Dershowitz: The charging instrument filed against George Zimmerman is “unethical” and will never make it past a judge

posted at 9:05 pm on April 12, 2012 by Allahpundit

Four and a half minutes of brutal criticism for prosecutor Angela Corey, whom he accuses straight-out of grandstanding for political gain. It’ll take you 30 seconds to read the entire charging instrument but I’ll save you 20 and post the critical bit:

Second-degree murder under Florida law is defined as:

The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual

Dershowitz’s point: There’s nothing in the charging instrument that suggests probable cause to believe Zimmerman had a “depraved mind regardless of human life” when he shot Martin. On the contrary, he notes, the facts as stated are consistent with self-defense. (Tellingly, there’s also no reference to Zimmerman’s injuries.) The prosecution can amend the affidavit to strengthen its case if the judge throws it out, but then you’re left wondering why they didn’t submit a more detailed affidavit in the first place.

I don’t understand Corey’s strategy in charging him with murder two. Maybe she thinks Zimmerman will plead to a lesser charge, but if it’s anything less than manslaughter she’s going to take tremendous heat for having gone too easy on him. That’s a weird predicament for a politically-minded prosecutor to put herself in. She’ll take some heat even if she gets him to cop to manslaughter, in fact, since manslaughter is a crime of simple negligence and people who want him prosecuted believe Zimmerman’s far more morally culpable than that. (This is all assuming he’d be willing to make a deal, which, given the weakness of the charging instrument, he probably isn’t.) In fact, I also don’t get why she insisted on filing an affidavit of probable cause instead of taking the case to a grand jury. If they refused to indict him, she could have blamed them for him getting off and claimed she’d given it her best effort. As it is, if Dershowitz is right, her own affidavit’s about to be tossed by a judge and then she’ll have to answer for why she couldn’t even get to first base on a conviction.

Maybe her plan is to use the judge here as a get-out-of-tough-cases card? She probably knows she can’t get Zimmerman on murder two, but she also doesn’t want to be the one to have to break that to the public. She also doesn’t want to have to try to prosecute him on murder two if the evidence isn’t there, which would be a risk if the grand jury did indict him. So instead she’s taking the middle path: Go directly to the judge with a weak charging instrument and rely on him/her to throw it out. Then come back with a new affidavit listing a lesser charge — manslaughter or murder three — and say that she has no choice but to prosecute Zimmerman under that because the court stymied her on murder two. I’ll be curious to see what the fact pattern in those affidavits looks like because, frankly, if it’s as thin as the excerpt I posted up top, I’m not sure she’ll get the court to sign off on those charges either.

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From the bail hearing.

FACT

damian1967 on April 25, 2012 at 10:42 AM

Photo of bleeding and multiple lacerations to back of head: FACT

Police reports that GZ was bleeding from head and nose: FACT.

Treated by EMT that night: FACT.

Blake on April 25, 2012 at 3:52 PM

damian1967 on April 25, 2012 at 11:05 AM

We already know that GZ is a good and conscientious neighbor.

Blake on April 25, 2012 at 3:54 PM

911 Call:

Zimmerman – He looks in his late teens

Apology to Martins Parents

Zimmerman – I thought he was a little bit younger than I am.

More lies from Zimmerman.

So this is not a lie? Considering that it is FACT from the transcripts as well as video?

Are you that stupid? And desperate to lie at all costs to protect Zimmerman?

damian1967 on April 25, 2012 at 4:36 PM

Blake on April 25, 2012 at 3:52 PM

Well considering that you do NOT have all the facts, and since on the stand it was said that evidence does not support Zimmermans claims.

I think I will go with a sworn testimony that evidence does not support Zimmerman, than you just saying he is innocent.

Obviously there is something there that YOU or anyone else is in fact privy to, so I will go with the sworn testimony that something Zimmerman said does not line up with the evidence.

damian1967 on April 25, 2012 at 4:38 PM

Under oath:

But Gilbreath also said Zimmerman’s claim that Martin was slamming his head against the sidewalk just before he shot the teenager was “not consistent with the evidence we found.” He gave no details.

If he lied about this fact, and evidence proves it, Zimmerman is done.

damian1967 on April 25, 2012 at 4:43 PM

So this is not a lie? Considering that it is FACT from the transcripts as well as video?

No, dumbass, it is not.

