Posted on 04/11/2012 7:07:12 PM PDT by NelsTandberg
The Florida State Attorney's Office has PDF files available with Angela Corey's prepared statement and the Issue Capias charging Zimmerman with one count of second degree murder.
"COUNT I: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, on February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, kill TRA YVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Sections 782.04(2), 775.087(1) and 775.087(2), Florida Statutes."
http://www.sao4th.com/press_releases.php?view=true&goto=812&name=Speech-Regarding-George-Zimmerman-by-Angela-Corey
http://www.sao4th.com/press_releases.php?view=true&goto=810&name=George-Zimmerman--Issue-Cap
(Excerpt) Read more at sao4th.com ...
Interesting comment from another site on this case:
The Prosecutor over reached for a reason:
1. she looks tough on this case.
2. she knows the evidence will not hold up.
3. it’s a win win for her, even if she loses she wins (blame the jury) she’s off the hook as well as Seminole County.
4. If she wins, well, there is a bright future for her in politics...... Zimmerman will win on appeal but ruin him financially.
This will act as a pressure relief valve slowly bleeding off pressure.
The family has stated all they wanted was an arrest not necessarily a conviction.......the reason is without an arrest they cannot get any money.
“We are not asking that he [Zimmerman] be convicted; We are asking that he be arrested”
-Benjamin Crump Esq.
Attorney for Tracy Martin and Sybrina Fuller
(Quoted to Piers Morgan on 4/3/2012)
in section 2 of the immunity statute 776.032 a person is “immune” from criminal or CIVIL action if they are not arrested. The arrest itself can be interpreted as “Probable Cause” the force, or action taken, was unlawful.
Remember the key distinction between guilt or innocence in Criminal vs. Civil trials. ....In ‘criminal trials’ the burden of proof is “beyond a reasonable doubt”.... In ‘civil trials’ the burden of proof is “with a preponderance of the existing evidence”;.... this is where probable cause comes into play..... For the purpose of “monetary justice” it only takes an arrest;... a subsequent conviction is not necessary.
Without an arrest there is no standing for a civil case awarding monetary damages to Tracy Martin and Sybrina Fuller against George Zimmerman,... the HOA for The Retreat At Twin Lakes,... and possibly the City of Sanford and all of their respective ‘insurance companies’.
Without an arrest there is no implied probable cause which could lead to Compensatory and punitive damages for wrongful death.
The other approach to a monetary victory would be a “Federal” civil rights investigation and possible arrest on federal civil rights laws. Hence a better understanding of why attorney Benjamin Crump is fabricating information to the Federal Department of Justice. In the letter to the DOJ Crump said:
“We look forward to your thorough and comprehensive review of the suspicious circumstances surrounding this meeting, and the decision to disregard the recommendation to arrest Zimmerman”
In response State Attorney Norm Wolfinger released a statement on Monday saying he is “outraged by the outright lies” contained in a letter written by the attorney of Trayvon Martin’s parents, who are seeking a federal review in the case.
You can see how valuable the compassion of Washington DC power people can be in the engagement of the goal. Indeed many people wondered why Congressional members called a hearing into this one case. Perhaps “who” coordinated the hearing is the clarity needed in understanding the “why”, for at the heart of the conversation is the Congressional Black Caucus. Anyone remember the CBC and the victory called Pigford?
Successfully using the office of the President and Eric Holder’s DOJ to “leverage” a chosen outcome is, well, smart racial politics. Especially when there is a strong possibility of favorable public opinion driven by a misguided, and more than willing water-carrying media, to benefit the Oval Office.
Before Martin’s death, Crump was best known for representing the parents of a teenage boy who died after an encounter with guards at a Florida boot camp in 2006. The videotaped beating of Martin Lee Anderson attracted national attention and led to the closure of the state’s boot camps for juvenile offenders.
Benjamin Crump and his law partner, Daryl Parks, who testified at a congressional hearing on Capitol Hill, are Tallahassee-based personal injury attorneys who primarily handle wrongful death and negligence cases.
In a Huffington Post interview Ben Crump dodges the question of how, and if, he is being compensated by Trayvon Martin’s parents. “You do it because it’s the right thing to do,” he said. “As long as you make your goal to do right and do good, all of the money and financial material stuff will come”.
Beyond the reality of financial gain and self-interest there is even a more troubling consideration when you weigh the extent they are willing to go to for money. The flames of racial tension have been stoked to a white-hot inferno in Sanford Florida, and arguably quite hot around the nation.
The team at ‘Breitbart’ picked up on the connection between the Trayvon Martin case and the Martin Lee Anderson case with an article a few days ago where they cited some analysis done by the Miami Herald. One key phrase in the Breitbart column was:
The Herald failed to note one other similarity: the controversy over the victim’s death has little to do with the actual guilt or motives of the accused killer.
I doubt Breitbart actually knew at that moment how insightful that small paragraph actually is regarding the real motivation here; And therein lies the heart of the matter for Benjamin Crump, Daryl Parks, Tracy Martin and Sybrina Fuller.
The political and monetary gain for many surrounds this case....from gun laws to racial issues to now that the family got their “arrest” the can file civil suites and all manner of lawsuites against many.
I don;t believe one bit this was about their sons death....their Attorney gave it away right from the beginning when he said way back...”We want an ‘arrest’ not a conviction”....
The Attorney saw a gold mine and he’s going after it...and the family equally as much.
Anyone have any insight on whether the age of the vic has any bearing on this charge?
It was mentioned a week or so back that Martin parents could not sue Z unless charges were filed. How would having the case thrown out effect their lawsuit?
Not that I've seen and I've been looking for it. It seems to be common knowledge that Martin suffered a gunshot wound to his chest. But is that wound where the bullet went in or where it went out? Only the M.E. knows for sure.
