Posted on 05/08/2012 7:39:01 AM PDT by Aunt Polgara
George Zimmerman's Arraignment Hearing to be live streamed today at 1:30 pm ET
It will be very interesting indeed.
Arraignment hearing for George Zimmerman live streamed at link at 1:30 pm ET today, May 8th
can the judge toss it out?
if he had any balls he would
there is NO evidence that it was murder2
plenty of evidence it was self defense INCLUDING the fact that GZ kept calling the police HIJMSELF to report Trayvon was casing the place.
If you are going to commit murder you dont call the police in advance to come watch
I was just searching for this.
I wonder why it isn’t in the national news?
Today is the immunity phase and this stoopit thing is going to get tossed with prejudice, so to speak.
The liberals and black activists have set this up, so that it cannot end well.
If the charges are dropped or reduced, then it’s time for Sharpton and Jackson and the boys to have their selective outrage and stir things up.
If he goes to trial, but is found not guilty, then that sets the stage for Rodney King style riots.
If he’s found guilty but doesn’t get a long prison sentence, that too sets the stage for unrest.
The liberals and black activists glommed onto this case to tie into their false ideology that America is racist, bigoted, and has not changed since the days of Jim Crow.
And much of media went along with that narrative.
Soledad O’Brien on CNN did a whole special on that very subject, and had her panties in a twist about how America is still racist and bigoted. She clearly toed the line that the biggest threat to young black men is a racist with a gun.
The fact is, the biggest threat to young black men are other black men with guns, but we’re not allowed to say that.
Unless Zimmerman is convicted and sent to prison for a long time, the liberals and black activists will be outraged at the final verdict. And if that happens,there could be violence.
Arraignments aren’t too exciting. Generally just a Judge formally advising a defendant what he’s charged with and the Defendant pleading “Not guilty”. The judge then sets a trial and pre-trial dates and deadlines. It generally takes about 60 seconds. Or does Zimmerman have some motion pending which the judge will take up at this hearing?
But if, as The Dersch says, the indictment is faulty, cannot the defense object to it at the arraignment? Or will the prosecution introduce a corrected indictment, I wonder.
Whenever that threat is mentioned around here, there is a general "Bring it on. I am tired of this S--t!". Attitudes have hardened, even among the live-and-let-live types.
The timing of all this is for that purpose.
George Zimmerman gets a speedy kangaroo trial, while Major Nidal Hassan has still not been prosecuted.
priorities.
>>Or does Zimmerman have some motion pending which the judge will take up at this hearing?<<
I have no idea. I’m not an attorney. I did see something in the news that the judge might revisit the bond amount in light of the $200,000+ online donations.
The bond hearing was also supposed to be just routine, but O’Mara got a lot of good info out of it because the prosecution wasn’t prepared.
Which is when?
I believe the self-defense hearing date hasn’t been set yet. The defense doesn’t even have the evidence yet as far as I know.
If Zimmerman was black and Trayon was white/asian/hispanic/jewish/etc, the One Party Press and the Racist In Chief would never have cared.
To be a Dem is to be a racist.
And the most racist of the USA races? Duh. Captain Obvious says anyone with the I.Q. of a basket of rocks can figure that one out just by reading the news.
Since Corey bypassed a Grand Jury, there will be a hearing to determine probable cause. Pretty sure this is where the judge will toss it (unless FL has some unusual procedures).
That might be set today, if not shortly thereafter.
.
I'm not sure there will be any setting of hearing or trial dates, although there is a statutory trial date 175 days from [April 12] arrest. I don't think this case will make it to trial. I believe Lester will grant the motion to dismiss on 776.032 immunity. I'd be guessing on a hearing date for that, my guess is 4 to 6 weeks from now. The decision would come pretty quick after the hearing, maybe 10 days.
O'Mara has been all over the place regarding discovery. First he said he's entitled to it 15 days after arraignment (BS), then that the due date was in defense control (BS). Who knows how he'll cooperate with Corey to keep the evidence out of the public view. If he sticks with his old timeline, he'd have the state's evidence by May 23rd. The court has already issued an order for handling papers filed with the court - a redacted copy, and an unredacted one under a motion to seal from the public.
