The statute’s statement that self defense need not be “negatived” is not the same as ignoring exculpatory evidence when bringing the charge. The state doesn’t have to say “and it wasn’t self defense, for the following reasons....” However, she knew of Zimmerman’s injuries, eyewitness accounts, etc., yet she brought the strongest charge possible.
Dershowitz’s argument is the charging affidavit explains to the judge why the charge is justified. Dershowitz really is saying the prosecutor overcharged and “covered up” significant evidence of that by leaving out Zimmerman’s injuries.
It’s very iffy to say the affidavit was unethical. More to the point, bringing the charge may have been unethical. I say may have, because she’s not the first prosecutor to over charge a crime.
The prosecutor is not a friend of either the defendant or ultimate truth. I do think this is a case of politically motivated charges by a prosecutor who surely realizes Z did not commit 2nd degree murder.
Dershowitz, otoh, is a self promoter who loves to claim other lawyers don’t know what they are doing. He’s also a defense attorney.
The key here will be Z’s allegedly contradictory statements to police. That’s her main evidence, and it wasn’t detailed in the affidavit, either.
Takeaway lessons are the police and prosecutor are not your friend, don’t talk to them and get a good lawyer.
Her support for the charge also includes DeeDee's testimony that Martin was being chased, and Sybrina's testimony that Martin is the one heard screaming for help on the 911 call or calls.
DeeDee and Sybrina are her key witnesses, and neither of them is a good witness. Both of those witnesses are easily overcome by the other witnesses, the timeline, and forensic evidence.
The state doesn't have a case, except by conjecture.
>>Takeaway lessons are the police and prosecutor are not your friend, don’t talk to them
I expect most FReepers have seen this by now, but it can’t hurt to post it again. Well worth the 45 mintues to watch; if you’re doubtful, watch the first 10, you’ll end up watching the whole thing:
Don’t Talk to Police
http://youtu.be/6wXkI4t7nuc
And those statements have still not been made public by her office, nor the lie detector test that he took and passed that night for the police.
Very good advice. Zimmerman is an exception to the rule, I think his being forthright with police immediately following the incident will work in his favor. His enemy now is Corey, and I believe she is out to sink Zimmerman, facts be damned.
Weird case, because the police testimony all works in Zimmerman's favor, and undercuts the prosecution. Corey isn't swimming just against Zimmerman, she is swimming against the SPD.