John Hinderaker:
The prosecution rested today in the George Zimmerman trial. The defense moved for dismissal, but Judge Debra Nelson denied the motion, saying, “The state has presented enough direct and circumstantial evidence for the case to go to the jury.”
That is not a surprise, of course. But really: on what possible basis should this case be going to the jury? The basic standard here is that the prosecution must have presented evidence sufficient to allow a reasonable jury to convict Zimmerman, bearing in mind that it is the state’s duty to prove, beyond a reasonable doubt, that Zimmerman did not act in self-defense. Andrew Branca, who is covering the trial for Legal Insurrection, explains:
It’s a two step analysis–
(Step 1) Has State proved each and every element of the charge (or a lesser included charge) beyond a reasonable doubt? If no, acquit. If yes, proceed to step 2.
(Step 2) Has State DISPROVED one or more elements of self-defense? If no, acquit, if yes, guilty.
Note that self-defense fails if ANY SINGLE element of self-defense is disproved beyond a reasonable doubt–if, for example, prove beyond a reasonable doubt that GZ was the lethal-force aggressor, then no self-defense justification for George.
The jury has heard Zimmerman tell investigating police officers that Trayvon Martin jumped him, knocked him to the ground, pummeled his face and banged his head repeatedly into the pavement. Fearful of his life, Zimmerman says he pulled his gun from his waistband and fired one shot at Martin, which proved fatal. Zimmerman’s account is supported by Jonathan Good, the only eyewitness to any part of the altercation between the two men, who testified that he saw Martin on top of Zimmerman, punching him in the face. Zimmerman’s defense is also supported by his own condition after the altercation–he had a bruised face and a bloody nose, and the back of his head had several sharp horizontal cuts, which could only have been caused by his head being smashed against the pavement, just as Zimmerman said. Further, the testimony of the chief police investigator into the incident showed that the investigation’s findings were consistent with Zimmerman’s account.
So the evidence in favor of Zimmerman’s claim of self-defense is powerful. What has the state mustered on the other side?
holder safe retreat,
hey buddy stop bashing my head because I WANT TO RETREAT FROM HERE,
shit he doesn’t want to let go of me,
and the bashing continue, I’m getting tired I hurt, oops my gun is showing up, he has notice,,
okay I got my gun , that guy will shoot me as sure as hell exist, if I pass out, there it’s over,
@retire05, #203:
If you feel that way, please feel free not to respond at all. There’s no need for you to do so simply to be polite.
@Greg:
Well, Greggie, when you ask a question that is worth responding to, I will. Otherwise, I will treat you with the same politeness that I treat any other mentally handicapped person who has been trained to give canned responses to issues, i.e. Democrat low information voters. You included!
@Greg: #201, ok Greg, I violated my own rule and listened to a babbling Dimocrat pander to the race baiting crowd for 6 1/2 minutes.
What did he babble about? He started off pandering to the liberal racists by saying the Justice Dept has an investigation ongoing. The FBI has already made a conclusion on the race baiting.
Then he says ‘this tragedy provides an opportunity of honest open chances for communications. What the hell does that mean? Baloney and babble.
First he says that the fact that he is the 82 Attorney General serving an African American President proves times have changed, but this case, well, basically says we are still at square one. Babble.
He thinks Trayvon case is ‘iconic symbol’, babble. How is it any different than all the blacks getting killed every month in Chicago?
He implies he shouldn’t have been stopped while running to a movie in Georgetown because he should have been profiled to be a Federal Prosecutor at the time, but, how does he know that a black person had not been reported as robbing someone in the area? Babble.
Repeated references to Father/son talks. That is no different than what all father/sons should have, regardless of race. Why does he think it is a ‘racial thing’? Babble.
Still think he’s so brilliant? Wow….
@Richard Wheeler: RW, of course we don’t know, but what makes you presume BHO is intelligent? I’ve not seen much evidence of anything other than a con man mentality. That requires a lot of imitation and acting. Acting is a ‘talent’, not a mentality.
There is no public record of any school work or test scores existing that shows anything at all about BHO’s mental ability.
THE GOVERNMENT WANT TO CHANGE THE SYSTEM,BECAUSE OF A WHITE FOUND NOT GUILTY,
IS THAT FAIR, IS THAT JUSTICE,?????????????????
