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George Zimmerman Is Destined for a Hung Jury
The Daily Beast ^ | April 21, 2012 | Mansfield Frazier

Posted on 04/21/2012 3:29:09 PM PDT by 2ndDivisionVet

Not only will it be impossible to find a jury without preconceived opinions in the Trayvon Martin case—it will be impossible to find one that will convict, says Mansfield Frazier.

An editor I used to work for had a favorite saying: “Predicting the future is usually as easy as stating the obvious.” In the upcoming trial of George Zimmerman, the “obvious” is this: there’s little, if any, chance to avoid not only a mistrial, but a series of them if the state continues to reindict him, which it has the right to do and no doubt will, but with the same result over and over again.

At some point in the future, after endless retrials, it will seem as if this case—like the racial discord that will cause it to hang around our nation's collective neck like an albatross—has always been a part of American life, like Mount Rushmore, the Liberty Bell, or the Washington Monument.

The problem for the Florida legal system is that at this juncture, the case really isn’t about points of guilt or innocence that a jury can make reasoned decisions on. The case has become a referendum on the Stand Your Ground law and, more importantly, a referendum on the thorny issue of race in America. How to bridge the chasm that divides the races in America (which, amazingly, seems to both widen and narrow at the same instant in this country) is not only a question we don’t have the answer to, it’s a question we don’t even like to ask.

However, the case at hand is forcing our hand—it quite simply won’t allow us to duck the issue of race, at least for a while. Whether this is a good or bad thing is yet to be seen. Will this forced confrontation of racial attitudes help to solve our national problem, or will it only be made worse?

Voir dire is the process whereby attorneys from both sides get to ask potential jurors questions. Under Florida law six jurors (not 12) will hear the case against Zimmerman. In the state’s code of criminal procedure, the section that outlines the “grounds for challenge to individual jurors for cause” (Section 913.03) is the longest and most detailed by far, and for good reason. All criminal-defense lawyers (and prosecutors, as well) know cases can be won or lost during jury selection. In addition to striking a juror for “cause,” each side has six “preemptory” challenges, which means a potential juror can be dismissed without a reason being given. After Jim Crow laws were abolished, these preemptory challenges were the tool used to keep blacks off of juries.

But all-white juries are a thing of the not-too-distant past, and there’s no way to impanel a jury in the case at hand that doesn’t have at least one or two blacks on it. And with Florida’s liberal use of cameras in courtrooms (unless the judge rules them out in this case or instructs that the jury not be shown), everyone in the country is going to know who is sitting on the jury, and therein lies the rub.

The facts of this case, no matter if they are for or against Zimmerman, ultimately will have very little to do with the outcome. Jurors, when it comes to voting on guilt or innocence, are most likely going to break down along racial lines. Try as they might to be good citizens and follow the instructions of the judge to put their personal feelings aside and make a decision based only on the facts of the case, the odds are that they will deadlock. This is not to say they are weak people; rather, it indicates how strongly race factors into decisions in American life, and it’s hard to see how this case will be an exception. Jurors are not superhuman.

Because of this, no matter how many times the state puts Zimmerman on trial, the outcome will probably be the same: a hung jury. Few, if any, whites in the South are going to want to be forever known as a member of a jury that voted to convict Zimmerman, and conversely, no black is going to care to be known as the person who voted to acquit him. It’s a recipe for deadlock.

Talk is already circulating of a change of venue, but a change to where? The moon? There’s no place in the country where potential jurors haven’t heard about the case, and most folks (black and white, rightly or wrongly) have already formed opinions that by now are virtually intractable.

Besides, the cult of celebrity worship that’s developed in this country virtually assures that the good folks in the state of Florida, who are about to participate in what promises to be the most high-profile court case of the century so far—perhaps even eclipsing the Casey Anthony trial—are not about to let their shot at fame (and a potential book deal somewhere down the line) slip through their fingers. There will be no change of venue—bet on it.

This trial will afford us the opportunity, albeit by way of force, to deal with the skeleton of race that’s been hanging in the national closet for centuries. How well or badly we use it is really up to us.


TOPICS: Crime/Corruption; Editorial; Government; Politics/Elections; US: Florida
KEYWORDS: florida; georgezimmerman; lmm; mgeorgezimmerman; trayvonmartin; zimmerman
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1 posted on 04/21/2012 3:29:14 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

Everyone involved will be pressured into making sure he is guilty.


