Why Zimmerman may be hard to convict....
1. He’s innocent...
If he’s quoting the Merriam Webster Online Dictionary, then he’s not a lawyer.
assuming this even gets to trial a big IF!
The prosecutor could go to trial with that one charge or the jury could be told to include lesser charges as to guilt.
Obviously a trial with only the 2nd degree count being allowed would be in GZ’s favor if the evidence is what we all think.
Oh, btw, my step-mother was a lawyer, my nephew spent 3years in prison with a legal library card, I succesfully beat a speeding ticket, and my wife has sued a tanning salon and a dentist for malpractice successfully, and we’ve all been reimbursed against future health claims for living in Govt. FEMA trailers. I think I qualify.
It’s nonsense.
The bit about Zimmerman “disobeying” the dispatcher and obstructing justice etc. is so absurd it is laughable.
The premise that in Florida the jury must convict on second degree murder or free the defendant is wrong. The jury is permitted to instead convict on a lesser included offense, which in the case of second degree murder includes manslaughter.
In any event, there are NO facts reported by any news media that can form the basis of a finding of guilty beyond a reasonable doubt on ANY offense.
Commentators claim the special prosecutor must have some sort of secret evidence to justify the charging affidavit, but that seems EXTREMELY unlikely given the media attention to this case and all of what has been reported about the police investigation.
Having to look at that prosecutor for a long trial is cruel and inhumane punishment, and a reasonable judge would set Zimmerman free for punishment served.
This whole sham is so laced with race politics and class warfare, that it stinks. Zimmerman gets his day in court like any citizen would where the FACTS will come out before a jury.
The professional liberal race pimps and the complicit radically liberal media are trying to try Zimmerman on the news stand. Anyone who pays any attention to them is a fool.
Our system of justice, under attack as it is by the radical Obama Thug administration, will determine the guilt and merit of Zimmerman -— not the class dividers and race baiters. WHAT A CROCK !!!
First of for murder there has to be intent. there wasn’t.
Then under FL there needs to be a depraved mind. a form of intent and based what we know that didn’t exist either.
Whole thing is a put up job.
This is a political case. He will be convicted regardless of what the law and the facts may be.
Welcome to the Obamanation.
2. IS a complete fabrication (IIRC started by the Revs)
Couldn’t get beyond it as it appear to be more BS.
If you read through the hand book used by the Neighborhood Watch group, GZ was following the instructions in the book explicitly. The dispatcher even suggested he keep an eye on TM. It was after that suggestion that he got out of the vehicle.
I'm not going through the whole list of dumb things in this article, but how about one paragraph?
When the 911 operator said to not get involved, Zimmerman disobeyed the operator and confronted Martin. By not obeying the order, this can be grounds for obstruction of justice, an arrestable offense, therefore, satisfying two of three within the laws of second degree murder.This is incorrect on several counts. First, he did not call 911, it was the police non-emergency line. Second, the operator's suggestion was not a "lawful order" which Zimmerman was in any way bound to obey. Which means, of course, (third) the conclusion about obstruction charges is also incorrect. Finally, we don't actually know that Zimmerman "confronted" Martin. The account of Martin's girlfriend, in which Martin starts the conversation by challenging Zimmerman would seem to suggest the opposite.
As for manslaughter, which the writer seems to think is off the table, it is automatically a lesser included charge under murder two, which will certainly be part of jury instructions.
If,by chance,there *is* an acquittal in the state court the nation's esteemed (but not by me) Attorney Corporal will weigh in,unless he's been demoted to civilian ambulance chaser by then.
You're suppose to WHINE!!..
Romney voters might agree with that...
Former State Prosecutor here (25 years).
Much to the chagrin of a fair number of individuals (per the private mails I have gotten), I have maintained, and STILL maintain, that it was 100% appropriate to charge Zimmerman. I have also said, that a conviction is another thing. Not sure what your question is, but let me try and address the issue.
It seems that your question is the “depraved mind”. That is really a term of art and has nothing to do with insanity. Second Degree murder is murder minus the premeditation. The frequently used example is someone randomly firing guns in residences, or in the air, or shooting bottles in their window next to another house. There is no premeditation in any of those actions, but the act itself is so “depraved” that anyone of even basic intellect would know that would kill someone.
Next is the Voluntary v. Involuntary. Voluntary is the old “heat of passion” murder, i.e. you walk in on your spouse having sex with someone else and in a fit of rage kill one or both of them.
Involuntary is typically death via DWI (DUI) or reckless behavior such as speeding 65 in a 25 mph zone and hitting someone.
