George Zimmerman: Self-defense hearing could dismiss death charge(FL)

orlandosentinel.com ^ | 11 April, 2012 | Henry Pierson Curtis

[marktwain]

George Zimmerman can ask to have the second-degree-murder charge against him dropped without having to stand trial in the death of Trayvon Martin.

Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.

The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show.

The state's "stand your ground" law passed in 2005 says:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

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Berman said he thinks Mark O'Mara, Zimmerman's lawyer, will request an evidentiary hearing as part of his defense of Zimmerman's "stand your ground" claim.

[marktwain]

I would suspect a pre-trial hearing as well. Given what we know about the case, I would ordinarily expect the charges to be dismissed, absent new evidence.

But, given the political nature of this case, I expect a show trial.

[Sherman Logan]

The reporting on this law has been atrocious. It merely adds another aspect to the basic law on self-defense. It does not change any of the exclusions under which self-defense cannot be claimed, notably while in the commission of a felony.

All it does is remove the duty to retreat. Which personally I think may not be entirely a good thing.

The SYG law quite probably has no application in the Zimmerman case, but this case will be used to demonize the law. Count on it.

[Mr Ramsbotham]

I’m getting the impression that this affair is a hot potato that’s being juggled around from one agency to the next in an effort to avoid responsibility for the riots.

[circlecity]

If nothingi else a “self defense” hearing would be an excellent discovery devise and an chance to cross examine the girlfriend who seems to be the prosecution’s entire case.

[TheConservativeParty]

I started the day with a prayer for George.
I am sure millions of Americans are praying for him with me.
I believe he defended himself before T could render him unconscious by beating his head on the concrete, and just before T could grab his gun and shoot George.

[Friendofgeorge]

We saw the Florida Supremes in action in 2000, I think we all know how they will rule, bunch of losers for the most part.

The sad part is what Jose Biaz(sp) said this morning on CNN, this case will be won or lost at jury selection.

He went on to fully agree with Alan Dershowitz(sp)

[no dems]

Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.

Damn! Florida and Texas; you gotta love those two States.

[blackdog]

Can you imagine the scheduling and caseload excuses Florida judges are coming up with to dodge this toxic event?

[Gay State Conservative]

There are two entities at play here...the State of Florida and the Feds.Florida,I'll wager,is proceeding with prosecution in order to avoid Rodney King II.If that's correct then,regardless of what the law may say or intend,a trial will take place.A dismissal in a preliminary hearing will very probably bring about riots...perhaps nationwide (coordinated,of course,by Osama Obama Victory 2012 Headquarters).

The Feds will prosecute simply because it's good politics and Osama & Friends have come to enjoy life in DC.

[P-Marlowe]

Here’s the bottom line. Zimmerman was carrying a gun legally. He had not used it until he was laying on the ground with a broken nose and his head being beaten on the concrete.

Anyone with any brains left would have to assume that if he lost consciousness, then the guy who was beating his head against the concrete would be more than happy to finish him off with the gun after he lost consciousness. There is also evidence that Mr. Martin had told Zimmerman that he was going to “die tonight”.

Is there anyone on free republic who would not have used their gun to protect themselves in this situation?

[massgopguy]

Heard the 911 call again on the way to work. Zimmerman clearly stopped following Martin. He didn’t want to say his address because he didn’t know where Martin was and might hear where he lives. At that point Martin became the hunter.

[backwoods-engineer]

The SYG law quite probably has no application in the Zimmerman case, but this case will be used to demonize the law. Count on it.

Which is the reason self-defense advocates NEED for the SYG law to be front and center in this case. We need to hold the Left's advance HERE; here and no farther. A line in the sand. We need to "stand our ground" as it were, on the SYG law.

Because if SYG falls, self-defense is next.

[no dems]

We saw the Florida Supremes in action in 2000, I think we all know how they will rule, bunch of losers for the most part.
_______________________________________________________________________________________________________________________________________________

They already ruled in 2010. Read the Article.

[Gay State Conservative]

If nothing else a “self defense” hearing would be an excellent discovery devise and an chance to cross examine the girlfriend who seems to be the prosecution’s entire case.

Is there *any* doubt that the girlfriend will lie her a$$ off in order to make the kid look like a fawn in a golden meadow and Zimmerman look like a hunter packing an M-60?

[Molon Labbie]

And that show trial, if it results in anything but acquittal sets a hugely dangerous precedent.

Anyone of us could be George Zimmerman.

I don’t want anyone to ever question whether they should live or die while they are getting their head smashed on concrete and they have the means to resist.

The answer is self obvious and has nothing to do with any Stand Your Ground laws. The Right to Self Defense has been with us since time immemorium.

[Gay State Conservative]

There is also evidence that Mr. Martin had told Zimmerman that he was going to “die tonight”.

Never heard this...where's it from?

[bcsco]

I’m getting the impression that this affair is a hot potato that’s being juggled around from one agency to the next in an effort to avoid responsibility for the riots.

[circlecity]

"Is there *any* doubt that the girlfriend will lie her a$$ off in order to make the kid look like a fawn in a golden meadow and Zimmerman look like a hunter packing an M-60?"

Which is exactly why you want to cross examine her long before trial. This way she can be "locked in" on her story over every conceivable detail. If she lying then a little bit of subsequent investigation will enable her to be destroyed on the witness stand come time for trial.

[UCANSEE2]

In other news (that the MSM really doesn’t want you to know about)

Trevor Dooley’s lawyers seek dismissal in Tampa ‘stand your ground’ case(FL)

http://www.freerepublic.com/focus/f-news/2871590/posts

Seems the ‘shoe is on the other foot’, in that case.

[UCANSEE2]

Here’s a case where a ‘guy’ did exactly that. In FLORIDA.

AND... guess his ethnic origin.

Trevor Dooley’s lawyers seek dismissal in Tampa ‘stand your ground’ case(FL)

http://www.freerepublic.com/focus/f-news/2871590/posts