisco, according to the late actor's will.


Hoffman, who died of a heroin overdose earlier this month, left his entire estate to "friend and companion" Mimi O'Donnell, who is the mother of his three children, according to the document released by the Manhattan Surrogate's Court Wednesday.


It was signed by Hoffman in October 2004, when his son, Cooper, now 10, was just a year old and before daughters Tallulah and Willa were born.


"It is my strong desire, and not direction to my guardian, that my son, Cooper Hoffman be raised and reside in or near the borough of Manhattan in the State of New York, or Chicago Illinois, or San Francisco, California," Hoffman stated in the 13-page will.


That provision was in a section that applied only if O'Donnell was not living at the time of his death and if a guardian was to be appointed for his children.


If living in his preferred three cities was not possible, Hoffman requested that his son at least visit there twice a year.


"The purpose of this request is so that my son will be exposed to the culture, arts and architecture that such cities offer," Hoffman's will said.


Noticeably absent from his list is Los Angeles, given Hoffman's fame as a Hollywood actor.


Hoffman named O'Donnell as his estate's trustee and executrix of his will.


Hoffman, 46, was found on the bathroom floor of his apartment, a needle in his arm. He was pronounced dead at the scene.


Investigators discovered close to 50 envelopes of what they believed was heroin in the apartment, law enforcement sources said. They also found used syringes, prescription drugs and empty plastic bags of a type commonly used to hold drugs, the sources said.


Hoffman, who was nominated for Academy Awards four times, won the Oscar for best actor in 2006 for his portrayal of writer Truman Capote in "Capote." He earned Academy Award nominations for roles in "Charlie Wilson's War," "Doubt," and "The Master."


CNN's Allie Malloy contributed to this report.



It's about race not stand your ground





  • Mark O'Mara: "Stand your ground" eliminates duty to retreat from a threatening situation

  • He says according to testimony in two Florida cases, retreat wasn't perceived as an option

  • O'Mara: "Stand your ground" should be removed from jury instructions to avoid confusion

  • He says we need to deal as a society with how race affects perceptions




(CNN) -- There has been a lot of debate about Florida's "stand your ground" law in recent days. From my perspective, the George Zimmerman and Michael Dunn cases were not "stand your ground" cases, although I know reasonable people disagree about my stance on this.


What I think most people can agree on is that the "stand your ground" law is confusing. I know because I've tried to explain it a hundred times. And here is my 101st attempt, this time in the context of the hung jury on the murder charge in the Dunn trial.


When you hear "stand your ground," think "no duty to retreat." For centuries, traditional self-defense implied a duty to retreat, meaning when someone finds himself in a threatening situation, he has a duty to exhaust all viable options to retreat before resorting to deadly force.



Mark O\'Mara


The problem with the duty to retreat is that, in the cold light of day, jurors may have a better perspective on a person's options to retreat than the person had during his life-threatening encounter.


Because of concern over this Monday morning quarterbacking -- and with the thought that we were sending people to jail who were otherwise justified in using deadly force -- legislatures in many states modified their justifiable use of force laws to say that people who have a reasonable fear of imminent great bodily harm or death very affirmatively DO NOT have a duty to retreat.


In other words, they can "stand their ground" and meet force with force, including deadly force. "Stand your ground" refers specifically to the removal of the duty to retreat.


In a self-defense scenario where imminent harm is so immediate that retreat is not possible, there is no "duty to retreat" to waive, and therefore "stand your ground" does not apply.





Is Dunn verdict Zimmerman?

According to evidence presented at his trial, at which I represented him, George Zimmerman was on the ground, being beaten, when he pulled the trigger; he had no way to retreat, and it was not "stand your ground."


Michael Dunn, if we are to believe his story, thought Jordan Davis had a shotgun; there is no retreating from a shotgun at short range, and therefore it was, arguably, not "stand your ground."


If we repealed "stand your ground" laws tomorrow -- if we reinstated the duty to retreat -- George Zimmerman still gets an acquittal, and the Dunn jury still hangs.


The underlying concern with the statute is that those who are aware of it may be emboldened by its protection, and place themselves in, or remain in, a circumstance that increases the likelihood of using force.


A concern with the national focus on these two recent cases is that the concept of "stand your ground" has been misperceived by so many that there are now those who believe use of deadly force is more justified than it is, and there are those who believe that it is intentionally used to kill minorities.


