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State Attorney Decides NO Grand Jury In Martin Case
BayNews 9 ^ | 9 April 2012 | Staff

Posted on 04/09/2012 9:00:31 AM PDT by rarestia

Headline only


TOPICS: Breaking News; Crime/Corruption; News/Current Events; US: Florida
KEYWORDS: florida; georgezimmerman; grandjury; trayvon; trayvonmartin; zimmerman
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To: snarkytart
Exactly. This could be a way for this wench to press charges knowing an anonymous grand jury would likely not find a reason to indict.

I don't know - I would think she would rather have the grand jury (anonymous non-politicians) take the blame either way. If she indicts him without sufficient evidence she may end up working for Mike Nifong's law firm.

51 posted on 04/09/2012 9:36:58 AM PDT by ALPAPilot
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To: Doctor 2Brains

And bankrupt him to force him to prove he was justified all along. A typical rat tactic. Oh, I bet the jury will be unbiased as well. It’s another OJ debacle soon to come.


52 posted on 04/09/2012 9:37:56 AM PDT by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: rarestia

Grand Juries leak.


53 posted on 04/09/2012 9:38:16 AM PDT by Crawdad
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To: Cboldt
Isn't Grand Jury federal?

If a Grand Jury finds nothing to charge him on that would kill any phony ‘civil rights’ trial/charges.

IMO that is why no GJ.

54 posted on 04/09/2012 9:39:42 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: Darren McCarty

“Why not we just wait for the final decision...”

Hey, I’m just asking questions.

And now, it could be a long wait - nobody will know when the riots are scheduled...to include Zimmerman.


55 posted on 04/09/2012 9:39:42 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: Cboldt
I don't think it means anything more than she sees this case as being within the spectrum of "usual business" for her office

I read elsewhere that, in 29 years, she has NEVER put a case up to a Grand Jury to decide charging.

56 posted on 04/09/2012 9:40:16 AM PDT by Oztrich Boy (This world is a comedy to those that think, a tragedy to those that feel - Horace Walpole)
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To: Manly Warrior

The announcement means the decision on charges now rests solely with Corey,..... who has a reputation for not presenting cases before grand juries if it wasn’t required.

Under Florida law, only first-degree murder cases require the use of grand juries.

“The decision should not be considered a factor in the final determination of the case,” a news release from Corey’s office stated.


57 posted on 04/09/2012 9:40:18 AM PDT by caww
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To: Crawdad

Plus, if the GJ no-billed the guy, the lives of all 23 members of the GJ would be in danger.


58 posted on 04/09/2012 9:41:20 AM PDT by Crawdad
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To: Arthurio

There is also talk of a civil trial for violation of civil rights.


59 posted on 04/09/2012 9:41:57 AM PDT by a fool in paradise (Barack Obama continued to sponsor Jeremiah Wright after he said "G.D. AMERIKKA!"Where's the outrage?)
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To: Georgia Girl 2

Seems to me it would be pretty difficult to charge him since no physical “evidence” was apparently saved and tested, clothing, etc. Unless of course, they haven’t revealed all they (the prosecutor)has.


60 posted on 04/09/2012 9:43:23 AM PDT by varina davis (A real American patriot -- Gov. Rick Perry)
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To: snarkytart
"Exactly. This could be a way for this wench to press charges knowing an anonymous grand jury would likely not find a reason to indict. "

I don't think so- I think that she knows that prosecutors can easily lead a grand jury to indict a ham sandwich, and with all the pressure on this case, that's exactly what will happen. Besides, it doesn't matter- Holder WILL prosecute regardless.

61 posted on 04/09/2012 9:43:30 AM PDT by matthew fuller (The Magic Mormon is now in position to re-elect the Magic Negro.)
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To: rarestia

Sounds like she’s going to prosecute.


62 posted on 04/09/2012 9:44:13 AM PDT by rockabyebaby (We are sooooooooooooooooooooooooooooooooo screwed!)
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To: rarestia
Grand Juries have another function heretofore ignored on this thread ... they can be used for discovery ... to gather evidence.

Refusal to use a grand jury can mean in this case that the special prosecutor basically has all of the facts that will be forthcoming. In other words, at this point in time, she's assembling pieces of the puzzle and working on her reports and/or filings.

