Zimmerman Prosecutors Struggle to Outmaneuver Florida Law

US Politics Today ^ | June 23, 2012

[2ndDivisionVet]

Florida's "Stand Your Ground" law is complicating matters for prosecutors rushing to convict George Zimmerman. The law is clear that residents can meet force with force when they feel threatened.

Florida's Stand Your Ground law allows residents to use deadly force to defend themselves or their property, and when doing so, protects them from prosecution. This law may derail the prosecution of defendant George Zimmerman in the much-publicized case of a neighborhood watch volunteer who shot and killed teenager Trayvon Martin.

State prosecutors see the case as open-and-shut, arguing that Martin was simply a kid buying a soda at a convenience store. When Zimmerman called 911 to report a suspicious individual, police told him to stand down until they arrived; he did not.

While authorities note that the one possibly threatening detail about Trayvon Martin was a simple hooded sweatshirt, George Zimmerman claims that Martin physically attacked him.

Florida's Stand Your Ground law is clear: an individual has no duty to retreat from a public confrontation in which he or she reasonably perceives a danger. As the Miami Herald notes, Floridians are allowed to "meet force with force." In fact, Zimmerman was not initially arrested by police at all for this very reason.

And, the law receives strong support. A recent Quinnipiac University poll finds support for the state law at 56 percent, with only 35 percent opposed to it.

While he was eventually charged with second degree murder, state prosecutors have no easy task to explain why Stand Your Ground should not apply to George Zimmerman. In fact, anyone facing charges of murder or homicide in Florida should discuss their situation with an experienced criminal defense attorney who will hold the prosecution accountable for proving their case at every step and ensure the defendant's rights under state law are respected.

[calex59]

This account is full of lies, especially the tired old canard, that has been disproved, that Zimmerman didn’t “stand down” when he was told. Actually he was never told to stand down but when they told him to quit following he did.

[AAABEST]

...Martin was simply a kid buying a soda at a convenience store...

They forgot the part about the poor little kid stopping to break Zimmermans nose and bash his skull into the pavement.

[panaxanax]

Whether found guilty or not guilty, there will be riots.

[Sherman Logan]

Truly dumb article. Zimmerman’s claims of self-defense have nothing at all to do with Florida SYG law, but rather rely on rights to self-defense included in earlier Florida law, and indeed in the law in every other state.

Now his claims may be untrue or invalid, as if it can be shown that Z started the fight, but even in such a case they still have nothing to do with SYG.

SYG may be a bad law, and modifications may be appropriate. But misstating what the laws says and how it applies is no help whatsoever to the public conversation on the issue.

[2ndDivisionVet]

This article came from a law firm in Florida.

[driftdiver]

“The law is clear that residents can meet force with force when they feel threatened.”

The law doesn’t apply IMO. When someone is sitting on your chest choking the life out of you retreat isn’t very feasible.

[Mr Ramsbotham]

I haven’t read the actual statute, but I don’t think that the word “feel” is in there. At least I hope it isn’t.

[sheik yerbouty]

They can rename the town Sanford & Son. maybe that will mollify the melanometricist mob..

[driftdiver]

No it doesn't use the word 'feel'. See text below. The law came into being because there were cases where people were convicted for defending themselves because they didn't run away. Oversealous or anti-gun prosecutors would prosecute people who failed to retreat regardless of the threat they faced.

JUSTIFIABLE USE OF FORCE

776.012 Use of force in defense of person.—

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.

[scooby321]

There will not be riots in Sanford, Florida.

He will never be convicted. Leaks by the Newspapers doesn't change the facts a thug up to no good and was attacking George Zimmmerman got what he deserved

[scooby321]

There will not be riots in Sanford, Florida.

He will never be convicted. Leaks by the Newspapers doesn't change the facts a thug up to no good and was attacking George Zimmmerman got what he deserved

[SkyPilot]

Martin was simply a kid buying a soda

I know it is not PC, but the media continue to lie about the "soda" or "ice tea" that the 6'2" Trayvon Martin had purchased.

It was an Arizona Watermelon drink. Crime scene photo below:

I bring this up NOT because of stereotypes or because it is significant to the facts of this case. No, I bring it up because this fact, like almost all of the facts of this case, have been distorted, suppressed, and manipulated by the Media, the Democrats, the Community Organizer, the Race Hustlers, and the Prosecutors.

[SkyPilot]

Martin was simply a kid buying a soda

I know it is not PC, but the media continue to lie about the "soda" or "ice tea" that the 6'2" Trayvon Martin had purchased.

It was an Arizona Watermelon drink. Crime scene photo below:

I bring this up NOT because of stereotypes or because it is significant to the facts of this case. No, I bring it up because this fact, like almost all of the facts of this case, have been distorted, suppressed, and manipulated by the Media, the Democrats, the Community Organizer, the Race Hustlers, and the Prosecutors.

[JoeProBono]

[wolficatZ]

AriZona Watermelon Fruit Juice Cocktail to be exact.

