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In the eyes of a Trial Laywer

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  • In the eyes of a Trial Laywer

    As a trial lawyer myself, I have learned that trials often unearth and expose unpleasant truths. The Zimmerman trial did this.

    The unpleasant truth is that Martin assaulted Zimmerman with intent to kill or severely injure. Zimmerman has been criticized for being outside of his car while reporting Martin's loitering. Whatever one's opinion is about this, the fact is that this was not against the law. And that is the standard. There is no evidence that Zimmerman even verbally confronted Martin. Which would have been legal, by the way.

    The evidence supports the conclusion that Martin hid in the bushes with the intent of surprising and attacking Zimmerman, which he did. Laying in wait and attacking, if it leads to a death, is grounds for a first degree murder conviction in most states. Thus if Zimmerman had died from the attack, Martin would likely have been liable for what many states term "First Degree Murder." (I don't know the specifics of Florida law.)

    The evidence supports the conclusion that Martin resented Zimmerman's presence outside of his car, Zimmerman being lawfully walking in his own neighborhood at the time. This resentment provided the motive for Martin to assault Zimmerman, strike him, wrestle Zimmerman to the ground, and then pound Zimmerman's head into the concrete pavement. Martin used deadly force against Zimmerman in this fashion, and as experts testified, this battery by Martin against Zimmerman had the power to kill or maim.

    The jury clearly believed that the evidence revealed the foregoing scenario to be what happened. It is what happened.

    Zimmerman drew his pistol and shot Martin as a result of Zimmerman's objectively correct decision that to do otherwise was for him to risk his own death or severe maiming at the hands of a full-grown vicious attacker: Trayvon Martin.

    Any rational society would conclude that Zimmerman was fully within his rights to use his pistol to stop Martin's vicious and deadly attack. Zimmerman was properly licensed to carry the pistol and this right derives from precisely the possibility that the pistol will be needed to exercise the legitimate right of self-defense, as happened here.

    Another key fact: this has absolutely nothing to do with the "stand your ground" law. Zimmerman had no ability to retreat. Even if he had been in a "duty to retreat" jurisdiction, he would have had the right to defend himself as he did. This is a natural right, not conferred by the Constitution, but *protected* by the Constitution.

    The rhetoric employed by the Democrats and Left (same thing) particularly by the Obama Administration represents nothing but an attempt to distort and ignore the objective facts. Next time you think about voting Democrat, remember the deceit with which they have approached this fairly simple situation.
    __________________
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  • #2
    Well stated. Also never forget that the Democrats are the party of:

    1. Jim Crow
    2. KKK
    3. Anti-Civil Rights

    and the list goes on.
    Wake Up...Grow Up...Show Up...Sit Up...Shut Up...Listen Up

    Comment


    • #3
      Any erosion of the rights of free people is the aim of libs.

      If we retain our freedom; the elite won't be able to control us.
      "Never argue with a fool; he will only pull you down to his level, and beat you with experience"

      Comment


      • #4
        Aw I call BS. Don't you know that George Zimmerman, a WHITE Hispanic, went to that very spot, almost every day, in hopes of spying a black person, preferably a black male youth in a hoodie, for the sole purpose of pre-profiling, stalking, and then murdering him, all the while knowing he'd get off. George knew that everyone qould believe him. He knew he could bash his own nose a bit, and smack his own head a bit in order to simulate injury, and support his case of alleged fear. George knew he was white, and white makes right, and that any innocent angel like Travon would just be another dead ****** to the LEOs. What George didn't know, was Travon's mom's ties to a lawyer who knew Al and Jesse, and got the case some fancy media attention, as they fabricated their pocket lining legal and media adventure against George.

        Or something like that.

