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The State of Florida vs George Zimmerman: The Trial

 
 
hawkeye10
 
  2  
Mon 15 Jul, 2013 10:19 pm
@OmSigDAVID,
you cant prove that Martin committed a criminal act just before dieing, but the whinning "he shot an innocent kid!" can not be proven either. what we do know is that under the law that is in force zimmerman should not have been in court unless the state could prove martin innocent.

everybody believes what they want to believe but nobody can prove anything. our law works off of proof. OOPS!
cicerone imposter
 
  1  
Mon 15 Jul, 2013 10:48 pm
@hawkeye10,
What kind of idiocy are you talking about?

You wrote (only an idiot would say such a dumb thing),
Quote:
under the law that is in force zimmerman should not have been in court unless the state could prove martin innocent.
0 Replies
 
oralloy
 
  1  
Mon 15 Jul, 2013 11:04 pm
@revelette,
revelette wrote:
Since he knew the police were coming he should have let them handle it rather than worrying about the "punks always getting away."

As if it were bad for someone to try to help out the police by keeping tabs on someone they found suspicious?
0 Replies
 
oralloy
 
  1  
Mon 15 Jul, 2013 11:05 pm
@timur,
timur wrote:
Even if it implies murdering innocent black teens?

I saw nothing in his statement that implied murdering anyone.
0 Replies
 
oralloy
 
  0  
Mon 15 Jul, 2013 11:07 pm
@BillRM,
BillRM wrote:
So we are looking at a repeat of the state actions where the state at first did not bring charges until political pressure was place on them and now we are in the same position at the Federal level with even less reasons to think that there was any criminal wrong doing that would be cover under the Federal civil rights laws.
Nice to know that we have not only the best congress money can buy but the best justice system that pressure groups can control.

If they try bringing bogus charges in federal court like that, I imagine a judge would just summarily dismiss the charges, and maybe even make the government pay Zimmerman's legal bills.
0 Replies
 
OmSigDAVID
 
  2  
Mon 15 Jul, 2013 11:07 pm
@firefly,
Quote:
My question was whether u heard O' Mara offer that argument to the jury or not.
firefly wrote:
No, I don't think he offered that argument.
Thank u; I deem O'Mara to be in malpractice, but no damages.

DAVID wrote:
U believe that Travon was brave enuf
to aggressively march up to someone holding a gun,
to smack him in the face when he was already pointing his gun at Travon
firefly wrote:
I think--from Rachel Jeantel's testimony--that it was Zimmerman who suddenly approached Martin,
while he had his hand on his gun, and he may have reached for, or grabbed, Martin's sleeve,
to keep him from running off (which is why Martin said, "Get off me").
At that point, Martin may have punched him in the nose, defensively, and Zimmerman
pulled out the gun as he fell to the ground, before Martin got on top of him. Martin then saw the gun,
began screaming for help, and struggled to get the gun away from him before Zimmerman fired it.
Scream and not FLEE the scene, but attack him on the ground??
Was that b4 or after he was beating Zimmy 's head on the cement?
Assuming that TM was trying to get Zimmy 's gun,
then Zimmy 's life wud depend on his keeping it out of the perp's hands. Yes ?






firefly wrote:
Neither side was able to satisfactorily explain how Zimmerman was able to get his gun out
from under himself if Martin was on top of him pinning him down, since the gun was holstered in the back.
1. Do both sides have equal burdens of proof??
2. Your description is inconsistent with the evidence.
Zimmy showed, by manual gesture, that his gun was on his right hip,
canted very slightly toward the back; a popular carrying position
(which I don't favor). Friction with the Earth in a dynamic struggle
(or impact with the Earth, on falling over backward)
easily coud shift the gun out onto his right hip, if he moved along the ground.




firefly wrote:
The prosecution contended that Martin was getting up, and withdrawing,
or drawing his arm back,
to slug him again ??





firefly wrote:
and that's how Zimmerman got the gun out and shot him--unjustifiably at that point.
I don't believe that the law requires anyone to put up with being beaten as described,
to protect the bad guy. That is not what the Florida Legislature intended.






firefly wrote:
As I recall, the defense offered no explanation,
and just went along with Zimmerman's story that he somehow
managed to get the gun out.
It is a perfectly ez and plausible explanation; no problem.





firefly wrote:
I think the more reasonable, and logical, explanation is that Zimmerman had the gun unhooked from the holster before he approached Martin, and his hand was on the gun as he approached Martin, and he pulled it out as soon as Martin punched him--which would not have been legal for him to do at that point. But there would be no way for the prosecution to prove it happened that way. I think that's one reason they urged the jurors to use "common sense"--
In other words: to guess????




firefly wrote:
Zimmerman's version of how he suddenly got the gun in his hand
doesn't make sense in the context of the situation he described.
With all respect, your doubt seems logically un-justified.





