Skip to comments.Harvard Prof. Alan Dershowitz: Zimmerman Arrest Affidavit ‘Irresponsible And Unethical’
Posted on 04/12/2012 3:51:09 PM PDT by 2ndDivisionVet
Harvard University law professor Alan Dershowitz appeared on MSNBCs Hardball where fill-in host Michel Smerconish asked him his opinions of the arrest warrant issued and carried out for alleged Trayvon Martin murderer, George Zimmerman. Dershowitz called the affidavit justifying Zimmermans arrest not only thin, its irresponsible. He went on to criticize the decision to charge Zimmerman for second degree murder by special prosecutor Angela Cory as being politically motivated.
Youve seen the affidavit of probable cause. What do you make of it, Smerconish asked. It wont suffice, Dershowitz replied without hesitation.
Most affidavits of probable cause are very thin. This is so thin that it wont make it past a judge on a second degree murder charge, Dershowitz said. Theres simply nothing in there that would justify second degree murder.
Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. Its not only thin, its irresponsible, said Dershowitz.
Dershowitz went on to strongly criticize Corys decision to move forward with the case against Zimmerman. I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged. This case will not if the evidence is no stronger than what appears in the probable cause affidavit this case will result in an acquittal.
Smerconish identified the total lack of any mention of the supposed fight that occurred between Martin and Zimmerman prior to Martin being shot. He said he was disappointed that he did not see any mention of that conflict that led to Martins murder.
But its worse than that, said Dershowitz. Its irresponsible and unethical in not including material that favors the defendant.
This affidavit does not even make it to probable cause, Dershowitz concluded. everything in the affidavit is completely consistent with a defense of self-defense. Everything.
Watch the segment below via MSNBC:
(VIDEO AT LINK)
On live TV the judge asked where was Zimmerman. His lawyer said, right here standing next to me, and the judge replied, “Oh, I didn’t recognize him.”
Seems the news media has plastered a doctored image so much of Zimmerman being pasty white that not even the judge recognized him.
See earlier post in that she is from the Jacksonville area office, not Orlando (Sanford) area. They say she is a tough prosecutor but I saw her as more of a political animal than that of a tough law and order person when I got to see her one on one at the local REC meetings when she was elected. I was not very impressed. I have since quit the REC because all it became was just another rooting section for the establishment.
She replaced a guy named Shorstein who was also touted as a tough prosecutor but he also never saw a railroad job he could refuse.
Dershy likes seeing his name in print.
Yes, three years ago.
Agreed. I can't see it happening though. I can't imagine his respect for the law extending to actually defending someone that is so reviled by the left. His comments, surprising as they are, have a lot of wiggle room as regards future comments and actions.
Who the hell do they think invented “profiling”? Yes, its the FBI. The nsa should take note. It works. And PREVENTS civil rights violations.
One of the biggest mistakes they could make is to televise this trial. It needs to be as closed door as possible.
While I agree that the charges are "irresponsible" I frankly think that Corey knew that if she didn't bring the charge of "Murder" that not only would her career have been in jeopardy, but also her life. This lynch mob would not have been satisfied with a manslaughter charge. They want Zimmerman's blood and they will not be satisified until he is in prison or dead and anyone who stands in the way of this mob had better watch their backs.
I have been studying law for 30 years and I have never seen such overcharging on such flimsy evidence. Perhaps the Duke LaCrosse case exceeds this one, but not by much.
Dershowitz is right. The charges are irresponsible and unethical. The question is will the trial judge throw the book at Corey or at Zimmerman? If he values his life, he will just let the injustice ride. If the judge is reasonable and brave, he or she will toss the indictment out with the evening trash. This is garbage.
If there is a conviction you can bet your bottom dollar that Dershowitz will handle the appeal. He likes to win. Winning raises his fee on hard cases. This one will be a walk in the park.
First I ever heard of the guy, but apparently Morton D respected his opinions, so I watched. Dershowitz pulls out a gem from the dung pile once in a while.
perhaps she overcharged because losing would be justice
She gets to claim a murder charge
She gets to have a trial
he gets to be acquitted
time gets to pass
He’s obviously going to have to move to another part of the country and change identity.
“) I wouldn’t count on any judge doing the right thing with the whole world watching “
I agree. It would take courage.
Remember the nimrods on the FL Supreme Court during the Bush v. Gore case? Thoroughly political hacks. So whose to say the the FL trial judge reviewing the affidavit of probable cause won’t be cute from the same cloth?
Zimmerman should come to Texas.
This beast is on a power trip.
Scott was smart in naming her, she's expendable, a loose cannon, and a moron.
All blood spilled going forward is on her greasy fat little fingers.
