The news just broke, the State of Florida has arrested and charged George Zimmerman with second degree murder in the death of Trayvon Martin. Apparently George Zimmerman is already in custody. Having watched the news conference where the state prosecutor played out her scripted drama for the cameras and announced the charges, I sought to look up and read the law as it is written in Florida.
Second degree murder in Florida carries several elements that are required for prosecution.
Specifically:
“It is the search for justice for Trayvon that has brought us to this moment,” state attorney Angela Corey said.
Corey also had a message for those who have been rushing to judgment on the case.
“You cannot know what it’s like to launch this type of investigation and come to this conclusion,” State Attorney Angela Corey said during the press conference. ”We don’t prosecute by public pressure or petition.”
Yet that is precisely what they are doing:
The bottom line. The state prosecutor's office has sidestepped the grand jury process, because they know full well that there is no evidence to support a murder charge against George Zimmerman. Therefore, the filing of a second degree murder charge can be accomplished by the prosecutor filing an information with the court and seeking a warrant on the charge.Murder with a Depraved Mind
Murder with a Depraved Mind occurs when a person is killed, without any premeditated design, by an act imminently dangerous to another and evincing a depraved mind showing no regard for human life.
The primary distinction between Premeditated First Degree Murder and Second Degree Murder with a Depraved Mind is that First Degree Murder requires a specific and premeditated intent to kill.
Looking at the elements required for sustaining a rendering of guilty of the crime, it appears to me that the elements requiring proof of "an act imminently dangerous to another and
evincing a depraved mind showing no regard for human life" are glaringly absent. George Zimmerman committed no act imminently dangerous to another. George Zimmerman was engaged in a lawful act of observation of a suspicious person and he was reporting the actions of the person and his own to police via a cell phone. Nothing imminently dangerous or otherwise to that.
The witness statement has already shown that George Zimmerman was attacked, knocked to the ground and being pummeled when he defended himself and shot Trayvon Martin. Therefore, George Zimmerman's act of self defense was clearly inside the guidelines of the law concerning self defense. (Stand your ground has absolutely nothing to do with the facts of this case by the way).
Lastly, George Zimmerman did absolutely nothing that demonstrated any disregard for human life. George Zimmerman was attacked and George Zimmerman defended himself. The law clearly states that when a person is attacked and in fear of death or great bodily injury, they have the right to defend themselves with force up to and including deadly force.
Therefore, for the state's prosecutor or anyone else to attempt to extrapolate the laws of self defense into some form of depraved act of the mind is unconscionable. Regardless of what the evidence has shown, the media and the real racists in America have finally gotten what they wanted. An innocent man tried and convicted in the court of public opinion, is now going to be tried for a crime that was never committed.
The only depraved minds in this case are the minds of those in the prosecutor's office and in the media who have sought any and all means to force their version of justice on a man who has already been destroyed by their insidious attacks.
I sincerely hope that a champion defender steps forward to take this case and the first thing that he does is move for a change of venue and a directed verdict of dismissal, absent any evidence to support the charges against George Zimmerman,.
2 comments:
The only sense I can make of this is that they have obviously "overcharged" George for a political purpose. They know the charges are ridiculous and will never stand up in court. But, they have made the charges which appeases the mob for now. Then when the charges are overturned, the mob will be even more radicalized headed into the election.
Just a thought.
The part that really PO'ed me was the part where the prosecutor said it was not about not responding to the public or the media, combined with her statement of seeking justice for Trayvon.
They have no case and they cannot bend the law to suit the lynch mob mentality.
George Zimmerman will be found innocent of this charge if the evidence and the law are adhered to.
Meanwhile, regardless, the justice department will file violation of civil rights charges and convict him either way, because that is what the "black community" demands as "justice."
Getting their way and ignoring the facts and the law are their version of justice.
Post a Comment