[Godebert]

Update #26 Part 2 – Trayvon Martin Shooting – A year of drug use culminates in predictable violence…

[SunkenCiv]

Thanks 2ndDivisionVet.

[kennyboy509]

Zimmerman was not ordered to “stand down” or to stop following Treyvon.

When Zimmerman was asked what he was doing, he replied that he was following Treyvon.

The exact words of the 911 dispatch was “we don’t need you to do that”

That sounds like a suggestion rather than an order.

[Sacajaweau]

Just remember.....MANY residents heard the cries for help and NOT ONE went out to help.

Of course I don't blame them....because our sweet little Tray may have had a GUN.

And that's why they didn't go out....because of Obama's son TRAY....not Zimmerman.

[DeaconRed]

"This account is full of lies, especially the tired old canard, that has been disproved, that Zimmerman didn’t “stand down” when he was told. Actually he was never told to stand down but when they told him to quit following he did."

You are right. A 911 operator is NOT a policeman and has NO authority to ORDER anything. In fact he (the 911 operator) only "suggested" that he not follow Travon. ("We don't need you to do that"), was the actual statement. That sure as hell was NOT an ORDER. It is my understanding that Mr. Zimmerman did quit pursuing at that time.

The local news here in central FL started this whole thing by interviewing so called witnesses, you know the ones that want their 15 minutes of fame, or the ones with their voices & photos distorted.

[DeaconRed]

"Whether found guilty or not guilty, there will be riots."

I respectfully disagree. The white folks (You know us soda crackers, honkies etc.) will be mad if he is found guilty but will be civil about it.
If found totally NOT GUILTY Sanford will burn baby burn, with the NON Reverends Al & Jessie leading the way.

[DeaconRed]

"This account is full of lies."

The biggest one that I forgot to mention was that Travon was such a sweet boy and such a good child.
He was a bad kid. He was in Sanford because he was expelled from school in Miami. He sold drugs, found with burglary tools and stolen items in his locker. He punched a school bus driver. This is just what is known no telling what all he really did.
Anything but a model child. . . .

[SeminoleCounty]

The sad part is we have a GOP Governor and a GOP AG who support Black Racists like Al Sharpton.....this case should have never gone this far....and the Gov and AG can pull this case at any time

Also, my county is paying for this travesty....when our own State Atty correctly called this case early on...its not winnable. The only way the state can convict Zimmerman is to break the law themselves....which I am sure that Nazi Thug SA Angela Corey will try to do

[Mechanicos]

Stand your ground does not apply in the Zimmerman case. Its about a modern-created “duty” to retreat if you have that option when you have are threatened/attacked. Zimmerman could not retreat from his attacker knocked down with his back on the ground. Accordingly, any article like this that mentions it in the Zimmerman case is either an idiot author or more likely is pushing their own anti-individual self-defense, anti-gun agenda.

[Condor51]

*** This article came from a law firm in Florida. ***

That's why 'Pearson Hardman' only hires graduates of Harvard Law School. ;-)

[Gadsden1st]

Will the defense be able to introduce the information about the drink and skittles being part of a drug cocktail?

[varmintman]

This thing had all of the basic earmarks and ingredients of a pit bull attack. A rational person who was pissed off enough would have decked Zimmerman and walked away and, likewise a German shepherd which thought Zimmerman needed biting for some reason would have bitten him on the ass or leg and then walked off. A pit bull on the other hand would have pressed the attack to the death and Martin, a quasi-trained MMA fighter whose brain appeared to be affected by next gen drugs, appeared to be doing just that as well.

This is about equality and about whether or not there are now supposed to be special/protected groups of people who we're not even allowed to defend ourselves against when one of them goes crazy and tries to kill us.

[sten]

This law may derail the prosecution of defendant George Zimmerman in the much-publicized case of a neighborhood watch volunteer who shot and killed 6'2" teenager Trayvon Martin, who was on top of Zimmerman, bashing his head against the concrete

funny how the tone changes if you include a few facts

[t1b8zs]

Bath Salts imported from Miami

[Aevery_Freeman]

They can rename the town Sanford & Son. maybe that will mollify the melanometricist mob.

That thar' is funny!

Love the word "melanometricist." Did you coin that? Are you a Zappa fan?

[Cboldt]

You are correct, the statute does not use the word “feel” or “feels.” It says “reasonably believes.” In the law, the word “reasonable” is a signal that the belief is not measured by the actor’s sense of “reasonable,” but by the jury or judge (essentially, whether the public thinks such belief is reasonable under the circumstances).

[varmintman]

I haven’t seen anything about bath salts in this case in print. Have you seen anything like that?

[MaxMax]

In fact, Zimmerman was not initially arrested by police at all for this very reason.

Right, and I would like to point out that it was after he talked to the prosecutor
against his attorneys advice and without his attorney, that charges were brought.
Imo, They did so because Zimmerman
was most likely seen as someone who would plea bargain his way out and the gun grabbers
could defame the stand your ground law and win one for socialism.

