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Could Zimmerman never face a jury?

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    Florida law could allow judge to dismiss case

  • Duration 5:39
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Already a high profile and somewhat controversial case trading on -- shooting suspect George Zimmermann is jailed without bail.

Held on second degree murder charges just filed.

Legal experts predicting it's going to be a difficult case to prove.

Our legal panel today Florida's attorney and former prosecutor mark -- large and judge Alex for -- host of judge Alex.

A former Florida circuit court judge.

Guys welcome thanks for coming in.

-- -- I'm gonna throw myself in there as a former law professor because I think that this is a very interesting case and judge Alex I'm starting with you.

Because folks up there I think we'll find it fascinating that under Florida stand your ground law.

This case may never make it to the jury.

Because -- -- are the Trier of stacked.

And the judges the Trier of issues of law and this one has a peculiar one this judge could hear in pretrial.

The charges and -- -- George -- home can you explain that substance.

Yeah that's actually true Jamie though the law's provision that allows a judge to make a determination on whether it applies -- initially.

The defendant actually gets two bites at the apple the the defendant gets to present the argument understand your ground law to the judge.

If the judge grants the motion to dismiss the case is over.

If the judge denies the motion to dismiss the defendant still gets to raise -- in trial in front of the jury in situations like cases like this.

Where the victim of course is dead and there are no witnesses and saw the altercation.

It becomes very easy for defendants to.

Basically created defense of self defense -- stand your ground law because under that law they have no duty to retreat before using deadly force which they used to have.

Under Florida law before that it sounded good and confident in principle it's on the good then.

You don't innocent people should not have to back down from criminals and -- laudable.

But in practicality.

It's used over and over again by criminals who killer -- victim there are no witnesses they claim stand -- ground.

It's a favorite.

For gang members actually are -- you have to same mark is.

You know I I didn't retreat because I was under attack keep it it's similar to self defense in that sense but you get to argue it.

To the judge how successful do you think that will be.

-- -- there's only two things and I'm certain of as I sit here today number one.

It's not going to work because of the political climate because the facts are murky and number two Jamie you look spectacular but back to.

Number one.

Number one listen trade -- could say what he needs to say.

I'm a strike that Zimmerman can say that he turned towards his truck and as -- -- leaving even after he was the aggressor.

He -- allege that the trade -- was the one who attacked him.

And yet to see the days of the only person -- -- I think -- 10776.

Point 013 which is the stand your ground -- anyone wants to look at out.

You can be the aggressor and you can still say that I didn't -- -- retreat.

That's correct now the only difference is then you have to use every reasonable means to escape the harm but in his -- allegedly he's going to argue that -- not attacked him punch them in the face then took them to the ground and then as he's banging his head to the ground.

Obviously is government cannot retreat from the harm and does he appears imminent death -- great bodily harm insure it's up and you only have to hat a reasonable belief.

Let me just -- I don't think the -- is gonna granted but I think the appellate level the prosecutors may have some -- and they do have the right to -- you bring up the political climate is a really tough one for judge we have a judge Harris thirty said she may have a conflict she may not stay on the case judge Alex but.

No judge a year -- -- their term.

Wants to be faced with a decision like this because of the implications that's what mark meant by the political implications but I got it question for -- Why can't trade bonds attorney the prosecutor argue.

Under stand your ground where he's.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Mark go ahead do I have -- I have to -- under a minute.

You're making a great point -- so spectacular and so interesting about this case is I believe that both of them.

Could have been standing their ground under the right set of facts.

Trade bond would have been justified in reacting to Zimmerman aggression and then Zimmerman could argue that he was standing his ground when he started to -- and then trade bond became the aggressor.

That's unprecedented.

That what do you think the judge you'll do mark.

Again I just don't think that this judge sixteen months and or any judge wants to take this away from the hands of the jury I think because of the political climate.

The death threats out there I think that the judge will probably let it go to the jury and then maybe a deal worked be worked out or like to go to trial.

Yeah April 20 is the date for the next hearing it's a case we're gonna hear a lot about -- the stand your ground law.

We'll have to see whether or not it continues I haven't been able to find a single judge.

That is actually.

Made that call.

It's a topsy thanks so much judge Alex mark I -- always privileged to have both of you great panel to thank you Danny thanks for having -- --

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