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General/Criminal: More Detailed Appearance Arising Tonight on HLN’s Jane Velez Mitchell Show

The first appearance was, well, interesting.  I did hope to get in more input, as there was so much more to say, especially about the “Stand Your Ground” Immunity issue, pursuant to Fla. Stat. 776.032.  I believe that this will have a major impact upon the case and whether it even goes to a trial.  A motion to dismiss raising such an issue, akin to what I have filed on a couple of prior cases, is exactly what will raise this issue.  An impartial judge (perhaps even a senior one who does not face the wrath of any voters at the ballot box) would be able to assess this via the burden of proof of the issue — the lesser standard of “by preponderance of the evidence.”

Further, I have been saying for a couple of weeks that Zimmerman was arrested prior to yesterday.  Indeed, I believe that he was actually arrested on the day of the offense, 46 days ago, when he was placed in cuffs and brought down to Sanford Police.  Therefore, akin to discussions I have had with an able associate, perhaps Mark O’Mara should request (if the bond amount is set inordinately high in the coming minutes — I write as the bond hearing is occurring) an adversarial, preliminary hearing pursuant to Rule 3.133 of the Florida Rules of Criminal Procedure.  By doing so, O’Mara might be able to get around the inordinately high bond amount, and arrange for Zimmerman to be released on his own recognizance, i.e., without having to post any bond money and without any additional restrictions on his liberty prior to the trial.

Obviously, more to come ….  Wish me luck this evening.

2 Comments on This Post
  1. Kyle Bermingham

    Upon seeing the much speculated upon video, your contention regarding arrest is the first thought I had. As I’m sure you know, this issue was specifically addressed in Dunaway v. New York (1979). With the exception of Jeffrey Toobin, you are the only other attorney I have heard express that. In fact, most of the others that weighed in did so regarding IF he would be arrested. I expect myriad celebrity/TV attorneys to misrepresent some of the nuances of Florida Statute and procedure, but whether he was arrested is not a matter of Florida Statue, other than any progeny of the aforementioned.

    As for wishing you luck, I think your skill obviates any need . . .

  2. Name (required)

    Moderator, please change my “is” to “was” in the first sentence. Thank you.


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