There may not be a George Zimmerman trial after all….according to legal experts getting George Zimmerman to even stand trial may be over reaching…
As the dust begins to settle now that George Zimmerman has been brought into custody, legal pundits are wondering out aloud if Mr Zimmerman will even have to stand trial and that his case may simply be tossed out by a presiding judge who will rule whether the man currently charged of second degree murder should even face a jury o his peers.
latinofox: Legal experts said Corey chose a tough route with the murder charge, which could send Zimmerman to prison for life if he’s convicted, over manslaughter, which usually carries 15-year prison terms and covers reckless or negligent killings.
The prosecutors must prove Zimmerman’s shooting of Martin was rooted in hatred or ill will and counter his claims that he shot Martin to protect himself while patrolling his gated community in the Orlando suburb of Sanford. Zimmerman’s lawyers would only have to prove by a preponderance of evidence — a relatively low legal standard — that he acted in self-defense at a pretrial hearing to prevent the case from going to trial.
There’s a “high likelihood it could be dismissed by the judge even before the jury gets to hear the case,” Florida defense attorney Richard Hornsby said.
Of course the question one will want to ask is there a Florida judge brave enough not to let this case go trial despite what may have been George Zimmerman only seeking to protect himself from the aggressive behavior of Trayvon Martin? Although what is up for contention is with Mr Zimmerman refusing to stay put when told to by the police dispatcher, what was he seeking when he once again began pursuing the young man? Perhaps one could argue that he himself, Trayvon Martin was only exercising his own ‘stand your ground’ rationale at the hands of whom he perceived to be a dubious individual who had without provocation come after him.
Corey would not discuss how she reconciled conflicting accounts of the shooting by Zimmerman, witnesses and phone recordings that indicated Martin thought Zimmerman was following him.
“We do not prosecute by public pressure or by petition. We prosecute based on the facts on any given case as well as the laws of the state of Florida,” Corey said.
Martin’s parents expressed relief over the decision to prosecute the person who shot their son.
“The question I would really like to ask him is, if he could look into Trayvon’s eyes and see how innocent he was, would he have then pulled the trigger? Or would he have just let him go on home?” said his father, Tracy Martin.
Ultimately one has to wonder if the facts add up and put aside a community’s anger and insistence for blood, but that may well indeed necessitate a trial take place so as a family and a community get to the essence of what happened that night. Surely as a society we owe that to the parents of the deceased child?