@hawkeye10,
Quote:I don't think that the state has a case for the top charge, and I don't think they have any chance of getting a jury to go with manslaugter.
They can make a case for the top charge if they portray Zimmerman as a man with a history of problems controlling aggressive impulses--he was court-ordered to take anger management classes in the past--and if they portray him as a man with psychiatric/personality problems that could have affected the judgment and actions on his part that led up to the shooting--and he was prescribed two types of psych meds at the time of the shooting.
Zimmerman did misjudge Martin's behavior from the getgo--Martin wasn't doing anything but walking in the rain and talking on his cell phone, and he had a legitimate right to be in that gated community--he was the guest of a resident. Because Zimmerman convinced himself the kid was a criminal and up to no good, and because he was obsessed with not letting this alleged punk get away and elude the police, it was Zimmerman who engaged in the impulsive actions which brought about a deadly confrontation.
Zimmerman provoked a confrontation that was entirely avoidable. All Zimmerman had to do was sit in his car and wait for the police to show up in response to his calls.
I don't know whether the state can make a convincing case for the top charge, but they have a stronger case for manslaughter.
And it's Zimmerman who has a number of inconsistencies to try to explain away at an immunity hearing in order to make a justified self defense claim. And his credibility with this judge is already tarnished because he did mislead the court at his first bond hearing.
Zimmerman is a man with very lousy judgment--and his trying to mislead the court revealed that. I think the state can show he displayed very lousy judgment in the actions he took that led up to the killing of Martin. The death of Martin was entirely needless and avoidable--he was a 17 year old kid returning to where he was staying after a trip to a convenience store. It was Zimmerman's poor judgment and impulsive actions that turned an innocuous situation into a tragic needless encounter. Whether a judge or jury can be convinced that this killing was legitimate, justified, self defense remains to be seen.
Meanwhile, this won't play out in a courtroom for another year, and this thread will just keep going around in circles.
Quote:Is questioning a fellow citizen about the presence in a particular place the starting of a confrontation? Could be.
When the fellow citizen is a barely 17 year old, who was minding his own business when this strange guy began watching and following him on a dark night, which might well frighten the kid, and apparently did frighten him, it certainly could result in a confrontation in which that kid was trying to defend and protect himself. Zimmerman never even bothered to tell Martin he was part of a Neighborhood Watch, to explain his behavior. How could Martin have had any idea what Zimmerman was up to?