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In reply to the discussion: Trayvon Martin Killing Lead Prosecutor Says George Zimmerman Could Walk [View all]gejohnston
(17,502 posts)86. it was not jury nullification
you point to a jury nullification case that's (if memory serves) about 55 years old. They just don't happen that frequently. The jury refused to convict Goetz of attempted murder even after he blasted away at a bunch of kids on the subway (dark-skinned kids, if you get my drift) and left one in a wheelchair for life.
Bullshit. It was an attempted robbery. Two of the survivors publicly admitted robbery was their motive. That made the shooting was legal under New York law at the time. By the way, the federal investigation showed that there was no evidence that it was because of fear and not race. With the same amounted evidence, I could say that he was railroaded during the civil trial because of race. I don't have any evidence of that.
In the previous year in NYC, Austin Weeks also shot one of two attackers in a subway. Was he a racist who just wanted to blow a way a white kid? I don't think so. The grand jury did not indict even for the illegal gun. I do know that makes Kuby and Sharpton full of shit.
Casey Anthony's case I firmly believe the State could have gotten a conviction for Negligent Homicide, but they got greedy and tried for the big splash. It didn't work. Casey's lawyer wasn't particularly good, but the Prosecution trying to prove Murder stuck in the jury's craw and they did the right thing.
Casey didn't need a good lawyer. I doubt if the DA could have made negligent homicide charge stick. The State could not prove cause of death, they could not show time of death. I'm not a lawyer, but I'm guessing to convict someone of any kind of homicide, you have to at least show one took place. The DA had nothing. The DA fed the media a bunch of bullshit. The media and Floridians ate it up and went for seconds. He not only was greedy, but stupid as well.
Even if she were convicted, it would have been a mistrial because the DA withheld exculpatory evidence. The only thing the DA could prove was that Casey was the last person who admitted to seeing the kid alive. Race was not an issue.
There was a SYG case last year in Tampa that never made it past the local news. Since it was a stabbing, it was not on Brady's radar. Basically, middle school kid stabbed bully in self defense. SYG was not really an issue, because the killer was surrounded by the bully's buddies. So, he would have walked under duty to retreat. The could not understand how their angel could be murdered. Never mind that:
The bullying has been reported on several occasions, so the parents knew about it and did not teach Jr that bullying is uncivilized.
the bully beat and put the killer in the hospital on an earlier occasion (never did pay the hospital bill when sued)
according to all of the witnesses, bully and his friends were in the process of doing the same
The bullies parents whined about the "injustice" and wanted to sue for wrongful death. The old law would have permitted that. The old law should not have permitted it. Put the burden of proof on the state, and have civil immunity if justifiable is proven in a duty to retreat (outside of the home) law, I might support it.
If the media accounts of Zimmerman are correct or mostly true, he will not walk. He was the aggressor, that made SYG void. On the other hand, if he backed off and Martin counter attacked, then that is another issue. Either way, he is not going to get a fair trial.
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Trayvon Martin Killing Lead Prosecutor Says George Zimmerman Could Walk [View all]
shadowrider
Mar 2012
OP
Not really, they just need to prove beyond a reasonable doubt he was the aggressor
Kennah
Mar 2012
#68
Yeah but what would the lead prosecutor know about how SYG applies to this case?
Warren Stupidity
Mar 2012
#3
Actually, you've been told repeatedly that the law wouldn't not apply to the killing...
eqfan592
Mar 2012
#65
Any other civil rights you want to see strictly controlled and only in the hands of the Government?
ProgressiveProfessor
Mar 2012
#25
In any case of stalking I have ever heard of, the stalker has actually known the stalkee
rl6214
Mar 2012
#83
Yes, certainly. There is also a big gray area that covers stalking, pursuing, and following.
slackmaster
Mar 2012
#80
none of which have anything to do with the SYG statute. correct? It is two separate statutes
Tuesday Afternoon
Mar 2012
#81
I'm not a lawyer, I'm not sufficiently familiar with Florida law to begin to answer any of that
slackmaster
Mar 2012
#82