Posted on 04/13/2012 6:47:55 AM PDT by 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.
(Excerpt) Read more at articles.orlandosentinel.com ...
I say he gets convicted because as we all know there are two kinds of laws in this country: The set of laws of normal sane people and the set of laws of liberals where self defense is illegal unless you get killed first then just maybe you have a right to defend yourself after you’ve been killed but that all depends on the race of the assailant. Zimmerman is being tried under the laws of liberals and clearly he broke the law by not getting killed first before he acted in self defense which would still have been illegal because the assailant was black.
She would not only take political heat, but her life and the lives of her family members would be in danger from the racist lynch mob that Sharpton, Jackson, the Congressional Black Caucus, the Democrat Party, the New Black Panther Party, Barack Obama, Eric Holder, Martin's parents and the main stream media have been working up into a murderous frenzy, with their lies, distortions and hate speech.
It would be somewhat easier for a jury to acquit him, as they would be relatively anonymous.
If Judge Jessica Recksiedler does the right thing and dismisses the charges, she will prove herself to be one of the most courageous and just judges to ever wear a robe.
OUTSTANDING! You get it sir/ma’am.
“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”.
And this is exactly the argument the defense attorney should introduce.
“Ladies and Gentleman of the jury, my client, under Florida Statutory law, had every right to carry a firearm, was carrying it in accordance with law, and because of the vicious assault by the decedant Trayvon Martin, my client was losing consciousness. My client was very congnizant that if he lost consciousness, he was armed with a firearm and would be at the COMPLETE MERCY OF HIS ASSAILANT. He had no choice but to save his own life. Yes, he shot Trayvon Martin, not to take his life, but to stop Trayvons violent and FELONIOUS assault against him. Remember, he only fired once, and had the opportunity to fire multiple times, which would have almost certainly ensured the death of Martin, but he only fired ONCE. Martin died as a tragic, but unintended result of being shot ONCE and as a result of my client trying to save his own life.”
The racial angle is a mask for an attack on Stand Your Ground and self-defense everywhere.
A second Obama term will mean a liberal majority on the Supreme Court. They will revisit the Second Amendment rulings and restrict your rights to inside your home.
I would not be surprised if they use the Martin or some other case to test self-defense as a right, because without self-defense, the Second Amendment is empty.
It's something Zimmerman's daddy said Georgie told him. And that after he shot Trayvon, the lad clutched his chest and said, "Ya got me!".
If you believe that, I have a bridge to sell you.
Likewise, there can be no CIVIL LITIGATION LOTTO for the Martins, if Self-Defense is rightly found, either. The irony would be that the thug yewt is gone, and the "family" can't cash in on his removal.
Just to correct one detail: he didn’t go through 911. He had a number that took him directly to a police dispatcher.
“When Al and Jesse pull their shtick....
There is no way we can acquit!!”
Yet, not one word was uttered about Zimmerman's "datniggytb" MySpace account.
Why?
Excellent argument.But you've gotta know that an "OJ II" jury won't hear a word of it,just as surely as the original OJ jury didn't hear one word of the DNA evidence.
Interesting tidbit.IMO this is indicative of a guy who took his job seriously and wasn't out to administer any kind of "vigilante justice".
I don’t want to impugn her honesty, but you could infer from the news (I know, very unreliable in this case) that Benjamin Crump, the Martin family lawyer, spent hours with that girl before law enforcement ever interviewed her. Zimmerman’s lawyers are unlikely to have talked to her at all at this point.
Which would of course be a failure on the part of law enforcement. From news reports, (reliability issue again), the police did not use Trayvon Martin’s cell phone to identify him early on, and did not check his calling history during the time in question.
What if Zimmerman (hypothetical, I know) is replaced by a plain-clothes POLICE OFFICER in the same situation?
Are there any instances of a police officer NOT shooting a person who is in the process of beating the police officer to death?
In fact, most police never allow a confrontation to get that far, they SHOOT first. They stand their ground.
The evidentiary standard is clear and convincing (eg 90% sure) vs beyond a reasonable doubt (eg 99% sure).
Given the political nature of the case its highly unlikely the judge will grant the motion.
I agree with all you said. Furthermore...if it was Tryvon screaming likw hia mother said, why did his father say it was not Trayvon on the tape?...why is it that Zimmerman had all the bruises and gashes on him? Why is it the witness saw Trayvon on top of Zimmerman early in the incident? I heard Judge Jeanine say on Fox today he spoke racial slurs on the 911 recording. THAT IS UNTRUE. I went to the City of Sanford and listened to every 911 call. Zimmermans and the witnesses. They pulled the calls from their website but I never heard one racial slur from Zimmerman.
“And that show trial, if it results in anything but acquittal sets a hugely dangerous precedent.
Anyone of us could be George Zimmerman.”
Trayvon Martin is the new Horst Wessel-Ernst vom Rath construct. ‘Kristallnacht’ is probably already planned and budgeted.
The case they compare it to that was rejected as SYG is a bogus comparison. These 2 drunk idiots were being thrown out of a bar by the bouncer and one of them stabbed him! That is totally apples to oranges with Z.
I PRAY O’Mara presents Z’s case and the judge sees it clearly as SYG which it is IMVHO.
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