Furiounova
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That's not how it works. Demonstrating that GZ lied is not the same as proving beyond a reasonable doubt that GZ's action fulfilled the conditions of m2.
the prosecution has to show that it was impossible for any set of circumstances to exist where GZ is not guilty of m2.
I think that GZ has lied about what happened that night. I don't think everything he said was a lie. But I can't distinguish the truth from lies I do not have the info to check for myself. So, if I were a juror, I would treat all of GZ account as suspect and rely on the evidence other than GZ account.
But there's still a positive duty on the prosecution to show that there's no reasonable explanation wherein GZ did not commit murder in the second degree.
That is a high bar, but it's serious charge and should be seriously proven before someone faces the serious consequences for it. Seriously...
Part of the positive will be an inherent result of proving he lied about the entire sequence of events. It's not like he gave a consistent statement on events between the phone call and beginning of fight, then gave inconsistent statements between the fight and gunshot.
His recorded profiling of TM as a criminal proves he did not merely "suspect" TM was up to no good. He had convicted TM as a criminal before he even got out of his truck. This helps prove his mindset going into the fight itself. You are correct prosecution has the positive burden and it will focus on the moment he pulled the trigger. Does all of the evidence show he pulled it by mistake? A reasonable fear? Or was it out of anger? I think the prosecution has enough to prove it was out of anger and partially because there is no evidence he tried to use less than deadly force before pulling the trigger.
This is a case where there is no smoking gun but rather an aggregate and the fact GZ couldn't give one consistent element between his 1st statement and his recorded call, along with showing absolutely no remorse at any point, helps show depravity because there is an agenda to change everything that happened.
I also think they will play some of the jailhouse calls including his hoodie joke and how excited he sounds with the new found money. His Hannity interview also helps show he still couldn't give a consistent account and even introduced new falsehoods.