Well, here is more of the story. And a shot does in fact ring out. The pirate ship might refer to Al Sharpton, and Obama may have been the small boy growing up in Kansas, and the king as well.
Posted on 07/12/2013 10:06:23 AM PDT by SeekAndFind
To all: Mark O’Meara may have had a “brilliant” close but for whatever reason he did not utilize the protections available under the true, new improved Florida self defense law effective since 2005.
On its face it starts with new law that a person claiming self defense is IMMUNE from arrest, prosecution AND civil liability. If the authorities find probable cause that he committed a crime then he may be arrested.
However, there is law defined by recent Florida cases interpreting the Stand Your Ground (SYG) additions to self defense law that provides for a hearing, the day after, the week after, 2 months after, a year after the arrest to have a hearing to dismiss all charges based on his claim of self-defense.
The hearing is before the judge assigned to the case.
Uniquely, because of the IMMUNITY provisions of the law, whereas in “regular” motions to dismiss, ANY matter of fact subject to dispute PROHIBITS a dismissal because it is up to the trier of fact, not of the law.
SYG makes the judge in a motion to dismiss hearing BOTH the trier of fact and the trier of law.
The judge gets everything from both sides. There are NO instances where the judge is “sheltered” from potentially inflammatory, prejudicial, hypothetical, prior convictions, hearsay or whatever we protect juries from, the judge knows in an SYG hearing and in fact has to make his ruling based on all these facts.
And the defense knows. And the appellate court will know. Everything presented by both sides. Even if the judge has an agenda, is committed to convicting him, the whole record is there on the record. What was known, what was proven.
A denial of the motion is instantly subject to appeal. The appellate court could dismiss the case itself or instruct the trial judge to hold a new hearing.
In Florida, if you were legally present ANYWHERE in the state and you are attacked, you may meet force with force.
If you are reasonably in fear of imminent great bodily harm or death of you or yours you may use deadly force.
The SYG rights were enacted to prevent what Zimmerman faces today. A crap shoot. After a year and a half of misery his fate lies in the hands of 6 people who viewed the case through blinders.
In this case, O’Meara threw 99% of these protections, under Florida law, under the bus.
If he is convicted he will go to prison. An appeal may get him off but not within a year. Or two or three or more.
O’Meara for whatever reason, ego, PC pressure from the outraged crowd, whatever did not elect to protect Zimmerman from a blindered jury. Zimmerman faces 30 years of hard time based on a crap shoot.
A besmirched defendant. Totally at the mercy of a jury “protected” from many of the true facts of the case. Human beings subject to frailties, prejudices, failings or even agendas, hidden or not, acknowledged and known or worst, subconsciously guiding their decision. A crap shoot.
Win or lose, Zimmerman could have had a no downside, quick and dirty or extensive presentation of ALL evidence to determine whether he had reasonably defended himself.
Worse case? The motion is denied and you either plead or go to trial. But first you had the opportunity to relatively quickly get in front of a judge, get all the facts out, nothing withheld and shoot for dismissal of all charges.
Arguably, with an early motion to dismiss denied another motion could be made in light of new evidence. Or another and another, BEFORE trial. You are IMMUNE from prosecution if you can establish legitimate self defense.
Instead of a huge, complex process where each side in fact has an opportunity to try to fool the jury.
I have not followed this trial very closely since O’Meara
elected to go to trial. It was a major mistake. I just hope Zimmerman does not pay for it.
O’Meara is not a genius, the true state of Florida self-defense law has been muzzled.
My street cred? It took a year of my life, facing three years of hard time, with a state prosecutor, here in Florida in 2007-08, trying his best to put me away with no pleas available.
Arguing daily with MY attorney to take a motion to dismiss under new cases developing as my trial approached.
Finally, before a judge whose glares at me during pre-trial appearances made my knees quiver, we presented live testimony and all other evidence and two weeks after finally getting my motion all charges were dismissed with prejudice.
I’ll bet Zimmerman, truly given the choice would have preferred to take that route rather than find himself there, now, facing prison on a crap shoot.
I pray he gets off but given the facts of this case he should not be here today, praying, his life on the line, on a single roll of the dice.
/Rant ;-)
yeah, if I talk fast and loud and repetitively it trumps actual content.
Its pretty much the same strategery as the justice/vengeance for Trayvon crowd.
Actually, that is a questionable argument. There were two layers of clothes over the gunshot wound that absorbed most of the blood in the few seconds between the gunshot and when Zimmerman got out from under Martin. So it would not be surprising to find no blood on Zimmerman's jacket. That being said, I think the did find a drop or 2 of Martin's blood on Zimmerman's jacket.
I cannot speak for O’Mara, but considering that they had to get the first judge removed due to bias, and the second one didn’t seem to be any better, he may have thought he had a better shot with the jury.
When does the trial of the prosecutors begin?Exodus 20:16Thou shalt not bear false witness against thy neighbor. - King James Bible (Cambridge Ed.)
Interesting question. Have they heard the gospel and rejected it? Will they accept it before they pass on?
The point of an SYG dismissal hearing is to get everything out in the daylight where even a corrupt judge’s actions will be laid bare for all the world to see. No motion made? A crap shoot. ;)
Both hubby and I are going “ I ‘ll be dammed”. Neither of us thought he got past “It was a dark and stormy night”. LOL Thanks.
Are those gold teeth?
That would have been awesome.
I'm no doctor but I read in this or another thread (they are all running together now!) that when the bullet hit TM's heart, his blood pressure would drop and blood would not spurt out and he wouldn't bleed out. The blood would stay mostly in his body - it this is true, that would explain why Zimmerman wasn't soaked in TM's blood.
The poster said that what little blood would escape his body would likely be inside TM's shirt and hoodie.
"Paging any doctor!"
If he is found guilty of any charges and gets 10,20,30+ sentence, will would he be able to appear before a parole board?
We are a Nation of Lawyers and Liberal Democrat Judges.
If you want someone dead, you don’t shoot once and see what happens. Zimmerman was no Dirty Harry, he was in fear for his life.
The whole argument that Zimmerman was out to get Saint Skittles is just a Liberal Wet Dream. Problem was, there was no stain on the sheet to prove it.
If the bailiff shot him, Zimmerman would have walked for sure. After a trial, I always think of things I should have said. We all do. Now I’m doing it for someone else’s trial.
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