George Zimmerman Defense Team Seek ‘Stand Your Ground’ Hearing in Death of Trayvon Martin … Could Potentially Clear Zimmerman … But Can Zimmerman Win Such a Hearing?
Could George Zimmerman, the neighborhood watch man who shot and killed Trayvon Martin in Sanford, FL be cleared of all charges?
The defense team for Zimmerman is seeking a “Stand Your Ground” hearing claiming that his client shot Trayvon Martin in self defense. That might be some what hard to prove seeing that Martin was unarmed; however, pictures and accounts of Zimmerman showed that he was beaten up rather badly. Although, due to the political and racial nature that this case has taken, I find it almost impossible to believe that a lone judge would dismiss the case even though there does not appear to be enough evidence to prove second degree murder.
Zimmerman’s defense attorney Mark O’Mara announced on his website Thursday that there will be a “Stand Your Ground” hearing based on his client’s claim he shot the unarmed teen in self-defense. A finding in Zimmerman’s favor would end the criminal case against him, as well as immunizing him from civil action.
“Now that the State has released the majority of their discovery, the defense asserts that there is clear support for a strong claim of self-defense. Consistent with this claim of self-defense, there will be a ‘Stand Your Ground’ hearing,” said O’Mara in a statement.
The law allows people to use deadly force, rather than retreat, if they believe their lives are in danger.
O’Mara described the hearing as a “mini-trial,” with arguments, witnesses, experts and evidence that would be included in a criminal trial, but without a jury.
Defense attorney Mark O’Mara discusses the “Stand Your Ground” hearing particulars at George Zimmerman Legal Case.
Since the beginning, there has been a rush to judgement in the case against George Zimmerman. Since the first day of his involvement, Mr. O’Mara has emphasized that people should be patient and wait for the evidence to be released before forming opinions about the case.
Now that the State has released the majority of their discovery, the defense asserts that there is clear support for a strong claim of self-defense. Consistent with this claim of self-defense, there will be a “Stand Your Ground” hearing.
In the case against George Zimmerman, a “Stand Your Ground” hearing will essentially be a mini-trial. Most of the arguments, witnesses, experts, and evidence that the defense would muster in a criminal trial will be presented in the “Stand Your Ground” hearing.
There are significant differences between a “Stand Your Ground” hearing and a trial. In a “Stand Your Ground” hearing, there is no jury; the decision is made by the judge alone. (more)
The Orlando Sentinel asks can George Zimmerman win a ‘Stand Your Ground’ Hearing? If it were any other defendant in any other legal case Zimmerman might have a chance. However, from the outset when the liberal MSM decided to slant and skew the coverage of facts, prior to the race baiters getting involved in the case and President Barack Obama interjecting himself in the matter Zimmerman may have had a chance. Also, Circuit Judge Kenneth Lester Jr. has already characterized Zimmerman as a manipulator and a liar. It is almost impossible to believe that Zimmerman can win a ‘Stand your Ground’ hearing with the racial and political climate.
What Zimmerman must make clear is that he was afraid of Trayvon, she said.
And to qualify for immunity under Florida’s “stand your ground” law, his fear must be reasonable and he must have believed that unless he acted immediately, he would have died or been severely injured.
Zimmerman’s account to authorities, on its face, appears to comport with the law, Tennis said, but there is one major drawback: “[He] doesn’t do so well on the stand,” she said. “That’s a huge worry.”
Circuit Judge Kenneth Lester Jr. has already characterized the 28-year-old Zimmerman as a manipulator who, along with his wife, hid $130,000 and a second passport from the court.
O’Mara has not yet said what he’ll do about Lester, who rejected Zimmerman’s request to step down from the case. O’Mara has 30 days to decide whether to appeal.