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Prosecutor's statement and charge statement
Office of the State Attorney ^ | 11 April, 2012 | State Attorney's Office,4th Jud. Circuit

Posted on 04/11/2012 7:07:12 PM PDT by NelsTandberg

The Florida State Attorney's Office has PDF files available with Angela Corey's prepared statement and the Issue Capias charging Zimmerman with one count of second degree murder.

"COUNT I: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, on February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, kill TRA YVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Sections 782.04(2), 775.087(1) and 775.087(2), Florida Statutes."

http://www.sao4th.com/press_releases.php?view=true&goto=812&name=Speech-Regarding-George-Zimmerman-by-Angela-Corey

http://www.sao4th.com/press_releases.php?view=true&goto=810&name=George-Zimmerman--Issue-Cap

(Excerpt) Read more at sao4th.com ...


TOPICS: Government; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: florida; standyourground; trayvonmartin; zimmerman; zimmermancharged
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1 posted on 04/11/2012 7:07:21 PM PDT by NelsTandberg
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To: NelsTandberg

Anybody know if they ever reported autopsy results? Looking for GSR and tox.


2 posted on 04/11/2012 7:09:19 PM PDT by VeniVidiVici (The Democrat Ku Klux Klan is alive and well as the New Black Panthers, CBC and the NAACP)
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To: NelsTandberg

they are saying george had a depraved mind to issue 2nd degree.


3 posted on 04/11/2012 7:12:25 PM PDT by biggredd1
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To: VeniVidiVici

On Martin or on Breitbart?


4 posted on 04/11/2012 7:12:42 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto.)
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To: NelsTandberg

Corey the coward kicks the can down the road..


5 posted on 04/11/2012 7:13:44 PM PDT by FedsRStealingOurCountryFromUs
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To: NelsTandberg
"782.04(2), 775.087(1) and 775.087(2), Florida Statutes"

Anybody got to relevant texts?

6 posted on 04/11/2012 7:15:05 PM PDT by Paladin2
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To: NelsTandberg
Folks have noted that Stand Your Ground doesn't seem to apply when you've got a guy sitting on you and pounding your head into the pavement.

However, Florida's version of SYG has an interesting twist: It grants Zimmerman a try at getting the whole thing thrown out before it can get started. Blogs law professor Adam Winkler:

Traditionally, one claiming self-defense would have the opportunity to raise that defense at trial before a jury. In Florida, however, the Stand Your Ground law gives defendants like Zimmerman the right to a pre-trial hearing to challenge his indictment. At this special pre-trial hearing, which will occur long before any jury trial, Zimmerman will have the opportunity to present evidence to a judge showing he acted in self-defense. If he can show that he was acting in self-defense by a "preponderance of the evidence" -- legalese for "it's more likely than not" -- then the charges against him will be dropped and he'll never face a jury. That burden of proof is not very demanding and requires a showing far less demanding than the "beyond a reasonable doubt" test used in criminal trials ordinarily.

Let's hope he has a fair judge, who doesn't give a damn what the American sheeple think!

7 posted on 04/11/2012 7:15:57 PM PDT by cynwoody
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To: NelsTandberg

The woman I saw on TV looked like a female Nifong.

She needs for someone to kick her hard in the ass and keep kicking.


8 posted on 04/11/2012 7:16:47 PM PDT by yarddog
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To: NelsTandberg
Since the Black Panthers got involved with this case, it would only be fair that Zimmermann got to seat some KKK members on the jury.
9 posted on 04/11/2012 7:16:47 PM PDT by tobyhill (Fight Fire With Fire)
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To: FedsRStealingOurCountryFromUs

Cory is the one who is depraved, in the 1st degree.


10 posted on 04/11/2012 7:17:31 PM PDT by Paladin2
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To: NelsTandberg

“depraved mind” needed...
http://www.miamiherald.com/2012/04/11/2743404/second-degree-murder-charge-may.html


11 posted on 04/11/2012 7:18:34 PM PDT by biggredd1
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To: little jeremiah; maggief; Cboldt; rolling_stone

Been thinking about this. Corey had no other way to get evidence, witness statement and forensic in front of the public except to charge him. Overcharged? IMO, yes.

A lawyer after the C Anthony case explained that the prosecutor lost that case not because of anything in the trial, but in the charge. Jury could not down grade to a lessor. How does the Fl legal process work? Is it too set up for Zimmerman to win?


12 posted on 04/11/2012 7:18:46 PM PDT by hoosiermama
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To: NelsTandberg
"Depraved mind." She's charging him with a Florida Statutes 782.04(2) Second Degree Murder, what some states call 'depraved indifference.' It's not the 782.04(3) that some people are trying to pin on 'aggravated stalking' (which doesn't apply to Zimmerman, because there was never a restraining order, etc.).