63 posted on 04/09/2012 9:46:21 AM PDT by Zakeet (Obozo is to competent as an Etch-A-Sketch is to art)
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To: GOPJ
Zimmerman said the shooting was in self-defense. Sanford police didn't arrest Zimmerman based on its investigation...

Emphasis yours - but Sanford PD legally couldn't arrest Zimmerman based on its investigation. Not just wouldn't.

64 posted on 04/09/2012 9:46:21 AM PDT by Dan Nunn (Support the NRA!)
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To: snarkytart
Yeah, 'dozens'...LOL

Young college students are the holy grail of the democrat 'we're cool' bullsh*t meme.

Since dems aren't attracting the young, they hire them off Craig's List - and no, they didn't walk over from Daytona Beach... For reason's unknown (/s) the MSM never catches democrats at these easy to discover lies...

65 posted on 04/09/2012 9:46:39 AM PDT by GOPJ (Hoodies - because you can't kill a security camera for snitchin' - - freeper tacticalogic)
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Comment #66 Removed by Moderator

To: a fool in paradise
There is also talk of a civil trial for violation of civil rights.

State attorneys have nothing to do with Civil Trials unless the state is suing, and that's usually a case of state vs city.

It is almost never state vs person, unless it's a traffic ticket with civil infractions.

There might be criminal statutes of "violation of Civil Rights". Usually that is from the feds and reserved for government officials, so I'll be irate if that charge is filed by the feds. I'll join those claiming a witch hunt if that happens.

67 posted on 04/09/2012 9:47:58 AM PDT by Darren McCarty (Time for brokered convention)
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To: Dan Nunn

Why is that?


68 posted on 04/09/2012 9:48:33 AM PDT by GOPJ (Hoodies - because you can't kill a security camera for snitchin' - - freeper tacticalogic)
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To: rockabyebaby

I have a feeling that Zimmerman has disappeared so far underground that the law will never find him. Peru, maybe.


69 posted on 04/09/2012 9:48:41 AM PDT by Ciexyz
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To: Ciexyz

I’m sure the police know where Zimmerman is - he’s hiding from the Black Panthers KKK group - not from the law.


70 posted on 04/09/2012 9:50:20 AM PDT by GOPJ (Hoodies - because you can't kill a security camera for snitchin' - - freeper tacticalogic)
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To: Dan Nunn
Emphasis yours - but Sanford PD legally couldn't arrest Zimmerman based on its investigation. Not just wouldn't.

Don't read too much into that. All that means is that after Zimmerman was detained for the manslaughter investigation, they did not have probable cause to hold him. You can not arrest without probable cause of a crime. At that time (pre-forensic testing, etc), there wasn't probable cause.

71 posted on 04/09/2012 9:50:51 AM PDT by Darren McCarty (Time for brokered convention)
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To: Dan Nunn

“This doesn’t mean he won’t be charged.”

Agreed, I think it means the prosecutor intends to charge. They didn’t go the Grand Jury route because they knew the evidence was insufficient to get an indictment.

The prosecutor is almost forced by the situation to charge Mr. Zimmerman, although he/she knows that a trial is a waste of time. Zimmerman will not be found guilty of manslaughter by a jury. The “beyond a reasonable doubt” will keep that from happening.


72 posted on 04/09/2012 9:52:19 AM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: rarestia

This was not unexpected. A FREEPer who lives near Sanford posted a few days ago this was very likely..but the brain dead media, awaiting to be spoon fed, is acting like this is a big deal.

Meanwhile, the Florida and national media, by and large, IGNORE Al Sharpton’s LIE about being in Sanford on Easter.


73 posted on 04/09/2012 9:53:32 AM PDT by SoFloFreeper
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To: GOPJ
Why is that?

Presumption statutes. In common law, self-defense is considered an affirmative defense of a crime and the defendant claiming it has to prove it was self defense based on a preponderance of the evidence (a level less than probable cause and much less than beyond a reasonable doubt). In some states's like Florida, the prosecution has to prove it wasn't self-defense beyond a reasonable doubt.

