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APRIL 9, 2012 11:00PM

Trayvon Killing: The Prosecution Cuts to the Chase!!!

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Bravo! As most people know the Trayvon Martin death won't go to Fla. grand jury. Yes, this is good news. A totally proper decision that allows the prosecution to waste no more precious time and just get on with it. Florida law only requires a grand jury in the case of first degree murder. Angela Corey has long had a reputation for not using grand juries if it wasn't necessary. Her decision means she doesn't have to rely on potentially unpredictable jurors.
cory  Florida State Attorney Angela Corey. No pushover.

Understand distinctions with very real legal and factual differences.

First degree murder is any murder that is willful and premeditated. Both must be proven. In most states, that means unlawful killing that was committed after planning or "lying in wait" for the victim. No evidence of that here. The state could never make the case. No point wasting time. Just get on with it.

Second degree murder is a murder that is not premeditated or planned in advance. This will surely be the charge. Second-degree murder is ordinarily defined as (1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or (2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter.

Voluntary manslaughter sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed." Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.

Involuntary Manslaughter stems from unintentional, but criminally negligent behavior. A drunk driving-related death is typically involuntary manslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional," because the killer did not intend for a death to result from his intentional actions.

Expect that Zimmerman will be swiftly charged with, and the jury instructed on, all of the later four crimes. Because the grand jury can be dispensed with this will allow for much swifter prosecution. Murder 2 plus more will stick and pin the infamous bug against the proverbial wall! Yes. Well done Angela Corey, well done! Dispense with the bullshit and get on with it. Wish granted! Now the prosecution can just do as everyone has been demanding.

Expect this prosecution to go for the jugular. Florida State Attorney Angela Corey has prosecuted children as adults (albeit a practice that utterly disgusts me) and, rest assured, she has not been wasting her time. She is prepared. Believe me. She is going to come out with all legal guns blazing.

Mr. Zimmerman likes guns? Really? Now watch how the Big Guns do battle Mr. Zimmerman. He demands we uphold the law? Really? The bitterest irony is that his pig-sty of a defense is really Trayvon's complete vindication. The law he relies on snaps him a “Z”! Yes, that’s what I said, Zimmerman’s phoney shield is really Trayvon’s Martin’s invincible sword. Yes it is. Stop trashing this law! Trash, instead Sanford’s bigoted law enforcement.

Don’t like this law? Think again. Tell it to every battered wife in jail for blowing away her drunken lout of a rapist husband. EVERYTHING You Think You Know About SYG is Wrong. Zimmerman wants law? Oh, yes, Mr. Zimmerman you are gonna get your law! Yes you are. Just watch. Do not think for an instant that Angela Corey is going to fuck this one up. Not a chance. This helladame knows her stuff. Poor George, he wants law. He’s gonna get his law. Yes he is.

And can’t you just hear the disgusting defense now:

‘I am just a 240 lb muscled up gorilla with a nasty fuckin’ hardon semi-automatic pistol hidin’ in my pocket. And I jump outa my truck to take after that skinny 140 lb black boy and what did he do? Why he actually stood his ground, yes he actually did, and he pulled a fuckin’ pack of Skittles on me. Yes he did! What’s a real man tado? Little ol’ 240 lb muscled up skinhead me with an itty bitty gun hidin’ in my pants and that skinny 140 lb black boy jus’ runnin’ to get outa the rain actually had the audacity to turn on me an’ pull a deadly pack a Skittles on me. Yes he did! So what's a real man tado? What's a real man tado? I had no choice cause that skinny black child with a nasty pack of Skittles just stood his fuckin’ groun’ and made me fear for my life, yes he did. And he fought for his life too. Imagine that! He actually stood his ground, back to the wall and fought for his life. So what's a real man tado? So what's a real man tado? It was 24o lb buffed-up gorilla me with a nasty-ass gun or that skinny kid with a treacherous pack of Skittles runnin’ ta get outa da rain ... So what's a real man tado?

‘Let justice roll down like waters and righteousness like a mighty stream!’ 

 

 

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Question looms: can they have a fair trial in this state? I know that it is so high profile that it will attract the tabloid press and all of the circus that this would engender. I hope that they get this right, as there is so much pretrial publicity that there will be much pressure on this event, now, made even more so with the election year lines drawn in the bloody sand ... not a healthy sense of being.
Inthisdeepcalm. That is true about many, many cases. Juries are pretty good about following a court's directives. But who are "they"? Zimmerman will get as fair trial as he deserves and a hell of a lot more of a presumption of innocence than he ever gave the kid with the candy. And he sure as hell will have better lawyers than a nobody relying on a public defender.

And btw, did you know that Trayvon was shot only yards from the house of his girl friend's father? He had every right to be where he was. This was just after sun down and the most direct shortcut home to get out of the rain.
If Orlando could handle the melee of Casey Anthony investigation and trial, they can handle this (and remember the result of that case, and you could end up with a reverse OJ situation) they could ask for the trail to be moved, which they have a case for, but that often means relocating to a "whiter" jurisdiction with less minorities on the driver's license rotation system they use for jury selection.
The only predictable thing about the Florida justice system is it's unpredictablility in dispensing justice fairly.
Thanks for this. Just saw the NYTimes article on the prosecutor, so now I have a complete picture!
Superb post, that very lucidly outlines the legal technicalities. Thanks for this.
UPDATE: SANFORD -- An official tells the Associated Press that George Zimmerman will be charged with second-degree murder in Trayvon Martin’s death, and Zimmerman is in custody.

With all due respect to those who keep bringing up the Casey Anthony case ... please. First, all we know about that case is what the sensationalist media tells us.  Twelve reasonable people sat in a court room for weeks and examined mountains of evidence and listened to many hours of testimony.  They all knew a hell of a lot more than the media reported to us and they had reasonable doubts that Casey Anthony was the killer. Here there is NO question that Zimmerman was the killer. It’s ADMITTED.

The only question is whether he can assert a defense under Florida’s SYG law. I’ll not restate all that. Thus far I have seen no facts to even suggest he can and, indeed, all facts we know this far tell us only Trayvon Martin had any right to self-defense in exercising force against Zimmerman. I would not be the least bit surprised if his legal counsel already advised  him of that and that may be the source of his breaking off communications with them.
I came back to say congrats, you were right on the money!
[r] Francois, YOU CALLED IT!!!! keep on commentary. best, libby