Where’s the ‘Probable Cause’?

national review ^ | 4-13-12 | John Lott

[doug from upland]

The charges brought against George Zimmerman sure look like prosecutorial misconduct. The case as put forward by the prosecutor in the “affidavit of probable cause” is startlingly weak. As a former chief economist at the U.S. Sentencing Commission, I have read a number of such affidavits, and cannot recall one lacking so much relevant information. The prosecutor has most likely deliberately overcharged, hoping to intimidate Zimmerman into agreeing to a plea bargain. If this case goes to trial, Zimmerman will almost definitely be found “not guilty” on the charge of second-degree murder.

The prosecutor wasn’t required to go to the grand jury for the indictment, but the fact that she didn’t in such a high-profile case is troubling. Everyone knows how easy it is for a prosecutor to get a grand jury to indict, because only the prosecutor presents evidence. A grand-jury indictment would have provided political cover; that charges were brought without one means that the prosecutor was worried that a grand jury would not give her the indictment.

Advertisement The affidavit consists of six main points:

● Zimmerman was upset about all “the break-ins in his neighborhood” and expressed anger at how criminals “always get away.”

● According to a discussion with Trayvon Martin’s girlfriend, who said that she was talking to Martin before the attack, Zimmerman followed Martin. He did so despite the police operator’s saying “we don’t need you to do that.”

● Zimmerman “confronted Martin and a struggle ensued,” though no evidence is cited on this point.

● Trayvon Martin’s mother identified the voice crying for help on a 9-1-1 call as her son’s.

● Zimmerman shot Martin in the chest, and this is confirmed by both Zimmerman’s statement and ballistics tests.

● Martin died from the gunshot wound.

Note some of the points that are missing. The prosecution doesn’t claim Zimmerman had racial animus against blacks. There was no “f***ing coons” on the police call. Some extremely relevant information from the police report is completely excluded: There is no mention of the grass and wetness found on the back of Zimmerman’s shirt, the gashes on the back of his head, the bloody nose, or the other witnesses who saw Martin on top of Zimmerman, beating him, before the shot was fired. There is not even an attempt to say that the police report was in error; instead the affidavit just disregards it.

Even if everything in the affidavit is correct, it does not even begin to deal with the most crucial question: Who attacked whom? Even if it is true that “Zimmerman confronted Martin and a struggle ensued,” there may have been no wrongdoing on Zimmerman’s part. “Confronted” does not mean “provoked” or “assaulted.” It could simply mean that Zimmerman followed Martin and asked him what he was doing in the neighborhood. Surely Zimmerman had the right to investigate a strange person in his neighborhood. The police operator’s advice that “we don’t need you to do that” was merely suggestive, not an order to stop. Indeed, the police had no authority to give Zimmerman such an order.

Now take the charge of “second degree” murder. There is no way that the affidavit justifies such a charge. In Florida, second-degree murder is defined as “the unlawful killing of a human being, when perpetrated by any 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.” But if Zimmerman was being beaten, there was no “depraved mind regardless of human life,” and the act “imminently dangerous to another” would be justified as self-defense.

Angela Corey, the special prosecutor who filed charges, claimed multiple times on Wednesday that the prosecutors “are seekers of the truth.” In our legal system, grand juries can sometimes provide a check on prosecutors who indict based on political pressure or the desire to seek the limelight. It is no surprise that Corey avoided the grand jury.

— John R. Lott Jr. is a FoxNews.com contributor and a co-author of the just-released Debacle: Obama’s War on Jobs and Growth and What We Can Do Now to Regain Our Future (John Wiley & Sons, March 2012).

[GeorgiaDawg32]

It truly amazes me people regurgitate what the MSM has told them without bothering to look at facts.

Once in the courtroom, the defense attorney will want facts, not emotion based knee-jerking.

[cherry]

they’ll need to provide security for the jury...the jury to be in Z’s favor needs to have several hispanic members...and Z has to testify.....his story has never changed...he’s been a good citizen just watching his neighborhood....

