Posted on 06/13/2012 7:25:24 PM PDT by roses of sharon
Florida prosecutor Angela Corey has come under withering criticism from Alan Dershowitz for overcharging and leaving out important details in the Affidavit of Probable Cause filed in connection with the charge of Second Degree Murder lodged against George Zimmerman.
Corey allegedly responded by threatening to sue Dershowitz and Harvard. This appears to be part of a pattern when she is criticized.
Now Corey has brought a charge of felony perjury against Zimmerman’s wife, Shellie, based on testimony during George’s bond hearing with regard to their financial resources. (Criminal Information and Affidavit of Probable Cause embedded at bottom of post.)
There certainly is a case which can be made that the Court was not fully informed of the financial situation, and that is part of the reason the Judge revoked bond under the standards applicable to release pending trial.
But that bond standard is very different from a criminal charge of perjury, which requires proof of a specific material false statement which the person believes not to be true at the time of testimony.
(Excerpt) Read more at legalinsurrection.com ...
But nowhere in the criminal Information or Affidavit of Probable Cause is a specific sentence or set of words identified as false with an explanation of why it was false.
I think there is a reason for this. Many of the answers of Shellie were non-committal. Since the prosecution does not specify which statements were false, here are some possibilities taken from the testimony quoted in the Affidavit of Probable Cause:
Q. Other major assets that you have which you can liquidate reasonably to assist in coming up with money for a bond? A. None that I know of.
What are “major assets”? Isn’t that a matter of opinion? Similarly, what does “reasonably” mean? Isn’t that also a matter of judgment, not a fact? The same lack of clarity accrues to “liquidate.” If the alleged funds already were liquid, the funds could not be liquidated again.
Q. I have discussed with you the pending motion to have your husband George declared indigent for cost, have I not? A. Yes, you have. Q. And is – - are you of any financial means where you can assist in those costs? A. Uhrn, not- – not that I’m aware of.
This question by defense counsel brings into play another conversation — not recited in the Information — as to what was in the pending motion and the discussions outside of court. What was her understanding of who owned the funds, what they could be used for, and whether they were her funds (“are you of any financial means”). If the funds belonged to George or to his defense fund, they were not Shellie’s financial means.
Q: I understand that you do have other family members present with you, and I’ll ask some more questions of them, but have you had discussions with them of at least trying to pull together some funds to accomplish a bond? A: We have discussed that— Q: Okay A: —-trying to pull together the members of the family to scrape up anything that we possibly can.
It’s not clear at all what could be false about this, unless Shellie did not actually have discussions with family members. Again, possible deception, but not a false statement.
Here is the entire segment quoted in the Affidavit of Probable Cause from the prosecution’s examination of Shellie (emphasis mine):
Q. And you mentioned also, in terms of the ability of your husband to make a bond amount, that you all had no money, is that correct? A. To my knowledge, that is correct. Q: Were you aware of the website that Mr. Zimmerman or somebody on his behalf created? A: I’m aware of that website. Q: How much money is in that website right now? How much money as a result of that website was — A: Currently, I do not know. Q: Do you have any estimate as to how much money has already been obtained or collected? A: I do not.
Notice the specific wording of the questions and answers. I think the best case for perjury was the response to the question whether “you all had no money.” (added) The way the question was structured, however, the question was whether Shellie previously said that there was “no money,” not that at the time of the question there was no money.
But in the very next question the issue of the website fundraising was raised, and she said she doesn’t “currently” know how much is “in that website right now” or how much was raised “as a result.” The word “currently” suggest that at the moment she was testifying she didn’t know, which may have been correct. Similarly the denial that she had “an estimate” would only be false if at the time of testifying Shellie had an estimate. [see Update below]
It may sound like I’m nitpicking the questions and answers, but that’s what’s at issue in a perjury prosecution.
This Court has held that statements alleged to be perjurious must be of “empirical fact” and not of opinion, belief or perception…. One of the essential elements of perjury in official proceedings is that the person making the statement does not believe it to be true… The questions posed to elicit perjured testimony must be asked with the appropriate specificity necessary to result in an equally specific statement of fact.
