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homeagain wrote: I believe in THIS case the Sanford PD was negligent in pursuing all the facts and instead fell back on STAND YOUR GROUND and
took the easiest route to close this case.
When Sanford police arrived on the scene on February 26, 2012, after Zimmerman fatally shot unarmed 17-year-old Trayvon Martin, they conducted a "sound" investigation, and the evidence provided no probable cause to arrest Zimmerman at the scene, he said.
It had nothing to do with Florida's controversial "Stand Your Ground" law, he said; from an investigative standpoint, it was purely a matter of self-defense.
http://edition.cnn.com/2013/07/10/justi ... index.html
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pineinthegrass wrote: The prosecution has surprised the defense this morning by asking for the 3rd degree murder option.
From what I've heard 3rd degree murder along with vehicular homicide, manslaughter, and aggravated assault are options (and maybe others) that the court can decide to offer if they are applicable. Apparently 3rd degree murder requires child abuse in order to apply.
Clearly vehicular homicide doesn't apply to this case and it seems most, including the defense, assumed 3rd degree murder wouldn't either. But the prosecution produced prior decisions to support it (rulings that murder of a child is also child abuse).
Still, it seems kind of sneaky since the defense was only informed of this at 7:30am this morning. The judge asked the defense to argue against offering the 3rd degree murder option which is hard to do right on the spot. And with all the case law the prosecution had, it's clear they've been preparing this for some time. I guess they are really worried about their 2nd degree murder case?
Anyway, the judge still needs to rule on any alternate charges. If I heard it right, it seems all (including the judge) agree aggravated assault does not apply. Also, I just heard the lawyers say 3rd degree murder is a lesser charge than manslaughter and I think the judge agreed. Anyway I'm listening as I'm typing so I may of missed something.
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And there is ZERO evidence that Zimmerman knew he was a minor... but that fact probably won't matter.Walter L Newton wrote:
pineinthegrass wrote: The prosecution has surprised the defense this morning by asking for the 3rd degree murder option.
From what I've heard 3rd degree murder along with vehicular homicide, manslaughter, and aggravated assault are options (and maybe others) that the court can decide to offer if they are applicable. Apparently 3rd degree murder requires child abuse in order to apply.
Clearly vehicular homicide doesn't apply to this case and it seems most, including the defense, assumed 3rd degree murder wouldn't either. But the prosecution produced prior decisions to support it (rulings that murder of a child is also child abuse).
Still, it seems kind of sneaky since the defense was only informed of this at 7:30am this morning. The judge asked the defense to argue against offering the 3rd degree murder option which is hard to do right on the spot. And with all the case law the prosecution had, it's clear they've been preparing this for some time. I guess they are really worried about their 2nd degree murder case?
Anyway, the judge still needs to rule on any alternate charges. If I heard it right, it seems all (including the judge) agree aggravated assault does not apply. Also, I just heard the lawyers say 3rd degree murder is a lesser charge than manslaughter and I think the judge agreed. Anyway I'm listening as I'm typing so I may of missed something.
To clarify your information... the prosecution is asking for a 3rd degree murder charge BECAUSE the shooting was of a minor... they are claiming child abuse.
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Rick wrote:
And there is ZERO evidence that Zimmerman knew he was a minor... but that fact probably won't matter.Walter L Newton wrote:
pineinthegrass wrote: The prosecution has surprised the defense this morning by asking for the 3rd degree murder option.
From what I've heard 3rd degree murder along with vehicular homicide, manslaughter, and aggravated assault are options (and maybe others) that the court can decide to offer if they are applicable. Apparently 3rd degree murder requires child abuse in order to apply.
Clearly vehicular homicide doesn't apply to this case and it seems most, including the defense, assumed 3rd degree murder wouldn't either. But the prosecution produced prior decisions to support it (rulings that murder of a child is also child abuse).
Still, it seems kind of sneaky since the defense was only informed of this at 7:30am this morning. The judge asked the defense to argue against offering the 3rd degree murder option which is hard to do right on the spot. And with all the case law the prosecution had, it's clear they've been preparing this for some time. I guess they are really worried about their 2nd degree murder case?
Anyway, the judge still needs to rule on any alternate charges. If I heard it right, it seems all (including the judge) agree aggravated assault does not apply. Also, I just heard the lawyers say 3rd degree murder is a lesser charge than manslaughter and I think the judge agreed. Anyway I'm listening as I'm typing so I may of missed something.
To clarify your information... the prosecution is asking for a 3rd degree murder charge BECAUSE the shooting was of a minor... they are claiming child abuse.
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I would think there would have to be some sort or "intent to harm a child" to get a child abuse charge iin this particular case. Just like there needs to be some sort of knowledge of a victim's race or sexual orientation before someone could be charged with a hate crime. What's the difference?archer wrote:
Rick wrote:
And there is ZERO evidence that Zimmerman knew he was a minor... but that fact probably won't matter.Walter L Newton wrote:
pineinthegrass wrote: The prosecution has surprised the defense this morning by asking for the 3rd degree murder option.
From what I've heard 3rd degree murder along with vehicular homicide, manslaughter, and aggravated assault are options (and maybe others) that the court can decide to offer if they are applicable. Apparently 3rd degree murder requires child abuse in order to apply.
Clearly vehicular homicide doesn't apply to this case and it seems most, including the defense, assumed 3rd degree murder wouldn't either. But the prosecution produced prior decisions to support it (rulings that murder of a child is also child abuse).
Still, it seems kind of sneaky since the defense was only informed of this at 7:30am this morning. The judge asked the defense to argue against offering the 3rd degree murder option which is hard to do right on the spot. And with all the case law the prosecution had, it's clear they've been preparing this for some time. I guess they are really worried about their 2nd degree murder case?
Anyway, the judge still needs to rule on any alternate charges. If I heard it right, it seems all (including the judge) agree aggravated assault does not apply. Also, I just heard the lawyers say 3rd degree murder is a lesser charge than manslaughter and I think the judge agreed. Anyway I'm listening as I'm typing so I may of missed something.
To clarify your information... the prosecution is asking for a 3rd degree murder charge BECAUSE the shooting was of a minor... they are claiming child abuse.
Under Florida law the perpetrator does not need to know the victim is a minor for the child abuse charge, even if the minor showed a false ID, the fact that he is actually under 18 is all that is relevant.
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Walter L Newton wrote:
homeagain wrote: I believe in THIS case the Sanford PD was negligent in pursuing all the facts and instead fell back on STAND YOUR GROUND and
took the easiest route to close this case.
No stand you ground law was invoked by any of the authorities...
When Sanford police arrived on the scene on February 26, 2012, after Zimmerman fatally shot unarmed 17-year-old Trayvon Martin, they conducted a "sound" investigation, and the evidence provided no probable cause to arrest Zimmerman at the scene, he said.
It had nothing to do with Florida's controversial "Stand Your Ground" law, he said; from an investigative standpoint, it was purely a matter of self-defense.
http://edition.cnn.com/2013/07/10/justi ... index.html
Opinions and speculation has nothing to do with the actual facts in this case. I don't know how much clearer this can be for you?
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