Posted on 04/12/2012 9:52:21 AM PDT by 2ndDivisionVet
No way will a Sanford judge rule to acquit...that judge would be the next person lynched.
First he needs to get the trial moved out that area and then he may have a chance.
I highly doubt he will be convicted of second degree murder. If his lawyers are any good, however, they will try to move the case out of Sanford.
Oops, I see he gets to that point.
Uses the wrong standard of proof though. At trial, the state must prove (the burden at trial goes to the state) that Zimmerman did NOT act in self defense. At trial, the presumptions run strongly in Zimmerman's favor - more strongly that at the pretrial hearing.
Those in charge in Tallahassee have decided,rightly or wrongly,that the only important issue here is to avoid Rodney King II.As a result a trial *will* take place and every effort will be made to get a conviction.The only thing that can save Zimmerman,in state *and* Federal court,is at least one juror in each trial he’s subjected to.
Move the case to Los Angeles!
Once the procecution lays out their case we will have an idea on if this is just political or if there is a real case to be made against Zimmermann.
I decided long ago not to jump to conclusions about that aspect even though A Sharpton and Jesse make it look like another hoax, Hoax/scams are their trademark.
Don’t bring it to Tallahassee. I don’t want that crap here. Let Miami have it.
reason to believe not in self-defense = indictment
preponderance of evidence was in self defense = dismiss
beyond a reasonable doubt was in self defense = acquit
The first standard is barely anything, hence, a good district attorney can indict a ham sandwich.
The second standard is what the police used in deciding, on the spot, not to arrest. If there is no evidence beyond what the police had, a motion to dismiss is in order.
The third standard is a tough one, and rightfully so. Even if a court does not dismiss, it cannot be presumed that the accused will be found guilty.
And, yes, I too am wondering where the element of depravity and disregard for human life came in. Maybe the special prosecutor has a thing about ham sandwiches.
I suspect the state is counting on the mob intimidating the judge sufficiently that the pre-trial motion will fail. Venue arguments are going be really interesting here. Time to dig out the litigation history on the Sam Sheppard case.
All things considered, it is quite possible that Zimmerman will be found not guilty. When that happens, having personally experienced the riots in SF and Oakland after the Rodney King case back in April of 1992, I fully expect "Holder's People" to do what they have always done when their collective rage is not placated.
They will go berserk.
the judge could also reserve ruling and allow the case to go to trial. Reject the motion and the motion reconsidered on appeal.
This step is really about preservation for appeal.
Wrong! It is not the obligation of the defense to prove anything. It is the obligation of the prosectution to prove it was a crime "beyond a reasonable doubt". The prosecution only needs to show reasonable doubt, that it might have been self defense.
Self correction” I meant to say “The defense only needs to show reasonable doubt, that it might have been self defense”.
Mr Zimmerman is caught. The AG hasn’t ruled on this yet. I doubt he will get out jail except one way.
Better punctuation to express your meaning:
The defense only needs to show reasonable doubt—that it might have been self defense.
It's worth noting that Martin was killed in an event that occurred a full three weeks (Feb 26) before it became a national news story.
Further, the event was fully reported in the local media the very next day -- by Orlando TV stations and the newspaper.
And nothing happened. No outrage, no marches, no protests.
It's also worth noting that all of the local news stories led with the eyewitness account which described Zimmerman as being on the ground having the crap beaten out of him, while screaming for help.
Recall that it took days for this eyewitness to emerge in the national stories.
Will any local jurors allow the initial absence of outrage to impact their judgment? I don't know.
But it should...
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.