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April 14, 2012

Harvard Law Prof. Alan Dershowitz Says Zimmerman Arrest Affidavit in Death of Trayvon Martin is ‘Irresponsible & Unethical’

Posted in: Alan Dershowitz,Assault,Crime,Hate Crime,Judicial,Justice,Legal - Court Room - Trial,Murder,Trayvon Martin,You Tube - VIDEO

Well this is rather interesting, during an interview on MSNBC’s Hardball with fill-in host Michel Smerconish, Harvard University law professor Alan Dershowitz told MSNBC that the Zimmerman affidavit was irresponsible and unethical. So will justice really be served or is the prosecution of George Zimmerman in the death of Trayvon Martin simply political?

Alan Dershowitz went on to say that the arrest affidavit was thin and that it would not suffice. Dershowitz went on to say, “There’s simply nothing in there that would justify second degree murder.” The famed Harvard law prof went on to further criticize special prosecutor Angela Corey decision to move forward on the case against Zimmerman and accused Corey of making a political reelection speech as well as overcharging Zimmerman.

Dershowitz most telling comment was that if there is no stranger evidence than what appeared in the probable cause affidavit, “the case will result in an acquittal.”

From Mediaite:

Harvard University law professor Alan Dershowitz appeared on MSNBC’s Hardball where fill-in host Michel Smerconish asked him his opinions of the arrest warrant issued and carried out for alleged Trayvon Martin murderer, George Zimmerman. Dershowitz called the affidavit justifying Zimmerman’s arrest “not only thin, it’s irresponsible.” He went on to criticize the decision to charge Zimmerman for second degree murder by special prosecutor Angela Corey as being politically motivated.

“You’ve seen the affidavit of probable cause. What do you make of it,” Smerconish asked. “It won’t suffice,” Dershowitz replied without hesitation.

“Most affidavits of probable cause are very thin. This is so thin that it won’t make it past a judge on a second degree murder charge,” Dershowitz said. “There’s simply nothing in there that would justify second degree murder.”

Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. “It’s not only thin, it’s irresponsible,” said Dershowitz.

Dershowitz went on to strongly criticize Corey’s decision to move forward with the case against Zimmerman. “I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged. This case will not – if the evidence is no stronger than what appears in the probable cause affidavit – this case will result in an acquittal.”

Andrew C. McCarthy at NRO’s ‘The Corner’ also finds the affidavit is stunningly weak and wanting.

Read the Affidavit of Probable Cause HERE.

Much more regarding the weak affidavit from Powerline. The question remains, how can such a weak affidavit and the fact that there is little evidence that Zimmerman profiled Trayvon Martin, let alone no one knows, including the prosecutor who started the fight, how does this merit second degree murder? Is this an attempt by the prosecutor to overcharge in an effort to have Zimmerman cop to a lesser charge of manslaughter? However, as stated at Powerline. “But if the prosecutor isn’t even prepared to allege, let alone prove, that it was Zimmerman, not Martin, who started the fight, one wonders what chance she has of convicting Zimmerman of anything”. Agreed.


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