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Saturday, March 2, 2013

THE GEORGE ZIMMERMAN CASE APPEARS OVERCHARGED AND TENUOUS FOR A STATE MURDER VERDICT. MAYBE MANSLAUGHTER.




Let's have a trial before we have more hoodie marches and absolute rhetoric about how Zimmerman murdered an innocent black child, for no reason, and is labeled a racist, trigger-happy wildman. 

It may be thus; it may not. Something in my many years of trying these cases says that this will be a hard one for the state and that it may be overcharged. Looks more like a weak manslaughter. 

I don't pretend to know. I presume innocence until guilt is proven. I did this for 40 years. 

My suggestion is that interested parties pull and read the FLORIDA STANDARD JURY INSTRUCTIONS for homicide.  All the way from 1st degree to manslaughter.  Then read all the defenses~ the affirmative defenses.  then, clearly get it that EACY AND EVERY ELEMENT of the crime charged. each one, must be proven behind and to the exclusion of every reasonable doubt.  

Then, you must get that even if proven, there may be a viable affirmative defense. understand that Zimmerman was bleeding and hurt. 

Understand he was there by pretty much by right-- as was Martin,  and under the auspices of the SPD to find and report suspicious activity. His subjective assessment will be considered. 

He was licensed to carry and use the firearm to protect his life. Martin or someone tried to crack his skull. So he says. There is no testimony to the contrary. 

This is Not an open and shut case at all. I personally think it may have been overcharged.  It would have had legs as manslaughter.  

I am uninterested in the outcome emotionally. Just the facts and the law. 

This is a tragedy for Zimmerman and his family, nearly as much as for Martin and his family. It is horrific. I am disappointed to see the black community behave like racists, making slashing judgements about the incident, the police, Zimmerman, when i see nothing to support those indications. It is the people of color who have made this an incident of color. I wish we were at a place where that were not on the table, for either side. 

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