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George Zimmerman: Self-defense hearing could dismiss death charge
Orlando Slantinel ^ | 4/11/2012 | Henry Pierson Curtis

Posted on 04/12/2012 5:17:42 AM PDT by spacejunkie2001

George Zimmerman can ask to have the second-degree-murder charge against him dropped without having to stand trial in the death of Trayvon Martin.

Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.

The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show.

The state's "stand your ground" law passed in 2005 says:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

In its Dec. 16, 2010, ruling, the state Supreme Court stated that defendants claiming self-defense are entitled to evidentiary hearings to argue that the evidence in their cases proves they had the right to protect themselves.

The most recent of these hearings in Orlando failed.

(Excerpt) Read more at articles.orlandosentinel.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Florida
KEYWORDS: blackkk; florida; georgezimmerman; sanford; standyourground; trayvonmartin
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1 posted on 04/12/2012 5:17:55 AM PDT by spacejunkie2001
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To: spacejunkie2001
IF Zimmerman uses this Legal defense, believe me, he should, he can walk.

The problem for Law Enforcement now is trying to APPEASE THE BLACK MASSES WHO WANT HIM PUNISHED BECAUSE THEY DON'T CARE WHAT HAPPENED, AND IT'S "WHITEY" THAT THEY WANT CRUCIFIED.

If he (properly) is exonerated as he exercised his right to Self-Defense, the New Black Panthers will probably INCREASE the $10,000 bounty on his head, and he will be a dead man walkin'.

2 posted on 04/12/2012 5:22:48 AM PDT by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: spacejunkie2001
Ain't going to happen,my FRiend. Zimmerman is now a sacrifice from the Republican Party to Jesse Jackson, Al Sharpton, the Black Panther Party, with the that this will show them that they are not "raceist" and the hope that they will get one Black vote.

Zimmerman's goose is cooked.

3 posted on 04/12/2012 5:22:56 AM PDT by sport
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To: spacejunkie2001

Ain’t gonna happen. There is zero change someone have the balls to do the right thing.


4 posted on 04/12/2012 5:23:05 AM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: snarkytart

chance*


5 posted on 04/12/2012 5:24:03 AM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: sport

I refuse to believe that Zimmerman’s goose is cooked. I hope for the best.

Martin’s mother on the Today Show this morning called the shooting “an accident.” I thought her lawyer would faint.


6 posted on 04/12/2012 5:25:58 AM PDT by miss marmelstein
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To: spacejunkie2001

Let’s have a ‘fair trial’, then we’ll hang that cracker..... Sarc..

“A handful of protesters gathered outside the Duval County Courthouse in Jacksonville, where Ms. Corey announced the charge. One of them, Linda Dawson, didn’t think the second-degree charge was strong enough.

“We’re just glad that he’s behind bars, BUT WE’RE NOT SATISFIED,” said Ms. Dawson, executive director of Hurting Families With Children In Crime, a Jacksonville nonprofit. The turnout was lighter than expected, but that was because Mr. Zimmerman was charged, Ms. Dawson said, adding, “There would’ve been a riot if they wouldn’t have arrested him.”

Aaron Brown, a civil-litigation lawyer who organized a Trayvon Martin rally last month in Jacksonville, said the case is now “justice delivered, but not yet justice served.”

http://online.wsj.com/article/SB10001424052702304356604577337892597447300.html


7 posted on 04/12/2012 5:26:58 AM PDT by KeyLargo
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To: spacejunkie2001
This is not about 1 armed citizen protecting himself from 1 physically violent thug who was trying to bash out the armed citizens brains on a curb.

it is about destroying the constitution and specifically the 2nd amendment. Nothing more...that and stimulating zer0bama base, both his racial base and the Marxist elements.

paging Saul Alinsky, paging Mr. Saul Alinsky.

8 posted on 04/12/2012 5:27:59 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: spacejunkie2001
Unfortunately, this law is seldom quoted in full. The wording given in the article is modified by:

776.041 Use of force by aggressor. —The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

BTW, these limitations on justified use of force apply to the entire self-defense category, not just the SYG provision. So it has exceptions and exceptions to the exceptions.

