Skip to comments.The Zimmerman case disintegrates
Posted on 05/22/2012 5:35:29 AM PDT by marktwain
The release of evidence in George Zimmermans murder trial quickly made a mockery of his second-degree murder charges, and threw a further layer of shame upon media and political opportunists who misrepresented a tragic, but fairly straightforward, case of lethal force employed in self-defense.
It is remarkable to take stock of this evidence and realize that it supports every single aspect of Zimmermans statement to the police. His injuries are consistent with his account of physical assault by Trayvon Martin. Martins gunshot wound occurred at the very short range described by Zimmerman, demolishing fantasies about a racist mall-cop wannabe stalking and murdering an innocent black kid for no reason.
The Smoking Gun highlighted this bit of eyewitness testimony released to the public by the Sanford police only a few days ago, but known to the prosecution when Zimmerman was charged tendered to the police only 90 minutes after the shooting occurred, by a resident of Zimmermans community who heard the altercation and decided to investigate:
The man recalled seeing a black male, wearing a dark colored hoodie on top of a white or Hispanic male who was yelling for help. The black male, he added, was mounted on the white or Hispanic male and throwing punches MMA (mixed martial arts) style.'
The witness--who was in his living room and about 30 feet away from the confrontation-- said he called out to the two men that he was dialing 911. He then heard a pop, police reported, and saw the black male laid out on the grass.
Jim Hoft at Gateway Pundit relates the discovery of video from Trayvon Martins YouTube account, removed at some point during the last month, that shows he was actually involved in some sort of underground fight club.
Also fatal to the prosecutions case is the discovery that Martin had THC in his system he had apparently been smoking pot that night. As related by the local CBS News affiliate:
According to the autopsy report made public record by the Office of the Medial Examiner, the blood from Martins chest contained 1.5 ng/ML of THC, a drug commonly found in marijuana. There was about 7.3ng/mL of THC carboxy, the by-product of the bodys metabolism of THC.
Depending on the amount of THC consumed and the frequency in which it is consumed, THC carboxy can stay in a persons system from somewhere between two weeks to a month, according to WBTV. THC itself can stay in the body for as long as four hours.
This is important because the charging document clearly, and without evidence, accuses Zimmerman of racially profiling Martin. On the other hand, Zimmerman told the 911 dispatcher that Martin caught his eye because this guy looks like hes up to no good, or hes on drugs or something its raining and hes just walking around, looking about. Only then did the dispatcher specifically ask about Martins race, and request a description of his clothing.
Despite the prosecutions awareness of the autopsy reports and eyewitness testimony, they included none of it in their affidavit against Zimmerman. Criminal lawyer and Harvard Law professor Alan Dershowitz, who has been beside himself ever since the Zimmerman charges were filed, writes in the New York Daily News that its time to drop the charges, but doubts State Attorney Angela Corey will do the right thing, because until now, her actions have been anything but ethical, lawful, and professional.
As Dershowitz points out, the evidence released in this case means Floridas Stand Your Ground law isnt even a factor in Zimmermans defense. Much political hay has been made out of this law, but if Zimmerman was on the ground getting beaten to a pulp, withdrawal from the encounter was physically impossible for him. A defendant, under Florida law, loses his stand your ground defense if he provoked the encounter, observes Dershowitz, but he retains traditional self-defense if he reasonably believed his life was in danger and his only recourse was to employ deadly force.
For that matter, as Dershowitz notes, there is not one shred of evidence to support the prosecutors contention that Zimmerman provoked the encounter. Neighborhood Watch patrols are not illegal. There is no evidence that Zimmerman shouted any fighting words at Martin.
Dershowitz also mentions a suspicion Ive harbored since the weird, circus-like press conference at which Corey announced the charges: theyre a political instrument designed to buy time for everyone to cool down, leading to a long trial that dismantles some of the hysteria built up around the Trayvon Martin case. If true, the strategy is understandable but utterly outrageous. The United States does not do show trials. The justice system is not a safety valve for releasing unhealthy levels of political tension. Individual citizens are not pawns to be shoved around in media games by gun-control advocates, race hustlers, or opportunistic politicians. The purpose of law enforcement is to protect the public, not appease certain segments of it.
State attorney Angela Corey responded by saying, What the general public has to remember, and the media has to remember, is that there is a lot we cannot release by law. Zimmermans lawyer also cautiously conceded that more evidence may be in prosecutorial hands, as yet unreleased to either him or the public.
