Martin Case Affidavit

http://www.nationalreview.com/corner/295997/martin-case-affidavit-andrew-c-mccarthy ^ | 4-13-2012 | Andrew C. McCarthy

[sheikdetailfeather]

I strongly disagree with David French’s analysis. I’m inclined, instead, to agree with commentators ranging from former Reagan Justice Department official Mark Levin to Harvard’s Alan Dershowitz that the affidavit is stunningly weak — “unethical,” as Prof. Dershowitz puts it. In fact, I go further (which, after nearly 20 years of writing and supervising the writing of complaint affidavits, I think I’m qualified to do). This affidavit is not law, it is agitprop: invoking, for example, the explosive term “profiled” but carefully avoiding any discussion of what it means and failing to note that (a) there is no evidence of racial profiling, and (b) absent an invidious racial component there is nothing wrong with profiling (indeed, we want police to do it so that innocent people don’t get hassled).

[sheikdetailfeather]

"If I were a cynic, I’d say that an ambitious special prosecutor — exploiting the rabble-rousing of the U.S. attorney general and the racial grievance industry — filed an exceedingly serious charge for which she lacks evidence, second degree murder, in order to bask in the mob’s adulation while pressuring Zimmerman to plead guilty to a lesser charge, manslaughter, on which the special prosecutor runs a high risk of losing if Zimmerman forces a trial. So I’m sure glad I’m not a cynic."

[pogo101]

McCarthy is far closer to right than is David French. What French and SO MANY commentators forget, or do not address, is this: Even if the affidavit may provide “probable cause,” IT IS STILL AN ETHICAL VIOLATION TO FILE CHARGES unless the prosecutor reasonably believes that a conviction can be won with the known evidence that’s believed to be admissible.

There is no effing way that the known (at least publicly known) information could win a “beyond reasonable doubt” Murder Two conviction from any reasonable jury.

[snarkytart]

WHo is this French person? When an unarmed man is killed by an armed man charges are expected, huh French?
Well if the unarmed man is almost a head taller and is smashing someone’s head on the ground expect to be laid out flat if the person who’s brains you’re trying to bash in as a weapon.

[Vince Ferrer]

Same strategy as the Rodney King police officer’s trials then. That certainly worked out well when the jury couldn’t convict them of attampted murder.

[exDemMom]

From everything I’ve seen, this incident could be a case of a tragic misunderstanding. Zimmerman thought that Martin did not belong in the neighborhood, and got nervous. Martin thought someone was stalking him in a suspicious way. Things went downhill from there.

I’m not sure what would be proper justice if that scenario happened. Certainly not murder, but letting Zimmerman go scot-free may not be justice, either.

[imardmd1]

It seems to me that this is a prosecutor, risking the course of her career, very cunningly presenting a charge which must be dismissed at the arraignment (or failing that, at the trial), thus satisfying the sociopolitical desire of one population in that an arrest the maximum charge imaginable and imaginative has been placed; whereas another population will be satisfied that the charges have been finally and summarily laid to rest by the judge as a satisfaction of proper jurisprudence.

Personally, if this is the underlying objective for this procedure, it would be kindness to George in a Machiavellian move, thus protecting him from further harm.

But I'm not a lawyer or politician -- just an interested observer. Obama and Holder will have fits in both areas, eh?

[snarkytart]

Why? Martin confronted Zimmerman first, and last time I checked you’re allowed to ask someone what they’re doing around the neighborhood with having them use concrete side walk to try and bash your brains out. Martin was also a good six inches taller than Zimmerman and thought he’d just take the lil’ nosy man out for “disrespecting” him by daring to question what he was up too walking around the gated community.

[DB]

Its a matter of law not how one feels.

If you think Zimmerman shouldn’t go “scot-free” then he needs to have broken the law and in doing so someone died as a result.

Exactly where did he break the law?

It isn’t a crime to follow someone. It isn’t even a crime to ask the person being following what they are doing there. This was all on private property.

[Aevery_Freeman]

This is all being played out on the stage of Obama's reelection.

A hasty and egregiously flawed case could be expedited and concluded finding Zimmerman guilty and sentenced to life in prison.

This would allow Obama the opportunity to crow, revel in self-adulation and preen as the "protector-of-the-poor-and-minority classes" right before an election.

Shortly thereafter, the conviction would be vacated.

But then, I am a cynic.

[DB]

Sorry...

That was supposed to be “It isn’t even a crime to ask the person being followed what they are doing there.”

[wtc911]

you are on target.

[sheikdetailfeather]

I think she is counting on no judge having the fortitude to throw the case out being as the judge will be subjected to death threats, mobs and possible race riots as a result of doing the right thing.

