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Posted On:
7/18/2012 11:47am
Style: Boxing, Judo, Kenpo--
It's not hearsay, if the victim testifies... but given that its just a charge, its not compelling.
My layman's understanding of the law states that prior bad acts usually aren't admissible. Now it might be used as rebuttal evidence if Zimmerman's character is brought into question during direct examination. Given that the defense attorney knows this... I highly doubt he'll open Zimmerman to this.
One thing to consider: Marcotte's article is written by someone who is an avowed feminist, and not a lawyer.
I'm not sure how much light will be shed based on forensics, unless there is a bomb of some sort (i.e. Martin was on his knees and Zimmerman standing).It will be interesting to see what facts emerge regarding the events of the shooting at trial. Balistics in particular. Where the two were when the gun went off will paint a fairer picture of what was happening. One based upon physical evidence instead of conjecture. The real meat and bones forensic stuff won't come out until the discovery phase. Until then, it's all just an excersize in debate.
Realistically, I'm only monitoring this case for two reasons:
(1) From a legal standpoint: is there an action you can take that invalidates your right to defend yourself?
Let's say Zimmerman started the fight. Threw the first punch. Martin goes to G'n'P. If Zimmerman didn't have the gun, and Martin could have continued on the offensive - he could have killed Zimmerman. That certainly would not have qualified for self defense on Martin's part, and lead to a charge (and possibly conviction) of Manslaughter.
So, the question is, IF Zimmerman started the fight, does that mean he loses the right to defend himself if his opponent escalates the situation?
(2) There are some questionable tactics being used by the prosecutor. I'm starting to get smells of Nifong here.
I guess I would have a helluva easier time seeing the Manslaughter beef than the Murder 2. I don't think Zimmerman entered the situation hoping to injure Martin. I do think he exhibited questionable judgement which might be argued lead to the death of Martin (hence Manslaughter).
In the end, ignoring the 911 dispatcher is going to be what is his downfall. I think that even if the criminal case is deposed in his favor, he'll get eaten up in the civil courts. -
His heart was visible, and the dismal sack that maketh excrement of what is eaten.
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Posted On:
7/18/2012 11:49am -
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Posted On:
7/18/2012 11:57am
Style: Boxing, Judo, Kenpo--
Under federal rules, prior bad acts could be admissible if they go to show a pattern, and to his motive or intent. That being said, I don't think his molesting a cousin has *anything* to do with a murder 2 beef.
Marcotte just wants a man she believes is bad (and which is further aided by this accusation) to go to jail. It's her prejudice, not her legal expertise, that leads her to that judgement. -
His heart was visible, and the dismal sack that maketh excrement of what is eaten.
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Posted On:
7/18/2012 12:01pm -
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Posted On:
7/18/2012 12:03pm -
His heart was visible, and the dismal sack that maketh excrement of what is eaten.
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Posted On:
7/18/2012 12:05pm -
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Posted On:
7/18/2012 12:07pm -
His heart was visible, and the dismal sack that maketh excrement of what is eaten.
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Posted On:
7/18/2012 12:09pm



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