George Zimmerman has been charged with murder in the second degree.
Alan Dershowitz has chimed in to say the prosecution has no case.
“There’s simply nothing in there that would justify second degree murder.”
Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. “It’s not only thin, it’s irresponsible,” said Dershowitz.
Dershowitz went on to strongly criticize Cory’s decision to move forward with the case against Zimmerman. “I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged. This case will not – if the evidence is no stronger than what appears in the probable cause affidavit – this case will result in an acquittal.”
Smerconish identified the total lack of any mention of the supposed fight that occurred between Martin and Zimmerman prior to Martin being shot. He said he was disappointed that he did not see any mention of that conflict that led to Martin’s murder.
“But it’s worse than that,” said Dershowitz. “It’s irresponsible and unethical in not including material that favors the defendant.”
“This affidavit does not even make it to probable cause,” Dershowitz concluded. “everything in the affidavit is completely consistent with a defense of self-defense. Everything.”
That has been my take so far.
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4 responses to “Does Not Even Make It To Probable Cause”
I also thought the DA overcharged this as second degree murder. Some are speculating that this means she has more evidence, but it might also mean that she knows she has a loser of a case, but is placating the angry activists who want blood.
My worry is that the result from an acquittal of Zimmerman will be an organized push against self defense. For years, it has already been taught to all public school students that there is no right to self defense, and the anti-self defense movement is growing.
We still do not know all the details of what happened. If it turned out that:
1. Zimmerman was the aggressor and provoked Martin on Martin’s own turf, and
2. Martin never attacked Zimmerman,
then self defense would become a non-issue in the case.
I was under the impression that Florida law does not allow you to use a firearm against simple assault (with hands and fists.)
Obama got spooked. He was having fun ginning up his typical frenzy of race hate, but it was threatening to get out of control and scare off the honkies. So he gets this prosecutor to charge Zimmerman with a serious crime so that Sharpton and the New Black Panthers can claim victory and shut up. The case won’t come to trial till well past the election.
I was under the impression that Florida law does not allow you to use a firearm against simple assault (with hands and fists.)
But using the sidewalk to renovate Zim’s head is not simple assault.