The initial police report.
Ah, so Zimmerman was tangling with Ray Lewis. All the news reports described some skinny high school student.
Whatever injuries Zimmerman sustained were rather pale in comparison to dead.
Yes, that’s the point of self defence.
Injury is consistent with what story? There’s an awfully wide range of possibilities there. self-defense does not permit using deadly force against any, every and all types of fighting, altercation, blows… Otherwise people would be gunning each other down in the streets regularly and not going to jail for it.
Zimmerman’s story in any version is not supported by any evidence. By which I mean the story that he was suffering violence sufficient to make it necessary to use deadly force. The fact that Martin may have been on top at one point as some people report is not sufficient to justify deadly force. And that is the only part of Zimmerman’s story that has any support outside of Zimmerman or those who claim to speak on his behalf. on the other hand the 911 calls, the facts in the police report, the girlfriends call, none of these support Zimmerman’s claim that he was pinned down and having his head slammed into the concrete forcing him to pull his gun to kill martin to save himself. Someone seeing Martin on top is simply seeing Martin on top it’s not seeing Martin slam Zimmermans head into the cement.
Therefore I repeat: without that, Zimmermans claim of self-defense is toast.
And seriously? The fact that the Zimmerman defenders seem to be reduced to simply dismissing anything that doesn’t support Zimmerman story makes it pretty clear that he hasn’t got much going for him. You guys don’t want to look at the details don’t want to consider why this that and the other doesn’t fit with Zimmerman story you just want to focus on some very simple incomplete parts that work for Zimmerman and pretend that nothing else matters. Well other things do matter.
How strongly do you think Zimmerman has to prove his claim of self-defense? To what level of proof does he have to reach?
And then to what level must the state’s evidence rise to disprove it?
I don’t know how to answer that… <holding hands in front of her> this many?
Now that the prosecutor has stepped up and charged him with second degree, I think the state, in the form of the prosecutor, sees this pretty much like I’m seeing it and lots of other people are seeing it and the woman who wrote that analysis sees it: if you look closely at the story (we’ve been told) GZ tells, it doesn’t add up. (See the analysis, linked above.) So if he’s twisting the truth and making things up to sell us on the claim that he acted in self-defense, it pretty much makes it look like he didn’t really act in self-defense.
And it depends on the jury in the end. To hear Vincent Bugliosi tell it, the evidence against OJ was about 10 times more powerful and abundant than the vast majority of successful murder prosecutions generally are, yet he was given a pass. So if this goes to a jury trial and they end up with a bunch of gun-lovin’ Stand Your Grounders who think it’s perfectly fine to whip out your piece and start blasting in any unpleasant encounter, then GZ might get a pass as well. And, assuming that the trial does make it pretty clear that GZ is full of shit and gets that pass anyway, it will be interesting to see how Florida handles their own version of the Rodney King riots. Or maybe we’re past that sort of thing in 2012?
The answer to that is asked and answered. He wasn’t arrested because the investigator was told by his boss who was told by Norm Wolfinger the State’s Attorney not to arrest him.
Secondly, yes, they learned things since the first day that are in the affidavit.
Thirdly, I fail to see how the fact that Zimmerman wasn’t arrested on the first day shows that a probable cause hearing isn’t automatic and pro forma. My understanding is sure, if you have no probable cause at all it might end there, but the reason it is functionally a formality is in most places prosecutors have been working with local judges for decades and know exactly what needs to be there to make the probable cause hearing a formality–so probable cause hearings are not really interesting or very often anything other than a confirmation of the charges.
My point is, you were acting as though the fact that the probable cause hearing didn’t involve any rigorous questioning by the judge is proof that the case is extremely strong against Zimmerman, that somehow the judge’s behavior in the probable cause hearing is a sign of something more. That just is not the case, a probable cause hearing is typically not a very substantial part of the criminal case, it isn’t typical for judges to get very interrogative in such a hearing. Especially when defense counsel is essentially silent during the hearing–which is again because even defense counsel views it as a formality.
I actually seriously doubt Angela Corey “sees it like you see it.” Since she is actually a person who has had much success in legal cases, is an expert trained in criminal law, and was able to actually base her decision on all the evidence before her. Finally, as a career prosecutor she is highly familiar with the tactics of prosecuting criminal cases. Something like 90% of criminal cases end in a plea agreement, and because of that many prosecutors will file charges that, in truth, they never expect to see the defendant sentenced under.
Stoid, Zimmerman has to claim self defence, that’s it. The state has to prove beyond reasonable doubt that he wasn’t acting in self defence. Unless some much stronger evidence turns up (which is actually quite likely*), the case is unlikely to reach a jury.
