Breaking – State moves to charge Zimmerman with 3d Degree Murder based on Aggravated Child Abuse

Legal Insurrection ^ | Thursday, July 11, 2013 at 10:37am | William A. Jacobson

[Sopater]

As expected, the Judge in the George Zimmerman case ruled that in addition to Second Degree Murder, she will instruct the jury on the lesser included offense of Manslaughter, as required by Florida case law.

In a surprise move this morning, the prosecution asked the Judge to drop the Aggravated Assault charge and to instruct the jury on Third Degree Murder, which is murder in the course of committing a felony.

The felony the State wanted as the predicate was Aggravated Child Abuse (Jury Instruction) because Trayvon Martin was 17 at the time of the shooting.

According to Don West, the defense was not notified until 7:30 a.m. this morning.

This surprise is important because the defense did not have time to research the law, while the State presented numerous cases. Generally it is not a defense to child abuse that the perpetrator did not know the age of the victim. This is an unusual circumstance, however, where Zimmerman was punched in the nose and the “child” was on top punching him — to say that excessive use of force in defense of an attack by a “child” is child abuse certainly requires some time to research and argue. I don’t know the answer to that legal question, but the court should give the defense time to research and argue it. (Update 11:35 a.m. — Judge just indicated she will give defense time to research, but didn’t indicate how long until 1 p.m.)

[Windcatcher]

I stopped buying TastyKakes because they’re within the Philadelphia city limits. I’d like to see a unified list of which businesses are within bluer-than-blue cities.

Ben&Jerry’s has always been on my no-buy list. I buy either Wawa or Turkey Hill ice cream instead.

[Celtic Conservative]

I kind of agree, CC because this has "reversible error" written all over it.

(the other)

CC

[DoughtyOne]

Ah excuse me Mr. Man. I know you’ve just broken my nose, and are hitting my head against the concrete, but could you please tell me how old you are. I don’t want to take advantage of you. I mean if you’re 17, I should allow you to keep hitting my head against the concrete. If you’re 18 I can shoot you in self-defense.

Please Mr. Man. Could you tell me how old you are.

The point is, no matter the age, the perp was threatening Zimmerman’s life. If that isn’t reasonable cause, what would be?

[Thane_Banquo]

Yes, but in this case downgrading to 3rd degree murder requires the commission of a separate felony as well. The state argues this felony was aggravated child abuse, a totally different charge that was never brought up before in the case.

[alancarp]

Best chance is still with this jury.

> A mistrial motion would just be denied since the judge did the thing that the defense would complain about
> even if a mistrial somehow granted, you’d have to start over... with the state clearly able to do a better job the second time ‘round.
> Even on appeal, you’re most likely dealing with judges more sympathetic to the prosecution... unless you can convince an appellate panel of judicial misconduct.

On the other hand, maybe the judge is TRYING to force a mistrial since the state has screwed up so badly... to give the state a “do-over”.

[Art in Idaho]

Bears repeating:

How is it possible to be convicted of a crime you weren’t charged with or arrested for?

Time to immediately file for a mistrial.

Mistrial: a trial terminated without conclusion on the merits of the case because of some error in the proceedings.

How many 'errors in the proceedings' do they need?

[Windcatcher]

I have always maintained that Holder’s agenda has always been one of revenge on Whitey.

[dragnet2]

NO 3rd degree

[driftdiver]

This is a travesty but I cannot see how that would stick.

There may be riots if they are successful in doing this. It’s probably time to start pressuring the Gov to bring an end to this marsupial court.

[demshateGod]

It looks to me like they played the classic liberal game of going for a 10 when they really only wanted a 6. So when they get 6, the other side isn’t all worked up over it saying, “at least they didn’t get 10. We dodged a bullet there.”

I hope they’re just inept and he goes free.

[skeeter]

I'm gonna read through this thread to see if anyone has already answered this question, but it seems highly illegal for the prosecutor to wait to see how the trial goes before amending the charges to better guarantee a conviction.

[Jeff Head]

These people are desperately pulling any rabbit out of the hat they can to get any kind of conviction against Zimmerman. Even if the rabbit is dead and decayed nad has absolutely no life in it.

And, after watching the ludicrous actions of the Judge yesterday when she was badgering Zimmerman about testifying himself, and arguing with the defense attorey about the pace of the trial, I have to say this judge appears to be willing to go right along with it.

Zimmerman was attacked by Martin. After all of the testimony, that is absoluteely clear. Zimmerman violoated NO law, and yet Martin sucker punched Zimmerman in the nose, breaking his nose and knocking him to the ground. Martin then climbed on top of the prostrate Zimmerman and was beating him, knocking his head into the ground and cement. Zimmerman's screams for help are hysteric, panicked, and clearly a person fearing for his life.

Zimmerman finally shot in defense of his life. Killing a 17 year old who is in the act of beating you senseless and possibly beating you to death is not child abuse.

The very idea makes reason stare, and is just one another affront to, and travesty of justice.

I pray, with all my heart, that the Jury comes back with an innocent on all counts verdict, and that they do so very, very quickly. I also pray that the Standford and other local...and heck, nation-wide police and Sheriff's departments are prepared to put down whatever rioting results from such a verdict.

The race baiters, politicians, and liberal media people who are stirring up and inciting this travesty need to be cut down to size...cut off at the knees. They need to be themselves prosecuted for their incitement to violence and conspiracy to subvert the law.

ThE TRUTH ABOUT LIBERAL ILLOGIC

[PATRIOT1876]

If a 17 year old thug breaks into your home or tries to kill you on the street and everyone is unlucky enough to have him live, he should be tried as an adult.

[conservativebabe]

Well, the fact remains he is on trial for what he was charged with. You can’t add charges after the fact or he’d have to be re-tried on the new charges. This is ridiculous.

[MomwithHope]

Here we go, hope someone can post this as a chart. The link shows the top black owned businesses, showing state, staff, $$ and what they do.

http://www.blackenterprise.com/lists/be-100s-2012/

[demshateGod]

This could be the catalyst. I can see some patriots attempting a rescue, attacked by well armed gov forces, people all over coming to there aid, and it spreading quickly everywhere patriots make up large numbers.

[Jeff Head]

Apparently even the judge recognized the futility and ludicrous nature of such a prosecution motion.

JUDGE THROWS OUT MURDER CHARGE BASED ON CHILD ABUSE

[kiryandil]

George should have run when he had the chance.

George should have waded into the whole lot of them like Arnold in T1 when he had the chance.

[demshateGod]

If Zimmerman does walk, what are the chances he ever votes Rat again?

[cuban leaf]

What I think is happening is a deliberate destruction of the case so it can be retried as a civil rights case in a federal court.

---

I’m thinking along similar lines.

This went so badly for them that they are pulling out all the stops to keep this from going to the jury at all.