Skip to comments.WAS IT REALLY 2D MURDER?
Posted on 04/12/2012 6:43:08 AM PDT by shortstop
George Zimmerman is guilty.
But Im not sure its second-degree murder.
Unless there is some bit of evidence we dont know about, unless there is some smoking gun out there, there is nothing in the Florida statute on second-degree murder that sounds like what happened that night.
The special prosecutor got to strut for the cameras last night, but if she cant deliver the goods, and there is an acquittal, there is going to be hell to pay and riot police are probably going to get called out.
In a case that has turned out to be more about race politics than the events on the sidewalk of a Florida subdivision, you wonder what last nights announcement was really about. Was it mollification? Was it the considered opinion of a veteran prosecutor? Was it the first step in a political lynching?
Time will tell.
But heres what the law book says.
In Florida, there are two ways a person can be guilty of second-degree murder.
In the first, someone has to be killed by someone showing a depraved mind. There must also be the perpetration of an act imminently dangerous to another. If those two factors exist, without premeditation, in Florida, thats second-degree murder.
In the second, someone has to be killed by someone who is committing another felony crime. That list of specified felony crimes runs from arson and kidnapping to aircraft piracy and aggravated stalking. But none of the specified crimes including terrorism is anything like what George Zimmerman did that night. Specifically, he has not been accused of any other felony crime, so he could not be charged under this part of Floridas second-degree murder law.
Which gets back to the first part.
Did George Zimmerman commit an act imminently dangerous to another and did he do so with a depraved mind.
It is clear that shooting a gun at someone is an act that is imminently dangerous. But did George Zimmerman fire the gun with a depraved mind?
Thats harder to say, and maybe impossible to prove.
Was it depraved for a Neighborhood Watch guy to follow a young man down the street? Unwise and ultimately tragic, yes, but depraved?
Not in most dictionaries.
And then there is the aspect of self-defense. If George Zimmerman makes the argument that he was repelling an attack he thought endangered his life or limb, the whole situation changes. The prosecution would have to not only show that George Zimmerman was not in danger, and that no reasonable person would consider themselves endangered in that situation, but that he had a depraved mind.
Unless theres evidence that we dont know about, that goes to Zimmermans state of mind, thats a very high standard for the prosecution to meet.
That phrase beyond a reasonable doubt is a purposefully difficult level of evidence.
In this case, we only have one version of events George Zimmermans. We cant presume he is being truthful, but the prosecution will have to affirmatively prove that he is being untruthful. And that will be hard, largely because Trayvon Martin is not here to tell his side of the story.
According to press accounts, a witness verifies Zimmermans claim that Trayvon was on top of him hitting him. The enhanced video from the police station shows an injury on the back of his head.
Those things, though not conclusive, are supportive of George Zimmermans version of events.
And in the absence of another theory, and evidence to support that theory, youre not getting to beyond a reasonable doubt.
There are practical aspects of trying this charge that will be difficult and disruptive.
How, for example, do you seat a jury?
And what will the racial makeup of that jury be and will that ratio be satisfactory to the people and activists who have been shouting for justice? In the blood lust that is masquerading as justice, how does a trial on this charge lead to anything but chaos?
If George Zimmerman is acquitted, as there seems to be a fair chance he will be, is there a possibility of racial upset or riot? Its happened before, more than once.
Have we just found this generations OJ trial? Have we just found this generations Rodney King?
I will trust that this prosecution is not political. But I will have my doubts.
Dont get me wrong.
Its George Zimmermans fault that Trayvon Martin is dead. If Zimmerman had stayed home or in his vehicle, none of this would have happened.
There is clearly reckless endangerment here, and maybe there is some species of criminally negligent homicide or maybe even a manslaughter. But murder, thats unlikely, and even less likely of being proven.
So we got headlines last night.
And a show trial sometime down the road.
But after that we may have uncorked hell.
Everyone knows its what the Son of Ayers and Holder really want.
Riots if acquitted.
Strongly worded protest letters to the editor if convicted.
Guess what group the gutless SP and politicians fear?
The rioters or the letter writers?
Guess what demographic makes up the majority of rioters.
Guess what demographic makes up the majority of letter writers.
I have two bets with myself. The first is that GZ will be killed in jail, probably before the trial, but definitely afterward if convicted. The second is that regardless of the verdict, there will be riots - simply because they are opportunities to loot.
The stupidity exhibited in this statement is enough to take one's breath away.
Yes, and take this situation coupled with the tossing out of Obama care as the act of a racist supreme court against the first black president... hell was uncorked in 2008, its always been in the cards.
No but Prosecutor Cory has one in her head.
“Its George Zimmermans fault that Trayvon Martin is dead.”
Actually, if Trayvon Martin launched an unprovoked attack on George Zimmerman, I’d say the blame is squarely on Trayvon.
DIMS don’t like “Stand Your Ground” laws, as such laws adversely impact a core RAT constituency group—Criminals.
ooh I know this one: the answer is “people the NAAClP wants to put in jail and force to pay reparations.”
The Duke Lacrosse affair didn’t go to trial. This one won’t either. It’s a clear case of self defense. It’s all show.
GZ isn’t in general pop. He has his own cell.
If Trayvon Martin was standing his ground against an armed stalker, I’d say the blame is squarely on the armed stalker.
That is not beyond anything else I have seen from little bammy's crew of communists, so your theory has merit.
The prosecutor my be maxing out the charge in order to get GZ to plea deal to a lesser charge.
It will take a pretty crafty lawyer to defend him on this one as there are so many factions involved. I listened to the prosecutor's speech (live) yesterday and it sounded like she was introducing all the stars at Oscar night. I did not believe the crap she spouted about proceeding with the case according to the strictest letter of the law for ONE SECOND.
The entire thing is dripping with political theater.
And remember, the prosecution has the burden of proving, beyond a reasonable doubt, that it wasn’t self defense.
And, these are the folks that should have been in jail long ago.
“Its George Zimmermans fault that Trayvon Martin is dead. If Zimmerman had stayed home or in his vehicle, none of this would have happened.”
Yeah, and if whites don’t protect their property the savages can destroy the REST of the country, but.....golly...at least they won’t be shot.
I found her comment that she was ‘seeking justice for Trayvon’ rather than seeking justice, period, interesting.
” and riot police are probably going to get called out.”
Isn’t that the plan anyway?
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