Reba

Just to let you know, the transcript is not complete or accurate. There are some gaps and wrong words in the text.

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Jiro

that's what I thought so. can you please properly transcribe it? only that specific part about affirmative defense.

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TXgolfer

Yes ma'am, I am aware of that. The second transcript is more clear.

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Ps 109:8 let his days be few,and let another take his office -KJV-

TXgolfer

So much wrong in your post....

The bold....exactly....that IS an affirmative defense. Alibi says the opposite.

Remember when you posted this..

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Reba

This is more accurate:

In response to question about whether Mr. Wolfinger would have arrived at the same conclusion:

"I speak for Angela Corey and my prosecution team. This is the conclusion that we came to based on our review of the facts and evidence. I'm not sure they were through with the entire investigation at the point where Mr. Wolfinger recused himself from this case.

We have to have a reasonable certainty of conviction before we file charges – any time there is an affirmative defense, and there are numerous affirmative defenses that can be asserted before the arrest, immediately after the arrest, during the trial. We’ve had them come up in the middle of trial, haven’t we? My fellow prosecutors that sit here, we’ve all faced this before. For example, alibi is an affirmative defense. Sometimes that gets put on us in the middle of a trial. So an affirmative defense always makes a prosecution more difficult. We do everything in our power to take the facts we have at hand and prove the case beyond a reasonable doubt."

TXgolfer

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Ps 109:8 let his days be few,and let another take his office -KJV-

sara1981

George Zimmerman appears before judge
George Zimmerman appears before judge - CNN.com

George Zimmerman makes first court appearance
George Zimmerman makes first court appearance - CBS News

Travyon Martin's mother Sybrina Fulton says she thinks his shooting was 'an accident'
Travyon Martin's mother Sybrina Fulton says she thinks his shooting was 'an accident' - Crimesider - CBS News

Trayvon Martin: George Zimmerman appears in court
BBC News - Trayvon Martin: George Zimmerman appears in court

Judge finds probable cause to hold George Zimmerman on murder charge in first court appearance since his arrest
Trayvon Martin case: Fears George Zimmerman is 'already convicted' in killing of Florida teen | Mail Online

Trayvon Martin: George Zimmerman charged with second degree murder
Video: Trayvon Martin: George Zimmerman charged with second degree murder - Telegraph

Shooter In Court Over Florida Teen's Murder
Trayvon Martin: US Prosecutor Annnounces Charge Against George Zimmerman Who Shot Teenager | World News | Sky News

we will kept that news update till verdict

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Jiro

so with that...

It is not I who are wrong. You are basically saying this prosecutor is wrong. I don't believe he/she misspoke. He/she is just saying "for example...... " and saying that defense lawyer will always every trick in his playbook just to make prosecutor's job harder.

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Jiro

from Sara's link -

oh my..... I wonder if Zimmerman has lost his mind or not. In case of shooting case like this, I would hire a lawyer with a very specific expertise in a very specific type of case. I already have a number in my cellphone for best lawyer in NJ specializing in gun-related cases. My friend had used him to resolve a silly quibbling with police captain with a threat of federal investigation because of risk of going to jail.

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Reba

Sometimes it depends on what you can afford.

Jiro

life sentence without parole vs my pocket..... a very easy choice for me

but in Zimmerman's case, he has already gone thru several lawyers in a very short time. Most of them are a quack. He must have really gave up in life.

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Reba

I understand but some people simply don't have the financial resources to hire a dream team.

Jiro

right but in most shooting cases in America, they didn't have a dream team. it's just a lawyer with specific expertise so it would be prudent for Zimmerman to hire such one.... not a general lawyer.

one would think NRA or gun supporter groups would send in a pro-bono lawyer but since they're not touching this with a ten-foot pole.... looks like they suspect that Zimmerman's shooting isn't justified. or just didn't want to align themselves with a vigilante even if it's justified.

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VacationGuy234

That's too funny....

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rockin'robin

To note....there are thousands & thousands of people from all walks of life that believe the shooting IS justified....and if Ms Corey had stated that "no charges would be filed"....everyone knows the riots that would have again erupted...in much worse force than they did already......hence....agree to arrest Zimmerman and have a trial....and I believe that trial will be long forthcoming......

Of course, he (Zimmerman) is already convicted by the black community....and if he is found "not guilty" by a jury....then again, the riots, shootings, marches, etc., etc., will erupt again.

Whether Zimmerman is in fact guilty or not guilty, I honestly do not know....and a man's life is already hanging in the balance....one has already lost his, whether is was his own fault or not.

