Drudge Retort: The Other Side of the News
Thursday, March 07, 2013

George Zimmerman, who is charged with second-degree murder in the killing of Trayvon Martin, is all but certain to take his case directly to a jury on June 10 and skip a highly anticipated pretrial self-defense "Stand Your Ground" hearing, his lawyer said Tuesday. "This will give us time to get ready for one hearing, and that's a jury trial where my client gets acquitted," said his attorney, Mark O'Mara. "George wants to have a jury of his peers decide the case."

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How could he? He had no ground to stand.

#1 | Posted by REDIAL at 2013-03-07 08:58 PM | Reply | Flag:

Doesn't "stand your ground" law require on to be on their own property in the first place?

#2 | Posted by Tor at 2013-03-07 09:05 PM | Reply | Flag:

whaa? but he was attacked bu a guy who he was attacking!

#3 | Posted by BruceBanner at 2013-03-07 09:08 PM | Reply | Flag:

Doesn't "stand your ground" law require on to be on their own property in the first place?

#2 | POSTED BY TOR AT 2013-03-07 09:05 PM | FLAG:

no, you just have to feel scared. someone correct me if i'm wrong here.

#4 | Posted by BruceBanner at 2013-03-07 09:09 PM | Reply | Flag:

Why would he? It has nothing to do with his defense.

#5 | Posted by soheifox at 2013-03-07 09:12 PM | Reply | Flag:

i live here where it happened and ill tell you im a dem not a repub and this is what will happen he will be acquitted he had every right to shoot in self defense he was in his own complex does he have the right to walk anywhere in his own complex? yes was he attacked by someone who didnt want to be followed? yes did he have injuries to the front and back of his head? yes is there a older black women who saw the whole thing and her story is the same as Zimmermans? yes

#6 | Posted by reupman at 2013-03-07 09:51 PM | Reply | Flag:

"whaa? but he was attacked bu a guy who he was attacking!"

He was surprised by the can of skittles.

#7 | Posted by REDIAL at 2013-03-07 10:01 PM | Reply | Flag:

Wasn't it discovered that Trayvon's girlfriend lied under oath? Probably doesn't need to prove a "stand your ground" case now.

#8 | Posted by T_Man at 2013-03-07 10:09 PM | Reply | Flag:

Please stay in Florida. We don't need that kind of legal acumen spreading.

#9 | Posted by Harry_Powell at 2013-03-07 10:13 PM | Reply | Flag:

"Probably doesn't need to prove a "stand your ground" case now."

Lucky for him. Sounds like he was lying on his ground rather than standing on it.

#10 | Posted by REDIAL at 2013-03-07 10:20 PM | Reply | Flag:

It appears that the killer's jury trial needs the full attention and time of his attnys, who don't think they have a strong case for either the jury or the SYG hearing.

#11 | Posted by Corky at 2013-03-07 10:39 PM | Reply | Flag:

They've probably been under a lot of pressure not to attract attention to the SYG law.

#12 | Posted by REDIAL at 2013-03-07 10:41 PM | Reply | Flag:

Having stalked and killed an unarmed kid, they're already lucky not to be fighting a murder charge.

#13 | Posted by Corky at 2013-03-07 10:50 PM | Reply | Flag:

"...lucky not to be fighting a murder charge."

I thought they were?

#14 | Posted by REDIAL at 2013-03-07 10:54 PM | Reply | Flag:

You're right, I meant a 1st degree murder charge.

#15 | Posted by Corky at 2013-03-07 10:55 PM | Reply | Flag:

I think even the 2nd degree is a stretch.

Too bad being a nervous, insecure [...] isn't a felony.

#16 | Posted by REDIAL at 2013-03-07 11:06 PM | Reply | Flag:

Stalking and killing an unarmed kid is a felony, 2nd degree murder in this case.

#17 | Posted by Corky at 2013-03-07 11:18 PM | Reply | Flag:

I agree that's what happened, but I doubt they can prove it.