*I say this because I’d hope that if such evidence doesn’t exist, the prosecutor would have thrown the case out of the window.
Not only that. The state also has to prove, beyond reasonable doubt, that:
- Zimmerman’s actions came from ill will, hatred, spite, or an evil intent
and
- Zimmerman’s actions were of such a nature that the act itself indicates an indifference to human life
It’s up to the prosecution to prove it’s meaningful, not the other way around. When speculation meets facts then it all falls apart. The prosecution can attempt to build a case on speculating but the judge is going to demand that it be relevant or dismiss it.
Oh for crying out loud. You’re completely grasping at straws with this. The state would have to prove the blood on the back o his head and facial injuries were the result of something OTHER than a fight. Witnesses support his injuries days later which support the police report which describes injuries. You’ve also tried to equate the idea of life threatening injuries with massive losses of blood. Again, that premise will quickly be shot down in court. Serious head trauma, the kind that would lead someone to feel threatened for their life, does not require a pool of blood.
Beyond your speculation that the witnessed injuries were not life threatening you’ve done nothing but engage in a racist diatribe on what you think of Zimmerman. That wouldn’t fly in court any more than the speculation that Martin was a racist.
I ask because your previous post suggested you might think of it as if it were more of an even weighing contest – his story weighed against the story the prosecution tells, and whichever one is more believable wins the day.
You make no room for the possibility that she is overcharging in order to have a good negotiating posture for plea bargain discussions?
Suppose she did overcharge, what would that mean if the case went to trial? Would the jury have the option of convicting on a lesser charge and, if so, how far down the ladder of offenses does that leeway go?
After reading about the Garcia case dismissal - which someone in GD characterized, correctly imo, as not SYG but “hunt and destroy” - I am not very optimistic about Zimmerman’s case being tried at all.
According to this(Microsoft Word Document), which is a copy of standard jury instructions for 2nd Degree Murder in Florida (and is hosted on the Florida Supreme Court’s website) 2nd Degree murder has several lesser included offenses.
There is one significant difference in the Garcia case. It was caught on camera. Without the camera, Garcia’s statement wasn’t very plausible.
http://www.tampabay.com/stand-your-ground-law/cases/case_133
The other thing that is of great practical importance is that even before the SYG lawn it was almost impossible to convict someone for killing a thief in Florida. The difference is that Trayvon Martin was just a kid walking home with a bag of Skittles. All the other successful SYG defenses I’ve seen were victims the community were unlikely to miss.
This NPR article is interesting just for general information about how SYG will affect this case.
Apparently at some point in the near future we can expect Zimmerman’s attorney to ask for some sort of hearing where he can make his case to a judge that the killing was justified. If the judge agrees with him, the prosecution can appeal it, but if the appeals court sides with Zimmerman then no criminal charges relating to this incident can ever be brought against Zimmerman again (I assume that may just be standard with a case once jeopardy attaches, but I do not know) and more importantly it permanently shields Zimmerman from any civil penalties.
Given the judge’s husband has decided to earn a paycheck discussing this case on the news, and that prior to that Zimmerman was in talks with the judge’s husband to have him as his attorney I suspect the next thing that probably happens is we see a judge change. The current judge just seems to have too many personal connections to the case that would give the veneer of impropriety.
There are actually two cases going on concurrently now in which the SYG defendant is less liked by society than the victim. The current case with Zimmerman, and also the Trevor Dooley case in which a black man shot and killed a white Iraq War veteran over a dispute about children skateboarding on a basketball court. (Parts of the narratives are very similar, Dooley is claiming James was on top of him when he fired, for example.)
If the jury can choose one of the lesser offenses, then why wouldn’t the SA go for the topmost?
Can’t imagine why you’d say that, since so many people do not see it the way you do.
Done and done, described multiple times.
I don’t think you’re actually saying very much here. The fact is that nearly all murder trials require “filling in the blanks”, because there’s always a lot of blanks. You can’t tell people what to think, but you can certainly put it in front of them to consider all the facts, very much including the tiny details, in deciding whether someone is telling the truth. You have to, how else can you possibly decide on someone’s guilt or innocence without considering all the facts which contribute to or detract from the believability of their story?
Of course. But so far what we’ve seen from Zimmerman doesn’t make it very likely he’s going to cop a plea. I think he’s going to take his chances.
the blanks have to disprove Zimmerman’s story which doesn’t have any blanks. The state has to prove he wasn’t wounded or that he acted in some malicious manor. They can’t reinvent a new scenario in a vacuum hoping something sticks to the wall.