Trayvon Martin, Vigilante Justice

[LTC8K6]

Now I really want one...

 

[Rare Truth]

On a purely trivial note, Both Zimmerman's passports claim he's 5'10".

Passport Documents and applications

 

[GWCarver]

Just a bit of what I am talking about in NC with a GJ.

"Frequently the only witness called will be the law enforcement officer who investigated the case."

If the rules are the same in Florida, that would be why Corey cancelled the Grand Jury. Serino has been quoted on his opinion of the case, saying there was no reliable evidence that showed Z didn't act in self-defense.

 

[Rare Truth]

"Frequently the only witness called will be the law enforcement officer who investigated the case."

If the rules are the same in Florida, that would be why Corey cancelled the Grand Jury. Serino has been quoted on his opinion of the case, saying there was no reliable evidence that showed Z didn't act in self-defense.

That must be why he made a Capias request.

 

[Cylinder]

Despite allegations of due process being subverted, no one seems to be able to actually cite any laws broken or ethics codes violated, or explain why anyone in a position of authority or oversight would allow Corey to run roughshod over constitutional rights.

As far as the claim that the APC is unethical, that's black-and-white. Florida has adopted ABA Standards for professional conduct:

Standard 3-3.6 Quality and Scope of Evidence Before Grand Jury

(b) No prosecutor should knowingly fail to disclose to the grand jury evidence which tends to negate guilt or mitigate the offense.

Standard 3-3.7 Quality and Scope of Evidence for Information

Where the prosecutor is empowered to charge by information, the prosecutor's decisions should be governed by the principles embodied in Standards 3-3.6 and 3-3.9, where applicable.

 

[Rare Truth]

<cough>
Excerpt

"The bromide that "a grand jury would indict a ham sandwich if the prosecutor asked it to" reflects a generally accurate belief that the prosecutor exerts primary control over the flow of information before the grand jury.

Notwithstanding this almost universal recognition that a prosecutor wields great power before the grand jury, it would probably surprise most lay persons to learn that in the federal system a prosecutor has no enforceable duty to present before the grand jury evidence which exonerates the target of the investigation.

The debate over a prosecutor's grand jury disclosure obligations, apparently laid to rest for the federal courts by the Supreme Court's 1992 decision in United States v. Williams, 1 has now been transferred to state courts and bar disciplinary authorities."

https://litigation-essentials.lexis...cid=3B15&key=a2115db7ecd0cebfc76ccc6c1d8ba834

 

[GWCarver]

That must be why he made a Capias request.

Perhaps you would like to explain why Corey didn't use that particular Capias? Could it be because it didn't accuse Z of committing a crime?

I wouldn't write up a silly capias like that if I had Serino's job. I would only do it if someone ordered me to do it. I think we'll find out eventually that is what happened.

 

[Rare Truth]

Perhaps you would like to explain why Corey didn't use that particular Capias? Could it be because it didn't accuse Z of committing a crime?

I wouldn't write up a silly capias like that if I had Serino's job. I would only do it if someone ordered me to do it. I think we'll find out eventually that is what happened.

You understand a capias is basically an arrest warrant, right?

The crime listed: "Based upon the facts and circumstances outlined in this narrative, I believe there exists probable cause for issuance of a capias charging George Michael Zimmerman with Manslaughter, in violation of Ch. 783.07 FS."

Corey filed her own Capias, based on her investigation of the case. She found Probable Cause, after her investigation, to file Murder 2 charges.

These posts will look very amusing after more information is revealed.

I look forward to the next document dump.

Oh, youbetcha.

 

[Cylinder]

]it would probably surprise most lay persons to learn that in the federal system a prosecutor has no enforceable duty to present before the grand jury evidence which exonerates the target of the investigation

1. Quote tag is (or should be) your freind.

2. "[E]nforforcable duty" and "ethical duty" are different claims. Always look for weasal words.

3. In the information, Corey probably does not have an enforcable responsibility to include exculpatory evidence but does have a responsibility under canon.

4. In the APC, the state is required to present all material evidence - not just inculpatory evidence to the exclusion of equally-weighted exculpatory evidence. See Franks v Delaware which establishes the remedy for material misstaments in affidavits of probable cause.

 

[GWCarver]

As far as the claim that the APC is unethical, that's black-and-white. Florida has adopted ABA Standards for professional conduct:

3.3-6 and 3.3-7 are supposed to be followed if the charge is made by Indictment or Information, as well.

Clearly prosecutors don't actually follow these rules, so we are missing something here. I'll ask Jeralyn about it if the opportunity arises. She probably won't answer if I just pop it in somewhere - she's a stickler for staying on-topic. So it may take a while.

It seems the more I understand how the legal system works, the more apparent it becomes that is simply a conviction machine. Innocent people caught up in it don't seem to have much of a chance.

 

[Cylinder]

Via Legal Insurrection, the Florida Times Union releases Corey's letter to the boss of Ron Littlepage, the opinion writer who had the temerity to question Corey's decision to try a 12-year-old for murder in an adult court.

It is truly appalling that you would allow the opinion writer to enlist your publication to further expose his lack of knowledge and objectivity about the workings of the criminal justice system. In this case, as in numerous prior instances, he has shown his usual bias and rendered a wholly uninformed opinion. However, this time he has crossed the journalistic line and in the minds of many, he has committed libel. How sad that you and editorial staff were completely complicit with these actions. It is one thing to criticize a public official…some even believe it is expected. It is nothing short of libelous to call me or any lawyer in my office “unethical” when we are doing our jobs within the bounds of the law on an extremely complicated case. It grants no pardon that you were repeating what ”those in the legal community” told you. In fact, those lawyers are bound by rules of ethics which strictly prohibit them from saying that very thing. Having their friend publish it for them does not absolve them of their ethical obligations; it merely makes them cowards who have violated the Professional Code of Ethics….

