Posted on 07/11/2013 9:11:32 AM PDT by Sopater
As expected, the Judge in the George Zimmerman case ruled that in addition to Second Degree Murder, she will instruct the jury on the lesser included offense of Manslaughter, as required by Florida case law.
In a surprise move this morning, the prosecution asked the Judge to drop the Aggravated Assault charge and to instruct the jury on Third Degree Murder, which is murder in the course of committing a felony.
The felony the State wanted as the predicate was Aggravated Child Abuse (Jury Instruction) because Trayvon Martin was 17 at the time of the shooting.
According to Don West, the defense was not notified until 7:30 a.m. this morning.
This surprise is important because the defense did not have time to research the law, while the State presented numerous cases. Generally it is not a defense to child abuse that the perpetrator did not know the age of the victim. This is an unusual circumstance, however, where Zimmerman was punched in the nose and the “child” was on top punching him — to say that excessive use of force in defense of an attack by a “child” is child abuse certainly requires some time to research and argue. I don’t know the answer to that legal question, but the court should give the defense time to research and argue it. (Update 11:35 a.m. — Judge just indicated she will give defense time to research, but didn’t indicate how long until 1 p.m.)
(Excerpt) Read more at legalinsurrection.com ...
They want a conviction on SOMETHING, that’s obvious. They know they didn’t have enough for the murder charge.
What REALLY REALLY ought to concern everyone in America is that after the case has been sent to the jury, a prosecutor and judge can decide to add new charges. How is this even possible? I am not surprised but astounded at the same time they’re getting away with us.
What recourse is there when they judge rules this way?
I know that with this judge anything is possible, but in a normal American court as opposed to this kangaroo court, is this even legal?
Yes. And what about releasing then his sealed school records showing his behavioral issues?
How far is Orlando / Disney World FL, from Sanford Florida?
30 miles?
Well, he probably did not police his brass.
/s
That’s the night that the lights went out in Florida,
That’s the night that they hung an innocent man,
So don’t trust your soul to no Holder justice system,
‘Cause the judge in town has bloodstains on her hands.
They really must be worried their case is going down the tubes.
WTF...really...
“I don’t think whites would riot, but I suggest if Zimmerman is railroaded, EVERY white citizen across the country boycotts black owned businesses—walk into a business and ask right out if the owner is black and voted for Benghazi Barry—if you get an afirmative, walk the hell out.”
Well, you don’t have to look much farther than Detroit to see what kind of effect “white flight” and liberal and big government plus big labor policies have wrought.
Can the defense go over this judge’s head when she’s showing clear, blatant bias?
Isn’t one of the main reasons for CCW to keep society peaceful because citizens have no idea who might or might not be carrying a gun?
Yup, totally agree.
Besides they have no fear of “white Hispanic” people rioting if he is convited, its ALL about race anymore. They will let him rot in jail before they would allow him to walk and a riot break out.
Sanford is 25 miles northeast, but effectively a suburb of Orlando, so it isn’t like they’re totally separate places. Disney is well to the south of Orlando and in a rather unpopulated area. Orlando has neighborhoods with a large concentrations of Holder’s people that I expect to get lit up like the 4th of July if Zimmerman is acquitted.
What are you asking that question?
Zimmerman should have carded before shooting him?
Wow.....this is such crap....
Blacks are now a protected animal.....
17 yo, almost 6 ft “child”, who is already on record for attacking a bus driver, and who is somewhat trained in MMS.
So could any of those people who previously charged with 2nd degree murder in FL and were acquitted be brought back to stand trial for 3rd degree manslaughter/child abuse if a minor was involved?
I am not a lawyer but have 30 plus years in law enforcement. Maybe someone could help me here.
Since when is Child Abuse a “lesser included charge to Murder”? If the Judge would let the Agg. child Abuse charge go to a Jury, then Zimmerman was precluded from facing his accussers and providing a proper defense. The state never mentioned this charge in their opening. How can any Jury be allowed to contemplate a charge never mentioned before the State’s closing? It seems more than “sinister”. Why don’t they just add Kidnapping or Sexual Assault. Both charges could be valid but he was never indicted for same.
So “child abuse” but the “judge” won’t permit text message evidence that this “child” had a history of MMA-style assaults on others “children”, including telling Rachel that he had to attack one boy again because he didn’t “bleed enough” from his nose.
Even if the judge disallows the motion this is causing the defense to not have time this morning to prepare its closing remarks.
Did they add “Hate Crime” charges yet or are they waiting to see how the jury does?
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