9 posted on 04/12/2012 5:28:31 AM PDT by Sherman Logan
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To: spacejunkie2001
Hope this case moves at least as slow as Col. Hassan's. We need to get through election and have Repubs in charge of Justice Department; when the 'race war' breaks out.

If Holder 'Justice' leads; every day will be 'open season'. .. We can count on it.

10 posted on 04/12/2012 5:29:22 AM PDT by cricket (. It is more than the economy. . .and Newt knows it.)
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To: sport

All the while, Zimmerman is Hispanic, most likely Democrat, and IMHO innocent of charges.


11 posted on 04/12/2012 5:29:36 AM PDT by jdsteel (Give me freedom, not more government.)
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To: hoosiermama; Cboldt

FYI


12 posted on 04/12/2012 5:31:05 AM PDT by maggief
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To: miss marmelstein
Martin’s mother on the Today Show this morning called the shooting “an accident.” I thought her lawyer would faint.

DING DING DING - AND WE HAVE A WINNER!!! MArtin's family doesn't care one iota whether Zimmerman is convicted or if he even stands trial. He has now been CHARGED in the death and as such they can now pursue an "ACCIDENTAL DEATH" civil case.

Her saying Trayvon's death was an accident was NO MISTAKE she was signalling that this is all about filing a civil suit where 'stand your ground' and 'reasonable doubt' have no bearing. All they have to do is convince 12 morons that Zimmerman 'accidentally' killed their baby boy and should pay them as a result.

13 posted on 04/12/2012 5:31:35 AM PDT by commish (Freedom tastes sweetest to those who have fought to preserve it.)
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To: Vaquero
. . .it is about destroying the constitution and specifically the 2nd amendment. Nothing more...that and stimulating zer0bama base, both his racial base and the Marxist elements.

As rope is to neck; definitely, the big picture being drawn.

14 posted on 04/12/2012 5:32:25 AM PDT by cricket (. It is more than the economy. . .and Newt knows it.)
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To: spacejunkie2001

great bodily harm to himself

that’s the key. And if he has a lawyer who didn’t get his license from a cracker jack box, that will be the end of this bad joke.


15 posted on 04/12/2012 5:35:05 AM PDT by TexasFreeper2009 (Go Newt!)
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To: commish

Very interesting!


16 posted on 04/12/2012 5:35:27 AM PDT by miss marmelstein
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To: commish
Good point; and may well be; but 'blood from a turnip' remains the challenge. Will be interesting to see fall out here; just hope it drags till after Election 2012. Holder 'Justice' places all 'law abiding' in jeopardy. . .

We must have Repubs in charge. . .and damn us all; if we don't.

17 posted on 04/12/2012 5:36:41 AM PDT by cricket (. It is more than the economy. . .and Newt knows it.)
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To: maggief
Thanks. The left keeps calling this "stand your ground," but the legal test is simply "justified use of deadly force in self defense."

It is telling that the press openly says it is controversial, that if you are in fear for your life, you may use deadly force to stop the threat.

It's unChristian of me, but I hope those pricks are put in fear for their lives one day. And then called out if they survive by defending themselves with a knife, gun, or baseball bat.

18 posted on 04/12/2012 5:37:33 AM PDT by Cboldt
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To: Sherman Logan

Good points.

Well, come the Prelim, the state has to put on its case that it has probable cause for the arrest. Interesting it will be as to why the police did not believe they had probable cause the night of the event but do 30 days later. That would be point one for the defense before they even get to self defense or SYG. Next point, second degree, I’d like to see a showing by the prosecution they met all the elements of that crime.

The prelim is where one battles the legal formalities.

Were I the judge, from my perspective of not having all the facts, I’d withhold judgment till a sunday evening. Beforehand, I’d call gov scott to alert the state guard to be on full alert for my decision if I was dismissing the case.

JMHO.


