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Dershowitz: Prosecutor Should Drop Charges Against Zimmerman
The New American ^ | 23 May, 2012 | R. Cort Kirkwood

Posted on 05/24/2012 8:51:56 AM PDT by marktwain

Leftist Harvard law professor Alan Dershowitz says special prosecutor Angela Corey should drop the second-degree murder charge against George Zimmerman, the Hispanic man who shot Trayvon Martin on Feb. 26 in Sanford, Florida.

The evidence that Zimmerman told the truth when he said Martin attacked and tried to kill him, Dershowitz wrote in the New York Daily News, is too much to ignore. And the only right thing for the prosecutor to do, he concluded, is forget about nailing Zimmerman for murder.

Dershowitz has been speaking out about the case since the prosecutor released an affidavit that Dershowitz said fell fall short of what is legally required. Most notably, it lies by omission, he implied.

Prosecutor Unethical

The Harvard law professor unbosomed his opinion after prosecutors released the evidence in the case, including photos and a report about Zimmerman’s injuries sustained in the fight for his life against the enraged 17-year-old football player.

As The New American reported last week, the medical evidence backs up the account Zimmerman gave police: that Martin brutally attacked him, breaking his nose and bashing his head into the ground, before Zimmerman pulled his gun and shot the teenager.

The medical report showed that Zimmerman had a “closed fracture” of the nose, lacerations on his head and a minor back injury. Photos confirm the written report.

As well, the autopsy on Martin showed Zimmerman shot him at close range, which is, again, consistent with Zimmerman’s account, and that Martin had an abrasion on one of his fingers and trace amounts of THC, the active ingredient in marijuana, in his system. Whether Martin was stoned when he attacked Zimmerman is unclear.

Dershowitz says the time has come to drop the case. “If this evidence turns out to be valid, the prosecutor will have no choice but to drop the second-degree murder charge against Zimmerman — if she wants to act ethically, lawfully and professional,” he wrote, adding,

There is, of course, no assurance that the special prosecutor handling the case, State Attorney Angela Corey, will do the right thing. Because until now, her actions have been anything but ethical, lawful and professional.

Dershowitz also reprised earlier his remarks of a few weeks ago, which suggested that the prosecutor’s affidavit was faulty because did not contain exculpatory evidence. “She was aware when she submitted an affidavit that it did not contain the truth, the whole truth and nothing but the truth. She deliberately withheld evidence that supported Zimmerman’s claim of self-defense,” he wrote.

A few weeks ago, Dershowitz noted that such affidavits must contain “all relevant information,” and that not including evidence that would prove Zimmerman’s innocence is “unethical,” “immoral” and “irresponsible.” He even called the affidavit “stupid.”

This week, Dershowitz explained more:

The New York Times has reported that the police had “a full face picture” of Zimmerman, before paramedics treated him, that showed “a bloodied nose.” The prosecutor also had photographic evidence of bruises to the back of his head.

But none of this was included in any affidavit.

Now there is much more extensive medical evidence that would tend to support Zimmerman’s version of events.

Dershowitz also explained that Florida’s Stand Your Ground Law might not be an issue in the case, and that even if Zimmerman cannot use the law as a defense, he may still have a legitimate claim of self defense. “A defendant, under Florida law, loses his ‘stand your ground’ defense if he provoked the encounter — but he retains traditional self-defense if he reasonably believed his life was in danger and his only recourse was to employ deadly force,” he wrote.

Thus, if Zimmerman verbally provoked Martin, but Martin then got on top of Zimmerman and banged his head into the ground, broke his nose, bloodied his eyes and persisted in attacking Zimmerman — and if Zimmerman couldn’t protect himself from further attack except by shooting Martin — he would have the right to do that. (The prosecution has already admitted that it has no evidence that Zimmerman started the actual fight.)

Dershowitz is highly concerned that Corey said her job was to get “justice for Trayvon Martin” but not for George Zimmerman. That, Dershowitz wrote, is not a prosecutor’s job. Nor he wrote, is her job to get a conviction to avoid racial troubles that might arise should Zimmerman go free:

As many see it, her additional job is to prevent riots of the sort that followed the acquittal of the policemen who beat Rodney King.

Indeed, Mansfield Frazier, a columnist for the Daily Beast, has suggested that it is the responsibility of the legal system to “avert a large scale racial calamity.” He has urged Zimmerman’s defense lawyer to become a “savior” by brokering a deal to plead his client guilty to a crime that “has him back on the streets within this decade.”

But it is not the role of a defense lawyer to save the world or the country. His job — his only job — is to get the best result for his client, by all legal and ethical means. …

The prosecutor’s job is far broader: to do justice to the defendant as well as the alleged victim.

As the Supreme Court has said: “The government wins ... when justice is done.”

Zimmerman’s lawyer is doing his job. It’s about time for the prosecutor to start doing hers.

Evidence Likely Means Acquittal

Corey charged Zimmerman with second-degree murder in early April. At the time, legal experts wondered how she would get a conviction given the high standard of evidence required to prove such a crime. That evidence must include proof that the accused “evinc[ed] a depraved mind regardless of human life.” The defense experts concluded that she “overcharged” to force a plea deal from Zimmerman.

