Posted on 04/13/2012 7:05:10 PM PDT by doug from upland
The charges brought against George Zimmerman sure look like prosecutorial misconduct. The case as put forward by the prosecutor in the “affidavit of probable cause” is startlingly weak. As a former chief economist at the U.S. Sentencing Commission, I have read a number of such affidavits, and cannot recall one lacking so much relevant information. The prosecutor has most likely deliberately overcharged, hoping to intimidate Zimmerman into agreeing to a plea bargain. If this case goes to trial, Zimmerman will almost definitely be found “not guilty” on the charge of second-degree murder.
The prosecutor wasn’t required to go to the grand jury for the indictment, but the fact that she didn’t in such a high-profile case is troubling. Everyone knows how easy it is for a prosecutor to get a grand jury to indict, because only the prosecutor presents evidence. A grand-jury indictment would have provided political cover; that charges were brought without one means that the prosecutor was worried that a grand jury would not give her the indictment.
Advertisement The affidavit consists of six main points:
● Zimmerman was upset about all “the break-ins in his neighborhood” and expressed anger at how criminals “always get away.”
● According to a discussion with Trayvon Martin’s girlfriend, who said that she was talking to Martin before the attack, Zimmerman followed Martin. He did so despite the police operator’s saying “we don’t need you to do that.”
● Zimmerman “confronted Martin and a struggle ensued,” though no evidence is cited on this point.
● Trayvon Martin’s mother identified the voice crying for help on a 9-1-1 call as her son’s.
● Zimmerman shot Martin in the chest, and this is confirmed by both Zimmerman’s statement and ballistics tests.
● Martin died from the gunshot wound.
Note some of the points that are missing. The prosecution doesn’t claim Zimmerman had racial animus against blacks. There was no “f***ing coons” on the police call. Some extremely relevant information from the police report is completely excluded: There is no mention of the grass and wetness found on the back of Zimmerman’s shirt, the gashes on the back of his head, the bloody nose, or the other witnesses who saw Martin on top of Zimmerman, beating him, before the shot was fired. There is not even an attempt to say that the police report was in error; instead the affidavit just disregards it.
Even if everything in the affidavit is correct, it does not even begin to deal with the most crucial question: Who attacked whom? Even if it is true that “Zimmerman confronted Martin and a struggle ensued,” there may have been no wrongdoing on Zimmerman’s part. “Confronted” does not mean “provoked” or “assaulted.” It could simply mean that Zimmerman followed Martin and asked him what he was doing in the neighborhood. Surely Zimmerman had the right to investigate a strange person in his neighborhood. The police operator’s advice that “we don’t need you to do that” was merely suggestive, not an order to stop. Indeed, the police had no authority to give Zimmerman such an order.
Now take the charge of “second degree” murder. There is no way that the affidavit justifies such a charge. In Florida, second-degree murder is defined as “the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual.” But if Zimmerman was being beaten, there was no “depraved mind regardless of human life,” and the act “imminently dangerous to another” would be justified as self-defense.
Angela Corey, the special prosecutor who filed charges, claimed multiple times on Wednesday that the prosecutors “are seekers of the truth.” In our legal system, grand juries can sometimes provide a check on prosecutors who indict based on political pressure or the desire to seek the limelight. It is no surprise that Corey avoided the grand jury.
— John R. Lott Jr. is a FoxNews.com contributor and a co-author of the just-released Debacle: Obama’s War on Jobs and Growth and What We Can Do Now to Regain Our Future (John Wiley & Sons, March 2012).
It’s pretty easy to hang the special prosecutor on this stuff, but what if... Just, what if...
I understand that the defendant may invoke the FL self defense statute as an affirmative defense in these cases. And, he/she can do so at the very start of the trial (maybe earlier?). Further, the judge must rule on that defense motion before anything else can move forward. SO, what if the special prosecutor intentionally overcharged the case, so as to give the trial judge an ‘out’ for the self defense claim?
Obama still gets to tell the faithful that the case was properly brought, and that the real problem is that damn FL self defense statute. The race baiters are never going to be placated, no matter what happens. And, the NBP can continue their tinpot army antics, as they will under any circumstances.
