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 ...
This is just another example of bias against obama.
Unlike Pontius Pilate he will be denied the opportunity to “wash his hands”, and let our generation see another Jew die for our sins.
I’d believe Mr. Zimmerman before I’d believe anything you have to say. After all, you are in Wonderland.
Prayers that it does not happen. Most Americans have no idea what Kristallnacht was either...can’t have that being taught in school; that would interfere with “how to get your check 101”.
>>>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?...<<<
Also, if she heard her son screaming for his life on the tapes, why did she say yesterday that the shooting was “an accident”.
At first I thought her “accident” comment would be irrelevant in court, but now that I see that the prosecution is using her as a key “witness”, that comment and her later retraction could undermine her credibility, as does the fact that she has been seeking to cash in on her son’s death by trademarking “Justice for Trayvon” and “I am Trayvon Martin”.
While on the subject of the screams on the 911 tapes, I find it curious that the prosecution cited the mother’s claim that it was Martin for a couple of reasons.
1) I had not previously heard that she identified the screams as TM’s. My guess is that the special prosecutor very recently had her listen to the tapes (after TM’s father said the screams were NOT Trayvon’s) and that she was either coached into claiming it was TM or knew that the claim would help her case.
2) Could they really find no expert in voice analysis to testify that the screams were Trayvon’s and not Zimmerman’s? The lack of such expert testimony makes me about 99.9% sure that the screams were clearly Zimmerman’s and that this will be proven.
It is not difficult to dig up a paid “expert” witness to testify to just about anything, unless they know such testimony could be conclusively proven false, putting the “expert” in danger of perjury charges.
That was my understanding too.
But according to Fox News, Zim's new lawyer does intend to invoke the "stand your ground" in order to qualify the case for the pre-trial dismissal opportunity.
I don't know if Fox got that right, or if I understood it correctly.
Even if this information is correct, I still wouldn't expect a judge to have the courage to dismiss it.
How could Zimmerman retreat with a 6’3” Trayvon according to witnesses beating him up on top of him with the cement to his back? Self defense all the way IMO.
Especially since we know Trayvon went running away and came back to attack himself.
You nailed it.
The only solution is to make sure Zimmerman is convicted and goes to jail and so the politicians will make sure that happens.
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Yep, we do know that Martin ran but there has been absolutely no testimony or evidense that he came back and attacked.
If you have proof of your statement of what you "know", please provide it.
why is it so hard for you to believe that if a guy is bashing his brains in he wouldn’t also say ‘you’re going to die tonight?’
You are WAY too transaparent ‘Alice in the hood’.
I heard that too this AM and it ROYALLY pissed me off.
She is pathetic, honest to God.
I emailed Fox & Friends when she said it and called her the liar she is.
You won't find an honest one that could claim either way. They need more than a screech heard from a distance through an iffy cell phone microphone to have any level of confidence, plus a number of samples of similar "speech" from both parties.
We know he ran off and wasn’t with Zimmerman since the 911 cal didn’t feature Trayvon in the background.
Later Trayvon seemed to teleport himself on top of Zimmerman according to witnesses where he was starting to beat him to death.
He was referring to the FL Supreme court ability and action during the 2000 Presidential election.
outstanding~
Even if you can come up with a news storythat mentions this account the fact that phony “social” accounts are so easy to manufacture would make it hard to prove that it is really Zimmerman's account.
Of course if you can't come up with a reliable source that may prove that you are a venom spewer too. Or perhaps you just failed to put a necessary /sarc tag on your post. Until you fail to come up with something real to support your post I will assume the latter.
If Zimmerman is telling the truth, he had no chance to retreat—Martin came up and attacked him.
I have a question about the girlfriend.
Why didn’t she call anyone when the phone went dead?
She’s talking to Trayvon, he says a guy is following him, she hears the beginnings of a confrontation, the phone goes dead, and....well thats it.
Tracy Martin was completely in the dark, the next day, when he discovered Trayvon was missing. So the girlfriend obviously didn’t call him, or the cousin, or Trayvon’s mom...nobody. The phone went dead, and she never heard from him again...and just continued on with her day?
This is why I doubt the veracity of her statements so far. They don’t logically fit with her complete inaction, after the phone call. I’m sure this will all get sorted out in court.
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