But then the prosecutor released the affidavit, which suggested they had no case. Dershowitz noted as much at the time: The evidence, he said, is “so thin that it won’t make it past a judge on a second degree murder charge.” He also called the affidavit a “grave ethical violation” because of what it didn’t include: the evidence supported Zimmerman’s claim that Martin attacked him.

Indeed, Dershowitz confidently said the evidence was so weak Zimmerman would be probably be acquitted, and he accused Corey of trying to score political points with the charge. “I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged,” he said. “[I]f the evidence is no stronger than what appears in the probable cause affidavit — this case will result in an acquittal.”

Now Dershowitz flatly calls on Corey to drop the case.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Florida
KEYWORDS: banglist; fl; georgezimmerman; martin; trayvonmartin; zimmerman
Overcharging is a common procedure for prosecutors. It is unethical. We need to find a way to hold prosecutors to account for this sort of thing.
1 posted on 05/24/2012 8:52:06 AM PDT by marktwain
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To: marktwain
Aha! Yeah, that’ll go over well, dropping the charges.

Nope, the DA has screwed herself, big time!

2 posted on 05/24/2012 8:53:49 AM PDT by ryan71
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To: marktwain

Too late now. She hoped to play this big time in front of the drooling cameras. The media will need a scapegoat for their own stupid reporting—and she’s it.

Never mind that the media lied before she did. They control the news.

She probably hoped to play this into a future governorship. Forget it, stupid.


3 posted on 05/24/2012 8:58:18 AM PDT by Cicero (Marcus Tullius)
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To: ryan71

Is it time for Corey to be examined on ethics charges?


4 posted on 05/24/2012 9:00:21 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: marktwain
"Overcharging is a common procedure for prosecutors."

How correct you are.

I sat in court with my grandson as all the cases were being handled. Not realizing it at the time the Judge wanted every case out of the way so the court room was empty except for me and my grandson. The Judge then proceeded to chew the prosecutor out for overcharging the case. My grandson's defense lawyer said to the Judge I can see now why you put us off to the very last.

5 posted on 05/24/2012 9:14:36 AM PDT by Spunky
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To: marktwain

they’ll just refile it as “manslaughter”


6 posted on 05/24/2012 9:15:37 AM PDT by stylin19a (Obama - The Man Who Shot Liberty Valance)
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To: marktwain
Dershowitz: Prosecutor Should Drop Charges Against Zimmerman

...and face disciplinary action up to and including loss of her job and possibly her license.

7 posted on 05/24/2012 9:20:04 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: marktwain

I want Sham-ton sued. Dropping charges isn’t enough... Panthers need to be investigated for witness tampering...


8 posted on 05/24/2012 9:20:27 AM PDT by GOPJ ( "A Dog In Every Pot" - freeper ETL)
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To: marktwain
Dersh IS a leftist and a sly dog (I mean K-9)He knows if Zim walks, Fl-Dah burns, and Obie gets re-elected. Zim kinda started this whole thing , brought this on himself, he will pay some dues for it...sometime next year after the election. Maybe the Fl-Dah guv is a sly-er dog.
9 posted on 05/24/2012 9:26:46 AM PDT by Calusa (The pump don't work cause the vandals took the handles. Quoth Bob Dylan.)
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To: ryan71
...Corey said her job was to get “justice for Trayvon Martin” but not for George Zimmerman. That, Dershowitz wrote, is not a prosecutor’s job. Nor he wrote, is her job to get a conviction to avoid racial troubles that might arise should Zimmerman go free...

Are you sick of our 'law enforcement people' cowering in front of threats of black violence? Dershowitz is calling this one from a bastion of liberal group think - that takes courage. Thanks Dershowitz...

10 posted on 05/24/2012 9:27:03 AM PDT by GOPJ ( "A Dog In Every Pot" - freeper ETL)
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To: marktwain

“There is, of course, no assurance that the special prosecutor handling the case, State Attorney Angela Corey, will do the right thing. Because until now, her actions have been anything but ethical, lawful and professional.”

Did State AG “Inherit the wind”, as did Barrack, Al and Jesse?
Proverbs 11:29, He that troubleth his own house shall inherit the wind: and the fool shall be servant to the wise of heart.


11 posted on 05/24/2012 9:39:57 AM PDT by GOYAKLA (Recall/ Impeachment Day, November 6, 2012. FUBO, same for RINOs)
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To: stylin19a
they’ll just refile it as “manslaughter”

That depends upon whether or not the judge dismisses "with prejudice". Since any manslaughter charge would be based on the same act, with the same set of facts as the original charge, that would result in him being prosecuted twice for substantially the same crime. If the charge is dismissed with prejudice, filing again under manslaughter would violate the prohibition against double jeopardy.

12 posted on 05/24/2012 9:42:42 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: GOPJ

“Are you sick of our ‘law enforcement people’ cowering in front of threats of black violence? Dershowitz is calling this one from a bastion of liberal group think - that takes courage. Thanks Dershowitz... “

Now Alan, go down to Floriduh and take over the case for Zimmerman’s defense Pro Bono. Now that would really be the “ethical” thing to do.


