But technically, she's right that the charging affidavit is kosher under Florida criminal law practice, and Dershowitz is wrong. The charging affidavit only need include exculpatory material, if that is an element of the charged crime. In Florida, the criminal charge of 2nd degree murder makes no reference to the self defense statutes, which are in a different chapter.
Not to say Corey's charge is ethical, it's not. Just saying that there won't be any evidence of that in the charging information or supporting affidavit; at least not the way Dershowitz presents it.
He could point out that the record has NO evidence of certain elements sworn true in the affidavit. There is no evidence that the dispatcher ordered Zimmerman to wait for police, for example.
Interesting points, thanks, but I don’t see why the fact that Zim was defending himself is not “an element of the charged crime.”
What I find so interesting here is that Corey's "half truth" is perfectly acceptable to the court, while Shelly's may be sanctionable. The "professional" that is bound by a code of ethics can, can feel free to "lie" by omission. Shelly (was she even sworn in?) is just a average citizen who would normally be presumed to be completely ignorant of court procedure.
LOL!! Should have read the article first. I guess Dersh and I agree!