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To: kevcol
-- Since Corey bypassed a Grand Jury, there will be a hearing to determine probable cause. --

That was the first hearing, on April 12th, before Magistrate Judge Hess. He found probable cause, obviously without studying the information and supporting affidavit; and without objection from O'Mara.

Oh, I think it is important to add that what Judge Hess was reviewing was radically different from what the Sanford PD reviewed. Hess saw a one-sided presentation, totally void of all hint of self defense. This is normal under FL paperwork/charging practice. IOW, it is up to defendant to assert the Chapter 776 immunity statute, when the prosecutor decides the use of force was not justified.

I point that out so that you don't get a sense that SPD and Judge Hess are at odds. We don't know that, because the two entities were looking at radically different pieces of evidence.

SPD found an absence of probable cause, because they DID look at the justified use of force in self defense. Judge Hess did not have ANY of that self defense evidence in front of him.

29 posted on 05/08/2012 8:39:07 AM PDT by Cboldt
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To: Cboldt
That was the first hearing, on April 12th, before Magistrate Judge Hess. He found probable cause, obviously without studying the information and supporting affidavit; and without objection from O'Mara.

Thanks for the clarification. I got the impression neither party was interested in specifically contesting the actual probable cause within the affidavit(s) for the purpose of (for/against) dismissal, but did so in a parallel way re:bond. I guess there are still 2 or 3 hearing venues forthcoming where the judge can dismiss?
42 posted on 05/08/2012 9:10:28 AM PDT by kevcol
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