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 Dennis King on April 11, 2012 at 8:39pm This whole affair is totally based on racism for Zimmerman defended himself against a attacker who was committing a crime.
Trayvon Martin got what he deserved for attacking Zimmerman. Zimmerman was defending himself against a brutal attacker who would have had no problems murdering Zimmerman. If Martin got the gun away from Zimmerman, Zimmerman would be dead now and you would have heard nothing about it on the news or anywhere. The only reason Zimmerman was charged with a false murder charge for defending himself was because Maritn was a black man and that is the ONLY reason period! Ever sense we got a black man in the presidents chair racism has gone amok! If it was a white man in the presidents chair Zimmerman more than likely would not have been charged! Oh by the why Zimmerman is a Jew....
I for one am not afraid of Obama's Regime! I will continue to exorcise my First Amendment rights to the FULL. One word that sticks out in the wording of the First Amendment is the word, "UNABRIDGED" freedom of speech!
Why don't we have laws that will prosecute these DA's for overcharging?
We should put these people in jail if they charge for a crime with insufficient evidence to fit the charge.
Permalink Reply by Chas Jones on April 12, 2012 at 11:12am We DO have such Laws ... and the attorney may also face disbarment. Do an internet search of the "Duke lacrosse DA."
Permalink Reply by Dennis King on April 11, 2012 at 8:41pm This whole affair is totally based on racism for Zimmerman defended himself against a attacker who was committing a crime.
Trayvon Martin got what he deserved for attacking Zimmerman. Zimmerman was defending himself against a brutal attacker who would have had no problems murdering Zimmerman. The only reason Zimmerman was charged with a false murder charge for defending himself was because Maritn was a black man and that is the ONLY reason period! Ever sense we got a black man in the presidents chair racism has gone amok! If it was a white man in the presidents chair Zimmerman would not have been charged! Oh by the why Zimmerman is a Jew....
Permalink Reply by Jeff Smoley on April 11, 2012 at 9:02pm Under Jewish law, Zimmerman would be Jew if his mother were Jewish or he converted.
Permalink Reply by john walkling on April 11, 2012 at 8:46pm
Subject: Why its a good idea for a white girl to carry a Gun.
Ladies, Please do not allow yourself to ever become a "victim".
Fight, shoot or run but never submit to being taken "peacefully".
Better than 60% of cases where victims have trusted an attacker with "fair treatment", have ended up being MURDERED. Source: F B I
This following tragic event is at least a year old. I don't know what the punishment was for this gathering of UTTER BLACK SLIME, but Im sure the left winged media wanted them all to get off free.
Was this ever shown on the national news ? WHEN ?
Was this ever reported as a RACIAL HATE CRIME ? WHEN?
Or just footnoted as a bunch of black boys "out for some fun" ?
And what was the black bitch female doing while her boyfriends were torturing this white girl ? COACHING THEM ON ?
Let me have these one by one in a UFC cage.
Yes, I would take this on tomorrow.
There was NO national marches for justice HERE !
Sorry, but the text description here is very horrific !!!!
As horrific as this is, it needs to be circulated !!!
The animals pictured below car-jacked then raped Christopher Newsom, cut off his penis, shoved a broom handle up his anus so far it ruptured his intestines, set him on fire and fatally shot him several times while they forced his girlfriend, Channon Christian, to watch. An even more cruel fate awaited her!
Channon Christian was beaten and gang-raped in many ways for four days by all of them, while they took turns urinating on her. They cut off her breasts and put chemicals in her mouth... and then murdered her.
ALL this was done in a 700sqft house that had NO INTERIOR DOORS, for 4 days everyone who came and went, all black, saw, knew, and participated in everything, smoking and doing drugs all the time.
THE VICTIMS:
THE GUILTY SLIME:
Knoxville (WVLT) - The District Attorney General of Knox County announced the list of charges facing now five suspects in the double murder of Channon Christian and Christopher Newsom.
The District Attorney General Randy Nichols is not saying whether or not he will seek the death penalty, but he does say the State will seek conviction for all charges filed in a 24-page indictment from the Knox County Grand Jury. Lemaricus Davidson, 25 , faces a total of 46 charges.. Letalvis Cobbins, 24 , faces a total of 46 charges. George Thomas, 24 , faces a total of 46 charges. Vanessa Coleman, 18 , faces 40 Tennessee state charges. Eric Boyd, 24, also arrested in connection with the fatal carjacking, only faces federal charges as an accessory after the fact.
SO!!!!! Where's Al Sharpton, O and Jesse Jackson? Are they providing counsel and help to the families of the victims?
Of course not - the victims were white
Why hasn't this received National coverage by the news media like the Duke 'rape' case?
Oh, that's right - the victims were white
Why hasn't the NAACP, ACLU, New York Times etc., called for an investigation?
Must be cause the victims were white
Why hasn't the FBI been called in to investigate this as a hate crime?
Oh, that's right - the victims were white'
So, if a white radio shock jock uses the phrase 'Nappy headed Ho', it gets 2 weeks of constant news coverage.
If two white people are tortured, raped, and murdered by a group of black animals, it barely gets a blip in the news.
Pass this around, and maybe, just maybe, it will land in the hands of someone in the media or politics, that has the guts to stand up for white victims of BLACK CRIME !! Or don't forward it because you don't have any moral guts either!!
Permalink Reply by Paula Kennedy on April 12, 2012 at 10:01am I saw this the other day...and was horrified. I have passed it around!
Permalink Reply by Thomas Angle on April 11, 2012 at 9:01pm Guilty or innocent, you all in Florida better get ready. The state just sold Zimmerman out to Obama and anyone of you could be next.
Permalink Reply by Tom Stephens on April 11, 2012 at 9:15pm If Zimmerman goes to prison, it is a death sentence. Some guy looking to make a name for himself will kill him.
Permalink Reply by Paula Kennedy on April 12, 2012 at 10:02am Totally agree with that! IF Zimmerman isn't killed in jail while he awaits the trial.
Permalink Reply by steven mckevitt on April 11, 2012 at 9:26pm this is what happens when the illiterate ignorant animals are allowed to run amok and run the zoo.
Permalink Reply by Cindy Lohiser on April 11, 2012 at 9:46pm If it doesn't go in favor of Trayvon, they will rise up again and say that justice was not served again.
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