Some things the defense indicates Angela Corey (prosecutor) has done:
Suppress forensic investigator’s report.
Suppress exculpatory witness sketches.
Scramble files before producing them, making them unintelligible.
Fail to produce Trayvon’s cell phone.
Fail to identify forensic witness.
Entirely fail to respond to several discovery requests.
This is starting to sound like Duke Lacross part 2.
District Attorney Mike Nifong was disbarred Saturday for his “selfish” rape prosecution of three Duke University lacrosse players — a politically motivated act, his judges said, that he inexplicably allowed to fester for months after it was clear the defendants were innocent.
Angela Corey is no fool, neither is Bernie De La Rionda, this pleading notwithstanding. I wonder if it has something to do with the fact that Corey is the Duval County State Attorney and the proceedings are in Orange County. Whatever it is, it needs to be fixed. A clean, fair trial is a necessity.
Is the prosecution allowed to submit any evidence that was not properly shared in a timely fashion with the defense? What are the normal consequences when one side does not provide requested files, etc. that may not be prosecution’s evidence but could have been used by the defense?
At what point can the defense just ask for a dismissal based on lack of general cooperation of the prosecution?
I am sure Florida doesn’t want another Casey Anthony trial circus/debacle. Gosh, I hope George gets a chance at justice. If he gets off, good for him, could be bad for the rest of us.
I’m in Orange county. This is all in seminole county. They are adjacent, but to the north.
I was a paralegal prior to becoming an LEO. I worked for an attorney in orange that was friends with mark. Mark is the right man for the job.
As far as Ms. Corey, the rumor from some brothers in seminole and a few attorneys is that she received a mandate to charge Zimmermann no matter what. It is painfully obvious that she has not established probable cause that Zimmermann was not acting in self defense…which is the statutory requirement for arresting somebody in any stand your ground case in FL. The burden of proof is on the state to prove that the defendant DID NOT act in self defense, not the defendants job to prove that he or she did so.
The duke case reference is ironic. That’s what most attorneys I’ve talked to have been calling it.
Zimmermann is also going to sue Corey for violation of state law for his arrest after it’s all over since he never should have been arrested or even charged. I called one of my old pre law professors and they say she won’t be protected by sovereign immunity since it’s impossible to “act in good faith” when your behavior is in direct convention to state statute.
And, yes, my agency is the one that fucked up the Casey Anthony thing. Ironically, i live about 600 yards from their residence, as the crow flies. I had no involvement in the case, thank GAWD.
The failure to comply with discovery requests is a penalty that is determined by rules of procedure and enforced by the judge. It’s whatever the judge says it is.
To get the case dismissed, there would have to be activity that completely compromised the states ability to prosecute the case, or that tainted the defenses ability to move forward. That’s not going to be adjudicated in this case, even if the requirements were met. It’s too high profile. Despite the fact that it should be summarily dismissed, it will see a jury because the powers that be want it to see a jury.
“776.032 Immunity from criminal prosecution and civil action for justifiable use of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) [i]A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. /i [i]The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection /i.”
Even if Zimmerman began as the primary aggressor, all evidence revealed so far indicates that he was on his back, at an extreme disadvantage, during a felony battery (getting his head bashed into the sidewalk and his nose broken). It is going to be impossible for the state to articulate how this was a “defensive posture” on Trayvon’s part. See this statute that applies even IF Zimmy WERE the primary initial aggressor:
“776.041 Use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who:
(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:
(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.”
Here is the “preceding section” referenced in the above section:
“776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.”
Don’t take my word for it…read the law for yourselves.
HOW? Because the so called “victim” was a “MONORITY YOOT”, thats how its possible. All his mama had to holler was “My baby din do nuffin” and the press was all over it.
Where did the mandate originate? Your Attorney General? If so, it’s time to let the FL Republican pary know that you will not be supporting her in her future political endeavors.
The rumor of the mandate carries implications on a grand scale. The people (well connected attorneys who will remain nameless) believe that the mandate (verbal or otherwise), came from the federal level. I have no personal knowledge of the mandate.
Just by charging Zimmy, Corey cemented her own political fate. I don’t see how she can run an effective campaign at this point…charging a person without PC. Even Derkowitz at Harvard Law School stated Zimmerman’s charging affidavit was “a joke”. He stated that it did not contain any elements of the crime alleged (much less all of them).
My family has had dealings with Duval County DA(maybe Ms Corey, will have to check).
My feelings is she is more concerned with keeping her job, and if screwing some guy over is required, then she will do it.
