Skip to comments.Second-degree murder charge may be hard to prove in Trayvon Martin case
Posted on 04/12/2012 5:42:45 AM PDT by TigerClaws
Special prosecutor Angela Corey likely has an uphill climb to prove that George Zimmerman acted with the malicious intent required to convict him of second-degree murder in the death of 17-year-old Trayvon Martin, legal experts say.
(Excerpt) Read more at miamiherald.com ...
Very likely a judge - district or appeal - will boot the charges.
That is why this case could very well fall apart.
Trouble is, if you put it in front of a jury, anything can happen.
Don’t count on any judge dismissing the charges. Judges are not suicidal and dismissing charges against Jorge would be like signing your own death warrant. The mob wants blood. They will not stand for anything less than a murder conviction and every judge in Florida knows it
There is no mob!
Depends on what the idiot told the prosecutor yesterday ?
Talked with a friend from FDLE yesterday and asked him/her about it and he/she said the prosecutor must have compelling evidence to make the charge. I didn’t agree with him/her. I think this will either be thrown out or he’ll be exonerated.
The MOB is on stand-by and can be generated in a matter of minutes. Think Rodney King verdict.
This will all be thrown out!
NO such thing as a MOB.
Make sure to remember this pandering non-grand jury prosecution when FL Attorney General Pam Bondi runs for office again or seeks a federal job
The jury knows that they are in grave danger if they find him not guilty.
It’s a tough case for the prosecution, but it will not be dismissed. This IS going to a jury at some point. The mob must be placated. The problem is that it seems like a lot of people are getting tired of the mob.
I wonder if the prosecutor has more evidence than what has come out in the news or if she charged high hoping that Zimmerman will plea to a lesser charge.
Florida is one screwed up state. That Special Prosecutor sounded like she was campaigning for Atty. General. Her continued use of the term “Justice for Travon” illustrated the lynch mob mentality being controlled by Al “Tawanah Brawley”Sharpton. Zimmeramn better get himself a top flight lawyer and get a change of venue if he doesn’t want to spend the next 20 years in the can.
If it can be proved he turned back to as was going to the truck then it would be he who was stalked and attacked but that is the real question isn’t it and maybe the most critical part of this case.
I agree 100%.
the angle and proximity of the gunshot would make the case for whether Zimmerman was in a struggle or not
If his story is that teenager was on top of him pummeling him when they began to struggle for the gun, then the gunshot wound and other trace evidence would back up his story.
“..or if she charged high hoping that Zimmerman will plea to a lesser charge.”
It may be that the charge can’t be proven, everyone knows it, and the rest of this is kabuki theatre to placate the mob.
Frankly, only two people know what happened, and one of them is dead.
The Florida prosecutor might have trouble proving *her* charges but you can bet your bottom dollar that this nation’s Attorney Corporal won’t have any trouble getting a conviction.Unless,of course,he’s reduced to the rank of “private citizen” next January.
AG Bondi was a BIG Romney supporter before the Florida primary too.....I won’t be supporting her, ever again.
Probably new evidence that Z broke his own nose, slammed the back of his head on the pavement himself, paid off the witness to say that TM was on top of Z............... You know, that kind of evidence. Looking at the web and some of the commentary, rev. al and jessie and their pals such as the nbpp and naacp (bullies anyone?) don’t care about ANY evidence. If Z gets off on these charges, Sanford will not be a good place to be for a while. Or any big city for that matter. Justice will be gotten one way or another.
Helping keep mankind warm for almost 65 years.
You would *hope* that would be the case but I'll wager that it isn't.A desire to avoid "Rodney King II" is what's driving Florida's AG.
OTOH,Osama Obama's political survival is what's driving our *nation's* Attorney Corporal.I'd bet every nickel I have that a Federal indictment,on a charge that might even carry the death penalty,will be announced by the Department of Just Us in late October.
2 letters: OJ
Where have you been for the past month? Nearly every black person in America, plus a whole lot of self-loathing whites, want Zimmerman dead.
Truth be told, the old msm gin up the numbers in regards to the crowds, because they are not really many.