Upon taking office, Corey terminated 10 assistant state attorneys, over half of the investigators, and 48 support employees. In 2010, the Florida Times-Union reported that Corey sent 230 juvenile felony cases to adult court in 2009. This amounted to twice the number of juvenile felony cases placed in adult court in the years prior to Corey becoming State Attorney.
Corey is State Attorney for $th judicial Circuit and Wolfinger Is State Attorney for 18th District.
You maybe right but I think Scott had a reason to keep Wolfinger out of the local fray to protect Wolfinger’s career and Seminole county, where I live.
Have a great evening. Stay safe.
What is the timeline for all this?
If the judge was going to throw it out, when would that happen?
If the judge doesn’t throw it out, how long would it take to get a jury together and start the trial? Would you assume that the defense would use procedural maneuvers if necessary to ensure that the trial would be after the election?
I do believe there is an agenda by the Obama people. They want race riots - or at least want it to appear that they can call for race riots and get them whenever they so desire. It makes it easier to control powerful people if they think you’ve got an ace card like that.
Angela Corey may have her reasons for doing this, and it could be her own political gain/protection or it could be to calm things down from the boiling point so that reason and the facts can eventually prevail.
But the Obama people also have their reasons to pressure for various things, and if a judge throws this out it will provide the perfect excuse for race riots. The question is whether the timing of it would serve their purposes.
I noticed her Cross... it reminds me of Pontius Pilate.
And I hope he takes them to the cleaners.
LOL... way to go, judge.
The browner Zimmerman is the better. It’ll throw so many people off of the BS media narrative they won’t know what’s going on.
I was thinking the same exact thing.
Makes even more sense when you know why -- Corey has screwed up this ongoing case below, hanging like a dark cloud over her re-election chances...
She's trying to elicit a plea from a ["white Hispanic"] 12-year-old that she overcharged as an adult.
Cristian Fernandez case
"In 2011 Corey's office oversaw a case in which 12-year-old Cristian Fernandez was accused of killing his two-year-old brother. Corey sought and received a grand jury indictment Fernandez on charges of homicide and aggravated child abuse, and decided to try him as an adult. This move, which made Fernandez the youngest person ever to face a murder charge in Jacksonville's history, drew criticism and protests to send the case to juvenile court instead, but Corey held that the juvenile system was inadequate to handle a crime of this magnitude. However, Corey stated she did not intend for Fernandez to stand trial or serve a life sentence, but would rather accept a plea deal. As of February 1, 2012 the defense and prosecution had not agreed to a plea deal, but were still in discussion. A trial was scheduled for February 27, 2012, but was postponed."
FoxNews: "But on Cristian's behalf, there is international outrage. More than 170,000 people have signed an online petition, urging the prosecutor to treat the 12-year-old as a juvenile, not as an adult. [Corey] disagrees, and says Florida law is Florida law.
Complicating the Fernandez case is the role of the mother, Susana. Police say during the several hour window between when David was injured and she drove him to the hospital, her laptop shows that she searched what to do about an unconscious boy, checked her bank and downloaded music, before finally taking 2 year old David to the hospital.
A doctor at St. Lukes told a police officer that had 2 year old David been treated sooner, he may have survived."
Wonder what Little Miss Nifong will think when she reads this.
Whoa. Dovetails with my #72. Doubling down on juvy's is a cheap way for a prosecutor to make a headline. Note how she out and out admitted that trying a 12-year-old in an adult court was her way of forcing a plea. That's not justice.
O'Mara should make himself aware of Corey's fatazz cheesy tactics and tell her to shove any plea talk. "Dismiss or bring us a jury!"
D’uh. I’m not even a lawyer and I can figure this one out, and I didn’t stay at a Holiday Inn Express last night.
I think this is a Section 1983 civil rights case against that tub assed Tammie using color of law to abuse a man on the basis of his race. She is vulnerable to liability under that cause of action and time will tell.
I was flipping the dials at that very time, heard he was coming up, listened to the whole thing and was NOT surprised by what he said! Was hoping he would say exactly what he said.
This guy is able to put aside his partisan hat, has done it before, I applaud Alan Dershowitz!!!
Alan and I were also on the same side in the Woodward Nanny trial. Alan also came to the defense of Gov Sarah Palin as well... Lets give credit when it is due
He can do it at the preliminary hearing. If it is done there, then the prosecutor can refile the charges by going to the grand jury, but if the judge dismisses the charges after the trial has started, then the prosecution cannot re-file.
This may be a tactic to pass the buck to the presiding judge and let him dismiss the charges. Then the prosecutor can take it to the grand jury who will also dismiss the charges. Then I believe it is "game over". It is interesting to note that Corey decided to forego the Grand Jury and instead bring charges under an information and then force the matter to a preliminary hearing. I think she knows she has no case but she wants to pretend she does and then go to the prelim where the charges will be dismissed and then go to the grand jury, where the same charges will be dismissed.