Jiro

Looking at past incidents like Casey Anthony, Oscar Grant, Charles Hill, OJ Simpson, Ramarley Graham, Amadou Diallo, and Sean Bell.... I wouldn't worry about some riots. It will be forgotten shortly after trial. Funny how we tend to treat each "horrible" incident like it's the next "civil war" that would be worse than last time.

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sara1981

George Zimmerman appears before judge in Trayvon Martin case
George Zimmerman appears before judge in Trayvon Martin case - CNN.com

Rodney King pleads for calm in Trayvon Martin case
Rodney King pleads for calm in Trayvon Martin case - CNN.com

Nation divided over Trayvon Martin case?
Nation divided over Trayvon Martin case? - CNN.com

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TXgolfer

Exactly, she is saying "for example.....". And the courts have said her example is wrong.

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Jiro

that's not exactly what you said. you were saying her statement is wrong and that she "missed" a day or two at law school about alibi and affirmative defense.

The prosecutor was simply saying that they are prepared for that farce if defense lawyer uses it.

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TXgolfer

She said "For example, alibi is an affirmative defense". The court says its not. *shrug*
You did inspire a new Condescending Wonka meme though.

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TXgolfer

To add.... That is just ridiculous. why would anyone be expecting an alibi defense in a case where the defendant has not denied being at the scene.

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sara1981

CBS news evening says no bonds for Zimmerman! HIs court date on May 29

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Steinhauer

Gee whiz ... what could ever cause a person to think like that? Hmmmmm ... could it be there were no arrests made in regards to the bounty placed on Zimmerman (a violation of his civil rights), could it be the massive angry mobs screaming "racism!", could it be the misleading facts about the case being published by the MSM?

Uh .... dude not exactly jumping to conclusions

oh ... and the riots, the store raids .... the threats of riots ... the 2 million +++ screaming for Zimmerman to be arrested ...


no ... no ... no duress there (good lord).

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Annuit Cœptis

><((({*>

Once upon a time men could speak honestly and wisely and people would listen. Now it seems that propaganda is the preferred method of communication regardless if there is any truth behind it or not.

Steinhauer

(1) A person who uses force as permitted in s. 776.012 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.

New version:


(1) A person who uses force as permitted in s. 776.012 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force unless there is significant public outcry or threat of civil unrest, and unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.


I don't mean to sound condescending (which means to talk down to)

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Annuit Cœptis

><((({*>

Once upon a time men could speak honestly and wisely and people would listen. Now it seems that propaganda is the preferred method of communication regardless if there is any truth behind it or not.

TXgolfer

The Dersh

Harvard Prof. Alan Dershowitz: Zimmerman Arrest Affidavit ‘Irresponsible And Unethical’ | Mediaite

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Steinhauer

I am sitting here wondering why the affidavit mentions that Zimmerman was "profiling".

Is reporting suspicious behaviour now considered "profiling"? Also, the affidavit claims the 911 dispatcher told Zimmerman to stop following Martin.

The dispatcher NEVER gives that command. Once the dispatcher said "We don't need you to do that", Zimmerman replied "Ok" and reportedly began walking back to his car when he was confronted by Martin.

The prosecutor is trying to make it appear that Zimmerman initiated the confrontation. What this means is ... do not report suspicious behaviour to the police or you will be "profiling" and if confronted in a violent manner - it's your own fault.

Violent offenders apparently are not responsible for their own behaviour it seems.

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Annuit Cœptis

><((({*>

Once upon a time men could speak honestly and wisely and people would listen. Now it seems that propaganda is the preferred method of communication regardless if there is any truth behind it or not.

kokonut

Yeah, I just read that not too long ago.

The money shot from the affidavit:

http://media.trb.com/media/acrobat/2012-04/69353440.pdf

Let's look at what a second-degree murder looks like under Florida law defined as:

Statutes & Constitution :View Statutes : Online Sunshine

And compare to what Dersh said and how there’s nothing to suggests there's probable cause to believe Zimmerman had a “depraved mind regardless of human life” when he shot Martin. So far, what has transpired based on available facts show them to be consistent with self-defense.

Perhaps what it may end up is that the 2nd degree murder charge won't fly.

Steinhauer

Now they have to produce (doctor) evidence of a depraved mind with disregard for human life.

Now, wouldn't that be kind of hard to do considering Zimmerman was a neighborhood watch captain (meaning he had a high regard for the lives of his neighbors?)

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Annuit Cœptis

><((({*>

Once upon a time men could speak honestly and wisely and people would listen. Now it seems that propaganda is the preferred method of communication regardless if there is any truth behind it or not.

whatdidyousay!

The cops told people that where doing the neighborhood watch not to bring a gun with them. If you are working with the police department the cops can tell you what to do.

Foxrac

Some states have no CCW law or extremely restricted.

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