[[Attorney now attacking the second degree charge with the Judge. “it is not a second degree murder charge just because the state’s attorney says it so”.]]
IF that is truly the case then this should have been thrown out TODAY- His lawyer should be pushign for an emergency quick trial to determine IF the state even has the right ot charge george with somethign that he isn’t guilty of
The judge did not rule on the sufficiency of the complaint. He allowed bail. I guess the prelim will be where the argument will continue.
I see why the state did not go the grand jury process. In such a situation they would have been required to present info prejudicial to their case i.e. he had sustained wounds consistent with his position he was attacked by Martin. Using the complaint route, they loaded it up with every prejudical comment they could, like “he profiled” and “he confronted” when it seems as if there is no supporting evidence to their suppositions.
My sense is the prosecutor overcharged with the hope the matter goes to trial and the jury looks for some lesser offense to convict upon because there is someone dead. I would almost bet they will try to negotiate such a plea from the defense. Not being able to keep him in jail though means they lose a bit of leverage and a pro bono attorney is not going to be happy with a negotiated plea so, game on.