That doesnt change the virtually indisputable fact that Corey deliberately suppressed evidence helpful to Zimmerman when her affidavit was written. At best, thats very sloppy work. ABC News discusses the sort of cards Corey might be holding:
One key to the case is which of the two men instigated the clash that left Martin dead. The prosecution says Zimmerman initiated the altercation when he "profiled" Martin that night, and then got out of his car to follow him. In the newly released documents, lead homicide officer on the case, Chris Serino of the Sanford Police Department, called the shooting "avoidable" had Zimmerman remained in his vehicle.
What has yet to be seen are two main pieces of evidence: Zimmerman's statement on the night of the incident, and his reenactment of the events of that night, which could prove vital when and if the case is heard in court.
Its difficult to see how any of that might convince a jury to hand down a guilty verdict to Murder Two charges. How does that stay in your car principle work? Do you have to stay in your car when you see anyone acting suspiciously in your neighborhood, or do the age, sex, and racial background of the subject matter? Does everyone have to stay in their cars, or only members of certain age, sex, and racial groups?
Or is it simpler for the law to assert that beating someone into the ground and administering an MMA-style thrashing is wrong, even if they looked at you funny?
I curse Benjamin Crump!
Trying to kill somebody with more firepower than you have has ALWAYS been dangerous and problematical, ask the captain of HMS Hood.....
My question for them is, why do you so desperately want an injustice to have occurred? Why are you not content or satisfied that Zimmerman did what he had to do to protect himself?
Thank you for posting Cracker/Minority.
I’ll bet Trayvon’s learned his lesson in that regard..
To avoid embarrassment.
Since he and his bottom feeders incited racial discord, I’d like to see a smart lawyer sue him on behalf of anyone that gets hurt by Black thugs in retalliation for Trayvon.
Justice would be Mr. Crump being financially trayvoned.
3, 4, 5? generations of engrained victimhood mentality, that’s why.
Here, let me try...
“He was told not to follow him, and he did.”
“He deserved the beat down for ‘dissing’ Trayvon.”
Corey and her minions are the ones who are depraved.
Reality is racist.
The HMS Hood had the forepower but it lacked armour in a certain spot.
the Hood was stripped of the amour to help it’s speed.
Of course; this spectre is already in limp mode; and so, a wait/watch at this point; as to whether Trayvon makes it.
(Al's resume includes, of course; his history of experience; in keeping a 'criminally, false narrative' alive. . .and so all supporting 'Trayvon'; know that he is in the best of hands.)
The lame Zimmerman bashers change their story from Weak to Weak.
Zimmerman’s fate will be held by the type of jury that is selected. There will be pressure to fill the jury with persons who can be easily swayed by the emotion and not the facts. To even find an unbiased jury after this media circus and guilty by innuendo race baiting will be difficult.
LOL, very good!
I thought the process of discovery required the prosecutors to release all evidense to the defense - else, how can the defense do its job? Any leagal beagles able to enlighten me?
There is no way possible with the crap she presented so far, and I can see nothing short of an eye witness that saw the entire thing, start to finish, that could do that.
He’s as bad as they get:
This was the great mystery during the entirety of the Duke Rape Hoax. Freepers and MSM pundits alike often wondered, "surely, Nifong must have something in his file that makes a case?" -- and he never did.
if so, he should set the ball in motion, and since JustUs is looking into fed hate crime charges, which could carry a death sentence, he outta seek a death sentence on the lot of em in return, with a deprivation of Rights/conspiracy suit...
Zimmerman has no ability to have a government prosecutor file charges on his behalf.
He will ultimately have the ability to file personal lawsuits, not criminal cases, against a whole host of people.
In personal lawsuits, you cannot ask for a death penalty.
Only the government has the ability to seek and execute a death penalty.
“The purpose of law enforcement is to protect the public, not appease certain segments of it.”
Best quote in the article.
Corey should be made to reimburse the cost of the Zimmerman bail bond.
O'Mara and Zimmerman get everything the state has, except the state's opinions and legal analyses. The public gets less than what O'Mara and Zimmerman do (but Zimmerman can make this material public too) in that anything in the nature of a "confession" is not a public record. So Zimmerman's interrogations and walk through are not public documents. They are not released to the public by the state, but they are given to Zimmerman.
