Prosecutor Will Not Use Grand Jury in George Zimmerman Case: Smart or Sketchy?

Of course we don't know all the facts, but based upon what I have seen/heard, I don't see where Zimmerman was ever the aggressor. The most you could say was that he was following Trayvon for a time. But, yes, he can claim self defense. The defense is not available to an aggressor, but the law recognizes
that one who was initially the aggressor can withdraw and then the other party may or may not become the aggressor. There are extensive jury instructions in this area of the law. If Zimmerman's account and the eye witnesses who say Trayvon was on top of Zimmerman and hitting him is to be considered, then Trayvon would be the aggressor and Zimmerman has the right of self defense. I think what they will end up litigating whether or not the use of deadly force was reasonable under the circumstances, i.e., was Zimmerman in fear of death or great bodily injury? This could lead to a Manslaughter conviction, depending upon how the jury decides. Barring something very spectacular I don't see how he would convicted of 2nd degree murder.

Probably the civil case would be easier since the burden of proof is simply "by a preponderance of the evidence", i.e., you only have to favor the plaintiff by 51%, whereas the criminal burden is "beyond a reasonable doubt and to a moral certainty". Self defense is available in the civil case also, but as I say the burden is less. The other factor is that Zimmerman probably has no money, so they may or may not bring a law suit. Most families of homicide victims don't bother unless the defendant has some ability to pay (like O.J.).

I am very experienced in the investigation and prosecution of homicides. I'll share my thoughts on your comments, again with the caveat that some of the things we have seen seem fairly reliable, but there are no doubt facts that have not been made public.

First, the investigation sounds less than ideal but not way beyond the pale either. Zimmerman was first interviewed at the scene by a Narcotics Detective. That seems a bit unusual, but perhaps he was the only one available. Someone getting to a suspect quickly is often more important than who gets there. He was arrested and taken to the station where he was interrogated for several hours. Maybe by that time someone from Homicide was there. I don't know.

Some critics point out that there was no DA at the scene. Perhaps it is typical in this part of Florida that a DA would come to the scene. Again I don't know. I worked in a very large metropolitan area and it was definitely not routine for a DA to show up at a crime scene.

I don't find it surprising that they released Zimmerman. The first eyewitness who was watching the altercation from the window of his apartment said he saw Martin on top of Zimmerman and he was hitting him and Zimmerman was calling for help. He said he yelled at Zimmerman that he was calling the police and then went to the phone and did so. He said he heard the gunshot (I don't remember if he said just before or just after he made the call). By the time he returned to the window Zimmerman was up and Martin was in the prone position. Another eyewitness from another apartment window said more or less the same thing but he didn't see it with nearly as much detail.

So from the police point of view, all the evidence dovetails with Zimmerman's story. It looks like a prima facie case of self defense. They were told by the DA that they did not have enough evidence for a filing. I would have agreed with that.

They should have kept Zimmerman's clothes. I don't know if they did or not. Some accounts say that they did. I have heard that they returned his gun to him. If that is true, I would find that very unusual.

I wouldn't expect to find Martin's blood on Zimmerman. Gunshot entrance wounds produce little or no blood. The bullet comes out very hot and sears the skin. The hot sooty gases contribute to that as well. This prevents tissue bleeding like you might get from cutting yourself with a blade which produces a lot of blood. Also since the skin is very elastic it retracts after the bullet has passed though leaving a hole that is smaller than the bullet that just entered. Blood, if any, will have to come from internal bleeding that finds it's way out of that small hole. If it happens, it doesn't happen right away. Martin was also wearing a shirt.

Regarding the broken nose issue: The nasal area has thousands of small capillaries, some of which are typically broken in the usual case of a broken nose and usually causes bleeding from the nose. Sometimes if the break is minimal the bleeding is minimal also and doesn't make it out the nostrils before it coagulates. I notice a few people on the internet are claiming that they had, or knew some who had a broken nose and it did not bleed. I don't know if they are there just of help Zimmerman or whether it's true. The first two sentences I have seen medical support for.

There are some sources that are claiming that Zimmerman did have a bloody nose. Again, I have no idea what is true.

Obviously we are not in possession of all the information. But even with calling in the FBI, a Special Prosecutor, etc., and I haven't seen anything additionally incriminating that has been uncovered.

Personally I think the filing of 2nd degree murder is politically motivated. But that's a long discussion for another time.

Take care,

Probably the prosecutor will be reduced to making arguments similar to that. I don't see how he/she has anything other than to argue that deadly force was unreasonable under the circumstances. Unfortunately the circumstances will be defined by Zimmerman. That is part of the reason that I said this was a nightmare for the prosecutor. Every bit of available evidence and every witness that I am aware of essentially agrees with what I understand is Zimmerman's story. In order to even get in the game the prosecution will have to basically present Zimmerman's defense for him. In order to establish identity I assume he/she will have to offer Zimmerman's statements to the police which I assume are very self serving.

It is hard to imagine where they can find any evidence to support the "depraved mind" requirement for 2nd degree murder.

Two things are potential game changers in my opinion. If that shreik for help cannot be analyzed as not Zimmerman's, I think he's probably home free. If the jury believes that the cry for help is Zimmerman's then the "reasonable belief that one believes they face death or great bodily injury" may very well be satisfied. The other one is the broken nose issue. If Zimmerman truly has a broken nose, that alone is probably sufficient to equal great bodily injury. Then the great bodily injury fear is not just a theoretical one, since he actually suffered it. There is a lot of litigation in the criminal courts about what constitutes great bodily injury. A lot of crimes are enhanced (i.e., an additional 3 or 5 years for example) by a great bodily injury allegation. In other words the prosecutor charges someone with rape, robbery, etc. and adds a great bodily injury allegation. If the jury finds the defendant guilty they then determine whether the great bodily injury allegation is true. This has happened many many times and there are a large number of appeals based in whole or in part that the victim's injuries were not sufficient to constitute great bodily injury. Somewhere there is probably a case that said that a broken nose is sufficient. I've seen the appellate courts say that black eyes, facial lacerations etc., are sufficient. Less damage than you or I might think of as great bodily injury. So Zimmerman is likely to get a very favorable jury instruction as to what constitutes great bodily injury.

Maybe there are some additional witnesses or some other evidence, since the special prosecutor did take a week or more to decide to file. We'll see.