Subj : Trayvon Martin
To   : LEE LOFASO
From : BOB KLAHN
Date : Tue Aug 06 2013 11:34:14


 ...

BK>>As to the outcome, the prosecution was so inept, so incompetent,
BK>>it appears the prosecutor didn't want to win that case. She felt
BK>>she had to take it to trial, but winning it might have been bad
BK>>for her politically. So she overcharged and conducted the worst
BK>>prosecution she could. Or so it appears.

 LL> It was a weak case to begin with.  Especially for second
 LL> degree murder.  Even for manslaughter was a stretch, given
 LL> Florida's stand

 No, it was actually a good case for manslaughter. Remember, you
 have no right to detain someone without good evidence of a
 serious crime. I don't know about Florida, but here you can't
 make a citizen's arrest for a misdemeanor. He couldn't even make
 that charge against Martin. Suspicion is not enough for the
 police to hold you, certainly not for a community watch
 volunteer.

 Then he chased Martin. Just following he might justify, but
 chasing is way out of line. That alone is enough to make the
 case that Zimmerman was responsible. It's negligent homicide.

 LL> your ground law.  On top of that, the jury was confused by
 LL> the instructions given when going into deliberations.

 One of the Jurors who did speak said some of them, at least,
 were convinced he was guilty, but the judges instructions forced
 them to vote not guilty. The judge's instructions were
 incompetent. Since Stand Your Ground was not at issue, he never
 should have instructed them that Zimmerman didn't have to
 retreat.

 LL> Rather than explain the instructions, the judge instructed
 LL> the jurors to read them again.  Why?  Because the judge did
 LL> not want to take the chance on the case being declared a
 LL> mistrial by not fully explaining the instructions.  Best to
 LL> let the jurors figure that out for themselves.

 That's the exact opposite of what would cause a mistrial. The
 jury cannot be expected to interpret legal instructions on their
 own. Which makes it look like the judge wanted a not guilty
 verdict. If they had convicted the defense would have had
 grounds for an appeal for that alone.





BK>>That case stinks of politics from the beginning. The shooter is

BK>>the son of a retired judge. The original detective wanted to
BK>>charge him with manslaughter. A cop on the scene called it
BK>>negligent manslaughter in his report. Yet it wasn't even



 LL> Although conspiracy theories abound, this case was no
 LL> conspiracy. A certain ineptness by the prosecutor, to be
 LL> sure.  But ineptness is not a conspiracy.  Nor is a weak
 LL> case.



 LL> either.  And it certainly does not mean it would have been
 LL> a slam dunk had the prosecutor only charged Zimmerman with
 LL> manslaughter.

BOB KLAHN bob.klahn@sev.org   http://home.toltbbs.com/bobklahn

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