David
0 Replies
 
oralloy
 
  1  
Mon 15 Jul, 2013 11:08 pm
@spendius,
spendius wrote:
Are the Feds acting constitutionally in spending hard-working taxpayers money on a case that has been decided?

There are no Constitutional problems that I can see with it, but I can see why taxpayers would feel aggrieved over the waste of their hard-earned money on a bogus prosecution.
0 Replies
 
oralloy
 
  1  
Mon 15 Jul, 2013 11:13 pm
@Lustig Andrei,
Lustig Andrei wrote:
Yes. The 'double-jeopardy' guarantee of Constitutional rights does not apply as a Federal charge would not be for the same felony of which Zimmerman has already been found to be not guilty. If he is brought into a Federal court of law it would be on a charge of having violated Trayvon's civil rights by virtue of killing him.

That would be a neat trick, seeing as how that law only applies to cops and government officials.

Zimmerman is what is known as a private citizen.


Lustig Andrei wrote:
A civil suit by the victim's family, alleging 'wrongful death' and seeking monetary damages would also be possible (as was done in the O.J. Simpson case) inasmuch as nobody's accusing Zimerman of 'murder' (of which, again, he has been found not guilty) but merely of causing a wrongful death. No criminal charges, you see, just a demand for several millions of dollars.

I thought Florida did away with wrongful death lawsuits when someone is shot in self defense.

Am I wrong on that??
OmSigDAVID
 
  2  
Tue 16 Jul, 2013 02:38 am
@revelette,
revelette wrote:
Since he knew the police were coming he should have let them handle it
rather than worrying about the "punks always getting away."
Do we have any reason to believe that he 'd restrain himself
from slamming the head of a police officer on the street, as he did with Zimmy??
(With the same result??) I don't believe that we do.


(Police don't put up with much of that.)





David
0 Replies
 
MontereyJack
 
  2  
Tue 16 Jul, 2013 02:55 am
Do we have any evidence except that of the unreliable witness Zimmerman that the alleged beating against the sidewalk even occurred? the back of his head is not the head of a man whose head was allegedly beaten against the sidewalk 25 times. Trayvon had NONE of Zimmerman's blood or DNA on his hands or clothes. Zimmerman's word is completely suspect. The evidence points to Zimmerman being the agressor, not Trayvon.
MontereyJack
 
  1  
Tue 16 Jul, 2013 03:13 am
Trayvon Martin, in fear for his life, ran to avoid confrontation. Zimmerman pursued him and forced that confrontation. Under Florida law, Trayvon and Trayvon alone had the unquestionable right to determine when he felt under threat of great bodily harm and possible death, Under Florida law he had the unquestionable right to kill Zimmerman at that point. Under your own arguments, David, you must concede him that right. But I'm pretty sure you'd be screaming bloody murder right now if Trayvon had succeeded in asserting the rights Florida law gave him, and Zimmerman was the one lying dead.
oralloy
 
  2  
Tue 16 Jul, 2013 03:18 am
@MontereyJack,
MontereyJack wrote:
Do we have any evidence except that of the unreliable witness Zimmerman that the alleged beating against the sidewalk even occurred? the back of his head is not the head of a man whose head was allegedly beaten against the sidewalk 25 times. Trayvon had NONE of Zimmerman's blood or DNA on his hands or clothes. Zimmerman's word is completely suspect.

There were witnesses who saw Trayvon on top of Zimmerman, pummeling him.

And while I have no idea how many times his head struck the sidewalk, Zimmerman's wounds certainly didn't come from striking marshmallows.

Does it matter though? If we were prosecuting Trayvon for assault, I can see why it would be important to have reliable evidence proving the assault. But we aren't prosecuting Trayvon (I hope).


MontereyJack wrote:
The evidence points to Zimmerman being the agressor, not Trayvon.

Oh? What evidence is this?
0 Replies
 
MontereyJack
 
  1  
Tue 16 Jul, 2013 03:21 am
There were also witnesses who saw Zimmerman on top. pummeling Trayvon. The llarge evidence that Zimmerman's account is baldly self-serving and highly questionable has already been cited and you ignorew it.
oralloy
 
  0  
Tue 16 Jul, 2013 03:24 am
@MontereyJack,
MontereyJack wrote:
Trayvon Martin, in fear for his life, ran to avoid confrontation. Zimmerman pursued him and forced that confrontation.

