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The Affidavit on Zimmerman is weak...

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The probable cause affidavit which was issued and is the instrument though which a charge of 2nd degree murder is being made, is weak and there are some who say Special Prosecutor Angela Corey is acting in an unethical way...

The affidavit issued by Special Prosecutor Angela Corey contains punctuation errors and factual errors. Still that has not stopped her from moving ahead and charging George Zimmerman with 2nd degree murder in the shooting death of Traycon Martin.

Well known attorney Alan Dershowitz said in an interview that the charges of 2nd degree murder is irresponsible and unethical on the part of Corey. The affidavit he notes contains errors. While Dershowitz does not mention all the errors, one glaring one is that Corey jumps to a conclusion that Zimmerman "profiled" Martin. Use of such an emotionally and racially charged word in the affidavit really is irresponsible as Dershowitz states.

Another error is that Corey misrepresents the actual 911 conversation Zimmerman had with a dispatcher by stating the dispatcher told Zimmerman NOT to follow Martin. This is NOT true. The actual 911 call clearly shows the dispatcher merely stating that "You don't need to do that" (follow Martin) but at no time did she order Zimmerman to stop following Martin.

In fact the Sanford City Manager released a press statment that states:

"however, the telecommunications call taker asked Zimmerman “are you
following him”. Zimmerman replied, “yes”. The call taker stated “you don’t need to do that”. The call taker’s suggestion is not a lawful order that Mr. Zimmerman would be required to follow. Zimmerman’s statement was that he had lost sight of Trayvon and was returning to his truck to meet the police officer when he says he was attacked by Trayvon."

The prosecutor has misrepresented this conversation entirely.

Besides stating the Zimmerman "profiled" Martin without stating the evidence to back her statement up, she also states in the affidavit that Martin was unarmed and "not committing a crime." Again with no documentation to substantiate her statement in the affidavit.

She makes reference to several supposedly negative things Zimmerman said such as "these assholes always get away" and "these fucking punks". I've not heard the audio where he makes these statements, but the press previously reported Zimmerman hurled a racial slur and is heard saying "fucking coons" where the Special Prosecutor now says Zimmerman said "fucking punks" but a more recent analysis of the tape reveals he said "fucking cold". He did not say "fucking coons" or "fucking punks".

And finally, the Speical Prosecutor states in the affidavit that Martin's mother has identified the voice on the tape as that of her son who is calling for help, yet Zimmerman's father has also stated that it is his son's voice on the tape screaming for help.

And really, that's all the Special Prosecutor has for her charging of George Zimmerman with murder. She has conveniently left out the grass stains police observed on his clothing (they described Zimmermans back as being wet and grass stained which matches Zimmerman's story). She left out eyewitness accounts of Martin sitting on top of Zimmerman and beating him. And she left out information about Zimmerman's injuries which were treated by paramedics on the scene.

We might ask who is Angela Corey? She is the same prosecutor who many say over-charge offenses hoping to get a plea deal to the charge that should have been made in the first place. In Zimmerman's case that would have been manslaughter and not second degree murder where the prosecutor must prove beyond a reasonable doubt that Zimmerman had a "depraved mind" at the time of the shooting. Good luck with that!

Corey is the same prosecutor who sought to prosecute a 12 year old boy as an adult for the beating death of his 2 yr. old brother. Many say she has always been over the top.

In short, her affidavit stinks. Dershowitz is correct: Corey is irrepsonsible and unethical.

Written by Shade

Friday 13 April 2012 at 09:13 am

Posted in News & Editorials

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