Orlando , Florida ( CNN ) -- If George Zimmerman were a 28-year-old black man who shot and killed a 17-year-old white teenager under the same circumstances as alleged in Trayvon Martin 's death , would he have been immediately arrested ? After 30 years as a trial attorney , I can unhesitatingly say , `` Of course . '' Herein lies the cultural and racial inequity which has largely led to the polarization and division over culpability in Trayvon 's death . It 's perplexing that some have criticized my belief that we must withhold judgment on the case until we have all the facts and evidence , especially the forensics . Many people have made up their minds and refuse to listen to other points of view -- newly discovered facts and evolving evidence be damned . When I criticize the prosecutor 's handling of the case or suggest hypothetical situations that are consistent with the evidence , some interpret those comments as pro-Zimmerman . They flatly reject any scenario other than that of George Zimmerman racially profiling Trayvon Martin and then shooting and killing him . The late , great Andy Rooney captured this dynamic best when he commented , `` People will generally accept facts as truth only if the facts agree with what they already believe . '' Although Trayvon Martin 's killing is a tragedy at the highest level , his death and the prosecution of George Zimmerman symbolize so much more . The issues they raise belong in the public discourse , but should not influence or cloud the facts or outcome of the case . Many African-American men have been killed since Martin 's death and undoubtedly more will follow . It 's likely that none of their names will be well-known . But Trayvon Martin has become a rallying cry for all the wrong that still exists in America regarding race and unequal treatment in the criminal justice system . It 's rare that a person of color in America has n't experienced some sort of bigotry or profiling . Most of them , their families or friends have experienced unequal treatment , bigotry , sneers , insults , misplaced suspicions or police misconduct that was racially motivated . Martin 's shooting death represents an opportunity to express and address the injustices which still regularly happen but mostly remain unanswered or unaddressed . Racial equality has advanced far from where it was , but the struggle is not over . African-Americans know injustice still exists . From what I know , regardless of how the evidence plays out and the discovery unfolds , the Sanford Police Department bears great responsibility for the firestorm of this case . If Zimmerman had been immediately arrested , or if the Sanford Police Department had conducted a thorough investigation before it announced there would be no arrest , then it 's likely the controversy would not have reached such enormous proportions . To much of the public , it appears as if authorities were dismissive when confronted with the case of another young black male being shot and killed . Trayvon Martin and his grieving family deserve more . George Zimmerman deserves to have his case decided on its merits and not as public retribution for societal sins . What is inescapable to me , though , is that the institutional and insidious prejudice which still permeates many law enforcement agencies is the cause of so much of the outrage surrounding this case . I will continue to ask for judgment to be reserved until the evidence , discovery and forensics are received and reviewed . I want the truth . But I understand why facts might not make much difference to many people . Trayvon Martin 's death represents so much more to so many . For them , the chance to finally be heard benefits the greater good . The opinions expressed in this commentary are solely those of Mark NeJame .
Mark NeJame : Zimmerman would have been acquitted if he were black and Martin white . NeJame : The racial inequity in our society is behind the polarization in this case . Racism snarls up facts ; we must withhold judgment until all evidence is in , he says . The issues of racism must be aired , he says , but should not affect justice 's outcome .