Cohen v. State, 985 So.2d 1207 (Fla. App. 3 Dist. 2008)(citations omitted).
Instead of specifying the words which constituted empirical statements of fact that knowingly were false and why, the prosecution presents testimony and then evidence, and only generally and vaguely states that a false statement was made.
I am not excusing the conduct of the Zimmermans as to the bond hearing. I understand why the Judge feels he was deceived.
I am questioning the bringing of a felony perjury charge without greater specificity of the false statements, particularly while the alleged perjurer’s husband is awaiting trial in a highly publicized case.
Just more questions as to how this prosecution is being handled.
Update: Per a commenter, it appears that the above testimony was selectively edited by the prosecution to leave out the following exchange (deleted testimony in bold):
Q: How much money is in that website right now? How much money as a result of that website was —
A: Currently, I do not know.
Q: Who would know that?
A: That would be my brother-in-law.
Q: And is he — I know he’s not in the same room as you, but is he available so we can speak to him, too, or the Court can inquire through the State or the Defense?
A: I’m sure that we could probably get him on the phone.
Q: Okay. So he’s not there now.
A: No, he is not, sir.
Q: Do you have any estimate as to how much money has already been obtained or collected?
A: I do not.
The deleted transcript language certainly gives a very different context to the issue of whether Shellie knew how much was available or had an “estimate.” She offered to get the person who knew on the phone, but the prosecution didn’t take her up on that.
Note that in the Affidavit of Probable Cause the prosecution did not use an ellipsis or any other indication to show that words were omitted.
This is as bad if not worse than the Duke LAX case. This woman needs to be taken down the same way Nifong was.
Let me guess, Ms. Corey has further political ambition? She may be seeking a higher office?
unbelievable!!! She wanted to get an answer....
A: I’m sure that we could probably get him on the phone.
The higher office should be a jail cell!
The Nazi stuck on stupid obsession on destroying the Jews of Warsaw is a similar case study. It’s like a rapist fearing retaliation or something, intent on murdering all witnesses and perceptions to the actions taken.
This prosecutor is obviously out of control and making more a case of herself.
I bet I know the words that were said to her:
Obama: “I can make you assistant attorney general or even suggest you for a supreme court seat if you can win this one case...”
I feel that they are going to lose the case and trying everything possible to punish them using the bureaucracy. They should have held the probable cause hearing before the judge and ended this months ago.
Sure seems like the Pros. is putting pressure on for a plea, maybe they do not want to go to trial?
Sorry but the Feds are out of it because we don’t have a Dept. of Justice .... we only gots Eric the Corrupt!
This prosecutor is clearly dirty and she needs to be immediately removed from this case and become the subject of an investigation.
Florida prosecutor Angela Corey has come under withering criticism from Alan Dershowitz for overcharging and leaving out important details in the Affidavit of Probable Cause filed in connection with the charge of Second Degree Murder lodged against George Zimmerman. Corey allegedly responded by threatening to sue Dershowitz and Harvard.
She may have been dishonest, but it is very odd that everyone knew of the website collections and she told them to ask the brother in law on the amount. Did anyone ask him?
Corey is up for re-election and may well have ambitions for higher office, and is apparently, willing to suborn perjury to get there.
Angela Corey, meet Mike Nifong.
Corey is up for re-election and may well have ambitions for higher office, and is apparently, willing to suborn perjury to get there.
Angela Corey, meet Mike Nifong.
“Corey allegedly responded by threatening to sue Dershowitz and Harvard. “
I want the popcorn concession.
Who in the world would believe that promise from Barack the Honest, so close to elections?
On the other hand, never mind. You are right; every Obama voter would believe that and more.
Plus, Obama could always guarantee her a future Presidential Pardon, no matter how illegal her tactics.
For these people, the end justifies any means ....
Unfortunately, Corey is running unopposed this election cycle
However, Corey had an opponent in 2008, and Corey seemed to have quite a problem with the filing of her assets to the state election board. Oh the irony
Someone did an extensive investigation on Corey..I will have to find the article
Unfortuntely, Gov Rick Scott is part of the problem, as he was the one who selected Corey as the Special Prosecutor after the State Attorney for Seminole-Brevard County (Norm Wolfinger) wanted to let a Grand jury hear about it
Rick Scott needs to shut this case down immediately. If not, I can guarantee you he will be primaried out in 2014...if not recalled before them. So too will be State AG Pam Bondi. Real conservatives do not commit liberal atrocities like pleasing Al Sharpton and the New Black Panthers
Tried to explaiher testimony could ha e an explanation and here it is.
