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View Diary: Zimmerman - "Stand Your Ground" Pretrial Immunity Hearing? (161 comments)

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  •  there are no "911" calls, (1+ / 0-)
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    AlyoshaKaramazov

    because mr. zimmerman didn't call 911, he called the police non-emergency no. the person he spoke to on the phone wasn't a cop, and she didn't order him to not follow mr. martin, she simply told him he didn't need to do that. he did it anyway.

    per the police report, mr. zimmerman claimed he was on his way back to his vehicle, when he was assaulted from behind, by mr. martin. mr. martin broke mr. zimmerman's nose, threw him to the ground, and started pounding the back of his head against the concrete sidewalk. mr. martin noticed the gun mr. zimmerman was carrying, and attempted to take it from him.  it was at this point that mr. zimmerman, fearing for his life, shot mr. martin, twice, in the stomach. police found mr. martin's then lifeless body, lying face down, with his hands underneath his body.

    mr. zimmerman was briefly treated, for his injuries, by emt's/firemen, while sitting in the back of the police car. he wasn't taken to a hospital, nor did he request additional medical treatment, per the police report. both the chiefl of police and the state's atty. arrived at the scene. it was the state's atty. who made the decision to not have mr. zimmerman arrested, claiming the SYG law applied, and mr. zimmerman was immune from prosecution. clearly, per the statute, that was a premature decision, and not one to be made by the state's atty., but by a judge at a pre-trial hearing, requested by the defendant, after arrest.

    the two critical aspects:

    1. the story told by mr. zimmerman, if true, would appear to give him immunity, per the SYG.
    2. the police investigation was stopped, at the point the state's atty. concluded, without the authority to do so, that SYG applied, and no arrest was to be made.

    now that he's been arrested, mr. zimmerman's atty. can request a hearing to determine if, based on the evidence, SYG applies to his client. if it does, there is no trial. if it doesn't, there is a trial, but the defense can still assert an affirmative defense of SYG, to the jury.

    the problem the defense has, in my opinion, in supporting mr. zimmerman's claim of SYG, is the lack of physical evidence backing his claim of being assaulted by mr. martin. if you saw the police station tape of mr. zimmerman, taken roughly 40 minutes after the event, there is simply no visual evidence to indicate he suffered the type of injuries he claimed. as well, the question of how mr. martin's body ended up face down, with his hands underneath of him, if he was on top of mr. zimmerman when he was shot. there may well be a perfectly good explaination for this seeming inconsistency, that mr. o'mara will present. as well, i assume medical records will be placed in evidence, to show the extent of the injuries suffered by mr. zimmerman.

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