[jiggyboy]

I’m not sure what would be proper justice if that scenario happened.

It's a certainty that a trial will clarify many of the things that are still being vigorously debated in all circles, completely eliminate some others, and make public many details that haven't even been guessed at yet.

[wtc911]

1) Martin confronted Zimmerman first...

____________________________

Please provide a link to an eyewitness sttement that says so.

2) Martin was also a good six inches taller than Zimmerman and thought he’d just take the lil’ nosy man out for “disrespecting” him by daring to question what he was up too walking around the gated community".

____________________

Oh, you know what Martin was thinking? Now guess what I'm thinking...

[dsrtsage]

The charges will be dismissed. This will happen near the election. The charges were filed knowing full well they will be dismissed.

[Talisker]

"If I were a cynic, I’d say that an ambitious special prosecutor — exploiting the rabble-rousing of the U.S. attorney general and the racial grievance industry — filed an exceedingly serious charge for which she lacks evidence, second degree murder, in order to bask in the mob’s adulation while pressuring Zimmerman to plead guilty to a lesser charge, manslaughter, on which the special prosecutor runs a high risk of losing if Zimmerman forces a trial. So I’m sure glad I’m not a cynic."

Zimmerman's not going to plead to a lesser charge - there's no reason to, because it's obvious theres no way to make M2 stick.

But it should be thrown out at the evidenciary hearing. That way civil process is blocked as well - and it's not just civil process against Zimmerman. Punk Trayvon's parents and lawyers are looking at the deep pockets of the HOA and the City and whomever else they can dig up - and these corporate entities currently employ their own law teams that are very busy informing the State that they will legally retaliate against the State if it exposes them to suit through the abuse of its powers.

I believe the military aviation term for what is going on is a "furball."

[USFRIENDINVICTORIA]

“1. David makes much of the fact that Zimmerman may have continued to follow Martin despite a dispatcher’s admonition to the contrary.”

The dispatcher did not “admonish” Zimmerman. He did not even “advise” Zimmerman; and he certainly did not “order” Zimmerman not to follow Martin.

The dispatcher said: “We do not need you to do that.” Taken literally (which is how everything spoken by a 911 dispatcher should be taken) — that is nothing more than a statement of what the dispatcher does or does not need. A perfectly reasonable response would have been: “that's okay, I don't mind continuing to follow him”.

911 dispatchers, like air traffic controllers, space ground controllers, etc. need to speak in clear, unambiguous language. Polite circumlocutions, and other ambiguities, can cause deaths.

Malcolm Gladwell wrote, in "Outliers: The Story of Success" about how polite, ambigious language has killed airline passengers and crew. Here's a link to one of many articles on the subject:

http://www.academicinfo.net/blog/patrick-woessner/2009/02/10/educations-power-distance-index

[sheikdetailfeather]

I know that when I feel I am being followed I do not attempt to confront the person. I get out of the area in the shadows. If the person confronts me and I have no choice but to respond, I would be very brief and ask who they are and why they are questioning me. If they punch me out, then game on, but...we know that Zimmerman did not punch and break his nose nor pound his head into the ground nor did he pull his gun. How do we know that? Zimmerman had grass on his back, a gash on his head, a witness heard screams. The man with the red shirt on the ground was Zimmerman yelling for help per the witness. It was Zimmerman with a gash on his head, a broken nose and grass on his shirt. Now could it be that Trayvon was held at gunpoint and jumped Zimmerman? Then why was Zimmerman beaten up so badly? Now were the screams Zimmermans? Gee. Since he is the one with the gashes and a broken nose, I would have to say yes. If Trayvon had similar injuries, we would know both people could have started the physical fight. Why on earth did a fight happen if Zimmerman had his gun and just wanted to blow Trayvon away? It happened because Trayvon jumped Zimmerman.

[sergeantdave]

“I think she is counting on no judge having the fortitude to throw the case out being as the judge will be subjected to death threats, mobs and possible race riots as a result of doing the right thing.”

All that needs doing is going to the local VFW and American Legion and asking for volunteers to clean out the garbage.

We did it that in my community and ran crooked cops out of the area, indicted thieving politicians and sent them to jail and confronted “tough” guys late at night. It’s all about getting good folks involved in a spring clean-up in the neighborhood.

There might even be a federal grant you can apply for to buy “equipment.”

[boop]

Someone mentioned that M2 will be impossible to reach, but murder 3 would be. What is 3rd degree murder?

I'm having trouble wrapping my head around any kind of "murder". The best I can fathom is a low level manslaughter charge, and involuntary or reckless at that. Frankly, I think the whole case stinks.