@BillRM,
Quote:once more it is the state repeat the state burden prove beyond a reasonable doubt that Zimmerman version of self defense is not true.
No, you don't have that correct either. You are confusing what the state must prove at trial with what goes on at an immunity hearing.
Quote:Two years ago, the Florida Supreme Court ruled that anyone claiming "stand your ground" immunity in a death, battery or assault case can request a hearing on the evidence.
The hearing allows the prosecution and defense to argue all the elements of self-defense in the case evidence. To get charges dismissed,
the accused must convince the judge that a reasonable person would believe that using deadly force or the threat of deadly force was the only way to protect his or her life, court records show....
In its Dec. 16, 2010, ruling, the state Supreme Court stated that defendants claiming self-defense are entitled to evidentiary hearings to argue that the evidence in their cases proves they had the right to protect themselves.
http://articles.orlandosentinel.com/2012-04-11/news/os-george-zimmerman-stand-your-ground-hearings-20120411_1_eric-sandhaus-craig-sandhaus-milton-torres
And the judge must be convinced by a preponderance of the evidence that the defendant had a right to defend himself with deadly force--and it's
the defendant who has to convince the judge of that. "Beyond a reasonable doubt" doesn't enter into an immunity hearing at all--it's a lower standard of proof in an immunity hearing than it is in a criminal trial.
The immunity hearing is a specific defense motion to dismiss the claims of the prosecution. Therefore, it's the defense who must present the arguments and evidence in support of their motion.
You have this fantasy that people don't have to prove, by a preponderance of the evidence, that they acted in self defense because they feared for their lives, when that's exactly what they must do to convince a judge at an immunity hearing in Florida.
But, Mark O'Mara, Zimmerman's lawyer has said he's not even sure that the Stand Your Ground statute even applies in this case. If he feels the statute does not apply, he might not even request an immunity hearing and it will just go to arraignment and then trial. Or, even if the statute does not apply, the hearing can be held, but the judge can reject the motion to dismiss if he feels the statute does not apply, or if he is not convinced by a preponderance of the evidence that the killing of Martin was a justifiable act of self defense. Zimmerman will then go to trial.
Quote:Sorry this case was created out of political pressure and will not go beyond the self defense hearing.
It was public pressure, not political pressure, that resulted in the appointment of a special prosecutor, and it was her decision to arrest and charge Zimmerman.
If anything, that same public pressure would be in the direction of moving the case to trial and not dismissing it.
That doesn't mean that the judge will be influenced by public pressure, from either side, and it doesn't mean that he won't rule solely based on the law and the evidence presented to him at the immunity hearing.
But you don't seem to understand exactly what transpires at an immunity hearing--not if you don't understand
what the defendant has to prove at such a hearing.
Your understanding of actual legal issues and legal proceedings is rather confused and distorted, which is par for the course with you.