#18 | Posted by REDIAL at 2013-03-07 11:21 PM | Reply | Flag:

There is speculation in the press in FL that the reason they blew off the SYG hearing is they are still trying to figure out how to get out of the murder charge and don;t have time to fight a losing SYG battle.

#19 | Posted by Corky at 2013-03-07 11:23 PM | Reply | Flag:

I think it's a pretty complicated case. Not so much on the facts, but the precedents that may be set.

Can you goad someone into attacking you and then kill them when they do?

Can you initiate a violent situation and then use deadly force to get yourself out of it when it goes bad for you?

Had Martin been armed, would he have been justified if he had shot Zimmerman because he felt threatened by being followed?

#20 | Posted by REDIAL at 2013-03-07 11:33 PM | Reply | Flag:

i live here where it happened and ill tell you im a dem not a repub and this is what will happen he will be acquitted he had every right to shoot in self defense he was in his own complex does he have the right to walk anywhere in his own complex? yes was he attacked by someone who didnt want to be followed? yes did he have injuries to the front and back of his head? yes is there a older black women who saw the whole thing and her story is the same as Zimmermans? yes
#6 | Posted by reupman at 2013-03-07 09:51 PM

Could you please post the link to that womans statement? Thanks.

#21 | Posted by redlightrobot at 2013-03-08 01:48 AM | Reply | Flag:

Pest control...

#22 | Posted by Greatamerican at 2013-03-08 02:53 AM | Reply | Flag:

Pest control...

#22 | Posted by Greatamerican at 2013-03-08 02:53 AM | Reply | Flag:Heartless

#23 | Posted by Alexandrite at 2013-03-08 03:17 AM | Reply | Flag:

Flag:Heartless

BS...many future crimes prevented.

#24 | Posted by Greatamerican at 2013-03-08 03:25 AM | Reply | Flag:

I hope they do a reenactment of the scene. I don't think Zimmerman was on his back when he fired his gun. The trajectory of the bullet was horizontal to the body and would have been a difficult angle considering the reported positions when the gun was fired.

It would seem that if Martin were on top and in control that there would have been a bigger struggle for the gun. If they were standing, Zimmerman could have a clear access to his gun and the bullet could easily have a horizontal path. Let's see a reenactment.

I would also like to see the link to the statement of the woman who saw it all.

#25 | Posted by Buffalo_Bob at 2013-03-08 03:26 AM | Reply | Flag:

It sounds a little bit like Martin was the one who was standing his ground.

Plus, Zimmerman had much better options long before this came to a head and he chose to ignore them all. That makes Zimmerman the instigator and the agitator in my opinion.

#26 | Posted by Twinpac at 2013-03-08 03:41 AM | Reply | Flag:

no, you just have to feel scared. someone correct me if i'm wrong here.

#4 | POSTED BY BRUCEBANNER AT 2013-03-07 09:09 PM | FLAG:
You are correct about you don't have to be on your propriety, wbut it requires more then being scared. A man tried that in Texas as was found guilty of murder. A lot of people don't understand how the law really works and some here think a person can put themselves in a situation and claim they are scared and get off Scott free. It simply does not work that way. A person must have reasonable belief of an unlawful threat their life. What reasonable is what a jury would have to see as reasonable action and the evidence MUST back up his claims of a threat to his life for it I be a valid claim. People need to understand just because you say I feared for my life does not me you are good to shoot anything, the evidence must be there to back up your claim and your actions have to be reasonable to a jury.

"Stand your ground" governs U.S. federal case law in which right of self-defense is asserted against a charge of criminal homicide. The Supreme Court of the United States ruled in Beard v. U.S. (158 U.S. 550 (1895)) that a man who was "on his premises" when he came under attack and "...did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground

#27 | Posted by zack991 at 2013-03-08 06:39 AM | Reply | Flag:

"I don't think Zimmerman was on his back when he fired his gun"

"Stalking and killing an unarmed kid is a felony, 2nd degree murder in this case."

You guys would make Bill Frist pround. Able to see such things

#28 | Posted by Dalton at 2013-03-08 10:39 AM | Reply | Flag:

Slightly noble actually and gives his story credence. He doesn't want to be viewed as hiding behind a law and seems to want his side on the record, reviewed, and judged by the public.

