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Did politics drive prosecution in Trayvon Martin case?
CNN ^ | June 19, 2012 | Mark NeJame, esquire

Posted on 06/19/2012 10:23:25 AM PDT by 2ndDivisionVet

Harvard Law School professor Alan Dershowitz recently claimed that Special Prosecutor Angela Corey, who charged George Zimmerman in the shooting death of 17-year-old Trayvon Martin, threatened to sue Dershowitz for libel and slander and to have him disbarred.

According to Dershowitz, Corey went into a tirade against him after he strongly criticized her. He said Corey was being unethical for not disclosing material facts to the court in the probable cause affidavit she had filed against Zimmerman and had erred by bringing a second-degree murder charge against him, when the evidence didn't support such a charge.

In an article, Dershowitz maintained that Corey called Harvard's law school dean and was transferred to a communications office staff member.

According to this account, she went into a "40-minute rant" about how she could sue Harvard for his comments. She apparently was reminded that Dershowitz had a right to his opinion and that his comments were a matter of academic freedom. I hope that she was also sent a copy of the First Amendment to the U.S. Constitution.

Dershowitz claims that Corey was required to include in her probable cause affidavit any information that would tend to exculpate Zimmerman of the charges against him. He's incorrect, unfortunately....

(Excerpt) Read more at cnn.com ...


TOPICS: Conspiracy; Government; Politics
KEYWORDS: georgezimmerman; trayvon; trayvonmartin; zimmerman
Iff CNN is saying it, the jig must be up.
1 posted on 06/19/2012 10:23:32 AM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

Does a bear......?


2 posted on 06/19/2012 10:28:07 AM PDT by beethovenfan (If Islam is the solution, the "problem" must be freedom.)
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To: 2ndDivisionVet

CNN has figured out that Angela Corey might offer another avenue to attack Gov Rick Scott.


3 posted on 06/19/2012 10:28:07 AM PDT by skeeter
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To: 2ndDivisionVet

All I have to say is ‘Mike Nifong’.


4 posted on 06/19/2012 10:30:24 AM PDT by MeganC (No way in Hell am I voting for Mitt Romney. Not now, not ever. Deal with it.)
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Comment #5 Removed by Moderator

Comment #6 Removed by Moderator

To: 2ndDivisionVet

7 posted on 06/19/2012 10:36:27 AM PDT by gaijin
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To: gaijin

Photoshop’s ‘Honkyfier Filter’.. Who knew. LOL!


8 posted on 06/19/2012 10:38:04 AM PDT by GeorgeWashingtonsGhost
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To: skeeter
Corey and Scott espouse similar political philosophies. They are NRA-supporting, far-right self-described conservatives.

"far-right"? Ever notice that anyone who is not a member of the Democrat or Socialist Parties is "far-right"?

There is a fair amount of BS lurking between the lines in this opinion piece.

9 posted on 06/19/2012 10:47:21 AM PDT by ChildOfThe60s (If you can remember the 60s....you weren't really there)
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To: beethovenfan
Does a bear......?

Gonna be a lot of those pics on this thread and maybe a few Homer Simpsons.

Doh!

10 posted on 06/19/2012 10:51:30 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: 2ndDivisionVet

—Iff CNN is saying it, the jig must be up.—

Shoulda been up about a month ago, when I finally jumped off the fence to Zimmerman’s side. And it only took that long because I was being extra cautious.

Even Martin’s friend that was on the phone with him supports Zimmerman’s version.


11 posted on 06/19/2012 10:52:12 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: ChildOfThe60s

LOL and I only read the headlines - the left wing media is so predictable.


12 posted on 06/19/2012 10:52:27 AM PDT by skeeter
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To: ChildOfThe60s

I don’t know what Angela Corey’s alleged political views are but she’s a fame-seeking psycho-beotch.


13 posted on 06/19/2012 10:55:00 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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Comment #14 Removed by Moderator

To: 2ndDivisionVet
If the facts disclose that the court was intentionally misled by the way information was presented to it, that is a cause for grave concern and reconsideration.

This judge just rubber-stamped the indictment. I doubt he even read it. A grand jury would have tossed it.

However, offering a bare-bones affidavit is relatively common and so long as the language is truthful, done in good faith and doesn't intentionally mislead the court, then the prosecutor is not obligated to provide evidence that might be exculpatory to a defendant in an affidavit.

The same privilege extends to a witness like Shelly Zimmerman. But when she does it they charge her with perjury.

That said, the affidavit Corey filed in the Zimmerman case is about as minimal as I've seen in more than 30 years of practice as a criminal defense attorney.

She had no evidence than and has none now. All her office is doing now is trying to somehow morph the charge of perjury against SZ into a guilty plea from GZ.

15 posted on 06/19/2012 10:58:00 AM PDT by Uncle Chip
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Comment #16 Removed by Moderator

To: 2ndDivisionVet

In before the Trayvon trolls!


17 posted on 06/19/2012 11:08:46 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: treetopsandroofs

The Skittle-Dee-Dees?


