Posted on 07/09/2013 5:52:13 AM PDT by NOBO2012
Immediately following the close of the State’s case on Friday, Mark O’Mara, the lawyer leading George Zimmerman’s defense team, stood before Judge Nelson and made his oral motion for a judgment of acquittal for his client (a parallel written motion was also submitted to the Court).
c George Zimmerman defense counsel Mark O’Mara
The motion was well-reasoned, and strongly founded on Florida’s case law. It was also doomed to fail before a Judge who has consistently denied reasonable defense motions out of hand, while rubber-stamping motions by the State that bear not the slightest relevancy to the facts of this case.
Details matter in the law, and in any case the quick-and-short reporting of Nelson’s denial of the motion for a judgment of acquittal has already been widely reported (by us, among others). Here, we take a different approach, delving into the details of O’Mara’s motion. Part of this detail includes the full-length decisions of almost every court case cited by O’Mara in support of his motion.
Most of these court cases are gratifyingly brief and written in a style easily accessible to non-lawyers. Accordingly, throughout this piece the reader may hyperlink to the full-text of the relevant court decision back at the Law of Self Defense blog (where they join many hundreds of other self-defense related court decisions from all 50 states).
In today’s post I focus on O’Mara’s oral motion to Judge Nelson (“The Good”).
My next post on this subject will cover Mr. Mantei’s duplicitous response to the motion (“The Bad”), as well as O’Mara’s response in turn...continued
(Excerpt) Read more at legalinsurrection.com ...
Angela Corey and Benjamin Crump should be disbarred and serve hard time.
Logically, the motion should have been granted. However, the Judge made the proper ruling in light of the big picture. The media, the White House and the poverty pimps would have caused massive social upheavel had the motion been granted. Sad to say it, t but the denial very likely saved innocent lives. That’s a sad commentary on our society.
Yes, it is better that one innocent should suffer, than a thousand criminals go free.
do I really need the sarcasm tag here?
Whoever the “black supervisor” was that forced the prosecutor to pursue charges should be sued into abject poverty.
Disagree that this ruling saved lives, it may have saved one, hers !! Unless there is a guilty verdict there will be riots and lives lost. Liberal race baiters will see to that !
As a matter of law the state proved NADA, she should have thrown out the case as soon as the motion landed on her bench! If there is a guilty verdict she should set it aside - but she won’t have the courage to do so.
This whole trial is a sham perpetrated by the race-baiter culter fostered by Jesse and Al.. Wait for the “no justice, no peace” slogans to start ringing again !!
you have a point there, but a bad one
The trial is about Zimmerman, and only him. Outside factors should not decide his fate, especially not any “innocent lives that might be saved” outside the court.
Would you be willing to go to jail if you were innocent but the judge said “we are going to throw you in jail anyway or else rioters will kill innocent people”
The judge might possibly have saved this mess if she had granted it.
Even Better, the state could avoid a mess by saying “in light of the recent testimony which contradicts our original investigation the state would like to drop all charges”
That puts it back on the idiot witnesses
Did it really save innocent lives, or just kick that can a little farther down the road?
I’ll say this much:
O’Mara is a great lawyer. Refusing to cite the “stand your ground” law may have been the single most effective stratagem in defending Zimmerman’s freedom— or what at least what remained of it.
“Stand your ground” was the initial impetus of the media’s attention. Without that issue, the persecutors have to turn to the threat of mob violence to justify conviction.
I’m speaking to the real world issues here. It is a travesty that the proper decision could not be reached for the proper reasons. It is patently unfair to Zimmerman.
My comment about saving innocent lives is easily elaborated upon. A sudden dismissal would have caught law enforcement and citizens alike off guard and unprepared. THAT is where innocent lives were saved. Once the jury begins deliberations law enforcement and citizens will have time to formulate plans to protect themselves and the community from the anticipated riots. Innocent lives will be lost when the riots come (and they are coming). However, I believe fewer innocent lives will be lost. Quite a few.
The entire mess is a travesty of justice, decency and common sense. BUT, since that train left the station when they indicted Zimmerman, there isn’t much we can do about that.
I can think of no better proof that white-on-black crime is statistically non-existent in this country, at this point in time, than the choice of this particular incident by entrenched powers to push the white-racism-is-rampant narrative.
that may well be....the fact is it wasn’t
reference bump
Who cares about the “real world” here? The “LAW” is not in real world, and neither are any rulings coming from it. What should matter (and should ONLY matter) are the facts in the case, and nothing outside should factor in.
The judge screwed up bad (deserves impeachment and disbarrment) and the prosecution team (and supervisors) need disbarrment and hard jail time. The only way to stop this sort of thing is to hit it hard when found... very, very hard.
After what happened to Mike Nifong, you'd think these people would have the sense to run screaming for the exits whenever they saw Al Sharpton was involved.
Wrong.
I’ve argued literally thousands of these motions. The sole test is ... is there enough to go to a jury and could a reasonable juror (a term of art) convict? It’s as low a threshold as you can get. It’s right there with probable cause. It is also a VERY VERY VERY different test than “proof beyond a reasonable doubt”.
It just kicked the can farther down the road, giving the race pimps, the MSM, and the Obama administration more opportunity to stir up emotions and whip up a frenzy that will result in more innocent lives being lost if Zimmerman is acquitted. The judge & the prosecution are only concerned about their own careers and lives. To hell with justice.
Reminds me of the old Westerns where the townsfolk surround the jail and insist the Sheriff turn over the prisoner so they can hang him. In the old days we used to think the Sheriff was the hero for telling the people to stuff it, justice demanded a fair trial and they'd have to kill him to get to the prisoner. This was used a lot, it was a cliche because back then Americans had a sense of fair play and justice and that image was powerful.
These days I imagine many would scoff and say that the sheriff was stupid, that the mob would probably kill innocent people and damage property in their fury and he should have turned the guy over, guilty or not.
Turn around Pastor! You’re preaching to the choir!
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