Fernadez, a 12-year-old accused of pushing his brother resulting in death, faces mandatory life without parole in Florida's adult court system.

 

[GWCarver]

You understand a capias is basically an arrest warrant, right?

The crime listed: "Based upon the facts and circumstances outlined in this narrative, I believe there exists probable cause for issuance of a capias charging George Michael Zimmerman with Manslaughter, in violation of Ch. 783.07 FS."

Corey filed her own Capias, based on her investigation of the case. She found Probable Cause, after her investigation, to file Murder 2 charges.

These posts will look very amusing after more information is revealed.

I look forward to the next document dump.

Oh, youbetcha.

Actually it is a request for an arrest until it is signed. The way it works in this case is the State Attorney would read the text of the Capias to see if indeed the crime charged is the crime described. However, there was no description of a crime in this Capias.

I, too, look forward to the next document dump. Don't be surprised if there is nothing there to hang your hat on.

 

[crimresearch]

1. Quote tag is (or should be) your freind.

2. "[E]nforforcable duty" and "ethical duty" are different claims. Always look for weasal words.

3. In the information, Corey probably does not have an enforcable responsibility to include exculpatory evidence but does have a responsibility under canon.

4. In the APC, the state is required to present all material evidence - not just inculpatory evidence to the exclusion of equally-weighted exculpatory evidence. See Franks v Delaware which establishes the remedy for material misstaments in affidavits of probable cause.

That case was about affadavits for a search warrant.

And it does not use 'material mistatements' as its basis, it requires prosecutorial misconduct of a malicious or extremely negligent kind.

It doesn't open the sort of semantic loopholes you seem to think it does.

 

[Cylinder]

That case was about affadavits for a search warrant.

Arrest warrants are seizures.

 

[crimresearch]

Arrest warrants are seizures.

Arrests are seizures. Arrest *warrants* are pieces of paper.

The case you cited was for a search warrant.

And none of that has anything to do with the fact that material mistatements alone aren't always enough.

 

[Rare Truth]

1. Quote tag is (or should be) your freind.

2. "[E]nforforcable duty" and "ethical duty" are different claims. Always look for weasal words.

3. In the information, Corey probably does not have an enforcable responsibility to include exculpatory evidence but does have a responsibility under canon.

4. In the APC, the state is required to present all material evidence - not just inculpatory evidence to the exclusion of equally-weighted exculpatory evidence. See Franks v Delaware which establishes the remedy for material misstaments in affidavits of probable cause.

Talk about weasel words...

 

[Cylinder]

The case you cited was for a search warrant.

Franks Hearing: Invalid Arrest

In Franks vs. Delaware (438 U.S. 154 1978), Jerome Franks attempted to challenge the supporting information behind the warrant for his arrest. His conviction was upheld by the Delaware Supreme Court before it reached the United States Supreme Court.

At the time, Delaware had no statutes, procedures or means for challenging the veracity of an arrest warrant. At trial, the court supported the state’s objection against Franks’ ability to call witnesses and offer to prove that the testimony supporting the warrant was false.

...

The United States Supreme Court ruled that the trial court was in error for denying Franks the ability to prove that the warrant’s supporting testimony was inaccurate. The court also ruled that a defendant must show why he or she believes such testimony to be false while offering proof of that belief.

If the defendant proves that the supporting testimony was made recklessly, knowingly and intentionally, the warrant is voided. All evidence seized in relation to the warrant is no longer admissible as evidence.

 

[This is The End]

OK. When I say I think each step Corey has taken is legal, it isn't just my opinion. I don't know the law. I arrived at that conclusion by going through Jeralyn Merritt's site "TalkLeft", and found it all there.

<snip>

Also, I hope Dershowitz continues to blast Corey, whether he is right or not.

I brought this up earlier:

I'm not saying that Jeralyn Merritt is specifically biased, but wouldn't a defense attorney have a tendency to be more, you know, defense attorney minded?

Isn't Dershowith (or was at some point) also a Defense Attorney?

 

[Rare Truth]

United States v. Williams
Brief Fact Summary. After being indicted for false representation, John Williams (respondent) filed a Motion for Disclosure of all exculpatory portions of the grand jury transcripts. Upon finding that the prosecution did not present this exculpatory evidence to the grand jury, respondent requested that his indictment be dismissed.

Synopsis of Rule of Law. There is no general rule requiring prosecutors to present exculpatory evidence.

Facts. Williams was accused of misrepresentation of his character, which was allegedly effected through two financial statements. The prosecutor did not present, however, evidence which showed that Williams was always candid with his financial information. After he was indicted, Williams sought to have that indictment overturned because the grand jury was not presented with all the information by the prosecutor. The District Court overturned the indictment and appeals ensued.

Issue. Whether a district court may dismiss an otherwise valid indictment because the Government failed to disclose to the grand jury exculpatory evidence.

http://www.casebriefs.com/blog/law/...einreb/indictment/united-states-v-williams-2/

 

[This is The End]

...has a history of reckless violent behaviour

Ya, he pushed an undercover cop years ago, and had a legal spat with an ex-girlfriend. If that's not a history of reckless violent behavior, I don't know what is .

What about Z getting fired from the illegal bouncer job for anger problems? Did I miss when that was debunked?

What about all the racist hate Z posted online? Did I also miss when that was debunked?

I'm not saying any of this amounts to a hill of beans as far as the case goes. I'm just pointing out that you missed a few things in your summary.