Thursday, July 11, 2013

On George Zimmerman and Trayvon Martin

As to the depraved mind, were one to even assume it existed, it was not the motivating factor, in any way, for the shooting, were one to agree that the physical altercation took place resulting in the injuries to George Zimmerman's body. The depraved mind, were one to assume it existed at all, and that would be based on the initial words uttered, would only have "driven" the defendant to investigate the individual he found suspicious, and to call the authorities as he is supposed to do. The actual act of shooting was the result of the fear of imminent death or great bodily harm due to the physical assault taking place against him.

Even if you are assuming the most egregious case proposed by anyone - that George Zimmerman initiated a physical altercation with Trayvon Martin, and did so with a depraved mind - you are making that determination of fact based entirely upon the statements of one of the least reliable witnesses who has ever taken the stand, who changed the specific testimony serving as evidence of this position (testimony consisting of the reported hearing and interpretation of two words uttered over a cell phone call in which the witness claims there was "lots of wind") repeatedly. And what exactly are you assuming took place? Do you believe George Zimmerman, a fairly mousy, meek individual who had no history of such altercations, physically attacked Trayvon Martin, a significantly taller, fairly imposing individual on a rainy evening? Or that he attempted some sort of restraint until the authorities arrived? Would even an attempted restraint be evidence of a depraved mind? Absolutely ridiculous.

Second, he shot only once. He didn't even necessarily intend to end Trayvon's life. In fact it appears he did not intend that. How depraved is that? "A person could reasonably assume that the act *could* result in death", but that, in itself, is not depraved, if it's done in defense.

Third, there is evidence he didn't even believe that Trayvon was dead.

There is exactly zero legitimate reason to convict on the 2nd degree murder charge and it should be tossed out. I assume that would also toss out all "lesser includeds", but i don't know for sure, and perhaps that should be a lesson to future prosecutors to charge in a more reasonable fashion, if charges are to be filed at all.

As to the 3rd degree child abuse, when exactly did the abuse take place? It again would have to assume a physical assault initiated by Zimmerman prior to the shooting, as the shooting was the result of the fear of imminent death or great bodily harm. So the abuse-related charge of 3rd degree assault would have to, again, be related to the testimony of a single witness, who is an entirely unreliable witness for all reasonable people.

The correct verdict, based on the charges filed and the lesser includeds, is not guilty on all charges.


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