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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: 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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