Of course it ended wig George and myself being racists and this king it was okay to shoot an unarmed man
of course I think if the other guy instigated it by first action then that fight will end by my stopping g his action and if I feel my life is in danger then it’s going end permanently for the other guy.
Don’t start none, won’t be none.
Every democrat is corrupt.
Every last one.
I sure hope all of the blacks calling for blood are really happy with themselves.
I also hope they have a glimmer of an idea of where their sons are tonight.
I guess there will have to be a special election when she is 'fonged.
There have been a number of cases in recent years where politics has been more important than justice. It may serve the interests of certain individuals like Nifong or Corey, or interest groups like the racial grievance industry, the anti-gun groups, feminists, etc., at the expense of individuals who don't get fair trials--and at the cost of the public's belief in our system of justice. Plenty of room for cynicism.
Maybe they genuinely think they have to sacrifice Zimmerman to avoid riots--sort of like the logic attributed to the high priest in John 11.50 (better than one man die than the whole nation perish).
I think it was Nixon, in the Watergate tapes, who said that perjury is a hard rap to prove. Maybe Mrs. Zimmerman needs to consult with Bill or Hillary.
Would be nice if some big name killer attorney helped out the Zimmermans. If I had the means, I’d pay for it myself as I believe he did nothing wrong. At all. If I was in the same circumstance, I would have done what he did...taking a life cannot be an easy thing-I’ve never had to do it-but just trying to even imagine as best I can what he was and is going thru, makes my heart break.
I feel sorry for the kid’s parents too; I don’t have children, so I don’t know what it’s like to lose one. I can only imagine losing my nephew this way. But as upset as I would be, I would be aching inside wishing that my nephew had not done what he did and crossed that line. If you act like a thug, you will be treated like a thug.
This prosecutor is so overzealous and if Tray had whacked George’s head on the ground a few more times, she’d be prosecuting HIM instead. That should give her pause, but she is going after this guy like he’s the next Charles Manson.
The man is not a criminal; he was just defending himself from a real criminal-thug. Was he supposed to let himself be beaten to death?
Sorry for the rant-I just feel they are after the Zimmerman’s for ANYTHING they can get so he is seems like more of a criminal-kinding of like they want to add to his resume with any additional charges they can come up with.
Would be nice if some big name killer attorney helped out the Zimmermans. If I had the means, I’d pay for it myself as I believe he did nothing wrong. At all. If I was in the same circumstance, I would have done what he did...taking a life cannot be an easy thing-I’ve never had to do it-but just trying to even imagine as best I can what he was and is going thru, makes my heart break.
I feel sorry for the kid’s parents too; I don’t have children, so I don’t know what it’s like to lose one. I can only imagine losing my nephew this way. But as upset as I would be, I would be aching inside wishing that my nephew had not done what he did and crossed that line. If you act like a thug, you will be treated like a thug.
This prosecutor is so overzealous and if Tray had whacked George’s head on the ground a few more times, she’d be prosecuting HIM instead. That should give her pause, but she is going after this guy like he’s the next Charles Manson.
The man is not a criminal; he was just defending himself from a real criminal-thug. Was he supposed to let himself be beaten to death?
Sorry for the rant-I just feel they are after the Zimmerman’s for ANYTHING they can get so he is seems like more of a criminal-kinding of like they want to add to his resume with any additional charges they can come up with.
Would be nice if some big name killer attorney helped out the Zimmermans. If I had the means, I’d pay for it myself as I believe he did nothing wrong. At all. If I was in the same circumstance, I would have done what he did...taking a life cannot be an easy thing-I’ve never had to do it-but just trying to even imagine as best I can what he was and is going thru, makes my heart break.