O'Mara may file his description of the genesis of the PayPal account, timing of receipt of monies, accounting of expenditures, and current control. As neither Zimmerman nor O'Mara have control of the funds at this point in time, I see no basis for bond to be adjusted.
A bond hearing in a capital murder case is never routine. It is almost always used as a valuable discovery device and an opportunity to lock in the Stat's witnesses to a story.
I thought they had the arraignment already but I guess that was something else. I know they set bail but I also thought that was done at arraignment.
Well, seeming as there isn't any...
Any theories on how the prosecution can drop the case while saving face?
thanks for starting this. I had forgotten all about it.
That was the first hearing, on April 12th, before Magistrate Judge Hess. He found probable cause, obviously without studying the information and supporting affidavit; and without objection from O'Mara.
The prosecution will commit some technical error in the paperwork, and scream and cry when the case is thrown out on a "technicality".
It's probably not their face but their keister they would be trying to save, especially from being blown off by rampaging racist insurrectionists if the charges against Zimmerman were dropped (or thrown out) for lack of evidence.
IIRC GZ medical information was not included either.
That was the first hearing, on April 12th, before Magistrate Judge Hess. He found probable cause, obviously without studying the information and supporting affidavit; and without objection from O'Mara.
Oh, I think it is important to add that what Judge Hess was reviewing was radically different from what the Sanford PD reviewed. Hess saw a one-sided presentation, totally void of all hint of self defense. This is normal under FL paperwork/charging practice. IOW, it is up to defendant to assert the Chapter 776 immunity statute, when the prosecutor decides the use of force was not justified.
I point that out so that you don't get a sense that SPD and Judge Hess are at odds. We don't know that, because the two entities were looking at radically different pieces of evidence.
SPD found an absence of probable cause, because they DID look at the justified use of force in self defense. Judge Hess did not have ANY of that self defense evidence in front of him.
I'd like to read Zimmerman's interrogations, maybe the walk through too. DeeDee's statement to Corey's team of crack investigators should be compared with her previous statement, the recorded affidavit as presented by Crump. Photos of Zimmerman's injuries. Signs of additional eyewitnesses. The original statements of eyewitnesses and the date/times they were taken.
-- Any theories on how the prosecution can drop the case while saving face? --
It's impossible. What they are hoping for is passions to cool before the case is tossed.
And I hope that doesn't end it for Corey. She needs to be held to account for mounting an unethical prosecution. Other than DeeDee, Corey lacks a critical element of murder; and without Sybrina, Corey has no evidence that Zimmerman's use of self defense was not justified.
I figure you are being sarcastic. But, for others, the state can't lose on a paperwork technicality. It's impossible unless they do so deliberately. The rules give the state every opportunity to correct errors, even overcharging (which is one reason why Corey did not go to a grand jury - if she had, she would give up the ability to reduce the charges stated on the face of the "indictment").
As this is a political prosecution in the first place, Corey is pushing the inevitable decision off to the judge. She can fight like hell, and claim it was all in good faith.
Even if Zimmerman gets a long, long sentence, there will riots.
For background, consider your typical NBA victory celebration. Search for “nba riot” on YouTube.
Without Sybrina?
You meant DeeDee, right?
True. But I don't think that'll be as interesting as the photos of his injuries. We know the doctor treated him for a broken nose (and we know that Corey did not speak to Zimmerman, and did not seek any evidence relating to his injuries beyond what might be in the SPD investigation file), but in this day of non-readers and reliance on a "visual message," the photos of Zimmerman's bashed face will do more to turn this case right side up than any other piece of evidence.
I also didn't mention the forensics relating to powder residue on both Martin's and Zimmerman's clothing, and powder burns on Martin's clothing.
According to Alan Dershitwiz and that bunch, the case is so ill prepared and technically flawed that it should be thrown out at the earliest opportunity.
All that will happen then is the Feds will intervene.
Corey uses Sybrina to establish that Martin was screaming for help, therefore Zimmerman was not acting in self defense. Obviously, this also goes to the charge of depraved mind murder.
DeeDee's testimony is part of the murder charge as well, as she is the only witness who creates Zimmerman "stalking" and persistently working to close distance with Martin, while Martin is scared. But DeeDee's testimony stops short of the fight, so she can't participate in the self defense argument.
