Alan Dershowitz blasts case against George Zimmerman
Harvard law professor weighs in
- Duration 7:00
- Date Apr 25, 2012
Harvard law professor weighs in
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Explosive claims today from a man said to be the best known criminal lawyer in the world.
Alan Dershowitz really -- against the prosecution the second degree murder charge against George Zimmermann the neighborhood watch volunteer.
Who is now charged in connection with the death of trade on Martin.
Dershowitz is a Harvard law professor who was argued nearly a dozen cases before the US Supreme Court.
He is the man who successfully.
Got the conviction of Klaus Von Bulow overturned.
Among many many other famous cases and now he is here with me on the set professor Dershowitz and it's an honor to meet you in person might.
And you are now saying that if anybody should be criminally charged in this case it is the prosecutors.
Why well first.
Well anybody who is involved in the shooting should be investigated and perhaps there should be charges against Zimmermann so let's put that aside for second.
But this affidavit submitted by the prosecutor in the Florida case.
Is is a crime is a crime if she in fact knew about ABC news's pictures of the bloody head -- Zimmerman.
And fail to include that in the affidavit this affidavit is not the truth the whole truth and nothing but the truth.
Why -- -- -- -- -- -- there's the picture why did they have to put in -- the evidence that is bad for their side because they're prosecutors and prosecutors when they submit affidavits have to tell the whole truth not just depart -- -- for half lies.
Is a lot.
And by suggesting that as they do in this.
Zimmerman confronted -- and a struggle ensued the passive voice.
Without describing the fact that there is evidence that.
Injuring the struggle.
Martin may have been on top Zimmerman on bottom and the bloody head may have been caused according to Zimmerman.
By the banging of his head against the right you can't leave that kind of evidence out.
When you're seeking.
To indict or inform against somebody.
And if you educate the viewers because I think most of our viewers assume that you know you've got the prosecution they have one agenda you've got the defense attorneys they have a different agenda.
That's not necessarily true the -- -- prosecution has a different.
Goal prosecution's job is present the truth and the whole truth it has obligations under the law not to suppress evidence not I just.
Started as an intent to seek justice.
Not to seek justice for trade on war for Zimmerman but to seek justice for.
Society that's their job to make sure that there is a just result.
Now I've heard from some well the prosecution has more evidence but they're holding it back this isn't poker.
Where you hold two cards and you put them later this is the justice system and the justice system has to be resolved.
By our usual procedures better ten guilty go free than one innocent be wrong we can find proof beyond a reasonable doubt.
And all the evidence of innocence must be set out by the prosecution United States Supreme Court has said that repeatedly.
Yeah well they'll go to trial they have to -- to the public common cause that relate to that you don't indict.
Based on false information.
Now one of the problems is because they've indicted for second degree murder and there's nothing in this affidavit that suggests second degree murder the elements of second degree murder -- here.
The expectations have been reduced was an article today in one of the but Daily Beast saying they'll be riots on the street if there's an acquittal.
If there are riots it will be the prosecutors fall.
Because -- overcharge raised expectations.
No reason of jittery.
Is gonna convict based on the evidence I know of second degree murder.
So this prosecutor not only may have some -- perjury.
She may be responsible.
If there are going to be riots here for raising expectations.
Too unreasonable level.
Do you think.
You know she went down there to Florida -- she did she simpler but she went out and when she announces second degree murder charges said.
We are here to seek justice -- -- to seek justice portray -- that raised a lot of eyebrows because.
It but do we are is it justice for -- Bonner is it just justice says yes you know it -- Zimmerman is claiming that it was self defense that he was the victim you know this is not the first.
I'm the -- has been made it was also made in the Anthony case where the prosecutor said we need good justice for Caylee.
And the jury said no no you need justice for the defendant there's only one person on trial and that is the defendant George them.
But only one person who has it right it's -- union Caylee Anthony was it was a genuine victims right there was no question -- about Martin appears to be effective but we don't know Zimmerman told defenses that.
He -- was the victim look they may both be victims -- on Martin was a victim he was not committing any crime he was carrying skills he shouldn't have been followed he shouldn't have been confronted.
But if in fact Zimmerman is telling the truth that he was blind sided that Martin turned from a victim into an -- with you may have.
Two victims to provoke -- and a very complicated legal issue.
That always must be resolved in favor of the defense is when in doubt you always resolve those doubts in favor of the defense but I want to ask you because this is one of the questions -- been asking -- -- can you get to second degree.
If you can prove this government stopped.
-- -- Zimmer -- had no right to do that Zimmerman ascribed to.
It criminal motives to him that we're not a -- salute to Zimmerman then abandon pursuit but was confronted by -- -- but the only reason he was confronted by him and forced to engage in self defense.
Was because he was the initial aggressor in stocking following its that are not the statutes very clear if you -- the provocateur let's assume and -- your hypothetical that.
Zimmerman was the -- marketer you lose the stand your ground statute.
But you don't lose traditional self defense so he's -- you -- -- little -- of -- jury -- -- not gonna get him out of a criminal trial altogether well it might.
It might get him out of the criminal drug to sustain your ground statute gives the judge the right under the general statute to look at the law.
Any reasonable objection throughout second degree murder and now we're down to -- manslaughter and then you have to ask yourself is there enough to manslaughter.
Not in this affidavit they may be more evidence that the prosecution now has.
But he -- great fears that the prosecutor has raised the stakes has raised expectations and why he may be responsible.
For whatever the results are if there -- going to be an acquittal which I suspect it will be and why does she do that.
Because she's a politically elected person who was appointed to get Zimmerman.
She was appointed to prevent riots she wasn't appointed to do just this she was appointed to calm the situation -- That's the problem when you elect prosecutors -- the only country in the western world that -- prosecutors prosecutors' run for reelection based on.
How many people they put in jail that doesn't produce we -- that problem that's saying it it applies here but we saw that problem in the duke.
Fake rape case with Mike back up to him in -- -- he went to jail for a night and got disbarred.
If I -- this prosecutor I'd be hiring a lawyer does point out.
Alan Dershowitz thank you sir thank you -- me.
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At Megyn Kelly.