Thursday, April 12, 2012

Zimmerman Trial Update

New information has surfaced. For one thing, the prosecution is contending now that Zimmerman provoked the confrontation with Trayvon Martin.

If their point is that he followed him after the 911 dispatcher told him not to, they have a point, albeit a small one. It's quite a jump to get from there to saying that Zimmerman provoked the violent confrontation unless they have clear evidence that he attacked Trayvon Martin first. If they do, under rules of disclosure they have to present it to the defense before the trial. If not,merely following someone and confronting him verbally is not sufficient evidence to show Zimmerman 'provoked the quarrel' - assuming the usual legal standards apply in this case, which they may not. One could just as easily say Martin 'provoked' the confrontation in the same fashion by somehow getting himself into a gated community. It all depends on the jury and how it sees things.

This also raises another question in my mind,one that occurred to me the minute I heard the charges were Murder Two rather than manslaughter. Murder two is usually used for crimes of passion...a husband or wife catching their spouse with someone else, family members having an argument that turns violent, that sort of thing. In order to prove Murder Two you usually have to prove that there was due cause for anger and/or hatred between the murderer and victim. In this case, they didn't even know each other and even Martin's mother has said that she thinks the killing was probably an accident: “I believe it was an accident. I believe that it just got out of control, and [Zimmerman] couldn’t turn the clock back.”

Needless to say, that didn't sit at all well with the grievance industry who has so much invested in this case or with her attorneys or the Seminole County DA, so she promptly retracted her statement after they got through yelling at her and explaining that characterizing what happened as an accident and a charge of Murder Two aren't compatible.

By going for Murder Two, the special prosecutor obviously pleased the local powers that be that want this quieted down and the Obama Department of Justice but the DA is somehow going to have to prove that there was intent or the aforementioned anger/and or hatred, not to mention convincing a jury of Zimmerman's state of mind. Involuntary manslaughter might have been a better call. We may find that this gets tossed because of an incorrect charge on the part of the special prosecutor.

No bail has been set for Zimmerman, who is in custody. His attorney's next step may be to ask for a bail hearing, arguing that Zimmerman is not a flight risk. The judge may set the bail low or high at their sole discretion. Although with ignorant, racist thugs like this demanding lynch mob justice, he might be better staying in jail.

Zimmerman’s attorney, Mark O’Mara, has said self-defense will be a strategy in the case. Zimmerman may well testify before an evidentiary hearing if he's claiming self defense. The judge in the trial will be before Seminole County Circuit Court Judge Jessica Recksiedler.

O'Mara could also file for a change of venue, claiming his client cannot get a fair trial in Seminole County.Actually, in view of the publicity surrounding this case,I doubt you're going to find any jury totally without bias one way or the other.


louielouie said...

repeat comment
i've often wondered how these cases get decided. who decides "this" is going to be "the" case.
from huffpo:

Last weekend alone, 10 people were killed and more than 40 wounded in violence throughout the city. CBS Chicago reports that 100 black teenagers have been killed by gun violence in Chicago this past year.

there you have it. in chicago alone they could have 100 "this" cases. could that be part of the problem? they have too many to choose from. in sanford they just had one. but why does "that" one get all the attention? who decides?
but just as an aside, why do they care so much about a murder in florida when they have had 100 in chicago? or is that question rhetorical?

Rob said...

C'mon Louie. This was an excuse to gin up the black vote for President Obama a bit more. It only took off after the media got its hooks into it and the president weighed in, and by this time I think we know that wasn't coincidental.

It was made to order, a 'white' Hispanic, a dead black man...

Og Son of Fire said...

King's dream wasn't a reefer fantasy. Pot pride wears the chip, "I'm Black" on loud shoulders. So I would like to see and read Martin's texting and phone conversations with his girlfriend between when he left closed doors, when he and Zimmerman made physical contact and immediately after the gun shot(s) to see if Martin's girlfriend goaded his attack. Youtube’s Best AC Transit Bus Fight saw a wannabe gangsta lose his teeth to the female hysteria that goaded him into becoming a martyr.

Public opinion convicted Socrates and those burned at the stake by Rome. Compare the mindsets of US Africans born here, Canadian slave descendants of those who escaped via the underground railroad, and today’s African immigrants to see what we can do for MLK’s dream of a Citizen who is free to be sovereign of his own destiny.