Thursday, June 21, 2012

More on the Zimmerman case & Stand Your Ground Task Force

Let me start with the June 12, 2012, meeting of the Stand Your Ground Task Force in Longwood (ie:  Task Force on Citizen Safety and Protection ).  This was basically the first meeting of the Task Force where comments were taken from citizens wishing to address the Task Force -- and three, three person panels of "experts" addressed the Task Force in a question and answer type format with each "expert" giving a brief initial presentation, and then answering questions from the panel.  The experts consisted of police officials advising the panel on how a homicide investigation was normally conducted and that the Stand Your Ground law really hadn't changed much on how they did an investigation;  public defenders advising how they normally proceeded and how the self defense laws operated,  and prosecutors who gave their version of how the law did or did not change things.  In essence,  with the exception of one prosecutor -- the consensus was that the law didn't cause any real problems.  However,  a couple of important points were made on shortcomings in the law that had everyone confused, and needed clarification.  First -- since "stand your ground" does not cover anyone who is acting "unlawfully".  Does "unlawfully" mean any violation of law?   Curfew?  Zoning ordinance?  Just having a joint in your pocket?   Actually -- a very good point.  Nobody knew.  Neither do I.   Obviously -- something that needs to be fixed.

Second -- what exactly is an "aggressor"?   That's important because an "aggressor" is not entitled to use self defense except under very stringent circumstances.  [776.041]  The problem -- to be more specific -- is the phrase "provokes the use of force against himself or herself".   What exactly does that mean?   Again -- a very good point that needs clarification -- and something the George Zimmerman case somewhat touches on.

Aside from that -- the Task Force was comprised of a very diverse selection of the community.  Some had absolutely zero idea of the content of the self defense laws,  how they worked,  how they were applied, basic criminal procedure, or much of anything about the criminal justice system.    Others understood the system clearly -- and at least two of the Task Force members were strongly supportive of the Stand Your Ground law.  I would say -- the majority were open minded,  or at least appeared so.

After the "expert" panels -- each citizen who placed their name on a sign-up sheet was allowed to address the Task Force for three minutes.  As you can guess -- each citizen had different takes on the issue.  Most were emotional.  Some made sense -- some didn't.   Of note -- Trayvon Martin's mother spoke in simple, heartfelt terms.   She did not ask that the law be revoked. Far from that.  However,  she did ask that it be amended to contain an "aggressor" element.  Of course -- it already does -- but as I've discussed -- that needs some real clarification.   Also -- since I'm supposed to be on an "expert" panel with the Task Force when it meets in West Palm Beach  -- I merely used my three minutes to advise the Task Force that I had provided each of them with a free Florida Firearms book which I hoped they would read -- and reminded them that Stand Your Ground laws had been the law in all federal courts since 1895,  and was the law in the majority of states in the United States.  In other words -- it isn't anything new, and has been around for a long, long time.

That's was the summary on the Task Force meeting -- in brief.    Now,  on to the latest on the George Zimmerman case.

My first comment is:   Angela Corey,  who is the State Attorney in Duval County, and prosecuting the case -- needs to be voted out.  The more evidence that comes out -- the more it is clear there is no evidence that justified an arrest.   Ms. Corey simply ignored the "immunity" section of law for political expedience.  All gun owners should take careful note -- that what has happened here so far -- is a travesty of justice.  All gun owners need to remember -- next election -- those politicians who will throw them to the wolves at the slightest chance!  Because -- this can happen to anyone!   Ms. Corey has now, and in the past,  relegated the word  "immunity" into a meaningless word.  To her, it obviously has little meaning -- other than her political ambitions -- forcing a man who CLEARLY fell within the protection of the law into jail, and into a situation which the law was meant to protect.

Why?

Because if you take the time to read, view, and listen to the evidence that's been placed online -- Zimmerman has passed voice stress tests given by the police,  he's been consistent in all his answers time-and-time again,  his injuries are consistent with being a "victim" -- not an "aggressor",  his story is too complicated to be made up on the spot.  In fact,  everything about the case -- the voice stress;  the video re-enactments,  his original statements -- everything I've seen says -- there was NEVER any probable cause to arrest him -- lest prosecute him.  Sanford Police stand by their original decision -- because they were right!  I predict -- the case will be dismissed at a proper motion at some time in the future -- and if not --  that decision will be reversed on appeal.

So . . .  that's my take after listening to all the tapes,  reading all the statements, and seeing all the video.  On the other hand -- hiding money from the court -- that was a crime.   If Zimmerman and spouse do jail time for that little piece of perjury and subterfuge  -- I don't have a problem.  That one is deserved.