        Comment


        • #5
          Now why doesn't the rest of the nation see this, this solely a self defense case that because of the media went into a racial frenzy.I'm going to say this politely. But the young man attacked first with the intend to harm. Now we here obummer saying that he could have been martin 35 years ago, give me a brake we have to worry about stand your ground law because of this we have to worry if we ever had to defend our self that riots and demonstrations take place. This was wrong from the start we have this right to defend our self and our loved ones without the feds and social media coming in to play
          Rest in peace old sailor Mike
          In Memory of Mom: Standing 4'11" She would say come here so I can hit you as I looked down at her
          As my Olde buddy Jake said point at the belt buckle and muzzle rise will take care of the rest
          Live a little learn a lot

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          • #6
            I figured out what it's all about....

            Jesse needs to raise some more money to support his illegitimate children, so he's taking this on and Paula Dean at the same time. Just my opinion.
            The only thing better than having all the guns and ammo you'd ever need would be being able to shoot it all off the back porch.

            Want to see what will be the end of our country as we know it???
            Visit here:
            http://www.usdebtclock.org/

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            • #7
              Did you see Rev Al?
              OMG he looks like a Puppet of himself. He couldn't get that old black magic goin at his rally with a poor turn out featuring Beyonce (1/2 white) and jay zee a couple of hundred people in NYC. Hell occupy wall st did better than that!
              The media hates to see this fizzle but the interest is artificial, it will play on the who gices a sh!t channel soon!
              My New Web Store!
              www.teampython.com
              __________________________________________________ _____
              The loudest sound in the world is a “click” when you need a “bang.”



              Comment


              • #8
                Originally posted by downtownv View Post
                As a trial lawyer myself, I have learned that trials often unearth and expose unpleasant truths. The Zimmerman trial did this.

                The unpleasant truth is that Martin assaulted Zimmerman with intent to kill or severely injure. Zimmerman has been criticized for being outside of his car while reporting Martin's loitering. Whatever one's opinion is about this, the fact is that this was not against the law. And that is the standard. There is no evidence that Zimmerman even verbally confronted Martin. Which would have been legal, by the way.

                The evidence supports the conclusion that Martin hid in the bushes with the intent of surprising and attacking Zimmerman, which he did. Laying in wait and attacking, if it leads to a death, is grounds for a first degree murder conviction in most states. Thus if Zimmerman had died from the attack, Martin would likely have been liable for what many states term "First Degree Murder." (I don't know the specifics of Florida law.)

                The evidence supports the conclusion that Martin resented Zimmerman's presence outside of his car, Zimmerman being lawfully walking in his own neighborhood at the time. This resentment provided the motive for Martin to assault Zimmerman, strike him, wrestle Zimmerman to the ground, and then pound Zimmerman's head into the concrete pavement. Martin used deadly force against Zimmerman in this fashion, and as experts testified, this battery by Martin against Zimmerman had the power to kill or maim.

                The jury clearly believed that the evidence revealed the foregoing scenario to be what happened. It is what happened.

                Zimmerman drew his pistol and shot Martin as a result of Zimmerman's objectively correct decision that to do otherwise was for him to risk his own death or severe maiming at the hands of a full-grown vicious attacker: Trayvon Martin.

                Any rational society would conclude that Zimmerman was fully within his rights to use his pistol to stop Martin's vicious and deadly attack. Zimmerman was properly licensed to carry the pistol and this right derives from precisely the possibility that the pistol will be needed to exercise the legitimate right of self-defense, as happened here.

                Another key fact: this has absolutely nothing to do with the "stand your ground" law. Zimmerman had no ability to retreat. Even if he had been in a "duty to retreat" jurisdiction, he would have had the right to defend himself as he did. This is a natural right, not conferred by the Constitution, but *protected* by the Constitution.

                The rhetoric employed by the Democrats and Left (same thing) particularly by the Obama Administration represents nothing but an attempt to distort and ignore the objective facts. Next time you think about voting Democrat, remember the deceit with which they have approached this fairly simple situation.
                __________________
                Great minds think alike, downtownv. My sentiments exactly and I'm not a lawyer.
                Never trust anyone who doesn't trust you to own a gun.

