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Discussion in 'Cop Talk' started by nitesite10mm, Apr 11, 2012.
Let the scrutiny begin!
How does Murder two read in Florida?
Any examining trial options?
Why was a Grand Jury not used? Would they have tossed out the case?
This. I personally think this is going to blow up in the SA's face, but I guess we'll just sit back and see what happens, huh?
I saw the story on the news. Al sharpton was right next to the mother of the "victim." This case has already been tried by the media. Interesting that the local police who responded to the scene did not feel that an arrest was called for. Now, 6 weeks later, jackson and sharpton have persuaded the local authorities to charge Zimmerman with 2nd degree murder. Nice to see where the power lies in America today.
I'm not surprised. Zimmerman was going to be thrown under the bus regardless of the evidence. Don't know how FL law reads, but involutary manslaughter might have been a more suitable charge, IMO.
Especially after seeing Holder buttsnorkling Sharpton today. Contemptible comes to mind.
I saw a report that the local cops requested manslaughter charges from the Prosecutors office.
As did I, but an out-of-custody warrant for a lesser charge (which was denied, BTW) vs an on-scene arrest is quite a difference with regard to the amount of evidence and such that was readily available, I'd say. The fact that the department requested a lesser charge, were denied and the special prosecutor goes for a higher charge is intriguing to me, I must admit.
Personally, I think she shot herself in the foot going after ANY murder charge.
With this media circus I do not see how this man will receive a fair trial. Regardless of personal opinions of the people in the state, this should have remained a state issue. But ... noooo in comes the rabble rousers, just like the sanhedrin rabble roused people and used false witnesses back in their era. Ironic that at least two of the Nation's most well known rabble rousers have the title Reverend appended to their names.
Quite frankly I hope he gets off Scott free. The war is reaching a roiling boiling point there. We might all of us should prepare for that eventuality that we will have to attempt to create order within the storms coming our way.
Well... in FL, you do not need a grand jury to charge someone unless you are going after a first degree murder indictment. The prosecutor has discretion to charge lesser crimes and in this case, she hedged her bets on not getting an unpredictable grand jury which might not give her an indictment.
Even though double jeopardy does not attach at a grand jury proceeding, the prosecutor would have to seat another grand jury and go through it again to get the first degree indictment, costing time and money which they might not have or she might not have permission to do at this point.
Also, since this case is tried heavily in the media, if the grand jury does not indict, there will be political fallout on both sides of the equation, prosecution and defense, if there is a second grand jury. Would it be worth inflaming the race baiters if the first grand jury does not indict? That would be a consideration if I was prosecuting the case. Sad state of affairs that politics dictate the future of Zimmerman who is just a pawn now in the race game.
She went for the sure thing on the charge and went for the 2nd degree within her discretion so she can at least proceed on that theory.
I hope the judge has sense enough to bar all cameras from the courtroom. Let the process work for itself. I mean, they eventually got O.J. after that Court TV fiasco back in the day, but it took a couple decades and an armed robbery.
Zimmerman doesn't have OJ's money, so the only hope for a credible defense is to attract some high-powered media whore to work pro bono.
No the local authorities were the ones who did not see any criminal activity on the part of Zimmerman. It took a "special" person to see things that the LEO's knew was not there ....
If the judge doesn't let this turn into a media circus, maybe there can be a semi-decent chance of it being a real trial rather than a farce.
Is manslaughter a lesser included charge to second degree murder in FL?
This is not accurate. The lead investigator for Sanford wanted manslaughter charges filed but the district State prosecutor did not believe there was enough evidence at the time to file charges. The case was never over at that point and the investigation was ongoing. The media circus lead the FL Governor Scott to appoint a Special Prosecutor. There is nothing known at this time to suggest that the initial process would not have lead to a Grand Jury coming up with an indictment against Zimmerman if the process had been left alone to run its course.
I'm personally of the opinion that a grand jury wasn't used b/c the prosecutor thought she had a weak case and didn't want to be the one to put it before a grand jury and have it tossed out.
I would like to think they did not file charges just to appease those yelling for an arrest. But, my gut says they did.
On the other hand, if they don't have enough to convict, this should help Zimmerman.
A not-guilty verdict means he cannot be tried again for the same charges for the same incident.
If they also file the lesser included charges (manslaughter, criminally neligence homicide, etc) he is safe from everything but a civil rights charge in the future.
And it would help him in the inevitable lawsuit.
A former Douglas County (Colorado) DA would file murder/homicide charges against officers involved in a legit shooting, rush to trial, and lose, just to protect the officers from future charges and suits.
I dont know enough about the case to comment on specifics but based on the race mongering being thrown about in the media, even if zimmerman is found not guilty they the department of justice will go after him federally for whatever they can. This wont be over for years in the future. If he truely was justified it sucks to be him right now. I dont see him getting off this.