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Judge Nelson throws OUT 'child abuse' felony murder charge
June 11, 2013 | CivilWarBrewing

Posted on 07/11/2013 10:08:00 AM PDT by CivilWarBrewing

Judge Nelson has ruled AGAINST the prosecution for their attempt at a jury instruction for felony manslaughter based on 'child abuse'.


TOPICS: Breaking News; Crime/Corruption; News/Current Events; Your Opinion/Questions
KEYWORDS: 3rddegreemurder; blackkk; florida; georgezimmerman; trayvon; trayvonmartin; trial; zimmerman; zimmermantrial
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To: BigEdLB
There is a growing flash point now on whichever side wins or loses. If Zimmerman is convicted after all of this nonsense, he will be viewed as a political prisoner. If acquitted the usual suspects, abetted by the MSM will try to incite violence. Let’s hope the jurors have the courage to acquit.

My personal view is that Democrat activists wanted race riots last summer. That is why they supported and initially backed the "Occupy-wherever" movement. When that became an embarrassment, they shifted to the T. Martin shooting to incite riots.

After the failure of gun control, I fully believe that the Democratic party activists want race rioting in the streets and lots of bloodshed. I am not fully sure why, but suspect part of it will be to push for firearms confiscation.

When I look at Florida, which is a very heavily armed and strong concealed carry state population, and think of widespread riots, I foresee serious bloodshed.

I honestly believe that if Zimmerman is not convicted that many activists will work for rioting in Florida and across the county this summer. The radical element of the democratic party has always had a slightly anarchist bend geared toward tearing down the establishment. I sense them really wanting to gain power (ala Middle East Spring). I sense the gun control faction as wanting something to point to to say we must disarm average citizens.

I predict a long hot and ugly summer.

The Zimmerman trail is an obvious miscarriage of justice that is being sparked by political activists at all levels. I see the judge as wanting not to be assassinated by activists. I expect jurors if they vote to not convict Zimmerman will receive death threats.

The democratic politicians are trying to make the trial into a wedge issue to improve their political election chances in mid-term election's. My hope, would be that some brave Republican activists will recognize this political show trial for what it is and start to make speeches about how the democratic power elite are trying to "lynch" a Hispanic and how the Democratic party can never be trusted to protect the interests of hispanics.

It is time to fight fire with fire. In the mean time, I would echo a portion of the suggestion of VP Joe Biden, and suggest people get a good shotgun for self protection, along with at least 30 to 100 rounds of shells.

81 posted on 07/11/2013 10:43:04 AM PDT by Robert357 (D.Rather "Hoist with his own petard!" www.freerepublic.com/focus/f-news/1223916/posts)
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To: Robert357
"After the failure of gun control, I fully believe that the Democratic party activists want race rioting in the streets and lots of bloodshed. I am not fully sure why, but suspect part of it will be to push for firearms confiscation."

If that's what they are thinking, it will backfire. The public does not support rioting and will associate any such rioting with the Dems.
82 posted on 07/11/2013 10:45:00 AM PDT by Steve_Seattle
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To: kevkrom; DonkeyBonker

Yep, its true in FL and really most other jurisdictions. It takes a certain mumber of provable elements to convict on a given crime. Where the greater crimes have more elements, the lesser included crimes require proof on a subset of those same elements. So for a crime that has, say, three elements, lesser included could be proven with only two of those same elements. It’s like giving the prosecution partial credit. He couldn’t get that third element, but if he showed the other two elements, he gets the corresponding “lesser included” as a consolation prize.

In this case, to get Murder Two the prosecution needed to show 1) the victim was dead, 2) the defendant unlawfully killed the victim, and 3) the defendant did so with a “depraved mind.” A depraved mind is demonstrated by a calloused disregard for human life (as opposed to premeditation, which would ratchet it up to Murder One).

Well, the prosecution lost on the depraved mind element, so they went down the list to manslaughter. The problem is, the killing still has to be unlawful for that element to hold, and if the jury buys the self-defense argument, then the killing was lawful, and that second element also fails, leaving the prosecution with only the single element of the victim’s death, for which there is no lesser included.


83 posted on 07/11/2013 10:46:06 AM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Red in Blue PA
Rick Scott is dead to me. He allowed the Federal Government to come into this State and trample its sovereignty. The only area of jurisdiction the DOJ had was civil rights, and that could NEVER be proved. Scott should have told Holder and the race-baiting chocolate brothers to go scratch. Instead, he threw out the welcome mat.
84 posted on 07/11/2013 10:48:18 AM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: Jeff Head

I still say that a 20 oz can of ANYTHING is a weapon.

When you pick up a can of fruit from your cupboard & heft it in your hand-—you tell me if you think that would be something called a weapon when it is being slammed against your body or your head.

The idea that only a gun or a knife or a machete or similar can be a ‘weapon’ is a joke.

I can find alot of weapons here on my ranch—even a stirrup strap with a heavy metal stirrup attached can be swung & can most likely kill someone.

