Will Zimmerman testify at preliminary hearing?
Rebecca Nitkin and Meg Strickler pick apart the facts
- Duration 5:54
- Date Apr 13, 2012
Rebecca Nitkin and Meg Strickler pick apart the facts
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Think you know so have what what do you make of the charges so far against George -- are they justified.
-- -- -- -- -- -- -- I'm really uphill battle with Angela Corey being the special prosecutor who -- these charges yet she's gonna feel that she she charged correctly I think with the second degree murder.
The problem with that charge however.
Is that you have to (%expletive) hit it -- lines deprived mind that's where the words that are used in the statute.
And then there's a stand -- ground ball which creates an immunity so we -- a lot to go through the next exposed to here that's gonna happen long before this file actually happens.
That's gonna make it very interesting -- debate about everything.
About self defense and they stayed around long and I wonder -- second.
Well -- and that is really the question isn't it the standard that was a stand your ground law which.
Maybe you can explain exactly what it says in terms of a person's right to defend himself if they even just feel threatened even if they haven't been.
-- -- for me I'm sorry yes yeah I -- time.
Well first of -- they have.
To be legally in the place and then a reasonable person has to believe that they -- -- it.
And at that point in time they get to stand their ground and they can use the force if they feel is necessary.
Now -- that is so much information and from everybody.
And it's extremely confusing and I must say that I was a bit surprised that and -- it did come out wins a second degree murder.
I think a lot of people are expecting to hear that it was man spotter.
Which does not -- ice half the -- have to come up way.
This -- will and this this mindset that they have to go into.
He did -- its mind to find that he wanted to.
Have a depraved heart.
Because we were hearing that you know he was piling -- we were told that the police officers say stop following and it we all -- -- continue to follow but would be to attorney said in their 46 minute speech.
Which is also quite -- no ball.
That he turns he went back to his car trade on bargain father began and he was attacked at the car well that -- -- regaining happen.
And we now know that -- Angela Corey who did a much further investigation and believes that that did not happen.
Because for second degree murder.
He had to be legally in the position that he was nanny he couldn't be the first -- So that's why he's not gonna be able to win in her opinion and this isn't right to be there and he could not be the first of grass are.
And he did not have a right to use -- for -- -- and how that -- other gonna go about doing this if they're gonna have a preliminary hearing.
Which is going to be a very very big hearing.
And he's gonna -- -- probably take the stand and testify.
Or you saw the statements.
That he -- made because he's done an awful lot of talking.
So we're not quite sure he's gonna take this stand this -- right mag.
And probably will miss this hearing that we're having costing -- down motion -- goes before the judge is gonna happen after.
Arraignment after discovery after discovery period is done so both sides -- Acts look discovery and the good news is leading to with the sunshine state will get see everything that's in as evidence.
Then there's going to be a motion filed by the defense called stand your ground motion.
Let me mention it's gonna ask the judge say listen I want you to hear the entire case based Palestinian mini trial.
Right it -- and it will probably have to get on the stand because he's gonna have to testify as to his view.
He was like you're paying -- he's very you know and he knocked me on this and it's -- how to use deadly force because I was in fear.
My life that I argument right and it well probably hooligans you know it's also very murky but you -- there -- witnesses out there saying that what -- -- Is straight unmarked and on top of George Zimmermann.
Attacking him pummeling him and Jordan Zimmermann yelling help.
I well I think that would if that -- battle turns out to be true that would certainly seem to support George Zimmermann.
The son -- -- bad.
That just doesn't make good on her second degree murder charge and don't forget the burden is extremely well it's only preponderance and the evidence which is more likely than not.
Which is that he.
That's very low bird and remembering a criminal attract the under reasonable doubt now -- -- losing his dance.
And that preliminary -- and does good to a normal trial and then the birdie and for the affirmative defense of self defense it does switch to -- I -- reasonable.
Out for the prosecution.
So -- in this -- at one lawyer had said recently that did this underground thing kind of works both ways were applying it to George Zimmerman actions.
But that you could apply it to trade on Martin's actions which is that he felt.
Threatened by the fact that he was being followed by this guy and he had no idea why they finally had enough.
And who knows what was going through his head but in his fear he decided to strike.
And again and it's a speculation at this point but this.
If if if you're allowed to do that under the stand your ground law -- change the whole dynamic with -- This particular cases we don't have -- -- the test right normally that you have these cases this happens all the time bar fights disorderly conduct want to.
There -- fights both sides in the first side most of the courthouse gets the person to be the aggressor -- and -- was the victim right right.
But ultimately as Begin to court it's called affirmative defenses insert in a state where his Florida that they -- dismissed but I want to point about this case though -- we have.