George Zimmerman is in police custody

[TLSnell1981]

We shall see.

GZ is charged with 2nd degree murder. It's going to be very hard to convict...IMHO There might not be a need to put on a defense. At this point, who really knows?

 

[chobie]

GZ is charged with 2nd degree murder. It's going to be very hard to convict...IMHO There might not be a need to put on a defense. At this point, who really knows?

Yes, but with manslaughter as a lesser included charge, the defense is not going to want to take the chance IMHO.

 

[TLSnell1981]

Yes, but with manslaughter as a lesser included charge, the defense is not going to want to take the chance IMHO.

I didn't know, manslaughter was included.

 

[chobie]

I didn't know, manslaughter was included.

If it's not, I'm sure someone here will be quick to disprove me.

 

[djm99]

To my understand either the side can request at any time (during trial too) that the judge allow the jury to consider the lessor charge.


Florida Rules of Criminal Procedure






3.510. Determination of Attempts and Lesser Included Offenses

On an indictment or information on which the defendant is to be tried for any offense the jury may convict the defendant of:

(a) an attempt to commit the offense if such attempt is an offense and is supported by the evidence. The judge shall not instruct the jury if there is no evidence to support the attempt and the only evidence proves a completed offense; or

(b) any offense that as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence.

Committee Notes

1968 Adoption. Same as section 919.16, Florida Statutes. The standing committee on Florida court rules raised the question as to whether this rule is procedural or substantive and directed the subcommittee to call this fact to the attention of the supreme court.

1972 Amendment. Same as prior rule except that references to affidavit have been deleted.

 

[sunshinehighway]

This is a supposition that might make sense:

Martin goes between buildings and turns right.
Zimmerman goes between buildings farther down and turns left to go back to his truck:


Please excuse the artwork. :goodvibes[/QUOTE]

They didn't go between the building though. I think there was a picture of Zimmerman's route somewhere on this thread. Its supposed to be straight to the end of the sidewalk that intersects the path. That's where he ended is call. The fight happens on the path. He claims he was walking back to his car. That would put him further down the path at some point. If he wasn't looking for or following Martin, he wouldn't be on that path at all.

 

[Wadecool]

Do you think Zimmerman is going to testify at trial?

He may not need to if the defense team has enough other evidence.

 

[Wadecool]

If he wishes to claim self defense, he will have to testify. Without his testimony, we only have a dead teen at Zimmerman's hands. He would go to prison for a very long time.

It really comes down to whether or not the jury believes him, IMO.

GZ doesn't have to testify to assert an affirmative defense. The defense team has a burden of production in order for the judge to allow the affirmative defense at trial. At trial, it will be up to the prosecution to 1) disprove the affirmative defense, and 2) prove beyond a reasonable doubt that GZ is guilty of Murder 2, manslaughter, etc.

 

[sunshinehighway]

Here's a link to the crime scene photos. Martin's body is blacked out. I posted it on the other thread too.

http://www.wesh.com/r-slideshow/31079394/detail.html