18 posted on 06/19/2012 11:17:08 AM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: 2ndDivisionVet
Did politics drive prosecution in Trayvon Martin case?
Yes. Politics is the only motivation in this case.
19 posted on 06/19/2012 11:17:08 AM PDT by samtheman (If we want Obamugabe out, we must vote him out.)
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To: gaijin

I just now noticed that while they lightened the whole photo to make Z look WHITE, they darkened and widened the shadows on either side of his neck to appear to slim his neck down.

Amazing propagandists.


20 posted on 06/19/2012 11:22:00 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: treetopsandroofs

This whole thing is like the “missile fired off the CA coast” back in December of 2010. I was one of those at first that thought it was a missile launch, but as the evidence came out and was scrutinized, it became more and more clear that it was an aircraft contrail, although a relatively rare kind, hence the mis-identification.

But some even here on Freerepublic refused to change their mind. It was funny at first but then became sad. Some just absolutely MUST be right and pick the wrong battles to defent it.

This Zimmerman case is doing that on the liberal sites I frequent. Many of the liberals are coming around, but some of them simply refuse to acknowledge any evidence that does not support Zimmerman hunting down and killing Martin in cold blood. It was comical at first, but now it’s just kinda sad.


21 posted on 06/19/2012 11:28:35 AM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: gaijin

You may notice that they shopped out his right ear, by accident.

And, although his complexion got lighter, his hair got darker., and less of his scalp is visible through his hair.


22 posted on 06/19/2012 11:34:25 AM PDT by lacrew (Mr. Soetoro, we regret to inform you that your race card is over the credit limit.)
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To: 2ndDivisionVet

“Did politics drive prosecution ...?”

Politics? Maybe it was just “Feelings, Oh Oh Oh Feelings ...”


23 posted on 06/19/2012 11:34:30 AM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: 2ndDivisionVet

I hope everyone actually reads the article. NeJame first gives Corey a smidgen of back-handed support by saying that Florida prosecutors actually don’t have any obligation to tell the whole truth in charge affadavits. The rest is a shin-kicking smack-down. Does the presense of this on CNN’s website signal some sort of retreat on the Z case, or is any chance to attack a Republican just irresistable?


24 posted on 06/19/2012 12:00:45 PM PDT by Chewbarkah
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To: 2ndDivisionVet

Politics? Like, uh, duuuuuh!


25 posted on 06/19/2012 12:28:16 PM PDT by bgill
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To: cuban leaf

This Zimmerman case is doing that on the liberal sites I frequent. Many of the liberals are coming around, but some of them simply refuse to acknowledge any evidence that does not support Zimmerman hunting down and killing Martin in cold blood. It was comical at first, but now it’s just kinda sad.


I would bet money that the liberals are are now sympathic to the reality are white and the ones who think Martin was a hunded down race victim are Black posters. Zealous Blacks are over-represented on liberal web sites on some subjects.


26 posted on 06/19/2012 2:14:58 PM PDT by SaraJohnson
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To: lacrew

They did something wierd with is ear ring in the whitey photoshop, too.


27 posted on 06/19/2012 2:16:34 PM PDT by SaraJohnson
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To: Chewbarkah
The way Florida criminal procedure works, the prosecutor has to "discuss" every element of the crime, as recited in the criminal statute, in the indictment/information, and any supporting affidavit.

There is no mention of self defense in Florida's murder statute, but there is mention of self defense in the manslaughter statute. If Corey had charged manslaughter, she would have had to "negative" Zimmerman's self defense claim. That difference between the murder and manslaughter statutes is, in part, why she didn't charge manslaughter.

28 posted on 06/19/2012 2:21:41 PM PDT by Cboldt
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To: Cboldt

The prosecutor’s office is backed up by the law and has been every step of the way.


29 posted on 06/19/2012 2:41:30 PM PDT by DallasSun (Courage~Fear that has said its prayers.)
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To: DallasSun
-- The prosecutor's office is backed up by the law and has been every step of the way. --

No, it hasn't. Plus, the facts get in the way. But, for the narrow point that Dershowitz mounts criticism, the contents of the arrest/charge affidavit being deficient for want of including exculpatory evidence, Dershowitz is wrong, and the prosecutor is in the right.

The state did not argue and the judge did not apply the correct legal basis for denial of bail. The Arthur and Paul (or Blair) cases set out the application of the Florida constitutional and statutory provisions that pertain to detention pending trial.

State v. Arthur, 390 So. 2d 717 (Fla. 1980)

Legal standard for absence of right to bail.

State v. Paul, 783 So. 2d 1042 (Fla. 2001)
State v. Blair, 39 So.3d 1190 (Fla. 2010)

Legal standard for justification of denial of bail.

There are other errors of law as well. I don't believe the affidavit makes a prima facie case for second degree murder.

30 posted on 06/19/2012 3:50:55 PM PDT by Cboldt
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To: Cboldt

I do ...but it is neither here nor there what you and I believe. That lies with law enforcement and the prosecutor’s office.


31 posted on 06/19/2012 3:59:19 PM PDT by DallasSun (Courage~Fear that has sa... prayers.)
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To: DallasSun
-- it is neither here nor there what you and I believe. --

I don't disagree with that. I was just stating my strenuous disagreement with your point of view in slightly more particular terms than "the law is on the prosecutor's side" and "That lies with law enforcement and the prosecutor's office."

