TALLAHASSEE, Fla. — A law enforcement official says that the killer in the Trayvon Martin case will be charged with second-degree murder and is in custody.
The official with knowledge of the case says that the charge against George Zimmerman will be announced at a news conference at 6 p.m. Wednesday. The official says he’s in custody in Florida but wouldn’t say where. The official spoke on condition of anonymity because he wasn’t authorized to disclose the information.
Wonder if Z will plead not guilty or guilty of murder. I believe if recollect that you must plead not guilty in order to take advantage of the appeals process.
The problem the defendant will have is that he had to stand before the court and agree to the guilty plea. he will have to answer questions from the court including whether you have had sufficient time to talk the matter over with the attorney, whether you understand the ramifications of the plea, whether anyone had given you inducements to compel you to take the plea, etc. So, to go back and say that you were lied to also says that you committed perjury to the court. We then get the old adage: 'Were you lying then? or, are you lying now?' Because, at some point, you will have had to lie to the court.
He will plead not guilty. His defense will be based upon the stand your ground law.
Sent from the handicapped stall.
I would think an appeal would be next to impossible:
Can You Appeal After Taking A Plea Bargain
Perfectly reasonable and clear explanation. Sounds right to me.
Appeal would still be open if he wants to claim ineffective counsel, after taking the plea deal.
Mark is a former felony prosecutor and Division Chief and has handled all types of criminal cases, including traffic, property crimes, DUI, drug cases and Death Penalty cases. He has extensive trial experience in both state and federal criminal defense.
AP: Zimmerman to be charged with 2nd-degree murder - Washington Times
This should become very interesting now.
I thought this was helpful:
JEFFREY WEINER: The proof is certainly more than what is required for manslaughter. They're going to have to show that he had really a depraved mind. In other words, he didn't plan this ahead of time. It wasn't premeditated, but it was as reckless and wanton behavior as could possibly have taken place short of premeditation.
Zimmerman's Murder Charge: Prosecution Must Prove 'Depraved Mind' | PBS NewsHour | April 11, 2012 | PBS
The burden seems pretty high. I'll be interested in seeing what evidence will be used to try and meet that burden.
He's in jail, not 1 minute of hearing or 1 item of evidence, so he has already been found guilty summarily. The only question is will a judge or jury at some point in the future months or a year or more from now decide if actually he was not guilty and should have never spent a minute in jail? Regardless, he now loses everything he had.
They can try to break him with solitary, threats of putting him in general population, tell him that his family will be finally be safe if he pleas and that even the President is against him - and that he'll probably get a life sentence.
They can also tell him that even if finally found not guilty, they will just keep him in jail months or a year or two longer while they try him again in federal court for civil rights violations - for which he now is looking probably at 2 to 3 years in prison before a possibility of being twice found not guilty. In short, there is no not guilty - he already has been found guilty. All he can hope to do is get that reduced to 2 or 3 years at best.
With all that ahead of him, at some point they will offer him a plea to manslaughter - giving him time served and only maybe 2 or 3 years longer and then probation, for which he at least gets out of county jail and to a bigger prison where he actually might be able to have visitors, make phone calls and watch TV - and avoiding him getting a life sentence in his President Obama V George Zimmerman trials.
He's already been found guilty. He is already serving his sentence. It is only the question of how much time he serves. That is the only question a juries get to make over the next 2 to 3 years.
Welcome to the new America, where everyone is now presumed guilty and summarily imprisoned, unless months or years later they can get a jury they were wrongly imprisoned and have to be released.
Enough with the tin foil hattery of "they will break him while in his cell" bullcrap. He's going through the very same process as everyone else does whose been arrested and headed to trial.
Enough with the tin foil hattery of "they will break him while in his cell" bullcrap. He's going through the very same process as everyone else does whose been arrested and headed to trial.
Same process as, the rest..nope.
There seems to be a hostile criminal justice system that stacks the deck against ccw/cops who are forced to make a split second decision and the public who hates law enforcement.
Both ccw/cops are fighting a losing battle and are caught between the hammer and anvil.
Wonder what external, community based factors weighed on the ridiculous 2nd degree murder rap?
If that name sounds familiar to anybody, he is the same attorney who appeared as an analyst on many TV shows during the Casey Anthony trial. This guy is very good. So is the prosecutor. This trial is going to be fascinating to follow.
AP: Zimmerman to be charged with 2nd-degree murder - Washington Times
This should become very interesting now.
Appeal would still be open if he wants to claim ineffective counsel, after taking the plea deal.
If it comes to a trial, it may just come down to a plea bargain and will be over in no time. If it does go to trial it may be a very good trial but I still think that it will be fairly short. Also it may come down to how long Zimmerman can afford that type of defense team.
Alan Dershowitz I believe noted that such a charge is a joke and should be easy to beat if GZ has competent counsel
No, if he could prove ineffective counsel. If that were a slam-dunk, DA's wouldn't offer plea bargains.
I think you're naive to think that a top criminal attorney won't handle this case pro bono. You can't buy the type of publicity this trial will garner.
As long as the jury has the opotion to lowering the charge, I'm fine with this charge.
As long as the jury has the opotion to lowering the charge, I'm fine with this charge.
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