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To: RIghtwardHo

From reading your analysis, it is clear that you really haven’t studied the reported facts.

So your analysis doesn’t carry much weight because you get so much of the facts wrong.

There is no evidence on which to claim probable cause that Zimmerman physically assaulted Martin. (Unless there is some sort of secret witness, but that is quite unlikely given the media attention.)

Shooting someone is not ipso facto a crime. It must be an unlawful shooting.

The affidavit does not even literally state that Zimmerman initiated the physical struggle. It just says that a struggle ensued, using the passive voice, which is laughable that they resorted to that language.

If the prosecution is not willing to allege that Zimmerman initiated the PHYSICAL aspect of the altercation, then they have no legal basis to charge him.

Because if Martin physically assaulted Zimmerman (rather than the reverse) as Zimmerman has stated, then Zimmerman has the right to defend himself, and the only question is the reasonableness of his belief as to death or bodily harm.

But you are right in one sense; there is no way the charges will be dismissed by reason of technical deficiencies in the information and supporting documents.

This will go to the preliminary trial before the judge on the self-defense claim and after a lengthy public hearing with all of the witnesses and physical evidence, the charges will be dismissed by the judge (which preliminary trial will be after the election.)


52 posted on 04/14/2012 5:47:54 PM PDT by Meet the New Boss
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To: Meet the New Boss

Even if Zimmerman DID initiate contact, as long as he did so in a non-lethal manner, then he retained the right to self defense, provided he had reached a point where lethal force was required to save himself from death or severe injury.

The only change is that he would be required to show running away wasn’t an option.


61 posted on 04/14/2012 6:29:22 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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