My guess is that she's going to say he was obsessed with intruders, as evidenced by all of his calls, and his statement about how all of these guys 'get away,' when Martin was running away. She'll try to play that into Zimmerman being indifferent to Martin's safety because he was so obsessed - and that he somehow wasn't justified taking a gun with him simply because a lot of property crimes had occurred.

just my guess as to where she's going.

13 posted on 04/11/2012 7:19:56 PM PDT by Scoutmaster (You knew the job was dangerous when you took it)
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To: cynwoody; maggief; Cboldt; little jeremiah

Check out cynwoody’s post. May not even go to trial.


14 posted on 04/11/2012 7:22:29 PM PDT by hoosiermama
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To: Scoutmaster

“obsessed by intruders”? that was his volunteer job, to be watchful for the neighborhood.


15 posted on 04/11/2012 7:28:15 PM PDT by biggredd1
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To: NelsTandberg
"COUNT I: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, on February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, kill TRA YVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Sections 782.04(2), 775.087(1) and 775.087(2), Florida Statutes."

I would love to see my Junior High School grammar teacher "diagram" this sentence. Apparently there is some rule that they can't utilize separate sentences. The charge must be constructed as one long ass sentence. LOL.

16 posted on 04/11/2012 7:33:17 PM PDT by plain talk
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To: Scoutmaster

I don’t understand how Corey can overcome her burden if Zimmerman lost Martin, and then Martin initiated the confrontation as the evidence seems to indicate.


17 posted on 04/11/2012 7:33:19 PM PDT by trappedincanuckistan (livefreeordietryin)
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To: biggredd1

I sincerely hope Corey has some gamechanging evidence not yet seen publicly and did not charge based on public pressure.


18 posted on 04/11/2012 7:34:05 PM PDT by umgud (No Rats, No Rino's)
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To: hoosiermama

Again, you are wrong per Casey Anthony. There were lesser charges added including 2nd degree murder, aggravated manslaughter, and aggravated child abuse.


19 posted on 04/11/2012 7:34:39 PM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: hoosiermama

Naw Z is crewed. The prosecutor met with the kid’s parents and prayed with him, this case has gone political to the point Z will not get a fair trial.


20 posted on 04/11/2012 7:35:41 PM PDT by Americanexpat (Everytime I see that guy's face ot)
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To: Scoutmaster

That was his job or duty though as watchman. All those calls were scattered over what? Tem or eleven years?
It wasn’t THAT many. And he never chased or shot at anyone before did he? He’s trained in security as well. idk..sounds like a far fetched charge to me.


21 posted on 04/11/2012 7:36:56 PM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: hoosiermama

I heard a commentator on CNN claim that the jury would be able to consider lesser charges if the prosecution does not make it’s case on murder 2.


22 posted on 04/11/2012 7:37:32 PM PDT by trappedincanuckistan (livefreeordietryin)
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To: snarkytart

ten*


23 posted on 04/11/2012 7:38:36 PM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: tobyhill
Since the Black Panthers got involved with this case, it would only be fair that Zimmermann got to seat some KKK members on the jury.

Zimmerman ain't white. He ain't got enough white in him to get any sympathy from the KKK.

24 posted on 04/11/2012 7:42:18 PM PDT by P-Marlowe
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To: umgud

absolutely it was “pressure”. The doj was down there hanging out.


25 posted on 04/11/2012 7:42:46 PM PDT by biggredd1
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To: trappedincanuckistan

Maybe she’s counting on the jury being too scared to acquit. I hope not, but...


26 posted on 04/11/2012 7:45:29 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: trappedincanuckistan

if the special prosecuter has such a great case why does she need in her words “the best legal team”. Getting Zimmerman charged will play out well for Martin’s parents by adding gravitas to their ensuing civil suit, which is probably why they have a lawyer sitting with them at the sharpton Press conference.


27 posted on 04/11/2012 7:51:13 PM PDT by inchworm
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To: trappedincanuckistan

if the special prosecuter has such a great case why does she need in her words “the best legal team”. Getting Zimmerman charged will play out well for Martin’s parents by adding gravitas to their ensuing civil suit, which is probably why they have a lawyer sitting with them at the sharpton Press conference.


28 posted on 04/11/2012 7:51:13 PM PDT by inchworm
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To: NelsTandberg

My Grandfather killed a man around the turn of the century in Florida. He was innocent but far more active in killing the guy who first fired 5 shots at him than Zimmerman was.

