View Poll Results: What Will the Outcome of a Criminal Trial for George Zimmerman be?

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  • Guilty of Manslaughter

    9 9.68%
  • Not Guilty of Manslaughter

    54 58.06%
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Thread: Zimmerman Trial Outcome Poll

  1. #376
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    Is it too late to point out that Zimmerman has not been charged with manslaughter? Kind of hard to determine guilty or not guilty when he hasn't been charged with that.

    I need #4: The facts won't matter when it hits the jury. Martin is O.J.

  2. #377
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    That he exited in the rain in no way contradicts that he might have been emotionally hot and bothered. In fact, that he got out of a nice warm car into the cold rain argues that he was emotionally involved and invested in finding M.
    Umm, I think it merely indicates that Martin went through the sidewalk "T" (see map) where Zimmerman couldn't take his truck. I would suppose that he was just trying to keep him in sight. Note also that the transcript says "sounds of walking", while Zimmerman states the subject was running. If you're trying to pick a fight with a running man, you'd have to catch him and walkers rarely catch runners.

    You'd have to completely disregard the recorded conversation and accompanying sounds to buy the theory that Zimmerman chased Martin down and picked a fight with him.

  3. #378
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    Is it too late to point out that Zimmerman has not been charged with manslaughter? Kind of hard to determine guilty or not guilty when he hasn't been charged with that.
    I don't know if that's hard or not.

    There is the concept of a lesser included offense. Robbery (not a concern here, just an example) contains both theft and assault. If you are charged with robbery, you may be found guilty of any of those three crimes: robbery, theft, assault.

    Does it work that way with murder and manslaughter in FL? I don't know, maybe you do. But I don't think charging him with murder rules out considering lesser charges, like manslaugher and assault.
    If you're trying to pick a fight with a running man, you'd have to catch him and walkers rarely catch runners.
    Or just keep searching until you find him. Or even if you are "surprised" by him later, decide to pick a fight then.

    Geez--all this friction just because I said Z could be completely innocent.
    You'd have to completely disregard the recorded conversation and accompanying sounds
    Not at all. There's no reason that the "sound of walking" couldn't be the sound of running (or as close as Z could get to that). And no "disregarding" is needed to realize that Z could have picked a fight with M whenever and however he finally came in contact with him. That theory does not depend, as you seem to think it does, on Z outrunning M.
    Last edited by Loosedhorse; June 1st, 2012 at 10:44 PM. Reason: grammar

  4. #379
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    Zimmerman's bond revoked; must return to jail

    Bad day for Mr. Zimmerman.

    Quote Originally Posted by Associated Press
    Circuit Judge Kenneth Lester said Friday that George Zimmerman misled the court about how much money he had available when his bond was set for $150,000 in April. Prosecutors claim Zimmerman had $135,000 available that had been raised by a website he set up.

    Prosecutors also say he failed to surrender a second passport.

    The defense says the finances are an innocent misunderstanding.
    http://www.ksdk.com/news/article/322...yssey=obinsite
    "No one heals himself by wounding another." Saint Ambrose of Milan

    "...a contrite and humbled heart, O God, thou wilt not despise." Ps li:19

  5. #380
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    added

    http://thinkprogress.org/wp-content/...evoke-Bond.pdf
    prosecution's motion to revoke bond

    This is a follow up to the issue about the PayPal account to collect defense funds. This issue was raised at the time of the 27 Apr 2012 bond hearing. The defense attorneys took control of the account as soon as they learned about it. So this is a new twist on old news. Zimmerman's defense attorney O'Mara informed the court on 18 May 2012 that the Zimmerman account had raised 135,000 in donations.

    The issue of the duplicate passport which was issued is stickier. Zimmerman turned in a passport that had been issued 22 May 2002 (expiration 2012); 8 Mar 2004 he reported that 2002 passport lost or stolen and got a replacement issued 26 Mar 2004 (expiration 2014). Prosecution believes that passport still exists and may have been referenced in a jailhouse phonecall with his wife 17 Apr 2012.

    The prosecution alleges that O'Mara was misled by the Defendant. 11 Apr 2012 Zimmerman promptly turned himself in after Corey announced charges. If he fails to turn himself in promptly on this one (or two) he will hurt his credibility.

    http://abcnews.go.com/US/prosecution...ry?id=16476183
    Matt Gutman, "George Zimmerman's Bond Revoked", ABC News, 1 Jun 2012
    The new documents show that Zimmerman had $135,000 in his bank account the day before his bail hearing -- in which he declared himself financially indigent.
    Confirms my suspicion that PayPal dollars are not Monopoly money.

