Posted on 05/01/2013 5:16:20 AM PDT by DoctorBulldog
The question of why the little angel would throw the first blow will come up in trial
An answer to that question is right there. If he was casing the joint, and had a burglary in mind, but was spotted by Zimmerman and had his plan disrupted, then he might have been angry at that person and wanted to take him down.
I wonder if they ever asked DeeDee in deposition if the little jewel thief ever gave her jewelry.
Assume that the judge rejects the motion for immunity. That fact is forbidden to the jury, as best the court can do so. It is expressly NOT a consideration for the jury, and they will at least be instructed thusly. Further, the standard of proof for the immunity motion is "more likely than not." But, for a jury, they have to find that the self defense scenario stated by the defendant is "impossible" in order to reject it - the reverse of beyond a reasonable doubt. Said another way, the actual legal standard, at trial the state has to negate or disprove self defense, beyond a reasonable doubt.
Pretrial moving for an immunity finding is very low risk to defendant. I think not moving for immunity is legal malpractice. Notice how O'Mara makes it clear this isn't his decision?
The Trayvon Martin Foundation for Frequent Law Enforcement Consumers.
And yet when answering the question in the hearing Zimmerman clearly says "Upon the advice of counsel ...".
So his decision was based upon O'Mara's advice to forego a pretrial immunity hearing.
A little O'Mara cya there.
Not on your best day. Try three and a half hours.
The police apparently put the jewelry on a shelf and forgot about it. Nice. I’m betting the folks the jewelry belongs to really appreciated such “topnotch police work” there.
PFL
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