Grandpa was convicted of manslaughter with a recommendation of mercy and the judge gave him 20 years. Fortunately the Governor gave him a full pardon because an injustice had been done.

I would hope Governor Scott would do the same thing for Zimmerman if he is wrongly convicted.


29 posted on 04/11/2012 7:54:17 PM PDT by yarddog
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To: NelsTandberg

My Grandfather killed a man around the turn of the century in Florida. He was innocent but far more active in killing the guy who first fired 5 shots at him than Zimmerman was.

Grandpa was convicted of manslaughter with a recommendation of mercy and the judge gave him 20 years. Fortunately the Governor gave him a full pardon because an injustice had been done.

I would hope Governor Scott would do the same thing for Zimmerman if he is wrongly convicted.


30 posted on 04/11/2012 7:54:44 PM PDT by yarddog
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To: hoosiermama

Thank you. Gives me a little hope.


31 posted on 04/11/2012 7:55:23 PM PDT by little jeremiah (We will have to go through hell to get out of hell. Signed, a fanatic)
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To: inchworm

who has the depraved mind, george z or the guy with the gold teeth, big tats, vile tweets, suspensions from school, female jewelry and a screwdriver, being in an off limits area, marijuana use, telling zimmerman he was going to die, etc etc


32 posted on 04/11/2012 7:58:14 PM PDT by biggredd1
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To: NelsTandberg
It is a sad day when you have to go to Court to “prove” your innocence.

However, Zim might be better off, with a Court case behind him.

And, what are the chances that a few 17 year olds, of any color, might shoot and kill a few people between now and the trial date?

It is OUR JOB to make those homicides PUBLIC!

High School kids are often brutal.

In Chicago, a HS campus is the most dangerous place to be!

33 posted on 04/11/2012 7:59:40 PM PDT by Kansas58
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To: cynwoody

Any Attorney’s or Law people here who can confirm this possibility????????

Florida’s version of SYG has an interesting twist: It grants Zimmerman a try at getting the whole thing thrown out before it can get started. Blogs law professor Adam Winkler:

“Traditionally, one claiming self-defense would have the opportunity to raise that defense at trial before a jury. In Florida, however, the Stand Your Ground law gives defendants like Zimmerman the right to a pre-trial hearing to challenge his indictment. At this special pre-trial hearing, which will occur long before any jury trial, Zimmerman will have the opportunity to present evidence to a judge showing he acted in self-defense. If he can show that he was acting in self-defense by a “preponderance of the evidence” — legalese for “it’s more likely than not” — then the charges against him will be dropped and he’ll never face a jury. That burden of proof is not very demanding and requires a showing far less demanding than the “beyond a reasonable doubt” test used in criminal trials ordinarily.”


34 posted on 04/11/2012 8:04:29 PM PDT by caww
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To: Paladin2

Notice how she preened and preached on TV?


35 posted on 04/11/2012 8:06:12 PM PDT by pankot
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To: cynwoody

Have they determined if or not “Stand Your Ground” applies to the Zimmerman case? I understood there was some questions about this and might not apply...


36 posted on 04/11/2012 8:07:31 PM PDT by caww
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To: trappedincanuckistan

I saw one of those talking head lawyers on Greta say “You shouldn’t bring a gun to a fist fight.” So I guess he thinks you shouldn’t bring a gun to a knife fight either. Sheesh, these people should at least TRY to think before they speak. And, of course, Greta never responded to the idiotic statement.


37 posted on 04/11/2012 8:09:44 PM PDT by Terry Mross ("It happened. And we let it happen." - Peter Griffin, Family Guy)
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To: caww

In this case Zimmerman should not even have to use the stand your ground law.

He was being beaten by a much younger and athletic youth who had a background of minor brushes with authority and certain details which indicate serious crimes.

The case should not have even been brought and would not except for the lynch mob atmosphere in the media and Black groups including the attorney general and president.


38 posted on 04/11/2012 8:11:47 PM PDT by yarddog
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To: yarddog

Governor Scott is the one who appointed Corey. That was a cowardly act. And you have to remember he’s a republican. He thinks there might me a snowball’s chance in hell that’ll he get ONE black vote if he allows Zimmerman to go to prison.


39 posted on 04/11/2012 8:13:07 PM PDT by Terry Mross ("It happened. And we let it happen." - Peter Griffin, Family Guy)
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To: pankot

I could only watch the first few seconds.


40 posted on 04/11/2012 8:16:51 PM PDT by Paladin2
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To: Terry Mross

Florida once had a governor who would have stood up to the race baiters. In fact he did stand up to them. He got on stage at FSU and literally took the microphone out of the hand of Stokely Carmicael and gave his opinion. Stokely looked shocked.