    (Note to self: don't raise defense funds by donation until after the bail bond hearing.)

    http://www.boston.com/news/nation/ar..._bond_revoked/
    Kyle Hightower, "Zimmerman must surrender; bond revoked", Boston Globe, 1 Jun 2012.

    Prosecutors claim Zimmerman had $135,000 available that had been raised by a website he set up. Zimmerman's wife, Shellie, testified at the bond hearing in April that they had limited funds available since she was a nursing student and Zimmerman wasn't working.

    "He can't sit back and obtain the benefit of a lower bond based upon those material falsehoods," said Circuit Judge Kenneth Lester when he made his ruling.

    Defense attorney Mark O'Mara said the fact that Zimmerman and his wife never used the money for anything indicated "there was no deceit." Since his release in late April, Zimmerman has been staying at an undisclosed location for his safety.

    ADDED: according to this CNN story, the second passport was said to be among stuff the defendant had turned over to the defense lawyers. Judge Lester "appeared to accept the explanation from Zimmerman's lawyer that his client had given him the second passport...."
    http://www.cnn.com/2012/06/01/justic...ing/index.html
    CNN Wire Staff, "Judge revokes Zimmerman's bond", CNN, 1 Jun 2012.
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  6. #381
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    The prosecution alleges that O'Mara was misled by the Defendant.
    We should look at such allegations very carefully--meaning suspiciously.

    IMHO, that allegation is not so much about finances or passports; it is about murder. Z's credibilty is his only true defense. If the prosecutor can establish before trial that Z is a liar--and a liar to his own laywer yet--their job of proving him a murderer just got a whole lot easier.

    The defense had better work this one hard. It is not a minor issue.
    O'Mara commented on the state calling Zimmerman and his wife liars by saying, "I understand the states position on it. I don’t agree with it. That’s what adversaries do."
    Last edited by Loosedhorse; June 1st, 2012 at 10:14 PM.

  7. #382
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    Correction: we should look at everything suspiciously, given the ponderous mendacity, dissembling and skewing that have surrounded this case. I have no reason to lend any more credence to these latest press accounts than to the media's lock-step portrayal of this as a a racially-motivated assassination of a cherubic twelve-year-old, or NBC's doctoring of the 9-1-1 tape, or ABC's doctoring of the photos of Mr. Zimmerman's injuries, or . . . ad nauseum.

    This much I do know, the judge clearly felt he was hoodwinked at the bond hearing, and he wasn't in the least amused.

    I'm troubled at the idea that Mr. Zimmerman may have committed perjury (I presume witnesses are sworn at bond hearings). On the other hand, thinking I was going to be shanked in jail, or dragged into the streets and lynched by Al Sharleton's mob, I might have squirreled away some resources for a quick escape, too.

    Not my style, and not how I would have handled it, but I'm not a 28-year-old facing a racially charged second-degree murder charge, with thousands of death threats raining down on my head from every corner of the republic.
    "No one heals himself by wounding another." Saint Ambrose of Milan

    "...a contrite and humbled heart, O God, thou wilt not despise." Ps li:19

  8. #383
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    A couple of things that trouble me 'bout this:
    1. I heard a number of legal folks on TV saying his bond was 'bout normal for a case like this.
    2. The usual suspects that had already convicted him back then appeared to be demanding a higher than usual bond in this case, buy why?
    3. Some legal folks said the bond was normal for folks with limited means such as Zimmerman, but he is apparantly of really limited means as his parents reportedly used their house as collateral for the bond.
    4. It gets a bit sticky when we're discussing a person's means in this case-Zimmerman's or his parents?
    5. I'd have thought he would have used the money in the account to post bond so his parents wouldn't have to put their house at risk?

    The judge knew 'bout the money way back at an earlier hearing, and did not revoke his bond at that time - I hope the judge is not succumbing to political or ? pressure.

    I'm guessing maybe he didn't like the passport snafu-was that the straw that broke the camel's back?
    It only becomes class warfare when the working class decides to fight back.
    When they don't, it simply becomes a case of economic genocide.
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  9. #384
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    IANAL, but I have been called for jury duty if that counts (<--that's another lame joke.) Perhaps the prosecution felt that the defendant's resources available for legal defense should all be tied up in posting bond, leaving nothing to pay for a legal defense? It does make defendants with no job and no liquidatable assets (house, land, vehicle, stocks, bonds, IRA, etc.) more amenable to "cop a plea" rather than fight in court with no resources.