74 posted on 04/09/2012 9:54:06 AM PDT by Darren McCarty (Time for brokered convention)
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To: rarestia

This means that the prosecutor has decided that she can bypass the Grand Jury and indict Zimmerman without them if she feels the results of the investigation warrant it.

Translation: The Fix is in and Zimmerman is soooooooo screwed.


75 posted on 04/09/2012 9:54:37 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
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To: rarestia

So now what?


76 posted on 04/09/2012 9:54:59 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: rarestia

I thinking Holder’s office has already talked with her and approved this course of action.


77 posted on 04/09/2012 10:01:02 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: TomasUSMC
Three times in as many days I have noticed 2-3 blacks in hoodies, hoods up, inappropriately, where I have never noticed them before. The grocery store, Walgreens and a pet supply store. They made no purchases, just wandering around. The weather has been very warm here, no need for hoods.
Something is up. Would love to hear what's being said/coordinated in black churches right now. I am several states away from Florida.
We might not think there is a race war, but they do.
78 posted on 04/09/2012 10:01:41 AM PDT by VA40
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To: Arthurio
Don’t consider this good news, a Grand Jury could issue a “no bill” and end this farce. The prosecutor could charge him without a grand jury.

Correct, but there may be a bit of good news, the prosecutor may strongly believe that any Grand Jury would issue a "no bill", making him fearful of any jury and Nifong's fate.

79 posted on 04/09/2012 10:05:07 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it and the law is what WE say it is.)
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To: snarkytart
This could be a way for this wench to press charges knowing an anonymous grand jury would likely not find a reason to indict.

Let her try. Once Hispanics see this guy being railroaded they'll be hitting the self-destruct button on the Democrat Party.
80 posted on 04/09/2012 10:06:03 AM PDT by Buckeye McFrog
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To: Beagle8U
-- Isn't Grand Jury federal? --

It can be. This one isn't. States have grand juries too. The only grand jury that Corey could possibly have access to is a state grand jury. She MUST use one if the case is a capital offense (murder, essentially), and may, at her discretion, use a grand jury for lesser offenses.

She has the power to charge or indict lesser offenses without a grand jury.

81 posted on 04/09/2012 10:06:49 AM PDT by Cboldt
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To: Oztrich Boy
-- I read elsewhere that, in 29 years, she has NEVER put a case up to a Grand Jury to decide charging. --

Never a case that involved self-defense. She decides whether or not to charge those cases without presenting the evidence to a grand jury.

I'm sure she's used a grand jury. She has to, under the Florida Constitution, for a capital offense.

82 posted on 04/09/2012 10:09:29 AM PDT by Cboldt
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To: freeangel
“The prosecutor could charge him without a grand jury.”

The prosecutor COULD charge him, but the grand jury is a prosecutor's friend. The GJ works for the prosecutor, by their assessment of whether there's enough quality evidence and/or likelihood of a guilty verdict being made to proceed with a trial.

83 posted on 04/09/2012 10:10:13 AM PDT by Lou L (The Senate without a filibuster is just a 100-member version of the House.)
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To: rarestia

We’ll get to see more of just what kind of person US Attorney General Eric Holder is when “[his] people” react to this.


84 posted on 04/09/2012 10:11:47 AM PDT by CodeToad (I'm so right-wing if I lifted my left leg I'd go into a spin.)
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She knew there was not enough evidence for the Grand Jury to return a Bill. But she wants to indict Zimmerman out of political convenience. Despicable.


85 posted on 04/09/2012 10:14:33 AM PDT by Godwin1
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To: Godwin1

Another minority Democrat victim of a tough on crime conservative Republican


86 posted on 04/09/2012 10:18:08 AM PDT by Oztrich Boy (This world is a comedy to those that think, a tragedy to those that feel - Horace Walpole)
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To: Cboldt
OK, thanks.

I still think her choice is related to keeping the civil rights option open.

I think a inditement on ‘something/anything’ has to happen before those charges can be made.

87 posted on 04/09/2012 10:23:52 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: FReepers



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88 posted on 04/09/2012 10:25:51 AM PDT by onyx (SUPPORT FREE REPUBLIC, DONATE MONTHLY. If you want on Sarah Palin's Ping List, let me know.)
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To: Cboldt
OK, thanks.

I still think her choice is related to keeping the civil rights option open.

