Posted on 04/12/2012 3:51:09 PM PDT by 2ndDivisionVet
Harvard University law professor Alan Dershowitz appeared on MSNBC’s Hardball where fill-in host Michel Smerconish asked him his opinions of the arrest warrant issued and carried out for alleged Trayvon Martin murderer, George Zimmerman. Dershowitz called the affidavit justifying Zimmerman’s arrest “not only thin, it’s irresponsible.” He went on to criticize the decision to charge Zimmerman for second degree murder by special prosecutor Angela Cory as being politically motivated.
“You’ve seen the affidavit of probable cause. What do you make of it,” Smerconish asked. “It won’t suffice,” Dershowitz replied without hesitation.
“Most affidavits of probable cause are very thin. This is so thin that it won’t make it past a judge on a second degree murder charge,” Dershowitz said. “There’s simply nothing in there that would justify second degree murder.”
Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. “It’s not only thin, it’s irresponsible,” said Dershowitz.
Dershowitz went on to strongly criticize Cory’s decision to move forward with the case against Zimmerman. “I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged. This case will not – if the evidence is no stronger than what appears in the probable cause affidavit – this case will result in an acquittal.”
Smerconish identified the total lack of any mention of the supposed fight that occurred between Martin and Zimmerman prior to Martin being shot. He said he was disappointed that he did not see any mention of that conflict that led to Martin’s murder.
“But it’s worse than that,” said Dershowitz. “It’s irresponsible and unethical in not including material that favors the defendant.”
“This affidavit does not even make it to probable cause,” Dershowitz concluded. “everything in the affidavit is completely consistent with a defense of self-defense. Everything.”
Watch the segment below via MSNBC:
(VIDEO AT LINK)
Yes, but still a leftist. Like Larry Tribe, he believes the 2nd is clearly an individual right, but would go much further than I in allowing the states (and Feds) to control that individual right. And though Roe is bad law, but there's a limit to what the states may regulate. Which is why Tribe, Alan is way to controversial, isn't on the Court. The nation would be better off with more on the left like this.
He's talking about the law, not the real world.
Besides the fact that the law has very little to do with this entire cluster f*ck, he's not taking into consideration the threats the jurors and their families will get. The New Black Panthers will put a bounty on the jurors if they acquit. It won't be done as openly as they did with Zimmerman. But you can bet that it will be made known to the jurors what might happen to them or their families if Zimmerman is acquitted. It is asking a hell of a lot of a person with a spouse and two little kids to follow their conscience and acquit some guy they don't even know at the risk of their own family.
All of the banana republics in North America are not south of the Rio Grande.
My guess is the judge has already been lined up.
It’s helpful to remember that Professor Dershowitz ALWAYS thinks that the prosecution lacks even probable cause, and that the defendant will be acquitted. I’m not saying he is wrong here (quite the opposite), just that this it is not surprising to hear this from him.
Be funny if Alan volunteers his services, pro bono, to Mr. Zimmerman’s defense.
i think dershowitz has been reading your posts on FR. :>)
The republican governor appointed her because he said he doesn’t have any faith in the state attorney. I’m sure he hopes to get a few black votes. I hope he loses a bunch of ccw votes.
I have read some of that commentary, and you are right, the possible “Jewishness” of Zimmerman’s father is prominently mentioned. The MSM is editing a lot of that out when they bother at all to cover the outrageous behavior of some of these militants. I am convinced that President Obama opened his mouth about this case before he saw a picture of Zimmerman.
The affidavit says Zimmerman “profiled” Martin. I wonder if they quoted Newsweek to support that allegation.
On live TV the judge asked where was Zimmerman. His lawyer said, right here standing next to me, and the judge replied, “Oh, I didn’t recognize him.”
Seems the news media has plastered a doctored image so much of Zimmerman being pasty white that not even the judge recognized him.
See earlier post in that she is from the Jacksonville area office, not Orlando (Sanford) area. They say she is a tough prosecutor but I saw her as more of a political animal than that of a tough law and order person when I got to see her one on one at the local REC meetings when she was elected. I was not very impressed. I have since quit the REC because all it became was just another rooting section for the establishment.
She replaced a guy named Shorstein who was also touted as a tough prosecutor but he also never saw a railroad job he could refuse.
Dershy likes seeing his name in print.
Yes, three years ago.
Agreed. I can't see it happening though. I can't imagine his respect for the law extending to actually defending someone that is so reviled by the left. His comments, surprising as they are, have a lot of wiggle room as regards future comments and actions.
Who the hell do they think invented “profiling”? Yes, its the FBI. The nsa should take note. It works. And PREVENTS civil rights violations.
One of the biggest mistakes they could make is to televise this trial. It needs to be as closed door as possible.
While I agree that the charges are "irresponsible" I frankly think that Corey knew that if she didn't bring the charge of "Murder" that not only would her career have been in jeopardy, but also her life. This lynch mob would not have been satisfied with a manslaughter charge. They want Zimmerman's blood and they will not be satisified until he is in prison or dead and anyone who stands in the way of this mob had better watch their backs.
I have been studying law for 30 years and I have never seen such overcharging on such flimsy evidence. Perhaps the Duke LaCrosse case exceeds this one, but not by much.
Dershowitz is right. The charges are irresponsible and unethical. The question is will the trial judge throw the book at Corey or at Zimmerman? If he values his life, he will just let the injustice ride. If the judge is reasonable and brave, he or she will toss the indictment out with the evening trash. This is garbage.
If there is a conviction you can bet your bottom dollar that Dershowitz will handle the appeal. He likes to win. Winning raises his fee on hard cases. This one will be a walk in the park.
First I ever heard of the guy, but apparently Morton D respected his opinions, so I watched. Dershowitz pulls out a gem from the dung pile once in a while.
perhaps she overcharged because losing would be justice
She gets to claim a murder charge
She gets to have a trial
he gets to be acquitted
time gets to pass
He’s obviously going to have to move to another part of the country and change identity.
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