Posted on 04/15/2012 12:54:29 PM PDT by ironman
At a minimum, a Probable Cause Affidavit must state facts establishing that a defendant has committed each of the elements of the charged crime.....
The Probable Cause Affidavit in the George Zimmerman case doesn't come close to these requirements......
These omissions potentially render the Probable Cause Affidavit legally insufficient, and entitle Zimmerman to an evidentiary hearing on the sufficiency of probable cause. As the Florida Supreme Court held in Johnson v. State, 660 So. 2d 648 (Fla. 1995), if omitted material is added to an affidavit and thus defeats probable cause; and if the omission resulted from intentional or reckless police conduct with the intent to deceive, then a defendant is entitled to an evidentiary hearing.
The woefully inadequate Probable Cause Affidavit indicates that the prosecution is skating on thin ice. Manslaughter charges would be far more appropriate.
(Excerpt) Read more at southfloridacriminallawyersblog.com ...
I must say that Kevin Moot is a splendid name for a lawyer.
If all the facts we know are sufficient to the case, Zim should never have been charged. Obama’s race card haters ARE THE ONLY reason this story is in the news.
“Manslaughter charges would be far more appropriate.”
NO, there should be NO CHARGES. An American citizen, on our soil, should not lose his freedom for defending his life.
Corey was appointed to indict Zimerman, facts be damned. The Gov and AG are afraid of the lynch mob, and wanted to put it on the back burner. Have you ever heard of a Special Prosecutor announcing there was no crime commited?
>> Did she have her 8 year old niece, some blogger or the janitor write it up?
My guess is, her reelection campaign adviser wrote it.
She’s running for office, and my, my, my! She sure do loves her some black voters!
“NO, there should be NO CHARGES. An American citizen, on our soil, should not lose his freedom for defending his life.”
Sorry, but there is a charge he is guilty of and they could make it stick.......
littering - you can’t leave garbage laying on the ground and not be guilty!
that prosecutor is going to get her fatass handed to her
What's your point?
I can’t argue with that one. LOL
Actually it looks like "that prosecutor is going to get her fatass handed to her" again...
Shorstein (former State Attorney Harry Shorstein) fired Corey in 2006 from the office she had worked in for the previous 25 years. He said the firing stemmed from a complaint from an intern who claimed Corey was unprofessional and profane. He asked Corey to respond to a professor who had brought the complaint to his attention, but Corey instead sent a letter criticizing the professor for communicating the complaint, according to Shorstein.
"I don't want to sound like an old, tough Marine, but if I'm your boss, and I order you to do something that is appropriate and legal, and you don't do it, one of us has to go," Shorstein said.
http://www.startribune.com/nation/145396335.html
Apparently the good Mizzz Angela Corey does not respond well to authority and expects to always run the show.
Rather ironic, given her job and the number of years she has had to learn "you don't get your way based on "just because.""
Could be, this is a bigger show than what she realizes.
The potential for major lawsuits and precedent setting decisions is just dripping off of this issue.
It is possible Supreme Court material if GZ is railroaded due to the demands of racist factions.
.
"Could be, this is a bigger show than what she realizes."
Or she knows no matter what happens, she'll be set for life on the back-end of this. The look on her smug pie shaped face at the press conference..........yeeesh!
Just trying to kick the burning cities and race riots down the road a bit.
They might just get the perfect storm instead. An imminent presidential election, a Zimmerman acquittal and coincidentally some new incident stirring up a fresh round of racial outrage
I don't know ... I think his name is .... moot. :)
I think we’re up to a half-dozen pretty responsible and experienced lawyers who are hooting this down. It looks like we’ll see a couple of interesting court appearances well before any trial.
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