George Zimmerman: Self-defense hearing could dismiss death charge(FL)

orlandosentinel.com ^ | 11 April, 2012 | Henry Pierson Curtis

[marktwain]

George Zimmerman can ask to have the second-degree-murder charge against him dropped without having to stand trial in the death of Trayvon Martin.

Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.

The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed, the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show.

The state's "stand your ground" law passed in 2005 says:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony."

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Berman said he thinks Mark O'Mara, Zimmerman's lawyer, will request an evidentiary hearing as part of his defense of Zimmerman's "stand your ground" claim.

[P-Marlowe]

That assumes ZImmerman willingly presented the firearm. Given the incredible amount of restraint the majority of known evidence indicates, I do not believe the gun was intentionally displayed.

I think you can assume that after you are rendered unconscious by your attacker that he will find the gun no matter where you concealed it.

Zimmerman had to assume that the guy who attacked him and was pounding his head into the concrete was not only going to take the gun from him after he was out, but to use it on him to eliminate any potential witness to the attack.

Let me ask you if you had a gun and a guy you didn't know and whom you suspected to be a burglar or other felon had you down on the ground and was bashing your head against the concrete, do you think you would not hesitate to pull out your gun from it's concealed location and use it?

Would you feel OK with the knowledge that if you were knocked out, that the attacker would not find the gun and use it on you because you had not "displayed" it?

[lacrew]

Per wikipedia:

“She said that she heard the sound of pushing and that Martin’s headset suddenly went silent, leading her to believe that he had been pushed. She attempted to call him back immediately, but was unable to reach him”

And her statement is mentioned in the charging affidavit.

[Friendofgeorge]

I am with you 100%, the entire charge against Zimmerman is OUTRAGEOUS

[floriduh voter]

I see dead people.

[Friendofgeorge]

I read the article, makes zero difference what they said then, these folks make up the rules as they go along. Matters not what they said yesterday,if a case is political the law and reasoning go out the window.

[Cheburashka]

You’re evading the question, why has there been no mention . . . none . . . of Zimmerman’s “datniggytb” account?

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I'm evading no question. If you have no citation I assume the account doesn't exist.

If phony “social” accounts are so easy to manufacture, how can you be sure that “@no_limit_nigga” is an actual account belonging to Trayvon Martin?

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1) The thought occurred to me at the time that Martin account could have been phonied up as well, and I know of no proof that it was not.

2) I am not citing the Martin account as proof of anything, you are citing some Zimmerman account as proof of something. I have nothing to prove, you do. So prove it. Or don't. Your decision.

[floriduh voter]

That made up nonsense is from the charging Affidavit by the State Attorney but she’s a troll too?

[TigersEye]

I didn't call you a troll so that comment makes no sense.

George ssaid, it was f'n cold.

That is in the charging affidavit? Link please.

Let's not forget that I was replying to your accusation that I was "still going over the audio." An utterly stupid remark since I was giving info to someone who asked for it.

[TigersEye]

You could save yourself some argument on that point if you would just read the thread. Or even easier just check the replies to her post. post #37

[floriduh voter]

The DA is unsatisfactory to many posters here. She was called some great names as have I. Do a search for George Zimmerman Charging Affidavit and I think you can find it.

[Cheburashka]

I never spewed venom about anyone. Try to follow who posted what - I know it's difficult for you Einstein but try to make the effort.

---

I refer you to post #18 above by someone calling himself “circlecity”. I quote:

“Is there *any* doubt that the girlfriend will lie her a$$ off...”

Venom? Or a sweet bouquet of flowers and complements to a person you do not know? Perhaps someone else is posting as "circlecity" besides you?

[cynwoody]

If phony “social” accounts are so easy to manufacture, how can you be sure that “@no_limit_nigga” is an actual account belonging to Trayvon Martin? Citation, please . . . a reliable source, not a news story or site that merely mentions the account.

The account was deleted, and the Google cache is now also gone.

However, I found the Google cache before it was gone, and it was for sure Trayvon Martin's account. The cache entry was dated Feb 6, 2012 12:29:45 GMT. It contained a birthday greeting from the lovely and charming EatYhurBrainz, aka Kia (whose ballistic background pic would have pleased Doc Edgerton). Kia turns out to attend the same high school as Martin. And her greeting would have been sent on the evening of 5 February. Martin was born on 5 February 1995.