I’d think the forensic (gun powder)and autopsy would settle the case. OTOH reports can be manipulated. Pictures ARE worth thousands of words.
I’ll be keeping an eye on this thread....
While at the gun range.
(heh-heh!)
Even accepting your scenario of what the race agitators want...
I predict that if at trial the prosecution’s “case” falls apart and the defense puts on an impenetrable case, that will have a salutory effect.
In that society as a whole will have no sympathy for rioters who riot over an inescapable verdict simply because of Trayvon’s skin color vs Zimmerman.
Dershowitz is wrong on a technicality. He says that the affidavit itself represents an unethical prosecution. That is false, at least under FL rules of Crim Procedure.
Not to say that this is an ethical prosecution. I think it is an unethical one, on par with Nifong. The only difference between the evidence Corey is using, and what SPD used, is DeeDee and Sybrina. Neither one of those witnesses should be given much in the way of credibility - DeeDee for withholding any report at all until weeks after the shooting, and then only after the 911 recordings had been made public.
-- All that will happen then is the Feds will intervene. --
The Fed hurdle is even higher than the state hurdle, and Corey kicked the "Zimmerman's a racist" prop out from the Fed's case.
Zimmerman's self-defense claim hinges on his being reasonably in fear of serious injury, and, I agree, on a close range shooting. But close range shooting isn't enough on its own. Having his account substantiated with multiple piece of evidence is what gets him the justice he deserves. He was decked, see broken nose. He didn't seek the fight, see call to police. He didn't seek to be arms length from Trayvon, let alone being decked. He was at a physical disadvantage for most or all of the duration of the fight, see eyewitness testimony that has him on the bottom. His head was being bashed, see cuts. He was yelling for help, see eyewitnesses and contemporaneous remark to EMT.
The state has NOTHING in the way of contradictory evidence, except Sybrina's claim that Martin is heard screaming for help. So, who you gonna believe? Sybrina? of the eyewitness +George +George's dad +George's brother (and there is a report that the police asked George to reproduce his scream, and they recorded that reproduction).
Essentially what's going on is a need to disprove a few deliberate, craven liars.
Since Dee Dee didn't initially come forward...My first question is “what is she hiding?” Local LEO say those that don't report incidence until later often have something to hide. Was she involved with his drug use? source?
(How difficult to prove witness tampering/intimidation?
The Lynch mobbers never expected it, their worst nightmare.
Even if he is convicted and given a harsh sentance, their “celebration” will be indistiguishable from a riot.
The Motion for immunity will be decided after a hearing. The judge must take and weigh evidence. If the judge finds it more likely than not that Zimmerman was reasonably in fear of imminent serious personal injury (and in FL, a person throwing beer bottles at you is enough to create that fear), then he must grant immunity from further prosecution. The use of deadly force was justified.
On a Motion to reduce the charge from murder to manslaughter (assume for talking purposes there is NO immunity from the judge), there would probably not be a separate hearing, and might be no need for an heading at all, not even the immunity hearing. The judge needs to find probable cause, some scintilla of evidence that Zimmerman operated with a depraved mind, or else the basis for a murder charge is lacking. The state has been asked to produce a Statement of Particulars, which is supposed to tie allegation of fact to elements of the crime.
A Motion to Dismiss based on either ground can be made at any time, even during the conduct of the trial. I don't recall a case that was charged to the jury, where defendant subsequently appealed and won on the basis of being entitled to 776.032 immunity - that's effectively a legal impossibility anyway, as if the case goes to trial, the state has to prove beyond a reasonable doubt that Zimmerman did NOT act in justified self defense; and that is harder to prove that fining it more likely than not that Zimmerman DID act in justified self defense.
>>Corey kicked the “Zimmerman’s a racist” prop out from the Fed’s case.<<
We can at least thank her for that.
How so??
It fits into the Obummer plan of dividing our country.
Divide by race.
Divide by gender.
Divide by social position.
Divide by religion.
Divide by education.
Divide by labor Union/managment.
Divide by energy source.
One would think by the time he’s finished attacking each facet he would have little positive support left.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.