#29 | Posted by kanrei at 2013-03-08 10:52 AM | Reply | Flag:

Wasn't it discovered that Trayvon's girlfriend lied under oath?

No, she lied about being at the hospital AFTER the murder.

I'm surprised Zippy isn't using the SYG defense. All our righty DR legal experts (who double as Constitutional and/or political experts), as well as the rightwing media spent so much time telling us it would be a slam dunk defense.

#30 | Posted by northguy3 at 2013-03-08 10:58 AM | Reply | Flag:

he was in his own complex does he have the right to walk anywhere in his own complex?

Trayvon sure didn't. And Zippy is on record as stalking this guy, in spite of the advice of the 9-1-1 operator.

#31 | Posted by northguy3 at 2013-03-08 11:01 AM | Reply | Flag:

#30 My understanding is that she lied to investigators about attending the funeral? Said she was in the hospital and couldn't make it.

#32 | Posted by Dalton at 2013-03-08 11:02 AM | Reply | Flag:

What's not surprising is how wrong the lefties were with their medical diagnosis and hypothetical scenarios. I have said from the start that I don't know what happened as we only have bits and pieces. I do know that it was avoidable if either of the two parties wanted to avoid it.

#33 | Posted by Dalton at 2013-03-08 11:13 AM | Reply | Flag:

I need to learn about Florida criminal law. I assumed that SYG was to some degree synonomous with self defense in that all syg law did was expand the types of locations and situations where a person could claim self defense. But I guess there is more to it than that.

#34 | Posted by moder8 at 2013-03-08 12:43 PM | Reply | Flag:

"BS...many future crimes prevented."

So you think its good for the quality of life of people in Florida if people like Zimmerman are allowed to walk around starting trouble with strangers for no reason and then shoot those strangers when they can't handle the fight they picked?

You're pretty stupid.

#35 | Posted by sully at 2013-03-08 12:54 PM | Reply | Flag:

What's not surprising is how wrong the lefties were with their medical diagnosis and hypothetical scenarios. I have said from the start that I don't know what happened as we only have bits and pieces. I do know that it was avoidable if either of the two parties wanted to avoid it.
#33 | Posted by Dalton at 2013-03-08 11:13 AM

I believe the exact opposite regarding everything you posted other than "we only have bits and pieces".

Our discussions pretty clearly follow what occurred. The inappropriate actions of Zimmerman are obviously most questionable - from following Martin to not going to hospital George Zimmerman lies perpetually.

The dead tell no lies.

#36 | Posted by redlightrobot at 2013-03-08 01:45 PM | Reply | Flag:

Pest control...

#22 | Posted by Greatamerican

Like Waco and Ruby Ridge. You do mean the jailing of cop beater Zippy, right?

#37 | Posted by northguy3 at 2013-03-08 03:03 PM | Reply | Flag:

Like Waco and Ruby Ridge. You do mean the jailing of cop beater Zippy, right?

Posted by northguy3

No.

#38 | Posted by Greatamerican at 2013-03-08 03:19 PM | Reply | Flag:

I need to learn about Florida criminal law. I assumed that SYG was to some degree synonomous with self defense in that all syg law did was expand the types of locations and situations where a person could claim self defense. But I guess there is more to it than that.

#34 | Posted by moder8

I will be more then happy to direct you to the facts of it, the only thing the law does is eliminate the longstanding legal requirement that a person threatened outside of his or her own home has to retreat from a attacker, the law allows a person to "stand their ground" to defend themselves like they are legally allowed to do in their home. THAT IS IT. (every state law is differnt)

The legal requirements to use lethal still stands, it does not make it easier like so many liberals claim. If a person thinks this is some magical law that will allow you to go around murdering people, your not only foolish but down right stupid. The law is extremely clear. Way too many people making their comments on the law dont understand what it does or how it protects a person. Another great reason to never except the advice from people on the internet.

