Has Zimmerman Waived His Right to a Pre-Trial "Stand-Your-Gr

[Law of Self Defense]

I realize the George Zimmerman/Trayvon Martin case is in Florida, and this (obviously) is a Minnesota forum, but I've seen a tsunami of headlines by the mainstream media this past week about how George Zimmerman has allegedly waived his right to a pre-trial "Stand-Your-Ground" hearing, and speculation on their part that this is yet "another" sign of how desperately week his self defense case is.

As usual, the mainstream media have it completely wrong, on every count.

First, Zimmerman didn't waive anything, he simply let a tentatively assigned date for the hearing go, so the court knew it could use that date for other purposes. He's still free to make a motion for the pre-trial hearing at a later date (subject, as always, to the judge's discretion, but Judge Nelson in the video I've seen certainly seems favorably inclined to such a motion). The actual trial isn't scheduled to begin until June 10. (In the same video one case see the prosecution flailing desperately to have the record reflect some kind of "waiver" by Zimmerman on the issue, but the judge clearly shuts that down.)

Second, the prosecution doesn't seem to really know what it's talking about. Although they refer to the pre-trial hearing as a "Stand-Your-Ground" hearing, there is no such thing under Florida law. Instead, the pre-trial hearing is to ascertain whether Zimmerman qualifies under Florida's self-defense immunity statute. If he does, the charges against him would be immediately dismissed (and, incidentally, he would be immunized against civil claims, as well). When the prosecution can't keep its statutes and pre-trial hearings straight, it doesn't exactly make me think they've got the upper hand on the defense.

Third, there are good strategic reasons why the defense might wish to delay the pre-trial hearing or even to wait until the actual trial to make a motion for self defense immunity, so any such delay or even a "waiver" of the pre-trial hearing does not mean the defense is necessarily weak. For example, it's pretty common knowledge that the prosecution has been "slow-rolling" the defense on discovery matters, and when that's the case it's usually in the best interests of the defense to delay as long as possible, so that they can collect as much discovery as possible, before the "shooting" part of the legal battle begins.

Anyway, I was just completely astonished at how badly the mainstream media had read this thing (although I know I shouldn't have been, it's not like they get much else right, and they want Zimmerman to be found guilty so bad they can taste it), and I thought it might be worthwhile to throw in some informed two-cents, for those who are interested.

For those interested in the legal details backing up everything I've stated above, feel free to take a look at my blog entry on it, which includes all relevant cases and statutes, and even some video of the judge smacking down the prosecution. The blog post can be found here: http://tinyurl.com/d8nyb5a

Andrew

[One Man Wolf Pack]

Inal but I think they feared the judge wouldn't drop the case for self defense because he wouldn't want riots by the idiots. Plus if they denied his syg defend in the pre trial, the jury would take that as an indicator of guilt and convict.

Without the hearing they can argue syg throughout enough to sway most of the jury.

In a just world it wouldt even of gone this far. You have NBC and the Nbp race hustlers to thank for all this.

[jgalt]

In order to show that he was justified in his actions during a pre-trial hearing he would need to present evidence to that effect - i.e. his lawyers would need to give away their specific arguments, which could give the prosecution an advantage at trial if the pre-trial hearing doesn't clear him.

All "stand your ground" does in this case is give him the option to get a quick resolution to the legal case, but since a "quick resolution" is already long-past possible, there really isn't any advantage to the pre-trial hearing. Why take a chance that a jury might see a judge's denial as some indicator of guilt (which it isn't) while giving away your defense strategy if there is no benefit in doing so?

[Rip Van Winkle]

Despite what the law says, Zimmerman could be easily convicted depending on the biasses of the judge and jury. I wouldn't want to be in his shoes.

In a just world it wouldt even of gone this far. You have NBC and the Nbp race hustlers to thank for all this.

I couldn't agree more.

[Sarge_44]

I bet if it was a black kid who shot a white guy, he would be locked up for life already.

[minnhawk]

problem is, there is at least one witness who will verify that Trav was indeed on top of Zman. ABC interviewed her as she stood at her condo doorway and they ran the tape at least twice before tucking it away because her statement wasn't fitting the big media's handling of the story. Very interesting. Will that witness testify? She was Black.........

[floydster]

I bet if it was a black kid who shot a white guy, he would be locked up for life already.

You are kidding, right?????

[jgalt]

I bet if it was a black kid who shot a white guy, he would be locked up for life already.

Or at least for 4 months, during which time he'd lose his job, be evicted from his apartment, and have all of his possessions stolen - even if it was clear that he'd been well within the law in defending himself...

http://www.desmoinesregister.com/article/20120222/NEWS01/302220033/1048/ENT02/

[NMRMN]

...feel free to take a look at my blog entry on it , The blog post can be found here: _________

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[Heffay]

I bet if it was a black kid who shot a white guy, he would be locked up for life already.

You are kidding, right?????

*YOU* are kidding, right?????