IOW, I was defending my opinion with the relevant legal standards. I have no desire to engage in a discussion to attempt to dissuade you from your point of view, you're welcome to it.

32 posted on 06/19/2012 4:08:14 PM PDT by Cboldt
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To: Cboldt

And I thank you kindly. I know you believe in your opinion and I do respect that.


33 posted on 06/19/2012 4:14:28 PM PDT by DallasSun (Courage~Fear that has said its prayers.)
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To: Cboldt

Thanks for that info. That sounds devious enough, and smells of misconduct, but explains the overcharge, when nothing else really does. Is there ever an opportunity for the defense to question the prosecutor under oath about the charging process?


34 posted on 06/19/2012 4:54:20 PM PDT by Chewbarkah
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To: Chewbarkah
-- Is there ever an opportunity for the defense to question the prosecutor under oath about the charging process? --

The prosecutor makes certain assertions under oath, automatically. That it has particular evidence, that the evidence is has support the charge, as a matter of law, and that the prosecution is brought in good faith. You can read that boilerplate oath in the information/indictment and associated affidavit in support.

The defense can move for dismissal of the charge, if the evidence (not proven, just as asserted) is insufficient to make the case. The defense can also, and has, asked the prosecution to prepare a "statement of particulars," whereby the prosecution has to connect the pieces of evidence into a theory of the case, showing/asserting how the evidence establishes each element of the charge.

The prosecution's allegation of "depraved mind," an element of 2nd degree murder, is particularly weak - IMO, deficient as a matter of law.

If the judge finds that the evidence does not support the charge, the prosecution can bring an alternative charge. Conventional wisdom is that just dropping to manslaughter is "easy," but in light of the need to negative the self defense claim as part of the charging exercise, I don't think the downshift would be easy for the prosecution.

35 posted on 06/19/2012 5:19:03 PM PDT by Cboldt
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To: SaraJohnson

I would bet money that the liberals are are now sympathic to the reality are white and the ones who think Martin was a hunded down race victim are Black posters. Zealous Blacks are over-represented on liberal web sites on some subjects.


Fascinating that you brought that up because I forgot about that little tidbit. The same thing crossed my mind about three weeks ago and I started calling them on it, admitting at the time I was going to be pegged a racist.

And you are right. They were. I believe every single one was, but I’m not positive.

Very perceptive. :-)


36 posted on 06/19/2012 7:37:18 PM PDT by cuban leaf (Were doomed! Details at eleven.)
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To: Cboldt

Thanks for your clear and helpful commentss.

Obviously, the criminal case will afford no such opportunity, but in a civil suit for wrongful prosecution, could the plaintiff examine the defendant/prosecutor under oath (specifically, about political pressure to charge, why no grand jury, and the idea you have put forth — whether he/she eschewed a manslaughter charge to avoid the self-defense evidence)? I am sure this is a fantasy. I can’t get beyond a naive fixation on truth and justice, making it hard to stay within the realities of “the law.”


37 posted on 06/20/2012 7:49:59 AM PDT by Chewbarkah
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To: Chewbarkah
I think Zimmerman's civil suit against Corey is doomed to fail, for want of finding "malice," although there may be Florida precedent that broadly defines "malice" as a prosecution brought for reasons other than the administration of justice.

"In order to prove a cause of action for malicious prosecution a plaintiff must prove six elements: '1) the commencement of a judicial proceeding; 2) its legal causation by the present defendant against the plaintiff; 3) its bona fide termination in favor of the plaintiff; 4) the absence of probable cause for the prosecution; 5) malice; [and] 6) damages'."

But, as far as eliciting testimony under oath, yes, he can do that.

38 posted on 06/20/2012 8:44:15 AM PDT by Cboldt
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To: Chewbarkah
Florida Law on Malicious Prosecution: Jacksonville Attorney (from Google cache)
39 posted on 06/20/2012 8:48:25 AM PDT by Cboldt
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To: 2ndDivisionVet
"The Florida Times-Union, identified a number of people who Corey lambasted when they questioned her tactics or motives. They include Sandy D'Alemberte, former president of Florida State University and the American Bar Association; David Utter from the Southern Poverty Law Center; Jeff Goldhagen, a professor and division chief of pediatrics at Shands Hospital; and the writer, Littlepage himself. Does her behavior suggest a person who listens to no one other than those who agree with her? Does her criticism of her critics bespeak one who has an agenda that may be greater than the public may see and hear at a news conference? Corey was appointed by Gov. Rick Scott to prosecute the case"

Gov. Scott proving to the public once again he's either incompetent or an idiot.

40 posted on 06/23/2012 4:33:45 AM PDT by KantianBurke (Where was the Tea Party when Dubya was spending like a drunken sailor?)
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To: gaijin
http://oi43.tinypic.com/2safpco.jpg

41 posted on 06/23/2012 4:48:36 AM PDT by wolficatZ ("We are no longer accepting comments on this article")
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