Crump should be sanctioned by the state bar. loss of license for one year perhaps.
An officer of the court, using the law to harass an individual, should receive the same penalty the individual would have received had the falsehood been successful.
Except that it seems fairly obvious to me that the government agents have violated the law; Sec 241 & 242 of US Code Title 18.
Not only perceived victimhood, but a general lust to "get whitey."
A better ship analogy to Trayvon is the SMS Blucher at the Dogger Bank. Whoops! The enemy actually has 12-inch guns, and we only have 8-inch guns! Uh-oh...
The question was, could Zimmerman himself set in motion a prosecution of people who have done him wrong.
Nobody can do that.
Also the question was mixing apples and oranges as it asked not only could he set this in motion, but could he cause the death penalty to be applied simply because the Injustice Dept. is looking into possible federal charges which could carry the death penalty.
When actually, all he has available to him is lawsuits, which cannot carry a death penalty.
Let’s face it, the question was well meaning but a gigantic legal overreach.
Like Rush is always saying, I live in Realville.
You believe government officials have violated the law themselves in his case.
Other, duly constituted government officials, have to deal with them if they’re to be dealt with.
A wronged defendant can’t achieve that.
the simple and straightforward wording of the US code pertaining to deprivation of Rights, and conspiracy to do so, under color of 'law', and its penalties, would seem to be an avenue to seek, given a defense fund that would have the dollars to file and pursue the actions...
it doesnt seem like zimm should have to wait until the railroad is built before he plants demo on the structure...
As Dershowitz pointed out even if you start a fight you still retain your right to self defense to prevent death or serious bodily injury.
The prosecution says Zimmerman initiated the altercation when he "profiled" Martin that night, and then got out of his car to follow him.
The prosecution has absolutely Zer0 evidence to support that contention.
The defense does have evidence to refute it.
In the newly released documents, lead homicide officer on the case, Chris Serino of the Sanford Police Department, called the shooting "avoidable" had Zimmerman remained in his vehicle.
Officer Serino is a moron to say that and Angela Corey is a corrupt idiot to use that as a basis for prosecution.
I have to wonder if Officer Serino was holding a grudge against George Zimmerman because Zimmerman led the protest against the Sanford PD for not arresting the son of a Sanford PD officer who had sucker punched a homeless black man and knocked him out.
Sadly, America does do show trials.
Don’t get on my case about it by quoting something from the code.
The authorities have the code, too.
You can read it, but you can’t bring an official legal case as a citizen. You have to have a duly constituted government official bring a case.
You can complain, you can tell a prosecutor’s office your situation and you can show them something written in a code. You don’t have the authority, power, to force them to initiate an official legal proceeding, and you yourself can’t do that.
You can file civil lawsuits.
A lawsuit would not be taken up by the judge it was filed with, until your case as a criminal defendant was over.
Sorry you don’t like it.
I had nothing whatsoever to do with it.
I just reported what it is.
When were citizens deprived of the right to file criminal complaints? That is a major reordering of our justice system.
i guess i shouldve just asked if Zimm had 'standing' to file such, and it wouldve been a yes/no answer instead of an attempt to belittle an ally with smartassed comments that didnt answer the question...
Martin smoked marijuana...that explains the Skiddles.
I’m not going to waste my time arguing with you, tiger eye.
In my post #41 above, I mention that you can complain to a prosecutor’s office.
The bottom line is you cannot bring down a prosecution on the head of your prosecutor by some kind of insistence or force of law. You can’t make them do anything.
A duly constituted other public official could take action if they chose to against that person.
The judge also has wide discretion within law and precedent to deal with a prosecutor in the ongoing of a case.
If you think I was saying anything else, your problem, not mine.
No, Zimmerman couldn't make them do anything. But he could set the ball in motion by filing a criminal complaint. It's a legal instrument that must be acted upon the same as Angela Corey's indictment.
For the Amish, it's less about their Emmanuel Goldstein, er, Zimmerman, and more about the fact that they elected one of their own and things got worse, which was in fact what they secretly suspected would happen all along.
If that is the case then:
Gee, could be why the police decided not to take Zimmerman in after they interviewed him at the scene.
The system gives the defence a far greater allowance to dismiss jurors.
The jury will be filled with mixed race south american immigrants...and crime victims.