He was Claude Kirk. He also drove through an area of Tampa where Blacks were rioting, manning a .50 caliber machine gun.

We could sure use a man like that today.


41 posted on 04/11/2012 8:19:37 PM PDT by yarddog
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To: NelsTandberg
Depending on the evidence, this could turn out to be the trial of the century. I know that I will certainly be paying attention!
42 posted on 04/11/2012 8:19:40 PM PDT by sargon (I don't like the sound of these "boncentration bamps")
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To: NelsTandberg

It will be a kangeroo court.


43 posted on 04/11/2012 8:21:36 PM PDT by sport
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To: sport

Exactly, in fact it already is a Kangaroo Court. He never should have been charged. Everyone is so afraid of the race baiters that justice has no seat at the table.


44 posted on 04/11/2012 8:23:48 PM PDT by yarddog
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To: yarddog

We’re talking Florida, where the state condoned the slow murder of Terri Schiavo. Don’t expect a fair trial in that state. The Obama administration wants blood in the water so their racist sharks can feed in a freenzy. The only thing I am hoping comes from Floriduh killing George Zimmerman’s freedom is the Hispanic vote goes 100% against the racist little bastard barry and his racist DoJ vermin.


45 posted on 04/11/2012 8:25:05 PM PDT by MHGinTN (Being deceived can be cured.)
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To: caww
Stand Your Ground means you don't have a duty to retreat before using deadly force. However, if Zimmerman's version of events is true, he wasn't in a position to retreat, anyway.

The point Professor Winkler makes, however, is that Florida law also allows for a pretrial hearing before a judge to quash the case based on a preponderance of evidence showing that the killing was justified.

Here's another link, which attributes the right to a hearing to Florida Supreme Court guidance:

According to Florida Supreme Court guidance, the “Stand Your Ground” law gives defendants a substantive right to avoid being subjected to a trial. Therefore, Zimmerman would receive a special pretrial hearing to determine if “Stand Your Ground” applies to his case.

At this hearing, a judge, not a jury, would review the evidence in the case. And as long as Zimmerman proves by a preponderance of the evidence that law applies, the judge would dismiss the charges and immunize him from prosecution. This makes a conviction of Zimmerman on any offense arising out of the Martin incident even more unlikely.


46 posted on 04/11/2012 8:26:50 PM PDT by cynwoody
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To: snarkytart

Again, you are wrong per Casey Anthony. There were lesser charges added including 2nd degree murder, aggravated manslaughter, and aggravated child abuse.<<

They were added, but the prosecution chose a gamble by presenting no evidence on the lesser charges, that way the jury would have to convict on the highest charge. It was a bad gamble, they lost.

The prosecution had witnesses that did not agree on the cause of death of the girl. They did not choose wisely. They lost.

So far, the murder 2nd charge in FL appears to either have criminal intent, which is obviously not present, or depraved indifference to life, which is weird given the circumstance.

If life is fair, they will lose, because neither appears to have been present at the time of the incident.

What a world!
DK


47 posted on 04/11/2012 8:28:35 PM PDT by Dark Knight
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To: caww
“If he can show that he was acting in self-defense by a “preponderance of the evidence””

Maybe the video surveillance will show it.

48 posted on 04/11/2012 8:28:55 PM PDT by Selene
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To: NelsTandberg

I feel bad for George Zimmerman. I truly this guy was truly looking out for his community as attested by his activism on behalf of the AA homeless man who was previously beaten up in the nearby area. He was not looking for trouble that night when ran he ran across this “upstanding” citizen Trayvon Martin. He probably had good suspicions about this kid. I’m afraid with good reason he will not be treated fairly in a trial.

That being said, if he should somehow manage to be exonerated, he should think long and hard at his affiliation with the Democratic Party. If anything, he should examine the treatment he has received by his so-called fellow liberals and realize he has been used as a useful idiot for the cause. Hopefully, he will truly become a liberal turned conservative who has been mugged by reality.


49 posted on 04/11/2012 8:30:36 PM PDT by princeofdarkness (The Obama Administration is circling the wagons. But the Truth Indians are using flaming arrows.)
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To: tobyhill

KKK is loving this one hispanIc liberal democrat shoots black wannabes thug teen. Who cares? Happens in Chicago almost weekly. The press may call Zimmerman White but I can assure you he would never be accepted as white in many communities. Kind of sad actually Hispanics will not stand up for him and he looks too Hispanic for some whites. Only people defending him are gun owners?


50 posted on 04/11/2012 8:31:31 PM PDT by OldGoatCPO
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