Do you have any evidence of this?


MontereyJack wrote:
Under Florida law, Trayvon and Trayvon alone had the unquestionable right to determine when he felt under threat of great bodily harm and possible death, Under Florida law he had the unquestionable right to kill Zimmerman at that point.

Not really. Zimmerman would have to actually be attacking Trayvon in order for self defense to be justified.
0 Replies
 
MontereyJack
 
  2  
Tue 16 Jul, 2013 03:28 am
Oralloy says:
Quote:
Not really. Zimmerman would have to actually be attacking Trayvon in order for self defense to be justified


That is flatly untrue. The way the Florida law has actually been interpreted and applied, no actual assault is needed to invoke it, merely the surviving person's word that he felt imperiled.
oralloy
 
  3  
Tue 16 Jul, 2013 03:55 am
@MontereyJack,
MontereyJack wrote:
There were also witnesses who saw Zimmerman on top. pummeling Trayvon.

Did Trayvon have any pummeling wounds on him, like Zimmerman did?


MontereyJack wrote:
The large evidence that Zimmerman's account is baldly self-serving and highly questionable has already been cited and you ignore it.

I've not seen any evidence presented that Zimmerman's account is highly questionable.
0 Replies
 
oralloy
 
  2  
Tue 16 Jul, 2013 03:55 am
@MontereyJack,
MontereyJack wrote:
oralloy wrote:
Not really. Zimmerman would have to actually be attacking Trayvon in order for self defense to be justified.

That is flatly untrue. The way the Florida law has actually been interpreted and applied, no actual assault is needed to invoke it, merely the surviving person's word that he felt imperiled.

I think that's unlikely. I really wouldn't recommend defending yourself unless you are actually under attack.
0 Replies
 
MontereyJack
 
  1  
Tue 16 Jul, 2013 07:48 am
google some of the actual cases that have come up and been decided, oralloy. read what prosecutors and police have to say about trying to bring a case under it, and no, I'm not going to do your homework for you. I did, Iread, and I'm simply not going to spend the time on you again, particularly when you wouldn't believe it anyway, since you refuse to believe anything anyone says that disagrees with your mindset.
0 Replies
 
MontereyJack
 
  2  
Tue 16 Jul, 2013 08:01 am
oh, all right, just so you can't try to lay blame on me for your laziness, from the Tampa Bay times:
Quote:


• Those who invoke "stand your ground" to avoid prosecution have been extremely successful. Nearly 70 percent have gone free.

Defendants claiming "stand your ground" are more likely to prevail if the victim is black. Seventy-three percent of those who killed a black person faced no penalty compared to 59 percent of those who killed a white.

• The number of cases is increasing, largely because defense attorneys are using "stand your ground" in ways state legislators never envisioned. The defense has been invoked in dozens of cases with minor or no injuries. It has also been used by a self-described "vampire" in Pinellas County, a Miami man arrested with a single marijuana cigarette, a Fort Myers homeowner who shot a bear and a West Palm Beach jogger who beat a Jack Russell terrier.

• People often go free under "stand your ground" in cases that seem to make a mockery of what lawmakers intended. One man killed two unarmed people and walked out of jail. Another shot a man as he lay on the ground. Others went free after shooting their victims in the back. In nearly a third of the cases the Times analyzed, defendants initiated the fight, shot an unarmed person or pursued their victim — and still went free.

• Similar cases can have opposite outcomes. Depending on who decided their cases, some drug dealers claiming self-defense have gone to prison while others have been set free. The same holds true for killers who left a fight, only to arm themselves and return. Shoot someone from your doorway? Fire on a fleeing burglar? Your case can swing on different interpretations of the law by prosecutors, judge or jury.

• A comprehensive analysis of "stand your ground" decisions is all but impossible. When police and prosecutors decide not to press charges, they don't always keep records showing how they reached their decisions. And no one keeps track of how many "stand your ground" motions have been filed or their outcomes

(emphasis added)
Linkat
 
  3  
Tue 16 Jul, 2013 08:13 am
@firefly,
Quote:
There is no question that there was a racial element involved in this profiling and this tragic, totally unnecessary death.


Actually there is a question about this - thus all the controversy. It is an opinion of some that there was a racial element. Even one of the juror stated they did not believe there was a racial element.
 

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