14.4.12

George Zimmerman: Racist-Driven Killer, or Victim of Judicial Malpractice?


By John W. Lillpop

While Al Sharpton and his cronies celebrate the arrest of George Zimmerman for the murder of Trayvon Martin, one of the most brilliant legal minds in America believes that the case presented by Special Prosecutor Angela Corey is unethical and otherwise flawed and, therefore, is unlikely to result in a conviction.

Specifically, Alan Dershowitz, world famous legal scholar has stated, "The charging instrument filed against George Zimmerman is "unethical" and will never make it past a judge."

Strong words, indeed, from a man not known for right-wing outbursts.

As reported at reference 1, Dershowitz had plenty more to say about Angela Corey, the Special Prosecutor who seemed more interested in praising her staff than in assuring justice for all parties:

As Dershowitz points out, Second-degree murder under Florida law is defined as:


The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual

Dershowitz’s point: There’s nothing in the charging instrument that suggests probable cause to believe Zimmerman had a "depraved mind regardless of human life" when he shot Martin. On the contrary, he notes, the facts as stated are consistent with self-defense. (Tellingly, there’s also no reference to Zimmerman’s injuries.) The prosecution can amend the affidavit to strengthen its case if the judge throws it out, but then you’re left wondering why they didn’t submit a more detailed affidavit in the first place."

As it is, if Dershowitz is right, Corey’s own affidavit’s about to be tossed by a judge and then she’ll have to answer for why she couldn’t even get to first base on a conviction.

Maybe her plan is to use the judge here as a get-out-of-tough-cases card? She probably knows she can’t get Zimmerman on murder two, but she also doesn’t want to be the one to have to break that to the public. She also doesn’t want to have to try to prosecute him on murder two if the evidence isn’t there, which would be a risk if the grand jury did indict him. So instead she’s taking the middle path: Go directly to the judge with a weak charging instrument and rely on him/her to throw it out. Then come back with a new affidavit listing a lesser charge — manslaughter or murder three — and say that she has no choice but to prosecute Zimmerman under that because the court stymied her on murder two. I’ll be curious to see what the fact pattern in those affidavits looks like because, frankly, if it’s as thin as the excerpt posted up top, I’m not sure she’ll get the court to sign off on those charges either."


Regardless of how this develops, it appears as though justice is a priority for Trayvon Martin, but not so important for George Zimmerman.

By the way Ms. Corey, why do you suppose George Zimmerman, allegedly a racist on the prowl for black blood to spill, phoned 9-1-1 during his pursuit of Trayvon Martin?


 

http://hotair.com/archives/2012/04/12/dershowitz-the-charging-instrument-filed-against-george-zimmerman-is-unethical-and-will-never-make-it-past-a-judge/