In a surprising development, George Zimmerman was charged with Second Degree Murder in Florida today. He is now in custody and a court appearance is likely tomorrow.
The charge by the prosecutor is stunning.
First the prosecutor dismissed the grand jury, which took Murder One off the table. Under Florida law, a charge of Murder One can only be delivered by a grand jury.
Much of the evidence in this case has already been made public. There are stories in the narrative of Trayvon Martin as little innocent victim. Turns out, he was not the twelve year old that was shown in the media photographs. He was a seventeen year old football player who was not only taller than Zimmerman, but almost certainly in much better shape.
Zimmerman apparently told the police that he lost Martin, who later approach him and said something to the effect of, “Do you have a problem?” Moments later, he allegedly said something to the effect of, “you do now,” and hit Zimmerman. Zimmerman claims he was punched and knocked down by Martin. Zimmerman claims that Martin began pounding his head into the ground. All of these claims seem to be supported by physical evidence. Zimmerman had a broken nose and lacerations to the back of his head. The back of his clothing was stained and wet when the police arrived moments after the shooting. A Zimmerman family member said that Zimmerman had told the family that Martin tried to take Zimmerman’s gun away from him.
All of that indicates a justifiable homicide.
The prosecutor has charged him with Second Degree Murder. While Florida’s statute has some archaic language in it, Second Degree Murder is basically the same as First Degree Murder minus the premeditation.
Why Second Degree Murder with a case where the known facts do not support the charge?
There is always the possibility that the prosecutor is sitting on a smoking gun that would convict Zimmerman but if that were the case, he would have been charged the night of the shooting.
At a news conference late this afternoon, Special Prosecutor Angela Corey said, “We do not prosecute by public pressure or by petition. We prosecute based on the facts of any given case, as well as the laws of the state of Florida.”
Pardon me, while I laugh. Public pressure is exactly why this case was brought.
It is also why the charge is Second Degree Murder.
Why? First, I do not believe the prosecutor could have gotten a grand jury to go for Murder One. Even though the prosecutor selects the evidence and the standard of proof in front of the Grand Jury is only probable cause, it would not have happened.
In the criminal justice system, what she did is called “over charging.” Ethical prosecutors are trained not to over charge. You go with the facts because a prosecutor’s duty is to seek justice, not secure a conviction.
By going with the greatest charge she could get, the prosecutor has two advantages. First, she increases the chance that Zimmerman will have a bail set so high he cannot make it. Every prosecutor knows that if you can get a defendant into jail, your chances of getting him or her to plead guilty go up by an order of magnitude.
Second, when the prosecutor makes a plea bargain offer, she will have a greater chance of that offer being accepted. If Zimmerman is looking at a life sentence, a plea to a reduced charge is hard to say no to, particularly if it involves only a little jail time or no jail time at all.
If Zimmerman cannot make bail and her offer involves immediate release, the offer is again hard to decline.
This case should have been presented to a grand jury instead of having a single prosecutor, subject to public pressure, make the decision. George Zimmerman will now have a trial and hopefully the State of Florida can find twelve unbiased jurors.
Based on what is publicly known about the case, it never should have been filed.
Hopefully, justice will be served.
So what will happen when the jury finds him innocent? An excuse to riot in the streets, destroy property, blame others.
Its the progressive way, the NAACP way, to cause a problem, stir up anger and hate, blame others, either get their way or cause harm. They can join OWS, Communists, Unions, to march soon so the fraud in the oval office can declare Marshal law. Its all planned, coordinated and ready to go. Coming to a station near you, watch and see what progressives do when they dont get their way. The ends justify the means, like spoiled rotten immature children, misbehave, then blame others for this misbehavior. Let their games begin.
If Zimmerman is found not guilty the race pimps Jackson, Sharpton and the Cong. Black Caucus will be on the streets and TV. inciting riots and violence. I saw it in LA. with the Rodney King Riots after the Police were found not guilty. Maxine Waters an admitted socialist was mostly to blame with her ranting on TV.
Simply said: Yes; unfortunate and true.
That's exactly why they get their way...they have intimidated us with the thoughts of riots! And being the overwhelmed PC crowd that we have become...we say nothing. We do nothing. We don't want to be called RACIST!
This administration has ALLOWED the likes of Spike Lee and the NBP's to put a Bounty on Zimmerman's head! There is a difference between "free speech" and "inciting to riot." All of them, are indulging in HATE speech and not one person is calling them on it! I hate to make anyone laugh, but where is the ACLU in that?
This is the real American Tragedy....we are allowing Zimmerman to be prosecuted by a segment of the population...and he will suffer greatly. And we can thank the bigoted president for stepping in and making a "connection" to him...trayvon looks like he could have been my son...and the racist AG that has turned his back on justice FOR ALL!
This is from Wikipedia: Eric Holder
During a meeting with a House subcommittee discussing this and other issues, Holder has argued that the behavior from the New Black Panther Party was not comparable to historical voter intimidation against minorities, stating "When you compare what people endured in the South in the ’60s to try to get the right to vote for African Americans, to compare what people subjected to that with what happened in Philadelphia… I think does a great disservice to people who put their lives on the line for my people." Critics have interpreted this comment as evidence of racial bias on Holder's part, with James Taranto of the Wall Street Journal arguing "If he approaches the job with the attitude that any group smaller than all Americans is 'my people,' he is the wrong man for the position."
Obviously, Eric Holder IS the wrong man for the position!
I WHOLEHEARTEDLY AGREE
Paula, I believe it's more than Holder turning his back on justice. Would bet my last dime he was instrumental in the governor's decision to bring in a special prosecutor.
It is probably best to charge Zimmerman. Now the law and courts can try him not the media and race-mongers.
I trust the law and courts to review provable facts and reach a conclusion. Not the media.
I don't trust juries. Remember the O.J. trial?
Actually, I had the chance to watch the O.J. trial from beginning to end. I think I would have found him not guilty as well, and I got to read everything in the media at the same time as the trial while the jurors did not. Remember, not guilty is not the same as innocent. The holes in the lab handling of the blood evidence alone was a boon to the defense - it was better than having an eye witness testify for you. And I'm an old white guy.
The fact is that OJ got away with murder of a white woman, he was guilty as sin! But he will not away with it on the day of judgement. Nicole's blood will be screaming for justice and it will finally be received.
The Goodman family file a civil suit and OJ had to sell everything because there was a huge reward granted by the jury in the case to the Goodman family.