I feel sorry for the kid’s parents too; I don’t have children, so I don’t know what it’s like to lose one. I can only imagine losing my nephew this way. But as upset as I would be, I would be aching inside wishing that my nephew had not done what he did and crossed that line. If you act like a thug, you will be treated like a thug.
This prosecutor is so overzealous and if Tray had whacked George’s head on the ground a few more times, she’d be prosecuting HIM instead. That should give her pause, but she is going after this guy like he’s the next Charles Manson.
The man is not a criminal; he was just defending himself from a real criminal-thug. Was he supposed to let himself be beaten to death?
Sorry for the rant-I just feel they are after the Zimmerman’s for ANYTHING they can get so he is seems like more of a criminal-kinding of like they want to add to his resume with any additional charges they can come up with.
Bingo!
“I feel sorry for the kid’s parents too; I don’t have children, so I don’t know what it’s like to lose one. I can only imagine losing my nephew this way. But as upset as I would be, I would be aching inside wishing that my nephew had not done what he did and crossed that line. If you act like a thug, you will be treated like a thug.”
I’ll see your rant and raise you another ;)
I’m a single parent, having lost my wife to cancer. I raised our daughter in a way most here would consider far too ‘liberally’. But the one thing I instilled in her from day 1 was ‘actions have consequences”. If you screw up you are going to pay for it and Dad ain’t gonna bail you out.
A large number of her friends screwed up and their parents bailed them out. Or someone else did. Most of them have done jail time. A couple are dead. The parents have no idea why. They blame everyone but themselves.
My daughter avoided all that. She’s now got a great career i the Air Force. She credits her success to knowing there would be no bailouts and ‘excuses’ made for her. That she was responsible for her own actions.
IMO, lots of parents, even conservative ones, think sheltering their kids from the evils of the world will keep them safe. It’s my belief that most of the world’s Trayvons are created because they were never given/taught responsibility by their parents. And so they do any damn thing they want and expect that someone somewhere will bail them out.
That said, The prosecutor follows the same exact pattern. She feels no responsibility for her actions ‘knowing’ that the state/law will bail her out no matter what she does. There is no action/reaction for her. and like martin and a million other kids, she’s running wild because no one ever held her responsible for her own actions.
This entire system is not fixable. It has to eat itself and collapse before we can start over and do it right. Perhaps then responsibility for ones actions will rule the day rather than an entire cluster of law for personal benefit and existance for personal gratification.
/Rant
When would the Federal courts have the opportunity to get involved though? Don’t they have to wait until an appeal works its way up to them?
If I’m not mistaken, the prosecutor has immunity from civil suits, so I don’t think that would fly.
“Corey allegedly responded by threatening to sue Dershowitz and Harvard.”
Oh, boy this ought to be a beaut!! On what grounds would she sue them, or has she said? I think that here is just another out of control prosecutor who needs to be legally put down and severely embarrassed.
Thank you for your analysis.
On the grounds that she has been outed as bitter, vindictive and foul looking shrew by someone far out of her league in terms of.. well.. everything?
Its just not fair.
In this era of equality its only reasonable that Dersh submit to a lobotomy, gain 100lbs, and get cracked in the face a few times with a frying pan before further media appearances to even things out.
If she keeps it up, perhaps Dershowitz himself will take on the case.
Say she wins re-election, then gets disbarred. She could not continue to serve, could she?
Zimmerman's only hope is convincing the jury that he is black. Otherwise he is found guilty of being a racist bigot who murdered an innocent black child.
Maybe so, maybe no. I’d like to see the rest of the state’s evidence including the full tox screen and Trayvon’s phone records.
Charging Shellie reeks of desperation. The woman was in hiding. Not sure if there were any pictures of her before but she’s been outed and she’ll be the face on the next KKK/NBP poster.
Next thing you know, Corey will charge their dog with something.
Note that in the Affidavit of Probable Cause the prosecution did not use an ellipsis or any other indication to show that words were omitted.
If Florida Law permits prosecutors to do this, then the Law needs to be changed. Either way, this witch needs to be hounded out of office.
I don’t think they are immune to Bar complaints, there should be at least two in front of the Florida Bar right now.
Bookmark
Some of our in-house, corrupt big gov supporters are not going to like this!
Doh!
Write in someone.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.