19 posted on 04/12/2012 5:38:29 AM PDT by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: spacejunkie2001

Oh yeah? Ya wanna bet?


20 posted on 04/12/2012 5:40:35 AM PDT by the invisib1e hand (I think in about 5 - no, 4 - years I'll have had enough.)
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To: spacejunkie2001
They will hand pick a judge and ultimately a jury... he will be convicted! Because Holder's people demand it. I've seen this before. Backnin the 90s, right after the Rodney King affair, two white cops, plain clothes detectives, were arrested for the murder of Rodney King. The had busted him for cocain possession, he risted and wouldn't open his hand, which had coke in it, so the hit him with a flashlight. He ended up dieing, had large amounts of coke in his system, yet these two cops got 20 to life to preserve the racial peace. Justice, no! Cowardice, yes!

zimmerman is going to prison.....

Mike

21 posted on 04/12/2012 5:41:28 AM PDT by MichaelP (The ultimate result of shielding men from the effects of folly is to fill the world with fools ~HS)
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To: cricket
Good point; and may well be; but 'blood from a turnip' remains the challenge.

True, but Zimmerman isn't the only 'turnip' to be squeezed. They will probably try and involve the family (who do have money) because of statements Zimmerman's father has made, and they will also most likely sue the 'Gated Community' property owners for allowing a "Vigilante NEighborhood watch program' and also the City of Sanford for not 'reponding as soon as Zimmerman called and therefore endangering Trayvon, and then the State of Florida for having such a 'Henious' law as 'Stand Your Ground'.

22 posted on 04/12/2012 5:43:21 AM PDT by commish (Freedom tastes sweetest to those who have fought to preserve it.)
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To: miss marmelstein
-- Martin's mother on the Today Show this morning called the shooting "an accident." I thought her lawyer would faint. --

ROTFL. Well, there goes all of Corey's hard shilling to get a murder charge.

23 posted on 04/12/2012 5:45:28 AM PDT by Cboldt
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To: miss marmelstein

Accident is right. At the worst it should be negligent homicide.

Just poster another story on Stand Your Ground. A mere preponderance of the evidence is required to get the murder charges dropped.

Instead of a show trial this will go to judges.

Which means... Acquittal and riots.


24 posted on 04/12/2012 5:46:09 AM PDT by TigerClaws (He)
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To: spacejunkie2001

Never going to happen..
The mob is spun up to a fever pitch...


25 posted on 04/12/2012 5:46:48 AM PDT by tophat9000 (American is Barack Oaken)
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To: spacejunkie2001

People, none of you are familiar with the facts in this case. Either am I. To invest oneself in Zimmerman’s innocence is foolishness....just as in investing in Trayvon Martin’s innocence is foolishness. You should invest yourself in the facts and the facts alone...which will all come out in a court of law.

One indisputable fact is that a person is dead as a result of contact instigated by Zimmerman. This alone is troubling and should have lead to Zimmerman’s arrest the night of the killing.

With that said, yes, I can imagine scenarios where Zimmerman was defending himself but, I can also imagine scenarios where Trayvon was defending himself.

This case is now properly in the courts where the legal system can sort it out and where it should have been starting on the night in question.

The truth is, the attorney general did Zimmerman no favors by not arresting him immediately. Now, in the current charged up atmosphere, thoughtful analysis of the facts can be very easily overtaken by raw emotion, prejudices, and personal agendas (on both sides of the issue)...much like what happened in the OJ Simpson case.

A couple of months ago, George Zimmerman was just an over-zealous Neighborhood Watchmen likely with zero nefarious intent. Now, he’s in the cross hairs of the race-baters, and the politicians and has become one of the elements of the 2012 Presidential contest.

George...you now know why the 911 operator suggested that you not follow Trayvon....but, you found out too late....much too late.


26 posted on 04/12/2012 5:47:02 AM PDT by Mustangman (The GOP)
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To: Mouton

If state case is dismissed or he is acquitted, feds will still file a civil rights violation case.


