Posted on 04/14/2012 6:54:38 PM PDT by 2ndDivisionVet
The prosecutor isn't stupid. The prosecutor presents a one sided case to the court to get an indictment. Not a very high threshold. All levels of Gov't violate Constitutional rights when it suits their agenda. The whole judicial system is corrupt because of politicians. Gov't courts have become a RICO enterprise.
I don’t know that much about how the law will handle this. But if this analysis is sound on what needs to be in the affadavit, then it certainly is deficient.
As I understand it, she also made a mistake about the exact wording of what Zimmerman said on the tape, according to something I read here a day or two ago.
Seems to me that this gives quite a bit for a good defense attorney to work with.
Outstanding write up. Thanks for your insight. I agree with your assessment and would think an honest judge with integrity would throw this case out.
Question for lawyers out there...was zimmerman taken in handcuffs to the station on the night of the shooting? If so was he “arrested” at that time?
Here’s my own theory of the case.
The prosecution team doesn’t have any evidence of a crime by Zimmerman.
One reason this document was such a piece of garbage may be that all of the competent lawyers in the state attorney’s office are finding themselves “too busy” on other matters to review the charging documents in the Zimmerman case because they can see this case is a dog and a career-ruiner.
I’ll be shocked if we see Angela Corey personally prosecuting this case in court.
By the time this gets to a trial portion we’ll see the state attorney pushing a summer clerk out in front of the cameras while the rest of the prosecution team hides behind the bushes.
I’d bet the only evidence they’ve got is the girlfriend on the cellphone.
They’re going to have to “massage” her testimony in order to say she “heard” Zimmerman physically attack Martin thereby initiating the “struggle” in order to contradict Zimmerman’s version that Martin physically attacked him first.
Here’s how it will play out. Nothing will happen until after the election. Zimmerman doesn’t want it to, because he doesn’t want Obama and Holder and race hustlers out there poisoning the public mind against him. And no one with any sense in the state attorney’s office wants it to, because this is a career-ruiner of a case with no evidence.
After the election there will be a lengthy preliminary trial at which all of the evidence will be presented, including cross-examined witness testimony and all of the physical evidence.
The state’s lack of any evidence to support its side and numerous pieces of evidence to support Zimmerman’s side will convince the judge by a preponderance of the evidence that Zimmerman was justified by self-defense.
The drawn-out public nature of it will convince the public, similar to the Duke lacrosse case and the OJ case, that Zimmerman was justified but the vast majority of the black population will never believe that.
Can Zimmerman survive in jail until after the election? One option the authorities have is to look the other way when Zimmerman is in the company of other prisoners. If another prisoner takes care of Zimmerman, the race baiters will be delighted and the politicians will be off the hook. I’m not sure it is really in Zimmerman’s best interest to delay the trial.
I expect he’ll be bonded out at some point, but not immediately. Right now jail is the safest place for him as long as he’s segregated.
Before they bond him out they need to find a place safe for him to stay but where his legal team can have reasonable access to him.
IANAL, but the answers are yes and no.
Question for lawyers out there...was zimmerman taken in handcuffs to the station on the night of the shooting? If so was he “arrested” at that time?
IANAL, but the answers are yes and no.
If he was taken to the station in handcuffs than he
WAS arrested.....they can call it whatever they like
but if you are hauled into the police department in
handcuffs you have been arrested. Just because the
system likes to pervert English and call it “detained”
or “protective custody” means squat. If you are placed
in handcuffs by LEO and cannot come and go as you
wish when you wish you have been arrested. We need
to fight back against this BS of using empty words as
justification for abusing citizens rights.
“Nothing will happen until after the election. Zimmerman doesn’t want it to, because he doesn’t want Obama and Holder and race hustlers out there poisoning the public mind against him.”
Except if...
Zimmerman decides to take one for the team. Though he supposedly be a registered Dem, perhaps he’s irked enough, and wants to see all those in the Trayvon camp take a beating, including O.
There’s no way this trial benefits racist Obama.
The first phase of the process will be a trial just before the judge on the self-defense.
Zimmerman’s counsel will want to ensure that he has as fair a trial as possible and will not want to put the judge in the position of having to make his ruling in the middle of an intensely-charged political atmosphere.
Correct. If your wife handcuffs you to the bedpost then she has "arrested" you.
All Zimmerman has to do is to prove he doesn't have a depraved mind and wasn't thinking any politically-incorrect thoughts on that evening. He is in the position of having to prove his innocence.
Having a trial may gain him some additional months of life--if he is acquitted someone will kill him to collect the bounty, and if he is convicted he'll be killed by another prisoner.
Well, you never know. But I suspect he would be killed in prison pretty quick if he gets convicted of this crime. I bet he knows that.
I'm not a lawyer, but according to Florida statutes taking someone away from the scene in custody constitutes an arrest. There are officer's statements and videotape showing that's what happened.
The Florida law is called "Stop and Frisk" and it is meant to be compliant with the US Supreme Court's "Terry Stop" ruling.
You’re right but the police can handcuff someone at the scene briefly, frisk them, and ask certain questions. IIRC, Zimmerman was arrested and questioned for five hours that night before they let him go. His legal status of being arrested, and whether the police advised him that he was arrested could affect the admissibility of anything he said.
But Martin looked like he could have been Obama's son!
RAAAACIST!
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