First I'd like to take a moment to acknowledge the fact that I went off with an emotional opinion based on only a very limited understanding of the facts surrounding the case in an earlier post. Sometimes it's good to be a semi-anonymous poster on the internet where people won't remember what you've said in a few minutes anyway. This was one of those moments for me.
I'd like to answer this even though it was addressed to Randfan since RandFan's approach here seems similar to mine. RandFan didn't say that the preponderance of evidence standard had any significance to the case beyond using that as a way of giving an estimate as to what his rough judgment of the probable situation was with regard to the guilt of Zimmerman. That's the kind of thinking that I apply in a situation where the available facts don't allow for a strong conclusion. I think he's just saying to himself, "OK, based on what we know now, what do I think probably happened". And this seems like a pretty reasonable process for making a guess about a lot of real world events where the evidence just isn't available to make a strong conclusion, to me.
And a comment on this thread:
My assumption was that it was unlikely that significant evidence would be available that would allow the truth to be sorted in this case. I've changed my mind a bit after following this thread. It seems like there might be quite a bit of evidence available eventually that will allow at least improved guessing as to what went on. But until that evidence is analyzed and released it doesn't seem like there is much basis to improve the quality of the guessing as to what went on, so I'm a little surprised this thread hasn't died down a bit at least until there are some more official releases about the evidence in this case.