Friday, April 20, 2012

Zimmerman Prosecutor's Terrible, Horrible, No Good, Very Bad Day

I'd advise you to invest in George Zimmerman futures and take a short position on the prosecution.
Wow - some days chicken salad and some days Florida state prosecutor.
George Zimmerman will be released on bail, set at $150,000.  The prosecution had asked for $1 million, the defense for $15,000.
CNN has 1, 2 transcripts. Here is the CNN live blog and the Guardian live blog.

This was a ghastly opening day for Assistant State Attorney Bernie de la Rionda, who seemed unprepared and admitted as much:

"Mr. Gilbreath, I didn't know we were going to be trying the case, I'm going to add up -- I apologize."

Hello!  Maybe if the prosecutor should have prepped himself by reading up on 'Arthur' hearing:

Jeff Weiner, a former president of the National Association of Criminal Defense Lawyers who practices in Miami, said Zimmerman was not necessarily entitled to release on bail. He faces up to life in prison for second-degree murder, a crime for which suspects in Florida are not usually afforded bail.

But if Angela Corey, the special prosecutor assigned to the case, wants to oppose his release, she will have to preview at least some of the evidence the state has against Zimmerman in proceedings known in Florida as an Arthur hearing, Weiner said.

“The state has the burden of proof to go forward and convince the judge that proof of guilt is evident and that the presumption of guilt is great … That’s what this hearing is about,” Weiner said.

Well, maybe the prosecution got the wrong instructional video.
And Tom McGuire is treating the prosecution gently. Alan Dershowitz is in a howling rage!
Professor Alan Dershowitz of Harvard Law School stated upon release of the arrest affidavit that it was “so thin that it won’t make it past a judge on a second degree murder charge … everything in the affidavit is completely consistent with a defense of self-defense.”

After the release of the photo, however, Dershowitz went much further, telling Breitbart News that if the prosecutors did have the photo and didn’t mention it in the affidavit, that would constitute a “grave ethical violation,” since affidavits are supposed to contain “all relevant information.”

Dershowitz continued, “An affidavit that willfully misstates undisputed evidence known to the prosecution is not only unethical but borders on perjury because an affiant swears to tell not only the truth, but the whole truth, and suppressing an important part of the whole truth is a lie."

When asked if it made a difference whether the prosecution had the bloody photograph at the time they charged Zimmerman, Dershowitz responded, “We do know that there were earlier photographs before the affidavit was done that strongly suggested blood on the back of the head, and we know the police had first access to him, so if there was blood they [the prosecution] would know about it …

"I've had cases in Florida against prosecutors,” Dershowitz said, “and this is not the first time they have willfully omitted exculpatory evidence. It's a continuing problem. Here, it’s not only immoral, but stupid. The whole country is watching. What do they benefit from having half-truths in an affidavit?" 


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