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Soxbadger

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Everything posted by Soxbadger

  1. I just dont get why Noah is on the bench for so long. The Heat are playing off of Asik on defense because he has trouble handling the ball cleanly. If you have Noah there facilitating the offense is going to run so much smoother.
  2. Wow Miami is turning it up. (edit) And by that I mean getting super physical.
  3. Okay so this defense is pretty interesting. It seems like they are doubling with a big on Lebron, basically trapping him every time as Lebron tries to run iso.
  4. Big 2 minutes here, keeping it close would be great.
  5. Iamshack, Special prosecutor is different. She is not from Sanford, she is from Jacksonville (4th circuit) and she is elected. A high profile case like this is great if your an elected DA. http://www.sao4th.com/ The original county was Seminole County, and Jacksonville demographics are quite different than Seminole County. Not to mention I doubt it was the actual DA of Seminole County who reviewed the file, it was more likely someone who was hired, not elected. Its an important difference.
  6. Im not saying that charges shouldnt have been brought in the first place. I am saying that once the original prosecutor did not press charges the only way that charges were ever going to be brought was due to national spotlight.
  7. Media pressure is the reason charges were brought. Had the media not gotten involved the original prosecutor had already decided to pass and Im not sure the state of Florida is going to appoint a special prosecutor for something no one cares about.
  8. I said that the person shouldnt be fired. You then called me an arrogant lawyer for saying "No one should get fired and the facts arent on the fence" as it relates to charging Zimmerman. How could I ever comment on the facts on guilt? There hasnt been 1 second of testimony or discovery. All I can comment on is bringing the charges, and you called me an arrogant lawyer for merely stating that when you see a fact pattern like this charges are expected. Lets look at the facts: 2 people 1 dead, no witnesses besides the shooter. The shooter admits to the shooting, so there is no question as to who caused it. The shooter says it was self defense. The victim is unarmed. The police do not believe the shooter. The police recommend charges. If you take out race, if you take out all of the other nonsense and just look at the facts. Those that neither party can dispute, I just dont think the facts are on the fence in terms of bringing charges. Now ultimately, a jury may find Zimmerman credible and that he did act in self defense. But how can the Prosecutor, who likely never even spoke to Zimmerman, make the determination of his credibility, especially when the police, who were there and spoke with him, dont believe him. If you disagree with that, it is your choice.
  9. And no one is saying that they will win the case. But just because you may lose the case, doesnt mean you didnt have enough facts to charge. They are apples and oranges. So when I said the facts arent on the fence, I meant in terms of bringing charges. And I was wrong, the hearing comes later. http://usnews.msnbc.msn.com/_news/2012/04/...ervers-say?lite Evidentiary hearing: Under the Stand Your Ground law, as interpreted by the Florida Supreme Court, a judge can grant Zimmerman immunity from prosecution in this type of hearing. Here is where Zimmerman is expected to tell why he feared for his life when he scuffled with Martin. Those hearings are like a “mini trials,” King said, in which experts on Zimmerman’s emotional state will also likely be called to testify, as well as any other witnesses in the case. If a judge decides there is enough evidence to show Zimmerman did act in self-defense based on the preponderance of the evidence, the judge can rule that Zimmerman can’t be prosecuted, essentially dismissing the criminal case.
  10. What can be proven at trial is different than the standard for charging. If there werent facts to charge, the Defense attorney would have requested a hearing on the evidence under the SYG rule, instead of having Zimmerman plea not guilty. Why did the Defense attorney not do this? Is he stupid? Does he not know what hes doing? Or do you think maybe its pretty apparent that there is enough evidence for probable cause, but that is quite different than "beyond reasonable doubt". But go ahead and keep making the argument that in order to charge, the standard is beyond a reasonable doubt.
  11. No one should get fired and the facts arent on the fence. Simply put, for whatever reason, the first prosecutor did not want to risk taking the case. I have my own personal theories on this, none of them really involve substantive evidence, most of it involves preconceptions about juries, defendants and how easy a case will be to win. The first prosecutor just wasnt brave, they took the easy road.
  12. QUOTE (mr_genius @ Apr 12, 2012 -> 06:07 PM) not really. the only reason charges are being pressed now is the media frenzy (created in large part by fabricated reporting) that led to a lynch mob out to get Zimmerman. The angry mindless mob got want they wanted. So, are you saying that you disagree with the police? Because the police wanted Zimmerman charged. Or are you saying the police were wrong. Id just like to know why you so strongly agree with the original prosecutor who 1) went against the police's recommendation and 2) there is now another prosecutor who is bringing the charges the police originally sought. Because Ive yet to see you bring any evidence into the thread as to why Zimmerman should not have been charged. (Edit) Id also like you to point out in the affidavit which of the facts were created by "fabricated reporting." Im not going to hold my breathe and wait for you to produce this though, because historically speaking, members of the mindless mob rely on repeating what they hear in the news, instead of making independent evaluations based on the facts.
  13. Why? The media has been wrong before when it comes to trials. 2 days after no one remembers or cares. The person with egg on their face (at this point) is the original prosecutor who declined to bring charges.
  14. Youd have to ask a prosecutor, but I think its like a Complaint, you only have to allege enough facts to get you through the door.
