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Justice For Trayvon - Justice For Daniel

Please this subsequent Open Letter to FOX's Bill O'Reilly by John Hurtado

The best legal arguement

Dear Mr. O'Reilly,
I am writing you because today's Talking Points entitled Why the Media and Politicians fear African Americans  has finally touched an issue that is far worse than what happened to the two reporters in Virginia.  

On April 3, 2012, in Phoenix, Arizona, a story that is what we law students call on all 4's compared with the Trayvon-Martin case continues to fall on deaf ears not just by the media, but also by law enforcement where an African-American shot and killed an unarmed Hispanic (White) male.  

In this case, simply because he claims self-defense, rather than the facts and the law weighing in his favor, is not charged for killing Daniel Adkins.

However, unlike the Trayvon-Martin case, there is not one iota of evidence that would allow the killer, Cordell Jude, to raise "self-defense" as an affirmative defense, much less entitle him to immunity.

I think a short explanation of the two is important because each have different entitlements and standards.  For example, under a self-defense claim, Cordell would be allowed to claim (as an affirmative defense in both criminal and civil court) that he had no other choice but to use deadly force against Daniel.  

However, before he can raise self-defense under Arizona case law there must be an iota of evidence that an objective reasonable person would have acted the same way he did.  According to the facts, we know this is not the case.  Under immunity, Cordell would enjoy a shield from both civil and criminal prosecution.  

However, to benefit from this codified privilege, he would have to be in a lawful place and not involved in any unlawful activities.  In this case, Cordell admits to the detectives that he drew his pistol from his sweatpants underneath his waistband, which Arizona courts have found to be "concealed" when hidden in this manner.  

The rationale for this requirement is that if a person saw an armed man he would avoid that person rather than confront him.  The statute is intended to protect victims such as Daniel.  

Moreover, a review of Cordell's Twitter account reveals that he is under the influence of marijuana from the moment he wakes up and throughout the day.  Again establishing a misconduct involving weapons in violation of Arizona law.  

In Arizona, it is a class 4 felony to carry a concealed weapon without a permit and not in a holster, and while under the influence.  Cordell does not have a concealed weapons permit.  Thus, at the time of the shooting, Cordell was "engaged in an unlawful act," which precludes Cordell from the privilege of justification.  

I have argued to Phoenix's detectives and district attorney that the petition in is not what motivated Florida prosecutors to charge Zimmerman with second degree murder.  

They did so only because of the political pressure that was placed upon Sanford, FL., and is the same political pressure that precludes them from acting.  Without taking sides, and only reflecting on the facts and the law, in my opinion Zimmerman is entitled to complete immunity.  

As you probably heard during his bond hearing, the investigator in that case stated under oath that he had no evidence to support any of his claims in the charging documents.  Moreover, under Florida's law, even if Zimmerman confronted Trayvon the fact that he was getting his head bashed into the concrete would entitle him to a claim of self-defense.  I point that out because, again in my opinion, the reason that the district attorney has not charged Cordell is that he is afraid often race-baiting that occurred in Florida.  

If you recall, Al Sharpton, the New Black Panthers, and Obama himself came out and basically stated that if a black man had shot a white man and claimed self-defense, he would have been arrested.  

What is happening to Zimmerman and Daniel is the result of the judicial system having run amok and has turned a blind eye to justice to cover for the false-claims made by the likes of Sharpton and certain members of the media that "justice is not blind."  

In Daniel's case, I doubt Al Sharpton and Jessie Jackson will march on behalf of Daniel, demanding the arrest of Cordell.  

Moreover, the mainstream media, those who initially altered the audio and video in the Zimmerman-Martin case may not run the story unless it serves some purpose.  

Take for example the position CNN took to protect Cordell, stating "CNN is withholding the shooter's name because he has not been charged with a crime compared to when they first reported the shooting of Trayvon Martin on March 13, 2012, and purposely revealed Zimmerman's name quoting others: "police have said Mr. [George] Zimmerman  Mallory Simon and Ann O'Neill, CNN, had plenty of sources to quote from to reveal Cordell's name.

The fact remains, according to his police statements, he deliberately removed his weapon from his sweatpants, took aim, loaded the gun, (presumably in a manner that Daniel didn't see it or else he would have run) and shot and killed Daniel Adkins.  A murdering thug remains free as a result of the race-baiting, deliberate altered evidence, and false claims by those we trust to inform and protect us.  On April 9, 2012, just six days after killing Daniel, Cordell responds to a tweet from a friend who heard what happened in Phoenix, "@AyoHBK yea man some bs but I'm good cuzo u knw I gota do me."  Meaning, "yeah man, some bullshit, but I'm good (cousin, friend, homie) you know I have to handle my business."  

I only wonder what music he was listening to at the time of the shooting because he later tweets "@DamnSheGotASSSS Eminem music will have you ready to kill somebody."

Mr. O'Reilly, Daniel's family, and the public, need your help in holding the district attorney in
Arizona accountable for not upholding his oath of office.  We have presented to law enforcement and DA a legal argument, citing Arizona statute and case law, why Cordell must be arrested and charged for the killing of Daniel Adkins to no avail.  The petition is attached, and here is a link to it

On Behalf of the Family of Daniel Adkinsclass="style31" style="font-family: "Times New Roman"; mso-fareast-font-family: "Times New Roman"; mso-ansi-language: EN-US; mso-fareast-language: EN-US; mso-bidi-language: AR-SA"> Thank you very much!
Let's together make this happen