If Zimmerman is convicted of either murder or manslaughter, it will mean Florida’s self defense laws aren’t worth the paper they are written on and null & void at the discretion of the state.
Leave me out of this!
It will mean the jury is tainted.
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 ;-)