27 posted on 04/12/2012 5:47:30 AM PDT by Sherman Logan
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To: spacejunkie2001

This case is no longer about justice and the law. It is about politics, politics of appeasement!


28 posted on 04/12/2012 5:48:22 AM PDT by varon (The patriots stand watch!)
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To: traditional1

Once they started walking the line of appeasement,
the only way it can end is with Zim’s murder by the State.

If you’re so afraid of black rioting that you’ll indict based on no evidence supporting the indictment,

you’ll be so afraid as to refuse to acquit as well,

you’ll be so afraid that you won’t pass a lesser sentence than the death penalty as well.


29 posted on 04/12/2012 5:49:33 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: TexasFreeper2009
great bodily harm to himself

that’s the key. And if he has a lawyer who didn’t get his license from a cracker jack box, that will be the end of this bad joke.

Common sense dictates this is the case. Unless, Zimmerman broke his own nose and slammed his own head to the ground. /s

30 posted on 04/12/2012 5:51:15 AM PDT by sirchtruth (Freedom is not free.)
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To: spacejunkie2001
George Zimmerman 8%+ unemployment Trayvon Martin $4 gas George Zimmerman worst economy in 50 years Trayvon Martin crippling regulations George Zimmerman crony capitalists Trayvon Martin Solyndra George Zimmerman Trayvon Martin George Zimmerman Trayvon Martin
31 posted on 04/12/2012 5:53:07 AM PDT by 6SJ7 (Meh.)
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To: jdsteel
Ironic, isn't it? He along with his family have supported the very ones that wish to see him cruificed, for all their political lives in all probably.

I also believe, from the evidence,to wit: the 911 tapes that he acted within the law.

32 posted on 04/12/2012 5:55:38 AM PDT by sport
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To: cricket

Ahhh. But you forget. With the hassan case it’s part of his religion to kill infidels thus justifiable. Kind of like American Indians being able to possess certain articles like eagle feathers. It’s part of the culture so it’s okay. B on B killings, no big deal. B on W killings, no big deal. W on B killings? Just another example of whitey keepin’ the black man down. This whole thing is a disgrace. Did you read any of the comments in the slantinel? Typical he did nothing wrong and was a wonderful 13 yr old kid. Except he wasn’t 13 and he was a big kid at 17. Why didn’t he just go on home? Maybe he felt “dissed” and had to try to prove “NOBODY disses me”.

Helping keep mankind warm for almost 65 years.


33 posted on 04/12/2012 5:56:35 AM PDT by rktman
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To: commish

His so-called family only cares about the possible payday. One of the many reasons I am glad the Texas ‘Castle Doctrine’ included language specifically protecting property owners from being sued by the families of thugs shot or killed by said property owners.


34 posted on 04/12/2012 5:57:35 AM PDT by bigredkitty1 (March 5,2010. Rest in peace, sweet boy. I will miss you, Big Red.)
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To: MichaelP

Dude, you got just about every fact concerning the Rodney King case wrong!! You better go back to sleep and try again tomorrow.


35 posted on 04/12/2012 6:00:46 AM PDT by Mustangman (The GOP)
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To: miss marmelstein

I believe this is due to some not so pleasant facts about her son are about to be exposed. Think about this from the mother’s point of view. She was grieving and wanted justice. The race baiters started a frenzy and she likely felt that her son was finally getting the justice she wanted. Now the reality of a complete airing of his dirty laundry is starting to scare her. The memory of her son is about to be ripped to shreds and it was caused by her actions. It seems she is now starting to pull back to protect her son’s public image.


36 posted on 04/12/2012 6:01:51 AM PDT by Dutch Boy
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To: Mustangman
You need to read it again! I wrote about malice green in Detroit!

Mike

37 posted on 04/12/2012 6:03:29 AM PDT by MichaelP (The ultimate result of shielding men from the effects of folly is to fill the world with fools ~HS)
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To: Mustangman
One indisputable fact is that a person is dead as a result of contact instigated by Zimmerman. This alone is troubling and should have lead to Zimmerman’s arrest the night of the killing.

