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.
Tags: charged, degree, george, murder, prosecutor, second, special, zimmernman
Permalink Reply by Juls on This is unforgivable. Four hour stand-off? Really? Taser a man with a heart condition? Very telling that I'd not heard of it before your post.
Permalink Reply by Chas Jones on Let us ALL begin by agreeing that ALL knowable facts should be investigated and discovered, and that BOTH Zimmerman and Martin deserve justice. It is possible that not ALL the evidence has been leaked and already out on the various Media.
However, from the evidence and facts already known, all of it supports the story told by Zimmerman on the night of the incident and since. Zimmerman's nose was broken. The backside of Zimmerman's clothes were wet and grass covered. The back of Zimmerman's head showed injury consistent with his head being banged onto the ground. The lone eyewitness, other than Zimmerman, claimed on the night of the incident that he saw Martin straddling Zimmerman's chest pummeling Zimmerman.
Every bit of those facts is consistent and supportive of Zimmerman's claim that he fired his gun in self defense.
While unknown facts MAY come out yet that paint a new picture ... ALL the currently known facts would preclude the arrest or indictment, let alone conviction beyond a reasonable doubt, of Zimmerman.
Anyone, NO, everyone who loves Liberty and reveres the Rule of Law needs to watch this case going forward. If evidence beyond a reasonable doubt comes out over time ... let justice follow.
However, if over time it is proven these charges and Zimmerman's indictment, arrest, and prosecution were unfounded under the Law, then the prosecutor needs to face charges and disbarment.
I can assure you, anyone with a gun being straddled and pummeled would do as Zimmerman claims to have done.
Another real question is HOW does a jury get impaneled that can be objective where bounties have been issued and unrelated folks whose address was mistakenly released as Zimmerman's parents address have already been terrorized and forced into hiding?
If facts do come out that prove beyond a reasonable doubt that Zimmerman committed a crime, so be it. If not, then Zimmerman deserves justice equally and if folks riot and commit mayhem, lets hope Law enforcement will arrest, prosecute, and convict them.
Permalink Reply by Walter T. Fitzgerald on Amen.
There are now more people involved than just T.M. and G.Z. Why haven't they came out in their defense? Hmmm.
And done by Popular Figure Heads. Don't let the world know they are in the wrong.
Slide the Victims some money to keep'em out of the way. "Shhhhhhhhhhh, be quite now"
Good Lord.
Permalink Reply by David S on I am patiently waiting for the DOJ to indict the Black Panthers leadership for offering a reward for Zimmerman, dead or alive. They committed a crime and should be charged accordingly. Of course, it wIll never happen with Eric Holder. That's the sorry state of justice in this country. our DOJ only gets involved with crimes against blacks.
Permalink Reply by Bonnie Norem on Where is justice? Holder, Sharpton, Obama and Black Panthers and all the rest ready to kill Zimmerman and the rest of the community unless they get their way. They bring in U.N. to make it really look good. Notice Ms. Martin made a freudian slip by saying the "accident". They know this whole thing is not about justice. It is to start a race riot since OWS wasn't that successful except with Obama doing his thing. Now Van Jones has George Washington University set up for them to train people to march and be peace marchers throughout U.S. like Gandi. Sure - just like OWS and all the others especially in Florida recently, in Wisconsin against Walker. WHO DO THEY THINK WE ARE - STUPID! WHERE IS IRS AUDITING THEM?
Permalink Reply by Virginia Gomez on HAS ANYONE EVER HEARD OF THE JAN 6,2007 MURDER OF CHRISTOPHER NEWSOM AND CHANNON CHRISTIAN IN KNOXVILLE TENN??? THEY WERE KILLED BY 5 BLACK INDIVIDUALS--- MAY I ASK WHERE THE MEDIA WAS WHEN THIS HORRIBLE CRIME WAS COMMITTED? WHERE WAS THE 'WHITE OUTRAGE"?? WHERE WAS THE MARCHING OF THOUSANDS OF WHITES IN THE STREETS?? WHERE WAS "YOUR " PROTESTS??
MAY I PLEASE HAVE SOMEONE MAKE A COMMENT ABOUT MY 'QUESTIONS'?? IS THERE ANYONE OUT THERE WHO WILL STAND UP AND VOICE THEIR TRUE OPINIONS REGARDING THIS HORRIBLE CRIME----ANY TAKERS?
HERE IS A PIECE OF THE SAD CRIME:
According to news reports, Christian and Newsom had gone on a date at a local restaurant on Saturday, January 6, 2007, but did not return home. During their night out, the couple was carjacked, bound and blindfolded by three black males, and "taken back to Lemaricus Devall 'Slim' Davidson's rented house on Chipman Street."[7]
Christian's parents found her abandoned Toyota 4-Runner two blocks away from the Chipman Street house the following Monday with the help of her mobile phone provider. An envelope recovered from the vehicle yielded fingerprint evidence that led police to Lemaricus Davidson and 2316 Chipman Street. When police went to the address on Tuesday, January 9, they found the home unoccupied and Christian's body in a trash can in the kitchen.
