Friday, June 28, 2013

Impressions from Zimmerman trial

Been working for the last couple days, so I haven't been following this as closely.  Therefore, it is more of an impression than a conviction based upon first hand knowledge.

My impression remains that the prosecution is screwing up this case.

There may be good enough evidence to convict Zimmerman of a lesser charge if they played it right.  It would be a slam dunk for a biased jury, and it would stand a chance for a truly impartial jury.

Here's the problem with Zimmerman's defense, as I see it.  He got out of his car and he continued to follow Martin even though he was warned not to do that.  In my opinion, he had to have gone about 100 feet or so towards the location where the fighting occurred.  He had ample opportunity to return immediately to his car.  By itself, this isn't enough, but it puts him at risk of the mens rea of recklessness that would be required for a conviction ( this is a bit of speculation here, of course ).  The last part, which may be a clincher, is what he said to Martin just before the fighting began.  This is disputed, so if it cannot be cleared up, there's a big hole in that scenario ( which is not where the state is going anyway ).  So, if the case were prosecuted as an involuntary manslaughter case, Zimmerman can be faulted with not identifying himself as a watchman.  It then comes down to whether or not he asked what he is accused of asking which was "what are you dong here", as opposed to "what are you talking about" which was in response to Martin's question of "why are you following me".

Now, the state could have portrayed this as a step-by-step process that resulted in the tragic outcome.  The fault for Zimmerman would have been to make a series of mistakes which led to an escalation of the hostilities.  But that is still not enough for a conviction.  For a conviction, Zimmerman would have had to initiate the hostilities in some way.  It may not have been too aggressive, but if it were in any way aggressive, like trying to hold him up by grabbing his arm or what have you, Martin may have hit him.  In my view, if Zimmerman did anything like that, he would have been liable.  But no evidence like that exists that I am aware of.  Not that it couldn't exist, but the state is not trying to find such evidence.

The state is pursuing a bridge too far.  Evidence may exist to get a conviction, but the way in which the state is pursuing the case leaves that possibility unexplored.   Even with a lesser charge, it wouldn't be easy for the state to win this case, but it is virtually impossible with the way they are going now.

My impression remains that the state is going to lose this case.


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