Are you that stupid?

damian1967 on April 25, 2012 at 4:36 PM

No, but you are. And there are 15, now 16 pages proving it.

Blake on April 25, 2012 at 5:02 PM

Well considering that you do NOT have all the facts, and since on the stand it was said that evidence does not support Zimmermans claims.

Since you do not know the difference between a fact and a lie an tell so many lies yourself, it is no surprise you are still lying.

I think I will go with a sworn testimony that evidence does not support Zimmerman, than you just saying he is innocent.

That was his opinion – not actual evidence, you moron.

Obviously there is something there that YOU or anyone else is in fact privy to, so I will go with the sworn testimony that something Zimmerman said does not line up with the evidence.

damian1967 on April 25, 2012 at 4:38 PM

Obviously, there is something wrong with you that everyone recognizes but yourself. Again, opinion is not evidence, loser.

Blake on April 25, 2012 at 5:06 PM

Blake on April 25, 2012 at 5:02 PM

Your a complete moron, the facts show he lied about Martins age. Plain and simple, and most people admitt that this is now a problem for Zimmerman.

damian1967 on April 25, 2012 at 5:11 PM

If he lied about this fact, and evidence proves it, Zimmerman is done.

damian1967 on April 25, 2012 at 4:43 PM

Everyone saw his bleeding head with the multiple lacerations. Only a real moron would try to claim that the evidence does not support GZ’s story.

Blake on April 25, 2012 at 5:11 PM

Blake on April 25, 2012 at 5:06 PM

It was not an opinion you moron. It was stated under oath, not that you know what that means, that Zimmermans account of having his head banged into a sidewalk is not supported by the evidence.

That is not an opinion you idiot, that is EVIDENCE that contradicts Zimmermans claim.

And another thing you idiot, Zimmermans lawyer did not question what that evidence is, why? I will tell you why, Zimmermans lawyer is not going to question evidence that proves his client is not telling the truth.

But you being Mr. Knowitall, crap for brains, can’t figure out anything.

damian1967 on April 25, 2012 at 5:15 PM

Blake on April 25, 2012 at 5:11 PM

Your still an idiot. Those pictures prove nothing, and also do not warrant killing a kid.

He was walking around fine, there was nothing to prove his life was in danger.

damian1967 on April 25, 2012 at 5:17 PM

It was not an opinion you moron. It was stated under oath, not that you know what that means, that Zimmermans account of having his head banged into a sidewalk is not supported by the evidence.

It’s opinion, you idiot, not that you would know the difference between opinion, evidence, the truth.

That is not an opinion you idiot, that is EVIDENCE that contradicts Zimmermans claim.

What evidence? His opinion? lol!

And another thing you idiot, Zimmermans lawyer did not question what that evidence is, why? I will tell you why, Zimmermans lawyer is not going to question evidence that proves his client is not telling the truth.

It was a bail hearing – not a trial. Didn’t we cover that already? Of course, everything must be explained to you 30-50 times and you still don’t get it.

But you being Mr. Knowitall, crap for brains, can’t figure out anything.

damian1967 on April 25, 2012 at 5:15 PM

I and many others know that you are a fool, dishonest, and have some sort of mental defect.

Blake on April 25, 2012 at 5:59 PM

Your still an idiot. Those pictures prove nothing, and also do not warrant killing a kid.

And you’re still a liar and a moron. The photos corroborate his statement that the thug was banging his head on the cement which does warrant shooting the little ahole.

He was walking around fine, there was nothing to prove his life was in danger.

damian1967 on April 25, 2012 at 5:17 PM

He was no longer in danger after the thug stopped banging his head on the cement, dumba$$.

See a doctor.

Blake on April 25, 2012 at 6:02 PM

Blake on April 25, 2012 at 6:02 PM

The only thug was Zimmerman that required anger management classes, and should not of been allowed to have a gun in the first place.

According to the legal docs released, Zimmerman had a run in with the police, but then again don’t let the facts hit you in your empty head.

He is a Cop Wanna Be Thug!

He will be convicted.

damian1967 on April 25, 2012 at 6:08 PM

The only thug was Zimmerman that required anger management classes, and should not of been allowed to have a gun in the first place.

According to the legal docs released, Zimmerman had a run in with the police, but then again don’t let the facts hit you in your empty head.