13 posted on 05/24/2012 10:05:28 AM PDT by vette6387
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To: GOPJ
Thanks Dershowitz

when he's right, he's right. Just like a stopped clock.

14 posted on 05/24/2012 10:09:58 AM PDT by chesley (Eat what you want, and die like a man. Never trust anyone who hasn't been punched in the face)
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To: marktwain

Zimmerman should get Dershowitz for his defense attorney.

The cognitive dissonance at that point would cause liberal spontaneous combustion throughout our land.


15 posted on 05/24/2012 10:26:20 AM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: Cicero

” She probably hoped to play this into a future governorship. Forget it, stupid.”

Is she 1/128th Cherokee?

She might be able to teach at Harvard.


16 posted on 05/24/2012 10:44:15 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: marktwain
The Harvard law professor unbosomed his opinion ... (emphasis added)

Who writes this crud? I know what it means, etc. but come on... I am not even sure that the use of this word is correct given the context of the sentence...

17 posted on 05/24/2012 10:50:18 AM PDT by LaRueLaDue
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To: CA Conservative
I understand.
The guts of the article is about the 2nd degree murder charge be dropped as it's not supported by evidence and would probably amount to an acquittal.
Only at the end does Dersh. say drop the case.

usually there is prosecutorial discretion. Don't know how it works in florida. Can the prosecutor withdraw the 2nd degree murder charge and re-file as manslaughter ? or do they first have to get the judge to dismiss ?

Thanks

18 posted on 05/24/2012 11:08:40 AM PDT by stylin19a (Obama - The Man Who Shot Liberty Valance)
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To: LaRueLaDue
I am not even sure that the use of this word is correct given the context of the sentence...

I believe it is not correct. Alan Dershowitz is not confidentially revealing a private, secret thought here - he is shouting from the rooftops to anyone who cares to hear.

19 posted on 05/24/2012 11:20:55 AM PDT by Greysard
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To: Persevero
Zimmerman should get Dershowitz for his defense attorney.

Dershowits's specialty is appeals.

20 posted on 05/24/2012 11:27:50 AM PDT by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: LoneRangerMassachusetts

” Dershowits’s specialty is appeals. “

After they move the trial to an all black district, Dersh may indeed get his chance.


21 posted on 05/24/2012 11:47:29 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: marktwain

All the press and the pundits who have been trying to blame the new “stand your ground” law for Martin’s demise have been wrongly applying that to Zimmerman, where it has no applicability at all. However, it may actually apply to Martin. Did Martin have a right to “stand his ground” against Zimmerman? That being the only applicability, the artcile does clarify one issue. If Martin was “standing his ground” against a provocative Zimmerman, then the prosecutor may have a case. But, since the evidence seems to support the conjecture that Martin blindsided and attacked Zimmerman, Martin had zero right to stand his ground against Zimmerman.


22 posted on 05/24/2012 11:47:57 AM PDT by Real Cynic No More (OxBAMA!!'s name is all caps as sarcasm to indicate a lack of respect, as he does not deserve it)
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To: longtermmemmory
Is it time for Corey to be examined on ethics charges?

Way past time.

23 posted on 05/24/2012 11:47:57 AM PDT by Real Cynic No More (OxBAMA!!'s name is all caps as sarcasm to indicate a lack of respect, as he does not deserve it)
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To: Greysard

That is exactly what I was thinking...


24 posted on 05/24/2012 12:00:48 PM PDT by LaRueLaDue
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To: chesley
Sometimes the blind squirrel finds the nut...

That said, Dershowitz has been right on a couple of things recently - major stuff, too.

He's still a liberal, but seems brave enough to go public with his thoughts - even when those thoughts back a conservative position.

Considering Dershowitz has probably never met a live person who agrees with him on this issue (he lives in a liberal bubble) it's impressive that he can speak a hard truth.

25 posted on 05/24/2012 12:02:30 PM PDT by GOPJ ( "A Dog In Every Pot" - freeper ETL)
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To: Persevero

“Zimmerman should get Dershowitz for his defense attorney.

The cognitive dissonance at that point would cause liberal spontaneous combustion throughout our land.”

Which is exactly why he should do it.


26 posted on 05/24/2012 12:04:55 PM PDT by RedStateNotShirt
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To: Calusa
Zim kinda started this whole thing , brought this on himself, ...

Right, it was all his fault there were multiple breakins in the recent past in his neighborhood. He had no business caring about his neighbors. /s

27 posted on 05/24/2012 2:21:51 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: GOPJ

Nobody ever said he wasn’t an intelligent man. And he has been gutsy on some big issues.

wish he were on our side.


28 posted on 05/25/2012 6:30:16 AM PDT by chesley (Eat what you want, and die like a man. Never trust anyone who hasn't been punched in the face)
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To: marktwain; ExTexasRedhead

Wang for later, pal ;’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’’ FRegards


29 posted on 05/27/2012 9:36:21 PM PDT by gonzo ( Buy more ammo, dammit! You should already have the firearms ... FRegards)
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