According to the testimony of the Knox County Acting Medical Examiner Dr. Darinka Mileusnic-Polchan at the subsequent trial of Eric Boyd, Newsom was repeatedly sodomized with an object and then blindfolded, gagged, arms and feet bound and his head covered. Barefoot, he was either led or dragged outside the house to a set of nearby railroad tracks. He was shot in the back of the head, the neck, and the back, and his body then set on fire.
Channon's death came after hours of sexual torture, medical examiner Mileusnic-Polchan testified. Channon suffered horrific injuries to her vagina, anus and mouth. She was not only raped but savaged with "an object," possibly a broken chair leg, the doctor testified. She was beaten in the head. Some type of chemical was poured down her throat, and her body, including her bleeding and battered genital area, likely scrubbed with the same solution – all while Channon was alive, the forensic expert said. She was then "hog-tied," with curtains and strips of bedding, her face covered tightly with a small trash bag and her body stashed inside five large trash bags before being placed inside a large trash can and covered with sheets. Channon died slowly, suffocating, the medical examiner said.
An October 16, 2009 article in The Daily Mail stated, "Ironically, the case has now generated more publicity surrounding the furor over whether or not political correctness was behind the US media’s decision to largely ignore the story than it did for the murders themselves." The same article quoted commentator Michelle Malkin as saying, "This case – an attractive white couple murdered by five black thugs – doesn’t fit any political agenda. It’s not a useful crime. Reverse the races and just imagine how the national media would cover the story of a young black couple murdered by five white assailants."[44]
I THINK MICHELLE MALKIN PRETTY MUCH NAILS IT DOWN CORRECTLY---I AM SURE THAT THERE ARE SOME OF YOU THAT WILL STILL INSIST THAT "THIS CASE INVOLVING NEWSOM AND CHRISTIAN " IS NOT THE SAME AS ZIMMERMAN VS TRAYVON. RACE IS THE ISSUE HERE NO MATTER HOW YOU COLOR IT.
Permalink Reply by THOMAS S. WRIGHT on IT SEEMS THIS IS A PAGE FROM SAUL ALINSKY, RACIAL HATE INCITED BY BLACK RADICALS. in the 60's/70's RACIAL DIVIDE WAS RAMPANT THEN. then after civil rights laws were passed it subsided. obuma stated about a class WAR. well this is the pearl harbor of the class WAR. THE TRAYVON INCIDENT. JUDGE AL SHARPTON and PROSECUTER JESSE JACKSON and the LYNCH MOB JURORS already tried and convicted ZIMMERMAN. ZIMMY as some are now calling him HAS NO REAL CHANCE OF A FAIR AND JUST TRIAL THERE IN FL. racial hatred is being revived by these old RACE BAITERS AL & JESSE filling their coffers and causing ANY STRIDE IN RACE RELATIONS IN THE LAST 40 OR SO YEARS to TANK. we will now see the possibility of RIOTS AND CIVIL UNREST IN FL. and other locations all over the USA if some how ZIMMERMAN IS FREED BY A FAIR TRIAL. in this case if one can actually happen in FL. WATTS IN LA may be burning again like in the 60's/70's hpe not!!!!!. the new BLACK PANTHERS SHOULD NOT BE ALLOWED TO HV TO BE FORMED. IF we the WHITE PEOPLE BROUGHT BACK THE KKK as the NEW KKK this would be struck down by WASHINGTON AS BEING A RACIST ORG. I WOULD ASK WASHINGTON WHAT THEN IS THE NEW BLACK PANTHERS is that NOT A RACIST ORG. SAUL ALINSKY'S TEACHINGS AT WORK. WILLIAM AYERS knows that well. some one else does as well and we all know who that MIGHT BE!!!!!!!!!!!!!!!!!.
Permalink Reply by Barry Gabrielson on I hear that Manson lost his bid to be release. Rumor had it that he was going to replace Biden on the ticket.
Manson wanted a race war, same with this Administration. I think Manson would be a perfect fit.
Permalink Reply by Patricia Castellano on The blacks are more racist then anyone and that includes the Obamination!!!!!!!
Permalink Reply by Billy Bowlegs on Ain't this damned government neat.
You can try a person for murder acting in self defense; and you cannot try a President for Treason that is far beyond capital murder in dead body count following his campaign trail, fraudulent documents, perjury, violation of many Constitutional requirements, and on and on. And holds himself above the very court that will be trying ZIMMERMAN.
Damned, isn't SOCIALISM great.
Permalink Reply by Billy Bowlegs on 
This is like having a JUDGE, JURY, and EXECUTIONER, and they are all the same guy. (An a******).
Permalink Reply by THOMAS S. WRIGHT on OH THIS IS TURNING, INTO A REAL CIRCUS. we hv THE ZIMMERMAN CASE the start of class WARFARE RACIAL DIVIDE by AL &JESSE. now we hv the WAR ON WOMAN POLITICAL FOOTBALL going on. AND HILARY'S STATEMENT against ANN ROMNEY to add fuel to the FIRE and this will be ongoing. NOW THEY ARE SAYING ZIMMY'S CASE WILL GO ON 6/12 MONTHS MORE. what an election year. BTW did ya'all hear obummer paid a less percentage tax rate than his SECRETARY!!!!!!!!!!!!!!. whos the RING MASTER?????????????.
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