"Use of force in defense of person": READ THE LAW YOURSELF DONT JUST TAKE MY WORD.

www.leg.state.fl.us

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013. . . .

776.013 (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

#39 | Posted by zack991 at 2013-03-08 07:15 PM | Reply | Flag:

A further section, which I've not seen reported in the press, may go some way to explaining the fact that George Zimmerman was not arrested or charged after the shooting in that it would seem to place a heavier burden than normal on the prosecution contemplating the laying of charges:

776.032 (1) A person who uses force as permitted in . . . s. 776.013 . . . is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

#40 | Posted by zack991 at 2013-03-08 07:16 PM | Reply | Flag:

For example, Zimmerman was NOT "instructed by police to stay away".. A dispatcher on the Neighborhood Watch line, who was NOT a law enforcement officer and who had no authority to "instruct" Z to do anything told Z that he did not "need" to follow Martin. (This is a CYA for the PD, so they can't be accused of making the caller their agent. The script is that neutral so they can't even be blamed for any unfortunate result of the caller staying put.) And Z said "OK" and did not get out of his car until some time later when Z said, on tape, that Martin had gone out of sight.

Getting him back in sight was perfectly legal and appropriate for someone acting as a Neighborhood WATCH man. And saying "Zimmerman confronted Martin" or "pursue and confront him" ignores the fact that even Martin's girlfriend says in her sworn statment that TM refused her plea that he run but instead insisted that he was going to confront GZ.

We have an eyewitness saying TM was atop GZ and beating him. Which makes irrelevant whether or not GZ could have had a duty to flee under different laws in different circumstances which did not then and may never have obtained. We don't know who attacked whom, which is to say that there is reasonable doubt that GZ attacked TM and precludes convicting him of anything for this incident under any reasonable set of laws. Unless someone comes up with better evidence than we've seen so far.

I think Zimmerman was stupid for following, yet TM could have easily called police that he was being followed and no one forced him to turn around to confront Zimmerman like his GF pleaded him to run and not confront. Let the evidence speak for itself and any gun owner knows that depending on how far he engaged TM will reflect in the type of wound TM body will show. Both parties adrenaline was for certain pumping,Also known as epinephrine. A hormone secreted by the medulla of the adrenal gland, especially in times of stress or in response to fright or shock. Its main actions are to increase blood pressure and to mobilize tissue reserves of glucose (leading to an increase in the blood glucose concentration) and fat, in preparation for flight or fighting. Derived from the amino acids, phenylalanine or tyrosine.

Also if you shoot anyone in the heart your almost guaranteed to stop a person in their tracks when you take out a persons heart, which is were Zimmerman's bullet hit and destroyed the hearts tissue. Rarely does anyone survive that wound to their heart. There would be no way TM could deal the blows he did to Zimmerman after sustaining such a wound. The powder burns and angle of the shot will be even more evidence that TM was on top.

9mm vs .45 vs Rifle A Dr's View of Gunshot Wounds. Video is graphic
www.youtube.com

Dr. Andreas Grabinsky (Anesthesiologist) from Seattle, talks about GSW's. He works with the surgeons and trauma team in the OR. He provides a interesting look at ballistics from their perspective. Essentially he considers a handgun wound, a handgun wound, and that common calibers lack power. He also makes distinctions between the types of damage seen from the traditional rifle round and the modern small caliber high velocity rounds.

#41 | Posted by zack991 at 2013-03-08 07:40 PM | Reply | Flag:

BEWARE IN THE LINK I GAVE IN THE VIDEO AT 8:15 IS EXTREMELY GRAPHIC OF REAL DAMAGE OF BULLET WOUNDS. It is a long video of 34 mins but it will better help you understand what a bullet would have done especially if shot in the heart.

www.youtube.com

#42 | Posted by zack991 at 2013-03-08 07:48 PM | Reply | Flag:

thanks for the info. very cool.

#43 | Posted by moder8 at 2013-03-08 07:50 PM | Reply | Flag:

Perhaps he could test the "White Hispanic Rage" defense.

#44 | Posted by Diablo at 2013-03-08 11:01 PM | Reply | Flag:

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