Well, here are the transcripts for my recent appearances. Last evening proved interesting, as I was finally able to push my way through into proving some substance on issues that the public is — thus far — not really discussing on this case. Really, without regard to my status as a representative of one of the eyewitnesses to the Martin killing, this case presents us with a fascinating set of legal issues including, but certainly not limited to the following:
1. The immunity/”stand your ground” issue, and when it can be raised.
2. The potential to have an adversarial preliminary hearing per Florida Rule of Criminal Procedure 3.133, that — if successful — could result in Zimmerman being released on his own recognizance.
3. The potential for the defense to call 18th Judicial Circuit State Attorney Norm Wolfinger as a witness during a deposition to determine the basis for believing that there was not even probable cause to arrest; and
4. The failure of State Attorney investigators for the Angela Corey (in the 4th Judicial Circuit – Jacksonville) to swear my client in prior to questioning her approximately a week ago. If they also failed to swear in any other witnesses, then the Information is not based upon sworn testimony. Accordingly, it would need to be dismissed.
Sadly, the probable cause affidavit upon which the State based its charge of Zimmerman is sorely lacking in information that would seem to support the upcoming prosecution and its effort to legitimize a charge of second-degree murder. Indeed, I believe that this was a classic case of overcharging — and I am certainly not as impressed with Corey’s efforts thus far in handling this matter. I also believe that the current charge, and the underlying facts used to support it, potentially reflect two issues:
1. Corey is acting based upon her own future political aspirations, and potentially those of Rick Scott and Jennifer Carroll, and as part of that strategy;
2. Has purposefully overcharged this matter in order to score political points while also — at the same time — working to undermine the overall prosecution of George Zimmerman. She installs a senior prosecutor — 27 years experience — to handle the matter. Although this appears sensible, it also reveals an individual who has virtually nothing to lose in the event this entire prosecution collapses, as may be well-intended by Corey & Company. The assigned prosecutor is likely riding out the final three years of his career, and any backlash that could hit him would likely only precipitate a slightly premature retirement, with a decent pension and (at least) the promise of a book deal and public talk show appearances, a la Marsha Clark.
More to come ….