Here, you are urged and encouraged to run your mouths about something important.

Sunday, April 15, 2012

Zimmerman may have upper hand in Court for several reasons

The Al Sharptons of the world may have gotten what he wanted when George Zimmerman was arrested and charged with second degree murder but in addition to there being significant issues with the affidavit, Zimmerman may have more than one chance to prove his innocence. First, if you haven't seen it, the first video below is Harvard Law Professor Alan Dershowitz shredding both the State Attorney Angela Corey, who decided to bypass a grand jury and charge Zimmerman with second degree murder. Here is a copy of the affidavit (via TalkLeft) Dershowitz is referring to.

Via MediaIte:

Notice that Dershowitz says that Corey has a lot to answer for by submitting what he calls an irresponsible affidavit. He seems quite adamant that the judge should throw it out, in part, because any second degree murder charge typically comes with a grand jury concluding that there is no reasonable doubt of the crime taking place. Dershowitz says this affidavit doesn't even meet the threshold of probable cause.

That leads us to the judge assigned to this case. Her name is Jessica Recksiedler and she came forward this week to express concern that she may have a conflict based on the fact that her husband works for an attorney who Zimmerman had reached out to prior to settling on the one representing him now.

Via Breitbart:

Well, hey, that's no conflict at all when compared to Justice Elena Kagan's conflict with Obamacare and she hasn't recused herself, but I digress.

Anyway, it's impossible to know what Recksiedler is thinking about how the case will proceed but according to the Tacoma News Tribune, Zimmerman will have the opportunity to ask the judge to rule whether the killing was justified. Due to the Stand Your Ground law, he will be able to do this with nothing but upside.
One area that sets Florida apart is the next step Zimmerman faces: With the police and prosecutor having weighed in, a judge will decide whether to dismiss the second-degree murder charge based on "stand your ground." If Zimmerman wins that stage, prosecutors can appeal. 
But in another aspect peculiar to Florida, if the appeals court sides with Zimmerman, not only will he be forever immune from facing criminal charges for shooting the 17-year-old Martin - even if new evidence or witnesses surface - he could not even be sued for civil damages by Martin's family for wrongfully causing his death.

"You get even more protection than any acquitted murderer," said Tamara Lawson, a former prosecutor who now teaches at St. Thomas School of Law in Miami. "This law seems to give more protection than any other alleged criminal could dream about."

If Zimmerman can't convince the judge of his innocence, he still can use "stand your ground" to convince jurors.
Conversely, there seems to be a degree of downside for Recksidler. If she finds Zimmerman guilty and a jury acquits him, what will that say about her motives and her politics? It's one thing to be overturned by a higher court but it's something else entirely to be overturned by a jury. If she finds Zimmerman not guilty, she could find a bunch of unfriendly feet on the front lawn of her home and a U.S. Attorney General - Eric Holder - who has already sided with Al Sharpton, not likely to help.

The main reason for Zimmerman's advantages as a defendant has to do with the 'Stand Your Ground' law in Florida. This law has been the quintessential straw man for gun control fanatics on the left. New York City mayor Michael Bloomberg is already using it for political advantage, as are a slew of other Democrats (Bloomberg is an IINO - Independent in Name Only).

That leads to this interesting little factoid. Did you know that two very prominent Democrats signed similar legislation when they were Governors? DHS Secretary and Obama lackey, Janet Napolitano, signed a 'Stand Your Ground' law when she was Governor of Arizona?

Via Breitbart's AWR Hawkins:
...on April 2nd, I had a post on Big Government that highlighted how former Michigan Gov. Jennifer Granholm, a Democrat, used her Current TV show to lambaste Stand Your Ground laws, and to blame Republicans for the existence of such laws in the first place. However, as I showed, the dirty little secret is that Granholm signed Michigan’s Stand Your Ground bill into law in 2006.

Now it’s been discovered that an even more prominent Democrat, Secretary of Homeland Security Janet Napolitano, signed Arizona’s Stand Your Ground bill into law while governor of that state in 2006. And it’s important to note that Napolitano didn’t sign the bill half-halfheartedly, rather, she even countered anti-gunners’ opposition in the signing.
I just can't help posting this video whenever I find it so totally relevant. This is one of those times.

No comments:

Accuracy in Media
American Spectator
American Thinker
Big Government
Big Journalism
Doug Ross
Flopping Aces
Fox Nation
Fox News
Free Republic
The Hill
Hope for America
Hot Air
Hot Air Pundit
Jawa Report
Jihad Watch
Michelle Malkin
Naked Emperor News
National Review
New Zeal Blog
News Real
Pajamas Media
Red State
Right Wing News
Say Anything
Stop Islamization of America
Verum Serum
Wall Street Journal
Washington Times
Watts Up With That
Web Today
Weekly Standard
World Net Daily

Blog Archive