@Hankster58:#205, Hank, you said it very well in a very few words. That’s what I was saying in my response to Greg.
@Redteam:
Well, we finally agree on something. I think it’s safe to say, for the good of the county, that they are certainly not in your league “with IQ”. In fact, I’m pretty sure your league maxes out at being able to spell IQ.
TOM
you said, for the good of the COUNTRY, YES AND LOOK WHERE THIS COUNTRY IS GOING,
Redteam would do a lot better, and all the CONSERVATIVES WHICH YOU LIKE TO INSULT,
AS FOR YOU NO WAY,
@ilovebeeswarzone:
I don’t know where you come from, buzzzy little bee, but there are still some people in this country who take offense when the President of the United States is personally insulted.
@Tom: Tom, are you personally insulting the Pres? I’ve seen no one else insult him. I will say I’ve given speeches before and have never used a teleprompter. He doesn’t seem to be able to give a speech without one. You remember the Kindergarten one, don’t you?
@Tom: Ha ha, yep, keep believing that.
@Redteam: Couple of things. You’re gonna get responses like that when you righteously claim to have an I.Q. higher than the POTUS —-unless you’re referring to my frat brother drunkin Deke “W’
To suggest that no posters here are insulting Obama—-you’re kidding I hope.
Believe BHO gives a pretty good speech with or without the teleprompter. His speeches are fine. My problem is with results .Once again Wash. is in grid-lock. as is the M.E.—I give him an F for Afghanistan.
@Richard Wheeler:
RW, first I didn’t righteously ‘claim’ to have an IQ higher than Potus. I don’t know what his is, but I did say that I believe, from what I’ve seen of him, that I have no doubt of where I’d stand.
I’ve seen no one ‘insulting’ the potus. When what you say is true, it shouldn’t be insulting. If it is,, then his actions should be changed so that what he does is not insulting to him. It’s his actions, not others.
You’re kidding about the ‘TOTUS’, right? You see what happened in Berlin when his teleprompter got unreadable due to the sun glare? Hilarious, but very embarrassing to him.
F for Afghanistan? What action would you give him a higher grade for? Obamacare?
@Redteam: I personally got no problem with Obamacare, a promise carried through. I think Obama gets a B- in overall performance to date. I’d like to see a comprehensive agreement on immigration get through Congress.–hell I’d like to see about anything get through—14% approval rating about right–BHO at around 47-48%
I’ll tell you who’s doing well—-stockholders and purchasers of R.E. in last 2 years—primarily Repubs.
You following British Open—got a favorite in Baseball—only 5 weeks till College Football. No politics
Semper Fi
@Richard Wheeler: Watching part of Open, don’t really care who wins or loses. Baseball? BoSox College Football LSU, and yes I can spell it.
Obamacare, one major fiasco after another. Why do you want to legalize a bunch of criminals? Congress needs to rescend many of the things they’re doing, and pass a law that Executive Orders can only be used to implement laws passed by Congress. That’s what they were intended for. O’s overall grade, F–
@Redteam: The Bengal Tigers of Billy Cannon lore—never miss em against The Gators—Been a Domer all my life– Like Angel Cabrerra in Open—-look for big 2nd half from LA Dodgers with Kershaw winning Cy Young.
Look for 2014 as wide open. Think Dems hold Senate-minus one and actually pick up 5-10 in House. You still like R.P in 2016–seems current front runner.Dems will be new blood decided in long primary struggle– not HRC OR JOE.
@Richard Wheeler: R.P. as in Rick Perry? Haven’t been a fan of his, need a Tea Partier, don’t know who might emerge. Needs to be an American though.
What do you think was behind the Racist speech O just gave? Seems as if he should be trying to unite the country instead of continuing to play the Racist. What is a ‘Domer’? Which Dome?
@Redteam: Golden Domers of Notre Dame—Rand Paul as in Tea Partier is the favorite—personally doubt he can win.
Didn’t see the speech but amused and disturbed by those few from the far right that call him a racist—stones/glass houses?
Richard Wheeler
on 38 it’s his grandma or grandpa who is black
I’M READING HERE TODAY, AND I thank GOD FOR THAT MAN ‘S FREEDOM,
YES HE WAS INNOCENT, AND SPEND TIME IN PRISON UNJUSTLY,
BEFORE HE WAS PROVEN INNOCENT.