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-- -- back in session on the docket today big developments in the trade on Martin's shooting case.
The attorney representing defendant George Zimmermann the man who shot and killed Florida teenager -- on -- Now says he will not.
Rely on Florida's so called stand your ground law in defending his client that's what everybody thought it was gonna -- -- is facing a second degree murder charge in connection with the fatal February shooting of the seventeen year old -- Here's government attorney Mark O'Meara explaining his decision.
Someone confronts you with potential deadly force -- great bodily injury you can react immediately.
With deadly force you do not need to retreat.
This is not I would suggest the fact go through his support they stand their ground event what does seem to support.
Is that mrs.
Zimmerman acted in just traditional self defense.
He was confronted with great bodily injury force -- -- had his nose broken.
Found he resist -- he reacted to that first by screaming off the help of forty seconds or.
And more more.
And then he used to begun.
So I think it's more -- traditional self defense.
And what does that mean.
Joey Jackson and mark -- -- here they're both former prosecutors now defense attorneys and -- practices in the beautiful state of Florida where this is all going not yet.
-- -- -- -- -- -- -- Right right.
I I would say stand your ground does apply yeah I how can you possibly say it doesn't.
It gives you the chance by a mere preponderance of the evidence -- much -- there a degree of evidence that needs to be put forth.
To get this case shelved.
Out of the jury's hands you could win immunity both in criminal and civil.
If you can persuade a judge that the defendant was standing his ground all Mara anywhere you can say that it is standing your ground.
That's what you should say -- in any feed.
Does that successfully may never did feel of the jury gets thrown out absolutely -- judge but the -- and read what he was saying Joey.
He seem to be saying.
I don't have to assert standing your ground as my defense I can get the whole thing thrown out.
By a preponderance of the evidence before the judge without getting to a jury.
Just by arguing here -- self defense and not relying this weird law.
Ten now as what was happening Magid at fort change I'll agree with -- -- -- it up pretty clear -- -- -- what I think.
As -- -- expand the ground would apply but has what's going on Megan we -- front of judge last day here and if you remember this is the same judge who increased the bail and made a decision which essentially said that.
This person mr.
Zimmerman is not to be trusted has no credibility and just went on and on justice or aiding him scorching them.
At every phase of you know what you can imagine so here's what would happen Megan simply.
Any -- -- you have -- stand your ground hearing who is a gong to be before it's going to be before it is every judge who said your client has no credibility judged like say they shot now to how that is dying when he's gonna say no anyway and that the process you're not gonna know what all you prove this.
Go ahead mark.
Okay maybe not.
The defense already feels I think rightfully so that they don't have a shot of getting a fair trial and certainly a fair hearing in front of this judge to -- -- the appellate court decide.
Whether the words of -- from this judge is now.
Would cause a reasonable defended to feel that they could not get a fair shot if they reversed.
The decision and they throw this judge off.
I got a new job so why are they ever really -- -- I don't like turn off the king of the debt was ticked off if he doesn't realize his bond you're about -- -- Dell in the coffers -- might have been charged with perjury for what she testified -- And it -- said he you -- lied misled the court.
Yeah good judges -- off cases that do we.
It depends on how they interpret the words that he said not just what Zimmerman did.
But the overall blanket statements that he made but even if you don't get the judge dropped the case with your 5% 10% maybe 50% chance to hear if you're should not hide that this judge may take this.
Out of the hands of jurors -- many -- but why are being -- -- terrorist.
Looking to find him guilty no matter what Mark O'Meara said I I've maybe I'm misunderstanding -- -- -- Florida lob.
But -- he says this he's asked why -- let's go before the judge try to get thrown out.
He said the statute.
Gives us the possibility to go before a judge of what we call a self defense or immunity hearings.
It is known generally as a stand your ground -- but it doesn't only applied to stand your ground.
You can you can argue -- stand your ground but you don't have to you've -- go before the judge in just argue traditional self defense and get case thrown out before you get to a jury that what is that true yeah.
The Delhi now -- what I believe he's doing is and he'll be the proof in the putting I don't think they like this is this judge got to be deciding this case based upon the things he said about his client.
And therefore I don't think he's inclined -- and to have -- proof before this judge lay out all of his evidence have a client testify have the judge say no no I didn't.
Even what the standards of a preponderance and now you're in front of an actual jury having the prosecution pick apart your case that they are ready now.
Mark are we in this big Indian allies -- kick and we have that the case thrown out just by arguing self defense ignoring -- your ground law.
-- so here's what I think he's doing personal self defense this for a jury to decide exactly danger -- for a judge just I've been here I think he's doing.
It's like the guys says I never give money to beggars.
I give them two roadside entrepreneur rumors that it's like polling -- something different so it doesn't look.
-- like he's getting out west main object around the economy.
Where is the case of what -- -- is corrected he doesn't he's not giving up as it is right to this hearing.
Then he's really gonna hold all -- cards to the best just to give it to the jury even though regarding her from that mr.
Zimmerman repeatedly about the about what his -- -- -- -- -- mark.
Not -- not a Smart little by now that's why don't think he's doing it he's too Smart for that.
The benefit -- you get a chance to question all the State's witnesses I get transcripts then from everything that closely people's lips I can use that against them a trial.
They've got a golden opportunity to I don't know where a lot of it's not a one way street they get the question -- witnesses and -- the proof of the putting any advantage that they do disqualifying -- -- -- is off.
And they changed their mind we're going to see why he's saying -- stand -- ground here see.
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