[GeorgiaDawg32]

In many places?

That doesn’t count. What is it in Sanford? (The only place this matters.)

[CGASMIA68]

9-1-1 operators are not cops they are console operators and in so many proven cases they screw up,alot.

[CGASMIA68]

BS

[The Great RJ]

No grand jury would have returned an indictment for second degree murder and likely even a manslaughter charge would have been a stretch, particularly when jurors would have seen the police reports. This special prosecutor is just is just pandering to the lynch mob whipped up by Sharpton and Jackson.

[Alice in Wonderland]

In daddy's interview he said George was looking for street signs. Fine, he was looking for house numbers too. Okay?

Now forget about all of that and try to concentrate . . .

Was Zimmerman parked on Twin Trees? Yes or No

Did Zimmerman use the walkway (cutoff) to walk to Retreat View Circle? Yes or No

To return to his vehicle would Zimmerman turn around, retrace his steps, and walk from Retreat View Circle back to Twin Trees? Yes or No

Still with me . . .?

It appears that Zimmerman detoured and turned left. He went onto the long walkway that ran thru the backyards of the buildings . . . in a direction took him further away from his vehicle. It was on that long walkway where the shooting took place. He got there somehow.

Now for the $64,000 question . . .

Did Zimmerman voluntarily go on the long walkway? Yes or No

To help you visualize it, I've included this photo. Twin Trees is off-camera to the right. Retreat View Circle is off-camera to the left. The shooting happened on that long walkway.

[Alice in Wonderland]

7:13:41 - Zimm agrees to meet police at his truck, and he hangs up call.

You forgot the part where Zimmerman said that the police should call him when they got to the complex . . . so he could give them his location.

[Cubs Fan]

What I can’t understand is how the judge accepted this pathetic piece of sh... er, *work* at Zimmerman’s hearing yesterday, and decided it was sufficient to support the murder 2 charge

the judge is probably a liberal or a cowardly little appeasing RINO, like Angela Corey.

[zencycler]

Actually, no, we don't know if it true that Zimmerman "confronted" Martin. Some people have talked as if Zimmerman and Martin exchanged words earlier, but that is unclear.

According to Martin's cell-phone friend, Martin asked, "What are you following me for?" and Zimmerman replied "What are you doing here?" I think this is what the prosecutor is using to claim Zimmmerman "confronted" Martin. Assuming this did occur, then Martin likely took off, Zimmerman started going back to his car, and then shortly afterward Martin "confronted" Zimmerman and "a struggle ensued"

[1010RD]

The “Stand Your Ground” law doesn’t apply in this case at all.

Have a gander here:

“a person is justified in the use of deadly force” if “(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony” (Florida Statutes, Section 776.012). http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS09/CH0776/Section_0776.012.HTM

http://www.myfloridahouse.gov/FileStores/Web/Statutes/FS09/CH0776/Section_0776.013.HTM

The “Stand Your Ground” law only applies to home invasion or car jacking.

What we are witnessing is a massive disinformation campaign put on by Obama and Co. Its goal is to re-elect Obama, but also to attack gun rights in general.

[CottShop]

The account was that he ran to get the name of the street- Hell, I’ve lived in my town all my life and cna’t tell you the name of streets rtight aroudn where I live and walk daily- This info about looking for the strewet name was from an early report on the case-

[[It sure doesn’t seem like he intended to return to his vehicle immediately]]

Now you’re telling us what he was thinking?

And even if he didn’t head back to hte car, (However, there is every indication he wasd headed back to the car as can be heard o nthe tape of the call- it was in the3 process of heading back to the car- apparently on a route you dissaprove of?) so the hell what? again- it is NOT agaisnt he law to follow someone- it is NOT agaisnt thwe law to even follow someoen armed- it is NOT even agaisnt hte law to confront someone-

[[For some reason or another he decided to go on the pathway which runs behind the houses ... in the opposite direction from where he was parked.]]