  15. Here is the affidavit: http://media.trb.com/media/acrobat/2012-04/69353440.pdf Its important to remember that this is jaded to the Prosecutor's perspective. The reason I say that is because obviously there is a question of fact as to whether Zimmerman actually continued to follow Martin, or if he stopped pursuing to return to his car, where he was subsequently "jumped" by Martin. The real damning evidence is the multiple 911 calls and the determination it was Martin calling for help. If those calls can be reproduced and the calls for help are immediately followed by a gun shot, it will be hard to convince a jury that Martin had the upper hand and forced Zimmerman to shoot him. Obviously if I was the Defense Id argue that merely yelling for help does not really indicate who was winning and since you cant see what is going on, it is possible Martin was on top of Zimmerman but still yelling for help.
  16. Look at my post above at 02:16 PM http://www.dc.state.fl.us/oth/10-20-life/index.html Its called the 10-20-Life program, there are a ton of articles about it.
  17. No, Florida requires that a crime committed with a gun automatically results in an increase of the charges. For example, If the Prosecutor thought it was Murder 2, they would have had to bump it up to Murder 1. If the Prosecutor thought it was manslaughter, a 2nd degree felony, it would have to be bumped to a 1st degree felony, which in theory is Murder 2, it really doesnt matter as all of them are subject to penalty under 775.082, s. 775.083, or s. 775.084.
  18. I know Mathew 20 1 “For the kingdom of heaven is like a landowner who went out early in the morning to hire workers for his vineyard. 2 He agreed to pay them a denarius[a] for the day and sent them into his vineyard. 3 “About nine in the morning he went out and saw others standing in the marketplace doing nothing. 4 He told them, ‘You also go and work in my vineyard, and I will pay you whatever is right.’ 5 So they went. “He went out again about noon and about three in the afternoon and did the same thing. 6 About five in the afternoon he went out and found still others standing around. He asked them, ‘Why have you been standing here all day long doing nothing?’ 7 “‘Because no one has hired us,’ they answered. “He said to them, ‘You also go and work in my vineyard.’ 8 “When evening came, the owner of the vineyard said to his foreman, ‘Call the workers and pay them their wages, beginning with the last ones hired and going on to the first.’ 9 “The workers who were hired about five in the afternoon came and each received a denarius. 10 So when those came who were hired first, they expected to receive more. But each one of them also received a denarius. 11 When they received it, they began to grumble against the landowner. 12 ‘These who were hired last worked only one hour,’ they said, ‘and you have made them equal to us who have borne the burden of the work and the heat of the day.’ 13 “But he answered one of them, ‘I am not being unfair to you, friend. Didn’t you agree to work for a denarius? 14 Take your pay and go. I want to give the one who was hired last the same as I gave you. 15 Don’t I have the right to do what I want with my own money? Or are you envious because I am generous?’ 16 “So the last will be first, and the first will be last.” I dont know the 4 verses on estate tax though.
  19. Unless the Prosecutor drops it, its generally up to the jury as the Prosecutor will plead Murder 2 and in the alternative manslaughter. Why did the Prosecutor charge with murder 2? Because its the lowest possible murder crime with a gun. Florida law is hilarious. On one hand it has SYG, on the other it has 10-20-Life.
  20. So if im reading the news right, Zimmerman is being held without bond, which is basically the worst possible result right now. Although his attorney may want Zimmerman in jail for the 1.5 months so that it counts as time served against his sentence. It also appears that his lawyer is not asking for a hearing on the merits (which under Fla SYG law he may have been entitled to) and instead Zimmerman has plead not guilty. If I was reading between the lines, id say that his defense team is trying to set up for a plea of manslaughter 1-2 years jail time, with Zimmerman getting credit for about 3-6 months served before the plea is entered. As for what I think will happen: Guilty of Manslaughter at trial. Im not sure they will be able to prove 2nd degree murder, that will all turn on whether Zimmerman showed a depraved mind and no regard for human life. The best chance a prosecutor would have is using the 911 tape to show that Zimmerman disregarded the 911 instructions. Also I would use the fact that Zimmerman was "Community Watch" and that Community Watch programs are specifically instructed not to intervene, so he knew that intervention was an act that could end a life. That being said, still seems hard to go for. My guess is that jury settles on manslaughter, especially because Florida law requires that if its Murder 2 with a gun, minimum sentence is 25 years. Hmm after reading this: http://www.dc.state.fl.us/oth/10-20-life/index.html Im not sure what can happen, because that seems to say that there is a minimum sentence of 25 years regardless of the charge. http://www.leg.state.fl.us/statutes/index....s/0775.087.html Hmm okay so maybe that is why they charged Murder 2: (1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows: c) In the case of a felony of the third degree, to a felony of the second degree. That would suggest that originally the prosecutor thought manslaughter, but due to Florida law had to bump it up to Murder 2. The law giveth and the law taketh away.
  21. The new Rivals rankings have Dekker at 13, 2nd highest Big 10 recruit behind Robinson III. Kind of amazing that Wisconsin got him.
  22. Its still abstinence if I pull out right?!
  23. That guy isnt even following the case at all. LAW ENFORCEMENT ASKED THE PROSECUTOR TO CHARGE ZIMMERMAN. This time it was not the police's fault, it was all on the Prosecutor. Why do people keep blaming "law enforcement", when it was the Prosecutor, who is not part of the Police Department. So frustrating to hear everyone blame the police when it wasnt them this time.
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