2 posted on 04/21/2012 3:30:11 PM PDT by nickcarraway
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To: 2ndDivisionVet
Because of this, no matter how many times the state puts Zimmerman on trial, the outcome will probably be the same: a hung jury.

Some of have known and stated this from day one.

All white jury and he has a chance for a fair trial, all black jury and he's guilty as hell, mixed race jury equals hung jury every time he's tried.

How many times will the state try him with the same results? When does it simply become harassment to retry him?

Eventually, when Florida becomes tired of retrying him, the fed justice dept. will charge him with a civil rights violation.

3 posted on 04/21/2012 3:38:13 PM PDT by Graybeard58 (Romney vs. Obama? One of them has to lose, rejoice in that fact, whichever it is.)
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To: nickcarraway
Under Florida's "Stand Your Ground" statute, as I understand it, not only is he immune from criminal prosecution, he cannot be cited in a civil suit for his actions. Which, of course, begs the question of why he is charged with any crime, much less second degree murder.
4 posted on 04/21/2012 3:38:32 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: 2ndDivisionVet

Seminole County, Florida appears to be 90+% white. There has been talk of busing in jurors to make it “fair.” I leave it to the reader to determine the race of the “busees!”


5 posted on 04/21/2012 3:39:44 PM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Graybeard58
Some of have known and stated this from day one.

Moron.

Some of us have known and stated this from day one.

6 posted on 04/21/2012 3:41:24 PM PDT by Graybeard58 (Romney vs. Obama? One of them has to lose, rejoice in that fact, whichever it is.)
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To: 2ndDivisionVet

Angela Corey should be investigated and brought up on charges at some point which should dampen Florida’s ardor to keep retrying Zimmerman indefinitely.


7 posted on 04/21/2012 3:42:12 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: 2ndDivisionVet

I didn’t know about the civil suit protection aspect of the law. I’ve been going on the assumption that a civil suit would have immediately followed any acquittal or dismissal of charges. Interesting.


8 posted on 04/21/2012 3:43:00 PM PDT by DemforBush (A Repo man is *always* intense!)
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To: 2ndDivisionVet
The facts of this case, no matter if they are for or against Zimmerman, ultimately will have very little to do with the outcome. Jurors, when it comes to voting on guilt or innocence, are most likely going to break down along racial lines. Try as they might to be good citizens and follow the instructions of the judge to put their personal feelings aside and make a decision based only on the facts of the case, the odds are that they will deadlock. This is not to say they are weak people; rather, it indicates how strongly race factors into decisions in American life, and it’s hard to see how this case will be an exception. Jurors are not superhuman.

This is BS, I had to read about half of the article before the guy made his point. White people are too racist to convict a man guilty of killing a black man. Who the he** acquitted OJ then if this BS is true? White Jurors may very well vote to acquit but it won't be for racist reasons, it will be because they listen to the facts instead of the BS pushed by the MSM.

9 posted on 04/21/2012 3:43:19 PM PDT by calex59
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To: 2ndDivisionVet
Under Florida's "Stand Your Ground" statute, as I understand it, not only is he immune from criminal prosecution, he cannot be cited in a civil suit for his actions.

Wait, what does this law actually say? Are you saying I could shoot you in your sleep, and if I claimed, "stand your ground," I am immune from prosecution? If so, it is a really bad law. I doubt it really is what you say. Someone may act in self defense, but that should be weighed as evidence. Merely because you can name a law, shouldn't mean that they can't be prosecuted.

10 posted on 04/21/2012 3:43:28 PM PDT by nickcarraway
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To: 2ndDivisionVet
Unless the Special Prosecutor unveils some yet undisclosed evidence, I think there is an excellent chance the judge will direct a not guilty verdict before a jury is ever picked.
11 posted on 04/21/2012 3:43:47 PM PDT by Hugin ("Most time a man'll tell you his bad intentions if you listen and let yourself hear"--Open Range)
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To: AEMILIUS PAULUS

Koreans? Amish? Ashkenazi Jews? Peruvians?