    Going by the prosecution's "motion to revoke bond" PDF I linked above, the prosecution documented that Zimmerman had a passport (2002), and a replacement passport (2004), and that the passport that was turned in was the 2002 one reported lost or stolen in 2004.

    It does turn out that the defense attorney turned in the replacement passport Friday, according to news reports. Again IANAL but I have read several commentaries on the history of the discovery agreement between the prosecutors and defense attorneys in the Ruby Ridge case and I think I understand how discovery is supposed to work. I wonder why the issue (where's the replacement passport) wasn't resolved by discovery communication between prosecution and defense but was instead taken to the judge? It could just be that federal cases are handled under different rules than Florida state cases.
    Cogito me cogitare; ergo, cogito me esse.

  10. #385
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    Perhaps the prosecution felt that the defendant's resources available for legal defense should all be tied up in posting bond, leaving nothing to pay for a legal defense?
    Wouldn't this best be served by raising the bond requirement, instead of revoking it?

    With the bond revoked, does Z get his $15k back, or does the bail bondsman keep that as his fee?

    Washington Post link: Zimmerman credibility may be issue in Martin case; judge says he lied to court about finances:
    This court was led to believe they didn’t have a single penny. It was misleading and I don’t know what words to use other than it was a blatant lie.

  11. #386
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    Perhaps the prosecution felt that the defendant's resources available for legal defense should all be tied up in posting bond, leaving nothing to pay for a legal defense? It does make defendants with no job and no liquidatable assets (house, land, vehicle, stocks, bonds, IRA, etc.) more amenable to "cop a plea" rather than fight in court with no resources.
    This was the first thing that popped into my mind Carl when I saw the news reports of the bond revocation. We all know they are trying to push Z into a plea with the trumped up murder 2 charges. So if they could really put a squeeze on his funds he couldnt afford to fight the good fight and would need to take an agreement.

    I also think the Prosecution was putting pressure on the courts to revoke the bond which would hurt his credibility by making him the back slider in the jury's eyes.

    If the passport and flight possibility was even an issue at the beginning then why even set a bond at all? IMO the judge felt comfortable with Z being free to roam about and still meet his trial obligations or there wouldnt have been a bond at all

    The issue with anybody's finances having to do with anything "justice" related is beyond me. The courts are supposed to be like church in a sense. God gives everybody the same treatment rather they are rich or poor and there is no special treatment for people with more money. This is what the courts are obligated to do as well. There is no difference between a billionaire committing murder and a guy that sweeps up at Micky D's. They both have their right to a fair and speedy trial.

    This thing has turned into a lynching now more than ever. They are doing everything possible to lynch Z over this shooting. Just the simple fact that the local SA couldnt drum up a case for manslaughter to start with,but, the state pulled another SA from another region of FL that somehow brought up murder 2 charges is just plain silly IMHO. Now all of this BS has surfaced is just BS.

    I agree with Mr. James on the passport issue. I might be inclined to keep a passport as well if I thought a mob was coming after me or perhaps a bunch of BS from the legal system was going to trap me into spending the rest of my life prison for defending myself.
    Brandon

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  12. #387
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    I might be inclined to keep a passport as well if I thought a mob was coming after me...
    Keeping a passport, as we have seen, is an impossibility. Using one might have been possible: use it or lose it. Too late now.

    Z has lost both of his passports now, and perhaps lost more. So much for his attempt to "outsmart" the judge who ordered him to surrender his passport, if that's what this was.

    I still don't see how revoking his bond hurts him financially more than making him post it.

  13. #388
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    Circuit Judge Kenneth Lester said Friday that George Zimmerman misled the court about how much money he had available when his bond was set for $150,000 in April. Prosecutors claim Zimmerman had $135,000 available that had been raised by a website he set up.
    Silly me. All these years, I thought bond was to guarantee you showed up for court. Does anyone think Zimmerman was a flight risk? Hell, he should have gone by now. And I wouldn't blame him after knowing there is a bounty on his head.
    Now I learn the purpose of bond is to destroy ones family. Clean you out. Take everything. Who knew?
    So now, Zimmerman will be put in jail with a population who thinks he should be killed. Thanks, judge.