Also, his attorney left because of Zimmermans maneuver to speak to the police.
Maybe he would still be free, maybe not, had he followed the good advice of his Attorney.

OT.
Remember people, never talk to the police. Even if you're a witness don't do it.
As a witness a person should anon send the knowledge to the police and not directly
because if you get one thing wrong you can be arrested! Or if you know to much. Or if they think you know more!
Doing the right thing WILL get you arrested if the DA is having a bad day
or needs more prisoners to get re-elected.

In the past and portrayed on TV people feared retribution from those who they
witness crime against and would not speak to the police. Now the retribution should
be feared from both sides.

[Aevery_Freeman]

Good question. Why have we not heard the results of the toxicology testing?

Inquiring minds want to know.

I'll just cop a "lean" until we hear.

[HiTech RedNeck]

Which would be a huge injustice if they mean pretending someone surprised by the unfolding of a dangerous situation with a split second to act upon his or her available information is supposed to choose as though having hours to ponder about it. Some statutes say “reasonable fear” which is a better metric IMHO.

[HiTech RedNeck]

Toxicology showed marijuana (THC). No telling if they tested for long term “lean” usage (ersatz i.e. Robitussin, or real i.e. codeine).

[Bryan24]

I was watching Fox News and some commentators on the newly released video. There are some really brain-dead people. And George Zimmerman might be the unluckiest guy in America.

Some idiot was talking about how the video was “exhibit #1” in convicting Zimmerman. THe part of it that I saw, it exonerated him.

This is now all agenda driven. The truth in theis case is dead.

[HiTech RedNeck]

The actual legal case may well end up letting George Zimmerman go, but this is about ginning up a huge public uproar about it among the useful idiotz.

[SkyPilot]

Amazing. Thank you for that link.

I had read some of Trayvon's Facebook postings, but I don't "speak" Ebonics and I didn't understand what the term "Drank" meant.

As in "Purple Drank" and "Watermelon Drank."

Apparently, the little angel and martyr was making and using powerful drug cocktails.

This is an explosive revelation.

Where has our illustrious Media been on this?

I am sure that Andrea Mitchell, Al Sharpton, the Community Organizer, and Sheila Jackson Lee will get right on it.

[Aevery_Freeman]

If a full tox screen was not performed, the prosecution better have a good reason. It should have been done by now and the results made public - unless of course they are still trying to make the Z-man look guilty by holding him and his wife in jail on trumped up charges.

Good thing this is America where that kind of abuse cannot happen (Bill of Rights and all).

[SkyPilot]

This is interesting.....to say the least....

Purple drank

"Purple drank is a slang term for a recreational drug popular in the hip hop community in the southern United States, originating in Houston, Texas. Its main ingredient is prescription-strength cough syrup containing codeine and promethazine. Cough syrup is typically mixed with ingredients such as Sprite soft drink or Mountain Dew and pieces of Jolly Rancher candy. The purplish hue of purple drank comes from dyes in the cough syrup. There are numerous slang terms for purple drank, including sizzurp, lean, syrup, drank, barre, purple jelly, and Texas tea. In June 2000, Three 6 Mafia's single "Sippin' on Some Syrup," featuring UGK, brought the term "purple drank" to a nationwide audience. Three 6 Mafia's single "Rainbow Colors" featuring Lil' Flip pertains to the consumption of purple drank; the addition of a Jolly Rancher candy to a cup of purple drank creates a spectrum of colors, hence the name."

When Martin was referring to "drank" and "lean" and "DMX" in his Facebook postings, this is what he was referring to.

[battletank]

“I bring this up NOT because of stereotypes or because it is significant to the facts of this case.”

I do believe it will become an integral part of the “facts” of this case. It’s an ingredient in “let’s get high” drink. Google “lean” in the urban dictionary.

[SkyPilot]

The toxicology reports are notoriously botched. All they have say is they were "not looking for" such and such. Or they ran a 'standard' toxicology report and didn't find "drugs or alcohol' - but they don't test for DMX or codeine, they most likely test for marijuana, meth, cocaine, and heroin instead.

In any case, even if the facts are there to implicate the Angel Trayvon, look at what Johnnny Cochran did to the LA Police Lab that has sooooooooooooooo much evidence against OJ Simpson. The lab had simply "contaminated" and "manufactured" all the evidence, and the unbiased and impartial OJ jury of Obama voters nodded their collective heads approvingly.

[SkyPilot]

I do believe it will become an integral part of the “facts” of this case. It’s an ingredient in “let’s get high” drink. Google “lean” in the urban dictionary.

You're right - and I just became aware of this because of this thread.

Where is the media on this? Even Conserative media? Drudge? Breitbart? Fox? Rush? Hannity? CNS?

[SoFloFreeper]

Zimmerman is innocent.

[SoFloFreeper]

Zimmerman is innocent.

[SoFloFreeper]

Zimmerman is innocent.

[CORedneck]

I hate to say but I can even see a federal prosecution of Zimmerman when he is tried and found not guilty.