Zimmerman case and second-degree murder
One of the odd things about the latest announcement in the Zimmerman case is that the charge was second-degree murder. That’s much heftier than was expected, but it could have been done in order to temporarily placate those crying for Zimmerman’s blood. It doesn’t mean the charge will hold. Even the NY Times says:
Under second-degree murder, the jury must find that a death was caused by a criminal act “demonstrating a depraved mind without regard for human life,” said Eric Abrahamsen, a criminal defense lawyer in Tallahassee, reading from the state’s standard jury instructions. The maximum sentence for second-degree murder is life in prison; the minimum penalty under these charges is 25 years.
Dan Markel, a law professor at Florida State University, said he was “very surprised” by the severity of the charges “in light of the evidence that seems to have been brought to the attention of the public so far.” Many legal experts had predicted that Mr. Zimmerman would be charged with manslaughter.
The charge of second-degree murder also means that Mr. Zimmerman will not be entitled to be released on bail before his trial. Instead, his lawyer will be able to ask for what Florida calls an Arthur hearing, which can take place weeks after the arrest, to determine whether he should be allowed to post bond.
Jeff Weiner, a former president of the National Association of Criminal Defense Lawyers who practices in Miami, said an Arthur hearing “is not a mini-trial, but it’s a very good preview of the evidence that the state has at this point.”
Mr. Weiner suggested that the prosecutor might have “overcharged” to retain the option, should she feel a murder conviction is slipping away, of asking the judge to instruct the jury to consider lesser offenses, like manslaughter. It is also possible, he said, that she might be trying to coax Mr. Zimmerman to the negotiating table to plead guilty to such a lesser charge. But, he added, it is impossible to say whether it is overly tough, since evidence has not yet been produced.
The case will almost certainly include a pretrial hearing to determine whether the state’s Stand Your Ground law, which grants broad protections to people who claim to have killed in self-defense, applies; if the judge finds that Mr. Zimmerman acted appropriately, the case will end there. If the judge decides that the protections of the law do not apply, the case will go forward.
From no charges to second-degree murder; Justice was blind but suddenly, over the uproar, cries out “hallelujah, I can see”!
Alan Dershowitz–yes That Dershowitz–is right: Somebody with $$ hire Roy Black and the case is ovvveeerrrrrrrrr….Baa-Daa-Bing.
This Orlando Sentinel article http://articles.orlandosentinel.com/2012-04-12/news/os-trayvon-martin-george-zimmerman-charged-jail-20120412_1_face-murder-charges-today-show-accident
reports on the pre-trial affidavit. I find some of the claims of the prosecution to be baffling.
I will highlight one claim: “Zimmerman confronted Martin.” The claim is bull@#$%.
Martin was staying with a relative, in a condo which was only 8 or 10 condos distant – down the walkway which ran behind the condos. Zimmerman remarked, to the 911 operator, that Martin had disappeared and was getting away. Did the 27 year old Zimmerman catch up to a 17 year old Martin who was determined to flee? No. Martin was not “trapped” in any way. He had numerous escape paths, to both the east and the west, in between condo buildings; or Martin could have simply outrun Zimmerman, down the path between condo units, to the condo in which Martin was staying. There is only one conclusion: Martin doubled back and confronted Zimmerman. This, in fact, is what Zimmerman says happened, and this is supported by the geography of the area, and by Zimmerman’s comments to the 911 operator.
I expected the prosecutors to say that Martin doubled back and confronted Zimmerman, followed by words being exchanged, followed by physical altercation, followed by inappropriate force being used by Zimmerman. I am shocked that prosecutors are saying Zimmerman confronted Martin.
I am also shocked that prosecutors are hanging part of their affidavit on Martin’s Mom saying that the screaming voice was Trayvon. She originally said she could not tell whose voice was on the tape. And a neighbor, “John”, who called 911, stated that Martin was on top of Zimmerman, and Zimmerman was screaming.
There is more evidence which weighs in Zimmerman’s favor, but I will stop. I fully recognize that there might be forensic evidence which has not been made public, or other evidence which has not been made public, which shows that Zimmerman is a murderer. I expected a hint of such evidence in the public affidavit of the prosecution. I DID NOT expect “Zimmerman confronted Martin” + Martin’s Mom vouches it was Martin’s voice on the audio. Weak tea. At this point, based on what is publicly known, this looks like malpractice by the Special Prosecutor. Eventually, we shall see the truth. But I am angry about this weak affidavit.
Tom Maguire has followed the case on his blog, and is also unimpressed with the prosecution affidavit:
http://justoneminute.typepad.com/main/2012/04/zimmerman-trial-evidence-ex-machina-or-not.html
On CNN tonight, Alan Dershowitz called the prosecution affidavit “extraordinarily weak”, and characterized the Special Prosecutor’s press conference remarks as resembling an election speech.
This has become not a matter of justice, but a matter of radical-racist politics. Based upon the evidence that has been revealed, this is a clear case of self-defense versus a racist MSM kerfuffle.
http://tinyurl.com/bph5jn
The left does not understand their own rhetoric. That is why we will be victorious. Game on whenever they have the courage to step forth. All I see now is MSM rhetoric, and I don’t need no stinking rhetoric.
With respect to the Zimmerman charges, I offer this insight for what it is worth. My wife spoke to her brother this evening. He is a retired Judge from Jacksonville, Fl, who is now a practicing defense attorney. His comment about the Special Prosecutor, who is also from Jacksonville, was that she is completely political and any action she takes is first and foremost a political act. His assessment is supported by the comments from various legal authorities that assert that the Prosecutor over reached badly with the second degree murder charge. Of course that is probably the least charge that would pass muster with the racial professionals, and the folks who respond to their rhetoric
Some folks have pointed out that the charges must be above board because she was appointed by a Republican Governor. My response was that most anyone can be intimidated by the threats that have repeatedly been made in this situation. No Governor wants to deal with a racial maelstrom.
I suspect that no matter the result of the impending trial, Zimmerman is a dead man walking. The estimable Mike Tyson weighed in today expressing his disappointment that Zimmerman has not been shot. We know that bad things happen to people when Mike Tyson is in the neighborhood. Not to imply that he is in any way responsible.