12 posted on 04/21/2012 3:45:19 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: 2ndDivisionVet

“by way of force, to deal with the skeleton of race that’s been hanging in the national closet for centuries. “

I agree. It’s time that everyone accepts the fact that blacks are the only large group left in America that’s overwhelmingly racist.

Then we can answer this question: What do we do about it?


13 posted on 04/21/2012 3:45:24 PM PDT by sergeantdave
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To: nickcarraway

Angela Corey should be dis-barred like Nifong.
This case is looking a lot like the Duke Rape Case.


14 posted on 04/21/2012 3:45:40 PM PDT by tennmountainman
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To: 2ndDivisionVet

I hate to lay blame in any one corner, I REALLY do, but it’s all the democrats fault.

Dems are the party of RACE. Certainly today, and for many years back.

The Al Not-so Sharpton’s and Jerkson’s of their party have elevated this and worked their voting plan... I mean, public into a frenzy.

With about 50 murders EVERY day in the US, the dems have chosen this one for everybody to chime in on, and keep this in the news cycles, tainting any potential jury. From zer0 himself, to the Martin parents, and everybody in-between.

The best thing for justice here would be if the judge forbade live TV, cameras, and the like. Anything to tone down the ferver and let the courts do their job... themselves!


15 posted on 04/21/2012 3:47:49 PM PDT by C210N (Go Newt!)
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To: Hugin

I thought the opportunity for the case to be dismissed was at the hearing they just had. Is there still a possibility that the judge could dismiss the case before it goes to trial?


16 posted on 04/21/2012 3:49:34 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: AEMILIUS PAULUS

Ah, Seminole County. Maybe there’s a way out of the quandry: empanel a jury all of whose members are Seminoles to get the white/black dynamic out of the matter.


17 posted on 04/21/2012 3:49:39 PM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: sergeantdave

18 posted on 04/21/2012 3:50:28 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: nickcarraway

19 posted on 04/21/2012 3:53:56 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: The_Reader_David

Maybe, but Mr. Zimmerman, being half Peruvian, has a high percentage of native Indian blood (he physically appears more Indian than European, just sayin’) so the Seminoles may come off and say he’s not guilty at all. They’re more a jury of his peers than anyone else, and what could the two irreverends, Bogus Al and Shake’m down Jesse do about it, call the native americans racist? Ha!


20 posted on 04/21/2012 3:54:27 PM PDT by john drake (Roman military maxim; "oderint dum metuant," i.e., "let them hate, as long as they fear.")
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To: Graybeard58

They’ll have to try him at least twice, I would think.

I’m dreading the next 3? years. Almost makes me want a new war to start to get this out of the news.


21 posted on 04/21/2012 3:54:48 PM PDT by Strategerist
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To: 2ndDivisionVet
The illogical logic of the Left will be that TRAYVON DESERVES A JURY OF HIS PEERS.

I know, I know, it is the ACCUSED who that is supposed to apply to, but when Eric Holder's people are involved, logic and truth have nothing to do with anything.

22 posted on 04/21/2012 3:54:48 PM PDT by E. Pluribus Unum (For every black person murdered by a white, thirty-nine white people are murdered by blacks.)
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To: 2ndDivisionVet

I have little faith in either FL jurors or FL voters.


23 posted on 04/21/2012 3:58:45 PM PDT by Theodore R. (Past is prologue: The American people again let us down in this election cycle.)
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To: 2ndDivisionVet

I feel sorry for anyone called to be on that jury.


24 posted on 04/21/2012 4:00:48 PM PDT by matt04
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To: AEMILIUS PAULUS

My bad! I remembered the statistics incorrectly. The latest demographics(2008 estimate)are 82.41% white; 9.52% black and 11.15% hispanic. Hispanics on the jury might give the trial an interesting outcome.


25 posted on 04/21/2012 4:01:08 PM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: nickcarraway
Jurors, when it comes to voting on guilt or innocence, are most likely going to break down along racial lines.

Just like the OJ jury!

26 posted on 04/21/2012 4:01:24 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: 2ndDivisionVet; nickcarraway
Under Florida's "Stand Your Ground" statute, as I understand it, not only is he immune from criminal prosecution, he cannot be cited in a civil suit for his actions. Which, of course, begs the question of why he is charged with any crime, much less second degree murder.

