Ken Lester named new judge in Zimmerman murder case

Orlando Sentinal ^ | 4/18/2012 | Rene Stutzman

[Aunt Polgara]

SANFORD – Circuit Judge Kenneth Lester, Jr., who's been on the bench 15 years and has a great deal of experience with high-profile murder cases, on Wednesday was assigned the George Zimmerman murder case.

It was originally given to Circuit Judge Jessica Recksiedler, but she recused herself Wednesday after Zimmerman's attorney asked her to step aside because of a possible conflict of interest: Her husband is the law partner of Mark NeJame, who's been hired to comment on the case for CNN.

[Aunt Polgara]

You could always google the judge’s name. :-)

[Aunt Polgara]

>>I think the prosecutor over charged Zimmerman to soothe the savage beast but in over charging him with the most flimsy excuse she could write up, the judge will probably dismiss the case. <<

You have a lot more faith in human nature than I do.

[Bratch]

[Nervous Tick]

They are not fearful people or they would not be judges.

And then there's the Judge. Concealed beneath the robes. It takes the worry out of being close (to a gang banger):

[Tunehead54]

You might want to cite 776.032 as well ... ;-)

The 2011 Florida Statutes

Chapter 776 JUSTIFIABLE USE OF FORCE

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.— (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer.

As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

[Cboldt]

Heheh - oops. Thank you for correcting my cite.

[Scoutmaster]

The grant of immunity is under a statute titled "Immunity from criminal prosecution and civil action for justifiable use of force." (F.S. 776.041). That statute, in turn, refers to F.S. 776.012, "[Justifiable] Use of force in defense of person.

"Immunity from criminal prosecution and civil action for justifiable use of force" is Florida Statutes 776.032. It, 776.012, and 776.041, are all part of Chapter 776, which is "Justifiable Use of Force." Much, but not all, of that Chapter, came from the Stand Your Ground Act of 2005.

Florida Statutes 776.041 is titled "Use of force by aggressor" and isn't going to be the relevant statute unless Zimmerman was the aggressor. If he wasn't, then Florida Statutes 776.012 stands on its own.

If Zimmerman was not the aggressor, F.S. 776.012(1) states:

[A] a person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself[.]

If the party claiming justifiable use of force was the aggressor, then Florida Statutes 776.041(2) ("Use of force by aggressor') is relevant:

The justification described in the preceding sections of this chapter [776] is not available to a person who: . . .

(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

[CentralTexasAg]

I bet they will have a lot of trouble seating a jury if this go trial.

[hoosiermama]

IIRC the medical record shows that the injury included a concussion, then it can be used to show that he may have had problems because of the injury.

Mayo:
A concussion is a traumatic brain injury that alters the way your brain functions. Effects are usually temporary, but can include problems with headache, concentration, memory, judgment, balance and coordination

[Dr. Bogus Pachysandra]

“you can add the Orlando Sentinel to the list of media organizations exposed to damages from defamation. “

Yeah,,, but doesn’t GZ have to prove “willful” intent? The Sentinal will prevaricate, and say they were relying on other news reports, I would think,,,,,

[Aunt Polgara]

>>I bet they will have a lot of trouble seating a jury if this go trial.<<

Yes, they will be even more clueless than the average jury.

[mrsmith]

http://articles.orlandosentinel.com/2000-06-18/news/0006180153_1_judge-lester-sanford

A ‘day in the life’ article on him from 2000.

[Aunt Polgara]

>>Yeah,,, but doesn’t GZ have to prove “willful” intent? The Sentinal will prevaricate, and say they were relying on other news reports, I would think,,,,,<<

Since George is a private citizen, not a public figure, I think he only has to prove that they were careless, not intentionally trying to hurt him. (Note: I am not an attorney, and I don't play one on TV. )

[diogenes ghost]

"The second and their declined."

Whhaaaattttt???

[Lancey Howard]

LOL, like it matters who the judge is!
The fix is in and Zimmerman is toast, a sacrifice to the Gods of race pandering and political correctness.
Move along... nothing to see here.

[backwoods-engineer]

Circuit Judge Kenneth Lester, Jr

He's white. The feral New Black Panthers and Nation of Islam race-baiters won't accept any verdict he hands down.

So, it's Zimmerman guilty, or "white judge protecting the white man against the black man." Guarantee that story on FOXABCNNBC all day. Coming to a media whore outlet near you.

[Lancey Howard]

I bet they will have a lot of trouble seating a jury if this go trial.

Everybody will do everything in their power to seat a sort-of reverse OJ jury - - a jury that is just as collectively stupid and cowardly as the original, but which is ready, willing, and anxious to get "justice for Trayvon"! Despite what every legal expert says about the indictment being written as if by a second-grader from Huey P. Newton Elementary School, does anybody really believe Zimmerman has even the faintest chance of going free? Please...

[diogenes ghost]

"The second and their declined."

Whhaaaattttt???

[cynwoody]

So, it's Zimmerman guilty, or "white judge protecting the white man against the black man."

In 2000, Judge Lester sentenced a black man to death for killing an 84-year-old widower in order to steal his car ...

Arthur Barnhill III

[cherry]

imagine, a judge acting reasonably and honest for a change...