What Zimmerman’s Charge Means (Or Doesn’t)

Well, okay, the press conference by Angela Corey is over. Let us be clear, it was the performance of a politician and, not necessarily that of a grounded and by the book prosecutor. Seriously.

First off, Ms. Corey talked in repeated and continued platitudes and never, at any point, identified what the exact charge she was prosecuting Zimmerman under, nor her basis for doing so.

This is important to me, and the discussion herein at this blog, because 1) we are intelligent and actually care about such specifics, but 2) It is really important in a publicly and hotly contested case such as the Zimmerman shooting homicide of Trayvon Martin.

I stand by everything said in my preliminary post today as to why the path, via information filed and prelim process is not only appropriate, but absolutely smart. That still stands.

The only issue, at this point, is the actual charging of the criminal defendant, in this case George Zimmerman. Here is the SOLE charge filed by Angela Corey against George Zimmerman:

COUNT 1: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, On February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an 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, kill TRAYVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Sections 782.04(2), 775.08(1) and 775.087(2), Florida Statutes.

That would be 2nd degree murder, as charged. Under what actual section of the pertinent Florida statute are we talking? Well, 782.04(2), 775.08(1) and 775.087(2). does that really tell you where and how the state is proceeding? No. Not to my eye, it does not. Take a look, if you can see the specific, definable, path to charge, then you are a better man and lawyer than I. If you can see, maybe, potential, possible, applicability then join the club. But, that is, of course, not the standard.

Here, however, is the manslaughter provision I proffered in the earlier post. I now see legal gadabout Mark Geragos on CNN saying the 2nd degree statute charged may be actually easier to prove up than a manslaughter charge. He is is fucking crazy loopy off his rocker if he really believes that bleating bullshit.

Seriously, I cannot speak as an active criminal prosecutor, but as a defense attorney, bring this on. If my client has to be charged, I would rather he be over charged, especially nebulously and with all the justification defenses available under Florida law, as either described and/or linked, in the earlier post.

So, to sum up, I would say it is a bit batty to charge the HIGHEST POSSIBLE CHARGE IMAGINABLE, and ONLY THE HIGHEST CHARGE IMAGINABLE, with no lesser included backups. But, hey, what me worry Angela Corey?

Yes, I am perplexed at this. Completely. Let the college of internet knowledge school us on why this is wrong.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

45 Responses to What Zimmerman’s Charge Means (Or Doesn’t)

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
Emptywheel Twitterverse
JimWhiteGNV Peace on Earth and goodwill to all. http://t.co/CCcVPHjF6l
1hreplyretweetfavorite
bmaz RT @BanTorture: @bmaz @SuzanneTwoTon Hard to know whether to lay blame here at the feet of theocracy, capitalism, the state, or Clark Cleme…
1hreplyretweetfavorite
bmaz Now that the Dow has hit 18,000, let us remember the worst op-ed in history http://t.co/qtvHkiaJ5n great take via @ObsoleteDogma
2hreplyretweetfavorite
bmaz @astepanovich May you and yours have a great one.
3hreplyretweetfavorite
bmaz @astepanovich In your honor, I am watching West Wing In Excelsis Deo tonight. One of the best TV Christmas episodes in history.
3hreplyretweetfavorite
bmaz @etuckerAP I searched my local guide and found nothing! Not on Netflix or Amazon Prime either? Booo.
3hreplyretweetfavorite
bmaz NORAD, FLOTUS and POTUS blatantly lying to children about Santa Tracker just inures them to a future of US Govt lies when they are adults.
3hreplyretweetfavorite
emptywheel @davidgreene No MLAT: Santa has to worry about Putin annexing the workshop. Putin especially likes industrious regions.
3hreplyretweetfavorite
emptywheel @davidgreene Huh. Had decided NSA just has Santa on a perma-FISC order as an agent of a foreign power and HUGE counterintelligence risk.
3hreplyretweetfavorite
bmaz @kevinjonheller Wait...what is?
3hreplyretweetfavorite
bmaz Also NK hacked Sony RT @markknoller "I do believe in Santa," Mrs Obama tells Sarah, adding, "The President believes in Santa very much, yes"
3hreplyretweetfavorite
emptywheel @davidgreene http://t.co/jFQ8Z3NVbu Working on theory Verizon also tracking Santa using Super Cookie, bc cookie.
3hreplyretweetfavorite
April 2012
S M T W T F S
« Mar   May »
1234567
891011121314
15161718192021
22232425262728
2930