I have trouble believing that she is so stupid as to not know that she doesn't have a prayer for a murder conviction on the information she has filed. But then she is a government employee.
WOW!!! Double WOW!!!
This is incredible! Harvard liberal leftist Alan Dershowitz slamming the 2nd degree indictment as irresponsible & unethical. FINALLY a liberal with some degree of integrity (and balls) to publicly denounce this for what it is.... a political monkey trial, witch hunt, pandering to a lynch mob, politcally motivated, and so on.
Dershowitz just completely bitch slapped & humiliated Angela Cory in accusing her of being "politically motivated" by filing this 2nd degree murder affadavit on such weak & indefensible grounds. ESPECIALLY after Cory made such a big deal & statement yesterday that the indictment was NOT based on political expediancy or pandering to the real racists (about 98% of the black community).
These statements by Alan Dershowitz are sure to cause a huge consternation within the black racist community & the perpetually guilt ridden whiteys. I hope this incredible accusation by Dershowitz will cause other major lefties to step forward, and denounce this sham of a 2nd degree murder charge as being a politically motivated witch trial & capitulation to mob rule by the black racist community.
I think it is fair to say that Alan Dershowitz can now cancel his plans to attend next year's NAACP convention, as he has instantly become persona non grata by the black racists & hate mongers.
I hope Zimmerman gets every cent coming to him, because he is going to need it. The lynching he has received from the media has made him the most hunted man in the world. He will need all the money in the world for all the hiding he will have to do, once he is “free” again.
The preliminary hearing is at the end of May?
That assumes a private citizen can be charged with violating the civil rights of another.
Say what you will about Mr D, he does exhibit intellectual honesty at times.
An A+ for that post!
In other words, there was no investigation. Not by Angela Corey and her posse of tards, anyway. This has been a production of race-baiting lefties from start to finish and Dershowitz is right in that a reasonable judge will throw all of this nonsense out.
OMG! Getting a conscience?
That's the wild card here.
The only way the outcome won’t cause race riots is if it goes to trial and a jury of only blacks is chosen and THEY vote not guilty.
What’s the chance of that?
(About the same as a white guy whistling his way thru Harlem after midnight)
Maybe that’s why the Special Prosecutor brought a 2nd degree murder charge in the firsr place. It won’t fly.
That's what Bitch Corey wants. She's already got Sanford, FL to take down the meager evidence they made public.
This needs to over soon, along with Corey's public career.
I agree, this is what should happen.
However there is always the chance the jury being stacked with black racist, just like what occurred in the OJ trial.
Ms. Corey the prosecutor, is a freaking clown, and her news conference "Speech" was a sad painful joke.
Got news for ya, in a major event, CCW permit means nothing, zip.
Korean business owner protect their businesses from the rooftops in Los Angeles during the 92 riots.
I suspect Zimmerman may be a “marked man”, no matter what comes of the trial ahead. There’s been so much publicity, so much rhetoric that has crossed the line, and so many complicit members of the media. And, unlike in past trials of this magnitude, the technology available today makes returning to anonymity next to impossible.
If Zimmerman is convicted of murder, someone will likely try to “get to him” in prison in retribution. If he is found not guilty or the charges are thrown out, he’ll probably have to look over his shoulder every time he leaves his house for years to come.
What the prosecution is aiming for is a lynching to satisfy the Black mob howling for Zimmerman’s blood; it couldn’t be more plain and simple.
>>It depends on the make up of the jury.
Dershowitz is saying it will never make it to a jury. As much as I dislike his politics, he definitely knows his law both in theory and practice.
He’s seen the affidavit as is of the opinion no matter how bad Zimmerman could be made to look - taking the extreme - even if he provoked Martin [he said] there is nothing whatsoever there to support a murder 2 charge. He also intimated that it is not a ‘stand your ground’ situation - just simple self-defense.
CCW just means you're more likely to be armed if TSHTF when you happen to be on the street. In most "shall issue" states, that means that in any crowd of thirty, there will likely be one or two CCWs.
Within an hour of TSHTF, you will have 150 million gun owners at DEFCON 1.
Staying with his mom's relatives in Peru for a year would be what I would advise.
Politically, it would be to the advantage of the Republicans to stall this out past November. There’s a limit to how long the race baiters can keep their followers excited about this.
I don’t believe Dershowitz has ever been the leftist nutcase that some have considered him to be. He may be left of Clarence Thomas but he would be a far better supreme court justice than any of the women now on the supreme court. Of course my saying that amounts to damning him with faint praise.
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.