Once upon a time someone very close to me was found dead. There was a bullet hole in his forehead. The responding officers immediately declared it a suicide . . . a typical suicide: the fellow held the gun to his forehead and pulled the trigger.
Several weeks before the incident, he had received two death threats in the mail. These were given to the police who dismissed them . . . saying they were just a prank, someone’s sick joke. There was no investigation.
Six months later the autopsy report was released to the family. Only then did the family find out that the bullet hole in the forehead was the exit wound and that he had actually been shot in the back of his head.
When the family went back to the police with autopsy report in hand they were told that there still would be no investigation and the manner of death would remain ‘suicide’.
They said the medical examiner had made a mistake. Oddly, they added that they (the police) had to ‘protect’ their pensions and make sure the family couldn’t sue the police department.
When the media were allowed o paint Zimmerman as "White" his fate was sealed. Should Zimmerman had been Black, this case would have been closed 20 minutes after it transpired. If Martin had beaten Zimmerman to death, this case would have been closed 10 minutes after the police arrived.
This case sends two messages: Message number one goes to the Black hoodlum community: It is now open season to do what you please to Whitey. In the rare instance he defends himself successfully, the law will get him. Message number two goes to the White commuity: Should you ever be put in a position of having to defend your or your love ones lives from the actions of Black hooligans, expect no support from either the White community or law enforcement.
Understood. To people who don't understand, they'll scream "he appointed himself a vigilante! He called 911 a zillion times! He told the dispatcher these punks always get away! He was mad about that and he swore! Then he shot Martin so he couldn't get away."
This is America 2012. Create your ideological argument first, pick and choose supporting facts later.
As for evidence, as far as well know, the only witness to the first punch is Zimmerman (unless there are others who saw it that first night or who have manufactured their account since then). The witnesses don't have to believe him. The statement that Martin's girlfriend attributes to him could have been made when Zimmerman came upon Martin. What's a jury (whose names and addresses may be public) going to decide? And we don't know what else Zimmerman told the police during the hours of interrogation at the station that night.
I think Corey has a tough burden, but she has the power and money of the State of Florida on her side, the sentimental story for some, public fear of reprisal if Zimmerman is found not guilty, witnesses who appear to have changed their stories to favor Martin since the night of the encounter, witnesses who seem to have appeared since the first night, advocates wanting to make their bones testifying as experts against Zimmerman . . .
And Zimmerman has a TV News expert as an attorney, limited financial resources, and a jury that's likely already heard false evidence in the news. You can't unring a bell.
One of my professors expressed preponderance of the evidence along the lines of 50.0000000000000000000000001 to 49.9999999999999999999999999. Actually, I got tired of zeros and nines, but you get the idea.
Will she still be able to sue Zimmerman when the witnesses, on-scene cops, and evidence show that it was a clear cut case of self defense especially when the jury says, “Not Guilty”?
I’m not suire, I don’t know law, but to me it sounds liek al lthey had to do was ‘charge zimmernman’ not convict him- in order for martins to be able to sue- juswt like in oj simpson case where he was aquitted, but later sued by the family of nichole I woudl imagine
Yes she will- oj simpson was aquitted and nichole’s family I think successfulyl sued ohj
Yes, I would expect much like OJ Simpson. Her parents sued in civil court after he was found not guilty.
The article seems clear to me they wanted an “arrest”. Opened then the flood gates to file suits no matter what the outcome in trial.
Just as Travor’s mother and attorney said....”we wanted him arrested and we got what they wanted”....likely the gravy train will flow and the lawsuites fly from here on in.
Message number one... goes to the Black hoodlum community:
It is now open season to do what you please to Whitey. In the rare instance he defends himself successfully, the law will get him.
(Adding one more: If all else fails call Obama, Sharpton, Black Caucus and Jackson.)
Message number two goes to the White commuity:
Should you ever be put in a position of having to defend your or your love ones lives from the actions of Black hooligans, expect no support from either the White community or law enforcement.
I also think we can expect fewer bright individuals to sign up for police work.
I think if the “Stand your ground” stood and they threw the case out...Then the family couldn’t bring civil lawsuites. But it does get complicated.
I think Mark O’Mara is going to use “stand your ground” because if that holds little can follow...Zimmerman goes free...it reall is going to get very complicated.....and I think Martin’s Attorney will make certain it does.
Remember when Anthonys attorney opened...he immediately accused her father of the murder, though it was Anthony on trial....that completely diverted the attention from Anthony and created doubt because the Attorney began accusing another.
That's one side of the story, but has by no means been proven.
who had a background of minor brushes with authority and certain details which indicate serious crimes. That may have some limited relevance to a determination of who started the fight, but is otherwise irrelevant to whether or not Zimmerman is guilty of a crime.
That's one side of the story, but has by no means been proven.
who had a background of minor brushes with authority and certain details which indicate serious crimes. That may have some limited relevance to a determination of who started the fight, but is otherwise irrelevant to whether or not Zimmerman is guilty of a crime.
I have no idea what world you live on but yes we know that Zimmerman was taking a beating and yes we know the beater was a young strong athlete in his prime. Provable without a doubt in the world? Well no but that almost never happens.
Of course the kids history could have a bearing. If he was an eagle scout with no disciplinary problems, was class president, with a perfect attendance record vs. A kid suspended from school numerous times, with a gangsta persona, numerous brushes with the law. Caught with jewelry and marijuana in his bad, yep the type much more likely to jump on a guy and start beating him.
Whether it would be allowed in court I don’t know but it sure as hell tells you a lot about the kid.
Of course the fact that he was a 17 year old who looked like a hood is important.
That is the reason the networks never posted those pictures. They always posted one of him looking like a 10 year old boy, because yes, it makes a difference.
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