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                Comment


                • #9
                  Originally posted by Harrylee View Post
                  Now why doesn't the rest of the nation see this, this solely a self defense case that because of the media went into a racial frenzy.
                  The rest of the country doesn't see this because they didn't actively seek information. My son who is a conservative (and works long hours) and believes in self defense told me Zimmerman should have got life. I asked why and he said Zimmerman got out of his car, bullied Martin and hit him. When Martin defended himself Zimmerman shot him. I asked where he got that information and he said from the TV. Of course I told him what really happened and he agreed the jury was correct.

                  It is the TV that educates America on just about everything. That's why political ads on TV win elections, why opinions are formed in little kids by sponge bob and others like him. And why events everywhere are decided in the minds of the people in 1.5 minutes without consideration of the opposing view. There is no end to the damage TV has done to our country.

                  If you did watch the drama, you may have seen Nancy Grace display her hate of Zimmerman throughout and when she would have Martin's family on would cloud up her face, quiver her jaw, and gush all over them in a love fest. When it all started she had my wife convinced of Zimmerman's guilt after her telling over and over of her tragic loss when someone she loved was gunned down implying she is now an expert. With a little help, my wife caught on to her tricks quickly.

                  It has been a very long time since TV had true reporters that reported both sides of issues in a neutral fashion.
                  •"Everything will be okay in the end. If it's not okay, it's not the end." - O. L.
                  • "America's not at war; her military is. America's at the mall."

                  Comment


                  • #10
                    Old Lincoln has it right on ... I know ... I bought some bullets from him once.

                    Comment


                    • #11
                      Great article about the media bias in this whole process.
                      http://crosscut.com/2013/07/15/media...rayvon-martin/

                      Comment


                      • #12
                        Nancy Grace, My God that woman would be the ultimate test for Viagra....Every time I flipped channels she was about to have a Big O over Trayvon's parents....Unfortunately her opinion was shared by most Obama lovers and the story went something like this: Trayvon was just walking home from his volunteer job at the old folks home and Zimmerman drove past him and felt like messing up a hoodie so he pulled over and chased Trayvon down and smacked him around some all while insulting him with horrible racial slurs until Trayvon broke down and begged Zimmerman to just let him go home to mommy and thats when Zimmerman pistol whipped him and said so long you sorry no good punk ****** and popped a cap in poor Trayvons little heart..... Murder plain and simple.....
                        " An armed society is a polite society".... Robert A. Heinlein

                        Born under a bad sign with a blue moon in your eyes.......

                        Comment


                        • #13
                          Originally posted by getsome View Post
                          Nancy Grace, My God that woman would be the ultimate test for Viagra....Every time I flipped channels she was about to have a Big O over Trayvon's parents....Unfortunately her opinion was shared by most Obama lovers and the story went something like this: Trayvon was just walking home from his volunteer job at the old folks home and Zimmerman drove past him and felt like messing up a hoodie so he pulled over and chased Trayvon down and smacked him around some all while insulting him with horrible racial slurs until Trayvon broke down and begged Zimmerman to just let him go home to mommy and thats when Zimmerman pistol whipped him and said so long you sorry no good punk ****** and popped a cap in poor Trayvons little heart..... Murder plain and simple.....
                          C u Next Tuesday!
                          My New Web Store!
                          www.teampython.com
                          __________________________________________________ _____
                          The loudest sound in the world is a “click” when you need a “bang.”



                          Comment


                          • #14
                            Funny I don't remember any riots or requests to the President of the U.S. to intercede when O.J.Simpson murdered two white people and was acquitted.

                            Comment


                            • #15
                              Originally posted by Allen View Post
                              Funny I don't remember any riots or requests to the President of the U.S. to intercede when O.J.Simpson murdered two white people and was acquitted.
                              Me either. And I don't have to think hard to understand why.
                              Wake Up...Grow Up...Show Up...Sit Up...Shut Up...Listen Up

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