Martin's Twitter account handle was NO_LIMIT_NIGGA (all caps). He listed his name as SLIMM, his location as YO HOE CRIB, and his favorite website as LIES.COM. Dude liked caps!

Oh, and speaking of background pictures, the one Martin chose to tile beneath his Twitter droppings was this:

That's the mugshot of rapper Corey Miller, aka C-Murder, who is doing life without parole for beating up and shooting to death 16-year-old Steve Thomas in 2002 at a night club in Harvey, Louisiana. Quite the role model for an up and coming wannabe gang banger, don't you think?

BTW, Martin's NO_LIMIT_NIGGA handle would appear to allude to C-Murder's record company, No Limit Records.

[PhilDragoo]

Why didn’t Trayvon call 911? Hands busy bashing a head?

[TigersEye]

The DA is unsatisfactory to many posters here. She was called some great names as have I.

What does that excuse have to do with anything? If you have called her names why accuse me, as if it were a bad thing, of calling her a troll. Particularly in light of the fact that I didn't. Are you on drugs?

[moehoward]

Why add an unsubstantiated unconsciousness to the mix?
And once a reasonable certainty of serious bodily harm is established, any supposition of the perpetrators previous legal history is irrelevant.

Point is, Zimmerman’s history of respect for law enforcement (ancient history aside) and the training he received from the sheriffs dept. instilled in him a certain amount of procedural restraint. Otherwise that gun would have come out the second he ran into Martin again. But it didn’t.

My hypothesis is, Zimmerman, expecting a patrol car any second, backpedaled and fended off Martin’s advances as long as he could. Martin gained the upper hand and the gun was exposed as a result of the struggle. Martin went for the weapon, that’s when Zimmerman’s cries for help began. Some 40 seconds later the trigger is pulled.

[cynwoody]

the police did not use Trayvon Martin’s cell phone to identify him early on, and did not check his calling history during the time in question.

Some time ago, ABC published an article about the girlfriend and the phone calls. It had a photo of the T-Mobile bill for Martin's phone:

We see the two calls he received just before the fight. Then there is a gap until March 2, at which time someone used his phone to call 911.

Hmmm. Could that be when the Sanford PD finally got around to investigating the phone? Could the 911 call be the Sanford PD calling themselves in order to find out the phone's number?

It may be that the phone was passworded. Passworded phones can usually be used to call 911 without needing to know the password, I believe. If the phone was passworded, the police would have needed T-Mobile's assistance for any investigation other than discovering the number by calling themselves.

I think I read that Martin was carrying no ID. So, his phone would have been the quickest way to identify him, I would think. Why did it take until March 2?

[kevcol]

The PD coverup just didn't work. The Sanford Police Chief should just resign cuz it's going to get worse for him as the evidence and the omissions start to drip out in trial.

Chief Lee already resigned, weeks ago in fact as soon as the race baiting circus act came into town.

"Sanford Police Chief Bill Lee said that he stands by his department's initial investigation but that he is stepping aside to avoid being a distraction. The case has been drawing widespread national coverage amid claims that Trayvon, who is black, was a victim of racial stereotyping." LINK

I take the Police Chief at his word. You are entitled to believe whatever you want, in this case that LE covered up a racially motivated murder (of which there is absolutely no proof), but in doing so consider who you align yourself with...

[kevcol]

Zimmerman had to assume that the guy who attacked him and was pounding his head into the concrete was not only going to take the gun from him after he was out, but to use it on him to eliminate any potential witness to the attack.

I heard GZ's brother RZ in an interview yesterday state that GZ told him that Trayvon saw/went for the gun while pounding him and said either: "This will be easy. You gonna die now", or "You got a piece, you gonna die now". So, according to what GZ told his brother - Trayvon saw the gun and then went for it.

[BOBWADE]

Good way to get toxicology reports and autopsy results to establish the deceased persons physical state at the time of the attack.

[kevcol]

I'm just amazed that anyone's opinion on FR of all places can be shaped and influenced by the DBM. Especially when that opinion lines up with notorious race-baiting, hate mongering and self-serving propagandists - domestic enemies of the worst kind. Even before all of the fact are in, if you decide to form an opinion - who in their right mind would give the benefit of the doubt to those cretins?