Should read

One indisputable fact is that a person is dead as a result of contact instigated by one of them, which one we do not know.Now that is a correct statement.

38 posted on 04/12/2012 6:03:29 AM PDT by Ratman83
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To: MichaelP

I guess i should proofread. I was writing about Malice agreen in Detroit. Substituted king for green...


39 posted on 04/12/2012 6:06:13 AM PDT by MichaelP (The ultimate result of shielding men from the effects of folly is to fill the world with fools ~HS)
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To: MichaelP

Unfortunately you wrote Rodney King and not Green.


40 posted on 04/12/2012 6:06:26 AM PDT by Ratman83
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To: traditional1
Sounds like they are trying to recreate the same set of circumstances as the Rodney King case in 1991-82.

In the R King case the prosecution filed charges the evidence didn't support. It was nothing more than a show trial, they never intended to convict the cops.

The trial was moved to Simi Valley so the not guilty verdict could be blamed on Republican Racism.

The not guilty verdict gave the left the excuse they needed for the orchestrated race riots that followed the not guilty verdict of the cops.

They are doing the same thing here.

Creating an excuse for race riots.

41 posted on 04/12/2012 6:06:52 AM PDT by IMR 4350
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To: Mustangman

I agree with almost all of your post.

Exception. “One indisputable fact is that a person is dead as a result of contact instigated by Zimmerman.”

To the extent we know what happened, Zimmerman followed him at a distance. He may have wanted to initiate contact but apparently failed to get close enough.

Martin apparently chose to approach and speak to Zimmerman, which means he is the one who initiated contact. Many claim that Martin attacked Zimmerman without direct provocation. I don’t think there is sufficient evidence to make this assumption at this point.

But it does seem to be clear that Martin chose to approach Zimmerman and confront him at least verbally, from his girlfriend’s testimony.


42 posted on 04/12/2012 6:07:15 AM PDT by Sherman Logan
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To: spacejunkie2001
With that headline, "The Orlando Slantinel" is very good, but still too kind.

This is all about political manipulation to sacrifice Zimmerman in a political show trial that puts the Communists to shame.

Zimmerman's only hope is that the government gets their hand picked judge, and he turns on them, and/or several very cunning nullification jurors.

There will be several trials.

43 posted on 04/12/2012 6:07:42 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: Ratman83
One indisputable fact is that a person is dead as a result of contact instigated by one of them, which one we do not know.

We know from the 911 call that Martin ran away from Zimmerman and Zimmerman ran after him.
44 posted on 04/12/2012 6:09:50 AM PDT by FewsOrange
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To: Mustangman
George...you now know why the 911 operator suggested that you not follow Trayvon....but, you found out too late....much too late.

Mustangman: you just demonstrated that you know nothing whatever about this case. None of what you just said is true, including '911'.

Also: try to stop using ellipses mid-sentence. It makes you sound like an emo serial-killer.

45 posted on 04/12/2012 6:13:33 AM PDT by agere_contra
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To: Vaquero

Is that Doofer Dumbutt?


46 posted on 04/12/2012 6:15:04 AM PDT by jurroppi1
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To: IMR 4350
Creating an excuse for race riots.

Which for most is just an excuse to steal.

47 posted on 04/12/2012 6:15:39 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: traditional1
Photobucket
48 posted on 04/12/2012 6:18:23 AM PDT by baddog 219
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To: Sherman Logan

The judge will never dismiss the charges in Fl. for fear of his own hide. The case will go to a jury, probably not of his(Zimmerman’s) peers, but with enough “minorities” on it to insure a conviction.


49 posted on 04/12/2012 6:18:57 AM PDT by kenmcg (How)
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To: cricket
We need to get through election and have Repubs in charge of Justice Department

You don't seriously believe Romney can beat Obama, do you?

50 posted on 04/12/2012 6:20:50 AM PDT by Jim Noble ("The Germans: At your feet, or at your throat" - Winston Churchill)
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