Anyone here on FR can find a can of 20 OZ weight in their cupboard & see what I am talking about.


85 posted on 07/11/2013 10:49:42 AM PDT by ridesthemiles
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To: eCSMaster

Lol!


86 posted on 07/11/2013 10:52:54 AM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: CivilWarBrewing

I’m so pissed right now! Just caught the beginning of the state’s closing argument and the attorney has the f’ing nerve to say that Trayvon Martin is dead through no fault of his own. Seriously? These prosecutors and supporters of them act like it’s a crime worthy of prison if GZ FOLLOWED TM but they say NOTHING about TM physically assaulting GM. Is that not still illegal??? He now keeps talking about “assumption, assumption.” SO WHAT if George made a freaking assumption, that is what people who aren’t brain dead do all the time. So what if someone has a hunch and follows up on it. Doesn’t give someone the right to try and bash your head in!I really cannot believe how backwards this God forsaken country is now:(


87 posted on 07/11/2013 10:53:00 AM PDT by kelly4c (http://www.freerepublic.com/perl/post?id=2900389%2C41#help)
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To: k4gypsyrose
GZ could be tried on federal charges, which would not be double jeopardy.
88 posted on 07/11/2013 10:55:28 AM PDT by chrisinoc
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To: kelly4c
TM physically assaulting GM. Is that not still illegal???

Well, no, it is in reality de facto legal for a black person to beatdown a non-black person for any perceived "disrespect".

89 posted on 07/11/2013 10:55:59 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Dead Corpse
Further, the DA needs to be disbarred and jailed under USC Title 18 Sec 241; Conspiracy to deprive civil Rights under color of law.

And who enforces US Code? Why, Holder's InJustice Department. The same bunch hijacking the investigation and sending instigators to foment racial agitation with taxpayer dollars.

And the state? The state is fully behind this farce as well.

The only hope is that the jury weighs the facts and not the consequences of an acquittal.

90 posted on 07/11/2013 10:56:10 AM PDT by dirtboy
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To: Steve_Seattle

I believe she had to throw it out because, as someone has posted elsewhere, this was an attempt to get to felony murder, and it was too deeply flawed for even this court to make it work. Felony murder is when you kill someone during the commission of some *other* felony. But here, because the alleged child abuse and alleged felony murder were one and the same event, the legal argument is fatally circular. The felony during which you also manage to kill someone can be some other event, like a burglary or a rape or even the killing of a third party, but it logically can’t be the same exact event.


91 posted on 07/11/2013 10:56:12 AM PDT by Springfield Reformer (Winston Churchill: No Peace Till Victory!)
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To: Dead Corpse

Hopefully, he’ll make enough from the civil suits that he can hire some good personal security. He’s gonna need it for a while.


One lawsuit will be MSNBC and their “edited” audio on Zimmerman on the call to the police which allowed him to be painted as a racist. I believe this was part of a broadcast by the Rev. Al.


92 posted on 07/11/2013 10:56:20 AM PDT by Hotlanta Mike ("Governing a great nation is like cooking a small fish - too much handling will spoil it." Lao Tzu)
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To: kevkrom

believe you are right.


93 posted on 07/11/2013 10:57:02 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: k4gypsyrose

O.J. was tried twice (double jeopardy), the second time on Civil charges. That is a common occurrence now. I was outraged at O.J. being found ‘not guilty’, but I was just as outraged that he was tried a second time. Regardless the case, double jeopardy is illegal.


94 posted on 07/11/2013 10:57:58 AM PDT by CivilWarBrewing
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To: green iguana

yes. if it wasn’ t defense would have strenuously argued to remove it.


95 posted on 07/11/2013 10:58:30 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Raycpa

no, feds might tho.


96 posted on 07/11/2013 10:59:04 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Vince Ferrer

we have to find him guilty before we can know what the charges are.... /pelosi-logic


97 posted on 07/11/2013 10:59:59 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: MrB

When are white people going to learn that looking at a black person in public is ‘visual assault’? /s


98 posted on 07/11/2013 11:00:31 AM PDT by CivilWarBrewing
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To: CivilWarBrewing

just started prosecution closing stmt. had to turn it off, i almost barfed. i know even the prosecutor doesnt believe what’s he saying about st skittles sizzurp martin.


99 posted on 07/11/2013 11:01:18 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: DonkeyBonker

The verdict should be acquittal of course, but it will be interesting if there is one jury holdout leading to a hung jury.

Since we all know that the DOJ and rabble-rousers wanted an arrest for show purposes, will the prosecution re-try the case?

Or will the shameful Zimmerman show trial satisfy the Holders and Sharptons.

If it’s a hung jury I do not see a re-prosecution of the case. It will be on to the federalista civil suit and more mad fun for the LSM.


100 posted on 07/11/2013 11:01:40 AM PDT by A'elian' nation ("Political Correctness does not legislate tolerance; it only organizes hatred." Jacques Barzun)
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