Jeff Weiner from the Orlando Sentinel recently interviewed local lawyers and asked how George Zimmerman would fare during a Stand Your Ground hearing:
http://articles.orlandosentinel.com/2012-08-09/news/os-george-zimmerman-stand-your-ground-20120809_1_george-zimmerman-trayvon-martin-mark-o-mara
The answer: Zimmerman has absolutely no chance of winning such a hearing. But, none of the lawyers Weiner interviewed mentioned this for some reason.
Why is it impossible for Zimmerman to win a Stand Your Ground hearing?
Contrary to O’Mara’s request to recuse Judge Lester, the reason Zimmerman can’t win a Stand Your Ground hearing has nothing to do with any perceived grudge that Lester may have with the defendant. As mentioned in this crime scene map posting 4+ months ago, allow me to explain…
To win a Stand Your Ground hearing, Zimmerman has the burden of proof and must show that:
- He was in a place where he was lawfully entitled to be.
- He was attacked.
- He had a reasonable fear of death or great bodily harm.
- He was not violating the law.
Bullet Point 1: Without a doubt, George Zimmerman (the civilian) was allowed to be where the shot was fired in between the buildings. However, he wasn’t allowed to carry a gun OR patrol while on Neighborhood Watch. Given the truck location I’ve identified here, Zimmerman wasn’t simply heading to Target when he spotted Trayvon Martin near Frank Taaffe’s house — meaning, he was definitely patrolling. If there’s any bullet point Zimmerman can “win” though, it’s (barely) this one.
Bullet Point 2: Nobody says Zimmerman was attacked other than Zimmerman. Given how shaky his word has been to date, it will be up to Judge Lester to believe a man that’s already failed to stop his wife from lying under oath. If O’Mara was smart, he’d have some/most of Zimmerman’s defense funds going towards coaching for the upcoming hearing and trial. Otherwise, it’s going to be extremely tough to prove that Trayvon attacked the armed vigilante.
Bullet Point 3: Contrary to what Robert Zimmerman Jr. told Piers Morgan, I originally contested that George Zimmerman’s (only likely) broken nose and head abrasions requiring soapy water as treatment with absolutely no sign of brain injury were NOT consistent with life threatening injuries. But, then came word that Zimmerman believed Trayvon was reaching for the holstered gun and he thus feared for his life. If this was the case, we’d expect Trayvon Martin’s DNA to be found somewhere on the gun. Said DNA doesn’t exist so the threat of the unarmed teen firing Zimmerman’s holstered gun obviously wasn’t imminent.
Bullet Point 4: Without further ado, this is the absolute reason Zimmerman has no chance of winning a Stand You Ground hearing. At 2 different points during his call to police, Zimmerman indicates Trayvon is running away from. 1) “Shit, he’s running” at 2:08 and 2) “He ran.” at 2:39.
Under Florida law, assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.011.html
It’s no wonder Zimmerman all of a sudden started ridiculously saying Trayvon “skipped” away. The moment Zimmerman denies Trayvon was fearful while on the phone with DeeDee that night is the moment Judge Lester rules against him.
Update from 8/30 – Appeal Court Removes Judge Lester in George Zimmerman Case:
https://bcclist.com/2012/08/29/appeal-court-removes-judge-lester-in-george-zimmerman-case/
Thank you, CommonSenseForChange and willisnewtown.
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