I think a inditement on ‘something/anything’ has to happen before those charges can be made.

89 posted on 04/09/2012 10:25:51 AM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: Godwin1

I disagree. Prosecutors don’t like to lose high profile cases.


90 posted on 04/09/2012 10:26:16 AM PDT by ironman
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To: mrsmith
True, sometimes the world is much worse than I’m inclined to think it is.

I used to be that way too, but eventually the world wore me down.

91 posted on 04/09/2012 10:27:34 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: rarestia
If the case goes to the grand jury, and they issue a "no bill" judgement, then that's it as far as any state-level prosecution is concerned. Due to the "double jeopardy" clause Zimmerman could not thereafter be prosecuted even if new evidence turned up.

By not using the grand jury, she can declare they are not going to prosecute, yet leave the door open to change her mind later.

92 posted on 04/09/2012 10:32:08 AM PDT by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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To: RIghtwardHo
Quite frankly, I think it means she is MORE likely to charge him.

Wishful thinking on your part? See...

As a former Prosecutor, I have gone on record (to the consternation of some here) that I believe Zimmerman should be arrested and charged with manslaughter,...

93 posted on 04/09/2012 10:35:48 AM PDT by Ken H (Austerity is the irresistible force. Entitlements are the immovable object.)
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To: Beagle8U
-- I still think her choice is related to keeping the civil rights option open. --

We don't know what her choice is, yet. All we know is she'll reach a conclusion without involving a grand jury.

-- I think a inditement on `something/anything' has to happen before those charges can be made. --

The feds can make an independent charge, but there has to be "hate" as THE reason for the offense, plus there has to be the offense in the first place. The feds CAN charge in the absence of a state charge; or even a second trial in addition to a state trial. There can be two convictions, two acquittals, or a mix. BUT, if the use of force is justified - if that is what the state finds, officially, the feds would be playing with fire to retry THAT aspect, and then pile "he did it because of HATE" on top.

Technically, the feds can do that - it'd be irrational, but the federal government is known for being irrational. All that said, I don't think the feds would do that, in this case. There is no evidence that supports prosecution - not a shred.

94 posted on 04/09/2012 10:36:28 AM PDT by Cboldt
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To: Cboldt
There is no evidence that supports prosecution - not a shred.

Doesn't matter. Obama weighed in on the case, so they HAVE to get a conviction to save his reputation.

95 posted on 04/09/2012 10:39:40 AM PDT by Cementjungle
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To: RIghtwardHo
Quite frankly, I think it means she is MORE likely to charge him.

I agree. I hope we're wrong, but unfortunately I agree.

96 posted on 04/09/2012 10:40:15 AM PDT by Cubs Fan (if it weren't for double standards the left wouldn't have any standards at all)
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To: rarestia

Tawan Brawley, Duke LaCrosee were just practice runs, since then the the media and the racial jihadists have perfected their methods. This time they won’t stop until they get their way.


97 posted on 04/09/2012 10:45:07 AM PDT by Cubs Fan (if it weren't for double standards the left wouldn't have any standards at all)
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To: Darren McCarty; GOPJ
All that means is that after Zimmerman was detained for the manslaughter investigation, they did not have probable cause to hold him.

Not quite. Zimmerman claimed self defense. Under the Florida Stand Your Ground law, Florida statute 776:

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

Emphasis mine.

98 posted on 04/09/2012 10:48:17 AM PDT by Dan Nunn (Support the NRA!)
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To: GOPJ
Text of Florida's Stand Your Ground Law. According to section 776.032 (Immunity from criminal prosecution and civil action for justifiable use of force), the police "may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful".

Unless the police have good probable cause to believe that it was NOT self-defense, they are not allowed to arrest him.

99 posted on 04/09/2012 10:48:49 AM PDT by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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To: Buckeye McFrog
Once Hispanics see this guy being railroaded they'll be hitting the self-destruct button on the Democrat Party.

Don't be too sure. Did the NAACP raise a fuss about how Clarence Thomas was treated? Did they say anything about attacks on Condi Rice? On Herman Cain?

Did NOW say anything about the vile things said about Sarah Palin?

100 posted on 04/09/2012 10:51:51 AM PDT by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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