The charge against Zimmerman serves multiple purposes for the special prosecutor: it eases Black agitation in the controversy; it boosts her political standing; it will spur the effort to repeal the stand your ground law, which many prosecutors dislike; and an early airing of the evidence of self-defense in a hearing will be televised and is likely to vindicate Zimmerman and help him get his life back — at least in part.
the prosecutor isn’t interested in justice, they are interested in a conviction. its an adversarial system, designed that way. from her opening statement, the prosecutor has made that clear, her intention is to put zimerman away, thats all she cares about, it is her job.
zimmerman is now up against the state of florida. thats how the “system” works.
Would anyone be surprised if the Zman never walks out and has a heart failure or something...it may once again be expedient that one man die for a nation.
Que Al Sharpton and the rioters!
This is actually really easy.
The Prosecution MUST prove, beyond a reasonable doubt, that Zimmerman initiated force against Martin, by striking him, or by threatening him with violence.
If Zimmerman attacked Martin or threatened him with violence, then Martin’s violent response was entirely justified and Zimmerman is guilty.
If the Prosecution cannot prove this beyond a reasonable doubt, then Zimmerman is innocent.
Personally, I lean towards Zimmerman being innocent, but I don’t know all the evidence and we sure as heck can’t trust what we’ve heard and read in the Media. They’ve done nothing but try to inflame this. As somebody pointed out, Florida is a swing state, and the Democrats and race pimps (but I repeat myself) are going to exploit this for all it is worth.
And of course the evidence does not really matter. The jury will be twelve people too dull to get out jury duty, subjected to emotional appeals, and threated by racial violence. Expecting rationality out of them is foolish. Evidence probably won’t have much to do with their verdict.
And, in any case, innocent or guilty, Zimmerman is ruined. He will be bankrupt, likely unemployed, and a pariah outside the circle of his real friends.
Political Charge? This May Be Prosecutor’s Biggest Mistake
There were six witnesses to what happened and one of those witnesses was only 20 feet away.
Only when called by Eric Holder's inJustice Dept.
This is one case that screams out for a bench trial.
Your post contains the reasons why I think the best that can be attained is a hung jury, if it goes to trial. Some members of the jury will vote guilty no matter what evidence is presented.
The Holder-Protected New Black Panthers will put a price on the head of every juror, every court official including the judge, and the defense attorney.
This one will take years to sort out, just as the convictions on "Civil Rights" charges did in the case of the LAPD Sergeant who saved Rodney King's near-worthless life. Juror intimidation was rampant in that one, too. Blame it on George H.W. Bush, The Wimp in the White House at the time.
The Federal Government is now against Zimmerman. + IMNSVHO, this is NOT a "Stand Your Ground Case." It is rather a Self-Defense Case. Those facts released so far (www.sanfordfl.gov) seem to indicate that Z was attacked by M.
BTW, I urge everyone to actually read the dispassionate, factual, and extremely logical report released by the Sanford City Manager, Napoleon Norton. BTW, he is black.
Foreman of the jury will be an African American either on Welfare or a Government employee. Hope for one white juror brave enough to report juror intimidation.
And they need 6 levels of protection.
Who need to play six degrees of Kevin Bacon while they are being protected.
I don’t think Sam Waterson would have gone even as high as Man 1.
If they cannot get this tossed at the prelim phase, why would a bench trial before the same judge work?
Some say this will be a win for o turd, but in Fl, he already has about 95% of the black vote so what is to gain??
Frankly, if the hispanics see this as some kind of black verses hispanic thing and that gets laid at the feet of “if I had a son, he would look like Travon, it may be a good thing for the Mexican candidate.
“Remember the O. J. Simpson case with the right jury the evidence and facts are meaningless especially if the case is racially charged.”
Zimmerman should get the same benefit O.J. did, a jury of his peers.
Yes this is a deliberate overcharge. The prosecutor has no case and they know it but they need to mollify the blacks and MSM. At least when it gets kicked out or Zimmerman gets acquitted they can say they tried. If they were serious about a conviction they would charge negligent homicide or manslaughter.