He is a Cop Wanna Be Thug!

He will be convicted.

damian1967 on April 25, 2012 at 6:08 PM

Yawn. The judge found any old police contacts irrelevant, they are not admissible if there were a trial, he was a license CCW, and the only person likely to be convicted is YOU. Though I suspect that they may divert you for a psych observation first.

Blake on April 25, 2012 at 6:13 PM

Blake on April 25, 2012 at 6:13 PM

Do you make this stuff up as you go along?

There has been NO ruling that anything of the past can not be used as of yet, that will not happen till trial.

You are a complete idiot.

damian1967 on April 25, 2012 at 6:44 PM

Do you make this stuff up as you go along?

No, I do not. But you sure do…

There has been NO ruling that anything of the past can not be used as of yet, that will not happen till trial.

This is basic Evidence 101. It doesn’t come in.

You are a complete idiot.

damian1967 on April 25, 2012 at 6:44 PM

You’re an idiot, liar, and you obviously have psych problems.

Blake on April 25, 2012 at 7:00 PM

Blake on April 25, 2012 at 7:00 PM

This is basic Evidence 101. It doesn’t come in.

Wait, you said:

The judge found any old police contacts irrelevant

So you are admitting to lieing, now that you say basic evidence 101.

So you admit to lieing and that a judge has NOT ruled any such thing as you claimed.

LOL, You are a moron, and just proved it.

damian1967 on April 25, 2012 at 7:12 PM

So you are admitting to lieing, now that you say basic evidence 101.

So you admit to lieing and that a judge has NOT ruled any such thing as you claimed.

LOL, You are a moron, and just proved it.

damian1967 on April 25, 2012 at 7:12 PM

You really are a psycho. I said that the court found them irrelevant for purposes of the bail hearing and that if there were a trial, they would not be admissible.

Now please share your crazy delusions and hatred with someone else. I’m not kidding when I say there is something wrong with you.

Blake on April 25, 2012 at 7:17 PM

Gilbreath testified that Zimmerman repeatedly contradicted himself while being interviewed by police and provided statements inconsistent with physical evidence and witness recollections.

Prosecutors have also located a witness near the site of the shooting who described seeing the shadows of two men pass by her home, one chasing the other, immediately before Martin was killed. The pursuit, in the direction of Martin’s home, indicates that Zimmerman initiated the confrontation, Gilbreath said, under questioning from Rionda.

Rionda asked Zimmerman if he had changed his story to police “as it went along.”

“Absolutely not,” Zimmerman said.

Really? Sounds like that was a set up to him actually changing the story.

Assistant prosecutor Bernie De La Rionda requested that the judge set no bail or require a bond of $1 million, arguing that Zimmerman’s past history of violence and the evidence against him in the shooting of Martin made him a threat to the public.

“Our position is that he will still be a danger to the community,” De La Rionda said.

Thw Judge did not make any ruling about his past, thus meaning, Blake LIED. IS A LIAR!

damian1967 on April 25, 2012 at 7:21 PM

Blake on April 25, 2012 at 7:17 PM

I said that the court found them irrelevant for purposes of the bail hearing

No you did not, it is right up there, let me refresh your memory since you can not keep your stories straight:

The judge found any old police contacts irrelevant, they are not admissible if there were a trial

Where did you say bail hearing? And where did the judge say they were irrelevant? The judge NEVER said that, try reading the transcripts.

SHow me where the judge ruled this? Or said it, because he didnt, you lie over and over

damian1967 on April 25, 2012 at 7:26 PM

1. Opinion.

2. Just plain silly! lol

3. So?

4. The court was on record that he found the police contacts irrelevant for purposes of setting bail.

5. Seek help.

Blake on April 25, 2012 at 7:29 PM

Blake on April 25, 2012 at 7:29 PM

4. The court was on record that he found the police contacts irrelevant for purposes of setting bail.

More lies! I have just read the entire court bail hearing, and that was never said that it was irrelevent.

You are making it up. IT WAS NEVER SAID

LIES from you all the time

damian1967 on April 25, 2012 at 7:31 PM

Where did you say bail hearing? And where did the judge say they were irrelevant? The judge NEVER said that, try reading the transcripts.