    That he exited in the rain in no way contradicts that he might have been emotionally hot and bothered. In fact, that he got out of a nice warm car into the cold rain argues that he was emotionally involved and invested in finding M.
    Sure he was emotionally involved. Has anyone said that's a bad thing?
    Do you think cops aren't emotionally involved when they catch a fleeing suspect?
    Zimmerman was a community watch captain. He took it upon himself to help control crime in his condo development. Now, he sees a suspicious black kid, and he recalls that there have been 8 burglaries in the condos, where the perp was a black kid. So, he wants to stop another burglary, and calls 911. Jeez, if your goal is to shoot a black kid, don't call 911 first. Duh!
    He agrees to meet the cops and follows the suspect. I don't have a problem with any of that.


    The unintended consequence will be that no one will want to be a community watch captain anymore.

    The biggest problem is that the nation's chief law enforcer, wants to see this guy hang. The president has made statements like "If I had a son, he'd look like Trayvon." Holder has said, "I'm not the tall attorney general, I'm the black attorney general." Also, "I'm not interested in prosecuting black on white crime." and he's lived up to that.

  14. #389
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    Sure he was emotionally involved. Has anyone said that's a bad thing?
    Nope; including me. Which is why I'm continually surprised whenever someone jumps on my supposition that he was emotionally involved in pursuing the fleeing M.
    The unintended consequence will be that no one will want to be a community watch captain anymore.
    Or a black 17 year old.

  15. #390
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    http://www.foxnews.com/us/2012/06/03...attorney-says/
    "Zimmerman has returned to Florida to surrender, attorney says", Associated Press, 3 Jun 2012.
    ....the deadline for his surrender is 2:30 p.m. Sunday.

    http://news.yahoo.com/attorney-says-...125317033.html
    Kyle Hightower, Mike Schneider, "Attorney says George Zimmerman has returned to Sanford, Fla., and will surrender on Sunday", Associated Press,
    3 Jun 2012, 9:42am
    SANFORD, Fla. - George Zimmerman has returned to Florida and will turn himself in to authorities by Sunday's deadline after a judge revoked his bond in the Trayvon Martin case, an attorney said.

    Attorney Mark O'Mara announced Zimmerman's return on his website Sunday, saying Zimmerman arrived late Sunday evening. Zimmerman, who is charged with second-degree murder in the fatal shooting of the 17-year-old Martin, was ordered by a judge Friday to return to jail.

    ........

    If Zimmerman comes back to Florida from hiding on bail out of state and promptly turns himself in in response to the judge's order, that should actually help him as much as his promptness in surrendering when prosecutor Corey filed her charges.

    Remember, in Florida a local prosecutor (= district attorney in most locales) is called a State Attorney (SA) and a less-than-death-penalty case will be heard by a jury of Six. And I believe that there are probably a lot of things different about Florida law than those of us opinionating on the internet know about. Statute law and case law will always be different in different locales, which is why some lawyers hire local attorneys for assistence.

    If the replacement passport in question (among other papers) was in possession of the lawyer on Friday when the bond revocation was announced while Zimmerman was in hiding out of state while free on bond, the passport would not have been very useful for a flight. (I take the "late Sunday evening time" return time announced Sunday 9:42am is either typo or someone counts after midnight as still evening continued into nextday.) (add: later sources specify he returned Saturday evening)

    UPDATE:
    http://wtvr.com/2012/06/03/zimmerman...-amid-threats/
    Nick Dutton, "Zimmerman returns from undisclosed location amid threats", CBS 6 WTVR Richmond, 3 Jun 2012, updated 11:16am.
    CNN Wire Staff

    SANFORD, Florida (CNN) – George Zimmerman returned to central Florida late Saturday and will surrender to authorities before a Sunday afternoon deadline, his attorneys said.

    http://www.digtriad.com/news/local/s...storyid=230859
    CBS News, "George Zimmerman To Return To Jail Today", WFMY Channel 2, Greensboro, 3 Jun 2012, 11:13am.
    Crump was asked if he thought that if Zimmerman would be willing to lie about his finances that he would be willing to lie about what happen the night Martin was killed.

    "We fully expect that the special prosecutor will make George Zimmerman's credibility be front and center in this entire case," Crump said. "And whatever dishonesty that comes forth by George Zimmerman that they can prove, you can best believe it will become the issue of this case."

    Abstract questions: If asked about personal finances in a bond hearing, do third party donations to a defense fund count as a personal asset?
    Either way, if you are otherwise indigent, should third party donations for defense funds be counted as personal assets?