Even if unintended when enacted, "stand your ground" suffers from enormous misunderstanding and, consequently, mistrust.


People who think I'm wrong and who argue that Zimmerman and Dunn are, in fact, "stand your ground" cases often point out that the "stand your ground" language from the statute appears in the jury instructions. It does. There's a lot of language from Florida's justifiable use of force statute that shows up in the jury instructions, and in any given self-defense case, much of it doesn't apply to the details presented in court. I think this is why juries -- and not just Florida juries -- find deliberating self-defense cases so challenging.


There is a simple solution: I think we should remove the instructions about "no duty to retreat" in any self-defense case where the facts don't support it.


After defending the Zimmerman case, and after providing in-depth commentary on the Dunn trial, I've discovered that when people say they have a problem with the "stand your ground" law, it's not really the "no duty to retreat" aspect of our self-defense laws that gets them upset.


What causes people to be upset is the concept of "reasonable fear" and how subjective it is. In effect, it is possible for someone to believe they are justified in killing another human being -- that they have reasonable fear -- even if that fear turns out to be unwarranted in the cold light of review.


The standard is, and has to be this: Was that fear reasonable under the circumstances? This has been the standard for determining self-defense for centuries, and it has nothing to do with "stand your ground."


Repealing the "stand your ground" provision won't change the fact that sometimes self-defense homicides will be ruled justified based upon a technically unwarranted, but otherwise reasonable, fear.


The concerns that are voiced in this regard are more properly focused not on a law, (be it "stand your ground" or simple self-defense), but on the system that harbors subtle but undeniable biases toward certain demographics.


Where the discussion about the strange nuances of our self-defense laws becomes most disturbing is when you introduce race into the equation.


I think it is sufficiently established as a sociological fact that black men -- especially young black men -- are regarded by many people, of all races, as more suspicious and more threatening than men and women of other races. It's heartbreaking to think this is true, but it's folly to deny it. If young black men are regarded, in general, as more threatening, then some people may be more likely to manifest that fear -- however unwarranted in the individual case it may be -- and act on that fear, sometimes with deadly force.


When this element is added, the job of the jury includes trying to wade through whether these subtle biases (or justifications) for fear are present, and what weight to give them. Now, we are asking our juries to see deep into the heart of the citizen accused -- maybe too deep. Is it fear, or disdain? And how much of each?


It's outrageous that these tragedies occur, but repealing "stand your ground" laws will not stop them. The problem is not in our legislation, it's in our collective hearts. We have a system that is still, without question, the best in the world, but it's far from perfect.


It still, unfortunately, carries with it the inertia of more overt racial inequities from our recent past. As an example, while there are studies that support that the immunity afforded by "stand your ground" can produce racially disparate results, I contend the statute itself is race-neutral, and it is the inequitable application that evidences an inherent bias of the system.


But our self-defense laws are not the only laws applied with racial inequity. Look at the incarceration statistics in the United States: Black men are disproportionately represented by an extraordinarily wide margin for virtually every type of crime, from petty theft to drug charges to murder. Repealing laws against these crimes won't fix the problem of racial inequity in our justice system, just as repealing the "stand your ground" provisions will not either. Rather, the solutions lie in a more system-wide or society-wide approach.


We have a success in this area already. The recent changes to federal sentencing statutes to address the strong negative effect on blacks charged with certain crack cocaine charges shows that we can both acknowledge these disparities in application and change them.


In addition, the systemic biases are not simple to explain. While it is admitted that there is bias in the system, this does not fully explain the numbers. The black community must look not only to the system, but also to itself for answers to how and why young black males find themselves in the system in wildly disproportionate numbers.


There is no easy or quick solution. I am, however, encouraged for this reason: We, as a nation, have focused more energy, and have begun more discussion on these issues than I have ever witnessed. At least not since the days of my childhood, when I was too young to offer a voice to the conversation about civil rights, a conversation started by men I respected, men who, unfortunately, died too young. It takes courage, it turns out, to talk about race.


I believe that we can fix the problem of racial inequity in our justice system, but first we have to admit that the problem exists, and then we have to have the courage to engage in an open, honest and thoughtful conversation about the true state of race relations in America.


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The opinions expressed in this commentary are solely those of Mark O'Mara.