“These Assholes, They Always Get Away”
by Circle or Line
An initial thought:
1) Miami Herald: Police volunteer program coordinator Wendy Dorival said she met Zimmerman in September at a community neighborhood watch presentation. “I said, ‘If it’s someone you don’t recognize, call us. We’ll figure it out,’ ” Dorival said. “‘Observe from a safe location.’ There’s even a slide about not being vigilante police. I don’t know how many more times I can repeat it.”
2) 2011 Florida Statutes 776.012 Use of force in defense of person. 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.
Since Dorival’s remark re: training volunteers is presumably not unique to Zimmerman, there appears to be, if not in theory then in practice, a conceptual dissonance, or gap, in between “neighborhood watch” and “stand your ground” – regardless of the facts of this particular case. It is not necessary even to believe that “vigilante” or “second degree murder” exists in that gap for it to be a deadly gap. “Negligent homicide” conceivably exists there. Who administers that gap? Who ensures that reconciliation between 1) and 2) is properly done?
I am wondering if that dissonance plays into the more obvious one in this particular case:
1) FL State Attorney Norm Wolfinger, determined that there was insufficient evidence for a conviction of George Zimmerman on the charge of manslaughter.
2) FL State Attorney Angela Corey, appointed by FL Governor Rick Scott, determined that there was sufficient evidence for a conviction of George Zimmerman on the more serious charge of second degree murder, and issued a criminal indictment without a grand jury.
So it is a fact that disagreement existed within the Office of the FL State Attorney as to whether or not to prosecute George Zimmerman. This disagreement appears to center in part on the affidavit of detective Chris Serino. But I wonder – does it also arise as a result of the gap in between “neighborhood watch” and “stand your ground”? If so, there’s a confusion that doesn’t just pertain to the Zimmerman case but to the very nature of how the law can be enforced in communities.
In any case, now we move on to the circus.
It’ll come down to inconsistencies in Zimmerman’s account of events – if this ever gets past the judge to a jury, which I personally doubt. I don’t think you’re ever going to see a second degree murder trial here. Why? Because the FL stand your ground law establishes an immunity, not a defense. All Zimmerman has to do is to file a motion and then establish stand your ground immunity – by a mere preponderance of the evidence.
Dershowitz thinks that the affidavit of probable cause itself is “irresponsible And unethical” which is extremely strong language – simply because it doesn’t even establish probable cause prima facie.
Zimmerman walks. And then – well, I wouldn’t like to be living in Sanford, Florida when that particular sh*t hits the fan.
And then we have this genius walking into the mix:
“If I Had a Son, He’d Look Like Trayvon”. What is that supposed to mean, precisely? I sympathize with you because your son was black, and I am black? If Obama was white and Trayvon was white, what does that statement signify then?
In any case, in addition to the State Attorney case, we now have a Florida Department of Law Enforcement investigation and a federal Justice Department/FBI investigation. Fun times.