Posted on 04/12/2012 6:43:08 AM PDT by shortstop
George Zimmerman is guilty.
Of something.
But I’m not sure it’s second-degree murder.
Unless there is some bit of evidence we don’t 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 can’t 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 night’s 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 here’s 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, that’s 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 Florida’s 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?”
That’s 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 there’s evidence that we don’t know about, that goes to Zimmerman’s state of mind, that’s 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 Zimmerman’s. We can’t 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 Zimmerman’s 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 Zimmerman’s version of events.
And in the absence of another theory, and evidence to support that theory, you’re 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? It’s happened before, more than once.
Have we just found this generation’s OJ trial? Have we just found this generation’s Rodney King?
I will trust that this prosecution is not political. But I will have my doubts.
Don’t get me wrong.
It’s George Zimmerman’s 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, that’s 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.
Watch this.
“George Zimmerman is guilty.
It’s George Zimmerman’s fault that Trayvon Martin is dead. If Zimmerman had stayed home or in his vehicle, none of this would have happened.”
Guilty of not staying home!
By the time this business is over, neighborhood watch groups will be a thing of the past. Residents will be expected to just shut their mouths when they observe unknown persons in their neighborhoods at night.
The prosecutor should remember Nifong. All the lefty race haters in North Carolina could not save him from justice in his political show trial against the Lax players.
This lady had best hope she was not overheard playing the Nifong leading up to this arrest and show trial.
The smirk on the prosecutor’s face was because she had followed her orders and passed the buck to a jury.
She will now be set for life ala marsha clark:
she will have courttv interviews and her own show.
she will be writing a book (nobody will read)
she will have that shot at a judgship prefereably appelate since merit retention is defacto appointment for life incumbant protection.
she has the votes of the race baiters if she wants to run for office.
she better have a really clear cut smoking video with witnesses or her fantasies go up in smoke.
This guy is an idiot. Placing the entire blame on Zimmerman is pure sophistry. If Martin had gone home instead of confronting and possibly attacking Zimmerman, then he would still be alive. Anyone who looks at the layout of the development will see that Zimmerman was not blocking Martin's path to his father's residence.
In civil suits there is a "loser pays" provision in some states, to minimize frivolous actions. The same should apply to criminal cases, so the cost of defense doesn't break the innocent.
Rethinking that principle, though, OJ's defense costs would have had to be paid by the state when he was acquitted. I don't like that idea so much.
Attacking from behind is not the same as standing your ground.
she has to have the trial moved to a blue “gun control freak” zone of florida where she will have more democrats in the jury pool.
There is no longer any chance for a fair trial in miami (southern florida) orlando sanford or even jacksonville
“All the lefty race haters in North Carolina could not save him from justice in his political show trial against the Lax players.”
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Well, in the end he was just a white guy.
Nifong walks if he’s black.
Just like the racist, lying criminal whore that precipitated the entire fiasco.
It is amazing to see the hate and anger from the black community and the tender handling from the police Depts.
Poor zimmerman is up to his neck in planned actions by people who seem escape the view of the “Law enforcement” organizations and are allowed put up Alive or dead wanted ads. Where is our Hero Eric Holder ??????
I predict that it will be the media will start the meme that the gun is to blame and gun laws like stand your ground kill minorities. if only Zimmerman did not have a gun Trevon would still be alive - Zimmerman thought he was tough because of the gun - it was a tragic accident that could have been avoided and Trevon would still be alive if only there was not killer gun - blah blah blah.. The reason for the orchestrated national misreporting is not about Martin or Zimmerman, but about guns. E.Holder is working his brainwashing strategy. This will turn out to be about the guns faster than you can say furious. As a bonus a crisis that will caused and we all know the administration will not going to let one of those go to waste. Perhaps their will be suggestions of racial reparations and that theme will be the talk in congress and on the radio for a month. The administration showing their restrain and moderation will not enact reparations, but only regulate guns (for racial protection because more black men are shot than whites) or some such tactic of usurpation.
Zimmerman was returning to the development after running an errand. He was not on duty as part of the Neighborhood Watch. He had a permit to carry a concealed weapon. What is reckless about that?
If Martin believed he was being followed, he should have gone home. I have not seen or heard any indication that Zimmerman was blocking Martin's path home.
How can you claim “utter ignorance” when your own comment is ignorant of the fact he wasn’t committing a crime. Zimmerman never reported a crime being committed on the 911 call... I’m not defending Trayvon he was a punk, but just saying...
I' was public schooled and that is my defense. I apologize to the grammar patrol and ask mercy.
Acquittal: Riots.
Charges dismissed: Riots.
Plea bargain on a lesser charge: Riots.
Hung jury: Riots.
Conviction: Celebrations that will look just like riots.
I understand that on at least on occasion, Martin was within 50 feet of his parent's home. Why didn't he just go there? That would have ended the whole thing.
it makes toal sense if you factor in the fact it will eliminate showboating prosecutors (see oj prosecution team, nifong etc).
there has to be an end to the “arrest them all and let the judge sort it out” mentality.
I’m not saying I agree with the prosecutor...just musing about what her angle is going to be.
She has to come up with something, and thats all I can think of, to justify Murder 2.
Pounding someone’s head into the pavement isn’t a crime?
Who again is ignorant?
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