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New information now on a -- -- on -- shooting case just released court documents outlining the second degree murder charge against George Zimmermann.
But it's being described this affidavits and in at bats raising some questions is whether the case will even make it it would jury.
Judge Alex Freres a host of judge Alex in a former Florida criminal court judge.
Judge this I'm gonna hold it up right here this is yet we're talking about second degree murder and this has to be the shortest probable cause affidavit.
I've ever read where's the probable cause where are the elements of the crime where's the second degree murder.
-- anything that you're supposed to happen support of such a serious charge.
-- I'm sharing your sentiment completely when I read -- I thought it was then as well.
You know it's it's hard to believe that they would filed this affidavit in support of that case but.
They must have something else I can give the -- prosecutors.
The benefit of the doubt and assume that they have other evidence you know they don't have prosecutors as you know Greg they don't put all of their evidence in the PC affidavit but this one.
I think barely makes PC if it makes it at all.
-- so I'm assuming that they have the autopsy report that they have evidence of trajectory of the bullet that they might have stapling evidence to show that this -- between the shooter to the victim to kind of refute the -- of self defense.
Maybe they've analyzed the voice and have confirmed it through FBI analysis or something that it is the voice of Tre bun -- not the voice of Zimmerman.
-- that would give them stuff but but the -- -- David clearly.
Not show it when you say PC you're tired about probable cause but -- this as a secretary murder charge which is killing without premeditation but with malice aforethought.
Or depraved indifference even if they have -- of the things.
That you suggest they could be holding back.
Do you do you have reservations that they could prove such things as malice aforethought and depraved indifference.
I've I've had reservations all along I think I said it before they released of the charges I said if they're gonna charge him with second.
They haven't released anything to indicate ill will evil -- -- hatred.
They might only be relying on his -- things on that tape 911 where he calls them you know the a word and he.
You know he's referring to burglars of course that's a real stretch to say that that's the evil intent necessary.
To generate a second degree murder charge -- I'm thinking there must be something else but like you I expected a manslaughter charge at best.
So we'll we'll have to wait and see what they have it doesn't really feel it does look strong from the -- Well and you know sort of in fairness to the -- there's nothing in there from the police report about the injuries on Zimmerman and so forth.
But look it needs to -- the trial as you know there is going to be.
A hearing in front of -- judge community here -- which Zimmerman right can seek dismissal of all of the charges by saying hey I didn't instigate this fight and beat.
I feared for my life.
Bob you are what are what's the likelihood.
Of the charges being dismissed because after -- the burden of proof is way low it's preponderance of the evidence in that hearing.
That's right a tiger -- raising the defense you don't have to prove beyond a reasonable doubt just more likely than not a preponderance of the evidence you know if if if they the evidence is lacking if if they cannot refuse self defense Clinton to judge should dismiss the case I mean I've had to make those tough decisions I I don't.
One case that still haunts me I had to let the guy was clearly a murderer walk because the law set I had to and after a judge.
That's what you have to do you have to follow the law -- you know you don't sit there and try to protect your career by making a popular decision -- sometimes have to make unpopular decisions.
And this will be presented in a motion to dismiss -- which is unlike other motions dismiss will be an evidentiary hearing the judge will actually take testimony.
And we'll have to make a decision and it'll be coming up pretty soon.
If it's lacking it's lacking that's not the judge's fault that's nobody's fault -- to the police's fault sometimes there's just not enough evidence.
To convict somebody and in this case some kind of concerned that that's where it's heading.
Two opportunities to knock this out of probable cause hearing in the immunity hearing.
Will be following -- judge Alex for -- always great see it backs YouTube.
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