    -------------------------------------------------------------------

    http://www.theglobeandmail.com/news/...rticle4227318/
    Kyle Hightower, Mike Schneider, "Trayvon Martin shooter George Zimmerman back in police custody: lawyers", Associated Press, Sunday 3 Jun 2012, 1:58 PM EDT
    George Zimmerman has returned to Florida and is in police custody, the defence team says.
    --------------------------------------------------------------------

    http://www.pressherald.com/news/The-...ted-Press.html
    Associated Press, "Bond revoked, Zimmerman returns to Fla. jail", Maine Sunday Telegram, 3 Jun 2012.
    This afternoon, about 40 minutes before the 2:30 p.m. deadline to surrender, Zimmerman was listed as an inmate on the John E. Polk Correctional Facility's website. He was listed as being held without bail and having $500 in his jail account. Prosecutors had said Zimmerman and his wife told the judge at a bond hearing in April that they had limited money, even though he had raised about $135,000 through a website. Defense attorneys said the matter was a misunderstanding.
    http://media.pressherald.com/images/...zimmerman4.jpg

    -----------------------------------------------------------------------

    The morning paper carried this article
    Associated Press, "Zimmerman in jail after bond revoked", Kingsport Times-News, 4 Jun 2012.

    Seminole County Sheriff Donald Eslinger said Zimmerman turned himself in to two sheriff's office employees around 1:25pm near the jail, and then was driven there.
    That was 65 minutes before the deadline.

    About 40 minutes before the 2:30pm Sunday deadline to surrender, the Seminole County jail Web site listed Zimmerman as an inmate.
    "He is quiet and cooperative," Eslinger said at a news conference after Zimmerman's surrender.
    -----------------------------------------------------------------------

    In regards to the trial: will peaceably surrendering before the deadline when ordered to turn himself in (once by prosecutor Corey when she filed 2nd degree murder charge, next when when judge Lester revoked his bond) and always being cooperative with authorities gain Zimmerman any brownie points?

    http://news.yahoo.com/zimmerman-back...003953451.html
    Jennifer Kay, "Zimmerman in jail after bond revoked", Associated Press, 4 Jun 2012.
    The sheriff's office said the 28-year-old Zimmerman would be in a cell by himself, separated from the general population, because the case is so high-profile. The 67-square-foot cell is equipped with a toilet, two beds, a mattress, a pillow, a blanket and bed sheets. Zimmerman will not have access to a TV.
    Last edited by Carl N. Brown; June 4th, 2012 at 07:36 AM. Reason: update
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  16. #391
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    Already there are leftist commentators putting out the spin that Corey was appointed for the express purpose of torpedoing the case against Zimmerman. Before this is over everyone will wish Wolflinger had carried a quiet, nonpublic investigation and presentment to the grand jury.


    Jeralyn Merritt, a criminal defense attorney, discussed "special" prosecutor Angela Corey's alleged "hissy fit" threatening to disbar and charge Dershowitz with libel and slander and sue Harvard law School over Dershowitz' criticism of Coery's Zimmerman affidavit. Jeralyn posted at Talk Left a liberal crime law blog on Corey's affidavit supporting the 2nd degree murder charge against Zimmerman:
    ....
    In my opinion, not only was the affidavit in this case legally questionable as to what was included and omitted about the investigation, it failed to allege any facts to establish probable cause for second degree murder, the crime for which the arrest warrant was sought. The affidavit didn't apprise the reviewing magistrate of the elements of the crime or its theory as to why probable cause for that particular crime existed, as opposed to manslaughter or a lesser crime. There were no facts set forth that it represented to be evidence that Zimmerman acted with a depraved mind or out of hatred, ill-will, malice or spite.
    ....
    In: http://www.talkleft.com/story/2012/6/6/63420/28270
    Jeralyn, "Dershowitz Says Angela Corey Threatened to Sue Harvard for Zimmerman Criticism", Talk Left, 6 Jun 2012.
    And there is this criticism:
    ....
    (Sandy) D'Alemberte is a former president of the American Bar Association, a former president of Florida State University and a law professor — not too shabby in the legal credentials department. When Corey was appointed to head up the investigation into the shooting death of Trayvon Martin by George Zimmerman, D'Alemberte had this to say:

    "I cannot imagine a worse choice for a prosecutor to serve in the Sanford case. There is nothing in Angela Corey's background that suits her for the task, and she cannot command the respect of people who care about justice."
    ....
    In: http://jacksonville.com/opinion/blog...y-fits-threats
    Ron Littlepage, "Angela Corey's hissy fits, threats unprofessional", Jacksonville Florida Timns Union, 8 June 2012.
    Corey is no fan of self-defense with guns, according to her bio at Wikipedia:
    In May 2012, Angela Corey prosecuted 31-year-old Marissa Alexander and obtained a mandatory minimum sentence of 20 years in prison after Alexander fired a gun in the direction of her abusive husband, a man who admitted to past incidents of domestic violence, including a 2009 incident that put Alexander in the hospital.[28] Alexander had no prior criminal record and possessed a court-issued protective order against her husband at the time of the attack. She was first offered a plea bargain of a 3 year sentence. Upon turning it down, she was prosecuted by Corey resulting in a conviction and sentence that has been called harsh.[29] Critics of the prosecution include U.S. Rep. Corrine Brown who accused Corey of being overzealous,[30] and labeled the case “institutional racism.”

    28. "Angela Corey lashes out at critics of Marissa Alexander prosecution". http://www.thegrio.com/specials/tray...rosecution.php.

    29. ""Stand Your Ground" defense fails in Florida shooting case".
    http://www.msnbc.msn.com/id/47422732...shooting-case/

    30. "Florida woman sentenced to 20 years in controversial warning shot case".
    http://www.cnn.com/2012/05/11/justic...html?hpt=hp_t1.
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  17. #392
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    Carl, I'm not sure what point you are making. If it's that once this case "went political", the Governor went to a political SA, I agree. That doesn't mean she's a bad choice. Her job is to pursue the state's case with all vigor.

    On the other hand, Dershowitz's job is to promote Dershowitz. That he and other commentators don't seem to mind bashing Corey to promote themselves? Not surprising. That she, a political player, responds with a meaningless--but headline-grabbing--threat to sue Harvard? Also not surprising.

    We all know that the question of Z's guilt will be decided in a court (unless the case is dismissed before that), not in the press. So will the question of Corey's competence be decided there.

    So far the only gaffs have been committed by Zimmerman and/or his lawyer; and that's why he's in jail instead of out on bond.
    "Florida woman sentenced to 20 years in controversial warning shot case".
    There is nothing anti-gun about this case. I have no reason to question the charge or the verdict: IMHO, she committed aggravated assault.

    The sticky points about this case were 1) the conviction of a person who claimed to be a battered woman, and who claimed that she was prosecuted because she was black; and 2) the fact that the judge had zero leeway in the sentence: 20 years mandatory. The defendant turned down a plea bargain for 3 years.
    Last edited by Loosedhorse; June 8th, 2012 at 07:06 PM.

  18. #393
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    Come now, the protection order in the Alexander case is irrelevant? Yes, I know these are as cheaply obtained as Kleenex. Still. If you truly believed you were innocent of any wrongdoing, would you accept three years in prison as a good deal? I wouldn't. And sure, playing the race card is bovine effluent, as it always is in this age. That card is so dog-eared, creased and tattered that even the loony left can spot it in the deck. Still.

    As to Mr. Martin and Mr. Zimmerman, we have a bunch of attorneys, professors of the law (i.e., attorneys), attorney common-taters (i.e., attorneys), all opining that Mzzz Corey's arrest affidavit was false (half-truths are lies), misleading (which it clearly is) and unethical (in no position to opine, as I'm not an attorney).

    What gives? I'll say again, the handling of the Zimmerman case by the state of Florida stinks to the highest heavens.
    "No one heals himself by wounding another." Saint Ambrose of Milan

    "...a contrite and humbled heart, O God, thou wilt not despise." Ps li:19

  19. #394
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    I agree with Mr. James 100%. Anytime a state prosecutor doesnt feel confident he can bring a person up on manslaughter charges then certainly another couldnt pull murder 2 charges out of her butt. Way too much lattitude between the two charges and certainly more critical evidence required to make the heavier charge stick. Itis indeed a trumped up charge to work a plea down to a conviction of some sort.

    What absolutely sucks in this case is the ultimatums. Should Z not take the plea then he will burn if convicted. He will be an old man if he ever gets out the penn. I bet the plea will require a lot of down time as well. Say probably 5 yrs down,but,25 or more if he rolls the dice and craps out.