SHow me where the judge ruled this? Or said it, because he didnt, you lie over and over

damian1967 on April 25, 2012 at 7:26 PM

Does everything have to be spelled out to you? Oh, yes, it does – because you are a psycho. This was a bail hearing. The DA tried to argue that these past contacts were grounds for the excessive bail they wanted. The judge found that they were irrelevant and set a low bail.

GET PSYCH HELP NOW.

Blake on April 25, 2012 at 7:32 PM

Blake on April 25, 2012 at 7:32 PM

SHow me where the judge found they were irrelevant. You can not, because the judge never said that.

SHOW ME or you are a LIAR

damian1967 on April 25, 2012 at 7:34 PM

Blake on April 25, 2012 at 7:32 PM

You constantly lie, and never post anything to back your claims up.

You lie over and over, for once why dont you post proof, rather than lie over and over again, you must have a big nose.

damian1967 on April 25, 2012 at 7:35 PM

Your a complete moron, the facts show he lied about Martins age. Plain and simple, and most people admitt that this is now a problem for Zimmerman.

damian1967 on April 25, 2012 at 5:11 PM

The facts show nothing of the sort and it is not a problem. Please go join your fellow racist idiots.

Blake on April 25, 2012 at 7:35 PM

Blake on April 25, 2012 at 7:35 PM

Go back and read the bail hearing apology from Zimmerman, and then the 911 call from Zimmerman. He plain and simple LIED. Both of those are facts from Zimmermans own mouth.

One he was a late teenager, and the other I thought he was a little younger than me.

Both of those came from Zimmermans mouth, and is a lie.

damian1967 on April 25, 2012 at 7:38 PM

I can’t argue with someone who is so clearly mentally ill. 16 pages of your BS. Any one who has tried to discuss this with you has given up because you are so obnoxious and delusional. Again, seek psych help.

Blake on April 25, 2012 at 7:39 PM

damian1967 on April 25, 2012 at 7:38 PM

On the 911 call, Zimmerman said he was a late aged teenager.

In the bail hearing he said He did not know how old he was, he thought he was a little younger than him.

Well his 911 call he clearly knew his age, now he claims he didnt?

Thats a lie, and every legal expert is saying that is a huge problem for Zimmerman since he was under oath at the bail hearing.

Except you.

damian1967 on April 25, 2012 at 7:39 PM

Blake on April 25, 2012 at 7:39 PM

Instead of saying it is not a lie, why don’t you explain why it isn’t? I dont think you can, but please entertain me.

damian1967 on April 25, 2012 at 7:43 PM

Blake on April 25, 2012 at 7:39 PM

Typical, run away when the question of doumenting what you claim can not be found.

LIAR

damian1967 on April 25, 2012 at 7:54 PM

Blake on April 25, 2012 at 3:49 PM

No facts?

The bail hearing and the 911 call do not match up, so how do you explain that?

He said on the 911 call how old Martin was, “late teens”

He said at the bail hearing, I had no idea how old your son was.

Are you disputing that this was said on the 911 call and at the bail hearing?

damian1967 on April 25, 2012 at 8:09 PM

Typical, run away when the question of doumenting what you claim can not be found.

No, I’m running away from a psycho who everyone else had the good sense to run away from earlier. Again, seek help.

Blake on April 26, 2012 at 8:38 AM

Blake on April 26, 2012 at 8:38 AM

Because you can not post ONE thing to back up any of your claims.

LIAR!

damian1967 on April 26, 2012 at 8:50 PM

Now Zimmerman lied about 204,000.00 in money he has from legal donations.

After telling the court he had no money.

More lies!

damian1967 on April 27, 2012 at 9:42 AM

Uh oh

The Miami Herald reported that Zimmerman had a Myspace social media account where he wrote insulting remarks about Mexicans. He referred to an ex-girlfriend as a “hoe,” talked about beating a felony rap and complained that every Mexican he ran into pulled a knife on him. One line suggested that friends went to jail rather than snitch on him.

“Workin 96 hours to get a decent pay check, gettin knifes pulled on you by every mexican you run into!” Zimmerman wrote.

Defense attorney Mark O’Mara said Zimmerman’s account had been hacked and abandoned — but acknowledged that the posts cited by The Herald were written by his client.

Read more here: http://www.miamiherald.com/2012/05/02/2779667/zimmermans-attorney-trayvons-social.html#storylink=cpy

damian1967 on May 2, 2012 at 5:33 PM

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