I saw an article about this last on Free Republic. The parents and their advisors want him charged, so they sue him.

27 posted on 04/21/2012 4:03:04 PM PDT by Paleo Conservative
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To: Graybeard58

“All white jury and he has a chance for a fair trial...”

Ditto with an all-Hispanic jury.


28 posted on 04/21/2012 4:07:36 PM PDT by Magic Fingers (Political correctness mutates in order to remain virulent.)
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To: Graybeard58

Freepers need to understand, two very powerful forces are aligned to prevent national black riots, Obama for reelection and the US Wall Street bankers. Obama is obvious. Bankers? If rioting broke out nationwide, the property damage claims will be astronomical to the US insurance companies. Many of these companies barely recovered from the 2008 meltdown and many have bailout money to cover their derivative liabilities. Riots will set off a Black Swan event that can implode the insurance companies and the Wall Street banks that deal with them. Zimmerman is in trouble, because even if he is legally innocent, the powerful forces of Wall Street already read the riot act to the Federal gov and Gov Scott of FL. Life of one man vs the financial survival of this nation and world, man loses.


29 posted on 04/21/2012 4:07:45 PM PDT by Fee
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To: Fee

many policies not pay for riot damage


30 posted on 04/21/2012 4:09:29 PM PDT by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: E. Pluribus Unum

OJ got a jury of his peers.


31 posted on 04/21/2012 4:09:42 PM PDT by umgud (No Rats, No Rino's)
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To: 2ndDivisionVet; All

A proper judge (but courageous as well) would simply toss the case because there is no probable cause shown by the affidavit alleging a crime. Plus, more evidence (the photos of Mr. Zimmerman’s bleeding scape) revealed is showing that the prosecution was dead wrong, to the point of misconduct.

Pray that a courageous and judicial competent judge will toss the case. This has gone too far.


32 posted on 04/21/2012 4:10:22 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Graybeard58

I personally think it won’t even get to trial. They have NO evidence and it was really revealed at the bond hearing. Then, the GF is totally made up according to that article I read (may or may not be true) but I don’t think, if she does exist, that she REALLY has much to offer the case.

I say it gets thrown out; not that GZ pleads to a lesser charge (which he should NOT do).


33 posted on 04/21/2012 4:11:23 PM PDT by spacejunkie2001
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To: umgud

OJ got a judge that enjoyed being peered at.

The cameras lost that conviction.


34 posted on 04/21/2012 4:13:20 PM PDT by digger48
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To: umgud
I guess the jury needs to be 12 "white-Hispanics," eh?

My bet is that it will never get to the trial stage, but if it does Zimmerman will opt for a bench trial rather than a jury trial.

35 posted on 04/21/2012 4:13:20 PM PDT by E. Pluribus Unum (For every black person murdered by a white, thirty-nine white people are murdered by blacks.)
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To: TigersEye
I thought the opportunity for the case to be dismissed was at the hearing they just had. Is there still a possibility that the judge could dismiss the case before it goes to trial?

That's what I heard on one of the talking head shows. I believe what just happened related to whether there should be bail. The original statement of charges really never dealt with the self-defense issue at all. Corey claims she will present evidence that it wasn't self defense, and the judge went ahead and let it proceed. But as I understand it she will have to present the rest of her evidence before the trial starts, and the judge could simply rule there is a prepondernece of evidence that is was self-defense. That would be the same as a not guilty verdict. It would prevent charges from being brought against Zimmerman in criminal or civil court (not Federal court though).

36 posted on 04/21/2012 4:14:59 PM PDT by Hugin ("Most time a man'll tell you his bad intentions if you listen and let yourself hear"--Open Range)
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To: nickcarraway

how do you protect yourself from someone sleeping?? that’s stupid.

This is a GREAT law that protects law abiding citizens who PROTECT themselves in public. If they defend themselves and the perp dies, the perps family cannot sue is the citizen uses SYG as his defense.


37 posted on 04/21/2012 4:15:43 PM PDT by spacejunkie2001
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To: Sola Veritas

“A proper judge (but courageous as well) would simply toss the case.......”
******************************************************
I agree. A proper AND COURAGEOUS judge would dismiss it. However, I suspect that’s not going to happen. The first judge probably quickly realized it was an empty case but didn’t want to place her in a place where she’d have to make that rule—so that’s why she bailed out. “Conflict of interest” my foot—it was pure cowardliness.