The finer legal minds here on FR can pick this apart much better than I can; but, it seems to me that there may be other ulterior motives in play, not just “hang Zimmerman” BS.
25 years of Prosecution here. There is NO doubt there is probable cause for Voluntary. I am a little surprised at 2nd degree but just carrying the gun and following when told not to gets you there.
None of this means he is guilty, but the analysis is replete with ppl with agendas and who know nothing about what they speak.
Charging Zimmerman is an EASY call.
The political wags will weigh in ad nauseum. Ppl who actually think they “know the Constitution” will do so too. Fortunately, none of these people are involved in the case. Good attys on both sides. The system is working.
That is really weak since they have at least one eye witness who says it was Zimmerman crying for help.
The 911 operator is not a LEO. He doesn’t have to obey their commands. Ignoring a 911 operator is not a crime.
You're right, that transcript doesn't annotate the sound of him exiting his truck. He gets out of the truck just as/after he says "He's running." He's out of the truck when dispatch asks "Are you following?" The call ends (and presumably the fight starts) AFTER this call is concluded.
You're right, that transcript doesn't annotate the sound of him exiting his truck. He gets out of the truck just as/after he says "He's running." He's out of the truck when dispatch asks "Are you following?" The call ends (and presumably the fight starts) AFTER this call is concluded.
Make that the call ends before he gets back to his truck. Need sleep.
Well, if this case gets decided by a jury of ordinary people, I think that some jurors might look less favorably upon Zimmerman’s actions if he left his truck and approached the kid after the 911 folks suggested he back off. It doesn’t appear that the fight took place inside the truck. I guess Zimmerman could testify that he didn’t believe that 911 folks had the authority to keep him from approaching the kid, but I’m not sure that kind of testimony would endear him to some jurors.
We’ll just have to see what the facts turn out to be. Maybe he was already outside the truck when he got the admonition.
Tonight Hannity was saying that the prosecutor must have additional testimony that the rest of us don't know about, to have produced this affidavit. Perhaps...or she may just be trying to construct the most damaging interpretation of Zimmerman's actions possible, based mainly on the girlfriend's testimony.
He didn’t call 911 he called the police non-emergency number and he was not told not to follow Trayvon. If he had been he still would not be required to obey that order.
what they said on Fox news was grand jury is only required for 1st deg murder. I think prosecutor can use grand jury in other charges but is not required
There is no evidence that Zimmerman approached Martin. NONE.
The evidence has Martin running and losing Zimmerman. Zimmerman is on his way back to his truck when Martin comes from Zimmerman's left rear - in other words, the reason Zimmerman and Martin are getting closer together is that Martin chose to close distance.
Zimmerman was definitely out of his truck when he was asked "Are you following?" The sound of Zimmerman running was what prompted the dispatcher to ask that. It's very clear on the recording - just doesn't appear on the transcript I linked to.
One of the witnesses in a nearby townhouse heard shouting between them which may have gone on for a while--so even if Trayvon knocked Zimmerman down as Zimmerman says, it may not have been immediately but after some verbal back-and-forth.
The writer must not have gotten the memo.
Zimmerman is going to be found guilty. Somehow someway. This is pure politics.
Even if a jury finds him not guilty here, then the Feds will step in and charge some civil rights violation.
The prosecutor revealed herself to be nothing more than a buffoon in front of the cameras the other day. A pure political hack.
That is what I thought. The 911 operators in my county in
Ohio are not LEOs either.
So where is this “the police told him not to follow” stuff
coming from? I suspect that it was made up to paint Zimmerman
as a loose cannon or somebody that was looking for a fight,
and thus negating his claim of self defense. Even if it was.
Mike
“The penalty for laughing in a courtroom is six months in jail; if it were not for this penalty, the jury would never hear the evidence.” ~H. L. Mencken
Zimmermans’ attorney should call Sharpton, Jackson, Maxine Waters and big O to testify on what they know about this case, they should also call NBC, ABC, CBS and CNN to testify about how they manipulated the facts in this case. If nothing else, it would be funny to watch.
I just listened to the recording of Zimmerman’s call before the shooting. Martin had noticed him and was staring at him. Not only was Martin behaving strangely, his demeanor may have appeared threatening to Zimmerman.
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