Skip to main content

View Diary: The Beat Goes On (7 comments)

Comment Preferences

  •  Confused... (1+ / 0-)
    Recommended by:

    The Defense COULD ask for immunity during the trial; the key word being could. That doesn't mean they will. I wrote that it could happen when the State rests, and it would mean before Zimmerman even takes the stand. I also wrote this:

    O'Mara did make one thing clear about that, though, regarding the judge. "We'd much rather have the jury address the issue of criminal liability or lack thereof," so it may never go to the judge.

    I interpret that as meaning there will be no immunity hearing inside the trial. Instead, the Defense will put its faith in 6 jurors.

    •  Thanks. (0+ / 0-)

      I was under the impression that once he waived it, there would never be another opportunity. Al Sharpton commented that it's interesting that they're going to bypass "Stand Your Ground" because the PD released Zimmerman based on that law. Wish I could be a fly on your shoulder.

      •  Sharpton (0+ / 0-)

        You are quite welcome, HappyinNM, and thank you, too.

        Sharpton is wrong. This was never a SYG case to begin with, although it could have been argued as one: however, the defense was leaning in another direction. That would be self-defense/immunity as covered by Florida Statute 776.032:

        776.032  Immunity from criminal prosecution and civil action for justifiable use of force.

        In other words, Zimmerman claims he was justified in shooting Trayvon because he was attacked. He wasn't standing his ground, he was merely defending himself:

        (1)  A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force [...]

        This will be up to the jury to decide. Which way it will go is anyone's guess.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site