Emptywheel: Zimmerman affidavit is shit.

[ken_phd]

42. Dissent

Daalalou:

Since you obviously spent a good deal of time offering your opinions on the Angela Corey affidavit, I felt it incumbent to do the same. Let's be clear about one point: the affidavit in Zimmerman's case is used not just for the probable cause of the arrest but also the justification for ther specific charge. While I cannot dispute the validity of many of your comments that affect the arrest of Zimmerman, I believe most of your comments relating to the 2nd degree murder charge are irrelevant.

Let's review your scenario. Martin may have been walking normally, minding his business, trying to hide from a suspicious stranger and might have acted in a manner any teenager would. No argument all all from me. It is all completely irrelevant to probable cause to charge Zimmerman with 2nd degree murder.


#2, #3,#4,#5, #6

Completely irrelevant for probable cause to charge Zimmerman with 2nd degree murder.

#7. The place where the shooting took place was in a back yard.
Unfortunatly, no details of how or when Martin and Zimmerman arrived at that location.

Completely irrelevant for probable cause to charge Zimmerman with 2nd degree murder.

#8. Zimmerman changed his route to follow Martin

Completely irrelevant for probable cause to charge Zimmerman with 2nd degree murder.

#9. Zimmerman had a past history of violence while Martin had none. This ignores past service of Zimmerman in community service. In any case...

Completely irrelevant for probable cause to charge Zimmerman with 2nd degree murder.

#10 Physical condition of Martin and Zimmerman almost equal.

Completely irrelevant for probable cause to charge Zimmerman with 2nd degree murder.

#11. "There's enough evidence from witnesses that there was a scuffle between the two, so wetness on his back can be explained by that. That doesn't mean Martin attacked him."

Correct. It also doesn't mean that Zimmerman attacked Martin.

No probable cause to charge Zimmerman with 2nd degree murder.

#12 But his injuries, whatever they were, were never serious and certainly weren't consistent with his head being banged on the sidewalk.

That is strictly conjecture on your part since both the police report and the SFD reports that Zimmerman's injuries were treated. Shocks to the head can cause induce serious injury whether they result in lacerations to the scalp or not. Patients with head injuries can exhibit normal behavior before showing signs of distress. The fact that no mention was made of these injuries by the special prosecutor which were recorded and physically observable was reprehensible. They, more than anything else, support the account of self defense. Your attempt to gloss over this evidence is disturbing.

#13 Voice will confirm it was Martin crying for help.

Unless the cell phone was using some unheard of future technology, data maps of the voices will be filled with noise and distortion. That's why the experts use probability to define their results. Martin's mother would not be a credible witness any more than Zimmerman's father would be. To put Martin's mother opinion in the affidavit and ignore the father's testimony (along with an eye witness) was again reprehensible on the part of Angela Corey. I might note here that Zimmerman was armed and had no apparent need to cry for help unless he was getting injured.

#14. "And you don't think stress would have the same effect on Martin?" Yes, however....

No probable cause to charge Zimmerman with 2nd degree murder.

#15. "Several witnesses contradict this one."

No mention was made in the affidavit of any witnesses. Again, reprehensible. You seem unaware of the statement of the witness supporting Zimmerman's account but are sure that other witnesses contradict it. Are you clairvoyant?

#16. You question the truthfulness of Zimmerman's father.
Once again...

No probable cause to charge Zimmerman with 2nd degree murder.

#17. Zimmerman wasn't law enforcement. That's the problem.

Profiling is not a legal term. It is an inflammatory term used when trying to undermine factual descriptions.

No probable cause to charge Zimmerman with 2nd degree murder.

There is a further item which you did not address. Under Florida law, for a 2nd degree murder charge the state must show that the defendant had a "depraved mind".

George Zimmerman called police twice to inform them of a suspicious person in the neighborhood. Evidence shows this was his SOP for many previous watches. If people can be shown to have a depraved mind after calling the police twice for assistance, then we are all in trouble.

You are beating a dead horse attempting to justify the 2nd degree murder charge based on the incompetent affidavit submitted by Angela Corey.