If we’re to beleive him- he was checkign on whetre Trayvon ducked down so he coudl give the polcie the direction traqyvonm went when he met with the police- IF you have evidence refutign georgee’s account, present it- all i’ve seen is conjecture from you

[CottShop]

[[Zimmerman’s vehicle was on Twin Trees. The back entrance he thought Martin was heading for is on Retreat View Circle, a block away.]]

Since you seem to want to argue conjecture- then wouldn’t this fact, that the back entrance was a block away- indicate to you that george was infact confused abotu where he was and had to look for a sign to make sure he was in the spot he thought he was?

[Aunt Polgara]

In answer to Alice's question: "Did Zimmerman use the walkway (cutoff) to walk to Retreat View Circle?" The Wagist website has Z walking along that sidewalk on the north of the 2 rows of townhomes, but there are also cuthroughs (without sidewalks) in between each of the townhome buildings which you can see if you use google maps. When Z said that Trayvon was headed toward the back entrance, they might both have been on the north-south part of Twin Trees dr, not on the northern sidewalk at all, and Trayvon might have cut through between buildings to the south of that northern sidewalk, not on the northern sidewalk at all. In other words, Trayvon and Z may just have well been to the south of that walkway walking between 2 buidings, which would account for Z traveling north toward that sidewalk (and his vehicle) when the altercation occurred.

To give credence to this possible scenario, this is from the Q&A on the city of Sanford website:

What about media reenactments of the shooting incident? Any media reenactments of the shooting incident are purely speculation. To date the Sanford Police Department has not released any rendition of the events of the evening to anyone other than the Office of the State Attorney. The renditions we have seen are not consistent with the evidence in this case.

Is there any evidence to refute this? (Note to Cboldt. I hope you don't mind me pinging you to these threads. You seem to be the most knowledgeable around here, and I really do want to understand what's going on.)

[ridesthemiles]

Post #8 is correct.

Zimmerman spoke to a police dispatcher.

I don’t believe that dispatchers are sent to the local police academy. They are basically civilians!!!

[doug from upland]

Stand your Ground does not only apply to home invasion and car jacking. If you are walking down the street and confronted by armed thugs who are attempting to mug you, you have the right to defend yourself.

[CottShop]

Dispatcher: Alright George we do have them on the way, do you want to meet with the
officer when they get out there?

Zimmerman: Alright, where you going to meet with them at?

Zimmerman: If they come in through the gate, tell them to go straight past the
club house, and uh, straight past the club house and make a left, and then they
go past the mailboxes, that’s my truck...[unintelligible]

Dispatcher: What address are you parked in front of?

Zimmerman: I don’t know, it’s a cut through so I don’t know the address.

[doug from upland]

Yes, the prosecutor was totally disingenuous. With the uprising and threats, she did this to temporarily cool down the situation. If he is acquitted or their is a hung jury, she can say she did her job.

I believe a hung jury is infinitely more likely than an acquittal. There will be blacks on the jury and let’s tell it like it is. No black juror is going to vote to let Zimmerman off the hook. There may one, two or more whites or Hispanics who see this through a racial prism and they will not vote to convict. Hung jury is my call. Then federal civil rights charges.

[moehoward]

"In other words, Trayvon and Z may just have well been to the south of that walkway walking between 2 buidings, which would account for Z traveling north toward that sidewalk (and his vehicle) when the altercation occurred."

Like so?

GZ's father and brother both repeat George's story that Martin disappeared down the sidewalk (from C, towards E, and turning to his right then running towards F and D).

I had wondered if GZ did take the route in pink, and came upon Martin, around F.

"The renditions we have seen are not consistent with the evidence in this case."

The way I'm reading that is, the "media reenactments" are the ones not consistent, but GZ's version, is "consistent with the evidence in this case."

[Alice in Wonderland]

According to his dad, George walked to the next street (Retreat View Circle).

http://www.youtube.com/watch?v=a9oNoQQbjPA