38 posted on 04/21/2012 4:16:08 PM PDT by House Atreides
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To: Fee

In other words, we’re giving in to the terrorist demands.


39 posted on 04/21/2012 4:17:59 PM PDT by digger48
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To: 2ndDivisionVet

I like interpreting imagery.

Are you suggesting an overseas cruise?


40 posted on 04/21/2012 4:18:35 PM PDT by sergeantdave
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To: matt04
I feel sorry for anyone called to be on that jury.

I feel sorry for anyone so stupid they can't figure out how to be struck from that jury pool. All you have to do as a white guy is wear a tie, probably.

At the end you'll end up with a group of rocket scientists similar to the OJ jury.

41 posted on 04/21/2012 4:19:41 PM PDT by Strategerist
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To: 2ndDivisionVet
Few, if any, whites in the South are going to want to be forever known as a member of a jury that voted to convict Zimmerman

That must be because they haven't been successfully brainwashed into self-loathing "white guilt" like us northerners.

42 posted on 04/21/2012 4:20:03 PM PDT by JediJones (From the makers of Romney, Bloomberg/Schwarzenegger 2016. Because the GOP can never go too far left.)
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To: sergeantdave
One-way, all expenses paid. That was President Lincoln's plan. I believe that's the real reason for his assassination.

"Insanity: doing the same thing over and over again and expecting different results." ~Albert Einstein

43 posted on 04/21/2012 4:22:36 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: Hugin
I sure hope that's how it will go. I know there are a number of pre-trial proceedings but I'm not sure how many or what they're all about. Her charging affidavit was supposed to provide evidence of probable cause. It didn't do any such thing by any stretch of the imagination. It even included some imaginings like Zimmerman's thought processes at the time. "Racially profiled Trayvon."

AFFIDAVIT OF PROBABLE CAUSE - SECOND DEGREE MURDER

Mark Levin livid over evidence not submitted with Zimmerman affidavit...

44 posted on 04/21/2012 4:24:49 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: JediJones

45 posted on 04/21/2012 4:26:41 PM PDT by 2ndDivisionVet (Ich habe keinen Konig aber Gott)
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To: House Atreides

“I agree. A proper AND COURAGEOUS judge would dismiss it. However, I suspect that’s not going to happen.”

I think you entirely correct, but one can aways hope.

The judge that dodged was an elected one. An elected judge is fried no matter what they do. If they don’t toss, the white population will vote him/her out of office. If they proceed and don’t get a conviction, the black population will potentially threaten his/her life. Sucks to be a judge there right now.


46 posted on 04/21/2012 4:28:25 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: The_Reader_David

A lot of Seminoles have African ancestry - there was a lot of mixing with runaway slaves, an African-Seminole alliance. And being Indian was better than being black, so some people of mixed black and white ancestry claimed to be Seminole.


47 posted on 04/21/2012 4:34:35 PM PDT by heartwood
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To: Sola Veritas; House Atreides

The judge who recused herself was also a new judge of only 18 months. Apart from being elected she may have felt she wasn’t ready for a high profile politically charged case. If she had presided and dismissed the case you can just imagine the charges of inexperience, incompetence etc. Just speculation but that’s my look at the more positive possibilities of it.


48 posted on 04/21/2012 4:34:46 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Hugin
>>But as I understand it she will have to present the rest of her evidence before the trial starts, and the judge could simply rule there is a preponderance of evidence that is was self-defense. That would be the same as a not guilty verdict. It would prevent charges from being brought against Zimmerman in criminal or civil court (not Federal court though).<<

Pretty much correct. Zimmerman can call for a hearing on his self-defense claim before the trial. If he's successful (and he only needs a preponderance of the evidence to prevail), he is immune under FL law from charges or from civil actions.

49 posted on 04/21/2012 4:48:11 PM PDT by Aunt Polgara
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To: nickcarraway

Yes, but it will not go to trial. There is simply not enough evidence to charge him, much less hold a trial. Any judge (outside of Wisconsin) will throw it out.


50 posted on 04/21/2012 4:48:46 PM PDT by neocon1984
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