    Then again if someone told me I am going to prison either way it shakes it out w/o being found innocent I would probably roll the dice as well. This will be the only chance of freedom in the skunk works.

    Now we wait and see if he gets cold feet or not.
    Brandon

    Take a kid shooting. They are the future.

  20. #395
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    If you truly believed you were innocent of any wrongdoing, would you accept three years in prison as a good deal?
    If I left the house where I was threatened, was not pursued by my claimed attacker, got my gun, re-entered the house, fired a shot that I'm claiming was a warning shot (maybe cause I just missed?) toward a room containing two kids, AND knew that a judge had already rejected my motion to dismiss under SYG because he ruled my actions were not consistent with SD, AND knew that there was a mandatory sentence of 20 years hanging in the balance...

    I might have to accept the fact that, under FL, I was not innocent, even if I "believed" otherwise.

    And eventually (if she fails to mount an appeal, or if she does and it fails, as I would predict), she will have to accept that fact, without the 17 year discount. An unreasonable belief that you are innocent is not a defense, and a jury, not you, decides your reasonableness in court.
    pull murder 2 charges
    I've already discussed the FL definition of SDM. To my mind--Dershowitz's windiness notwithstanding--the SA can try to make her case. It will IMHO turn entirely on the credibility of Z.
    Now we wait and see if he gets cold feet or not.
    Cold feet, or that nagging sense that he really did commit a crime.

  21. #396
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    Mr. James posted above:
    ...the judge clearly felt he was hoodwinked at the bond hearing, and he wasn't in the least amused.
    I'm troubled at the idea that Mr. Zimmerman may have committed perjury ....
    Dershowitz had the same impression, but another commentator pointed out:
    ...Zimmerman wasn't questioned by either side about finances at the bond hearing, so it wasn't his testimony but his wife's testimony that was incomplete, which the state and judge think he had a duty to correct...
    --- http://www.talkleft.com/story/2012/6/6/63420/28270
    Jeralyn Merritt, "Dershowitz Says Angela Corey Threatened to Sue Harvard for Zimmerman Criticism", Talk Left, 6 Jun 2012.
    Zimmerman's wife may have thought the defense fund and their personal finances were two seperate things. Zimmerman answered the questions that were asked of him when he was on the stand. Zimmerman did not volunteer answers to questions that were not asked of him.
    Cogito me cogitare; ergo, cogito me esse.

  22. #397
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    Quote Originally Posted by Carl N. Brown View Post
    Mr. James posted above:

    Dershowitz had the same impression, but another commentator pointed out:


    Zimmerman's wife may have thought the defense fund and their personal finances were two seperate things. Zimmerman answered the questions that were asked of him when he was on the stand. Zimmerman did not volunteer answers to questions that were not asked of him.

    So much for the right to remain silent.
    You may think I just fell off the turnip truck but keep in mind I grew the turnips and it's my truck.

  23. #398
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    the right to remain silent.
    I didn't know that applied to qs about your finances for the purposes of bail.

    In any case, Z chose not to remain silent. But perhaps the judge also feels Z violated his oath to "tell the truth, the whole truth, and nothing but the truth;" and instead just told that portion of the truth that served his purposes.

    I guess it just comes down to what the meaning of the word "is" is.

  24. #399
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    Zimmerman's wife may have thought the defense fund and their personal finances were two seperate things. Zimmerman answered the questions that were asked of him when he was on the stand. Zimmerman did not volunteer answers to questions that were not asked of him.
    If you read this portion of the statement it clearly says that Z told the truth,the whole truth and nothing but the truth. He was never asked about his finances. The media is already twisting it into a tale of him lying under oath and it didnt happen.
    Brandon

    Take a kid shooting. They are the future.

  25. #400
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    Zimmerman did not volunteer answers to questions that were not asked of him.
    If you read this portion of the statement it clearly says that Z told the truth,the whole truth and nothing but the truth.
    I guess it just comes down to what the meaning of the word "is" is.
    Says it all.

    If you let stand an impression that is false, you have not IMHO told the whole truth. And no one should be surprised if it comes back to bite you in the form of a judge revoking your bond, or a bar association fining you and suspending your license for 5 years.

    This idea that you've kept your oath if you walk off the witness stand giggling to yourself "Hee, hee, they didn't ask the right questions, or didn't word them the right way, hee, hee" doesn't seem to fly with judges.
    Last edited by Loosedhorse; June 10th, 2012 at 11:42 AM.

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