Posted on 08/14/2012 6:36:13 AM PDT by MNDude
attorney for the man who shot and killed unarmed Florida teenager Trayvon Martin said Monday he'll seek to get the case dismissed using a traditional self-defense argument and not the state's "stand your ground" statute. Mark O'Mara, who is defending George Zimmerman against a second-degree murder charge in the fatal February shooting, said the traditional self-defense approach is appropriate because the facts suggest his client couldn't retreat from a beating Martin was giving him. Zimmerman's attorneys had said last week that they would use Florida's controverial "stand your ground" law, which allows people to use deadly force -- rather than retreat -- if they believe their lives are in danger. "The facts don't seem to support a `stand your ground' defense," O'Mara said. Martin's Feb. 26 death in a gated community in the Orlando suburb of Sanford first drew national attention on March 8, the day his relatives held their first news conference to lament that Zimmerman hadn't been arrested.
Read more: http://www.foxnews.com/us/2012/08/13/zimmerman-defense-lawyers-wont-argue-tand-your-ground-in-florida-shooting-case/?test=latestnews#ixzz23WkwXCXZ
(Excerpt) Read more at foxnews.com ...
Well, O’Mara knows best about the facts, but the benefits of a SYG dismissal is immunity from civil action (which you know the Martins will commence if/when charges are dropped).
If someone is astride you and beating you to a pulp, you’re hardly in a position to retreat, but then decide not to because you’re going to Stand Your Ground. SYG has absolutely nothing to do with this case, although a lot of lefties and MSM demagogues (but I repeat myself) seem to think otherwise.
I can see the attorney’s argument for not using SYG, I even agree with it. The key point I see is that the Judge that is currently assigned is obviously biased in this case. What I think needs to be done is to move the case to a different jurisdiction entirely. The Jury pool has been tainted and with this judge I think it is impossible to get a “fair” trial.
I know they requested a new judge and was shot down. Did they also request a change of venue and have that denied as well?
They’ve appealed the judge’s decision to not recuse himself.
I think they went to the court of appeals about the judge. A venue change request hasn’t been made as far as I know.
Z’s lawyer has to thread a needle. Beating the Florida rap doesn’t accomplish anything if Z then faces Federal civil rights charges.
It’s really about money. If it is dismissed under SYG there is no civil liability. Team Skittles wants a payday. Nothing more, nothing less.
Back when all this was just getting cranked up it was the left wing media, and ONLY the left wing media that was pushing SYG into this case. This case was going to be their venue to spin and lie about SYG. Now that opportunity is gone.
Going for ther stand your ground law means the case can bew thrown out/dismissed and from what I understand, they could appeal to the stand your ground law even if the case didn’t actually involve the ‘rules’ of stand your ground
However, since thge biased judge refuses to recuse himself fro mthe case- I seriously doubt he will allow the argument swince that would mean the biased judge would lose hte limelight he’d gain from a trial and conviction of a ‘white’ man
There was a ‘lawyer’ (liberal) on today arguing that because zimmerman didn’t ‘go to the hospital, that means he couldn’t argue justifiable homicide due to self defense’ (not direct quote- but close enough) If that is the case, then Sicne when did the requirement to defend yourself with deadly force include the prerequisite that you must go to the hospital immediately after the incident?
IIRC George would have to testify in a SYG hearing and that would be a nightmare for his defense.
[[Beating the Florida rap doesn’t accomplish anything if Z then faces Federal civil rights charges]]
What would cause that chaqrge to be brought? How the heck could he be charged with that if it’s shown that zsimmerman acted in self defense? It should be pretty easy (assuming the whole judicial system inviolved i nthe case isn’t cowtowing to opinion of the black comunity but ragther actually following the law) to show that race had nothign to do with a man in fear for his life while having his head smashed against concrete- The second martin touched zimmerman- zimmerman had every right to defend himself, whether or not george followed martin- this is irrelevent- martin had ABSOLUTELY NO RIGHT to touch george- no right at all- as soon as martin initiated physical contact- race is out hte window and assault and defense enters in- marint was the aggressor- and regardless of what george did- martin acted illegally when he assaulted george- george acted legally and within his rights al lthe way through the incident- it doesn’t matter whether martin was black, red, yellow, purple- geroge had every right to follow him as long as he didn’;t initiate any physical contact- The ONLY reason george would not have had a right to follow martin was IF martin had taken out a restrainign order against him, and we know this certainly wasn’t the case-
Anyways- I seriously doubt any kind of legal judggement is goign to come down in this case- the judge has been tainted by bias and predjudice and infact the judge is hte one who wshould be charged with racial bias IF he rules agaisnt an obvious case of self defence- It’s funny how the black comunity can bring charges of ‘racism’ WITHOUT ANY EVIDENCE whatsoever, but zimmerman, a hsipanic, isn’t allowed to counter especially in the face of blatant racial bias agaisnt him?
I hate to go against the general trend here, but Zimmerman would never have been in that position had he just minded his own business.
Neighborhood watches tend to be run by petty little tyrants like the type who run HOA’s and are staffed by nebby busybodies with too much time on their hands. Sorry, I see anyone walking down the street, Black kid or otherwise, and I ignore him. He ain’t bothering me, so I could care less about where he goes or what he does.
Look, I really don’t care what happens in this case, I have no dog in the fight. But I’m enough of a resident of Realville to know that regardless of what the outcome of the criminal; case is, George Zimmerman probably doesn’t have a long future ahead of him. If convicted he’ll get “inmate justice” like Jeffrey Dahmer, or if acquitted someone on the street will take him out. BTW, that’s not a prediction, just an observation.
Regarding the judge’s bias ...
That he ordered GZ to reside in Seminole county speaks volumes. GZ has cooperated with LEOs at every stage of this process. There is absolutely no legal justification for that order. GZ is clearly not a flight risk. The order endangers his and Shellie’s safety.
Regarding SYG ...
I concur. This is simple self defense.
Devil’s Advocate for a second.
If someone is following you rather ominously at night, why do YOU not have the right to confront that person? SYG works both ways. Trayvon may have thought he was being stalked. Trayvon was a 17 year-old kid.....for all he knew GZ could be some sex pervert into teenage boys.
Just sayin’
Well just saying but you could be some sex pervert into teenage boys.
GZ was on his way to the grocery. He was not performing NW duty at the time.
But to your point, GZ’s community had a recent string of burglaries, all committed by young black males, some violent. When your community (i.e. your neighbors and friends) is repeatedly burglarized, you have two choices. You either continue to be a victim at the risk of encouraging more serious crimes like rape and murder or you take back your community to show the thugs that you will not tolerate crime.
GZ took the conservative position. He saw a young male he did not recognize acting strangely on a cold rainy night and decided to call the police. In the process of getting an address for the 911 operator, he was attacked by that young black male. That much is known.
Whether or not TM went for GZ’s gun as GZ claims matters not. GZ was on the ground being beaten (”MMA style” according to eyewitness statements). He defended himself. He had neither the legal obligation to take the beating nor the opportunity to retreat from it.
It. Is. That. Simple.
Don’t fall for the NW bully narrative. GZ didn’t bully anyone. He reported suspicious activity.
Straw man.
TM had the opportunity to call the police to report that he was being “stalked.” He didn’t. He had the opportunity (and time) to go “home” and get away from the “stalker.” He didn’t.
TM confronted GZ, which was his right. But then he became the aggressor when he began beating GZ “MMA-style.” Had TM killed GZ by beating his head into the concrete or getting GZ’s gun and shooting him, it would have been murder not self defense.
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