Now this case, if I were prosecuting, I would argue the following for each charge:
1. 2nd Degree - that by ignoring the police and chasing down someone, while armed, Zimmerman was extremely reckless to the point of “depravity. I would also suggest that any false statements I can prove (and there sure seem to be some) indicate that his version is not to be believed and that he chased down Martin with a “hair trigger” and was just begging for an opportunity to shoot.
2. Voluntary - Zimmerman reacted angrily and with excessive force. He was angry to the point of heat of passion because he thought the police were going to let yet another one get away. That when Martin confronted him, he unjustifiable shot him.
3. Involuntary - Zimmerman had no intention to shoot, but he was out there, in the dark chasing down someone. Zimmerman did not have police training, ignored police instructions, and that his extremely negligent behavior resulted in someone’s death.
There WILL be a hearing on “stand your ground”. Zimmerman has a VERY tough way to go with that one. Because he initiated the chase, he can not avail himself of self-defense. The only argument his atty can make is that he broke off the pursuit and that Martin jumped him. However, based on what I have seen (which is NOT all the evidence so there is a danger of trying via the press), Zimmerman has serious credibility issues. He’s got a 50-50 on winning this motion. Not at all sure of the law in FL, but in VA that would be a closed hearing with that evidence being kept confidential by the court.
Also, Voluntary and Involuntary are lesser included offenses of 2nd. If the Prosecution so requests, then the jury can find guilty of one of those lesser offenses instead of 2nd.
If for some reason they don’t ask for the lesser included instructions ,then, you are correct, double jeopardy prohibits re-trying for Voluntary or Involuntary.
Finally, the Fed charges (if any) are not lesser included so Double Jeopardy does not apply. However, I would be VERY surprised if there are Fed charges. I just don’t see hate crime evidence. I wouldn’t be shocked, but surprised.
Hope that helps a little.
This is a widely disseminated LIE. The 911 transcript clearly shows Zimmerman was given no order, no warning. Answering affirmatively that he was following, he was only told this: "Ok. We don't need you to do that.”
That is no order. That is no warning. There is nothing to obey. That is not even a request not to follow.
Was listening to dad’s TV while I do some chores. Think he may have it on CNN. Commentator caught my ear while talking about this case. Referred to witnesses changing their stories from the initial interview done by the police, the night of the incident. (Bet we know who he was talking about.)
He specifically mentioned the person changed statement to it was a “young boy” yelling for help.
Wait till the videos come out of the 6’3” hooded kid. Surprise! Surprise! (I assume his voice had changed....LOL)
Based on my current knowledge of the facts, I’d currently vote to acquit, were I on the jury. However, I’m not at all committed to that position, and could be persuaded otherwise.
That said, I think this is one of those rare cases where a public trial must happen. There is no other way to ‘clear the air,’ and Zimmerman would greatly benefit by having the evidence publicly presented (and legally vetted by the prosecution’s failed attempts to refute it) that clearly exonerates him—assuming that’s what it will do.
That is not true. A police dispatcher can not issue a lawful order and even so, there was no order and it is not ever clear Zimmerman disobeyed.
While the Zimmerman/Martin ‘white’ on black killing is covered 24/7 on the MSM with an outpouring of rage and charges of a racial hate crime, where is the concern- where is the rage about the home invasion, torture, beating, rape and murder of the elderly white couple by a gang of feral blacks in Oklahoma just a few weeks ago?
The 90 year old war veteran husband was beaten and his jaw broken. He was shot in the face numerous times with a BB gun and sent to the hospital in critical condition.
The 85 year old partially blind wife was RAPED and then BEATEN TO DEATH.
Can you just imagine the pain, the humiliation, the horror that dear old lady experienced being gang raped by that pack of feral animals?
(the autopsy states she was raped. Don’t think all of these animals didn’t all participate)
And can you imagine the pain, the horror of that dear old husband having to witness this?
There’s a lot more involved here than a home invasion and robbery.
WHERE ARE THE CHARGES OF A RACIAL HATE CRIME??
90 year old husband’s jaw broken and shot in face with a BB gun numerous times?
85 wife year old semi blind wife RAPED and BEATEN to death??
Why does it take a foreign press to enlighten America as to this henious crime?
Where is the outrage?
You really need to quit trying to reason any of this out. The facts and the law DO NOT MATTER.
1. This is an election year
2. Race and class envy is involved
3. There are already threats of rioting SERIOUS THREATS. They mean it and they will do it.
The poor kid is already convicted. The fat lady already sung.
#3 especially will be negated by the fact that there are witnesses who have stated that Trayvon was beating up on Mr. Zimmerman. A reasonable jury might consider the shooting to have been while maybe not self-defense, but certainly NOT murder. The race-baiters won’t like it, but they want nothing short of life in prison, or the death penalty for Mr. Zimmerman, anyway.